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03/09/1987 - 5051OFFIQAL QTY �iJNQL P�II�TII� �C)NQL NEETING N�R�i 9 , 1987 - � FRIDLEY CI TY COUNCIL MARCH 9, 19 87 ,- 7: 30 P. M. Following are the pp��IONS TAREN" by the Administration for your information. • • �_: � - YEAR OF TAE READER 19 87 CONGREGATE & HOME DELIVERED MEALS WEER MARCH 15-22, 1987 Issued by Mayor Nee : '� 4 • �! Council Meeting, February 23, 1987 A ppr ov ed �DOPTION OF AGENDA: Adopted as submitted `� . �. �. Francis Van Dan - Request of Resolution or Ordinance assessing a fee for complaints CI� MANAGER--ACTION TAREN: Bill Aunt has checked if inediation service can be of any help to this situation Council Meeting, March 9, 1987 PUBLIC HE�iRINGS Page 2 Consideration of Variance Requests, VAR #87-01, to Reduce the Minimum Allowable Distance f rom any Property Line f rom 10 Feet to 6 Inches f rom the Right-of-Way; to Reduce the Setback f rom a Drive- way from 10 Feet to 6 Feet, to Allow the Erection of a Sign on Lot 1, Block l, Walnut Addition, the Same Being 7365 Central Avenue N. E. , by Harley Thureen of the American Legion Post No. 303 ....... 1- 1 E Opened at 7: 55 p. m. Closed at 8: 00 p. m. COMMUNITY DEVELOPMENT--ACTION TAREN: Is on next agenda for consideration OLD BUSINESS• Consideration of Appointments to Environmental Quality, Energy, and Housing and Redevelopment Authority Commissions . . . . . . . . . . . . . . . . . . 2 Tabl ed SITY MANAGER--ACTION TAREN: Have put item on next agenda NEW BUSINESS• Consideration of First Reading of an Ordinance Recodifying the Fridley City Code by Amending Chapter 111 Entitled "Licensing Food Establishments and Food Vending Machines", by Deleting Section 111.13, Vending Machines and Renaming Chapter "Licensing Food Establishments" . . . . . . . . . . . . . . 3 - 3 F Ordinance adopted on first reading CENTRAL SERVICE--ACTION TAREN: Placed Ordinance on next agenda for consideration of second reading Council Meeting, March 9, 1987 NEW BUSINESS CONTINUED Pa ge 3 Receiving the Minutes of the Planning Commission Meeting of February 25, 1987 . . . . . . . . . . . . . . . 4 - 4 J Received A. Consideration of a Special Use Permit, SP #87-01, to Allow Exterior Storage of Materials and Equipment on the East 125 Feet of Lot 18, Block 2, Central View Ma.nor, the Same Being 7340 Central Avenue N. E. , by Edward and Rose Waldoch. ... Planning Commission Recommendation: Approval with Stipulations Council Action Needed: Consideration of Recommendation Tabl ed COMMUNITY DEVELOPMENT--ACTION TAREN: Is on agenda for March 23 B. Consideration of an Ordinance Recodifying Chapter 205 of the Fridley City Code As It Relates to Dumpster Enclosures, Health Care Clinic Parking, Churches and Garage Setbacks ...................... Planning Commission Recommendation: Approval Council Action Needed: Set Public Hearing for March 23, 1987 Set Public Hearing for March 23 COMMUNITY DEVELOP�ENT--ACTION TAREN: Proceeded with setting public hearing for March 23 4 -4 H, & 4R-4M 4 H, & 4N Receiving the Minutes of the CATV Advisory Commission Meeting of February 19, 1987 ......... 5- 5 I Received COMMUNITY DEVELOPMENT--ACTION TAREN: Filed for future reference Council Meeting, March 9, 1987 NEW BUSINESS (Continued) Pa ge 4 Consideration of Approval of Agreement No. 67 with The Metropolitan Waste Control Commission ........ 6- 6 D Approved PUBLIC WORKS--ACTION TAREN: Notify appropriate party of Council approval Consideration of Approval of a Draft for Request For Proposals (RFP) and Draft Ordinance together With Request f rom School District No. 14 and Supplemental Reports f rom ACCW for Cable TV Renewal ... 7 Discussed W -- T ON TA EN: Submit the request for proposal (RFP to Nortel with revisions as discussed Consideration of a Resolution Approving a Plat, P. S. #87-01, Longview lst Addition, Generally Located North of Interstate 694 , East of East River Road and West of the Burl ington Northern Rail road Tracks . . . . . . . . . . . . . . . . . . . . . 8 - 8 E Resolution No. 25-1987 adopted with stipulations COMMUNITY DEVELOPMENT--ACTION TAREN: Notified appropriate party of Council approval with stipulations & additions to stipul ations Council Meeting, March 9, 1987 NEW BUSINESS (Continued): Pa ge 5 Consideration of a Resolution Approving a Lot Split, L.S. #86-Q6, to Create Two Single Family Lots, Generally Located at 6076 Woody Lane N. E. ..... 9- 9 F Resolution 26-1987 adopted with stipulations COMMUNITY DEVELOPMENT--ACTION TAREN: Notified appropriate party of Council approval with stipulations Claims . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Approved CENTRAL SERVICE--ACTION TAKEN: Paid Claims Licenses . . . . . . . . . . . . . . . . . . . . . . . . . 11 - 11 B Approved CENTRAL SERVICE--ACTION TAREN: Issued Licenses Estimates . . . . . . . . . . . . . . . . . . . . . . . . 12 Appr ov ed CENTRAU SERVICE--ACTION TAREN: Paid Estimates ADJOURN • 9: 20 p. m. RCH 9. 1987 ' ' '' l . CONSIDERATIO� OF VARIANCE REQUESTS, VAR #87-01. TO REDUCE THE MI NIMUM ALLOWABLE DI STANCE FROM ANY PROPERTY LINE FROM 10 FEET TO 6 INCHES FROM THE RIGHT� OF-WAY; TO REDUCE THE SETBACK FROM A DRIVE- WAY FROM 10 FEET TO 6 FEET, TO ALLOW THE ERECTION OF A SIGN ON LOT 1, BLOCK 1. WALNUT ADDITION, THE ' SAME BE I NG 7365 CENTRAL AVENUE N. E. , BY HARLEY THUREEN OF THE AMERICAN LEGION POST N0. 303 ... 1 1 : PAGE 2 � ..,.1-lE CONSIDERATION OF APPOINTMENTS TO ENVIRONMENTAL QUALITY. ENERGY. AND HOUSING AND REDEVELOPMENT AUTHOR I TY COMM I SS I ONS . . . . . . . . . . . . . . . . . . 2 : ► CONSIDERATION OF FIRST READING OF AN ORDINANCE RECODI FY I NG THE FR I DLEY CI TY CODE BY AMENDI NG CHAPTER 111 ENTITLED "LICENSING FOOD ESTABLISHMENTS AND FOOD VENDING MACHINES". BY DELETING SECTION 111.13. VENDING MACHINES AND RENAMING CHAPTER "LICENSING FOOD ESTABLISHMEhTS". . . . . . . . . . • ...3-3F rA�t 3 ► . : ► ��I���i��1►111��, RE CE I V I NG THE h11 NUTE S OF THE PLANN I NG COMM I SS I ON P1EET I NG OF FEBRUARY 25. 1987 . . . . . . . . . . . . . . . 4 - 4 � A. CONSIDERATION OF A SPECIAL USE PERMIT, SP �87-01. TO ALLOW EXTERIOR STORAGE OF MATERIALS AND EQUI PMENT ON THE EAST 125 FEET OF LOT 18, BLOCK 2. CENTRAL VIEW P'WNOR, THE SAME BEING 7340 CENTRAL AVENUE N.E,. BY EDWARD AND ROSE WALDOCH.... 4-4H. � ANNINC COMMISSION REGOMMENDATION; APPROVAL � 4K-4M W I TH ST I PULAT I ONS EOUNCIL ACTION NEEDED: CONSIDERATION OF RE COM�1E NDAT I ON B. CONSIDERATION OF AN ORDINANCE RECODIFYING CHAPTER 205 OF THE�FRIDLEY ClTY CODE AS IT RELATES TO DUMPSTER ENCLOSURES, HEALTH CARE Q INIC PARKING. CHURCHESAND GARAGE SETBACKS ...................... 4H, Pj ANNING COMMISSION RECOMMENDATION: APPROVAL & 41�� COUNCIL ACTION NEEDED: SET PUBLIC HEARING FOR MARCH 23, 1987 RECE I V I NG THE MI NUTE S OF THE CATV ADV I SORY COMMISSION N�ETING OF FEBRUARY �19. 1987 . . . . . . . . . 5 - 5 � COUNC I L N�ET I NG, MARCH 9. 1987 : ► •� � � PAGE 4 CONS I DERAT I ON OF APPROVAL OF AGREEMENT N0. 67 W I TH THE METROPOLITAN WASTE CONTROL COMMISSION ....... s 6— 6 D 0 CONSIDERATION OF APPROVAL OF A DRAFT FOR RE�UEST FOR PROPOSALS (RFP) AND DRAFT ORDINANCE TOGETHER H' I TH REaUE ST F ROM SCHOOL D i STR I CT NO . 14 AND SUPPLEMENTAL REPORTS FROM AC(.1�1 FOR CABLE N RENEWAL ... 7 CONS I DERAT I ON OF A RESOLUT I ON APPROV i NG A PLAT, P. S. #87-01 . LONGV I EW 1 ST ADD I T I ON, GENERALLY LOCATED NORTH OF INTERSTATE 694, EAST OF EAST RIVER ROAD AND WEST OF THE BURLINGTON NORTHERN RAILROAD TRACKS . . . . . . . . . . . . . . . . . . . . . 8 - 8 E � COUNC 1 L MEET I NG, MARCH 9. 1987 ► � ' \ �► ► � CONSIDERATION OF A RESOLUTION APPROVING A LOT SPL I T, L, S. #86-06. TO CREATE TWO S I NGLE FAM ILY LOTS, GENERALLY LOCATED AT 6076 WOODY LANE N.E. PAGE 5 ......9-9F CL.AIMS . . . . . . . . . . . . . . . . . . . . . . . . . . 10 LICEN,SES . . . . . . . . . . . . . . . . . . . . . . . . . 11-11B EST I MATE S . . . . . . . . . . . . . . . . . . . . . . . . 12 :1 � :\ 0 w���iQm J..Nee - Mayor Fridley, MN • � � � � ; WHEREAS, the opportunity to read is of fundamentaZ iraportance to aZZ peopte; and WHEREAS, our nation and state r�ere founded by. and nor� depend upon. a Ziterate. informed citisenr�; and WHEREAS, it haa been acknorvledged that the probtema of iZliteracy and aZiteracy pose a serious threat to the weZt-being of an aZarming number of Minneeotane deserving of our immediate and continued eupport for educationat opportunities; and WAEREAS. reading is a gatervay to entertainment. imagination and achievement for att ruho possess the ekilta to accesa zts information; and WNEREAS, this joyfuZ acknorvtedgeraent of reading ia something that is too often taken for granted by those ruho can read; and WHEREAS, 1987 haa been designated by Federat Zaru and gubernatoriaZ proctamation as The Year of the Reader; AOW, THEREFORE, BE IT RESOLVED that I, William J. Ae6, Ma�or of the City of FridZey hereby procZaira 1987 TgE YSAR OP TBE RBADSR in Fridle�, and encourage aZl citiaena to cooperate tuith the achooZs and other organixations in promoting Ziteracr� and Zove of reading. IA WITPESS WBEREOF. I have set my hand and caused the aeal of the City of Fridtey to be affixed this 9th day of March, 1987. Ti�ILLIAM J. AEE, MAYOR • CDAGREGATE AAD EDME DELIVBRBD 1KEALS WESK MARCE 15-22, 1987 William J. Nee Mayor Fridley, MN WHEREAS, During 1986. over 3,500,000 meals ruere served to approximateZ� 105,000 Minnesotana age 60 and over. in a congregate aetti.ng, rvhere both the neede for nutrition and feZZoraship are met; and WgER.EAS, Over 1,500,000 home detivered meaZa rvere aerved to appro�imateZy 13,000 Minneeotans age 60 and over rvho r�ere unabte to prepare their or�n meata; and WHEREAS. The dedication of thousands of volunteere to hetping peopte receive hot nutritious meala each day enaures the continued rueZZ-being of so many peraons; and • WSEREAS. Autrtiti.ous food ie an esaentiaZ ingredient to the maintenance of Zife; and WHEREAS, Community based home delivered and congregate meat programs make poseible the jo�.nt use of public and private funda and resources to serve oZder peopte; and WHEREAS, The aged are revered members of 8ociety; POW, THEREFORE. BE IT RESOLVED that I, Wittiam J. Aee. Mayor of Fridtey. do hereby procZaim the rveek of March 15-22, 1987 to be CDAGRBGATE AAD EOMS DBLIVBRSD MSALS WESg in the City of FridZey and encourage citizens to $upport these programa ruith their donationa and votunteer efforts. IN WITAESS WSEREDF. I have 8et mr� hand and caused the seal of the City of FridZey to be afftixed this Mareh 9. 1987. � WILLIAM J. PEE, MAYOR THE MINUTES OF THE FRIDLEY CITY COUN�IL MEETING OF FEBRUARY 23, 1987 '�' MIN[Ti'ES OF THE RDGUiAR 1�E.TI1� 0 THE FRIDLEY CITY O�OAICIL OF FEBRUARY �3" 1987 The Regular Meeting of the Fridley City �uncil was aalled to order at 7:50 p. m. by Mayor Nee. PLEDGE OF AI,LDGIANCE • Mayor Nee led the Council and audienoe in the Pledge of Allegiance to the Flag. ROI�CALL: N�NgERS pRFSII�T: Mayor Nee, mtaicilman Goodspeed, ontaicilman Fitz�atrick, O��mcilman Schneicier and Cotmcilwanan Jorgenson NENBE�tS ABSII�IT: None PROCI,�M�TION• Ngyor Nee issued a proclamation proclaiming the week of March 8- 14 as Voluiteers of America Week in the City of Fridley. He stated the Volinteers of America operate oorrectional programs and many services for the handicappecl, disabled and elderly. He stated, in addition to the staff, more than 300 persons have volunteered their talents to provide these servioes to the �man�ity. AP�ROVAL OF MIN[JPES• OOC�x'IL t+�Ei'ING. FEBRIIlD,RY 9. 1987 • , N1�TION b�y Councilman Schneider to approve the minutes as presented. Sewnc7ed b� Gotmcilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried �manimously. ADOPI'ION OF AGENQA• Gb�mcilman Fitzpatrick requested an item be added as follaws: Discussion Regarding the No Left Turn Sicy1 at Aolly Shopping Center ( in oonj unction with Iten 6) . NDTION b� Cb�mcilman Schneider to aci�pt the agenda with the above addition. Se�nc3ed by O�imcilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISI�ORS• Mr. Bruce Nelson, 168 71st Way, stated he was making a request of the Co�cil on behalf of the Parent-Teacher Association of Stevenson Elementary School. Mr. Nel s�n stated the school oonducted a f ind rai ser last yea r and raisea $5,000 to be used for playgro�d equignent. He stated because not -1- /� 1�1�1L_H���.T . � .t.�i �1��is�. 'll mariy imprwgnents oould be macie for $5,000, they aprxoached the School Board and City (buncil for assistanae in order to purchase additional equipnent. Ae stated they were abl e to accompl ish some of thei r goal s when thei r r�uest was approved. Nlr. Nelson stated this year the funds raised would be used to finish the project, in orcier to make the best use of the playgrowld for c�ildren of all grade levels. He stated they had a successful fund raiser, however, additional f�mds are r�eeded to finish their project. He stated they are again requesting assistanoe fran the School Board and the City this year, He stated he has not, as yet, approached the Parks and Recreation De�artment, but would do so. Mr. Nel son stated he hoped the City would support their efforts so the playgrotmd project oould be finished. Mayor Nee stated he felt the ��mcil was sup�ortive, however, he suggested to Mr. Nelson that this request be processed through the Parks and Recreation Commission, and the Director, Mr. Jack Kirk, should be aontacted. PUBLIC HEARII�S • �• �. � • • � _ . ,L . � ; : � � �i.� �i. _ • ��� • � ' -- � �� ••� • .•, �_ � � _ •�• � � , • e�� • •� i • �_. .��;�! �_ NDTION by Councilman FitzFatrick to waive the reading of the public hearing notice anc3 open the public hearing. Seooncied by ��cilman Gooclspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the publ ic hearing opened at 7: 57 p. m. Mr. R�bertson, OomQmmity Developnent Director, stated this petition is for a subdivision plat on �operty located on East River Road south of 61st Way b� Longview Fibre. Ae stated the property is zoned industrial and the petition includes platting for two lots, the first lot involves replatting of existing property anc] an additional five acres to the �rth, and the second lot is for approximately 2.7 acres which would not be part of the Longv iew Fibre plarit operation or under their awnership, but would remain vacant property of Burl ington Northern. Mr. Robertson stated Longview Fibre's expansion plans include an addition of two �hases of warehouse. He stated the first phase is for 47,400 square feet of warehouse to be c�onstructed during 1987 and the sewnd phase is for 40,000 s�uare feet with oonstruction in the next year. He stated the total site area, including the e�ansion of the five acres, would be 17.9 acres; total building area, with the expansion, would be 311,000 s�uare feet; and a total lot o�verage of 39�. He stated the addition would have 118 new parking stalls and, with the 23 existing stalls, the total Farking would be 141 stalls which would meet �de. Mr. Robertson stated it should be noted that Lonqview Fibre is aoquiring additional property, part of Lot 1, in order to meet the lot coverage requirenerit of rot more than 40$ lot ooverage and this would, basically, be ponding and qreen area. He stated two variances are associated with this -2- ��.�J�.��_ ���� � � �: •�1!�_;_�_ : � plat and these were reviewed and recommended for approval by the Appeals Co�rnnission on January 13. He stated the variances are for a f ront yard setback f ran the street ric�it-of-way line f ran 100 to 62 feet and for a rear yard setback frcm 25 to 20 feet. Mr. Robertson stated eic�it stipul.ations were rec�omanended in aonjtmction with this plat which he outlined fran Fages 1B and 1C of the agenda. Mr. R�bertson stated Longview Fibre has been very eooperative in clearing up the lec�al description and have agreed to include the existing property in this plat in order to simplify the legal c]escription. Mayor Nee asked how many additional enplayees would be hired as a result of Longview Fibre's expansion. Mr. Novak, General. Nlana9er for Longview Fibre, stated the� would be hiring about 12 n�w enpl.oyees. Mr. Rockenstein, Attorney represeriting Longview Fibre, stated the company manufactures c�rrugated carcmoard boxes fram plain brawn paper received at the plant. He stated Longview Fibre currently enploys 137 persons and, with the 12 ne�w enplayees, it represents a nine percent increase in the work force. He stated three shifts are operating seven days a week and this is why th�y need to expand. He stated the comgany' s output of cardboard is 57,000,000 square feet per month. Mr. Rockenstein stated the first phase of expansion involves the addition of warehouse s�aoe to store their stock. He stated a o�rrugated machine would be addec7 in the seoond phase of the expansion, as it wi11 take approximately two years for this machine to be delivered. Mr. RQCkenstein stated, at the City' s rer�u�est, Inngv iew Fibre has repl atted the existing properties to clear up a very oonfusing legal description and the plat includes Burlington Northern's property to the north. He stated they are requesting a waiver of the Fark fee on the land al ready awned by Longview Fibre, but intend to gay the park fee on the property being aa3uired. Ae stated the drainage and building facade plans have been pr esented to staf f and f elt they were acaeptabl e. He stated Longv iew Fi br e requested the City staff prepare a landscaping plan, haaever, when they receivec7 bids on this plan, the costs ranged from $50,000 to $70,000, therefore, the� w�ould like to discuss stime p�ssible changes to reduce this f igure. N� other persons in the audienoe spoke regarding this prop�sed plat. NDTION by Coimcilman Fitzpatrick to close the public hearing. Seo�nded by C�ouncilman Gooclspeed. Up4n a voioe vate, all voting aye, Mayor Nee declared the motion aarried tmanimously and the publ ic hearing closed at 8:10 p. m. OI� BUSINESS: •� � • • • • � :,� _ i • � •,• �!s • .� �!4 �,! �� � � • r • �� • a�� I�i -� � � �,s ' �4 •!.��y� .. • . -3- 3. 4. k� 1�, �_ y� � � �: ' '• '+ ' : � ',• h!�_..i- � �':- �� r�.Vlll.�_ • NDTION b� Councilman Quality Commission. all voting aye, Mayo I •�!� •�i�+l� � • Goodspeed to table the appoir�tment to the Envirormental Seoonded b� Co�mcilman Schneider. Upon a voice vote, r Nee declared the motion carried unanimously. NDTIAN by Councilman Schneider to table the appointments to the Energy �nunission. Seconded by CAUncilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the mation aarried lmanimously. • •a+� •� i �• y� NDTION ty Cocmcilman Goodspeed to table the appointment to the Housing & Redevelognent Authority. Se�nded b� Gb�cilman Schneider. Upon a voice vote, all vating aye, Mayor Nee declared the mation carried unanimously. NEW BIJSINESS• RECEIVII� TI� MIN[TI�S OF TI� PIANNING COMMISSION MEETING OF FEBRUARY 11. 1987 : NDTTON by Councilman Fitzgatrick to receive the minutes of the Planning Comanission meeting of F�ebruary 11, 1987. Seo�nded b� O�imcilman Schneider. Upon a voi�e vate, all voting aye, Mayor Nee declared the motion carried unanimously. •� �� • • • _ • �1 �1 -,� 1 ' ' �L_ ��1� _ • yl�i�i�_ • _ _ •. •� � • • • •_o..M •a• ;:� . �� •�� _ y�� : ' M_, �� I • /• I I�'��1y 1 1 • . �i � ' �1� M I ' '1� ' �� • 1 �I • ;L_ � I •� ' � • • � �.� _ • �• P • � •• � .. y • 1 � ' 1 • �� `� • I • '� .I : • '� • � • 1 I� � ' I� 1 � �' :� �. . • • : I I : _ : •,� • � • t1�_ % : •�1�_';� Mr. Robertson, Q�m�n�mity Developnerit Director, stated these varianoes are requested to reduoe the f ront yard setback f ran 100 to 62 feet and the rear yard setback f ran 25 to 20 feet f or Longv iew Fibre at 5 851 East Riv er Road. Mr. Robertson stated, normally, a 35 foot front yard setback is required, but in this case where it abuts a riqht-of-way between an industrial and resideritial zone, 100 feet is required. He stated the comg�ny wishes to expand and add a oorrugating maciiine so a straight alignment is needed in order to locate this machinery inside the building. Mr. Robertson stated this is an odc7 shaped lot and the varianoe fram 100 to 62 feet occurs at the riorthwest aorner which is the most extreqne intrusion into the 100 foot required setback. Mr. Rockenstein, Attorriey representing Longview Fibre, presented a drawing -4- ��i�.��_ M��i� �t� �� � �i.s� of the oompany's expansion. Ae stated the plant is served by an interrsal railway line and, in order for it to alic� properly, the five foot variance is needed to the rear yard setback requirenerit. He stated the c�orrugating machine is over 300 feet long and dictates the length of their building, which creates the need for the variance of tY�e front yard setback requi rmerit. NDT�ON tr� dotmcilman FitzFatrick to grant variance, VAR #86-36, to reduce the setback f ram the street ric�t-of-way line f ran 100 feet to 62 feet and to reduce the rear yard setback from 25 feet to 20 feet to allow the oonstruction of additional warehouse spaoe at 5851 East River Road, by Longview Fibre Gbmpany, with the follawing stipulations: (1) petitioner work with staff on the ease�nents to be dedicated; (2) petitioner work with staff on the landscaping plan; and (3) the duration of time before this varianoe lapses is extended f ram one year to three years. Seoonded by Gbtmcilman Goodspeed. Up�n a voioe vote, all voting aye, Nhyor Nee declared the motion aarried unanimously. i.r�0��� R� � M • \ � 1t4 � ��1 �t� ' r_. •� �� � • �I \ • �' �• :� �� .• •� � • • ' �• [; ' : 1 • _i_ 1 �: _ ' • M • t • • al� ,� ��j �I' �I� ��• : +�� , �« •� .� : � � �;,_� , 1 . . « �� ,�1� �� ' • • � ��� •� :�_� • ,. .« ��• • i ���'a :a_ � y '��_�i� _-� �,���� �� • {--�`-M y • �� • � �� _4i� • i: � _�/� . • � 4 I _ s I 1 1 � • +l�l � � �i Mr. Robertson, Community Developnent Director, stated this varianoe is requested to increase the lot area allawed to be covered by main and acoessory buildings fran the 40 peroent maximun to 49 peroerit. He stated in 1975, Rurt Manufacturing was granted a variance that allowed them to increase the maximun lot ooverage allawed frcm 40 peroerit to 47.51 percent. He stated the petitioner is now proposing to enclose a 142 x 19 foot averhang located along the south side of the westerly half of their existing builciing. Mr. Robertson stated this area has a wmplete roof a�nstructed of steel bar joists, steel decking and an asphalt and gravel roof and enclosing it would prevent pilfering and protection of their castings from the weather. Mr. Rosburg, re�esenting Rurt Manufacturing, stated they presently lease land to the west of their building fran Burlington Norfihern for parking. He stated Burlinqton Northern has no use for this �operty and their lease is for an indefinite period of time. He stated they also rent property imsnediately to the south, whicfi is not available for purchase, and they have a f ive year lease on this land. Gb�cilman Fitz�strick stated he knows Rurt Manufacturing is a valuable resourve to the community, hawever, he does have some ooncern with the variance, as he felt there was maximLUr► developnent on this site. He thought perhaps Rurt Manufacturing should look to the possibility of aaquiring additional land for their operations. -5- �i�i�la� _41�1� - \ � ��!��. �� rDTIDN b� �uncilman Fitz�atrick to grant varianoe, VAR #87-02, to increase the maximun perveritage of the lat area allawed to be vovered by main and acaessory buildings fran 40 peroent maximun for a orie-story building to 49 percent maximuQn for a one-story building at 5200 Main Street, by Rurt I�Ianufacturing. Sea�nded by Co�cilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion �rried tmanimously. Mayor Nee stated he would ooncur with Gb�cilman Fitzpatrick's �mQnents, and felt Rurt Manufacturing should try and aoquire some additional land for thei r facil ity. Mr. I�sburg stated they would aertainly atte�npt to cb so. . � . • 'D • •d I � � �� ��.. « Mr. Flora, Public Works Director, stated there has been o�ncern about traffic exiting at the east drivaaay of fiolly Shopping Center when traffic on Mississippi Street is oongested. Ae stated, in addition to the traffic at the University and Mississippi intersection, there are also other driv�saays such as those to the Sylvan Hills area and the Rioe Creek Plaza Shopping Cer►ter which ac>ntribute to the heavy concentration of traffic in this area. Mr. F7.ora stated, in order to eliminate so�ne of the cangestion near the intersection, a no left turn sign was installed at the east driveway exit of Holly Center. He stated the intent is to move traffic along the front of the Holly 5hopping Center, which is the designed route, and pravide acoess orito Mississippi Street at the westerly driveway. Mr. Flora stated flashing lights and red flags were used to call motorists' atterition to the no left turn sign. Mayor Nee stated the oomplaints he has heard is that some businesses in Holly Shopping Center feel it is bad for their business. Also, the residents who dich't see the sic,}� and were given a ticket are angry. He questioned if the traffic problen was serious emugh to install such a sign and if traffic is directed to the westerly exit, if it would only increase the hazard in this arm. Mr. Frank Ferguson, 6850 Jefferson Street, stated he lives and works on the east side of University Avenue so the si� is an inoonvenienoe for him. He stated he will keep going to Holly Center, whether or not the sign is reqnoved, but didn't see the need at this time. He stated while some problens may be eliminated b� the no left turn sic� at the east driveway, it only mares the hazard to an�ther area. He stated he realizes there is a traffic problen on Mississippi Street and no matter how it is ap�proached, it will always be there. Councilman Fitzpatrick stated a problen with exiting at the westerly driveaay at Holly Shopping Center is that the alignment of the road is at an angle and exit and entranoe lanes are not def ined. Gbimcilman Schneider stated when cars are stacked to exit Holly Shopping Center at the westerly driveway, it creates a problen for those trying to enter because of the road alignment. He felt further channelization of traffic was neoessary inside Holly Center's parking lot. -6- M.1�. �_ ,���4� �. ��• ;z�: • �!: :. Mr. P'lora stated, currently, the west driveway lanes are not striped or marked. He stated with the imp�avenertt of the University and Mississippi intersection, further delirieation of the lanes in and out of Aolly Shopping Ceriter would be pravided. Ae stated if the rx� left turn sign renains at the east driveway exit, the Co�ty o�uld install some barricac7es opposite the exit so vehicles o�uld nat make a left turn. He stated another option would be to remove the sign and address this problem at the time of the intersection impravenent at University anc7 Mississippi. 4�tmcilman �`itzFatrick stated he dich't feel it was �xenature at this time to request the sic� be renaved. NDTION b� Councilman Fitzpatrick to request staff to renave the no left turn sic� at the east driveway of Holly Shopping Ceriter. Sea�nded b� Councilman Goodspeed. Mayor Nee felt it may be better to �nsider this item in wnjunction with the plan for the Mississip�i/University intersection imprwenent. ��mcilman Gooclspeed stated it probably looks good on Fager, but after being exposed to this change, he felt it was rot needed. UP�N A VOI� VdI� TAF�N ON �iE ABOVE NDTION, all voted aye, and Mayor Nee declared the motion carried unani.mously. AND �QNSIDERATION OF APPROVAL OF AN AGREEMENT WITH ANORA COUNTY FOR THE TNIPRO�IEMEIJr OF MIS�SISSIPPI/UNI�IERSITY AVENUE INTERSECT�ON �'ROJECT. ST. �.$Z� Mr. Flora, Public Works Director, stated the ��mty is prooeeding to prepare plans for the impravene� of Mississippi Street. He stated included in this project are the City requirn�e.nts for water, storm and sanitary systems to support developnent in the �outtnvest �rr�er of the Mississippi/University Avenue intersection. He stated the project is estimated over $500,000, with the City's share about $150,000. Mr. Flora stated the HRA approved this im�avenent and the fimding, and the joirit powers agreeqnent is now before the Coimcil for e�oecution, if the work is to be aca�mplished. Mr. Flora stated the City will have to request the County revise their drawings to address a future traffic sic�al to . the west of Aolly Shopping Center or at some other location sb there would be swne adj ustments to the figures in the joirit powers agreenent. Mr. FZora stated as far as access to the Sylvan Hills area and possible future developnent of the southwest vorner, a temporary road could be constructed behind the Rice Creek Plaza going onto 3rd Street, or the existing servioe drive a�uld be used tmtil plans for any c3e�velopnent of the southwest oorner are f inal ized. Mr. Qureshi, City Manager, stated the City currently cbes not have a road ric�t of-way on the Rioe Creek Plaza property. He stated this right-of-way -7- MiJ�. �_ i�+ • ��!�± is pcedi�ted on the HRA obtaini.ng awrership sometime in the future. Councilman Schneider stated he was concerned if this intersection impravenent may be premature and if it should possibly be delayed until #here are firm glans for the southwest mrner. Mr. Flora stated next y�r the Gburc�ty is planning to close East River Road for most of the su�aner to install their imixavenents and Mississippi Street would be the detour route. He stated, currently, there are f unds and the �wity has initiated action to indertake this project which aould solve mariy of the problens at this intersection and provide a better detour when the impravanerits are cbne on East River Road. Mr. Herrick, City Attorney, stated he has reason to believe the awner of the Rioe Creek Plaza Shopping Center will be requesting the HRA to aaquire this property, either tr� r�eg�tiated purchase or a lawsuit, and that this will happen in the near future. He stated this may solve the question of the right-of-way. Mayor Nee stated the realic�ment of the road and access into S�ilvan Hills will still have to be determined. Mr. Qureshi stated the Council could approve the joint powers agre�nent subject to obtaining an opening in the median until an alternate route or acoess is pravided to S�ilvan Aills. Mr. Flora stated a letter of transnittal has been pre�ared which states the City wants sic�als �xavided for a cross-ixitersection that isn't included on the Co�mty's plan. Ae felt there should be some flexibility to the plan so it is workable based on developnents in the southwest quadrant. Mayor Nee stated even though the plan was shawn to the aaner of the Holly 5hopping Ceriter, he dich't lmow if residertts in the area were aware of it. Mr. Flora stated a hearing was held on the plan before the HRA. Mayor Nee felt perhaps revisions should be made to the plan, based on discussions this evening, and a hearing held to notify affected property owners and shopping ceriter t,enants. Mr. Qureshi stated the County oould be advised the Council agrees, in wnoe�, with the plan, but a hearing should be held with affected property awrnrs and tenants. Ae stated there should also be the option of keeping the south access to Sylvan Aills open, unless an alternative access is pravided. NDTION tr� Councilman Goodspeed to refer this plan to the County, with the addition of the im�ovenerits discussed this evening, and request a hearing be held, before it is brought back for final approval, in order to obtain oonanents f ran affected property vwners and tenants of the shoppi.ng centers. Sea�nded b� Co�mcilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried �u�animously. m ��.���. �_ ��� • - ;��:;��!�sa � 'r '• � • • • • : �� �;��I: �I •� « � � � - - � . i :� Jil« . M_:�_ �M��. �__z. Mr. �'lora, Public Works Director, stated this resolution is in response to the City's review of the Rioe Creek Watershed District Management Plan. Ae stated Exhibit A, which is a part of this resol ution, outl ines the City' s oonoerns in areas where there is the potential for a very serious impact. Mr. Flora stat�ec3, hopefully, the Watershed District can rewrite the plan with more specifics. N1�TION by Councilman Fitzpatrick to adopt Resolution No. 19-1987 with Exhibit A. Sea�nded by �imcilman Schr�eider. Up4n a voioe vate, all voting aye, Mayor Nee declared the motion aarried imanimously. �: '1 _� • • 1 ' : ' �l � �. � ,��4y� i� _ M_' ♦1; `� �� �4i� ��.4� - - � �� '� � « �- - _ ' 4 � «r ,s * � �l l� � ' y� � ,. ti Mr. F7.ora, Publ ic Works Di rector, stated the Metropol itan Waste Control Cbmanission has requested the City take a position in regard to the SAC refind. He stated the City is oompleted sewered and everyone who has a oonnection has paid a SAC charge. Ae stated the rngative impact is that the SAC charge will increase for new developnents. NDTION b� Coimcilman Schneider to acbpt Resolution No. 20-1987. Sec�nded b� Q��mcil�n Gooclspeed. Upon a voioe vate, all voting aye, l�yor Nee declared the motion aarried �animously. '• �M • • __' '���� �- ; ! ��_ 4 : . � : _�� ;� _ � ' • �!1 !� _ 4 �!_ �� ��i� � ,� • ��_ �_: Mr. R�bertson, GtxYUmnity Developnent Director, stated the Council approved this lot split on Novenber 3, 1986 and a replat or registered land survey was to be suimitted. � stated this registered land survey has now been reaeived and Co�mcil should v�nsider acbption of this resolution to approve the lat split with the stipulations attac3ied as E�ibit A. Mr. Robertson stated seven stipulatons are roted in Exhibit A, haaever, an additional stipulation should be added as follows: (8) The se�wer and water lateral and tap assessnerits would be required at the time of apglication of the building permits. Mr. Qureshi statecl in the land survey, Lnder the lec�al clescripti.on of Parc�el A, a wrrection should be made fram 15 to 17.5 €eet, as the stipulations indicate a 17.5 foot street and bikeway/walkway easement along East River Road. M�TION ty (bLmcilman Fitzpatrick to acbpt Res�l�ion No. 21-1987, with the ei.c�t stipulations attached as E�ibit A. Seoonded by Cbtmcilman Goodspeed. Up�n a voiae vote, all vating aye, Mayor Nee cleclared the motion carried unani.mously. -9- ���� �_ y��_� • �=' �!�s� - 1 �• �� • • � _ � '� _� _ • �.M � z � �' '� ' �� •� :_�i� ' �M �N � : �� � • �� �t �z � i.� �i ' � �_ : �� _ !s � ' �, yi: �� i �� I 4�!_ �� • 4 i •� � • ' �� ! �_ • ' % Mr. Flora, Public Works Director, stated the Housing & Redevelopment Authority passed a resolution requesting the Council proceed with the project to imprave Highway 65 and the intersecting legs of Lake Fointe and Old Central. Ae stated the proj ect was designed by Short Elliott-Hendrickson at an estimated oost of $1.7 million. Cbtmcilman Schreider stated he oould not support the resolution at this time Lmtil after he reviews the oomments fran the neic,�borhood meeting to be held Mardz 11. NDTION b� CAtmcilman Schneider to table this item to the March 23, 1987 meeting. Se�nded by Coimcilwanan Jorgenson. IJp�n a voioe vo�te, all vating aye, N�yor Nee declared the motion carried unanimously. �� • • �- � � _ � _ :� � • • - t� _ � � � -- � �- _ i. _� • • ��� •o �� `�_' � � ; �l �4 NDT7pN by Cbuncilman Schr�eider to acbpt Res�lution No. 22-198'7. Seoonded b� Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee c3eclared the motion carried imanimously. _� � �� • • �, � ' � �►,_ � � • � • . � � . •�.��l4. Mia�� • y� • ..,� L NDTION b� Gb�mcilman Schneider to acbpt Res�lution No. 23-1987. Sec�nded tr,� Councilwanan Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the mation aarried �manimously. ' �� � • ' : i �' �� '� � _ �sl •� �� ��I� • . :� � 4_M li�. � • �yl �M' • •,� • �! 4'I •� � 4r� 1� �� '�� s� � �' • • �y� �: �• ��.1�_ ' ��_ �lyl •� 1,�� NDTION b� CAUncilman Fitz�atrick to acbpt Resolution No. 24-1987. Secondec3 by C;oimcilman Goodspeed. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. � • ti� �� 44 ��l' !1�� I�DTION b� Councilman Schneider to a�ncur with the follaaing ap�intments by the City Manager: I+�:�v- , (�rol Bartlett 262 57th Plaae NE Fridley, NN 55432 POSI�ION Acao�mting/ Data Input Qerk (Norr-e�oe�npt) -10- STARTII� SALARY $6.37 per Hour ($1108.95 Nb.) ,• • � Fieb. 24, 1987 � Alarla Herrmann �i�i�1+..� � ��r_?� �4� ��' �?! _�i�!�i± Dav ic1 Sallman Deputy Publ ic $44 ,126.52 Feb. 24, Renneth 6061 Woody Lane Saf ety Di r. per 1987 Wil kinson Fridley, NN 55432 (Exempt) year Seaonded t� Gbimcilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion aarried �manimously. 15. �� NDTION b� Cota�cilman Fitz�atrick to authorize payment of Claims No. 12958 throuc� 13160. Seo�nded tr,� ��cilman Schneider. Upon a voice vote, all voting aye, l�yor Nee declared the mation carried tmani.mously. 16. LICENSES• NDTION b� Councilman Schneider to apprwe the liaenses as submitted and as on file in the Lioense Qerk's Offioe. Sec�nded tr� ��mcilman Fitzpatrick, Upon a voive vote, all vating aye, Mayor Nee declared the motion carried imanimously. 17. ESTIMATES• NDTION ?X Gbuncilman Schneider to ap�ave the estimates as sulmitted: Smith, Juster, �eikena, I�►�lmon & Haskvitz 6401 University Avenue N. E. Fric7ley, NN 55432 For Serv ioes Rendered as City Prosecutor Fbr the mor�th of October, 1986. ..... For the month of Navenbex, 1966 ..... Fbr the mor�th of De�nber, 1986 ..... For the month of January, 1987. ..... Minresota Valley Landscape, Inc. 9700 West Bush Lake Road Minneapolis, NN 55438 . . . . . . . $ 7,937.50 . . . . . . . $ 7,600.00 . . . . . . . $ 7,397.00 . . . . . . . �._.$.t? 87 . 5Q $31,722.00 Fartial Estimate �3 Demolition & Site Grading Project #163 Lake fbirYte Corporate Qenter . . . . . . . . . . . . . $15,903.00 Sewnded tr� C��mcilman Gooclspeed. Upon a voioe vote, all vating aye, N�ayor Nee c3eclared the motion carried unanimously. �! �i��!�� 1'�llTION by Councilman Schneider to adjourn the meeting. Seconded by Councilman Fitzpatrick. Opon a voice vote, all voting aye, Mayor Nee cieclared the motion carried unanimously and the Regular Meeting of the -11- �a�11�,. �_ �rl._'�_�. � �` � �s_ + Fric�.ey City Cb�cil of F�ebruaiy 23, 1987 adj ourned at 9: 35 g. m. �spectf ully suYmitted, Carole Haddad Willian J. Nee Secretary to the City ��ci.l Mayor APPraved: -12- a � PLANNING DIVISION � MEMORANDUM� ci�roF FRIDLEY �III�iO ZO: Jock Robertson, Catmu�ity Developnent Director 1�i0 FRCHI: Jim Robinson, Planning Coordinator J� , N�EMO L1ATE: March 4, 1987 RDGARDING: Item from the Appeals Meeting of February 17, 1987 On February 17, 1987 the Appeals Commission reoonunenc3ed apprwal of varianoes associated with a pylon sic� for the American Legion on Ononuaga Street and Central Avenue. Due to the fact that the proposed sign location was shifted during the meeting, a new, unpublished varianoe was created. . The Appeals Commission recognized this situation prior to their recom�nendation. In orcier to follaa the due process necessary to validate this new variance (sic� setback from driveway from 10 feet to 6 feet) staff has sent out acu3i.tional notioes referencing a public hearing for the item at . the l�`,4rcY2 9, 1987 Coi.mcil meeting. JI�i�/c'�n � H;-87-54 � , . 1A CITY OF FRIDLEY APPEAI.S COf�t4ISSI0�1 t•tEETING, FEBRUARY 17, 1987 CALL TO OR�ER: Chairperson Betzold called the February 17, 1987, Appeals Comnissi order at 7:30 p.m. / ROLL CALL: Menbers Present: Donald Qetzold, Alex Barna, Jerry Mer►bers Absent: Diane Savage , Kenneth Vos Otl�ers Present: Darrel Clark, City of Fri y Louis Rosburg, 2407 - 1 th Ave. N.t�. Edward Kowalski, 199 - 181st Ave. N.W. Narley Thureen, 7 Lyric Lane Richard & Carol Larson, 531f Matterhorn Dr. Janet & Robe Oulicky, 5332 tlatterhorn Dr. Ton & Arl Albers, 1390 Skywood Lane N.E. C. �4. ebretson, 5376 �4atterhorn Dr. APPROVAL OF JA��UA 13, 19873 APPEALS CONt1ISSI0N MINUTES: eting to MOTION BY 11 BARNA� SECONDED BY MR. SHEREK� TO APPROVE THE JAN. Z3� 1987, APPEALS C MISSION MINUTES AS WRITTEN. VDICE VOTE, ALL YOTIIJG AYE, CXAIRPERSON BETZOLD DECLARED THE MOTION D UNANIMOUSLY. l. CONSIDERATIOfJ OF A VARIA��CE REQIlEST, VAR #87-Q1, f3Y HARLEY THUREEN, PURSUANT . , , I t LI�� R 0 FEE F I SIDE OF E RIG �T-OF-WAY, TO LLOt�I THE ERECTION OF SIGPJ N T, BL CK , W LNl1T DDITIOW, THE SA�tE QEIt�G Tf{E SNADD ICK A�D LAGEAU t1ERIC �I EGI N POST PlO. 303, 65 C � .., , � A MOTION BY DR. VOS� SECONDED BX l�t. BARNA� TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTZNG AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING OPEN AT 7:34 P.M. Chairperson Qetzold read the Administrative Staff Report: AD�9ItJISTRATIVE STAFF REPORT 1365 CENTRAL AVE��UE N.E. WIERICARI LEGIOtI POST #303 VAR #87-01 � : APPEALS C0t1t�ISSI�N t4CETIt�G, FEE3RtlARY 17, 1987 __ PAGE 2 A. PUtiLIC PURPOSE SERUED QY REQUIRCMENT: Section 214.11.2, E, requires a minimum distance of ten (10) feet from any property 1 i ne or dri veway . Public purpose served by this requirement is to avoid congestion in the public street and traffic hazards and other danqers. B. STATED HARDS�IIP: "If we were to erect the sign in compliance with the code, the sign would take one needed parking stall. A variance is needed to place sign in the green area and off of parking lot." C. ADf1ItiISTATIVE STAFF REVIEW: The American Legion had a sign in the northwest corner, green space, just south of Onondaga and east of Old Central. The sign was in the right-of-way of Onondaga and may have been in the Old Central right-of- way . City code states that signs are to be 10 feet from the right-of-way and from a driveway. The proposed sign would replace the previous sign in this area. It has been proposed that the sign be located 15.5 feet from the Onondaga right-of-way, this is 5.5 feet more than required by Ci ty code. The reason for a variance is that Old Central has a 28 foot right-of-way on both sides of the road. There is only 18 feet of additional green space fro�*► the right-of-way line to the edge of the dri�►eway. The American Le�ion is petitioning to have the sign built inside the 10 foot riqht-of-way and drivewav setback requirements. Mr. Clark stated there was a correction in the variance as published., When the petitioner brought in the first location for the sign. it was thought it would have to be within the County right-of-a�ay. That was not true. After measurements were taken, the sign will actually be 0 feet froM the property line at the right-of- line line. So, the variance should be changed to read from 10 ft. to 0 ft. Mr. Clark stated it was 100 ft. right-of-way f rom Central Ave. which was quite a bit uider than normal, even fo�r a County Road.(�ost are 66 ft.�, leaving a 28 ft. green space within the-right-of-way itself. So, the face of the sign will actually be 28 ft. from the curb on Central Ave. There were no known plans to widen or improve Central Ave., at least in the near future. He stated he did not have the exact sign design, but it did meet the height requirement and size requirer.ients in the Sign Code. � Mr. Harley Thureen stated there was possibly some misunderstanding of what they were asking for. They were proposing to be 8 inches off the County right-of-way line where Mr. Clark had shown it as 0 ft. They were proposinq 1C APPEALS C0�1t�ISSION f4EETItJG, FEBRUARY 17, 1987 PAGE 3 a 10 ft. wide sign so the edge of the sign, stead of being 10 ft. off the driveway line, would be 6 ft. off the driveway line. The 5 ft. dimension in the north/south direction was correct, and the edge of the sign would be off the County right-of-way by 8 inches. Mr. Thureen stated what they had originally proposed was to put the sign in the second parking stall with bumper curbs around it, but they cannot afford to lose a parking stall. MOTION BY MR. BARNA, SECONDED BY DR. VOS� TO CLQSE THF. PUBLIC KEARING. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING CLOSED AT 7:45 P.M. Mr. Barna stated he actually saw the need for two variances: a varaince from the driveway line fror� 10 ft. to 6 ft., and the 10 ft. fror� the public right- of-way requested to be 5 ft, inside the public rigi�i-of-way was now 6 inches outside the public rig�ht=of-wa.y. Technicallv both on the east side of the sign and on the west side of the sign, variances were re4uired. There was no doubt that this was a better position for the sign, but he wondered if they would need to republish the notices for the public hearing again. Mr. Clark stated the critical part of the sign to the driveway was for visual traffic. It was proposed that the height of the sign was 10 ft., so it would not interfere with the line of sight. In reading the Sign Code, it does say "10 ft. fror� any property line or drivea�a.y". He would suggest that the Appeals Comnission go ahead and make a recommendation as it has to do with the right-of-way, and if that was not correct, then the variance request would have to be withdrawn or. republished. He agrzed this was the best position for tlie siqn. Mr. Betzold stated he was not quite sure the hardship had been demonstrated, otf�er than they �,�ant a sign. On the other hand, the sign did meet the require- ments of the Sign Code. Mr. Clark stated that no matter where the sign was put, it was either going to be closer than 10 ft. to the right-of-way or it was going to be closer than 10 ft. to the driveway. MOTION BY MR. BARNA, SECONDED BY DR. VOS, TO RF.COMMEND TO CITY COUIICIL APPROVAL OF VARIANCE REQUEST, VAR M87-01, BY NARLEY THUREEN, PURSUANT TO CHAPTER 2Z4.I1.2� E, OF THE FRIDLEY CITY CODE TO REDUCE THE MINIIfUM ALIAWABLE DISTANCE FROM ZO FT. FROM THE WESTERN PROPF,RTY LINE TO 6 INCNES FROM THF. WESTERN PROPERTY LZNE AND FROM 10 FT. FROM THE EAS TERN DRIVEWAY CURB TO 6 FEET FROM THE EASTERP7 DRIVEWAY CURB� TO ALLOW THE ERECTION OF A SIGN ON .:�. 1, BLOCY. 1� �IALN� ADDZTION � THE SAME BEING THE SXADDRICK AND LABEAU an!FarrAN T.Fr,rnN PaST NO. 303, 7365 CENTRAL AVBNi1E N.E., FRIDLEY� MZNNESOTA. 55432. UPON A VDICE VOTE, ALL VOTING AYE, CHAZRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. . .. �w .,,, r. .,, . . - P ADD/T/a .7ion ; � 7400�� ��i3�r•t: _ .1�4t�e�%�Io( �:� �� ��%f31'• � _ '� t � (�i . .. .,�.• � � ,.� � '`� ` �. �� .r�.:r�� sr s.�i'� = ;'� ' i. ,S3 L� � ~ ' ;�"� � ,��`� ,�T + �� I � . . ♦� • ♦ �" � � r N . ` , y* • -76 T!�•, .�,'"..� AVENU ~ • • r I. ^�'s' E ��<��" �.� z . i ' • . _^� � 75� f ' �j �� � �q � � ;e: � 3 /3�� i�tP = ' ;.:. a 6 � 3 • . r � a, �s�, . 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' :E� !t � . , , � �LOCATIO.N MAP � � . � . __ _ �:� L�'�� ,. _, . . ,�, _. �. __ � _ _: � NO�'TH �CAc.E= J "= 20' 1-iJ 7 � � � J � � � Z l--V v - ` --- - -- --__. � c • ` " V�R.#87-01 American Legion CENTE�Q a�" ��P�P�'s�0 S/6IV TN/s siC�N HAs � BEEN ,PE�Vc',D ,[. -r�) O" 11 , �E1� i �-1�*1 NC� COr.iG Cu(�j ONP�N �� o� E���TiNV �o 71�6 -- ,; �� , ���� S� OC i, ( I • � EX��;t1 NCa '� � s-�v5 ='�'•, i j ExiSTI N� : .. 1 �-����� c y ,� , .. j �c?� T .. i ���� �_`J " � �R/L'Lc � ` 1 I i �I " h �i � � � � � , � SITE MAP 0 � FOR CONCURRENCE BY THE CITY COUNCIL �— APPOINTMENTS2 � I�1R� 9, 1987 (Tabled February 23, 198'7) •�i�� s �•,• i a� v• • ��• �• � � � �► � • • , 4-1-89 ��9Q���1 -------------------------- 4-1-87 4-1-88 ' 1� : � 1 1 I� ' ✓� } • 'ti�� � 1 1' �' yy. . 21/28 n K � yi� �i: • _________ - .� Vacated b� Bruoe l�terson 1�/19/86 Glen Douglas 861 66th Avenue N. E. ( H. 571-2074 ) Vacated by Dale Rhanpson 5/ 19/ 86 walter Rasnussen 7806 Alden Way N. E. (H. 571-6232) 3 oRnn�cE No. AN ORDIN�]CE REQ�DIFYII� ZSE FRIL[,EY QTY OOL1E BY AI�IDII� Q3AP1'IIt 111 II�I�,ID "LICENSING FOOD ESTABLISHMENTS AND FO()D VENDING MACHINES", BY DELETING SECTION 111.13, VFI�IDING MACHINES, AND RENAMING CAAPTER "LIC'ENSING FOOD ESTABLI���. . THE CITY QOUNCIL OF THE QTY OF FRID�,EY DOES ORI�AIN AS F+O�,L�UnIS: 111.13. VIIdDING MAQiIIVES //Each vending machine lioensed under this Chapter shall be oonstructed and maintained as follaws: 1. Adoption by Reference. All venaing machines and their operation shall comply with the requirements of The Vending of Food and Beverages - A Sanitation Ordinance and Code - 1965, Reconunendations of the Public Health Service, as well as the National Sanitation Founaation Standard No. 25, Vending Machines for Food and Beverages, August 1968 or the National Autamatic Merchandising Association's Evaluation Manual for vending machines. These doctanents are hereby incorporated by Fridley as if set out here in full. � 2. Posting Notioe. Each vending machines shall have posted thereon a label or sign indicating the name, address and telephone nimiber of the person responsible for its operations. A taq or lioense insic�ia shall be issued for each vending machine lioense under the terms of this Chapter. Such tag or insignia shall at all times be affixed to the licensed vending machine. 3. Sealing. Ariy food vending machine which is defective or unsafe or to which no tag or license insignia is affixed or which is unlawfully tmlicensed may be sealecl by a tape or w ire upon authorization of the Health Authority to pr�vent its cantinued use. A tape or tag shall be attached to the Seal stating that the Machine is not to be used. No person shall use a machine which has been lawfully seal ed nor may any unauthorized person renwe said seal. 4. Exemption. Vending machir�s dispensing only bottled or canned soft drinks are exempt f rom the state, ho�ne rule charter or statutory city, and county inspection fees, but may be inspected by the commissior�r or the commissioner's designee. (MN State Statute, Chapter 2EA.09 and ac�nended by Q�apter 375, Minryesota Session Laws, 1986)// �n� a food vendina machine inspection or license fee. PASSED AND ADOPI.'ED BY THE QTY OOUNCIL OF THE CITY OF FRIDLEY THIS L1�Y OF , 1987 WILL�iM J. 1�E — NIAYOR ATI'E'ST: S�iIRLEY A. HAAPALA — CITY Q�ERK First Reading: Seoond Reading: Publication: M4M � ;�; 1�: .�1 MEMORANDUM 7.0: NASIM M. QUR�iI, QTY MANAGIIt F1�I; RICIiARD D. PRIBYI,, FIN�NCE DIR�CIOR SUBJECT: DIS�NTINUANCE OF ISSUAN(E OF LICETiSES IN RDGARD TO FOOD VII�IDII� MA�INES L1i�iTE: MAR(S 3, 1987 Attached you wi.11 find a oomnunication I reoeived fram Mr. Ztianas W. Masso, Director , Food Inspection Division for the State of Minnesota. In this letter he states that it is no longer appropriate for the City of Fridley to be issuing Food Vending Licenses when we are providing no inspection services for the lioenses. In discussing some of the alternatives that we might pursue in regard to the inspection, he stated that the only way we would be able to pravide adequate inspection would be to have a lab on the prenise to analyze the different bacteria. He also stated that it would be inappropriate for us to oontract that service out to a private oompany and Anoka County was also unwillin9 to provide that servioe for the City of Fridley. The only alternative we have at this point in tinne is to disoontinue the issuanoe of the lioenses and modify our City Code. During 1986, we issued 387 of these lioenses at an amount of $15 each equal ing $5,805. This is the amount of loss revenue that we will be incurring from this point forward. If you have any additional questions in regard to this matter, please oontact me. 12UP:sh Attac,�anent 3/0/4/22 3A . � LANO OFQUAUTYFOODS February 6, 1987 CERTIFIED MAIL RETURN RECEIPT REQUESTED Richard Pribyl Finance Director City of Fridley 6431 University Avenue NE Fridley, MN 55432 Dear Mr. Pribyl: STATE OF MINNESOTA DEPARTMENT OF AGRICULTURE For discussion at Dep t�nt head meeting February 3, 19�7 90 W.PLATO BOULEVARD SAINT PAUL, MN 55107 (612) 296-2627 As we disucssed recently, our agency has received a complaint from a food vending company that the City of Fridley is charging them food vending machine license fees. Minnesota Statutes, Chapter 28A, Section 28A.09, Subd. (a) provides that a home rule charter or statutory city may inspect and license food vending machines in lieu of the state inspection program. Cities that do not inspect food vending machines are prohibited from imposing a food vending machine inspection or license fee. As of this date, our Department has not been officially notified by the City of Fridley that the city desires to take over the state inspection program in Fridley. Due to this fact, we can not recognize your inspection and licensing program. If the city desires to take over the state responsibility for the licensing and inspection of food vending machines in Fridley, we �+►ill need the following information: 1. Letter requesting authorization to become the designated inspection agency. 2. Certification from the City Clerk that the city has the authority to conduct a program. 3. Copies of the ordinances for licensing and machine inspection criteria. 4. Effective date of your program. In order to make a smooth transition of this regulatory responsibility, I would suggest that you start your program on July 1, 1987, since our licenses expire on June 30, 1987. ENJOY THE HIGH QUALITY AND INFINITE VARIETY OF MINNESOTA FOODS AN EDUAL OPPORTUNITY EMPLOYER Letter to Mr. Richard Pribyl City of Fridley February 6, 1987 Page 2 3C If the city does not wish to take over the state inspection and licensing program, you should immediately discontinue licensing food vending machines. Enclosed for your information is a copy of our Food and Beverage Yending Machine Inspection Procedures and a copy of Minnesota Statute, Chapter 28A.09. I would appreciate it if you would notify me of the cities decision on this matter by February 23, 1987. Please feel free to contact me if you have any questions. Sincerely, MINN OTA DEPARTMENT OF AGRICULTURE I .�-�.,�� i.� . 11" ca.�.�J Thomas W. Masso, Director Food Inspection Division TWM:af encl. cc: Paul Strandberg, Special Assistant Attorney General Howard Anderson Charles Klammer Mary Lou Paulus 0 3D 28A.09 INSPI:C"TION PEES FOR VF.NDING MACHINES. Subdivi�n �innu I statc rnspc tion, fcc oCat cast�$ t 5 for each nonexem�p gmachi ee is sub�cct to provided that: (a) Food vending machi�tes may be inspected by either a home cule charter or statutory ��lY. �°�' �ou ty thcy sl all nothbc subj ct toethcs ate i spection, fee, butrthe s t a� u t o ry c i i y, ; m p o s e a r e a s onable inspection home rulc chartcr or statutory city, or t hc coun t y m a y or liccnsc fcc. %� �1OS ����not h pose a food� ending machineth speetion�or li cense fee. , vcnding machincs unsorted confec- (U) Vcnding machines dispcnsing only gum balls, hard candy, tions, o� ��fec lbuc fmay bca r�sP ccd by thcstate �A home'rule chacter or statutory �atY inspcction may impose by ordinance a reas h A coun pcmaynmPo e by ordinance a reasonable machincs dcscribcd in tl�is paragrap Y inspcction or liccnsc fcc on tl�e vcnding machines described in this paragraph which arc not locatcd in a homc rulc chartcr or statutory city. (�) Vcnding machincs disPcnsing only bottica d cou ty inspccion fcesebut may from thc statc, homc rulc chartcr or statutory cily, be inspected l�y tlic commissioncr or the commissioner's desiS c uire that a vending Subd. 2. Idcntification; rulcs. Thc commissioncr may 4 machine must be identified in accordance with rules promulgated pursuant to chapter 14. I�iston•: 1971 c j39 s 9; 1975 c SO? s 2; 1952 c 424 s 130: 1933 c 293 s S4; 19S c 300 s 4; 1>S4 c 503 s 1; I9S6 c 375 s 2 MINNESOTA DEPARTMENT OF AGRICULTURE Food Inspection Division 90 West Plato Blvd., St. Paul, MN 55107 (612) 296-2627 FOOD AND BEYERA6E YENDING MACHINE INSPECTION PROCEDURES Inspection of Food and/or Beverage Vending Machines must include the following: 1- 2- 3- 4 - 5- 6- 7- 8- 9- 10 - General Sanitation (interior and exterior of the machine dispensing tubes, containers, cups, etc.) Physical condition of the machine (free of holes, broken harborages.) Environment (location of the machine.) including pull knobs, glass, insect or rodent 3E Interior temperature and/or product temperature of hot and/or cold food machine. If bulged cans are observed, remove from sale. (See temperature requirements below.) The temperature sensing device. Prevention of copper poisoning. Labeling (whether by label on prepackaged items or by sticker or sign on machine dispensing bulk beverages. License sticker on machine. Delivery vehicles (when possible) Sampling Rules Covering This Inspection There are no specific regulations pertaining to sanitation of or the sale of food through vending machines. However, since the products being sold are food within the definition provided by MS 31.01, Subd. 3, the following statutes and rules may be used as reference for this type of inspection. MS 31.04 Inspection Authority - In order to avoid any criticism, all inspections of the interior parts of vending machines must be done in the presence of the vendinq machine owner or his/her representative. 1, 2 and 3. MS 31.121 Food Adulteration - product held under conditions whereby it may become contaminated. MS 31.161 Food; Insanitary conditions prohibited MS 31.165 Removal of insanitary conditions 4. Temperature Requireaents Rule 1545.0240 for hot. Rule 1550.0970 Rule 1550.1310 Meat Products: 40° F. or lower for cold and 150° F. or higher Frozen Food: 0° F. or lower Dairy Products: 45° F. or lower Perishable Bakery Products: 45° F. or lower These temperatures will cover most products sold in vending machines. GMP, Part 110 says temperatures must be adequate for good public health purposes. We will go with 45° F. or lower and 150° F. or higher for any perishable products not covered above. � 3F Food and Beverage Vending Machine Inspection Procedures Page Z 5. Operation of Temperature Sensing Device. Temperature controls and dispensing of perishable foods: In most modern vending machines, there is a so-called 'health code cut-off'. 7h�s dev�ce is designed to cut off the machine so it will not dispense perishable foods should the storage compartment warm up to above 50° F. in coid machines or cool down in hot machines below 150° F. A rapid test to determine whether or not the machine will cut off at the appropriate time can be accomplished by grasping in the hand the sensing bulb of this device. Within a short time the machine's "sold out" light should come on or the vending relay should click "off". If the sensing bulb is in a cold wa11 or is otherwise inaccessible, the only test is to allow the storage compartment to warm up above 50° F. in cold machines or in hot machines to cool below 150° F. 6. Prevention of Copper Poisoning in Post-Mix Beverage Machines: All inspections of post-mix beverage vending machines should include an inspectton of the component parts of the carbonation and ca�bonation dispensing devices to be assured that no copper tubing is present. Post-mix beverage vending machines should be equipped with two check valves or a double check valve; or an air gap; or a device to vent the CO2 to the atmosphere in order to prevent the contact of carbonated water with copper tubing or parts which could res�lt in copper poisoning. The car4onator should not be made of copper and it should be made of acid resistant, non-toxic metal. Water filters and water conditioning devices should not use a copper container. Note: We do not have specific equipment construction standards or requirements for vending machines. The provisions of this memorandum with respect to special construction to prevent copper poisoning and the use of temperature control cut-offs are to be �tilized only as a guide in inspections and sampling and not as a requirement. However, inasmuch as these recommendations are consistent with N.S.F., N.A.M.A. and U.S.P.H.S. Standards, we may certainly recommend them to vending machine operators even though they are not required. 7. Label Rule 1550.0040 Contents of Label Rule 1550.0160 Name and address of manufacturer or distributor Rule 1550.0420 Net weight MS 31.103 (and) Fair Package and Label Act 21 CFR Parts 1 to 199 8. MS 28A.04 License Required MS 28A.09, Subd. 2 Identification of Vending Machine 9. Rule 1550.0930 Delivery of Food 10 . Sa�l i ng of Products Bever_ a9es: from the pre-mix or post-mix machine, obtain an 8 oz. sample and run bacteria, yeast, mold, coliforms Prepackaged products: Sampie for label violation, bact. analysis, (staph and salmonella on products that are susceptible to these types of organisms), filth, if observations indicate possible contamination, insects, rodents, etc. Contact Mr. Virgel J. Zilles, Labels and Standards Examiner, Food Inspection Division, if you have a question. CALL TO ORDER: CITY OF FRIDLEY PLAN"IING CON�IISSION MEETING, FEBRUARY 25, 19$7 � Chairperson Billings called the February 25, 1987, Planning Commission meeting to order at 7:32 p.m. ROLL CALL: Menbers Present: Steve aillings, Dave Kondrick, Sue Sherek, Donald Betzold, Dale Thompson, Bruce Bondow Menbers Absent: None Otliers Present: Jim Robinson, Planning Coordinator Jock Robertson, Community Development Director Duane LJaldoch, 1655 - 75th Ave. tJ.E. Debra K, Page, 4200 IDS Center, ��1pls. Olga Palmer, 1329 Gardena Ave. Gay Minear, 1291 Gardena Ave. Helfride Manning, 1315 Hillcrest Dr. APPROVAL OF FEBRUARY 11, 19�37, PLAP�NING COMMISSION MINUTES: MO?'ION BY MR. KONDRICK� SF.CONDED BY MS. SHEREK� TO APPROVF, THF. FEB. 11, 1987, PLANNING COMMISSION MINUTES AS GIRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. TA[3LEQ 2/11/87: PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PER�1IT SP #.87-01 BY EDWARD AND ROSE tJALDOCH: er Section 205. 3. , C, 9, of t e Fridley City Code to alloa� exterior storagP of materials and equipment on the east 125 feet of Lot 18, Rlock 2, Central View ��anor, the same being 7340 Central Avenue t�.E. MOTION BY MR. KONDRICK, SECONDED BY MR. BETZOLD� TO REMOVE THE ITEM FROM THE TABLE. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION BY MR. KONDRICK, SECONDED BY MS. SHEREK, Z+O REOPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE PUBLIC HEARING REOPENED AT 7:34 P.M. 0 � . . � PLANNIi1G COM4ISSION MEETING, FEBRUARY 25, 1987 PAGE 2 Mr. Robinson stated that, as stated at the last meeting, the property was located west of Old Central between 73rd Ave. and 73Z Ave. The zoning was C-1. There was presently three uses for the property: single family home, a repair garage, and storage for a lawn repair & equipment business. Mr. Robinson stated Staff has proposed a number of imnravements for the property. He reviewed the stipulations recommended by Staff: 1. Provide an 8 ft. high solid wood screening fence as per City plan dated Feb. 11, 1987, by May 15, 1987. 2. All materials to be stored inside the fenced storage area belovi the top of the fence by May 15, 1987. 3. Install landscaping as per City plan dated Feb. 11, 1987, to include edging, mulch, weed barrier, and lawn sprinkling by June 15, 1987. 4. Sod boulevard areas along Central Avenue, 73rd Avenue, and 732 Avenue, as per City plan dated Feb. 11, 1987, by June 15, 1987. 5. Repaint building facade and trim by June 15, 1987. 6. Provide 6 inch concrete curbing as per City plan dated Feb. 11, 1987, by June 15, 1987. 7. Remove concrete island from parking lot by June 15, 1987. 8. Repave and stripe parking lot and driveways by September 15, 1937. 9. Provide a performance bond or a letter of credit in the arwunt of $5,OQ0 to cover all of the above stipulations prior to Council approval. 10. Parking or storage of street inoperable and/or unlicensed vehicles is prohibited. 11. Parking of vehicles within street right-of-ways is prohibited - violators will be tagged and/or towed within ten days. Date of possible action is Feb. 23, 1987. 12. No sales or leasing of vehicles is or will be permitted on this site. 13. Special Use Permit SP #87-01 for outside storage for la�an care operation only and is intendsd�for present owners only and is not transferrable to future owners. 14. Special Use Permit to be reviewed in six months. Ms. Sherek asked if Staff had met with the petitioner since the last Planning Commissian meeting. . � PLANNI��G COM�1ISSION MEETING, FEBRUARY 25, 1987 PAGE 3 Mr. Robinson stated the petitioner and his legal counsel did cfiscuss the proposal with City Staff the previous Friday. He believed the petitioner and his legal counsel had some suggestions to the stipulations and the plan which they would like to present to the Commission. Ms. Debra Page stated she was an attorney representing �1r. t,laldoch regarding this special use permit. She stated she had met with Mr. Robinson and several members of City Staff the previous Friday to discuss a few of the problems they are encountering with the site plan, and they did talk about a few amendments to the site plan at that time. Since that meeting, the petitioner has had some other concerns. Ms. Page stated it was her understanding that at the last meeting, there was some discussion that the six parking stalls proposed by Staff be extended to include two additionai stalls. In the meeting with P�r. Robinson on-Friday, Mr. Robinson had said they could probably extend that to three additional stalls for a total of nine parking stalls. Ms. Page stated another item discussed with Staff was to run a fence alongside the commercial building on the northwest side north to the property line so it would match up with the existing fence for Sam's Repair Shop in order to make the storage area more usable for her client. Ms. Page stated Mr. Robinson had suggested the elimination of some curbing at the last Planning Commission meeting also. Ms. Page stated the last item discussed with Staff was allowing the storage area for the lawn maintenance vehicles to be used for more than just the lawn maintenance vehicles. She stated she understood the City Council would have the final decision on this, but she would request that the Planning Commission makes its reco►nmendation to allow that area to be used for the use of vehicles which might be under repair from Sam's Repair Shop. She stated she did not want to get involved with any licensing issues with the neighboring property, but if parking was going to be diminished in the front, there would need to be some additional space in the rear to park some of the vehicles that would be part of the commercial use in the repair shop. Ms. Page stated it was her understanding after their meeting on Friday that Staff did not have a problem with these particular items. Ms. Page stated that since the meeting, her client has had a chance to do a little more work on the property, and one of the problems they have was that when the parking was brought to the property line and taken off the County right-of-way, there was not sufficient space between either the garage and the edge of the parking or the entrance way to the fenced area to allow turn-around space for the lawn maintenance vehicles. Because that space was not sufficient enough for her client's use, she had taken the liberty of contacting the Anoka County Attorney's Office about the possibility of acquiring a license to expand the parking area onto the County right-of-way. She stated the County Attorney's Office was not able to find out before this Planning Commission meeting whether or not a license would be availabie. 4C PLANNItJG COM�1ISSION t1EETING, FEBRUARY 25, 1987 PAGE 4 Ms. Page stated that if they were to get a license from the County to park on County right-of-way, they would request that the parking be expanded an additional 12-13 feet to allow sufficient use of the driveway for tbe parking of her client's l�awn maintenance equipment and also any commercial use of getting into the garage. Ms. Page stated Dan Clint of the County Attorney's Office was the attorney who was following up on this matter. She hoped to have a more definite answer by Thursday or Friday. As she understood it, the issue that was holding up the decision on the license was the County wanted to make sure there wPre no limitations or other restrictions they`might want to put on that license. Ms. Page stated that if the County turns dovrn iheir request for a license for parking on County right-of-way, the special use permit then does not do her client any good because they cannot use the property under the limitations being put on it. She stated her client does want to be able to conform and make improvements, but the problem was if they are applying for a special use permit that effectively prohibits the use (storage of materials and equipment for the la►�un repair business), then it would be her recommendation to t�r. Waldoch that he withdraw the special use permit application. Ms. Page stated her client's second request was that they be allowed to pave tf�e area west of the easterly driveway (north of Sam's Repair Shop) to allow mo�iement through there and for access to the back area. Mr. Waldoch stated the reason for that was when there are cars that have to be repaired and have to be stored in the back and have to be pushed to the back area, they have to go out on the main street to get access to the back. Also, with the little hill and with snow and ice, it would be pretty hard to do in the wintertime. He was just looking for some flat ground to that back area whicfi would be more convenient and would cause less problems for getting cars from the parking area in front to the back area. Ms. Sherek stated she lived in this neighborhood, and there was a lot of traffic congestion on 732 Ave. during the day. Pushing disabled cars around would certainly makes thi�ngs worse. Ms. Page stated the existing fence was 6 ft. high, and Staff was requesting an 8 ft. fence. lJas there a reason for the 2 ft. increase? Mr. Robinson stated some of the trucks are far in excess of 6 ft., especially the piggyback trucks with cars on the top. Ms. Page stated regarding stipulation #8, was it necessary to repave the whole parking lot and driveways, or could they just repair and sealcoat those areas that needed it? This was strictly a financial concern. Mr. Robinson stated it would depend on the condition of the driveways and parking lot. Whatever was reasonable and functional, and that could be determined by the city engineers. . � P�ANNING COMMISSION ��EETING, FEBRUARY 25, 1987 PAGE 5 Mr. Waldoch stated that the distance between the commercial garage and the parking area as proposed by Staff was 22 ft. He stated that with a 22 ft. full-sized car parked in the parking area, access into and out of the commer- cial garage was very difficult. Mr. Robinson suggested that Mr. Waldoch swap storage areas with Sam's Repair Shop, so that Mr. Waldoch could use the 732 Ave, entrance to get his lawn maintenance vehicles to the small garage in the back. Mr. Waldoch stated if that was done, he would not have a lawn maintenance business, because the repair of lawn equipment, etc., was done in the small garage and access to the small garage was to the west. Mr. Waldoch presented a landscaping design he had put together that he thought was feasible for the property. Mr. Robinson stated tliat if the County allowed the license for parking on the right-of-way, it would be setting a preced�nt for other businesses that would like to use the boulevard for parking. Right now it was being done and it has been overlooked in the past, but he did not think the City wanted to condone such an action. He sympathized with some of the problems the petitioner was having, but he felt the main problem ster�ned from the fact that the petitioner was trying to do too much with the property. He was not sure if that was the City's hardship and whether the City should accommodate him beyond what were reasonable and allowable solutions. Ms. Sherek stated she still felt they were looking at this from the wrong angle. She stated Sam has got junk all over that piece of property. The City Council has said that Sam is not allowed to have junk there. Right now there are two flatbed trucks with junk car parts on the�, one has been there since last Saturday and one for at least two weeks, and junk car parts out on property that his license says he cannot use for his junk business. There was also a to�� truck parked there, which could be argued that it Could be for either business. But, she felt that instead of taki'ng a lot of time discussinq this with t1r. Waldoch and Ms. Page, this whole thing should be before the City Council where Sam is violating his license with the City. Mr. Kondrick stated that was true, but he also agreed with Mr. Robinson that tl�ere was too much going on on this piece of property. Mr. Waldoch stated he did not feelthey were overusing the property, P�r. Billings stated he would like to express his displeasure over the fact that the petitioner and his legal counsel were coming before the Planninq Commission with all these new ideas. At the last meetinq, he had indicated to t•1r. Waldoch that he should get together with his attorney right away and then meet with City Staff as soon as possible to negotiate and come back to the Planning Commission with a pretty much agreed-upon plan. As he under- stood it, the petitioner and his attorney did not get together with Staff until last Friday, and then that did not allow enough time to get the things L�L PLANNI��G COPIF4ISSION MEETING, FEBRUARY 25, 1987 PAGE 6 done that needed to be done before the Planning Commission meeting. Now, the petitioner was at the meeting with a proposal that was contingent upon sor�e outside sources. He did not want to see this special use permit request dragged on any further, but he did not know if the Planning Cor�mission would be able to resolve anything a t this meeting. Ms. Page apologi�ed f�� any delay they have caused the Commission. Since the meeting on Friday with City Staff, they have been trying to work within what Staff had given them, and she had then initiated contacts with the County Attorney's Office. She assured the Commission members she felt they have now flushed out all the issues, and it was simply a matter of putting them together. She did not think they could have moved any faster than they did. Any recommendation from the Cor�mission would have to be contingent upon wait- ing to hear from the County on whether or not they can get the license. Mr. Billings suggested the small garage be moved so that access from the garage was to the north instead of to the east. fie stated the two biggest probler�s seemed to be: (1) pulling out of the canmercial garage with a full- sized vehicle and trying to make the turn into the drivewa�; and (2) bacl:ing vel�icles into the storage area to the small garage. Ne stated right now they are looking at the site as it exists and trying to see how they can make it all work within the confines of the site as it now exists, as opposed to trying to enlarge the site to make it work. Mr. Billings stated he did not want it misconstrued that if the City does issue a special use permit for outdoor storage for lawn equipment that ihey are endorsing the outdoor storage of vehicles for the junk yard. Ms. Page stated when they riet with Staff on Friday, they were in agreement with whatever definition was needed in the special use permit to distinguish between the junk cars and the repair garage. Mr. Robinson suggested they leave the first three diagonal spaces and after that point go to a para71e1 parking situation where they could fit in four more stalls for a total of seven stalls. That would give the petitioner about 30 ft. of width for truck and trailers to come back into the storage area. The gate to that storage area could be made as wide as the petitioner needed. The only problem with this suggestion, of course, was the petitioner would not get nine stalls, but he would get one more than was originally suggested by Staff which was six stalls. Mr. Waldoch stated that plan sounded feasible. Mr. Billings stated he did have some philosophical problems with receiving a license from the County for parking on the right-of-way. It was a policy the City has not had in the past, and he thought it was a policy that would require quite a bit of discussion and thought, especially on his part, before a decision could be made. It could be setting a very dangerous precedent for otl�er business owners in similar situations. 4F PLANNIIJG COM�IISSION PIEETING, FEBRUARY 25, 1987 PAGE 7 Ms. Sherek stated the petitioner should keep in mind that if the right-of- way ended at the curb line of Old Central, the required setback would be 20 ft., so to request 12-13 ft. in a license from the County, the petitioner was requesting not only to use the right-of-way which was a variance in and of itself, but was requesting to park closer to the curbline than the allowed setback require�ents. She suggested the petitioner give sone serious thought to ��r. Billings' suggestion that he check into the possibility of using the area behind the comrnercial garage as a way to back into the smaller garage, whether it meant turning the garage, putting up a poleshed instead of the garage, or whatever. She wouid also suggest that a fence be run from the southwest end of the commercial garage, south to the existing fence line. The la�vn service business could use the storage area west of the commercial business, and Sam could use the storage area south of the corrnner- cial building. Mr. Waldoch stated the storage area behind the commercial buildina was approximately 3,750 sq. ft. while the area south of the commercial building was only about 1,750 sq. ft. Sam wouid have less storage area, and that could affect things in terms of rent. Mr. Billings stated that in looking at one of the alternatives the petitioner had requested that a�fence be installed from the northwest corner of the co�mercial building north to the property line and then paving that entire area, he thought that was something that might be feasible. But, if the south side of the commercial building was utilized for storage by Sam instead of the back area (as suggested by Ms. Sherek), then the cars could be moved into there from the parking lot and front driveway and the paved area to the north would not be needed, leaving more�green space. Mr. Robinson stated the Commission and Staff have explored several feasible solutions for the site, and he thought it was time for the Commission to mal;e some recommendations. MOTION BY MR. KONDRICK, SECONDED BY 1dR. BETZOLD, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE PUBLIC HEARING CLOSED AT 8:36 P.M. Mr. Betzold stated that regarding the issue about the County right-of-way and whether or not they should approve the use of County right-of-way for parking if the County would approve a license, he did not think he could go along with that. They have done a pretty good job in the City in cleaning up some of these areas in the last few years, and approving the use of County right-of-way for parking would be a step backward.� As �vas indicated by P1r. Robinson, there was sure to be a lot�of other businesses that were going to come in requesting the very same thing. He felt legally the City would be on pretty solid ground if they said "no" to allowing use of the right-of-way. He would recommend a stipulation that the City Council deny the use of the right-of-way for parking. 4G PLANNItaG C��1t�ISSION MEETING, FEBRUARY 25, 1987 - PAGE 8 Mr. Thompson agreed. He stated he did not think the City should allow the petitioner to park on County right-of-way. The Staff has already conpromised in allowing the petitioner to park right up to the property line. Ms. Sherek agreed also. She looked at the American Legion Club right across the street as a good example of another business that needed additional parking and would love to be able to push its parking closer to the street. The aim of the City has been to buffer parking lots from the street with landscaping, and this would definitely be a step backtiards. Mr. Kondrick agreed also. He felt a number of things could be done with the property, both for the tenant and for the petitioner. But, to go any further than what was recomr�ended would be a step backwards and would be setting a precedent. t�1r. Billings asked about the additional stalls on the east side. Mr. Kondrick stated he thought Mr. Robinson's suggestion about the three �iiagonal and four parallel stalls was a reasonable alternative. However, he would offer another suggestion and that was to change it around and put four parallel stalls on the north and then three diagonal. That would leave more room for maneuvering cars in and out of the commercial garage into the parking lot. Mr. 8i�lings stated he would recommend they add up to 30 additional feet for parking along the right-of-way line with the striping to be approved by Staff. MOTION BY MR. KONDRICK, SECONDED BY MS. SHEREK, TO RECOMMEND TO CITY COUNCIL APPROVAL OF SPECIAL USE PERMIT, SP #87-01, BY EDWARD AND ROSE WALDOCH� PER SECTIDN 205.13.1, C, 9, OF THE FRIDLEY CITY CODE TO ALLOW EXTERIOR STORAGE OF MATERIALS AND EQUIPMENT ON THE EAST 125 FEET OF LOT 18, BLOCK 2, CENTRAL VIEW MANOR, THE SAME BEING 7340 CENTRAL AVENUE N.E. SUBJECT TO THE AMENDED SITE PLAN AS OUTLTNED BY STAFF AND SUBJ�.'CT ?'O TNE FOLLOWING STIPULATIONS: 1. PROVIDE AN 8 FT. HIGH SOLID WOOD SCREENING FENCE AS PEP. CITY PLAN DATED FEB. I1, 1987,AND AMENDED BY PLANNING COMMISSION, BY MAY 15, 1987. 2. ALL MATERIALS TO BE STORED INSIDE THE FENCED STORAGE ARE BELOW THE TOP OF THE FENCE BY MAY 15, 1987. 3. INSTALL LANDSCAPING AS PER CITY PLAN DATED FEB. 11, 1987, '('O INCLUDE EDGING, MULCH, WEED BARRZER, AND LAWN SPRINKLING BY JUNE 15, 1987. 4, SOD BOULEVARD AREAS ALONG CENTRAL AVENUE, 73RD AVENUE AND 73� AVENUE AS PER CITY PLAN DATED FEB. 1I, 1987, BY JUNE Z5, 1987. 5. REPAINT BUILDING FACADE AND TRIM BY JUNE 15, 1987. 6. PROVIDE 6 INCH CONCRETE CURBING AS PER CITY PLAN DATED FEB. 11, 1987, AND AMENDED BY PLANNING COMMISSION, BY JUNE I5, 1987. 7. REMOVE CONCRETE ISLAND FROM PARKING LOT BY JUNE 15, 1987. 8. REFURBISH PARKING LOT AND DRIVEWAYS TO CITY ENGINEERS� SPECIFICATIONS AND STRIPE PARKING LOT WITHIN THE PRIVATE PROPERTY OUT OF TXE COi1NTY RIGHT-OF-WAY BY SEPT. I5, 1987. 4H PLANNI�JG COh1P1ISSI0tJ MEETING, FEBRUARY 25, 1987 PAGE 9 9. PROVIDE A PERFORMANCE BOND OR A LETTER OF CREDIT IN THE AMOUNT OF $5,000 TO COVER ALL OF THE ABOVE STIPULATIONS PRIOR TO COUNCIL APPROVAL. 10. PARKING OR STORAGE OF STREET INOPERAHLE AND/OR UNLICENSED VEHICLES IS PROHIBITED. 11. PARKING OF VEHICLES WITHIN STREET RIG'HT-OF-WAYS IS PROHIBITED - VIOLATORS FIILL BE TAGGED AND/OR TOWED. 12. NO SALES OR LEASING OF VEHICLES IS OR WILL BE PERMITTED ON TNIS SITE. 13. SPECIAL USE PERMIT, SP i87-01, FOR OUTSIDE STORAGE FOR LAWN CARE OPERATION ONLY AND IS INTENDED FOR PRESENT OWNERS ONLY AND IS NOT TRANSFERRABLE TO FUTURF. OWNERS. I4. SPECIAL USE PERMIT TO BE REVIEWED IN SIX 1�ONTHS. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINCS DECLARED THE I�OTION CARRIED UNANIMOUSLY. Mr. Billings stated this iter� would go to City Council on P1arch 9. 2. PUBLIC HEARING: COP�SIDERATION OF AN ORDINANCE RECODIFYING CHAPTFR 205 OF THC FRIDLEY I Y C DE S I E ES 0 D PS ER C S S, C RE I IC P I G, CHURC ES, G G SE B KS: MOTIDN BY MS. SHEREK, SECONDED BY MR. B�TZOLD, TO OPEN TXE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE PUBLIC HEARING OPEN AT 9:09 P.M. Mr. Robinson stated these ordinance changes had been discussed previously by the Planning Co►nmission. N�w, it was required that the Planning Commission have a public hearing and recommend to City Council these amendments to the City Code. , Mr, Robinson reviewed with the Commission the revisions to the ordinance. MOTION BY MS. SHEREK, SECONDED BY MR. KONDRICK, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THF. PUBLIC HEARING CIASED AT 9:15 P.M. MOTION BY MS. SNEREK, SECONDED BY MR. KONDRICK, TO RECOMMEND TD CITY COUNCIL THE ADOPTION OF APl ORDINANCE RECODIFYING CHAPTER 205 OF THE FRIDLEY CITY CODE AS IT RELATES TO DUMPSTER ENCLOSURES, HEALTH CARE CLINIC PARKING, CHURCHES, AND GARAGE SETBACKS. � UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARF•D THE MOTION CARRIED UNANIMOUSLY. 41 PLANNING COMP1ISSION P1EETING� FEBRUARY 25, 1987 PAGE 10 3. CO�JSIDERATIOtJ OF ALTERIP�G THE PLANNIP�G COMh1ISSI0N AGENDA SCHEDUIE TO INCLUDE � Mr. Robinson stated that in the agenda was a memo he had written to the Planning Cormission members and City Council members dated Feb. 11, 1987, which recommended to the City Council that the Planning Commission be authorized to establish bi-monthly meetings at which time they would discuss long range planning activities. The memo further estabZished the framework whereby the Cormission could address really pertinent issues facing the City and set goals, identify solutions, and develop a workplan. MOTION BY MR. KONDRICK, SECONDED BY MR. BETZOLD, THAT THE PLANNING COMMISSION CHAIRPERSON PRESENT THE MEMO DATED FEB. 11, 1987, FROM�JIM ROBINSON, REGARDING "PLANNING COMMISSION GOAL SETTING" TO THE CITY COUNCIL MEMBERS AT THEIR CONFERENCE MEETING ON ,MARCH 30� 1987. UPON A VOICE VOTE, ALL VOTING AYE, CNAIRPERSON BILLTNGS DECLARED TAE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE JANUARY. 8, 19i37, NOUSIP�G & REDEVELOP�IENT AUTHORITY P1INUTES: MOTION BY MR. KONDRICK, SECONDED BY MS. SHEREK, TO RECENE THE JAN. 8, 1987, HOUSING & REDEVELOPMENT AUTHORITY MINi1TES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTIDN CARRIED UNANIMOUSLY. 5. RECEIVE FEBRUARY 17, 1987, APPEALS C4PIMISSION MINUTES: MOTIDI�F BY MR. BETZOLD, SECONDED BY MR. KONDRICK, TO RECEIVE THE FEB. 17, 1987, APPEAZS COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTIOI� CARRIED UNANIMOUSLY. 6. OTfiER BUSINESS: Mr. Bandow reported that the Community Energy Council Grant Application the City submitted has been approved. It will cover residential energy code compliance and education as well as some recycling in the amount of �15,000. ADJOURP�P�ENT: MOTION BY 11R. KONDRICK, SECONDED BY MR. BONDUW, TO ADJOURN THE VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE PLANNING COMMISSION MEETING ADJOURNED AT 9:45 P.M. Re�pectfu77y submitted, � Ly n Saba Recording Secretary MEETING. UPON A FEB. 25, 1987, . ����,, � C� � � � .�� �z� a-��, � � �'� __.�- � �; _ �,� ��4�.�.� �-=-���F � �a�c u ; ��(" �' � �, �_�,�J � .% �' �, �.%:z � /���c: y�u� �� ; / � '� ' ����i , � � ������ ,: � , /4%� h ' S5 7� /� L- �� i.� � �` �� U�E� .� OS ��`�.: i c� /'�l ��� S . �, � , � ;,;. 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X �� � 0 x 11�►M�MCr'C �o�I {Jrl�\�11y�� c�3�o ce.��,��.� A�,� �aiw� �1ct a..� Tt;,rw X Ne,.,� F.�. 4.�d b..�a --� x X Ex, y�; �� Il; 1� I Sol-.c� t,u� � fs.v��c.¢, x X X � /e� � � d a- � �n IHI � � � � � I I ��� ��i� c� s � ,� � � � � � d 6 � � Nc� L4� sP #s�-oi � 4 L Ed & Rose P7aldoch �� . .., > . � �. � � rr -.,ti,s- , i � � � c 4 � . — ; ,.� ; � ,� � v -�''�/�` � \.J ^� CG ' � � o � � � 2 _ _ ` ly � � ��� . � �� I , �- r r �,j l �-, - `�, , ^ `-�..�,�._r '.� � �� � SITE MAP �3 � �Y���►t � a����'y���.=�� _��r D��¢:2�uTt't Re�iy�n1. 3I3i87 �� ���� : ��. � ��� . ,: , ST i FI�AT IONS 1. PRO'V I DE A 8' H I(�i SCL I D WOOD SCREEN I NG FENCE AS PER C I lY PLAN AMENDED BY PLANN I NG C�11 SS I ON ON FEBRUARY 25, 1�7 BY IW�Y 15. �987 . 2. /�LL MATERIALS TO BE STORED INS(DE THE FENCED STORAGE AREA BELOW THE TOP OF THE FENCE BY MAY 15, 1987, 3. INSTALL LANDSCAPING AS PER CI1Y PLAN DATED rEBRUARY 11. 1987 TO INCLUDE EDG I NG, t�.LCH. WEED BARR I ER AND LAWN SPR i Nfa. I NG BY �kJNE � 5. 1987 . 4. SOD BOI�EVARD AREAS ALONG L�NTRAL AVENUE. 73RD AVENUE AND 73 1/2 AVENUE AS �R C 1 rY �.�w aa7ED FEeRU,a�Y 11. 19�7 BY Jur� 15, 1987 . 5, f�PAINT BUILDING FACADE AND 7RIM BY �kJNE 15. 1987. 6. PROVIDE 6" CONCRETE CURBING AS PER CITY PLAN AMENDED BY PLANNING CCNM I SS I ON ON FEBRUARY 25. 1987 BY �VE 15, �987 . 7. RE1�t0VE CONCRETE I SLAND F KCM PARK I NG LOT BY .1UNE � 5, 1987 , 8. REFURBISH PARKING LOT AS PER CITY ENGINEER SPECIFICATIONS AND STRIPE SEVEN i7) STALLS WITHIN PRIVATE PROPERTY SEPTB�IBER 15. 1987. 9. PROVIDE A PERFOf�NCE BOND OR A LETTER OF CREDIT IN 1NE AMOUNT OF $5.000 TO COVER ALL OF THE ABOVE STIPl1.ATI0NS PRIOR TO COUNCIL APPRaVAL. 10. PAf�C I NG AREA I S FOR STORAGE OF STREET OPERABLE AI�/OR L I CENSED VEH I CLES OrLY. iNbDIFIED BY STAFF ON MARCH 5. 1987) 11. PARKING OF VENICLES WITHIN STREET RIC�iT OF WAYS IS PROHIBITED - VICLATORS WlLL BE TAGGED AND/OR T(�JED. 12. NO SALES OR LEASING � VEHICLES IS OR WILL BE PERMITTED ON 1NIS SITE. 13. SPEClAL USE PERMIT SP �7-$1 FOR OUfSIDE STORAC� FOR LAWN CARE OPERATION ON_.Y AND I S I NTENDED FOR PRESENT CWPERS ON_.Y AND I S NOT TRANSFERRABLE TO FUTURE Q�J�ERS. 14. SPEC ( AL USE PERM ( i TO BE REV ( EWED I N S I X MON7'HS. 4M e PUBLIC HEARII� BEFORE 7�iE QTY QOUNQL 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 Monday, March 23, 1987 in the Cotmcil Chamber at 7:30 p.m. for the purpose of : Consicieration of an Ordinanoe revodifying Chapter 205 of the Fridley City Code as it relates to 6umpster enclosures, health care clinic parking, churches and garage setbacks. Any and all persons desiring to be heard shall be given an o�iportunity at the above stated time and plaoe. Publish: March 9, 1987 March 16, 1987 WILLIAM J. 1�E MAYOR 4N CITY OF FRIDLEY CATV ADVISORY COIR�ISSION t1EETING, FEBRUARY 19, 1987 5 CALL T4 ORDER: Chairperson Peterson called the February 19, 1987, CATV Advisory Comnission meeting to order at 1:40 p.m. ROLL CALL: Mer�bers Present: Duane Peterson, Barbara Hughes, Ralph Stouffer, Ed Kaspszak Menbers Absent: 6urt Weaver Otliers Present : Clyde t4oravetz, Ci ty of Fri dl ey �1ark Harm�erstrom, Nortel Cable Gary tlatz, Herbst & Thue Mark Neumann-Scott, ACCIJ APPROVAL OF NOVEME3ER 20, 1986, CATV AOVISORY COMt�ISSION ��1INUTES: F1s.� Hughes stated that on page 6, second paragraph from the bottom, line 2, the word "expand" should be changed to "expend". MOTION BY 1�15. NUGHES, SECONDED BY AlR. KASPSZAK, TO APPROVE THE NOV. 20, I986, CATV ADVISORY COPIMISSION MINUTES AS AMENDED. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERS011► PETERSON DECLARED THE MOTIDI� CARRIED UNANIMOUSLY. Mr. ��loravetz introduced �1ark Hamr�erstrom, the new Assistant Manager for Nortel Cable replacing Chris Wegemer, who accepted a jo6 with Hauser as Director of Operations. APPROVAL OF AGENDA: The following changes were made to the agenda: RFP and Draft Ordinance for Discussion - Amended Item l.a. Feb. , 98 , Correspondence - Item 3.f. MO'!'ION BY MS. HUGHES, SECONDED BY MR. KASPSZAK, TO APPROVE THE AGENDA AS AMENDED. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON PETERSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. COtiTINUE DISCUSSION REGARDING CABLE FRANCHISE P.E��EtJAL: a. Status of School District Reoort and Request Mr. Kaspszak stated the report spoke for itself. He would sugges* the Commission go along with t4r. t4atz' suggestion for Option 1 and that was 5A CATV ADVISORY COMMISSION MEETING, FEBRUARY 19, 1987 PAGE 2 to attach the school report to the RFP and include in the RFP a question requesting Nortel to respond to the District report with a specific proposal. Mr. Kaspszak stated some criticism has been made that the School Report lacked technical requests. For the School District to provide that kind of information, they would have had to hire someone with technical capabilities and for some reason the School District decided not to do that. MOTION BY MR. KASPSZAK� SECONDED BY MS. NUGHES, TO RECBIVE TKE SCXOOL DISTRICT NO. 14 REPORT AND TO THANK TXE SCNOOL DISTRICT FOR GETTING TXIS REPORT TO THE COMMISSION IN A TIMELY MANNER. UPON A VOICE VOTE, ALL VOTING AYE, CXAIRPERSON PETERSON DECLARED TNE MOTION CARRIED UNANIMDUSLY. Mr. Kaspszak stated Staff should write a letter to Dr. Rens thanking him for the report and telling him exactly what the Commission was going to do with the proposal. MOTIDN BY MR. KASPSZAK, SECONDED BY MS. HUGHES, Z10 ATTACH THE SCHOOL DISTRICT ND. 14 REPORT T�0 THE RFP AND INCLUDE IN THE RFP A QUESTION REQUESTING NORTEL CABLE TO RESPOND TO THE DISTRICT REPORT WITN A SPECIFIC PROPOSAL. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSQN PETERSON DECLARF.D THE MOTION CARRIED UNANIMOUSLY. b. RFP and Draft Ordinance for Discussion Mr. Ploravetz stated some modifications had been made to the ordinance. A Preamble not presently in the ordinance would be added. There were a number of areas that were left to be completed and those would take place after the negotiations. Mr. Kaspszak asked if the current ordinance provided that the Company had to go to the City for approval of a channel change or could they do that unilaterally? Mr. Moravetz stated the Company was to notify the City on any changes prior to the change being made, but he did not think it necessarily required city approval. Mr. Kaspszak stated as far as changing channels, with all due respect to Nortel management, he did not think that was a good move. He would like to see a hearing every time �a channel change was made, and he would like that included as part of the RFP. His biggest frustration was trying to figure out what channel he was on and where his prograr►rnin� was. � CATV ADVIS4RY COP1MISSION MEETIPJG, FEBRUARY 19L 1987 PAGE 3 Mr. Stouffer stated he was no so sure he wanted that included as part of the RFP. He suggested that they delay �urther discussion on the RFP and the revised Franchise Renewal Schedule until later in the aqenda. 2. CONTINUE DISCUSSION ON POSSIBLE SUBSCRIBER (USER) FEE TO SUPPLEMENT ACCESS PROGRA�1MING FUNDS: Mr. Kaspszak stated he had talked to Gary Matz about a user fee. Mr., Matz had indicated there was a precedent for that as it was now being done in the Northwest Suburbs. He stated he would like to include a possible user fee as an addition to the RFP, Ms. Nughes stated her major problem with t1r. Kaspszak's suggestion was what it does to the overall cost of cable and basic services. She was very reluctant to suggest it. Mr. Kaspszak stated he was not asking the Cor�mission to approve it carte blanche, but before they say yes or no, he would like to have Staff take the money that was needed by the City and figure out what Mr. Hunt needed to run the operation. 7hen divide that by the average number of subscribers for the last 2-3 years. If they were to attach a user fee, what were they talking about in money per subscriber? He agreed with Ms. Hughes that if it was too much, it was probably out of the question. t9r. Kaspszak stated the rationale behind this was that as long as they have the current system working between the City and Channel 12, those two parties are going to compete with each other and essentially fight with each other. So, this was an attempt to once and forever put that behind them. He was also open to other suggestions at the tirte of the franchise renewal of other ways to alleviate this conflict. Ms. Hughes stated she was not so sure they shouldn't keep some of the tension between those two parties. If they make it too easy, neither one of them is going to do a good job. Mr. Kaspszak asked Mr. Matz about how this user fee worked in the Northwest Suburbs. Mr. Matz stated that in the Northwest Suburbs, the arrangement was that the cable commission there, which was the franchising authority for those comnunities, continues to collect a 5% franchise fee. In addition to that, there was a monthly fee that began at 45�/month that was itemized on the sub-. scribers' bills. It began at 45Q/month about two years ago. There was an inflation factor built in so it increased periodically. That 45�/month per subscriber was then paid to a non-profit access corporation who was responsi- ble for local programming in the Northwest Suburbs. Mr. Matz stated that under the definition of a franchise fee in the Cable Act, that payment would probably be considered the franchise fee, and there was a cap of 5�. What has happened in the Northwest Suburbs was the cable operator essentially signed a document acknowledging that this 45Q/month could be construed as a franchise fee, but the cab7e operator would not assert, argue, 5C CATV ADVISORY C0�4MISSION MEETING, FEBRUARY 19, 1987 PAGE 4 or oppose anybody else's argu�ents that this was a franchise fee. It was also provided that if a court of law ever did find that to be a franchise fee and thus impact on the 5� the cor�nission was collecting, all the local programming responsibilities would then revert to the cable operator. Mr. Matz stated it was something that could be explored but there was that "catch" of whether it was or was not a franchise fee. He thought that under the Cable Act, it was relatively clear it was a franchise fee. Some operators might be willing to, in essence, waive any argument that it was a franchise fee in return for being relieved of any local programming commitments. Ms. Nughes stated what Mr.- Kaspszak was requestin� was for any kind of access-- school, public, etc., and was not tied to local origination as it was in the Northwest Suburbs. Mr. Matz stated the key to the franchise fee under the Cable Act was (1) it has to be money (cash); and (2) it has to be imposed by the franchising authority. If the ACCW, for example, or any other person or entity would qo out and negotiate an agreement with the cable operator wher.eby the cable operator would pay so much per subscriber, that was not a franchise fee. It was not imposed by the city. It would be negotiated between that third party and the cable operator. Mr. Kaspszak stated what he was reco�mending was that this be a contract between the city and the cable company, and that the revenue go directly into the subsidized Channel 13, the municipal channel. Ms. Hughes stated she struggled with the semantics of a user fee because there could be a lot of people out there paying that fee that do not use the municipal channel now and never will. Then, that put her into the position where she started calling it a franchise fee or a tax that no one has a choice on. It would be different if people co�ld voluntarily say yes, they would contribute to public access, but she knew that would not work. Ms. Hughes stated she was not arguing strongly that they should not put the user fee in as part of the RFP and make it an issue for discussian to see what kind of response they got from the cable company. Mr. Matz stated it was something the Commission could put into the RFP if they wanted to and see what the cable operator's response was. The point he was making was if they do that, they also have to keep in mind that there is the argument that it was a franchise fee and there was a cap of 5� and some cable operator will say they are not goinq to pay 5X plus 45d/month. Mr. Peterson stated he had done some quick calculations, and it looked like it would cost each subscriber at least 50�/month. He stated a user fee could cost the cable company in subscribers. Ms. Hughes asked how tenuous the 5� was, because she felt it was something they had to protect very carefully. As things have developed over the past ten years, there are more and more threats to the 5% and they probably should not do anything to make that any more tenuous. 5D CATU ADVISORY COPIMISSION MEETIt1G, FEBRUARY 19, 1987 PAGE 5 Mr. Matz stated Ms. Hughes was right. There were more and more challenges to the franchise fee. MOTION BY MR. KASPSZAK TO INCLUDE AS PART OF TXE RFP THE APPROPRIATE LANGUAGE TL� DESCRIBE A MONETARY COMMITMENT IN SUPPORT OF TXE GOVERNMENT ACCESS CHANNEL. Mr. t4atz stated one alternative would be to instruct the cable operator to discuss with the ACCW financial support for the ACCW in its proposal and report in its proposal the results of those discussions. That would promote this third party relationship and remove the franchise fee issue. The aiternative was to put the burden on the cable operator to go to the ACCW to try to get a support package. Mr. Kaspszak stated this could ultimately become a negotiable item. Mr. Matz stated that was true. Obvious.ly, if the cable operator was going to be making a commitment to the ACCtJ through some side arrangement, the cable operator presumably was getting something in return. THE MOTION DIED FOR LACK OF A SECOND. 3. DISCUSSION CONTINUEO ON RFP AND DRAFT ORDINANCE:(top of page 3� Ms. Hughes stated that in the RFP, page 1, Item I.S. stated: The City requires that Grantee shall, a� a r��p��+a�, cor.mit equipment after consultation and direction from City in support of public, educational, and government access the value of which shall equal the following: A. Year 1 $50,000 B. Year 5 50,000 C. Year 10 50,000 Ms. Hughes asked if those dollar figures could be increased to help sdlve some of the problem. Mr. Matz stated the reason the $50,000 figure was in there was that was what Storer Cab�e committed to as a minimum at the time of changing control with KKR. It was intended that the $50,000 figure would be a startin� point. Mr. Moravetz stated the words "at a minimum" had been deleted but should be left in the RFP. Mr. Matz stated page 6, Item 14.A, referenced the ACCW. He would recor�mend attaching the ACCW report to the RFP including a question asking the cab7e operator to respond to the report; and if necessary, report on discussions they have with the ACCIJ on coming up with access support. 5E CATV ADVISORY COMMISSION MEETING, FEaRUARY 19, 1987 PAGE 6 Ms. Hughes stated she thought they had designated in their access section of the franchise--public, educational, government, and �libr�ar access. If they had named all four accesses in the current franchise, s�e would like to amend Item 5 in the RFP to include library access. MOTION BY MS. HUGHES, SECONDED BY MR. STOUFFER, TO AMEND TXE RFP TO INCLUDE THE WORDS,"AT A MINIMUM", AND TO ADD "LIBRARY" IN ITEM 5� PAGE 1. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON PETERSON DECLARED THE MOTION CARRIED UNANIMOUSLY . Mr. Kaspszak stated he would like to see the dollar figures raised under Item 5 as he felt the figures were way too low, even as minimum dollar figures. Ne would suggest �50,000 be increased to $75,000 in all three years. Mr. Peterson stated he would like to see the money spread out, possibly every three years, especially when money is needed for equipment repair or replace- ment in the years between 1 and 5 and 10. Mr. Moravetz stated he wanted to reiterate what Mr. Matz had said that these were the minimum commitments made by Storer. They were not dealing with Storer anymore, but Nortel Cable. Mr. Matz siated the Canmission has emphasized to the representative of Nortel Cable that they were not comfortable with the $50,000 dollar figures. He thought they all knew that would end up as an item of negotiation between the City and the Company. The important thing was to get sor,iething to the cable operator so they can see what the Company's proposal was. Mr. Stouffer agreed with Mr. Kaspszak that the dollar figures needed to be increased. MOTION BY MR. STOUFFER, SECONDED BY MR. KASPSZAK, S'O AMEND THF. RFP TO CHANGE THE DOLLAR FIGURES UNDER ITEM 5� PAGE 1, AS f10LLOWS: S90,000 THE FIRST YF.AR AND $50,000 PER YEAR EVERY YEAR AFTER THAT FOR THE LIFE OF THF. FRANCHISE. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON PETERSON DECLARED THE MOTION CARRIED UNANIMOUSLY. • MOTION BY MR. STOUFFER,SECONDED BY MS. HUGHES, Z10 ATTACX TO THE RFP THE AUG. 5, 1986, ACCW Bi1SINESS PLAN, AND THE AUGUST 13, 1986, ACCW REPORT. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON PE:EF�'SON DECLARED THE MOTION CARRZED UP�ANIMOUSLY. Mr. P�1oravetz stated that since the two ACCIJ reports were being added to the RFP, perhaps iter�s 7 and 8 on page 2 should be deleted as they were some- what redundant to what was accomplished in the reports. 5F CATV ADVISORY COMMISSION MEETING, FEBRUARY 19, 1987 PAGE 7 MOTIDN BY MR. STOUFFER� SECONDED BY MS� XUGHES, TO ACCEPT TXE DRAFT RFp AS AMENDED AND GI VE STAFF THE AUTHORITY TO JNAKE ALL THE APPROPRIATE F,DIT�RIAL CHANGES AND ADD ALL APPROPRIATB DipCUMENTATION DEEMED NECESSARY TO PRESENT THE PACKAGE TD THE APPROPRIATE AUTHORITIES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON PETERSON DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION BY MR. STOUFFER, SECONDED BY 1NS. XUGHES� �0 RECEIVE THE REVISED FRANCHISE RENEWAL SCN.EDULE. Mr. Stouffer stated the intent of this motion was to get things movin�, and the sci�edule could always be revised if needed. Mr, tlatz stated the schedule only went to May 18th which was the approximate date for receiving the Company's proposal. All negotiations would take place after that date. Mr. Kaspszak stated the difficulty hP had �with this �ras. wl�p� they don't have the Conpany write its own proposal. Why does the City always have to be the first one? If the RFP had to be ready for the City Council on March 2, he felt the Company should do the same. Then, they can put the two together and make a negotiable document. Mr, tlatz stated he felt it was best for the City to tell the cable operator what information the City wants, and then let the cable operator tell the City what they are willing to do. F1r. Kaspszak stated that in any other business practice, the burden was on the person iooking for the business. UPON A VOICE VOTE, STOUFFER, HUGHES, AND PETERSON VOTING AYE, KASPSZAf: VOTING NAY, CHAIRPERSON PETERSON DECLARED THE MOTION CARRIED. 4. RECEIVE OPERATIONS UPDATE FROM NORTEL CABLE: Mr, Hammerstrom stated a"few" bugs were still being worked out of the new computer system, but it was operational and has already saved them a lot of time. The new te7ephone system seemed to be workiny we]7 now. Most of the problems they had were human errors, rather than mechanical. Mr. Hammerstrom stated t1r. t1oravetz had asked him to give a brief report on the cable equipnent on public access. He stated he had met vlith Ms. Gilbertson and Ms. t�euman-Scott regarding the problem of getting equiproent repaired. John McHugh has set up a system where if a piece of equipment needs repair, a form is filled out, submitted to John, who then checks the equipment to make sure there is a problem, and submits the form to Mr. Hammerstrom for approval for the repair. He stated the indication he has gotten from Ms. t�euman-Scott was that the problem really was not so much the timeliness in repair at this point, but with the physical age and the wearin� out of equi�nent. 5G CATV ADVISORY COMMISSIO�� MEETIWG� FEBRUARY 19, 1987 Pf1GE 8 Mr. Harimerstrom stated he would like to see how this sytem works with Mr. McHugh. It was his understanding from Ms. Neur�an-Scott that Mr. HcHugh has been quite attentive to everything that has been brought to his attention. It seened the najority of the things have been taken care of. f1r. Neuman-Scott stated in some cases the equipment is repairable, but they are now at the point where they have to make some decisions on whether equip- ment should be repaired or replaceci. The Co�pany was doing its best but some of the equipment was put in in 1973, and the time has come to replace it. They were not at the point where they could not continue to operate, but if they were going to replace equiFxnent, he wanted them to do it right, and that was one of the reasons for the refranchising. Mr. Hammerstrom stated he would urge Ms. Neuman-Scott to work closely with Jol�n McHugh and if they were not getting the cooperation or if there were some oti�e r problems, they should notify him and he would take corrective action. Mr. Hanmerstrom stated that during a troublecall at City Hall, one of �Jortel's technicians noticed the traps were left off and the Fire Station was receivinn premium services free of charge. He stated he had been at a meeting, and the situation was not handled as diplomatically as he would have liked. He stated he has �vritten a letter to Bob Aldrich, Fridley Fire Chief. Mr. Harunerstrom stated they had difficulty in providing premium services to a public building, because any time there was a chance for public exposure, their contracts were restricted froM providin4 that in public places. As a result of this, his letter to t1r. Aldrich basically said they would leave the traps on for a month to see if some arrangements could be worked out. Qf course, the Fire Department would continue to receive the basic service. He stated he would be discussing this more with t1r. Aldrich. Mr. Ha►nmerstrom stated there was a very gray area as to what was a public building. Fundamentally, he did not have a problem if he could c�et some cor�muni cati on from F1r. A1 dri ch that there vlas no publ i c access to i t, and something could be worked out: Mr. Kaspszak stated that regarding the plans by tJortel to replace KXLI-41 with I;Tt4A-23 on Channel 36, what was required of the Commission or.the City Council to ask Nortel to temporarily move Channel 41 to Channel 15. Mr. Stouffer stated that according to the Jan. 19, 1987, letter from Dawn Gilbertson to Clyde �4oravetz, it stated that "we will be laurchinc� the Home Sl�opping Network in place of the Program Guide (cable channel 6) on March lst". So, he thought they could ask Nortel to put Channel 41 on Channel 15. Mr. Kaspszak stated Channel 15 was not being used anyway, It was another entertainment channel for I�ortel, and it was better than 15 being empty. 5H CATV ADVISORY CONMISSION FIEETING, FEBRUARY 19, 1987 PAGE 9 t1r. Hammerstror� stated Channel 15 was between the two premium services so there was a considerable amount of noise on that channel. That was why they put add-on channels in there before because that kind of noise was quite comrnon. Md, it was the reason for hesitating to put anything substantial on Channel 15. Mr. Matz stated the�dropping of the Prograr� Guide channel in order to launch the Hone Shopping Network did create a problem, because the cable franchise specifies that there will be a television guide channel. While ti�ey cannot un�ier the Cable Act require the cable operator to carry sFeci¢ic services, they can require them to maintain the same mixed quality and level of services. Ti�e question was if they dropped a channel containing a proqram quide and replaced it with a home shopping channel, were they ma�ntaining the same mixed quality and level of services? He raised this issue for the Commission's inforriation. t�r. Stouffer stated that in order to be in compliance with the cable franchise, Nortel might have to move the Program Guide to channel 15. MOTION BY MS. HUGHES, SECONDED BY MR. STDUFFER, TO RECEIVE THE DEC. 9, 1987y JAN. S, 1987; JAN. 19, 1987; JAN. 21, 1987, FEB. 3, 1987; AND FEB. S1, 1987, CORRESPONDENCES FROM NORTEL CABLE. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON PETERSON DECLARED TXE MOTION CARRIED UNANIMOUSLY. �1s. Hughes stated Mr. Hammerstrom had heard a concern expressed by one cor�missioner regarding Channel 36 and Channel 41. She did nofi think changing the channels was a decision the Commission could make. She did think it was useful to have a Program Guide channel, and she would urge the Company to try to accormadate that. 5. RECEIUE CORRESPONDENCE REGARDING LOCAL ORI6INATION At�D ACCESS PROGRANMING: MOTION BY MS. HUGHES, SECONDED BY MR. STOIIFFER, TD RECEIf�E THE FOLLOWING CORRESPONDENCE: A. MEMO FROM ANGELE FORREST DATED DEC. 16, 1986 B. MEMO FROM PAULA NEUMAN-6COTT DATED DEC. 24, 1986 C. MUNICIPAL CHANNEL 13 QUARTER REPORT (OCTOBER-DECEI?BER 1986) D. FRIDLEY CABLE CONSORTIUI9 (FCC) MEETING MINUTES: (1) DECEMBER 1986 (2) JANUARY 21, 1987 E. ACCW REPORTS (1) DECEMBER 1986, TO JANUARY 1987 DIRECTOR'S REPORT (2) 1986 FINANCIAL REPORT (3) OC�IOBER ,�986 TO DECEMBER 1986 QUARTERLY FINANCIAL REPORT (4) YEAR-END REPORT 1986 (5) YEAR-END COMPARISON FINANCIAL REPORT UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON PETERSOP� DECLARED THE 1�lOTION CARRIED UNANIMOUSLY. 51 CATV AQVISORY COMP�IISSION MEETING, FEBRUARY 19, 1987 PAGE 10 6. RECEIVE 5� FRANCHISE FEES FOR QUARTER ENDI�JG DECE�4BER 31, 1985: MOTION BY MR. KASPSZAK, SECONDED BY MR. STOUFFER, TO RECEIVE THE 5$ FRANCHISE FE�S FOR jjUARTER ENDING DEC. 31� 1986. (TPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON PETERSON DECLARED TNE MOTION CARRIED UNANIMOUSLY. 7. MO(�THLY REPORTING FORMS - DISCUSSION CONTINUED FROT1 N0�►EMBER MEETING: Mr. Nb ravetz stated this was the information requested by the Commission at their November meeting. Nr. Stouffer stated he would like to see the Company go one step further with this report. Since they were now through January 1987, he would like to see January 1986 compared to January 1987, so they can look at the comparison from a year ago, and so on. MOTION BY MR. STOUFFER, SECONDED BY MS. XUGXES� TO RECEIVE THE REPORT AND REQUEST THAT NORTEL CABLE CONTINUE THE REPORT ON A QUARTEIZLY BASIS SHOWING THE FIGURES AS THEY ARE NOW WITH A YF.AR'S COMPARISON. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON PETERSON DECLARED THE MOTION CARRIED UNANIMDUSLY. 8. COIJFIRt� - DRTE fOR NEXT MEETIP�G: Next meeting date: March 19, 1987, 7:00 p.m. ADJOURf�MEtJT: MOTION BY MR. STOUFFER, SECONDED BY MS. NUGHES, TO ADJOURN TXE MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON PETERSON DECLARED THE FEB. I9, 1987, CATV ADVISORY COMMISSION MEETING AA70URNED AT 9:10 P,M. Res� tfully submit d, � �l'--1� Lynne a�a Recording Secretary _ —_—____�— • '�"" pIqECTOAATE p� 0 F �i PUBLIC WORKS CITYOF �/IEMORANDUM FRIDLEY � ��, �E: Nasim Qureshi, City Manager John G. Flora � Public Works Director February 20, 1987 SUBJEGT: Metropolitan Waste Control Catmission Agreem�ent No. 67 F�W87-55 Periodically, the City enters into twr� agreeire.nts with the Metropolitan Waste Control C�mission (M�1C.'C). Agreement No. lgl supports the Nb�iCC sewpx' line caning froaY► Nbunds View through the City to the main interceptor on a five-year cycle and Agreeir�nt No. 67 supports the Mn1CC sewer line coani.ng fran Columbia Heights to the main interceptor on an annual basis. Agreem�.nt No. 67 incorporates no change in payment frocn 1986 for maintaining the Coliunbia Heights line. This agreeirent is an eoonrxnic benefit to the City and does not cause any hardship to our sewpx maintenance program. RecaYmer�d the City Coimcil approv�e the attached agre�nent with the r�dn'R7C . 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SAi _ �' __ _ �] Zrc._ _ _ ��i�`"_ - - c : . _ . � -._ � _ xc • . �� ���' - � ' 'E- ... = _ ' --- �5. .. .o...�.. � " _='�is �-- - STREET MAP-CITY OF � � � :-___:: �� _ � � ~__� -' _� �- FRIDLEY - � =.. =� p y .�._..�.. – _, _ _� _.. . _ : _ — _ � _ _� _. �. _...�;:�. : .� � _�_ _�— _ _� ._� � --- _---� .__.. �= _�= AGREEMENT f67 ° - . , w � f73ETRGPOLITA� WAITE � '; �...�-- ��C(�TR{3l. �,�, : C�RI(n1lla0� _s, n C, :ies t=rea ; February 11, 1987 Mr. Nasim Qureshi City Manager City of Fridley 5431 University Avenue N.E. Fridley, MN 55432 SUBJECT: INTERCEPTOR NIAINTENANCE AGREEMENT FOR 1987 ` Dear Mr. Qureshi: We wish to renew for another year Interceptor Maintenance Agreement Number 67 under the same general terms and conditions contained in the Agreement now in force between the City of Fridley and the Metropolitan Waste Control Commission with the exception of Section 6.02 Cost Estimates Monthly Payments. We would like to amend thi� section to read: "6.02. Cost Estimates Monthly Payments." The par- ties estimate that the total amount of costs which the Commission will be required to pay to the Municipality for performance of this Agreement in 1987 will be $5,700.00. The Commission agrees to pay to the Municipality on or before the last day of each month in 1987, the sum of $475.00 as an advance payment of such costs. On or before April 1, 1988, the Municipality will submit to the Commission a detailed statement of the actual costs incurred by the Municipality which the Commission is required to pay in accordance with Section 6.01, and will remit to the Commission any amount paid to the Municipality which is in excess of such actual costs. If the total of the monthly advances previously paid by the Commission is less than the actual amount of such costs, the Commission shall pay to the Municipality on or before May l, 1988, an amount equal to the difference between the actual costs and the monthly advances pre- viously paid. The Municipality shall keep detailed records support.ing all costs of the types specified in Section 6.01, which it expects the Commission to pay, and shall make the same available to the Commission on request. 3�p N1etro Square Building, Saint Paul, Minnesota 551G1 b12-222 �,��: .� • : Mr. Nasim Qureshi February 11, 1987 Page Two 6C The renewal Agreement is enclosed in triplicate for endorsement. We have signed the enclosed statement as our intention of renewing the �greement and ask that you also sign and return to us two (2) of the executed copies and retain one (1) for your records. Should you have any questions or suggested changes to the basic Agreement, please feel free to contact us. Very truly yours, , _ /' � ��• . ' % �l�'7�.� c°._ Z� tt� � Louis J. Breimhurst Chief Administrator LJB:LRB:kw Enclosure cc: LaRae Bohn, Accounting Supervisor John Almo, Director of Operations Rick Arbour, Interceptor Manager STATEMENT OF AGREEMENT RENEWAL INTERCEPTOR MAINTENANCE AGREEMENT N0. 67 The Metropolitan Waste Control Commission and the City of Fridley agree to renew the Interceptor Maintenance Agreement No. 67, which is currently in force between these parties. The terms of the Agreement for the renewal period shall be the same as those contained in the Agreement, which was executed for the January 1, 1986 through December 31, 1986 period with the exception of Section 6.02: "6.02. Cost Estimates Monthly Payments." The par- ties estimate that the total amount of costs which the Commission will be required to pay to the Municipality for performance of this Aqreement in 1987 will be $5,700.00. The Commission agrees to pay to the Municipality on or before the last day of each month in 1987, the sum of $475.00 as an advance payment of such costs. On or before April 1, 1988, the Municipality will submit to the Commission a detailed statement of the actual costs incurred by the Municipality which the Commission is required to pay in accordance with Section 6.01, and will remit to the Commission any amount paid to the Municipality which is in excess of such actual costs. If the total of the monthly advances previously paid by the Commission is less than the actual amount of such costs, the Commission shall pay to the Municipality on or before May 1, 1988, an amount equal to the difference between the actual costs and the monthly advances pre- viously paid. The Municipality shall keep detailed records supporting all costs of the types specified in Section 6.01, which it expects the Commission to pay, and shall make the same available to the Commission on request. The renewal period for Interceptor Maintenance Agreement No. 67 shall be from January 1, 1987 through December 31, 1987. That both parties agree to the renewal period and terms is evidenced by the signatures affixed to this statement: FOR THE CITY OF FRIDLEY (TITLE) William J. Nee, Mayor �� (TITLE) Nasim M. Qureshi City Manager Dated . � METROPOLITAN WASTE CONTROL COMMISSION ' �, i � Peter E. Meintsma, Chairm , � � " �{�Z-� . z � 21t Louis J. Brei hur , Chief Administrator � ! -�( D Dated �J ' "" DIAECTOAATE � OF �► PUBLIC WOFiKB CITYOF �/tEMORANDUM FRl DLEY , T0: Nasi� reshi, City Manager � � PW87-63 FROM: Cly e. oravetz, Cable Television Coordinator DATE: March 4, 1987 SUBJECT: Cable Television Renewal Attached is the following material regarding the upcoming Cable Franchise Renewal: 1. Memo from Mr. Matz and myself dated March 3, 1987 highlighting the renewal material. 2. Letter to Dr. Rens, District 14 Superintendent dated February 23, 1987 regarding the School Report. 0o pa- �� �� ;�^� �= 1 ��O 3. Request for Proposal (RFP) for a Cable Television Franchise Renewal dated hlarch 3, 1987. 4. Draft Cable Television Franchise Ordinance dated March 3, 1987 5. School District No. 14 Cable Television Proposal - January, 1987. � 6. ACCW Business.Plan dated August 5, 1986 7. ACCW Report dated August 13, 1986 8. Cable 7elevision Renewal - Government access needs projections dated March 5, 1987. I suggest these materials be provided to the Mayor and City Council for discussion and possible a��ticn at their March 9 meeting. Gary Matz and I will be present at the Council meeting to answer questions and respond to any comments they might have. CVMJts Attachments I�I,O�t�ION NQ. - 1987 Ap'PIiWING FII�,L PLAT OF I�VIFS�T 1ST AtOITIUN WHII�FAS, the Planning Commission held a publ ic hearing on the Plat, P. S. #87-01, on January 28, 1987 and reoonuner�ded appraval; and WHERFAS, the City Council also wnducted a public hearing on the proposed Plat of Longview lst Addition at their February 23, 1987 Council meeting and approved the Plat at their , 1987 meeting; and NCW, �lII2EFURE, BE IT RESCGVID that the City Council of the City of Fridley hereby approves the Plat knawn as Longview lst Addition, with the Planning Commission stipulations attached as Exhibit A, and authorizes the Mayor and City Manager to sicg� the Final Plat as pre�red by Suburban Engineering. BE IT FUR7FIII2 RESCL.VID that the petitioner is requested to reoord this Plat at Anoka County within six (6) months or said approval will bevame null and void. PASSID AND ADOPI'ID BY �E QTY Q7[JNCZL OF 7HE CITY OF FRIDLEY TH IS I�►Y OF , 1987 WILLIAM 3. NEE - I�1YOR ATI�'ST: SHIRLEY A. HAAF�ILA - CITY Q,ERK : "E�i IB IT A" LCINGVIIInT 1ST ADDITION P. S. #S7-01 STIAJLATIONS 1. A Park Fee of $7,714 to be �aid prior to recording of Plat; includes 5 acres of Lot 1 and 2.7 acres of Lot 2. 2. A revised layout which provides for four feet of planting area on west side of new building to be provided for staff approval �plan su4mitted for staff avproval on February 4. 1987). 3. A landscape/site glan which addresses existing and proposed developnent to be im�l.enented in two phases as indicated on revised plan dated March 3, I987 (submitted for Council review). 4. A building facade plan which provides architectural ref inements to north and west elevations including existing block building, to be impl�nented in two phases as indicated on revised plan dated March 3, 1987 Ssubanitted for Council re�view) . 5. A storm drainage glan to be implenented with first phase developnent (t�lan approved bv Pul�lic Works on February 13. 1987). 6. A plan to screen propar�e tanks which includes benning, screening fenoe and landscaping to be prwided for staff approval; included with landscape Pl an- 7. Items 2-6 above to be sutrnitted by February 9, 1987 (All it��s sutmitted). 8. Fhtitioner agrees to pay costs associated with relocation of 12 inch waterl ine around east and north of expansion. A 20 inch 1 ine to be installed on north- south segnent; City to pay for costs of added size i. e. 12"-20". 9. Longview Fibre and Burlington Northern agree to pravide a 40 foot utility ease�nent c�ntered on east lin�e of Plat prior to e�cution of Pla� : ` 0 0 ���i � �^ � �' ,.r, - - - I ''. A iT'—� � � : .�� , =- - - � � �3�. - L----�•---- -�i �� _ --�. ---- - � ;� �; -�o�,� �.,•:� x; �... }, � p . 87-01 ; ., �s' � ' '!� wai�wo � � �l3 S'�fiS! � � EaseTenf `y.� � � ew lst �lddition X? I �` � � V � • ° G. N .P�V/ , • � �� �i ' ,. • 3. 7S .4� . � . �'� 1� � . � I t � , � 0 I � . � i . 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L o�. � � � � " °F � 1 0 ,�� F9 � � � ti _ �,� _� , , ,, . _ °�� �' , � � '• ��., Li _y _ o .,_._ �� � g i ]� � ' -- �' - ���,�'s`' _ t� �� ' � ' o 'sa � � , � �----. ���. = 2�� ;i I , �; � �t C � i l J�3 � Y�. �:i i � i! � , � GOO � i I � I __"' . �J I 5 . � _`��� �. r �1 I , - � li__ _..:� ` � �� I � i. A ' i � 1 i � I � �_'�:":` o- i' � ' i j ' I .. �, i ,� i i '� � �, �41 0 e u � W r � o f� " �� 9 /l `- �� 1 , -- � � h. I ' y�'� � -� �� I G C O �I� � 1� G ' � � �.; — � � :� � _� ��� } � - +' g i "� � ' � „-� ' I 1 I � I I r r - , ! ' 'rt� ti ' 3 O r ` }- .� � �� �o �- C ' � � S �'� � w3 I' i � � II . 1 il" € r !' :, j` p � ���. �� . '1:r.` �. 1 Y � � . .- A RESOLUTION APPRUVING A SOBDIVISION, LOT SPLIT, L.S. #�6-06, �D SPLIT IA� 7, BIDCR 2, l�DiORE I,AI� HIGI� Il�TID �10 SF.PAItA� F�R(ELS�. WHERFAS, the City Counci.l appraved a lot split at the October 6, 1986 meeting, and the Planning Commission stipulations attached as exhibit A; and 6��IEREAS, sudl appraval was to split Lot 7, Block 2, Moore Lake Hills into two seFarate Farcels. One being that part of Lot 7, Block 2, Moore Lake Hills lying Southeasterly of a line described as follows: Commencing at the Northwesterly corner of said lot; thence Easterly, along the Northerly line of said lot, 125.00 feet to the actual point of beginning; thence Southerly to a point on the Southerly lir�e of said lot, distant 125.00 feet Easterly of the Southwest �rner and there terminating. Subject to easements, if any, and that part of Lot 7, Block 2, Nbore Lake Hills, lying Northwesterly of a line described as fallaas: Conunencing at the Northwesterly corner of said lot; thence Easterly, along the Northerly line of said lot, 125.00 feet to the actual point of beginning; thence Southerly to a point on the Southerly line of said lot, distant 125.00 feet Easterly of the Southwest corner and there term ina ting. Subj ect to easements, if any. WHERFAS, the City has reoeived the required Certificate of Survey from the awner; and WHII2EAS, such approval will create two separate residential building sites. NC��1, �iEREFI�RE, BE IT RESCd,VID that the City Council directs the County of Anoka to reoord this lot split within six months of this apprwal or else such appraval shall be null and void. PASSED AND AD�FrID BY �IE CITY Q�tJNCIL OF �iE QTY OF FRII�,EY �HIS I�1Y OF , 1987 WII,LIAM J. NEE - N��►YDR A�i'EST: SHIl�LEY A. HAAPP�LA - CITY Q,ERK � 9A E�IBI'1' "A" �i���;�:��i;i�7 I.. S. #86-06 '� M �IJ : M �,� 1. New structure to meet City Coc3e for front yard setback average, 61 feet +/- six f ee� 2. �ence and shed to be relocated prior to rec�ording. 3. Park fee of $750.00 required with building permit. . 4. Lot sglit to be xeoorded at Cflimty within six months of Co�mcil a�roval. �� ] PIANNTNG COMMISSION MEETING. SEPTEMBER 24, 1986 PAGE 10 3. An automatic lawn sprinkling system be provided for all green areas by June 30, 1988. 4. A fenced tot lot area, approximately 20 x 30 feet be provided, with City approved tot lot equipment prior to daycare starti� 5. Pathway to be installed from daycare to tot lot prior to ay- care starting. /' 6. Concrete curb and gutter be provided for hardsur a areas and driveways, including a five foot setback from u' ding by June 30, 1988. 7. Sealcoat and restripe parking lot and p�`ovi e required handicapped stalls by June 30, 1988. / 8. Provide one-way directional sign e w re needed by June 30, 1988. 9. Provide an approved dumpster ncl ure by June 30, 1988. 10. Remove trailers from prop rty ast of church at such time [hat the church vacates the rop ty. 11. Provide a drainage �an �or approval prior to parking lot work. a 12. 2t.�o single famil ho s to the west of the church are included in this specia us permit for future parking only. These houses may be leased as ingle family residences until such time as thc City de[erm' e the need for additional parking for clinic/daycare use. 13. Provide �/performance bond to cover improvements including future parkin�n the amount of $20,000 prior to closing on church propert�. UPON A ICE VOTE, ALL VOTING AYE, C1iAIRPERSON BILLINGS DECLARED THE MOTIO CARRIED UNANIMOUSLY. �irperson Billings stated this item would go to the City Council on tober 5, 1986. 5. CONSIDER?.TION OF A LOT SPLIT, L.S. ;�86-06, BY DONN�1 LIh'D: Split Lot 7, Block 2, Pioore Lake Hi11s into two separate parcels. One being that part of Lot 7, Block 2, Moore Lake Hills lying Westerly of the following described line. Commencing at Northwest corner of said Lot 7, thence East along the Northerly line of said Lot 7, a distance of 125 feet to the actual point of beginning; thence deflect to the right 90 degrees to its point of intersection with the Southerly line of said Lot 7 and there terminating. The other being that part of Lot 7, Block 2, Moore Lake Hills lying Easterly of the following des- cribed Zine. Commencing aC Northwest corner of said Lot 7, thence East along the Northerly line of said Lot 7, a distance of 125 feet to the actua' Poznt of beginning; thence deflect to the right 90 degrees to its point of intersection with the Southerly line of said Lot 7 and there terminating. 9C FLANNING CO*L�SISSION MEETING�SEPTEMBER 24, 1986 PaGE 11 Mr. Robinson stated this proposal is to split Lot 7, Block 2, Moore Lake Hills into two sepa.rate parcels. He stated the property is located between �'ood�� Lane and Old Central. He stated staff is recoctmiending approval of the lot split with four stipulations as follows: (I) new structure to meet City Code for front yard setback average, 61 feet plus or minus six feet; (2) fence and shed to be relocated prior to recording; (3) park fee of $750 required with building permit; and (4) lot split to be recorded at County witliin six months of Council approval. MOTIO*: HY I�. BETZOLD, SECONDED BY M5. SHEREK, TO RECOrQ�ND TO CITY COUNCIL APPROVAL OF LOT SPLIT, L.S. �k86-06, WITH THE FOLLOWING STIPUI�ITIONS : 1. New structure to meet City Code for front yard setback average, 61 feet plus or minus six feet. 2. Fence and shed to be relocated prior to recording. 3. Park fee of $750 required with building permit. 4. Lot split to be recorded at County within six months of Council approval. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECL'�RED THE MOTION CARRIED UNANIMOUSLY. Chairperson Billings stated this item would go to the City Council on October 6, 1986. 6. CONSIDERATION OF A VAC�TION, SAV $86-05, BY rWRTIr NISLEY: Vacate part of a street and utility easement lying in Lot 32, Re ' ed Auditor's Subdivision No. 77 (71 1/2 Way cul-de-sac). Easeme was acquired April 15, 1976 and recorded at Anoka County as Do ment No. 443624. P�. Robinson stated this is a request to vacat�� rt of a street and utility easement lying in Lot 32, Revised Au�' or's Subdivision No. 77 (71 1/2 Way cul-de-sac). He state� ices of this proposed vac- ation were sent to the utility compan' . Irh�. Robinson stated Northwestern Be11 has a buried ¢ab , but believed it was in the street and not the cul-de-sac area �� t�. Billings stated he� 5 ieved the telephone company's cable was across the street a ouldn't be affected by this vacation. He stated if it is oblem, the City should retain a utility easement and this shou e veri£ied before the City Council meeting. Mr. Ro son stated that the long range plan is to develop this propert�• in three single famil�� lots. The area being vacated has already had e hard surfacing removed and is sodded. - � � �� UBURBAN � ' ' r^ MOINEERW� � "�' � _._._ _. - -- � —r -, ir.c. :- - ---1 _...... �.r_: .—....._. .___.�-- --- �--_ . .— ' � .. . � . _ - _,•• � .. �� . ,. � � `� ti � , .. ' . � � . • . . ' . • .. • _ .. �,.f . , .. . . � ^ rJir—� �-� �v�Na ���vo Certificate of Survey for_ �v [���` [ V \! N 5�yic : I" _ 50' � � ,� }�• � l�' _ ,�. � �'' ,� � � '� � rx ,. r_r� n � 1� r n,,� ri P n t . ,. � /� �v V �.� oi PARCEb A _a�� V That part of Lot 7, Block 2, Moore Lake iiills. A.�oka County Minnesota, lyin� SouCheasterly of a line described as follows: Commencing at the Northwesterly corner of said lot; thence Easterly, along the `7ortt�erly line of said lot, 125.00 feet to the actual point of beginning; thence Suutherly to a point ort the Southerly line of said lot, distant 125.00 feet Easterly of the Southwest corner and there terminating. Subject to easenents, if any. PARCEL B That part of Lot 7, Block 2, Moore Lake Hil.ls, Aizoka County, Minnesota, LyinQ '�orthwesterly of a]ine described as follows: Corsnencir.g at the nor[hwesterly cor.�er of said lut; thence Easterly, along the northerly li�e of said lot, 125.00 feet to the actual Point of beginning; thence Southerly to a point on the Sou[herly line of said lot, distant 125.00 feet Easterly of the Sou[hwest corner and thcre terminating. Subject to easements, if anq. I h�.�by cv�ily �haf rh�s i� a�rv• ond co�r�ct .�p.�s�nrat�on oi a surv�y of ►F• bou�dari�t o1 rh• obov• d�s�.i6�d lond, ond of tl�• loca�ion ol all bvildinpi, 1��rwn, ond all vi��bl• •�croochm�ntf� �/ any, from w on �aiC iand. A� turr�y�d ey m• thii' .� ' ea� p} .�: A.p. 10.��/ SUSUR6AN EKfsINEERfA1Cs, INC. fnq�n��rf �urv�yars % `'/� sr�_j� . 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'.', ?n: ) � G, ARDEti � � <� SC � ��M � � � � 4 � � � � � �n L ����� Z � � �� � m ci� z � Q � �� w � � �- � � � � �1" � � � 4 $ � T O . � �� ti 3� ? �g , �- " o ,;� m \ . � / �Y � � L.S. #86-06 Doriria Lind H aC Z 9F � N �` J1 N � � Y = �pw �� � � J~� �� 'O � � � ,u � �Y } �O � . p � 3 D/ / . � O ' b �\ `� �- �� ' 6 � �� � ��� � � � � � b � ` � ` � }-- � � . � `i/' \\ �g `� �\ . � ` � � / � � � � �� � ' �_ � / � . � ^� � � �` `hh� ' �z .s ��4��'` �Y �: . � $v� , / `��' v\, � � ; � � _ i .a j � /�. � � � . � � \ �; o. -s� � � i S� . \ -��,�/ 'T 5 � S ao � �FOR CONCURRENCE BY THE CITY COUNCIL S March 9, 1937 �pe of L�icense: B��-. Approved By: CIGARETTE -- LICENSES Diavolo's Pizza Diavolo's Inc. James P. Hill 6440 University Ave.N.E. Public Safety Director Fridley, Mn. 55�32 FOOD ESTABLISHh1ENT Diavolo's Pizza Diavolo's Inc. 6440 University Ave.N.E. Fridley, Mn. 55432 Fridley Jr. High School Pat Rue 6100 W. P1oore Lk.Dr. Fridley, Mn. 55432 Fridley Sr. High School Pat Rue 6000 W. Moore Lk.Dr. Fridley, P1n. 55432 Fridiey Warehouse Annex Kathleen Schmitz 6289 Hwy . �65 P� . E . Fridley, P•tn. 55432 Hayes Elem. School Pat Rue 615 P4ississippi St. N.E. Fridley, �1n. 55432 Liquor Warehouse Kathleen Schmitz 214 Mississippi St. P�.E. Fridley,Mn. 55432 Stevenson Elem. School Pat P.ue 6030 E. River Rd. Frildey, Mn. 55432 CHARITABLE ORGANIZATIONS Greenpeace Oleg Frinshpan 800 Washington S.E. Mpls. Mn. 55414 Fees: $12.00 �45.00 Exempt Exempt Exempt Exempt Exempt Exempt Exempt � FOR CONCURRENCE BY THE CITY COUNCIL -- LICENSES � MARCH �} . 19 87 GAS S�;RVICES Mike's Heating & Air Cond. 19444 Tri Oak Circle Wyoming, MN 55092 GE�TERAL CONTRACTOR Conquest Construction Qo. , Inc. 2518 Harding Street N.E. St. Anthony, NBV 55418 E.J. Pinske Builders Box 107c Gaylord, P4IV 55334 H EAT I idG Mike's Heating & Air �nd. 19444 Tri Oak Circle Wyoming, MN 55092 By: Mike Gotwald By: Roy Taylor By: E.J. Pinske By: Mike Gotwald 0 APPROVED BY 4�ILLIAM SANDILi Plbg. -Htg. Insp. DARREL CLARK Chief Bldg. Ofcl. Same 4IILLIAPi SANDIN Plbg.-H tg. Insp. _� � . . IIII , ���� ��� - G .�''�'�`'� ��� league of minnesota cities January 1, 1987 T0: FROM: RE: Local Chapters of the League of Women Voters Chambers of Commerces Other Civic Groups . James F. Miller, President. League of Minnesota Cities City Manager, Minnetonka �, ; , . NOMINAxIONS FOR C.C. LUDWIG AWARD FOR DISTINGUISHED MUNICIPAL SERVICE The C.C. Ludwig Award�for Distinguished Municipal Service has been presented to outstanding city officials for nearly a quarter of a century. The award, established in honor of C.C. Ludwig, League Executive Secretary, 1935-1958, has been presented by the League of Minnesota Cities since 1962 and is viewed as a significant recognition of exceptional public service. Contest rules permit nominations from local units of the Minnesota League of Women Voters. Chambers of Commerce, and other civic groups. Your nomination must have the support of the city council to be considered. The deadline for nominations is March 20, 1987. By observing this deadline the League Will be able to publish an article on the award winner in the June issue of Minnesota Cities, and provide sufficient time for judges to study nomination materials. If you have any questions, please feel free to contact Lynda Woulfe at the League office at (612) 227-5600. The rules provide that two awards may be given in any year, when, in the judges' opinion, two nominees meet required standards of excellence. When two awards are presented, one must be made to an official of a city of less than 10,000 population. Instructions for submitting a nomination, a copy of the rules, and a nomination form are enclosed. Additional copies are available upon request. All information regarding nominees must be sent to the Lynda Woulfe, League of Minnesota Cities, 183 University Avenue East, St. Paul, I�1 55101 by March 20. 1987. The judges rely heavily on supplementary documents submitted in addition to the completed forms. Page two of the nomination form outlines the inclusions that are reviewed in support of nominations. You are reminded to pay particular attention to criteria listed under "Eligibility for Award" (see first page of award rules). Materials submitted with the nomination form ehould assist judges tQ make decisions based on these criteria. If you wish to include a variety of documents with the nomination it is recommended that these be enclosed in a notebook, binder, or scrapbook. 1 83 un�vers�ty avenue east. st. paul. m�nnesota 55'I O'I (6'I 2l 227-5600 league of minnesota cities RULES FOR C.C. LUDWIG AWARD FOR DISTINGUISHED MUNICIPAL SERVICE 1. ESTABLISHMENT AND PURPOSE. The award to be known as the C.C. Ludwig Award shall be made in accordance with the following rules to a deserving Minnesota municipal _ official or employee of a city, village, borough, or town which is a member of the League of Minnesota Cities. The award shall be made at an appropriate time during the annual convention of the League of Minnesota Cities. 2. ELIGIBILITY FOR AWARD. The award shall be made to the official or employee who has, in the opinion of the judges, the most outstanding record of public service for a city among those nominated for the award. To be eligible, an official must have been in office some time during the year preceding the deadline date for submitting nominations. In making their determination, the judges shall take into account the following factors: a. The extent to vhich breadth of vision, statesmanship and unselfish concern for the general good have been characteristic of the nominee's public life. In the evaluation of this characteristic, importance shall be attached to the following: (1) Service above and beyond that which is required by the nominee's position. (2) Contributions of the nominee in the interests of improved municipal government through national, state, county, municipal, professional, or other public organizations or agencies. b. The nature and extent of the improvement in municipal government or nominee's municipality attributable to nominee's municipal service and the lasting character of such improvement. c. The respect in which nominee is held by the community and the influence nominee has had in raising the prestige of municipal government service. d. The length of nominee's municipal service. This factor shall not be considered as important as other criteria except that service of the nominee should have been long enough to have established a pattern vf continued. unselfish conduct in � office. No award shall be made in any year in which, in the opinion of the judges, no nominee meets the standards of excellence contemplated by these rules. The judges may make two awards in one year when, in their opinion, two nominees meet the standards contemplated by these rules; provided, however, that if two awards are made, one must be made to an official of a municipality of less than 10,000 population. -1- ��33 �_,n�vers�ty avenue east, st. paul, m�nnesota 551 O'I (61 2) 227-5600 _i league of minnesota cities INSTRUCTIONS FOR NOMINATING CANDIDATES FOR THE ANNUAL C.C. LUDWIG AWARD FOR DISTINGUISHED MUNICIPAL SERVICE Nominations.may be made by a city council or by any civic organization concerned with local government function with the endorsement of the city council. The person nominated must be (or have been during the year) a Minnesota municipal official or employee but not necessarily from the city making the nomination. If the nominee is from another city, the nomination form may be left incomplete if information is insufficient. Size of the city will not be a factor; individuals will be evaluated in terms of their contributions as compared with the general nature of the problems and challenges facing the city. PLEASE BE SPECIFIC IN ANSWERING QUESTIONS. References to concrete examples and situations will be of greater significance than general statements in evaluating the nominees. Those making the nomination will want to keep in mind the following factors whic6 the judges will take into account in determining the winner of the C.C. Ludwig Award: 1. The extent of which bteadth of vision. statesmanship and unselfish concern fot the general good have been characteristic of the nominee's public life. Zn the evaluation of this characteristic, importance shall be attached to the following: (a) Service above and beyond that which is required by the nominee's position. (b) Contributions of the nominee in the interests of improved municipal government. through national, state, county. municipal, professional, or other public organizations or agencies. 2. The nature and extent of the improvement in municipal government or nominee's municipality attributable to the nominee's municipal service and the lasting character of such improvement. 3. The respect in which the nominee is held by his/her community, and the influence he/she has had in raising the prestige of municipal government service. 4. The length of nominee's municipal service. This factor shall not be considered as impoXtant as other criteria except that service of the nominee should have been long enough to have established a pattern of continued, uaselfish conduct in of fice. , Please consult the rules for more specific information on eligibility and timing of the nomination. '► 83 un�vers�ty avenue east, st. pau(, mmnesota 55'1 01 (61 2) 227-5600 : � NOMINATION FORM � Please be as specific as possible in answering all questioas. If additional space is needed, use reverse side or attach extra sheets. Nomination submitted by: a. The City Council of *b. Civic Organization � � Name/Number of contact person regarding the nomination: Person Nominated from City of - Present Municipal Position � a position held since I9_ Previous Public Positions held: YEAttS 1. 19_ to 19_ 2. 19_ to 19_ 3. 19_ to 19_, Positions held in Organizations (County, Regional, State, National) of cities or city officials. 1, 19_ to 19_ 2, 19 to 19_ 3 � 19_ to 19_ Other Public Service (as chair or member of citizens' committees or organizations, etc.). Indicate also the achievements. in general terms of the committee or organization while the nominee was a member or the nominee's contributions or record as a member: Name of Committee or Organization Date(s) Nature of Work Office Held 1. 2. 3. 4. 5. Local Elections in Which Nominee Has Been a Candidate: Office Sought Year(s) Result *must have eadorsement of the city council to make nomination � Municipal accomplishments for which nominee was whollq or partiallq responsible (and ' role of nominee in the accomplishments): 1. 2. 3. - -- 4 _ _ ----_ _ _. . _ . S. Awards or Citations for municipal accomplishments: 1. 2. 3. 4. Other evidence that nominee is held in high public esteem:.� Other facts bearing on nominee's qualifications to be the award recipient: 1. 2. 3. 4. Supplementary Documents. The nomination may be supported by any other material bearing on the factors which the judges are required to take into account in determining the award winner. (This material may include, but need not be limited to, (1) newspaper editorials, articles, and pictures; (2) letters of appreciation from citizens or other officials; (3) letters of recommendation from public officials or community leaders.) The nominations shall be mailed to: Lynda Woulfe League of Minnesota Cities 183 University Ave. East St. Paul. 2�1 55101 no later than Narch 20, 1987. Mailed nominations shall be postmarked no later than the last date for submission of nominations. .. (/ � {� ► . •�; '�` - • l� � - , ' ��,EDtNA J � _, .._. �DiHSiF�� .EJ�N:. k'�'�:AcSOTAj�»<< , _.o?,.g�:-t March 4, 1987 William Nee, Mayor City of Fridley 6431 University Avenue N. E. Fridley, Piinnesota 55432 Dear riayor Nee: At its last meeting, the Edina City Council unanimously voted to nominate our Mayor, C. Wayne Courtney, for the C. C. Ludwig Award. I am sure you are familiar with this award, which is made to individuals who have made outstanding contributions through their involvement in municipal government. Over the past couple of years, we have made this nomination, but r�yor Wavne Courtney was not the individual selected. We still feel so strongly that Wayne Courtney is deserving of this award. We ask you once again to write a letter on his behalf. I.'ayne is, as you know, in the twilight of his career that expands some SO plus years in working in the area of either teacliing or municipal government. He truly has given his a1Z to the betterment of this total Twin City area and State as a place to live, work and play. He has participated to the fullest in the League activities, County activities, State activities and obviously our own local acitvities. I cannot stress too strongly how I feel about what this man has given. The Edina City Council and I would certainly appreciate your support of Mr. Courtney's nomination. We hope that you might write a letter of recommendation for this award and send it to me by Monday, March 16, 1987. This will be included with other supplemental material to support Wayne Courtney's nomination for the C. C. Ludwig Award. Enclosed is a brief summary of some of Wayne's accomplishments and contributions to the State and to our City. Thank you again for your help and support. Sincerely, � /-. , / . . � �= � / � _�,�%'�'--% . �Kenneth E. Rosland City Manager KER/sw ., � r C. WAYNE COURTNEY Activities and Contributions to the Community: - Morningside Park Board Member, 1962 to 1963 - Morningside City Council Member, 1962 to 1966 - Edina City Council Member, 1966 to 1980 - Board Member of the League of Minnesota Cities, 1981 to present - Treasurer/Vice Chair of the Metropolitan Waste Control Commission, 1975 to 1983 - Board Member of the Association of Metropolitan Municipalities, 1974 to 1980 - Committee Chair of the Metropolitan Agencies (AMM), 1974 to 1980 - Chair of the Legislative Committee (ANIl�i), 1977 - Board Member/Vice President of the Suburban League of Metropolitan Municipalities, 1972 to 1974 - Board Member/Vice Chair/Chair/Co-Chair of the Hennepin County Criminal Je�stice Council, 1972 to 1982 - Vice Chair/Chair of the Southwest Suburban Cable Commission, 1972 to present - Chair of the Minneapolis Coaches Selection Committee, 1958 to 1964 - Diember of the Minnesota Board of Control, 1969 to 1971 - Vice Chair of the Minneapolis Athletic Board, 1964 to 1968 - Council Represeatative of the Edina Bi-Centennial Committee, 1974 to 1976 - Coordinator/Coach of the Edina Little League, 1953 to 1974 � - Chairman of the Land Use and Agriculture Preservation Committee, 1980 - Mayor of Edina, 1980 to present ---------------- - As Chair of the Southwest Cable Commission, Mayor Courtney led this group through the development of a request for proposal, a franchising process and monitoring construction of the system for a five-city cable TV system. - Mayor Courtney was involved in the redevelopment of the commercial area of SOth and France. - He was responsible for the re-establishment of the use of volunteers within the Edina Fire Department. - Mayor Courtney was a strong promoter of the development of the existing park and recreation system that exists in Edina today. - He was instrumental in the formation of the Edina Historical Society and played a key role in the�retention and restoration of two historical buildings. - It was Mayor Courtney's leadership in the development of a Heritage Preservation Board that ultimately led to the development of various sites being declared eligible for the National Register. - While serving on the Council, Mayor Courtney supported and encouraged the institution of low and moderate income housing and was very supportive of further development of senior housing.