11/20/1989 - 5333WILLIAM W. BURNS
CITY MANAGER
COUNCIL MEETING
NOVEMBER 20,.1989
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FRIDLEY CITY COIINCIL MEETING -
�DL�" ATTENDENCE SHEET
MONDAY �t�t��►is�t 20 , 19 8 9
7:30 P.M.
PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN
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COUNCIL MEETING OF NOVBKBER 20, 1989
PIIBLZC HEARING (CONTINIIED):
Consideration of Public Hearing on ��
the Issuance of an On-Sale Beer
License to Yung Tae Hoe Restaurant
at 6440 University Avenue N.E. . .�. . • . • • • 2
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NEW BUSZNESS:
Consideration of First Reading of
an Ordinance Approving a Rezoning,
ZOA #89-05, to Re2one Outlot 1,
Nagel's Woodlands from C-2, General
Business, to M-1, Light Industrial,
the Same Being 990 Osborne Road N.E.,
by RMS Company . . . . . . . . . . . . . . . . . 3 - 3C
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Consideration of Entering into a
Solid Waste Joint Powers Agreement �
with Anoka County; July, 1989, to
December, 1989 . . . . . . . . . . . . . . . . . 4 - 4G
/
.��
Consideration of Receiving the
Minutes of the CATV Advisory
Committee Meeting of October 19,
1989 . . . . . . . . . . . . . . . . . . . . 5 - 5F
Paqe 2
COIINCZL KEETZNG OF �OVSISBER Z0, 19$9
NEW BUSINE88 (CONTINIISD):
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Consideration of a First Reading ,�
of an Ordinance Approving 1990 /�
Budget. . . . . . . . . . . . . . . . . . . . . 6 - 6A
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Claims . . . . . . . . . . . . . . . . . . . . . 7
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Licenses. . . . . . . . . . . . . . . . . . . . 8 - 8
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Estimates . . . . . . . . . . . . . . . . . . . . 9 - 9A
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T8E �IINOTES OF THE FR3DI.BY CITY C0�1iCZ
NOVEI�B�R 13, 1989
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THE MINIITES OF THE REGIILAR MEBTING� OF TH$ FRIDLEY CITY COONCIL OF
NOVEMBER 13, 1989
The Regular Meeting of the Fridley City Council was called to order
at 7:40 p.m. by Mayor Nee.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance
to the Flag.
ROLL CALL•
MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman
Schneider, Councilman Fitzpatrick and
Councilman•Billings
MEMBERS ABSENT: None
PROCLAMATION - CHAMPIONSHIP FOOTBALL DAY, NOVEMBER 17, 1989:
Mr. Bill Hunt, Assistant to the City Manager, read this
proclamation proclaiming November 17, 1989 as Championship Football
Day in the City of Fridley.
Mayor Nee stated the City has two of the finest football teams in
the State, Fridley and Totino-Grace High Schools, who will meet on
November 17, 1989 to decide which team will play in the Minnesota
High School Class A State Championship football game at the
Metrodome. He encouraged good sportsmanship between the players
and fans with the hope that no player is injured during the game.
Mayor Nee encouraged all Fridley citizens to attend this game at
Totino-Grace High School this Friday night at 7:30 p.m.
Mayor Nee presented this prbclamation to Mary Zawislak, Public
Relations Director for Totino-Grace High School and Mike Leslie,
Athletic Director for Fridley High School. Ms. Zawislak thanked
Mayor Nee for this proclamation and stated Totino-Grace will play
a good, clean game and represent Fridley well. Mr. Leslie stated
he is very thankful and proud to receive this proclamation. He
stated he had no predictions for the game, but knows who he would
like to see in the dome.
APPROVAL OF MINUTES:
COUNCIL MEETING, OCTOBER 23. 1989:
MOTION by Councilman Fitzpatrick to approve the minutes as
presented. Seconded by Councilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 13. 1989 PAGE 2
ADOPTION OF AGENDA:
The following items were added to the agenda: Consideration of a
Liquor License for George's Restaurant and Consideration of
Appointment to the Human Resources Commission.
MOTION by Councilman Schneider to adopt the agenda with the above
additions. Seconded by Councilwoman Jorgenson. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
OPEN FORUM, VISITORS:
� TRICHLOROETHYLENE IN CITY'S DRINKING WATER:
Mr. Jim Bauer, 7630 Bacon Drive, stated he wished to address the
Council regarding the trichloroethylene in the City's water. He
stated his interest began three years ago when he, as well as
other residents in the area, developed cancer. He stated he had
his own independent study conducted in November, 1986 on the water
and the study stated trichloroethylene levels found were outside
the Safe Drinking Water Act.
Mr. Bauer stated he then contacted John Flora and Mayor Nee in
January, 1987 and advised them about his study and that there was
trichloroethylene in the water. He stated he has a letter dated
February 19, 1988 to the Council from the State Health Department
regarding Federal regulatory changes for organic chemicals,
including trichloroethylene, and that these would go into effect
January 9, 1989. Mr. Bauer stated an article in the Fridley Focus
on September 20, 1989 is not correct as it states the allowable
level of trichloroethylene is 30 parts per billion. Mr. Bauer
stated this was changed with the new Federal regulations. He
stated trichloroethylene was'found in the City's drinking water in
1985, as outlined in a letter from the Health Department, and in
another letter dated August 23, 1989 from the State Health
Department, the trichloroethylene levels in the wells varied from
2.9 to 11.
Mr. Bauer stated his personal feeling is that trichloroethylene is
not safe at any level. He submitted a petition with 101 signatures
requesting the City to take immediate action to eliminate the
trichloroethylene in the drinking water. He stated that the
Minnesota Environmental Rights Law, Chapter 116B.01 states that
citizens have a right to be protected from environmental hazards.
Mr. Flora, Public Works Director/City Engineer, stated that prior
to 1989, the State Health Department limits for trichloroethylene
were established at 30 parts per billion and all the levels of the
City's water were substantially below that amount. He stated in
January, 1989 the limits were lowered to 5 parts per billion. He
stated this is for the blended water and the parts per billion
since then were about 3.6. Mr. Flora stated there was concern,
FRIDLEY CITY COIINCIL MBETINa OF NOVBMBBR 13, 1989 PAGE 3
however, and that is the reason the Council has initiated a study
of the City's drinking water.
Councilman
detected,
periods.
Schneider stated when trichloroethylene was first
the well was taken off-line except in peak demand
Mr. Bauer stated until recently, the trichloroethylene levels were
to be measured at the well site. However, this is changing and the
information he is receiving is that the levels are measured at the
mixing site.
Councilman Billings stated the article in the Fridley Focus stated
the Council had initiated a study to try and find the source of the
trichloroethylene. He asked Mr. Bauer if he had any suggestions
in the meantime on how to eliminate the trichloroethylene.
Mr. Bauer stated deeper wells could be dug, an air stripping system
or a carbon filtering system could be installed, and Fridley
residents could install a filtering system in their homes. He
stated trichloroethylene is more dangerous when heated and if a
person is filtering their drinking water, they would also have to
filter the water they use for showers and bathing.
Mr. Flora stated the goal of the study is to try to determine the
extent and possible cause of the trichloroethylene and identify
some recommended solutions. He stated, at this point, all that is
known is that there is trichloroethylene in the ground water, but
the blended water is within the limits of the Health Department
guidelines.
Councilwoman Jorgenson asked if it was possible to have deeper
wells or if this would be prohibited by the Department of Natural
Resources.
Mr. Flora stated the Department of Natural Resources' position is
that if there is a contaminant, it should be dealt with and an
attempt made to solve the problem. He stated such a method may be
through aerating or activated charcoal to filter the water.
Mr. Flora stated the City is not currently using the shallow wells.
He stated there were three shallow wells in the Commons Park
aquifer that showed traces of trichloroethylene and the levels
varied.
MOTION by Councilman Schneider to receive Petition No. 16-1989
submitted by Mr. Bauer. Seconded by Councilwoman Jorqenson. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
Councilman Schneider asked if the shallow wells will definitely
remain off-line, except in a dire emergency.
FRIDLSY CITY COUNCIL ME$TINQ OF NOVBMB$R 13. 1989 PAGE 4
Mr. Flora stated they would not be in service, unless the City
could not meet the demand for water.
Councilman Schneider stated before those wells are back on-line,
he would like to be informed.
Mayor Nee stated the Council is concerned. He stated it is
difficult to give Mr. Bauer an immediate response, but all the
members of the Council share his concern and this was the reason
for initiating the study.
Mr. Bauer asked when the City would receive the results of the
study. Mr. Flora felt the results of the study should be available
in January.
Ms. Kathy Gerard, 506 Rice Creek Terrace, asked if the wells would
be closed. Mayor Nee�stated they are not in service at this time.
Ms. Gerard asked if the wells would again be placed on-line in the
summer if there was a demand for water, even though the source of
the trichloroethylene had not been determined. She also asked if
a filtering system would be installed.
Mayor Nee stated the purpose of the study is to find answers to
some of these questions which Ms. Gerard has raised.
Councilman Billings stated between now and next spring he did not
feel there would be time to construct a filtering system, if one
is needed. He felt it may be that some conservation measures will
have to be taken, such as sprinkling bans, to reduce the demand.
Mr. Rick Sturm, 7603 Meadowmoor, stated he is one of the residents
in the area who contracted cancer. He stated he has been through
radiation and chemotherapy and two of his neighbors died of cancer.
Mr. Sturm stated he does not drink City water in his home because
of the experience he has been through. He stated he appreciated
anything the Council can do to alleviate this problem.
PUBLIC HEARINGS•
1. PUBLIC HEARING ON A REZONING. ZOA #89-04. TO REZONE LOT 4,
BIACK 6, CITY VIEW ADDITION FROM R-2. TWO FAMILY DWELLING TO
C-2, GENERAL BUSINESS, THE SAME BEING 5701 UNIVERSITY AVENUE
N.E., BY ASHLAND OIL COMPANY {RAPID OIL):
MOTION by Councilman Billings to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing opened at
8:15 p.m.
FRIDLEY CITY COIINCIL MEETINQ OF NOVEKBgR 13. 1989 PAGE 5
Ms. Dacy, Planning Coordinator, stated this parcel is located north
of 57th Avenue and east of University Avenue and is approximately
40 by 140 feet in size. She stated the property is currently
vacant and is bounded on the west by the existing Rapid Oil
facility and to the east by a vacant single family dwelling. She
stated all three properties are owned by the petitioner, Ashland
Oil.
Ms. Dacy stated the request is to rezone this parcel from R-2 to
C-2. She stated prior to this rezoning application, Ashland Oil
petitioned for a special use permit in August. She stated Ashland
Oil proposes to demolish the existing Rapid Oil facility and
construct a two bay facility similar to the one at Highway 65 and
73rd Avenue. Ms. Dacy stated at the time of the special use permit
application, the petitioner also submitted a variance request for
lot area and setback. She stated during the review process for
these variances, staff recommended to the petitioner that they
utilize the vacant lot and combine it into the site plan to
eliminate the need for a variance. Ms. Dacy stated this rezoning
would be compatible with the zoning to the west and match the
zoning patterns to the north and south.
Ms. Dacy stated the Council should be aware of two policy
considerations regarding this site. She stated the site is now
under consideration by the Housing and Redevelopment Authority for
a redevelopment project. She stated the site is also currently
being tested for ground water contamination. She stated the HRA
will review the results of the soil testing and determine if they
want to proceed with the redevelopment at this location. Ms. Dacy
stated the site is located along the proposed alignment for the
Light Rail Transit system. She stated this site plan was snbmitted
to the consultant for the Light Rail Transit system arid the revised
site plan accommodates their plans so there was no adverse comments
from the consultant, BRW, Inc.
Ms. Dacy stated the Planning Commission recommended approval of
this rezoning with three stipulations: (1) compliance with the
site plan submitted with the application; (2j compliance with all
stipulations of the special use permit request, SP #89-12; and (3)
approval of the special use permit request, SP #89-12. She stated
staff is suggesting that the first reading for the rezoning of the
property, as well as the special use permit, not be scheduled for
the Council's consideration until the soil tests are received and
reviewed.
Councilwoman Jorgenson asked when these results would be received.
Mr. Robertson, Community Development Director, stated the
consultinq geologist indicated the report is now being prepared and
anticipated that it would be forwarded to Ashland Oil in the next
several weeks. He stated Ashland Oil will then review it and
submit it to the Pollution Control Agency. He stated as a
FRIDLEY CITY COIINCIL MFETING OF NOVBMBBR 13. 1989 PAGE 6
courtesy, they could, at that time, also submit a copy of the
report to the City.
Mr. Jack Lemley, representing Ashland Oil, stated he hoped the
Council would act favorably on this rezoning request. He stated
as far as the contaminants, they would clean up this site, if they
receive permission to build.
Councilwoman Jorgenson asked if they do not receive approval to
build, if they would still clean up the site.
Mr. Lemley stated he assumes it will be cleaned up, but as of this
time, he has not received any reports. He stated they have been
trying to cooperate and would like to see the issue resolved.
Mayor Nee stated that Mr. Lemley heard residents speak this evening
regarding contaminated soils and the seriousness of the problem.
Councilman Billings stated it is his understanding that the
contaminants were from the previous owners of this site.
Mr. Lemley stated this was also his understanding and the
contamination was from the gas tanks that used to be located on
this site.
Mayor Nee felt the contamination is an issue and relates to the
rezoning and the special use permit.
No other persons in the audience spoke regarding this proposed
rezoning.
MOTION by Cbuncilman Billings to continue this public hearing until
the results of the soil samples have been submitted. Seconded by
Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayar
Nee declared the motion carried unanimously.
2. PUBLIC IiEARZNG ON A REZONING, ZOA #89-05, TO REZONE OUTLOT 1,
NAGEL'S WOODLANDS FROM C-2, GENERAL BUSINESS, TO M-1. LIGHT
INDUSTRIAL, THE SAME BEING 990 OSBORNE ROAD N.E.. BY RMS
COMPANY:
MOTION by Councilman Schneider to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Billings. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing opened at
8:28 p.m.
Ms. Dacy, Planning Coordinator, stated this is a request to rezone
a parcel of property located south and adjacent to Osborne Road
and west of Highway 65. She stated the property is currently zoned
C-2 and the request is ta change the zoning to M-1. She stated
there is M-1 zoning to the west and south and C-2 zoning to the
FRIDLEY CITY COIINCIL MBETINa OF NOV8M8$R 13, 1989 PAGE 7
east. Ms. Dacy stated the property is owned by RMS Company and
they intend to expand their existing facility at this location.
Ms. Dacy stated the Planninq Commission recommended approval of
this rezoning with the following stipulations: (1) a qrading and
drainage plan shall be submitted for approval prior to the issuance
of a building permit; (2) a landscape plan with underground
irrigation shall be submitted for approval prior to the issuance
of a building permit; and (3) the rezoning of Outlot 1 of Nagel's
Woodlands shall be contingent upon approval of the variance
request, VAR #89-26.
Mr. Paul Dahlberg, architect for RMS Company, stated east of this
parcel to be rezoned is a brake shop and the VFW, both zoned C-2.
He stated RMS is expanding their facility into a portion of the
area currently zoned C-2, therefore, the rezoning is requested to
M-1.
No other persons in the audience spoke regarding this rezoning
request.
MOTION by Councilman Billings to close the public hearing. Seconded
by Councilwoman Jorgenson. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously and the public
hearing closed at 8:33 p.m.
OLD BUSINESS•
3. ORDINANCE NO 937 APPROVING THE COMBINATION OF THE
FNVIRONMENTAL OUALITY COMMISSION AND THE ENERGY COMMISSION:
MOTION by Councilwoman Jorgenson to waive the reading and approve
Ordinance No. 937 on the second reading and order publication.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
NEW BUSINESS•
4. CONSIDERATION OF RECEIVING THE MINUTES OF THE PLANNING
COMMISSION MEETING OF OCTOBER 25. 1989:
MOTION by Councilman Fitzpatrick to receive the minutes of the
Planning Commission meeting of October 25, 1989. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
FRIDL$Y CITY COIINCIL MEBTINQ F NOVEKBBR 13, 1989 __ PAGB 8
5. CONSIDERATION OF RECEIVING ITEMS FROM THE APPEALS COMMISSION
MEETING OF OCTOBER 10 1989:
A. CONSZDERATION OF A VARIANCE, VAR #89-26. TO INCREASE THE
RE4UIRED LOT COVERAGE FROM 40$ TO 41.5$; TO REDUCE THE
HARDSURFACE SETBACK FROM A BUILDING FROM 5 FEET TO 3.5
FEET, TO ALLOW THE CONSTRUCTION OF AN ADDITION AT 980 AND
990 OSBORNE ROAD N.E.. BY RMS COMPANY:
Ms. Dacy, Planning Coordinator, stated this is a request for two
variances, to increase the lot coverage from 40 percent to 41.5
percent and, to reduce the hardsurface setback from a building from
5 feet to 3.5 feet. She stated the purpose of the variance for the
setback is to enable the petitioner to provide anqle parking, as
well as the required 18 foot driveway aisle.
Ms. Dacy stated since the Appeals Commission meeting, the
petitioner has prepared a further detailed analysis regarding the
dimensions of the parking space. She stated, in essence, because
of the geometry of the angles and overhang, they can design the
site so there will be a separation between the parking and building
with only a minor variance. She stated what this means is that the
variance can be reduced to 1 and 1/16 inch.
Ms. Dacy stated the Appeals Commission recommended approval of the
variance, as there were no other practical alternatives to
canstruct the addition and provide ample parking. She stated as
far as the variance on the lot coverage, this involves only a 1.5�
variation. Ms. Dacy stated because of the history of lot coverage
variances approved in the past, the Appeals Commission also
recommended approval of this variance. Ms. Dacy stated there were
no stipulations recommended for the variances.
Mr. Dahlberg, architect for RMS Company, stated he understands that
there is 62 feet, 8-1/2 inches of available space. He stated a 20
foot setback has to be provided along the north property line, as
well as an 18 foot driveway aisle, and 19 feet, 8-1/2 inches for
the dimensions of a parking stall on a diagonal. He stated using
these figures would result in a variance of 1 and 1/16 inch. He
stated since the dimensions may not be exactly 62 feet, 8-1/2
inches, they may need a variance for more than 1 and 1/16 inch.
Mr. Dahlberg stated they are still requesting the variance,
however, technically, it will not be a problem. He felt they can
retain the five foot setback without any difficulty.
MOTION by Councilman Schneider to concur with the recommendation
of the Appeals Commission and grant variance, VAR #89-26, to
increase the required lot coverage from 40� to 41.5� and to reduce
the hardsurface setback from a building from 5 feet to 3.5 feet,
FRIDLEY CITY COIINCIL MEBTINQ OF H098MBER 13, 1989 PAQE 9
to allow the construction of an addition. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
H. CONSIDERATION OF A VARIANCE VAR #89-27. TO REDUCE THE
REOUIRED REAR YARD SETBACK FROM 27 FEET TO 21 FEET TO
ALIAW THE CONSTRUCTION OF A PORCH ON LOT 20, BLOCK 1,
RIVER EDGE ADDITION. THE SAME BEING 132 RIVER EDGE WAY
N.E., BY KENNETH ANDERSON:
Ms. Dacy, Planning Coordinator, stated this is a request for a
variance to reduce the required rear yard setback from 27 feet to
21 feet to allow the construction of a three-season porch. She
stated this home is located in an R-3 zoning district with R-1
zoning to the west and north and R-3 2oning to the east. She
stated the parcel abuts Stevenson Elementary School to the south.
She stated the petitioner is also proposing to construct a new
garage and demolish the existing garage.
Ms. Dacy stated the Appeals Gommission recommended approval of this
variance as the parcel has a unique shape and a severe cul-de-sac
radius along the north of the lot. She stated the lot abuts school
property to the south and the Commission felt there were no
practical alternatives to construct the porch and new garage in
order to conform with the requirements of the ordinance. She
stated the petitioner has indicated, as far as the garage, it could
not be located any closer to the street and the size of the porch
would have to be reduced significantly in order to meet the setback
requirements.
MOTION by Councilman Fitzpatrick to concur with the unanimous
recommendation of the Appeals Commission and grant variance, VAR
#89-27 to reduce the required rear yard setback from 27 to 21 feet.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
6. CONSIDERATION OF ENTERING INTO AN AGREEMENT WITH WALTER
RASMUSSEN FOR WILDLIFE USE OF CITY LAND:
Mr. Flora, Public Works Director/City Engineer, stated Mr.
Rasmussen. has requested the Council to consider leasing City
property to him along Springbrook Creek in order to improve the
natural habitat for wildlife. He stated an agreement has been
prepared by the City Attorney's Office and requested that the
Council consider this agreement.
Councilman Fitzpatrick stated it should be noted that Buffalo and
Broad Streets are not through streets, as shown on the map.
MOTION by Councilman Fitzpatrick to authorize the Mayor to enter
into this lease agreement with Walter Rasmussen. Seconded by
FRIDLEY CITY COIINCIL M$BTINa OF NOVEMBBR 13. 1989 PAaB 10
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
7. CONSIDERATION OF RECEIVING AND APPROVING 1990 ANOKA COUNTY
COMMIJNICATIONS WORKSHOP (ACCW) AGREEMENT:
Mr. Hunt, Assistant to the City Manager, stated the Anoka County
Communications Workshop has submitted an agreement for the
Council's consideration to provide for public access services. He
stated this proposal is virtually identical to this year's in that
they are requesting that one-half of the funds from the franchise
fee, amounting to about $34,000, be allocated to the ACCW for their
operating budget. Mr. Hunt stated the franchise fee is their major
source of income.
Mr. Hunt stated staff has no objection to this agreement and
requests the Council consider this request. He stated this
agreement would not bind the Council to any subsequent funds for
other years.
MoTION by Councilman Schneider to authorize the Mayor and City
Manager to enter into this agreement with the Anoka County
Communications Workshop. Seconded by Councilwoman Jorgenson. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
Mr. Paul Kaspszak, Chairperson for the ACCW, thanked the Council
for the funds and stated they will continue to work with the
Council and other organizations in Fridley to provide community
access.
8. CONSIDERATION OF AMENDING CHANGE l?RDER NO. 1 FOR STREET
IMPROVEMENT PROJECT NO. ST. 1989 - 1& 2:
Mr. Flora, Public Works Director, stated at the June 19, 1989
Council meeting, the Council approved Change Order No. 1 to Street
Improvement Project No. ST. 1989 - 1& 2 for an amount of $23,420.
He stated in reviewing the records, the change order processed was
for an amount of $23,595, an increase of $175 from what was
approved by the Council. He stated it appears an error occurred
in identifying the costs of relocating the hydrant for the Northco
project as it showed $1,550 and the actual cost was $1,725.
Mr. Flora requested that the Council consider amending Change Order
No. 1 for this project by changing the dollar figure from $23,420
to $23,595.
MOTION by Councilman Schneider to approve amended Change Order No.
1 for Street Improvement Project No. ST. 1989 - 1& 2 with Gammon
Brothers, by changing the dollar amount from $23,420 to $23,595.
FRIDLEY CITY COIINCIL M$$TINQ OF NOVBMBER 13. 1989 PAGE 11
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
9. RESOLUTION NO 91-1989 CERTIFYING „PROPOSEDn TAX LEVY
�niiTRF.MF.NTS FnR 199n TD THE COUNTY OF ANOKA FOR COLLECTION:
Mr. Pribyl, Finance Director, stated this resolution certifies the
proposed tax levies for 1990, as required by the Truth in Taxation
and the Department of Revenue quidelines. He stated this
resolution rescinds the resolution passed on September 18, 1989
which certified a"proposed" levy based upon the 1988 tax law.
Councilman Schneider asked how this tax levy would affect the
average Fridley resident.
Mr. Pribyl stated the impact on the average home is not available,
but will have the infprmation at the public hearing on the budget.
He stated the City is waiting for information as it relates to the
fiscal disparities distribution. Mr. Pribyl stated with the shift
in � State aids, if increases are passed as savings to the school
district, the bottom line to the taxpayer should be a very small
increase. He stated the local government aids the City was to
receive were given to the school districts, however, this should
reduce their levies. He stated the final outcome will not be known
until everyone certifies their amounts to the County.
MOTION by Councilman Schneider to adopt Resolution No. 91-1989.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
10. RESOLUTION NO 92-1989 AUTHORIZING CHANGES IN APPROPRIATIONS
FOR THE GENERAL FUND GRANT MANAGEMENT FUND, HRA REIMBURSEMENT
FUND CABLE T V. FUND, CAPITAL IMPROVEMENT FUND, CIVIC CENTER
REMODELING FUND AND THE FIRE BUILDINGS FUND FOR THE YEAR 1988:
Mr. Pribyl, Finance Director, stated this resolution amends the
appropriations in the 1988 budget, in accordance with the City
Charter requirements. He stated the adjustments have arisen as a
result of State mandates such as comparable worth, unforseen
expenditures, and miscellaneous costs associated with remodeling.
Mr. Pribyl stated with the implementation of the new budgeting
procedures and upcoming new accounting system, this list should
diminish considerably for adjustments in 1990.
MOTION by Councilman Billings to adopt Resolution No. 92-1989.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
FRIDLEY CITY COIINCIL KEETIN6 OF NOVEMB$R 13. 1989 PAG$ 12
11. CONSIDERATION OF RECEIVING STATEMENT OF CANVASS FOR THE
NOVEMBER 7, 1989 GENERAL ELECTION:
MOTION by Councilman Fitzpatrick to receive the Statement of
Canvass for the November 7, 1989 General Election. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
12. CONSIDERATION OF CHANGE ORDER NO. 2 ON WEST SATELLITE FIRE
STATION FOR S2,365.00 FOR FILL REMOVAL:
Mr. Flora, Public Works Director/City Engineer, stated when plans
and specifications were drafted for the West Satellite Fire
Station, the dirt removal was omitted as landscaping plans were not
completed. He stated the landscaping has now been completed and
it was necessary for some dirt to be removed. Mr. Flora requested
the Council consider this change order for removal of this excess
dirt from the site of the West Satellite Fire Station.
MOTION by Councilman Fitzpatrick to authorize Change Order No. 2
for the West Satellite Fire Station with Dail.ey Construction
Company, Inc. in the amount of $2,365.00 for excess dirt removal.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
13. CONSIDERATION OF RECEIVING BIDS AND AWARDING CONTRACT FOR
INDOOR FIRING RANGE VENTILATION SYSTEM PROJECT:
AND
14. CONSIDERATION OF RECEIVING BIDS AND AWARDING CONTRACT FOR
INDOOR FIRING RANGE E4UIPMENT:
Mr. Sallman, Assistant Public Safety Director, stated bids were
received for the indoor firing range ventilation system and the
firing range equipment. He stated seven bids were received for the
ventilation system and the low bidder was Modern Heating and Air
Conditioning, Minneapolis, for a total bid of $40,950.
Mr. Sallman stated only one bid was received for the indoor firing
range equipment from Caswell International, Minneapolis, in the
amount of $54,345. He stated Detroit Armor of Illinois received
plans, but did not submit a bid.
Mr. Sallman stated the Fridley Police Department currently uses the
Anoka County Firing Range. He stated it is difficult to schedule
the use of this facility and it is currently not operating due to
a hazardous waste concern. He stated the purpose of firearms
training is to assure competency on the part of the police
of f icers . Mr. Sallman stated many pol ice departmer►ts are requiring
their officers to qualify 8 to 12 times per year. He stated,
currently, if an officer is not available for a scheduled training
shoot, it is not rescheduled.
FRIDLEY CITY COUIdCIL MEBTINa OF NOVBl�B$R 13. 1989 PAG$ 13
Mr. Sallman stated staff is recommending that the Council consider
awarding the contract for the ventilation system to Modern Heating
and Air Conditioning and the contract for the firing range
equipment to Caswell International.
Councilwoman Jorgenson asked if this f�ring range would be used
strictly for Fridley police officers, as there will be a shortage
of firing ranges in the event that Anoka County does not re-open
its range.
Mr. Sallman stated the firing range is planned for use just by
Fridley officers, however, if Anoka County does not re-open, there
will be competition for available space.
Councilman Schneider stated the bids received are about 30 percent
over the estimate and only one bid was received for the firing
range equipment.
Mr. Sallman stated there are only two range equipment companies he
is aware of, one is Detroit Armor and the other is Caswell
International. He stated he does not know why Detroit Armor did
not submit a bid. He stated Caswell International's bid was within
the estimate and the overrun was in the ventilation system.
MOTION by Councilman Fitzpatrick to receive the following bids for
the Indoor Firing Range Ventilation System Project:
Modern Heating & Air Conditioning
2318 First Street N.E.
Minneapolis, MN 55418
Pavan Mechanical
554 Broadway �
St. Paul, MN 55101
Yale, Inc.
9649 Girard Avenue S.
Minneapolis, MN 55431
Kumar Mechanical
877 S.W. 3rd Street
New Brighton, MN 55112
O'Brien Sheet Metal
144 Glenwood Avenue
Minneapolis, MN 55405
Master Mechanical
9864 James Circle
Bloomington, MN 55431
$40,950.00
$45,450.00
$43,920.00
$48,888.00
$47,880.00
$42,776.00
FRIDLEY CITY COIINCIL ME$TING OF NOVEMBBR 13, 1989 PAGE 14
Newmech Companies, Inc.
1633 Eustis Street
St. Paul, MN 55108 $49,197.00
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
Councilman Billings asked what funds would be used for the overrun.
Mr. Burns, City Manager, stated he assumes this amount would be
taken from the Capital Improvement Fund.
� Councilman Schneider asked if there is $28,000 in reserve that
could be used for this purpose.
Mr. Pribyl, Finance Director, stated there are sufficient funds in
the Capital Improvement Fund to cover this overrun.
Mr. Burns asked Mr. Pribyl if a supplemental appropriation would
be needed or if the funds can be provided in the existing budget.
Mr. Pribyl stated as long as instructions are given that the
additional costs should be taken from the Capital Improvements
budget, it could be handled in this manner.
Councilman Billings questioned the operating costs for this firing
range, including targets and ammunition.
Mr. Dan Molten stated when they designed the ventilation system,
a cost estimate was done on maintaining the firing range. He
stated the estimate was approximately $8,000 per year for heat, as
there is no air conditioning. He stated this figure was based on
the facility being used 12 hours a day, 5 days a week. He stated
it is now anticipated the facility would be used 5 days a week, 8
hours a day, which would cut the cost by about one-third. He
stated when the firing range is not operating, the temperature
would only be about 45 degrees. He stated a realistic cost for
heat is probably about $5,000 to $6,000 per year.
Councilman Billings asked if they anticipate that the firing range
would be used 40 hours a week.
Mr. Sallman stated it probably would be used two days per week.
Councilman Billings asked if any other additional equipment would
be needed.
Mr. Sallman stated there is the possibility of additional
enhancements in the future. He stated if there are any other
things to be done, in-house labor would probably be used.
Mr. Burns stated as he recalls, ammunition costs were anticipated
in the 1990 budget.
FRIDLEY CITY COIINCIL I�ETIN6 OF NOVBMBER 13. 1989 PAGS 15
Councilman Billings stated he wanted to make sure this is not the
"bare bones" minimum and in the next year or so there may be a
$3,000-$5,000 expense item. He asked Mr. Sallman, to the best of
his knowledge, if he felt this is all that was needed. Mr. Sallman
answered in the affirmative.
MOTION by Councilwoman Jorgenson to award the contract for the
ventilation system for the indoor firinq range to the low bidder,
Modern Heating and Air Conditioning in the amount of $40,950.
Seconded by Councilman Billinqs. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Fitzpatrick to receive the following bid for
the indoor firing range equipment:
Caswell International Corp.
1221 Marshall St. N.E.
Minneapolis, MN 55413-1035 $54,345.00
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Fitzpatrick to award the contract for the
indoor firing range equipment to Caswell International Corporation
in the amount of $54,345. Seconded by Councilwoman Jorgenson.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
15. CLAIMS:
MOTION by Councilman Billings to authorize payment of Claims No.
29100 through 29383. Seconded by Councilwoman Jorgenson. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
16. 7�ICENSES:
MOTION by Councilman Billings to approve the licenses as submitted
and as on file in the License Clerk's Office. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
LI4UOR LICENSE - GEORGE'S RESTAURANT:
Mr. Hill, Public Safety Director, stated six months ago, the
Council approved a conditional six month Iiquor license for
George's Restaurant. He stated the conditional license was
approved due to the concern expressed by the Police Department
relative to the large number of police caZls to this establishment.
He stated George�s Restaurant is now requesting an additior►al six
month license.
FRIDLEY CITY COIINCIL 1�ISETINa OF NOVEMH$R 13. 1989 PAGE 16
Mr. Hill stated his department has reviewed the police activity
over the last six months and is pleased to see there have been some
significant improvements in the operation of this establishment.
He stated there are still some serious concerns because there have
been about 56 incidents in the last six months. He stated there
were 11 assaults on individuals which were of a felonious nature.
He stated other activities involved drug arrests, theft and damage
to property, and 28 miscellaneous crimes.
Mr. Hill stated staff is recommending the Council consider an
additional six month extension on this liquor license, based on the
fact that they have obviously attempted to correct the problems.
He stated, on the other hand, the problem is not corrected to a
degree he feels is acceptable. He stated alonq with granting the
license, George's should be placed on notice, unless there is
continuing improvement over the next six months, it would be his
recommendation not to�consider renewing the license in the future.
He stated in the next six months, if serious incidents should
result which appear to be a lack of control of iridividuals
patronizing this establishment, he would recommend the Council
consider revocation of the license.
Mr. Hill stated he met today with representatives of George's. He
felt it was a successful meeting, involving George, Tony, Jim, and
Tony's wife, as well as the security and the insurance advisor.
He stated the difficulties which have been occurring were reviewed.
He stated he is very optimistic that George's will come up with a
plan of action. He stated he asked them to provide the City with
a letter outlining the discussion at the meeting. He stated,
hopefully, if this plan is initiated, they should be successful in
getting the activities back to a normal level for that type of
operation. He stated their plan included increased security,
lighting, perhaps changing the nature of the operation to a fine
dining facility.
Mr. Hill stated he would recommend, as George's is attempting to
correct the problems, that an additional six month license be
granted, with the understanding it will be under close scrutiny.
MOTION by Councilman Fitzpatrick to issue a six month liquor
license to George's Restaurant, based on the recommendation of the
Public Safety Director, with the warning that if the record does
not improve, it would be the Council's intent not to renew this
license in six months. Further, if there are serious violations
in this six month period, the Council is prepared to revoke the
license. Seconded by Councilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
FRIDL$Y CITY COIINCZL 1dS$TINa OF �OVB�iB$R 13. 1989 PAdB 1?
17. ESTIMATES•
MOTION by Councilwoman Jorgenson to approve the estimates as
submitted:
J.T. Noonan Co., Inc.
3601 48th Avenue North
Brooklyn Center, I�I 55429
Corridor Maintenance Project No. 190
FINAL EBTZMATE . . . . . . . . . . . . . . . $ 6 , 815 . 7 0
Herrick & Newman
6401 University Avenue N.E.
Suite 205
Fridley, 1�T 55432
Services rendered for October, 1989. ....$ 3,537.30
AEC Engineers & Designers
511 Eleventh Avenue South
Minneapolis, MN 55415
3 MG Concrete Reservoir Repair Project
No. 192 (Phase I)
Partial Estimate . . . . . . . . . . . . . . $ 1,766.00
1.5 MG Concrete Reservoir Repair Project
No. 193 (53rd Ave. & Johnson)
Partial Estimate . . . . . . . . . . . . . . $ 5,267.46
Gammon Bros., Inc.
12845 Northdale Blvd.
Rogers, MN 55374
Street Improvement Project
No. ST. 1989 - 1& 2
Estimate No. 7 . . . . . . . . . . . . . . . $119, 401. 09
Daily Construction Company, Inc.
11000 Highway 65, Suite 106
Blaine, MN 55434
Construction of West Satellite Fire Station
Estimate No. 3 . . . . . . . . . . . . . . . $ 47, 797 . 01
Bruce A. Liesch Associates, Inc.
3020 Harbor Lane
Minneapolis, 1�1 55447
Water Quality Study Project No. 195
(Hydrogeologic Analyses) . . . . . . . . . . $ 3,971.95
FRIDLEY CITY COIINCIL ME$TING OF NOVEMB$R 13. 1989 pAGB 18
Seconded by Councilman Schneider. Upon a voice vote, a1Z voting
aye, Mayor Nee declared the motion carried unanimously.
18. CONSIDERATION OF APPOINTMENT TO THE HUMAN RESOURCES
COMMISSION•
Councilman Fitzpatrick stated the Council has received a resume
from Marija Netz, 7776 Alden Way, who has expressed an interest in
serving on the Human Resources Commission.
MOTION by Councilman Fitzpatrick to nominate Marija Netz for
appointment to the Human Resources Commission to fill the seat
vacated by Mr. Campbell. Seconded by Councilwoman Jorgenson.
There being no further nominations, the following action was taken:
MOTION by Councilman Fitzpatrick to cast a unanimous ballot for
the appointment of Marija Netz, 7776 Alden Way, to the Human
Resources Commission; the term to expire April 1, 1992. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
ADJOURNMENT•
MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously and the Regular Meeting
of the Fridley City Council of November 13, 1989 adjourned at 9:31
p.m.
Respectfully submitted,
Carole Haddad William J. Nee
Secretary to the City Council Mayor
Approved:
MEMORANDUM
r,
CITY OF FRIDLEY
PUBLIC HEARING
BEFORE TNE
CITY COlJNCIL
TO WHOM IT MAY CONCERN:
Notice is hereby given tlhat the Council of the City of Fridley will
hold a public hearing at the City Municipal Center, 6431 University
Avenue Northeast on November 20, 1989 at 7:30 p.m. on the question
of issuing an On-Sa]e Beer License to Yung Tae Hoe Restaurant for
the property located at 6440 Univestiy Avenue Northeast.
Anyone having an interest in this matter should make their interest
known at this puhlic hearing.
SHIRLEY A. HAAFALA
CITY CLERK
Publish: November 8, 1989
November 15, 1989
�
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cinroF
F���
DATE:
TO:
� FROM:
SUBJECT:
C0�I/LMUNITY DEVELOPMENT
DEPARTMENT'
MEMORANDUM
November 16, 1989
►a►l�
William Burns, City Managerd�
Jock Robertson, Community Development Director
Barbara Dacy, Planning Coordinator
Michele McPherson, Planning Assistant
First Reading of an Ordinance Approving a
Rezoning, ZOA #89-05, RMS Company
Attached is the ordinance rezoning Outlot 1, Nagel's Woodlands from
C-2, General Business to M-1, Light Industrial. Staff recommends
that the City Council approve the rezoning request, ZOA #89-05, by
RMS Company. Staff recommends that the City Council hold the first
reading of the attached ordinance.
MM/dn
M-89-704
ORDINANCE NO.
ORDINANCE TO AMEND THE CITY CODE OF THE CITY
OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN
ZONING DISTRICTS
The Council of the City of Fridley does ordain as follows:
SECTION 1. Appendix D of the City Code of Fridley is amended
as hereinafter indicated.
Be and is hereby rezoned subject to stipulations
adopted at the City Council meeting of ,
1989.
SECTION 2. The tract or area within the County of Anoka and the
City of Fridley and described as:
Outlot 1, Nagel's Woodlands from C-2 (General
Business) to M-1 (Light Industrial), the same being
990 Osborne Road N.E.
Is hereby designated to be in the Zoned District M-
1 (Light Industrial).
SECTION 3. That the Zoning Administrator is directed to change
the official 2oning map to show said tract or area
to be rezoned from Zoned District C-2 (General
Business) to M-1 (Light Industrial).
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1989.
WILLIAM J. NEE - MAYOR
ATTEST:
SHIRLEY A. HAAPALA - CITY CLERK
Public Hearing: November 13, 1989
First Reading:
Second Reading:
Publication;
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D7�►TE :
TO:
C011/l1VlUN[TY DEVELOPMENT
DE PARTME NT
MEMORANDl1M
November 6, 1989
� q, .
1°
William Burns, City Manager;�
FROM: Jock Robertson, Community Development Director
Barbara Dacy, Planning Coordinator
Lisa Campbel��lanning Associate
�'!
SIIBJECT: Anoka County Solid Waste Joint Powers Agreement
July 1989 to December 1989
On October 24, 1989, the Anoka County Intergovernmental Committee�
and the Anoka County Board of Commissioners approved the Joint.
Powers Agreement for the July 1989 to December 1989 funding period.
The funding terms of the agreement are as follows:
1.
2.
$2,000 base amount
$36.00 per ton per each ton abated through the City'=s
Solid Waste programming up to a maximum amount oi
$23,616.00
Estimated tonnage for the funding period from all programming,,
including the tire collection, is: 645.5 tons. Based on thi:a
amount and the above funding terms, the estimated grant receivec�
by the City will be $25,238.
The attached copies of the Joint Powers Agreements must be executed
before the City will be permitted to apply and receive funds.
Staff recommends that the Council act to approve the agreement and
authorize the City Manager to execute the documents.
LC:ls
M-89-679
JOINT POWERS AGREEMENT
��
THIS AGREEMENT made and entered into on ,
1989, notwithstanding the date of the signatures of the parties, befinreen the COUNTY OF
ANOKA, State of Minnesota, hereinafter referred to as the "COUNTY", and the CITY OF
FRIDLEY, hereinafter referred to as the "MUNICIPALITY".
WtTNESSETH:
WHEREAS, the County imposes a fee of $2.62 per cubic yard at all mixed municipal
waste landfills located within its borders pursuant to Minn. Stat. Section 115A.919 and allocates
a portion of said fee and a portion of the service fee imposed at the Elk River Resource
Recovery Facility to fund local lan�ll abatement activities; and
WHEREAS, Anoka County has applied for and expects to receive Metropolitan Council
funds allocated to Anoka County pursuant to Minn. Stat. § 473.8441, Subd. 5(c), to be
distributed using a performan�e based funding formula for local recycling and composting
programs; and
WHEREAS, the County wishes to assist the Municipality in meeting recycling goals set
forth in the Anoka County Solid Waste Master P(an; and
WHEREAS, the parties are authorized and empowered to enter into this Agreemeni:
pursuant to Minn. Stat. Sections 471.59 and 473.811, Subd. 7.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
in this Agreement, the parties mutually agree to the following terms and conditions:
1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the�
County and the Municipality to implement recycling and yard waste composting programs in�
the Municipality.
2. TERM. The term of this Agreement is from July 1, 1989 through December 31, 1989,
unless earlier terminated as provided herein.
3. PROGRAM. The Municipality shall perform landfill abatement activities substantially as�
set forth in the landfill abatement work plans attached as Exhibit 1, which are made a part o�
this Agreement. The Anoka County Administrator or his designee shall have the authority ta
approve modifications to Exhibit 1 as requested by the Municipality as long as the amouni;
payable under this Agreement for eligible activities set forth in Exhibit 1 does not exceed the�
project maximum established pursuant to Section 6 of this Agreement.
4. REPORTING. The Municipality shall submit the following reports to the County no later
than January 20, 1990:
A. An accounting of the amount of waste which has been diverted hom landfills as�
a result of the Municipality's activities and the efforts of other community programs,
redemption centers and drop-off centers. For community yard waste programs, an�
estimate shall be provided of the number of cubic yards or tons of yard waste brought
�
to a composting site, together with a description of the methodology used for
calculations. For recycling programs, documentation shall be provided showing th�
number of tons of each recyclable material which has been collected and the numbeir
of tons of each recyclable materiai which has been marketed. For recycling programs
run by other persons or entities, the Municipality shall also provide documentatior�
showing that the materials we�e recycled by the Municipality's residents.
B. Information regarding any revenue received firom sources other than the Count�
for landfill abatement activities set forth in Exhibit 1.
The Municipality agrees to furnish the County with additional reports in form and at frequencies
requested by the County for financial evaluation, program management purposes, and reportin,y
to the Metropolitan Council.
5. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoice>
to the County for eligible abatement activities no later than January 20, 1990. Costs not bi(leci
by January 20, 1990 will not be eligible for funding. The invoices shall be paid in accordancN
with standard County procedu�es, subject to the approval of the Anoka County Board o�f
Commissioners.
6. ELIGIBILITY FOR FUNDS. The Municipality is entitled to receive reimbursement fo�r
eligible expenses, less revenues or other reimbursement received, for activities listed in Exhib�t
1 up to the project maximum of $25,616.00 if the Municipality meets certain performance
standards. The actuai project maximum for eligible expenses listed in Exhibit 1 shall b�e
computed as follows:
A. A base amount including any remaining interim funds totalling $2,000.00 fo�r
implementation of a residential recycling program as set forth in Exhibit 1; and
B. Up to $23,616.00 at the rate of $36.00 per ton of residential materials recycle�i
between July 1, 1989 and December 31, 1989, by the Municipality or other community
programs, drop-off centers or redemption centers to the extent that the Municipality
provides documentation acceptable to the County that the recycled materials were
recycled by residents of the Municipality.
The Municipality may request, and the Anoka County Administrator or his designee may
approve in his or her discretion, changes in the line items set forth in said budget so long as
the project maximum computed as set forth in this Section 6.A, is not exceeded.
If landfill surcharge monies, Metropolitan Council Grant monies, and other monies collected b�y
the County and allocated to cities and townships for local landflll abatement activities are
inadequate to meet the County's allocation to the Municipality under this Agreement, the
County may reduce the maximum amount reimbursable under this Agreement after giving
written notice to the Municipality.
7. RECORDS. The Municipality shalf maintain financial and other records and accoun�s
in accordance with requirements of the county and the State of Minnesota. In accordance wi�h
Minn. Stat. § 471.59, Subd. 3, the Municipality shall maintain strict accountability of all funds
2
4C
and maintain records of all receipts and disbursements. Such records and accounts shall b�
maintained in a form which will permit the tracing of funds and program income to final
expenditure. The Municipality shall maintain records sufficient to reflect that all funds received
unde� this Agreement were expended in accordance with Minn. Stat. § 115A.919 and Minn.
Stat. § 473.8441 for recycling/yard waste composting/waste reduction landfill abatement
purposes. The Municipality shall also maintain records of the quantities of materials recycled
or composted. All records and accounts shall be retained as provided by law, but in no event
for a period of less than three years from the last receipt of payment hom the County pursuant
to this Agreement.
S. AUDIT. Pursuant to Minn. Stat. § 16B.06, Subd. 4, the Municipality shall allow the
County or other persons or agencies authorized by the County, Metropolitan Council and th�
State of Minnesota, including the Legislative Auditor or the State Auditor, access to the records
of the Municipality at reasonable hours, including all books, records, documents, and
accounting procedures and practices of the Municipality relevant to the subject matter of thH
Agreement, for purposes of audit. In addition, the County shall have access to the projeci�t
site(s), if any, at reasonable hours.
9. GENERAL PROVISIONS
A. In performing the provisions of this Agreement, both parties agree to comply witF�
all applicable federal, state or local laws, ordinances, rules, regulations or standard�
established by any agency or special governmental unit which are now or hereafter
promulgated insofar as they relate to performance of the provisions of this Agreement..
In addition, the Municipality shall comply with all applicable requirements of the�
Metropolitan Council for the use of funds provided to the Municipality by the County
under this Agreement.
B. No person shall illegally, on the grounds of race, creed, color, religion, sex,
marital status, public assistance status, sexual preference, handicap, age or national
origin, be excluded trom full employment rights in, participation in, be denied the
benefits of, or be otherwise subjected to unlawful discrimination under any program,
service or activity hereunder. The Municipality agrees to take affirmative action so that
applicants and employees are treated equally with respect to the following:
employment, upgrading, demotion, transfe�, recruitment, layoff, termination, selection for
training, rates of pay, and other forms of compensation. The Municipality further agrees
to take affirmative action to incfude the participation of women and minority business
enterp�ises (W/MBE) in the performance of this Agreement, wherever possible. The
Municipality agrees to obtain a Metropolitan Council list of W/MBE's and to make a
good faith effort to include participate by W/MBE's and to make a good faith effort to
include participation by W/MBE's for any contract to be let in performing the activities
contemplated by this Agreement.
C. The Municipality shall be responsible for the pertormance of all subcontracts and
shall ensure that the subcontractors perform fully the terms of the subcontract. The
Ag�eement between the Municipality and a subcontractor shall obligate the
subcontractor to comply fully with the terms of this Agreement.
3
D. It is understood and agreed that the entire Agreement is contained herein andl
that this Agreeme�i supersedes a!! ora! and mitten agreements and negotiations
between the parties relating to the subject matter hereof.
E. My amendments, alterations, variations, modfications, o� waivers of this
Agreement shatl be valid only when they have been reduced to writing, duiy signed by
the parties.
F. Contracts let and purchases made under this Agreement shall be made by the
Municipality in conformance with all applicabie laws, �ules, and regulations.
G. The provisions of this Agreement are severable. If any paragraph, section,
subdivision, sentence, clause or phrase of this Agreement is for any reason held to be
contrary to law, such decision shall not affect the remaining portion of this Agreement.
10. PUBLICATION. The Municipality shall acknowledge the financial assistance of the
County and the Metropolitan Council on all promotional materials, reports and publications
relating to the activities described in Exhibit 1.
11. INDEMNIFICATION. The County agrees to indemniiy, defend, and hold the Municipalit�/
harmless from alt claims, demands, and causes of action of any kind or character, including
the cost of defense thereof, resulting from the acts or omissions of its public offlcials, officers,
agents, employees, and contracto�s relating to activities performed by the County under this
Agreement.
The Municipality agrees to indemnify, defend, and hold the County harmless from all
claims, demands, and causes of action of any kind or character, including the cost of defense
thereof, resulting from the acts or omissions of its pubtic officials, otficers, agents, employees,
and contractors relating to activities performed by the Municipality under this Agreement.
The provisions of this subdivision shall survive the termination or expiration of the te�m
of this Agreement.
12. TERMINATION. This Agreement may be terminated by mutual written agreement of the
parties or by either party, with or without cause, by giving not less than seven (7) days written
notice, delivered by mail or in person to the other party, specifying the date of terminatioru.
If this Agreement is terminated, assets acquired in whole or in part with funds provided under
this Agreement shall be the property of the Municipality so long as said assets are used by
the Municipality for the purpose of a landfill abatement program approved by the County.
4
4D
IN WITNESS WHEREOF, the parties hereunto set thei� hands as of the dates written below:
COUNTY OF ANOKA
By:
Dan Erhart, Chairman
Anoka County Board of Commissioners
Date:
ATTEST:
John "Jay" McLinden
County Administrator
Date:
Approved as to form and legality:
Assistant County Attorney
5
CITY OF FRIDLEY
By:
Name:
Titie:
Date:
Municipality's Cterk
Date:
Approved as to form and legality:
l: �PCHjRECYCL89.JPA
CIPCHIRECYCL89.VA14
4E
EXHIBIT t
LANDF{lL ABATEMENT ACTIVITIES WORK PLAN fOR ANOKA COUNTY
JULY 1, 1989 TO DECEMBER 31, 1989
CITY(TOWNSHIP PHONE _
ADDRESS ZIP
CONTACT PERSON _
DESCRIPTION OF ABATEMENT ACTIVITIES
RESIDENTIAL _
Curbside Hauler Cost Per House
Frequency Container Type _
Dropoff Address Days/Hours
COMMERCIAUINDUSTRIAL
CITY HALL PROGRAM ,
YARD WASTE COMPOSTING
Collection Hauler Cost Per House .
Containers Used
DESCRIPTION OF PUBUC EDUCATION AND PROMOTION PROGRAMS
Promotion Methods: Newspaper Newsletter .
Special Mailings Other
(Please Indicate How Often)
4F
TONNAGE GOAL FOR JULY 1- DECEMBER 31
EXPENSES ESTIMATED FOR THE PERIOD JULY 1- DECEMBER 31
Curbside collection contract total: 7-1-89 to 12-31-89
Cost per month $ X 6 months = _
Containers: Number X Price
Salary of Recycling Coordinator: 7-1-89 to 12-31-89
% of time spent on recycling
Salaries of Other Employees: 7-1-89 to 12-31-89
Position % of time
Position % of time
Position � °k of time
Equipment (Specity)
Postage (Number of mailings )
Printing
Site Preparation/Maintenance - Recyclable Dropoff
Other (List)
Revenue from sale of recyclables, grants, resident
fees, or from any community group
SUBTOTAL
0
TOTAL ESTIMATED COST
SUBTOTAL MINUS REVENUE _
4G
�
CITY OF FRIDLSY
CAT9 ADVI80RY COMMIBBION� OCTOBER 19, 1989
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CALL TO ORDER•
Vice-Chairperson Hughes called the October 19, 1989, CATV Advisory�
Commission meeting to order at 7:32 p.m.
ROLL CA7�L:
Members Priece�nt :
Members Absent:
Others Present:
Barbara Hughes, Burt Weaver, Duane Peterson,
Robert Scott
Ralph Stouffer
Clyde Moravetz, City of Fridley
Mark Hammerstrom, Nortel Cable
APPROVAL OF AUGUST 17 1989 CATV ADVISORY COMMISSION MINUTES:
MOTION by Mr. Scott, seconded by Mr. Peterson, to approve th�
August 17, 1989, CATV Advisory Commission minutes as written.
IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERBON HIIGHES DECLARED
THE MOTION CARRIED IINANIMOOSLY.
APPROVAL OF AGENDA:
The following items were added to the agenda:
III.E. - Discussion regarding ACCW and the City 1990
Agreement
V.A - Establish Meeting Dates for 1990
MOTION by Mr. Weaver, seconded by Mr. Prairie, to approve the
agenda as amended.
IIPON A VOICE VOTE, ALL VOTING AYB� VICB-CHAIRPERSON HOGHES DECLARED
THE MOTION CARRIED IINANIMOIIBLY.
I. NORTEL CABLE REPORTS:
A. Rebuild Dpdate
Mr. Hammerstrom stated that the good news is that
November 1, 1989, they will essentially be done with th.e
rebuild, with the exception of the wreck-out of the old
cable system. That means all construction is finishedi,
the splicing is finished. As of right now, they have a
5A
CATV ADVISORY COMMISSION ME$TING PAG$ 2
few more drops to swing over to the new system, but that
will be done within the next few weeks. All the
converters are out; all the head-end additions will be
on by November 1. At the moment, there are no
outstanding damage complaints.
Mr. Moravetz stated he did receive a few telephone calls
about some cable left in yards, but those were later
picked up.
Mr. Weaver asked if the tear down of the old system was
part of the rebuild, or is that a separate schedule?
Mr. Hammerstrom stated as far as the old schedule was
concerned, the tear down of the old system was scheduled
to start about January after everything else was done.
So, they will be starting that now.
Mr. Weaver asked if Nortel planned to add staff to answer
telephones following the cutover. He could see that as
a real peak time for subscriber uncertainty.
Mr. Hammerstrom stated the actual cutover, for all
intents and purposes, is done. There is about a week's
worth of drops left to swing, and then everyone will be
on the new system.
Mr. Moravetz suggested that Nortel publish the new cable
TV schedules in the Fridley Focus before November 1,
1989. This would help inforr.t people of the channel
changes.
Mr. Hammerstrom stated that is a good idea, and he would
contact the Focus to see if they would do that.
Otherwise, they will probably have the new schedules on
their new LO channel as well. The actual channel changes
that will take place are very few. Most of the channels
they have now are in their "permanent" locations.
B. October Operations IIpdate
Mr. Hammerstrom stated that report dated September 29,
1989, was submitted as required by the Section 405.08
(4) of the cable television franchise. It was a general
update on the rebuild and anticipated business activity
October 1989 to March 1990.
C. Service Response and Rebate Policy
Mr. Hammerstrom stated the "Service Response and Rebate
Policy" was included with the October billing. Once a
�
CATV ADVISORY COI+II+IISSION MEETING PAGB �
year they will be publishing their rebate policy. It i:�
a formal statement that if a subscriber is completel!�
without cable service on all cable channels and Norte:l
is notified of the outage and Nortel is unable to correc�t
it within 24 hours, they will credit the subscriber's
account for the amount of time they were without service.
He stated they are actually more liberal than the polic��
indicates.
Mr. Hammerstrom stated this next month Nortel is no�a
required by the FCC to include notification about the
requirements the FCC has now placed on cable systems t��
educate subscribers regarding AB switches.
Mr. Hammerstrom stated that back in the first part o:f
the 1980's, cable was considered to have a compulsor:y
license to carry the local broadcast channels. I�n
exchange for that, they don't have to pay them subscribe:r
fees like they do for CNN or WPBS. There was finally �a
court decision not too long ago that said, no, a cabl�e
operator does not have to carry these stations, and the;y
have a right to pick and choose, drop, add, etc. Most
of it was a reflection of east coast systems that had 3�-
4 CBS' s and 5 NBC' s because they were so crowded togethe:r
and a whole channel line-up was filled with independen�t
stations and numerous network stations because of these
"must-carry" rules.
Mr. Hammerstrom stated that to avoid all the craziness
that ensued from this decision, a compromise was worke�d
out between the National Cable Television Association an�d
National Association of Broadcasters that cable operators
would notify once a year all existing subscribers that
if subscribers desire to receive channels which a cable
system does not carry, they are be required to purchase
an AB switch which works in conjunction with their
antennae so they can pick up an off-air channel.
Mr. Hammerstrom stated Nortel will be carrying all the
major off-air stations as of November 1, 1989, yet they
are still required to notify their subscribers of this
AB switch. It is a lengthy notice with a coupon for
ordering, and it is a mess. If the Commission members
do get questions regarding it, they could refer those
questions to Nortel. The long and short of it is that
the customers really do not need a AB switch. It won't
get them any more than they are getting now. It is
really only of value for subscribers in a system where
there are numerous off-air channels the subscribers could
still receive if they did not have cable.
5C
CATV ADVISORY COlrII�ISBION MEET2Na P1�G8 4
D. Channel Line-up Brochure
Mr. Moravetz stated this was in the agenda packet for the
Commission's information.
8. Beptember 18th Bloodmobile 8upport Letter to 1�CCW
Mr. Moravetz stated this was a letter from Mark
Hammerstrom to Michelle Glynn at ACCW confirming Nortel's
support of the Halloween Bloodmobile at the Nortel office
on October 31, 1989.
F. Channel Line-up and Rates Memo
Mr. Moravetz stated this memo was dated September 14,
1989, and was mailed out to the Commission members
earlier. It gave a listing of the rates in July 1988,
August 1988. Although there is a decrease in premium
services, as noted in the 15 months that have elapsed
since July 1988, there has been a 50$ increase in the
basis service.
Ms. Hughes stated this is something the Company has to
advise the Commission, but neither the Commission or the
City have any veto power over it.
Mr. Moravetz stated there is talk that the Federal
Legislature will perhaps revisit that Cable Act of 1984;
and there might be some proposed legislation giving back,
not necessarily complete rate regulatory control, but at
least an option that cities may regulate rates if they
so desire.
MOTION by Mr. Weaver, seconded by Mr. Scott, to receive
the Rebuild Update, the October Operations Update, the
Service Response and Rebate Policy, the Channel Line-up
Brochure, the Bloodmobile Support letter dated September
18, 1989, and the Channel Line-up and Rates Memo dated
September 14, 1989.
IIPON A VOICE VOTE, ALL VOTING l�YE, VICE-CHAIRPERSON
BIIGHEB DECLARED THE l�iOTION CARRIED DNANIMODSLY.
G. 3rd Quarter 1989 Franchise Fee
Mr. Weaver asked if the Commission could be informed as
to where this money goes.
Mr. Moravetz stated 50� of it goes to ACCW for government
channel equipment, etc., and the other 50� includes some
staff time. It is segregated in the general fund and is
strictly earmarked for cable TV-related activity. At
5D
CATV ADVZSORY COMMZSSZON MEETING PAGS 5
year's end, he has usually provided the Commission with�
department expenses.
MOTION by Mr. Peterson, seconded by Mr. Weaver, tc►
receive the 3rd Quarter Franchise Fee in the amount of`
$15,911.28.
UPON A VOICB VOTS, l�LL VOTING AYS, VIC$-CSAIRPERSOI�i
HIIGHEB DECLARED TH8 MOTION CARRI$D IINANIMOIISLY.
II. FRIDLEY CABLE CONSORTIUM:
MOTION by Mr. Scott, seconded by Mr. Peterson, to receive thE:
September 27, 1989, Fridley Cable Consortium minutes.
IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CBAIRPERSON HLTGHEB
DECLARED THE MOT�ON CARRIED IINANIMOIISLY.
III. ANOKA COUNTY COMMLJNICATIONS WORKSHOP:
A.
B.
C.
8eptember li, 1989, Bloodmobile Information
Mr. Moravetz stated this was a letter from ACCW invitinq
the Commission members to participate in the Halloweeri
Bloodmobile on October 31, 1989, at Nortel Cable.
MOTION by Mr. Weaver, seconded by Mr. Peterson, tc+
receive the September 11, 1989, Bloodmobile information.
IIPON A VOICE VOTE, l�LL VOTING liYE, VICE-CHAIRPERSOI�
HIIGHES DECLARED THE MOTION Cl�RRIED IINANIMOIISLY.
Receive 3rd Quarter Report
MOTION by Mr. Peterson, seconded by Mrt Weaver, tc�
receive the 3rd Quarter Report.
IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSOI�
HIIGHES DECLARED THE MOTION CARRIED ONANIMOIISLY.
1989 Grants and Doaations IIpdate
MOTION by Mr. Weaver, seconded by Mr. Scott, to receivE
the 1989 Grants and Donations Update.
IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CBAIRPERSOI�
HOGHES DECLARED THE MOTIOI� CARRIED ONANIMOIIBLY.
CATV ADVISORY COMZ�IISBION M8$TING PAG$ 6
D. 8eptember/october Director�s Report
OM TION by Mr. Scott, seconded by Mr. Weaver, to receive.
the September/October Director's Report.
IIPON � VOICE VOT$, ALL VOTZNG �YE� VICg-CHAIRPER80�
HIIG8E8 DECLARED T8$ MOTION C�RRI$D IINANIMOOBLY.
E. Discussioa reqardinq �CC11 aad the City 1990 Aqreement
Mr. Moravetz stated the agreement has been basically the
� same for several years. Last year the percentage was
changed from 40� to 50$ of the franchise fee to be
allocated to the ACCW. He is recommending the Commission
recommend that the agreement remain the same with 50�.
He would like this to be put on the November 13, 1989,
Council agenda.
Mr. Weaver stated he would like to see them go with 50�
again.
MOTION by Mr. Weaver, seconded by Mr. Peterson, to
recommend the extension of the ACCW and City 1989
Agreement for 1990 with 50� of the franchise fees being
allocated to the ACCW.
IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON
HIIGBEB DECLARED TSE MOTION CARRIED IINANIMOUBLY.
IV. OTHER BUSINESS:
A. Establish Meetinq Dates for 1990
The suggestion was made that the Commission begin meeting
quarterly on the third Thursday at 7:00 p.m.
Mr. Hammerstrom stated that he will send out a brief
monthly update to the Commission members.
Mr. Moravetz stated staff will call a special meeting if
needed, but he would also encourage Commission members
to present items for discussion.
The Commission members agreed to the following tentative
1990 quarterly meeting dates:
January 18, 1990
April 19, 1990
July 19, 1990
October 18, 1990
5E
CATV ADVISORY COI+II+IZ88ION MEETIHG PAG$ 7
Ms. Hughes stated that the election of chairperson and
vice-chairperson should be held at the April 1990
meeting.
ADJOURNMENT•
MOTION by Mr. Scott, seconded by Mr. Peterson, to adjourn the
meeting. IIpoa a voice vote, all votinq aya, vice-Chairperson
Huqhea declared the October 19, 1989, CPiTV l�dvisory Commission
meetiaq at 8:25 p.m.
Re pectfully s bmitted,
Ly, Saba
Recording Secretary
5F
�•J
TO:
FROM:
CITY OF FRIDLEY
M E I�i O R A N D U M
�.1"
WILLIAM W. BIIRNB, CITY MANAGER,�
RZCHARD D. PRIBYL, FINANCE DIRECTOR
SHARON FETTING, STAFF ACCOUNTANT
SUBJECT: 19g0 BODGET ORDINANCE
DATE: NOVEMBER 16, 1989
Attached is the ordinance to adopt the 1990 budget. It should be
presented to Council for the public hearing and first reading on
November 20, 1989.
These revenue line items have increased (decreased) by the
following amounts since the preliminary budgets were presented in
August:
1. Current Ad Valorem $ 436,788
2. Homestead and Agriculture Credit Aid 286,097
3. Local Government Aid (800,445)
4. General Fund Reserve 77,560
These changes were made due to the changes in property tax
legislation enacted during the special legislative session.
FOR CONCURRENCE BY THE CITY COUNCIL
FRlDLEY November 20, 1989
Type of License: B�
CHRISTMAS TREE LOT
Patrick Nooney Tree Farm Patrick Nooney
i034 No. Shore Dr.
Monomonie, WI 54751
CIGARETTE
Joe DiMaggio Inc. Joe DiMaggio
1298 E. Moore Lk.Dr.
Fridley, Mn. 55432 .
Strite-Anderson ARA Services
7585 Viron Rd. N.E. �
Fridley, Mn. 55432
FOOD ESTABLISHMENT
Joe DiMaggio Inc. Joe DiMaggio
1298 E. Moore Lk.Dr.
Fridley, Mn. 55432
ITINERANT FOOD PERMIT
Approved By;
Richard Larson
Fire Inspector
8
LZCEN8E8
Fees:
$200.00
(Deposit) $100.00
James P. Hill
Public Safety Director
James P. Hill
Public Safety Director
St.W�lliams Catholic Church Delores Steinert
6151 University Ave. N.E.
Fridley, Mn. 55432
OFF SALE BEER
Yung Ta Hoe Restaruant Yung Su Tak
6440 University Ave.N.E.
Fri dl ey, ��1n . 55432
ON SALE LIQUOR AND SUNDAY ON SALE LIQUOR
Joe DiMaggio Inc. Joe DiMaggio
1298 E. Moore Lk. Dr.
Fridley, Mn. 55432
$12.00
$12.00
$35.00
Asking Fees
to be waived
James P. Hill $162.50
Public Safety Director
James P. Hill �3,208.37
Public Safety (Sunday) $200.00
Director
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REBOLUTION N0. _93 - 1989
` A RE80LUTION NOMINATINa CERT�IN CITIZENS
OF FRIDLEY TO SERVE ON THS BOARD OF MANAQERS
OF THE RICE CREBR 11ATERSHED DISTRICT
10
WHEREAS, portions of the City of Fridley lie within the Rice Creek
Watershed District; and
WHEREAS, it is
of Managers of
Fridley; and
fitting that the City be represented on the Board
the Rice Creek Watershed District by a resident of
WHEREAS, three qualified residents of the City of Fridley have
indicated their willingness to serve on the Board of Managers; and
WHEREAS, the Anoka County Board of Commissioners is the appoir�ting
autharity for the Board of Managers of the Rice Creek Watershed
District;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Fridley that the following residents.of the City of Fridley who
also reside within the boundaries of the Rice Creek Watershed
District be nominated to serve on the Board of Managers of the Rice
creek Watershed District:
Wade Savage
567 Rice Creek Terrace
Fridley, MN 55432
Scott Lund
580 - 69th Avenue N.E.
Fridley, MN 55432
Roger Kaye
585 Rice Creek Terrace
Fridley, MN 55432
BE IT FURTHER RESOLVED that these names and accompanying resumes
be submitted to the Anoka County Board of Commissioners far
consideration for appointment to the Board of Managers of the Rice
Creek Watershed District.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
20TH DAY OF NOVEMBER, 1989.
WILLIAM J. NEE - MAYOR
ATTEST:
SHIRLEY A. HAAPALA - CITY CLERK