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05/13/1974 - 5485PATRICIA RANSTROM COUNCiL SECRETARY PUBLIC HEARING ME�TING MAY 13, 1974 ,1 � 1 � ' ' ' ' FRIDLEY CITY COUNCIL - PUBLIC HEARING MEETING - MAY 13, 1974 - 7:30 P.M. ■ • ' ' � PLEDGE OF ALLEGIANCE: ROLI CALL: ADOPTION OF AGENDA: � PROCLAMATION: 7:30 Given All present r Added: 6. Nature Interpretive Program 7. idorth Park Development 8. Special Approval to Fridley Jubilee Committee to Set Up Banners and Other Signs in Public Areas. Proclaiming May 12 - 18, 1974 as "POLICE WEEK". ... Adopted. PUBLIC HEARiNGS: Public Hearing on Street Improvement Project No. ST. 1973-1 . . . . . . . . . : . . . . . . . . . . 1 2 - 2 C Pub7ic Hearing opened at 7:32 P.61., closed at 9:28 P.P�1. Complaint concerning dip or ]ow area in Pilot Avenue. Complaints about poor sod in Panorama area. Property owners on Trinity concerned about possible. installation of sidewalk, but not �n p7ans. Comp7aint about broken aspha1t and concrete being dumped in vacant lot, City to notify property owner to cover and sod this area. Problem reported concerning drainage of Sy7van Lane, Assistant Engineer to check problem. Designware expressed concern at assessment of 2/3 of assessment. Compiaint about elevation of 77th, same elevation as floor of building. Councilmen--complaint about overlay on 73rd Avenue throwing cars. Uick Harris pointed out that Council by resolution said there would be a credit for mat on 78th. Public Hearing on Street Improvement Project ' No. ST. 1973-2 . . . . . . . . . . . . . . . 3 - 3 A Hearing opened at 9:29 P.M., closed�at 9:36 F�.f�1. Dick Harris said he would protest the high amount of assessments on Main Street North of 79th. � ' � ' PUBLIC HEARING MEETING, MAY 13, 1974 PAGE 2 ' ' OLD BUSINESS: Consideration of Variances Requested for a ' Residence on Lots 34 and 35, Block A, Riverview ' Heights Addition; 312 Hugo Street N. E. (Tabled _ May 6, 1974) . . . . . . . . . . . . . . . . . . . . . . . 4 4 M Council reaffirmed previous act9on and denied the request for the variance to build on the 50 foot lot. Request for aid in contacting State Highway Department by Mr. Gary Barker, � 5800 3rd Street, concerning usage of motor on bicycle. City Attorney directed to make quarry in writing, without endorsement, to Minnesota High�vay Depar:tment and State Attorney General concerning the use of the motor. NEW BUSINESS: Consideration of a Resolution Appraving and Authorizing Signing the Agreement Establishing Working Conditions, Wages and Hours of Employees of the City of Fridley Fire Department for the Year 1974 . . . . . . . . . . . . . . . . . . . . . . . . . 5 - 5 Z Reso]ution #54-1974 adopted. tJature Interpretive Program: Council received and concurred in memorandum presented by City Manager, Puints one to three. (Jorth Park Development: Resolution to request that the Environmental Quality Council Postpone its Final Deci'sion on the Environmenta7 Impact Statement for the Use of North Park: Resolution #53-1974 adopted, Councilman Nee�voted nay. Council took action ' -� to delete the preparation of the pre7iminaty plan for the golf course and the�hiring of an architect until after the referendum. ' ' Special Approval to Fridley Jubilee Committee to Set Up Banners and Other Signs in Public Areas: Approved. Adjourn: 10:55 P.i�1. � � ' �� ' , i ' I ' ' (, V k - THE NIINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 13, 1974 The Public Hearirg Meeting of the Fridley City Council of May 13, 1974 was called to order at 7:30 P.P�1. by i�iayor Liebl. PLEDGE OF ALLEGIANCE: htayor Liebl led the Council and the audience in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Councilman Starwalt, ��layor Liebl, Councilman Utter. Councilman Nee, and Councilman Breider. MEMBERS ABSENT: None. ADOPTION OF AGENDA: � Mayor Lieb7 said the following items were to be added to the agenda: #6 Nature Interpretive Program #7 North Park Development #8 Special Approval to Fridley Jubilee Committee to Set Up Banners and Other Signs in Public Areas. • ' Pi0TI0N by Councilman Stark�alt to adopt the agenda with the additions listed by Mayor Liebl. S�conded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. PROCLA�MTION: - PROCLAMING MAY 12 THROUGH MAY 18, 1974 AS "POLICE WEEK": f+lOTION by Councilman Utter to adopt the Praclamation designating May 72, 1974 through May 18, 1974 as "Police Week". Seconded by Councilman Starwali. Upon a voice vote, all voting aye, iiayor Liebl declared the motion carried unanimously. PUBLIC HEARINGS: PUBLIC HEARING ON STREET IMPROVEMENT PROJEGT N0. ST. 1973-1: ii0TI0N by Councilman Breider to waive the reading of the Public Hearing Notice. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing opened at 7:32 P.M. NORIZON DRIVE: THIRD STREET TO 53RD AVENUE: The Assitant Engineer, P1r. Dick Sobiech, stated this was in the Summit Manor area and the final price per foot for the front assessment wou7d be $12.08 and the estimated amount at the preliminary assessment hearing had been $13.60. He pointed out that the side yard assessment would be $2.06 per foot. • Mayor Liebl asked if there were any questiones concerning this area and there was no response. • � HUGHES AVENUE: PA�dORAMA AVENUE TO HORIZON DRIVE: The Assistant Engineer said this area was within the same project and the assessment amounts would also be $12.08, fron�, and $2.Oo per foot for the side yard assessment. There were no questions or complaints concerning this area. � CLEARVIEW LANE: PANORAMA TO HORIZON DRIVE: The /lssistant Engineer said this would be the same amount as the previously mentioned areas. Tiiere was no response when Mayor Liebl asked if there was any questions concerning this area. TOPPER LANE: HORIZON DRIVE TO 300 FEET SOUTH: i The Assistant Engineer said this would be the same amount. . • � . I i ; __ _� � i ' � ; � � � 202 PUBLIC NEARING.MEE7ING OF MAY 13, 1974 PAGE 2 i�ir. Raymond Smith, :i060 Topper Lane, addressed the Council and questioned the method of assessment on the circ7e. He said he had a 50 foot frontage lot and was being assessed for 75 feet. The.Assessor, f�:r. '+•1ervin Herrmann, stated it was a matter of policy to assess the pie shaped and odd shaped lots at the setback line to equalize the assessments in the area. Tne City Attorney further explained it would not be fair to the remainder of the people of the area if the assessments were figured on the small amount of front footage, when tlie people on the cul-de-sac use the roadway to the same extent and also have very large lots, He said this is the reason the assessment is f�gured at the setback line. He pointed out that the people living on the circle would be paying an amount equal to the improved roadway. A member of the audience asked it it would be possible to access these properties on a square foot basis. The City Attorney explained that this would not be a fair method of assessment because lots vary so much in size, and it would not be fair to assess a person with two acres for the usage of the roadway four times as much as someone with one fourth the mount of property. He stated, the ]arge property would not use the roadway four times as much. � Another resident of Topper Lane questioned if this was a fair way of assessing , the circle when the total roadway on the circle wou1d be smaller than the area of the straight road. He said his assessment is $1,Uo0.50 and he believed there was less road constructed on the circ7e by his home than there was for someone with a 75 foot frontage. The Assessor pointed out that� the cul-de-sac area is twice as wide as a normal section of roadway because there is a 40 foot radius, or this would be 80 feet in width. Ne stated the amount of area covered 4rould be very c7ose to the same amount as in the straight sections. He also pointed out that everyone uses the r°emainder of the road and those living on the circle would need this sectian for access and egress. He stated, they would not be able to drive out of the circle, and those on the cul-de-sac would have to help pay for the balance of the street. A resident of the area asked if the total cost of the circle or the section of road were added together and divided by the number of homeowners, would the tatal assessment come out to be approximately equal to the assessments received by the people of the area. The City Assessor pointed out that the project had been figured together because the people of the area all received the same benefit for the installation of the improvement. hle also explained when some are assessed 35 feet back or at the setback line, and others with the larger frontage are assessed for the front footage, this equalizes the assessnient which makes them in line with the amount of benefit received. He repeated the po7icy of assessment of the pie shaped and odcl shaped lots in the City of Fridley. < Mr. Smith further commented that those in this area had already puid for the construction of the roa�t�ays that had been installed by the developer of the area. He s�tated, they were paying for streets twice. The Assessor said the City follows the previously described policy to try to equalize the amount of the assessments just as the contractor had in the development of the area. Mr. Smith said he believed those on the circle were being penalized for having less frontage. Nnother property owner in the audience stated comparing the assessment figures for the area, it seemed those living on the corner lots were paying almost double the amount of those in the center of the block. The Assessor agreed, saying the corner lots would receive a much larger assessment. A resident of the area said he would like to bring it to the Council's attention that there are large cracks in the roadway on Horizon Drive where it meets 3rd Street. He said he believed this section cf roadway �vas already deteri�rating. PANORAMA AVENUE: i1AIN STREET TO THIRD STREET: The Assistant Engineer said this was also the same price per foot as the previously mentioned areas. The City Manager said all those streets in this grouping, a total of about ten, had been determined as the same type of construction and figured the same. Mayor Liebl asked if there were any questions concerninc� this area and there was no response, _ � � � � i � � , - , ,. , ' , ' ' ' PUBLIC HEARIiVG MEETING OF MAY 13, 1474 GiBRALTAR ROAD: ROMAN ROAD TO 550 FEET WEST: PAGE 3 Mayor Liebl asked if there were any comp]aints concerning the quality of the construction in this area: 20� A resident asked if his assessment in the amount of $1,060.50 was a fair and , reasonable amount, The Assessor explained the lowest assessment in this area would be $906 and this ���ould be for the 75 foot lots where there is no side yard assessment, He explained the next assessment would be $1,060.50, or the amount the resident had been assessed. Ha said this would be one of the minimum assessments. ' , �� ' ,. The resident asked if interest would be charged for ten years if the total assessment ' was not paid at this time, i��r: 6runsell explained that the interest rate would be � 72q for the period of ten years. He said the interest would accrue from the date of the pub7ic hearing on the final assessment roll. He said the residents are ' allowed 30 days in which to pay the assessments without the charge or" interest. He , further explain�d it s�aould be possible to pay a substantial portion.of the total ' assessment at the present time t�tithout the interest being charged. He pointed out that the minimum payment wou7d be $300, He further explained, if the 7ump sum payment is not made, or if anly a partial payment is made, the interest on the balance would be figured at 72% from May 13, the date of the hearing. '� i , , i i � , I .i I 1 ! i' ; ' � ' � i ' ; ' ' � � � ' I I ' i A resident of the area asked if those assessed would have the option io pay the total or lump sum at the present time, or be billed on the tax statements each year for ten years. TFie Assessor said there would be two options, if the amount is not paid in fu71 before the end of the 30 day period, the remaining amount wou7d be billed with the tax statement. He said the entire amount could be paid no�a, a portion of the amount could be paid now, or the remainder would be paid by the y�ar uni:ii the balance is paid. He said this amount would be reported on the tax statement twice a year and paid like the real estate taxes. Ne said this money is not paid directly to the City at these times. .A resident asked if it would be possible to pay one half of the amount and have the remainder of the assessment be placed on the tax statement. The Assessor said this wouid be possible, Mayor Liebl asked if there were any other questions from the residents ot' this area and there was no response. PILOT AVENUE: i'�AIN STREET TO ROMAN ROAD: F�lr. C7arence Krueger, U 3 Pilot Avenue, addressed the Council and said there is a crack in the roadway in front of his home. Fle said there is a dip in the road where water stands in the street. iie said the road had this low area before the im�rovement, and this is why the improvement had been petitioned for. He said the frost is breaking up the roadway. He said before the construction, the water ran down the street, now it runs into his yard. Counci7man Nee asked Mr. Krueger if he is be7ow the grade of the street. Mr. Krueger explained with a good rain �vhere the roadway is only half full, the water wili run right by, but some of the time it runs straight into his yard. Mayar Liebl pointed out that Pilot Avenue slopes from Main Street to Roman Road and the water should run•to the east, but runs into the Krueger driveway. Mr. Krueger said this would be during a heavy rain. Mayor Liebi said this was to be a crown shaped road where the water wou7d run on both sides of the street. Councilman Nee asked if the problem was caused by the curbing being cut too lew. iir. Krueger said this would be the problem. ��ir. Krueger said he would like to see this area fixed, but he could live with this if it was not possib7e at this time. iir. Krueger pointed out on the map of the area how the roadway makes the same dip as the elevation of the surrounding land. He said this water farms a lake in the Spring untii the frost is out of the ground and the water disappears. fie said in the construction of the street, the same dip was followed. The Assistant Engineer said he would like the address of the residents and the area which was being discussed and he would view the problems in the field and make a determination, i�ir. Krueger said the dip had been made to follow the lot lines. i i ; _, r � ;� � �. : �, � �. f 4 s � � 204 PUBLIC HEARIfJG MEETING OF MAY 13, 1974 PAGE 4 The City Manager said if there is any problems in the constru �ion of tye improvement project, they should be reported to the City Engineer and they would be corrected. The City Manager further exolained that the City has a time period of one year maintenance bond from the �antractor to correct the problems. N1r. Krueger said there was the same problem with the old road, it was the same way. He said in the spring and winter months, the �ti�ater stands in this area until the frost is out. Another resident of the area asked if there would be some sort of sea1coating placed on the street. The City Manaeer said it is the policy of the City to sealcoat every improved street in the City every so often. He said this cost of the improvement of sealcoating would be taken from the general fund and not assessed to the.abutting residents. ihe resident reported that there are some cracks in the road. Mayor Liebl said these cracks would have i:o be corrected now, there is only a one year time limit in this correction pro.cess with the contractor. He further explained, the Engineering Department should be notified, and they would determine what is to be done. Mr. Krueger said there are cracks in the street in the area of the dip in the street'. t,layor Liebl said this low spot should be eliminated, and perhaps some of the curbing would have to be taken out to rectify this. Mr. Uale Hoskins, 4924 Roman Road, addressed the Council and said when the contractor of his home had put in his driveway, he had trolled it, now, when the improvement was installed and the driveway replaced, the improvement contractor has swept it. Mr. Noskins said he was not satisfied with the sodding either. The City Manager asked Mr. Hoskins if he had reported this to City Hal7 and Mr. Hoskins saidhe had not. The City Manager said anyone who has dead sod should call the City Hall and report this and it would be replaced. Ne directed those callers to Mr.'Dick Sobiech, the Assistant Engineer. Councilman Utter said there had been other people who had comp7aints concerning the sod, and this had been taken care of already. Mr. Hoskins said there was not any prob7ems with the sod last year, it was this spring when the grass was starting to come back. Councilman Utter said it would take a longer time to repair the problems after waiting this length of time. Another resident of the area also complained about the installation of the sod saying it is dry and rips right out. (The resident said his address is 760 Panorama Avenue.) • Another resident said he had also had problems with the sod at 131 Panorama Avenue. ROMAN ROAD: 49TH AVEPJUE TO PANORAP+IA AVENUE: htr. Thomas Kelly, 4917 Roman Roa �� addressed the Council and said there are,large cracks in the road in his area. Ne further pointed out that there is one in front of his home and two to three down the block. Mr. Allen Swanson, 496a Roman Road, said he was the only one with a front and side yard assessment on his property. The Assessor said he did have a front and side yard assessment. A resident of the area asked what the road limits vrere on the improved streets. The City Manager said there wou7d be a four ton limit on the streets in the spring months, but ihere would be no limitation during the remai�der of the year. 7he resident asked if the large type semi trucks were allowed to iravel the roads. The City Manager said if they are doing this in the spring; the residents shou7d notify the Police Department. STARLITE BOULEVARD: 61ST TO SYLVAN LANE: The Assistant Engineer informed the Council that this was still in the same area and would receive the same assessed amount for the froni: and side yard assessments as previously mentioned. Mayor Liebl asked if the assess��;ents in this area were consistant with the policy follcwed by the City for many years, and the Assessor said yes. The Assessor continued to explain the area had been checked for previous side yard assessments and for the area not assessed by the first improveinent, the side yard � ' i t ' I � ' � i , I , PUBLIC HEFlRING MEETING OF MAY 13, 1974 PAGE 5 areas were assessed for this improvement. He said this had been determined down to the feet of frontage covered on each of the areas. Mayor Liebl asked if the water still stood in the area.. He continued to comment had had heard the people were concerned about the water standing in the sidewalk area. The people of the area indicated the water does not stand in the sidewalk. , , hir. Clarence Peterson, 624i Trinity Drive Northease, addressed the Council and questioned if he had been assessed for a full side yard assessment and paid this previously. He asked if it would be possible to see the records to determine if this could be a double assessment. ' , �:; v �� Councilman Utter explained there had been some confusion in this area about the receipt of the notices, f9� explained there would be no assessment for the sidewalks. Gouncilman Breicier affirmed this statement saying the cost of the sidevralk had come out of the general fund. The City Manager explained the notices had been sent to the affected residents, but the cost of the sidewalk vaould be coming from the genera7 fund. ', A resident of Trinity Drive said the area residents did not want any addi�.ional ' sidewalks, and they had all received the forms of notification from the City which indicated the mention of the installation of the sidewalks, i�ayor Liebl stated there would be no sidewalks in this area. , , , ' , ' A resident of Trinity Drive said ten different people had called concerning this matter, and received ten different answers. He restated,•every cailer got a different ans�ver. The Assistant Engineer said if the c7erks answered the calls and looked at the notice, they !�ould state there were sidewalks in the improvement. He said the only installation of sidewalks was the one being paid for by the general funds, and no additional sidewalks are planned for this area. Mayor L�eb7 said there may be some confusion at i;he present time because the Council and the staff are currently working on an overall sidewalk plan for the City. He showed the map of ihe overall p�"oposed pian to the members of the audience, and said those noted would not be completed for a matter of years, and on7y those people who wanted sidewalks and needed them for safety reasons would be included in the plan. Ne said there are high priority areas for the instal7ation of the sidewalks, He continued, this wouid be done in conjunction with the wishes of the people and funded by genet,al funds. /� resident of the area asked if there was a long range plan for the placement of curbing on all of the City streets. Mayor Lieb1 said yes, this is a ten year p7an. The City Manager said 85% of the City's streets have been improved. . Mayor Lieb7 pointed out that the cost of maintenance of the City's streets are cut to 10% after the installation of the improvements. He further explained with the seaicoating, the streets wou7d last many more years. f�ir. Krueger said he had paid for two streets while he resided in the area, and asked how many more he would have to pay for. Mayor l.iebl responded, the street ' should last at least 20 years. Ti�e City Manager said this was a current conservative estimate and he wished he would be able to state a longer period of time, out wouid ; not want to make a statement which would for some undetermined reason, become false. He further explained the City had purchased another street sweeper and with the seaicoating and proper maintenance, this wi11 make them last much longer. � , , Mr. Krueger said he believed the City staff did an excellent job of snow plowing � d. : in the winter months. f� , j Mayor Liebl stated, witii the improved streets, this operation should become easier ! ; i and more efficient. � �; I � The City Manager said none oF the money for the improvement of the streets would � ;� . come out of general funds, this is all assessed to the abutting home owners. He I ;; ' said the cost of the maintenance of th2 City's streets does come out of general i � funds and all of the C;ty takes care of this. He said the costs of patchin g and i ;;' ' maintenance of the unimproved streets is extensive. ; • i:� � � � ; �� Mr. Herbert Neeser, 6220 Starlite Boulevard, addressed the Counci7 and questioned ' t; the placement of the large asphalt chunks and pieces of concrete in�the vacant lot ' ;� ' � in the area of his home. (iayor Liebl sa�d this is pr9vate property and it does � �} , '� look bad, He suggested the owner be contacted to alleviai:e this problem by � ��; ' I . . • � I �: � : i � s, :� I ;_ � - _ — _ _ _ _ __ _ _ _ _ . _ _ _ __ _ _. _ . . I � _ __ --- _- ___ -- __- -- - _ ____- I .__ _ __ _ _ — __ __ _i i 20G � PUBtIC HEARING MEETING OF MAY 13, 1974 PAGE 6 � covering and sodding. The Assessor said the City staff had been taking the chunky fill out of the area, but the owner of the property had called the City offices and informed them that there was a restrictive covenant in this ar-ea which stated no material would be removed from the plat. The resident questioned if all the stipu- lations in such a covanant would be respected. He mentioned the contractor had ' promised the buyers of the property in the plat that there would be trees planted along the railroad tracks, and this had not been done. The Gity Attorney said this type of agreement is between the deve7oper and the property owners, and the City does not become involved. He said this type of agreement for the placement of fill is.q;aite common practice in development. He said there may be some low areas where the fill from the digging of basements and excavation of the higher areas 4rould be needed to develop the entire area. Councilman Breider said there is a requirement that if this type of fill is used in the City, it �viil be covered with black dirt and sodded. Mayor Liebl said the property owner should be notified about this requirement. A resident of the area said he would like it a matter of record that there are cracks in Starlite Lane. The City Manager said this is a condition that is a natural process and wou7d be corrected in the sealing. He said there is also a crack filling that is used, Mayor Liebl said the City shoul.d insist the contractor do as much as possible at the present time to provide a good street. A resident of the area, stating he lived on C7earview, said he was told that all of the assessments were paid on his property. fie �xplained he had just moved into the home a couple of months ago. {�e again stated the seller had indicated that all of the assessments and pending assessments had been paid. The City Attorney said if the home closing was just recently, he was sure that the current assessments had been pending at that time, fie said he thought the se7ler had a 7ega1 responsi- bi7ity to pay the assessments. SYLVAN LANE: STARLITE BOULEVARD TO JUPITER DRIVE: A resident of the area said there was a real problem with this section and there had been before the street was installed, and this was the reason the street had been petitioned far. He continued the area had been promised a cro��n street, but it is as flat as can be. He said the water comes around the corner just like it is in an open sewer. The City Manager said the street did have a crown, i�ut his may be a minimal crown, He said the Engineering Department would look at his if the water runs across the road. Mayor Liebl said the people in this area had petitioned for the street because of the water problems in the area, now, �hey are paying for a street and still have the water problems. f�r, Wil7iam Zurbey, 145 Sylvan Lane, explained that the ��ater goes over the top of the curbing and runs like an open sewer. Ne added, if the catch basin plugs, it floods the entire intersection. Mr. Paul Scherven, 131 Sylvan•Lane said the catch basin is higher than the grade of the roadway and the water stands in the street. t•ir. 'Lurbey said if the road were a crown road, the water �,uould run on both sides of the street. Councilman Breider said when the improvement was to be installed, che City had told the people in this area that they would receive goad drainage aft2r the improvement. He said the Engineering Departrrent had better get out there and look at this area. Councilman Breider said he had also received complaints that there was no black dirt on the top of the ground before the sod was placed there: Mr. F�I Wetterberg, 175 Sylvan Lane, said the sod had been laid uneven7y in his ,yard and after the winter, it had sunk, i1ayor LIebl sa?d he had seen this area and agreed that the sod needed to be replaced. �•ir. Wettergerg said there a7so is some work needed on the driveway because it was replaced wiih ridges, Mr. Alvin Ricks, 161 Sylvan Lane said he alsa had problems with the sod. He explained there was a big hole in the area and it is impossible to mow the arass by the curbing. The City Manager said the Assistant Engineer would review the area. . PUBLIC HEARING MEETING OF MAY 13, 1974 207 � PAGE 7 66TH AVENUE: PIERCE STREET TO CHANNEL ROAD: The Assistant Engineer said the front yard assessment per foot would be $10.21 and the side yard would be $2.44. He pointed out that the estimated price at the pre�iminary assessment hearing was $11.09 and this was a decrease of from 7 to 8%. A resident of the area which had been previously heard asked why this area's assessments were a dif�erent price. The City Manager said this is a narroarer roadway, and this is a little less expensive. ALLEY: BETWEEP! QEECr� F,i�D HICKORY STREETS, 78TH At�ENUE TO 79TH AVENUE: , i�layor Liebl pointed out that this was an industrual project. The Assi,stant Engineer said the price would be $4.14 and had been estimated at $5.14 per foot. SERVICE ROAD: EAST SIDE OF RAILRQAD TRACKS FROM MISSISSIPPI STREET TO RICE CREEK: The Assistant Engineer said ihe Buriington Northern P.ailway assessnient would be ' $1,500, Fridley Bus Company's assessment would be $2,II93.77, and Designware's assessment would be $5,787.53. Mayor Lieb7 asked if there was anyone present to represent Bur.lington-Northern and there was no response, Mayor Liebl asked if Mr. Brink from Designware was present, t�1r. Brink answered. Mr. Dave Brink, Designware, addressed the Council and said he had talked to the people at City Hall concerning this assessment and they had indicated there were three different assessment rolls possible, and the figures were not ihe same as being auoted at that time. P+Ir. Brink explained the maximum benefit to his property in 7ight of the possible future expansion of this business to be limited, He questioned the need for extensive future expansion of this faciTty to the maximum point when in the past 74 years there had not been any need for extensive expansion. Iir. Brink explained neither he or the representatives of the Bus Company favored the instaTlation of this roadway, but, unfortunate7y, it had been determined that th� access in the other area would not be suitable. He said he felt the real benefit was to the Fridley Bus Company. Mr. Brink continued saying he finds it hard to be7ieve that he would have to pay for more than one half of the assessments for the road, and cer�ainly not two thirds. He again stated he had heard there had been three proposals for this assessment. He conunented, if the assessments are considered according to the benefit received, he could not see any real benefit in favor of Desigrn�rare, not even one haif of the cost. • Mayor Liebl asked Mr. E3rink if he thought the amount of the assessment was too much, and Mr: Brink said if the c�sts are divided, he felt he should perhaps pay 30% of the cost, not including the amount assessed to ihe railroad. Mayor Liebl said the criteria in the City of Fridley is that the abutting property owner is assessed in industruai and comnercial areas. i�iayor Lieb7 said there was an offer made by Burlington Northern to pay a portion of ihe assessments. Mr. Brink said he felt this to be very generous on the part of Buriington-Northern. �layor Liebl asked if there was anyone present representing the Fridley Bus Cornpany. Mr. Carl Newquist> Rttorney, addressed the Coui;cil and said he was speaking on behalf of the Fridley 6us Company. He recalled the parties involved in the assessment of this area, f3urlington-iVorthern, Designware and the Fridley 6us Company had met witn members of the fridley staff on February 1�, 1974. Ne said at th�s meeting> it had been determined how the assessments would be spead out. lie said at this time the l3us Cumpany assessments were $1,300 and they had offered to pay approximately $2,500. Ne pointed out that this is almost double what the assessment amount would have been. f9r. �dewquist fel� that Designware could not be c�nsidered because of the currently being used portion of property. !le pointed out that Designware owned eight lots and the Fridley Bus Company had only one iot, lie said the assess- ments had Co be determined not on what is beiny used in that area today, but what could be done to the area in the future. Mr. idewquist stated the Fridley Qus Company would not pay anyinore than the $2,500 to settle the matter. . ___ __ __ _ _. i ; f I208 i � PUBLIC HEARING MEETING OF MAY 13, 1974 PAGE 8 hlr. Brink pointed out that the amount of property being used at the present time to be 40%. He said the maximum amount of bui7ding that could be done on the property would be 50 %, and there would be no need for the roedway. He said with the building restrictions ar�d requirements, there is no value on the remainder of the property except for greenery. He stated, they are paying heavy taxes for greenery. i�iayor Liebl said the final assessment roll would be adopted at the following Monday's Regular Council mee�ing. UNIVERSITY AVENUE WEST SERVICE DRIVE: 392 FEET NORTH Of OSBORNE TO 79TH AND T. H. #47 SEilVICE: 79TH AVENUE TO 81ST AVENUE: The Assistant Engineer said the estimated cost for this area had been $27.98 per foot and now the final price N��uld be $25 per foot. He pointed out that there was some concern over the soil conditions in this area, and they were not as bad as expected. Mayor Lieb7 asked if there was any question about this area and there was no response. 77TH AVENUE: MAIN STREET TO RAPdCHERS ROAD: The Assistant Engineer said this area had been estimated at $23.99 per foot and the actual cost was $15.06. r1r. Richard Harris, addressed the Council and asked if the City staff or Comstock and Qavis had designed 77th Avenue. The City Manager said this had been done by the City staff. ;ir. Harris questioned if the person who had designed 77th vtas able to read instruments. Ne said the elevation of the street is the same e]evation with the floor of the building. He stated, the parking lot cannot be drained. Mr. Harris also mentioned the method of figuring the assessments in this area is not correct because this is�not a normal block. iir. Nerrmann pointed out the method of assessment in this area and said this is a matter of policy. He said this area was figured the same as the Main Street area. RANCHERS ROAD: 77TH AVENUE TO 79TH AVENUE: The Assistant Engineer said this was in the same project and the assessments were the same as 77th Avenue. 31ST AVENUE: BEECII STREET TO MAIN STREET: The F,,,;si:ant Engineer said this was in the same project also. He repeated the fram.: ;nssment to be $51.06 and the side yard to be $2.08. SEECi': 'EET: 79TH TO 81ST AVENlJE: �Mr. Sc;:iech said this was also the same price and the same project. Councilman Breider questioned the reason for the side street assessment on the left side of the street. r!e said there had not been any improvement which wou7d be assessed as a side yard in this area. ilr. H,^rrmann said he would check on this area and report back to the Council the fol7owing week. • 78TH AVENUE: ALLEY BETWEEN HICKORY STREET AND aCECH STREET: The Assistant Engineer said this was the same assessment amount as the previously mentioned areas. SIDEWALY,S: STEVLCJSGiJ SCHOOL: STARLI7E AND 7RINITY: The•City N�anager said this had not been assessed to•the people of the area, it was to be paid out of general funds. OVERLAY: 73RD AVENUE: ' Councilman Breider questioned the �ifference in the surface elevations stating � if a car is driven over the bridge, it ihrows the car. Councilman Utter agreed to j this point. i I . • __ . . _ i ! i ; ' ' F` k.' ;. � �� s 4 , . j `� _ _ _. _-- -- ___ __ _ --._ __ _ . _ _ __ ___ __ _ .__�_ , _ G�� ' PUBLIC HEARING MEETING OF MAY 13, 1974 PAGE 9 The Ciiy Manager said this had been done for this reason to provide for additional services to be installed when the area is developed. He pointed out this is an industrual area and it had not been determined what type of services would be needed in this area. The City Manager said it would be possible to insta77 some material for the transitional area. CURBING: BEE�I{ 5-iREET: 77TH TO 79TH AVENUf: The Rssistant Engineer said the amount of assessment for this curbing wou7d be $4.93. , . Mr. Richard Harris, addressed the Counci7 and said he had a question with the amount of assessments for 78th Avenue. He recal7ed the people owning property in the area were promised by the Council that they would be credited for any mat placed in this area previously, when the fina] improvement was insta]led. Councilman Breider agreed, saying this had been done by Council Resolution, and ' he said the people were to be credited back the money which had been previously applied for the mat. Pir. Harris said he would receive a credit of $1,600. f1ayor Liebl agreed and stated the Administration should locate this reso7ution and also credit the money aue to the property owners in the area. Nlayor Liebl asked if there were any questions concerning the installation of curbing on Beech Street and there was no response, CURBING ELM S7REET: 77TH AVEP�UE TO 79TH AVENUE: CURBING: f�1AIN STREET: 77TH AVENt1E TO 79TN AVENUE: CURBING: 69TH AVENUE: STI�dSC�J BOULEVARD TO 1300 FEET WEST: The Assistant Engineer said the final price of the assessment for the curbing in the aforementioned areas would be $4.95. There were no questions concerning this assessment. I+lOTION by Councilman Utter to c7ose the Aub7ic Hearing. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing on S7. 1973-1 c7osed at 9:28 P.hl. PllBLIC HEARING OPd STREET IMPROVFMENT PROJECT N0. ST. 1973-2: I`�1O7I0N by Councilman Utter to waive the reading of the Public Hearing Notice and open the Public Hearing. Seconded by Counci7man areider. Upon a voice vote, all voting aye, 1�layor Lieb7 dec7ared the motion carried unanimously and the Public Hearing on Street Improvement Project ST. 1973-2 opened at 9:29 P.��l. i1AIN STREET: 79TH AVENUE TO 83RD AVENUE: The Assistant En ineer said the estimated price for front foota e had been $28 O1 �' � �� � i; 3 � �' a 9 9 • and the final assessment for �front footage «i71 be $16.95. He explained, it was � i throught that there would be trouble in this area with the subsoil, which did not ! prove to be any prob]em. Ne said th: sicle street assessment would be $1:90. ; h1r. Richard Harris questioned the high cost of Main Street on the north of 79th. i , ', He said he �•dould pay his assessments for this area, but would pay them in protest I because of the high amount. He compared the high assessment receiv�d in this area =' in 1971 with that received at the present time. hir. Harris recalled this assess � ment was much higher than the �16.95 quoted at the present time, and thought it was i in tfie neighborhood of from $19 to $2Q. Pir. Flarris said he had protested the high , ;� amount at the time of the assessment hearing on this roll. He said he had been ' ; answered by the former City Manager, iir. uavis who wrote that his objections were I unfounded. He questioned why the assessments far one enc� of the street shou�ld be so much higher than on the other end. He s�ated, the s�i] conditions in the area ' ' now being assessed are not up to those in the north end. He said he did not think , j he had been treated fairly in this instance. ; � ! i x ' � � ' __ _ _ _ _ _ _ _._ _ _ ___ _._ _ _ : : __� 210 PUBLIC HEAkING MEETING OF MAY 13, 1974 83RD AVENUE: i�IAIN STREET TO UNIVERSITY AVENU�: PAGE 10 The assessments for this area were the same as on Main, mentioned previously. There was no comments concerning this improvement. 79TH AVENUE: BEtCH S7REET WEST TO ALLEY AND MAIN STREET TO UNIVERSITY AVENUE: This assessment was explained to be the sam� as Main Street. There were no objections or questions concerning this portion of the project. 79TH AVENUE - CURBING: BEECk{ SIREET TO MAIN STREET: 61ST AVENUE: STARLITE QOULEVARD TO MAIN STREET: There were no questions on this portion of the improvement. �i0TI0N by Gouncilman Breider to close the Pub.lic Hearing. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing on the Assessment Roll for ST. 1973-2 closed at 9:36 P.M. CONSIDERATION OF VARIANCES REQUESTED FOR A RESIDE��CE ON LOTS 33 AND 34, BLOCK A, RIVERVIE4J HEIGHTS ADDITIOPJ, 312 HUGO STREET N. E. �iABLED MAY 6, 1974 : Mayor Liebl listed the communications which were included in the agenda material tn be as follows: ,. Communication from Darrel Clark, Community Deve1opment Administrator to Virgil ' Herrick, City Attorney, dated April 15, 1974; letter from Mr. Arnold I. Feinberg, Attorney for Fred S. Yesness, Inc., to the City Manager, dated April 9, 1974; letter from Mr, Ro. 0. Zaczkowski, 314 Nugo St. Id. E., to the City Engineer at that time, Mr. �Vasim Qureshi, and dated August 3, 1970; and a communication from Mr. R. E. Venne, adjacent property owner, to Mr. Pdasim Qureshi, dated August 3, 1970. , The City Attorney said the letters had been submitted for background material for the Council's consideration. He said he had brought this matter to the Council's attention because he h�d received a letter from the applicant's attorney and had also talked to the attorney on occasion, f;e said if the Council took action to deny the request, the applicant would ]ikely go to litigation. He said he was not saying the Council should grant the request, �ie aras only informing the Council if they do not grant the permit, the applicant would most like1y bring action against the City. The City Attor+�ey continued to explain that the property owners of the two lots adjacent to the property have objected to the building being constructed on a 50 foot lot. He added, r�iost nf the other lots in the area are larger and the City has granted permits to 50 foot lots in the City. Councilman Breider repeated, the man wants to build on a fifty foot lot and there is a vacant 50 fnot lot adjacent to this. He said he thought the Council should consider the adjacent situation. He said the Council had granted permits where there is no building site next to the property iri question. Councilman Breider felt even if the City were to be brought to litigation on the matter, the Council should take action to not grant the building permit on a 50 foot lot. He stated, the peop7e of thi� area have tried to build up the standards of the lots in the. area, and this action would be detrimenta7 to their efforts. Councilman Breider said he would not favor issuing a building permit in this area. The City Attorr.ey stated he ��ranted to make the Council aware af arhat is happening on this matter. He saiu h� v�ould like to serd the applicant a letter notifying him of the feelings of the Council. . , . P1ayor Liebl said if this is granted to one, it would have to be granted to the others, and this would destroy the neighborhood. Mayor Liebl recalled �he Council had granted two variances to persons for 6,500 square feet of property, but he would suggest the applicani: build on two of the 50 foot parcels of land and make a reason- able investment in the area. ___ ._ _ _ _ _ __ _ __. _ _ _ _ _ � , � � � ; � � . ' I i � I � � ' , i PUBLIC HEARING MEETING Of MAY 13, 1974 PAGE 11 Mayor Liebl questioned the residents of the area who were present and asked the average investment in the homes in the area. A resident answered from $18,000 to $20,000. . ' Another resident said he believed the City requirements should be met in this � instance. He questioned if the man wanted to build the house in this area just to make a profit, he added, tiiis would be wrong. He said this should not be done in a residential area. The City Manager said there are four instances of granting variances to persons with 50 foot lots on Hugo.Street. He said this may make the opposition to this variance quite weak in the eyes of the judge. He suggested rather than letting the matter go to court, suggesting some agreement so the other properties in the area might be utilized to create 60 foot lots and buildable sites. f�e said in the oider plats, the 60 foot lats would meet the requirements. He stated in the newer plats, 75 foot lots are required. He suggested some means of agreement rather than going through a]aw suite that niay be lost. An abutting property owner said he owned the property on one side of the property being discussed and he was not interested in selling any property at the present time. , The City Attorney said the judge may think if the 50 foot lots are platted, � they should be buiidable. He said they could be considered worthless if they � cannot be built on. He said he could not determine what the outcome qf this type�of 7itigation wou]d be. 2Z1 � A resident of the area said the lots in this area are platted as 25 foot lots. The City Attorney said this would beone of the arguments in this type of case. He continued saying if the court wouTd decide that it was a buildfng site because it is a platted lot, he would question where this would end. f�ayor Liebl said the people of the area would have to have three of the twenty five foot lots for a bui7dable site. . lhe City Manager again stressed trying to encourage the parties to work out something that would be suitable for this area. He said there are fiour homes on fifty foot lots in this area at the present time and one of these is adjacent to the property. MOTION by Councilman Nee to reaffirm the previous action of the Plan�ing Corr�unnission and the Council action which was to deny the request for the variances on Lots 33 and 34, Block A, Riverview Heights Addition. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MR. GARY BARKER, 5800 3RD STREET, RE UEST FOR AID IN CONTACTING STATE HIGHWAY DEPARTMENT ON LICENSING PROCEDURES IN CONJUNCTION WIT HICKE POWER : Mr. Barker addressed the Council and said he had been at the previous meeting of the Council and had been toid that the material presented the Counci7 wou7d be reviewed by the Administration with a report being made at the present meetfng of the Council. The City Attorney said he had discussed the matter with Mr. Barker concerning the licensing requirements of his motor for regu7ar bicyles, and he had advised him that any waiver in the requirements would have to come from the Siate. The City Attorney further explained that the State Highway Department has definitions for motor vehicles and the City of Fridley wouid have to meet the State requirements. Mr. Barker asked if he would need a license to se71 the equipment in the 5tate. The City Attorney said no, but if he would se17 the equipment io an unlicensed driver, he would be doing so contrary to the laws of the State. Ne said this would be no different than operating a mini-bake without a license. MOTION by Councilinan Starwalt to authorize the City Attorney to wr.ite a letter to the State Hi�hv��ay Department and to.the Attorney General, vaithout endorsement of ihe product, requesting the staiement of the requirements on this type of equipment. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Lieb1 declared the motion ca�°ried unanimous7y. 212 PUBLIC HEARING MEETING OF MAY 13, 1974 � • ._ ---- -- _-- .. --- - ---- � �: - � _ . . ; � ! �> PAGE 12 �� � � ' I I ' � i RESOLUTION #54-1974 - APPROVING AND AUTNORIZING SIGNIDIG THE AGREEMENT ESTABLISH ENT 9 i�10TI0N by Councilman Utter to adopt Resolution #54-1974, approving and authorizing signing tl�e agreement establishing working conditions, wages and hours of employees of the City of Fridley Fire Department for the year 1974. Seconded 6y Councilman Breider. iJpon a voice vote, all voting aye, ��iayor Liebl declared the motion carried unanimously. NATURE INTERPRETIVE PROGRAM: h90TI0N by Counci7man Utter to receive and concur in the report from the City Manager dated May 13, 1974 concerning the status of the Nature Interpretive program. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. , NORTH PARK DEVELOPMENT: AfdD RESOLUTION #53-1974 - TO REQUEST THAT THE ENVIRONMENTAL QU,4LITY COUNCIL POSTPONE ITS FINAL DECISIOi� ON HE ENVIRONMENTAL INPACT STATEMENT FOR THE USE 0 NORTH PARK: Councilman Breider said due to the action of the previous week, ttvo items which the Counc.il had taken action on would have to be postponed. He said one of those plans would be the the preparation of preliminary plans for the golf course and the other would be the decision on the statement by the Envirormental Quality Council. He said this was due to the action of the City Council to put the issue on the uti7ization ofthe Nori;h Park area to the people at the general election in the fa71 in form of a referendum. Councilman Nee questioned if the State Environmental Quality Counci] could lawfully postpone this question. Councilman Utter said he would not want to spend $8,000 for an Environmental Impact Statement at this time. Mayor Liebl said the City should let the State Environmental Quality Council know what is happening on this issue. He said they should be informed about the referendum. • Councilman Breider questioned the point of asking them to present an impact statement on something that may not happen. Councilman Nee stated, they may make a decision that the construction of the golf course is not feasible, and the referendum on the issue would not be necessary. Mrs. Lee Ann Sporre asked if the current action of the Council means that the Council in any way had changed their position on the ase of North Park. Mayor Liebl said no. A member of the audience questioned if it was still the intention of the Council to deve1op a golf course in Ptorth Park. Councilman Breider said the position of the Council at this time would be to allow the issue to go to a re�erendum. He said he felt unt:l this is accomplished, the Counci7 would be neutral. f�lrs. Sporre said she would like a roll call on the statement that the Council is neutral at this time. She said she wouid like something official. She would like to know if the decision of the people at the referendum �vould be final'. Counci7man areider said personally, he would not be neutral on the issue, but as a Council, ic should be neutral until the time of the election. He continued to explain as an individual, he would not take a neutral position, he would support a golf course. He said he wou]d vote like an individual. Mrs. Sporre questioned how this information would appear on the ballot, would it be a golf course versis a nature center at the North Park site without the present- ation of the alternate placement of the golf course. � , , rII I I � . � I I , � • � � ' I 1 � ' I PUBLIC HEARING MEETING OF MAY 13, 1974 PAGE 13 C�1i).. Councilman Breider said the issue would be, golf course versis a nature center in North Park. He added, the issue had been North Park and he would like to keep it in this context. MOTION by Councilman Breider to adopt Resolution #53-1974, requesting ihe Environm- ental Quality Council to postpone its final decision on the Environmental Impact Statement for the use of North Park. Seconded by Councilman Utter. Mayor Liebl read the proposed resolution. Mayor Liebl said the Planning Assistant, t�1r. Jerrald Boardman would be taking the Resolution to the Environmental Quality Council meeting the next day if the Council adopted the Resolution. UPON A VOICE VOTE, Councilman Breider, Councilman Starwalt, i�layor Liebl, and Councilman Utter voting aye, and Councilman Nee voting nay, f�layor LIebl declared the motion carried four to one and the resolution adopted. MOTION by Councilman Breider to direci the Administration to deiete any preliminary plan on the golf course until the referendum and also delay the use of the architect until after the referendum. Seconded by Councilman Nee. Upon a voice vote, all' voting aye, Mayor Liebl declared the mot9on carried unanimously.. SPECIAL APPROVAL TO FRIDLEY JUBILEE COMMITTEE TO SET UP BANNERS AND OTHER SIGNS IN PUBLIC AREAS: MOTION by Councilman Breider to approve the setting up of banners and other signs in public areas by the Fridley Jubilee Committee. Seconded by Councilman Utter. Upon a voice vote, all voting aye, r�layor Liebl dec7ared the motion carried unanimously. ADJOURNMENT: f�IOTdON by Counci7man Starwalt to adjourn the meeting. Seconded.by Councilman Utter. Upon a voice vote, all voting aye, P1ayor Liebl declared the motion carried unanimously and the Public Hearing M.eeting of.the Fridley City Council of May 13, 1974 adjourned at 10: 55 P. ��i. ' Respectfully submitted, �a�uc.c«J %� Patricia Ranstrom Secretary to the City Council ��,,.e�.3_ /,�i S�' Date�Xpproved. Frank G. Liebl, Mayor 0 _ . __.. _ __._ _ _ - _ __ _ _ _ ___ _.. � � ' FRIDLEY CITY COUNCIL MEE7ING I �LEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE:�' �� G� % . _ _ � L —_ AME ADDRESS �� / ITEM f�UMBER ______________________________________________________________________���� _____-___________- _ _ _ �-. -- -- ------ � � 1 i� �ii O lli'� D �)� j �f� i ,� / Q� �i� �C.� �/f/� � � � � � � � �� � �-- / a, id f �.� A L- , �-- � o.�- ���--K"��° --� 9 � `f /� a-�..� � �.� �. ,gv� '�� �'�I�f A��. ,��F. � G)"1�P ,s ,�� - ��02 ��� � a- � � _ � , a_L� �. �% z _3 , � ���.�'' ��:�!.��.� J /� o �«��-�� �'�x - l� �' - � ►1'��'/'��1/ � . _, ,.��!i� ����•�.� �� � a .���/�i _ .� — � ' �! 1 � ,� � � _ ,.,�: �'� �'������ ��� ��� ��� � °�/� � �� z a� �� i� �s° ��� . �i�� �� �/ �--- ���� C �l� G � � -�,�� ��� � � � .-� �M� ��� �-�� �.-�-� � ��...� , �� e �, �-�-- � , , , �--� � ���, .�� , . ������ 0 � � 0 e 0 0 � �- 2 � � ', FRIDLEY CITY COUNCIL MEETZNG ;�LEASE SIGN NAME ADDRESS AND ITEM NUMQER INTERESTED IN� DATE: AME RDDRESS ITEM NUMBER _______��___) ______________________ `3 p��. �--�`z— = i =____-____-_-___-- c�== � � �- ��.�,-r,.�-;-- .5'��� � �'/�-,�,���� w � -t G�,.�( s�+���ai.�..�.� � i / / � �� .i `�. ���)� r ��/((�� _, r, . , i ; �� 1 � - _s� � � / / - /' i � � / ' Lri �t� `� / � ��� .��_,.,-��_�. , , .�_.:.% ' � r• �.. � ��':��/�� r_ � C�. � - 2 FRIDLEY CITY COUNCIL - PUBLIC HEARING (�EETING - MAY 13, 1974 - 7:30 P.M. PLEDGE OF ALLEGIANCE: ROLL CALL: ADOPTION OF RGENDA: , PROCLAMATION: Proclaiming May 12 - 18, 1974 as "POLICE WEEK". ... 1 PUBLIC HEARINGS: Public Hearing on Street Improvement Project No. ST. 1973-1 . . . . . . . . . . . . . . . . . . . . . . 2 - 2 C Public Hearing on Street Improvement Project No. ST. 1973-2 . . . . . . . . . . . . . . . .� . . . . . . 3 - 3 A A�BLIC HEARING MEETING, MAY 13, 1974 PAGE 2 OLD BUSINESS: 7j.v 3 `� ?l' - Consideration of Variances Requested for a Residence on Lots �4 and �'S', Block A, Riverview Heights Addition; 312 Hugo Street N. E. (Tabled May 6, 1974) . . . . . . . . . . . . . . . . . . . . . . . 4 - 4 M NEW BUSINESS: Consideration of a Resolution Appraving and Authorizing Signing the Agreement Establishing Working Conditions, Wages and Hours of Emp1ayees_ of the City of Frid7ey Fire Department for the - Year 1974. . . . . . . . . . . . . . . . . . . . . , . 5 - 5 Z ADJOURN: � \J � � � 0 I�CJ � �CJ � � � �-=-� l�J CJ � � � �� � � � � u� �� �� ��� �� ■ � � � �W � �, _� � n � W �■�i �� ��� � i�i��■ O Li'� Cr'� � O � � � coi r— co �., � c�a � e�° � u'� � �� � �� �„ � .� 4: "� P- a �,.; .� �- � � � ��� �. � � � � � � � ;� � �.� � s,.� � � � � E— � � �� � � ��:� � � � � W �...J � � � e� � v i �i i , ,` � 1� ; P R 0 C L A M A T I O N POLICE WEEK MAY 12 - 18, 1974 WHEREAS, today the individual's rights are as important to us as they were to our forefathers in 1775; and WHEREAS, the unalienable rights to Life, Liberty, and the Pursuit of Happiness are guaranteed by the Constitutuion to every American citizen; and WHEREI�S, the protection of these rights is part of the day to day duties of our Law Enforcement Agencies; and WHEREAS, the citizens of the City of Fridley have been fartunate in having one of the finest police depart- ments in tf�e �vation protecting their rights, their liberties and their happiness; and WHEREAS, it is important that the people of our City know and understand the problems facing the Police Officer in his every day duties and responsibilities; NOW THEREFORE, as Mayor of the City of Frid7ey and on behalf of the Council, I am pleased to designate the week of May 12 as "POLICE WEEK", and urge our citizens to take advantage of this opportunity to honor the Police Officers of our community and ta provide a wider base of understanding of their daily work. IN WITNESS THEREOF, I have set my hand and caused the Seal of the City of Fridley to be affixed this 13th day of May, 1974. r A x ^'� S, y� . r ' �� i x 4 �y� � ��L; �� � �f � , `= � � � �; �, � � � � ��� � �� � .:� � � 4 ��;�� � :� ,� ��. ..� � .�. �� � �-: � `� � ►� �. � i :� ,��� "� - Frank G. Liebl, Mayor ' ' ' M4EM0 T0: , � FROM: SUSJECT: , DATE: ' ' � ' � NASIM QURESNI, CITY MANAGER, ANO CITY COUNCIL MARUIN C. BRUNSELL, fINANCE DIRECTOR . FINAL ASSESS�"1FNT ROLL FOR TNE ST. 1973-i ST�EET IMPROVEMENT PROJ�CT MAY 1, 1974 On the attach�d pages you wi11 find the final assessmet�t roll for the ST. 1973-i Street Tmpravement Pro�ect. A sunmary of the costs foltows:. � . HORIZON DRIVE, h'UGH�S AVE�=, C�,��RVI�W LqNE, TOPP£R CANE, PRPidRAM,Q AV�NLIE, GIBRAlT�R ROAp PIt,OT AUE�t1E, AND P,�M�N ROAD, STARLITE BOULEVAR� AND SYI,UAN LANE The front foot assessment rate is $12.0$ per foot. The side-yard ass�ssment rate is $2.Q& per foot. b6TH av�yuE The front foot assessmenfi rate is $i0.2� p�r foot. The side-yard a�sessmen� rate is $2.4�a p�r foote ALIEY B�T�rlE�N 8�'�Cti STREET AND HICKQRY STRE�T The front foot assessment rate is $4.14 per foot. S£RVICE ROAD--EAST SIDE 0� RAI�.ROAEJ TRRCiCS {I?ESIGAtwA�tE RO��) A copy of a letter fron Cart .!. Newquist re�resenting Fridiep Bus Serv�ce, Inc, is ir�ciuded with the assassment rotls for this street. 8ecause of questions raised by the property awn�rs invalved as to the metliod of assessmen-t for this street, we have prepared an originat rail plus three atternate rolls. If Alterna�e Ro11 Na� 3�s cansidered by ti�e Council, it must be kept in mind that the pro�erty owners on fihe East side of Main'Strs�t were not notified of the preliminary hearing o� this project. There is Ro ti,ray to fegally place an assessment on raitroad operating pro�erty uniess they voiunfeer �o as5um� a part of the cost of the improvement. 7he r�iiraad has indicated that they might be wiiting to assume a po�tion of the cost. Ort�rina� Ro1i One-faurth af the cost would be assessed to the Buriington-Northern Raiiway Campany. � ( $�, 5.45.33 ) � 'One-t'ourth of the cost wouid be assessed to the Fridley Bus Company. ($2,5�5.33) ' One-half of the cost would be assessed to Designware. ($5,Oq0.64) , � . �� 2A , Page 2, Memorandum to City Manager and City Council_ Ma y i' 197�+ SERUICE RQ4D--EASi SIDE 0� RAIL�O�D TRACKS (DESIGNWARE ROAD) (CON7INUED) Alternate Ro�l No. 1 First $1,500.00 of the cost would be assesssd to the 8urlington-Northern Railway Company. ($1:500 .00) Ons-tfiirrl of the balancz of the cost woutd be assessed ta the Fridley Bus Company. ($ 2,893.77) Two-thirds of the balance of the cost woutd be ass�ssed to Qesignware. (S 5,79a.00) Alternate Roll No. 2 . One-fourth of the cost would be assessed to the Fridtey 8us Camp�r.y. ($2,545.33) ihree-fourths of the cast.would be assessed to Designware. A1 ternat� Rol l Flo. 3 i$7sb4Q.OQa One-fourt� of the cost r�ould be assESSed to the Fridtey Bus Co�p�ny. {$2,5�5.33) One-hatf of the cost would be assess�d to �esigrnsare. ($5,490.b�+} 7h� first $1,000.00 of the remaining one�;ourt� cost would be assessed to the � Burlington-Northern Rai9�eay Comp�ny, The balance of this one-four�h cost {$1,545.33) w�ould be assassed ta the owners of properties o� the east side of Main Street. UNIV�RSITY AVEMJE WEST SERVICE ROAD--SOI}TH LINE OE' EAST RaNCH €Si�7ES 2ND ADDITION � To 797N RvEt�1E UNIVERSIiY A'Jc1�U� W�ST SER'JICE ROAD--rROP1 79TN A�/�1`�7E TO 1 ST A'il�t��l)�, 1�/ITH LOt�PBACKS � � �! The frant foot assessment rate is $24.15 per foot. 77'TH AVci�.lE, F2ANC1iE4S ROAI�� B�ECH Si'RE�T� H� ST AVE►�iUEi AP�D %H�`}i AUc�.�JE Th� front foot assessm�nt rate is $15.06 per foat. The sidg-yard assessr.�ent rate is $2,88 per foot. R08�RT LOUIS STEUENSOt� SCHOOL SIOEWALK , $14,500.00 of the cost of this sidewalk has been encc�mbered under Purc�ase Orders and under the 1974 8udget, The balance of $�97.88 wi]1 be billed directiy io Schoot District No. 1�. � �_J � � SID�WA;.K--STARLITE AND TRINITY � Ti�e totat cost of $1,559.25.has been enceambered under the General Fund. OVERLaY--73�D AvENUE The total cost of $$,820,87 has been encumbered under Pur�hase Orders. CURSING--B��CN STREET� ELM STFtEET, MAIN STREET, A"7D 69TN AVE`aUE The front foot assessment rate is $4.95 per foot. P. �I J , ' � CI TY OF FRI DL EY ANOKA CaUNTY, MINYESOTR NOTICE OF H�ARING OF ASSESSMENT FOR ST. 1g73-f STREE7 I�IPROVEMENT PROJECi Notice is h�rzby given that the Council of the City of Fridley wi11 meet at the City Nali in said City on the 13th day of May ��97t�� at 7;30 o'ciock Pot1., to hear and pass upon all objections, if any, to the proposed assessments in respect to the following improvement, to-wit: STo 1973-1 STREET IM�ROVc�iENT P�OJECT Ti�e �ropos�d asszssment roil for each of said imprav�ments is now on fite and , open to public inspection by a11 persons interested, in the office of the C1erk of sai d Ci ty. s ' - ' , At said hearing the �ou�cil wilt consider written or oral objections to the proposed assessrn�nts for each of said improvemEr�ts. The generat naiure of the,improv�ents and each of them is the construCtion of 5treet improv�mec:ts i ncludi ng gra�d9 ng, stabi 1 i z�� bas�9 bj tc!cni nous surfaci r�g} concr�te curb and gufiter, storm sew�r systerr+s, watar and sanitary s�wer services, sid�rvatks, overlay, and ott�er faciiities lacated as fotlo+�s: Nori-zon Drive Third Stre�t to 53rd Avenue Hughes Avenue Panora�a Avenue to f'arizan Orive Clearvs ew Lane � Panora�na Avestue to Hori zon Dri v� Topper Lane Harizon Drive to 300 FeeL Soati� Panora�a Avenue Main Stree� to 7h�rd Stre�t Gibraltar Road Roman Road to 5�0 Fest 'vlest P�i 1 ot Aver�ue Mai n Street to ,4oman Road Roman Ro�d 49th Avenue to Panorama Aa�r��te Star�ite Bouievard 6lst Avenue to Sy�van Lane Sy1 van Lane Starj i te 8auievarrt to Jupi ter Dri ve 65th Avpnue Pierca Street to Chann�l Road AT1eY Between Saech a:�d Hickory Streets -- 78th Avenue to 79th AvAnue Service Road fast Side of Railroad Trac4cs from � � Mississippi Street to Rice Creek University Av�nus West S�rvice Or. 392 F�et North of Osborn� to 79th TN #47 West Servica Crive 79th av4nue to 81st AvAr�us 77th Avenue Main Street to Ranchers Road Ranchars Road 77th Av�nue to 79th Avereue 81st Avenue Beech Street to Main Str��t Beech Street 79th Avenue to 81st Avenue • 7$th Avenue Atiey 9etween Nickory Srr��t and Seech Street to Main Street Sidewalk Stevenson Schoot Sidewalk . Starlit� and .Trinity . OverlaY 73rd avenue CurbiRg -�eech Street 77th Avenue to 79th Avenue Curbing - E1m Street 77th Avsnue to 79th Avenue Cu�bing - Main Street 77th Avenue to 79th Ave�ue Cur�ing - 69th Avenue Stinson Souievard to 130Q Feet West � 2C Notice of Hearing of Assessment for ST. 1973-1 Street Inprovement Project Page 2 The area proposed to-be asse�s�d for said improv�nts and each of th�n is ail that land benefited by said improvements o� each of them and lying within the general are� of t�e above rtotsd strezts. Said improvetnents will b� ass�ssed against the prup�rti�s within the abav� noted areas in whote or in part proportionat�ty t� each of the tands therein contained according to the benefits recziv�d. A prop�rty owner rnay a��eal an assessment to the disttict caurt by s�rving notic� of ap�aT u�on the City Mayor or Cterk wit�in t�e�ty (20) days after adoptio� of the ass�s���nt.and fiiing such notic� with th� district court with- in ten days after s�rvic� �pon the mayor or cterk. OATED THiS l5th DAY OF April , 1974, BY O�D£R OF THE CITY CQU�CIL OF 7HE CITY 0� FRIDLEY. MAY4R Frank G. Liebt ATTEST: CI1'Y CLERK htarvin C. 8runs�il PUBLISH: Fridiey S�n on Apri1 24 ar�d May 1, 1914 - � � � ...,-. � 4 � r7 MEMO TO: Virgil Herrick, City Attorney MEMO �'ROM: Darrel Clark MeMO DATE: April 15, 1974 RE: Lots 33 & 34, B1ock A, Riverview Heights • Vi.rgil: Would you please respond to the atY.aahed letter from Mr. Feinberq. I have inclos�d all the file information we have on the subject property. To the best of our knowledge nobody told hi.m hs could build on these lots without a variance. The Yesnes letter dated July Z3, 1973 ir�aicates to me �hat we did teli him to Yxy to purchase. the two lots next door. If this needs Council action, please let me know and we will then place it on an agenda.for their consideration. `� ___ ��f��� .���� :/ ]�11RREL G . CLARK Community Development Adm. DGC/mh ENC: 9 � �� ' 1 ' ARNOLD �. FEIN9ERG RICHARD MEYERS JAMES J. SCHUMACHER RO�ERT N. SCHUMACHEP. 6EORGE 6. SELTZ FEINBERG, MEYERS, SCHUMACNEf� & SCHUMACHER, P. A. ' ATTORNEYS AT LA W - THE TOWERS CATEWAY CENTER • � 11Fi HENNEPIN AVENUE . MINNEAPOLIS. MINN[SOTA 55401 (812) J9F•0431 April 9, 197�4 ' � City of Fridley 6431 University Z�venue N.E. Fridley, I•3innesota 55432 ' � ,. ' , - .. � ' ' ' ' , 1, � ' Attention: City �Ianager Re: Lots 33 and� Block �, R�.vexview Heights Gentlemen: � 4A BUBURHAN OFFICES: � RICHiIELD tiVe are attorneys for Fred S. Yesnes, Inc. In May, 1973, our c�lient purchased the above lots pursuant to a Purchase Agreement containing a contingency that a building permit was obtainable to build a single �amily dv�elling on these lots. Before removing the continger.cy and �aying the seller for the lots, our client inquixcd of your builcling depar�ment as to whether or not a building permit could be obtained. In the presence of a Witness, he was assured that there would be no problem in getting a building permit. In reliance on the statemen-t ot personnel in your building department, our client removed the contingency and paid for the lots. However, upon applying for a variance to reduce the required lot area, the application was disapproved. Our client now finds himself the owner of an unbuildable lot. It has been sugges�ed that h� purchase two adjacent l.ots from an owner witn a similar pro�lem, but trat would increase the iand cost t� a point where the size and value af a house built thereon would be out of proportion with the surrounding houses. We are reluctant to bring suit against the City to seek to compel a variazzce b�cause of our c�_ient's reliarice on statements of agents of the City, but if nathing else can be worked out, we will have no alteri�.ative. ti�le would appreciate hearing from you. . . � ,. Yotirs very trulx,� `�, ,�; ��r? r � ,� ��� �� �� ��� . Arnold I. Feinberg . ,. AIFjrjs , � �` �( � . , �`.�.�.c r�� ���, � % . � � � �. , �, ,`, � � � ��. �-.��'��- �i�%� �`4. . C` ' �� .� �..�.1. .. � I �► � , � { 4 }3 i � r ; /� � L::� �a r i ��� ) � �.. ��,�� •1 '� r �,� �.. /�� �'� 1 I . � � � --Li �� ^ ��'� \ :..� .� :. -r. . ,- f L. � „i {' l . .. � � , •. (�. 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C'_..,� l�' �,L ��� � r t. �. ��-t , ' ) ) � � �� � � u�.. c��-c�� c���U �t� ��.=-�% � �.�-�.-- =%L ---�� ,�..� � �/c<r� � �.. ��.�. .�2,(:, �( �:,�-�C�_ �_ � _ ��` � � � �-� �-� i�c�-� _ "t:.�. .�� C�_� . � �C-c.-ci� L. .f � _c - , . , �- � . �. . .� . , J) � C�-��.-c .-�.- � �Uri�C��� C'-�� �r(.,. ,�� � - �Y�t% rC � • [ -- tc--t � C'�-( ��-�`_: ��-�� --�� �- .. � �, �� 't �'�- " . �' �.�-�� G-�� /�L(U �- C� C �Ct �-� -��t � ��' ' • �--�►�. __ (�,�--�-. ��-�.-��� ��L ' f � � .. , � 1 , , � /� 1 c.���-� �.�C �.�, c-!�.., �e_ �,�� C� : cZ�.r�_.�� �:.J?c� f�-rt r�__�� ;,c. �:�_ ?<l� �� , , , , � . , a .a r, C��i „�ic..-t -t--�'--Ll�, i������. �ti�.�"��c�(..`�i_C� c'"-�-Et.{.�, ��-c�C� � � ��2�c::� � ' ,Z%�� t,��L� . � � .�4-�, c..k--L�--��"„�,--.�-`__�-�.�1 i����--� ..�f';� f . � �Z-+�i- i-l--� `__� � •� ,/ ; / / `{ r � �� /1'l �-(�� �.1 � (_�l -� � 1i.,C' i[-�l �-1 ` -t���� ,1�.-� C L. �`(:� '�C- �� ` �-t'--�=�'-l�� . r . , , � � � , � - � �1�,1� �--�;��-,�.i)�i�:{.� . � � � � � ' u , � �� I , 0 ., ' L`-'(. t-. � ��i�/�%�,. ��! it�f_1�.1!� —�(�, -�—�`%�. • v� � � } 9 .� � /1) L C�. ;,- Ls.%�-� � 4. ' �-- . � �-�._. ,,'Lt'_<t--1�_.��c' - r� � � � . ' 1 � . , .. . . � . � ' • � ' �� , . (�j(✓ C�'+ G.- �- �- � � —f; ��:�`-:'�i/ �! i�..��` �--c�_ ��'�— �--F �:� . fJ �l . f� � �`'" � �"7�'�_ C.. � � ' �- G � �-- i.: �,.-/ �y .._,� � . . �� , � . ,� ���Lc._ �,�>������.�,� . , ,�.� � _ ,�1 �� � 2,�� . c, : � � . ��� �-. � � ,�--�/,�L ��.��Cx.� �-%����.��, �� 1� �� �. "`? /�` . . � .,;r;a . i� . , , � .., .. , ,��•�:. .. ,... � ( _i i r .y ..v, .. �.! .. '�f � ._� � . �-, � ,:. 'r+ ,; . ,:'�?,.�,�;;, �;,�, ;� - •,� -� . � ' � � 1 ' , ' '� t �J ' , ' ' ' , ' ' � �,�ust 3, ia�o 200 i�. E. Hu7o Str�et- i�►innaa�ol i s, ��i nnesota 55432 Ci ty of Fri cll Q;,, - 6�31 Univ�rsi �y Nvet��iQ :d.c. Fri dl ey, ,':i i�nesota 55421 Atten�tiar�: �,r, ilasi:n �u°rsi�i : City Engineer i3ear f�tir. QU°Y'S�'11: It r�as been trougLi � to rny at�e�iti on t��a� th� o.�rner of lots 35 and 3G Of n�OCk r1� ZlY2t'V12':i i�°1�iiZS lili,ends �0 COt1S'Gi"UCt U ilOf.i3 Otl Lslt'_S� �y�o lots,� ,s;�icl� ictal 50' � on i's�a st��e�t and ar� a����rcxi�,�atul;;� l��u' c������. �s tnL o����er of lats 37-�11 adjacent to the ubave pro�erl;y, I;;ould lil;e �to �� on recoru or�osi n� -�ii� i ssua��c� ��i a j��rrni t ta �u i 1 d a i�of,�e on a �rap�r��f �s�:11C:1 is a�rroxir,latzl;; 5,::�0 s,uare i ��± t�ta�. I have detewnined t��at lots 33 and 3�? also adjac�nt to t��e ahovA listied prop�r�;/ �.�ill �� availa�le fro�a trti� �oi:a Coun�y in a saie ia �e ile�d � Aunust 2�-tii of this year. I sincQr�ly urge you and t'�e cit;� to ;lith��old a�er;�it to �uild or� t�e � lots 35 and 3u �arti cul ari i��:r;l�n t��e adjacent prop�r�y �,,i 17 bM avai 7a�le very soon. I fir�l�� ��li�v� t,�a� alio:rin^ t�.�to }�o,n°s �o ue :�uilt on a 10�' to�al street fro;�ta�� !�iler� ti�� strzet (�!u�c} is not su7=fici�n���� wide for o�i str•ve� ��r::i�g cn r��or� t��an one siva in an area i,;at i�as been' im�roving si�adily ov�r t�i� years fron an ar�a �;i �!� sev�ral s��:ali irones to an ar�a toda;� �,�i t,a ��ajori ty of si ngl e fa;ai ly d�rel l i n�s on a;�7i 111�:,U�'i of 75' frontage 1 ots. Th� issuanc` of a p�rriit �o :,uild on a lot �aith iess t.iar� t:�� necessar�r square ft�oqta;L uy cit� or�iinance can b� �o�e if additional �rou�rty is no�c availaSl°. I�elieve in t��is cas� t,'�z a�iditior+al pro?°rt; is sufrici�ntly available Gnd ti�at t��e pen;�it si�ould not �e issued unless tn� reyuired square fool;a�� i s o� tai n� d. Your co»si derati o�� i n t;ii s^atter iri 1 l be a�preci ated. You s trul;�, ;� � ? f �, � ,, �'�' '� �� �' ��Zr� � R• E. Verin� � cct �ir. iir.�otl�y �,reicler, 75�0 Te�;po, Fri ii�:S�, t?i�n. 55�21 4 l� REGULAR COUNCIL MEETING OF JULY 19, 1971 PAGE 11 4E DISCUSSION ON SUBSTANDARD LOTS The Planning Commission made a recommendation.on l�ots in Plymouth Addition, which the Council p approved. Throughout the discussions on the substandards lots at that time, the concerrs,us of opinion was that each lot should be considered on its own individual merits and there could not be a blanket policy established. RECEIVIPtG THE MIDIUTE9 OF TH� BU�RD OF APPEALS MEE'�'It1G �F JUI+Y 13 1971: The City Engineer reported that..Item #� (�'• ��ert McGregor, 365 Stoneybrook Way) has bean withdrawn. . 2. g (IEST FO� A VA,.�a:I�E O� SECT�O:J 45.053, 2A3, SUB:P��H 2, TO REDUCE �HE DI5T�FrGT: �::�'?"':�EPd A BUZLDING A'.�'D 'i� LIVZ*dG AREA IN AN AATACENT BUILi7IP$G 1�'a�'-'� �� F�T T� l�- r i-�''i � f��E' TT-iE CGi3STRUCTION OE A GARAGE CN P.'�RT G'F' �,C;T S�, ALL QF S5 =�`D 5b s�+L�K L, P.iVERVIT�..."W H�IGii'I°S �L'i�ZTYON+ .^ta.�o.' �=i HEI19G 52i3 'r'.X:'i '-l.LL STI�.^E:' N.�., FiLZDLEY, MIN23ES0.�"A. (F.E!�I7EST �Y Fut. 1�:N Z��LLt�N 52i3 K��`�1I,L S'1'?�ET N.E., FRIDLEX, I�INi1�SOTF1) : • The City Engineex reported that the Board of Apgeals recommended approval. ' The owner of I.nt 54 is the sauie as when the lot split was granted. There were no objections. MOTZON by Councilman Harris to concur with,the Boa�d of Appeals and grant the variance, subject to their stipu�aetiQno= ��khamedeclared the mationgcaz'ried Upon a voiee vot�, all voting aye, tatay unani.mous ly . 3. The City Engineer reported that tise applicant, Mr• C.L. McCline, has wi�hdzawn.their request for a variance foz 299 Fly Street N.E., as they have � found a house plan that w�uld tit on the lot. '4� A FE UEST FOR VAk�S1�%ICES �F: ��CTION 45.�53 1B TO' �UCE .THE LUT AFtF•A F I i� M 7, 504 S�,3UARE g"'r.:.T TO S,1f�0 aOt3�°•E F��� SECTZO;I 45 . t753 � 48, �O R$I2LTCE TFiE SIDE Y:,�;D ��'I`�CK F�i�2 10 F?:...�'T TO S F�T :�.::� T I O N 4 5. 0 5 3, 4B 5I.1T�,.nl�R13CRAPii �i�a `�.'�J z�'.�.DIJC� '1'�iE. $SDE YARL� �yT�iACif O:�i T� STREET SIDE OF A COR.tiFR LO'T F�','�.'i 17. 5 F�� '�O 8.�'.:: T, S�C'I'Z4?�t 45. 053 , 4i3, SUBPARAGRTyPH �B ,x,� �.�� �g�, �;;,�,,�;�,K ��I�D FO� R%3Y ACC�SS032Y BUILiaZ+'�tG THAT OPENS C)1'"�`. -�' a ' REGUTAR COUNCIL MEETING OF JULY 19, 1971 ' ' �J ' ' , ' ' 1' � 4 €. : � ,` . �� 4 ; ' � . r= , 6 ' � ' ` ' � t ' y � f: � � ' � �� 'tf PAGE 12 4 F OZt A SIDE STRF.E't FROM 25 FF�T TO 17 F�T, 5FCrION 45.054, 2At SUB- PARAGRAPH 1, TO R�.I:�JCE T?� MINIlifUM LZVI^7G ARF.�ii IAT A Or� S�'ORY SII�GLE FAMII,Y DL7�..J..LIPdG F�Lt+t 1,Q20 S'�UA�'.E FEET TO 9�i0 SQU':�.� Fx'yT� TO AI,IAW THE CONST:'-�UCTION O� � D?•;?��LLZR'G a�.'dD DETACF�D G,'�R���E �N L02 15 � BLQCK 3� Pi�'.•'�`C3UTki �T DITZ{a`? .'�^,-_n .''a,'-�:�.E �LI.�G 4800 ?,�: S?'R`z:�^T PI . E. s E'RZDI.EY � MINt��SrJTA. (RiQL�ST 3�' I�F,. C.L. McQ.I��E, �rOi39 1�::�TFiLQt ST�ET N.E., COLU.•i�3IA F�IGFiTS, i+RI?e'ivr.SOTA) : The City Engineer said that this request is for variances to build on a 40' lot in P1�south r,cidition. 'T:zAre were ob jeetions from adjacsr.* �roperty ommers. The next it� is tlze sarae, they are both 40' lots, so ig the Council wish�s, they could bs con�idered togeth�r. 5.. A R.°'.CaUEST �'C�R V,A�2?s"3CFS OF': SFGTION 45.053, 1_�, Z'O R_.L�ICE T� L�T ARF�A FRO:Q 7A5!)� �7i..LA�?..' k:T'?T TO 3,.�.5Q w't?LTs.�.T� Y'`_='�^i� ��r'TICrd 9S.Q53� 4B� 'I°O �,DU�' T�iTa ��D.� Y�r'� .�"�"';C:: F�}"g • 10 � �T 'i� �' �'��;'�', '°a.�'^�iOaJ 4� 5. t?53 , 4B, SUi',P�.t.AG's�'?`�.�?Fi �.�:. �.'� 2,T r?t'E 'Tx-� S��^ �:,R� �,���,P..r� G°.@ T�� �'?'°�T ���i OF A CO ��^.�P. L�G�' s ; �'-;:1 � i , 5 ^o �^i 'TO � M�T , �:^Cm?C:" � 5 . '� �3 � � � m SU�P �'�.�.�2,r�SPH �=.i � `Ia R�'3�I7�' °�°?-'�� S'°'S' . ��:ia "'�°t,?iJ�i� �°C�i3 �'..�d r�'C..�:�wOr'�:' a 'Jl��idG Ti�'�T OP.�,:�JS . �LY Cf 7�.1t��,+ J133.:...'.t" a.L ��i.i�a 4� �T�:i tV di.t iii:T^«Fea v J�li.���.LI4}.ii '3�. V�r � c�..'li r� .C`SVD� P�S.RZ':,G�'3,Pii 1, '1'i) `' �n'��:� TpIF: I�xI2�Yt7•i�.;;1 LZV=:'� r'+,.�::.�.�� �Id ?i C��' S"Y:�Y BI�GLE �A�A'iYLY D��'��.,I.I26i: r i�;;� 1. C'?0 SC%i3.��::�.�� FT;.'�^ 'd^Q r:;� :^aCF�ti:�." F'^�'T r� F�LIAW TIiE CO�dS�';'tTJCT�CZd c.�:� � D, "U;k.i,?P?G �4'4D DY^.Tr r'� ('�'��,� �13 O'Q LCl`� 15 , BLCCK 2, PIa1'�".OU'�� .�`?L's�IT�O?'�_w �r. S�"� �Eir;G �!€iC�O �T'..D �,i"'.?'�T ?°I.,;s.. FRs.DLEY� MINN�90TA. �R.��U'y:�T '3� .iR.. C.L. P�C�LZr�, `�00�.� L^�il�i�. S�.T'.EET N.E. , COLiJF�iBI.A Hi:ZGIiTS, r1II'�'�.�a1:�OTA) : The Gity Engineer reported that the Board of Appeals recoumnended denial in both instances. Mr. C.L. McCline said he was a me�,ber of the group th�t owsas these lots in question. He had origin�lly r�quested'a building permit, but it w�s refused and he was advised ta �pear bef�re the Board of Apr�eals where it was again xefu�ed. His group ha� been the a�rners of th�re lo�.s for 9 years, have paid taxes on th�na, but the lots have not m�ved. 2�aw there i� an Ordinance that prohibit� bui�ldir.g h�s on 40' lots, but at ths �ime of purchnse he was advie�d he could buil� on them. Reoently, he h�s a developer to build on these lots. The design c�f th� 2�omes, he fe1t, would be an as��t to the community. It wfluld be a 21'9" house, 1� foyes tyo� home, and meets all F:H.A. requirements and the City r�quixements aa to the building standards. His developer advised him that they will have $30,000 -$35,000 w�ll constructed h�s, that will 1�e an asse� to the consnunity. H� said thay would be glad to do anything ta satisfy�th� City. He has never been advised he could.not build an these lot$. He said he tu�d pmid the taxes anc4 s�ecial asses�ents etc., and is not hopeful they could obtain the vaxiancea sio th�y cauld bu11d. Couneilman I.iebl said the Couricil has had such requests a�a thia last year and the y�ar Defoxe. Thero was one on 49th�'and University that rras about the same eiste, 40' width, which the.Council deni�d. He told Mr. McClin� that there F►ae one vote fzo� the Board of A�peala� in f�vor of hia reque�t. He said Mr. SonLtheim�s had called him and said �khat he felt the Council should set some type of policy for ttaese lots. It seems in the last f.ive years, the Council has alwaya d�nied th�e�e requ��ts, �ince th�y are substa.rrdadxd lots. He aaid he would like to s�e the Council set some palicy and hava a set og rules to go by. Flayor Kirkham said tihis was not quitc� true, the Covncil. haa allowed !'� REGULAR COUNCIL MEETING OF JULY 19� 1971 • • PAGE 13 I � 4G 1 , , ' r ' , ' ' ' ' , , ' � , � � building homes on 40' lots. In Riyerview.Heighta the lots are 25' and in some cases they have been combined. Each request is different and must be considered on its merits. Yn this case these are corner lots. The Council has not refused all the rec�uests, but they have refused most in recent years. Councilman Liebl said that Mr. Sondhei.mer is an architect and engineer and he feels the Council should c�e up with some policy so that everyone is treated atlike. Mayor Kirkham did not see how this could be done, sometim�s there are different circumstances that must be considered. Cou.ncilman Breider sa�.d this is.si.mi.lar to the application of �ames Caaserly � � where the tornado took his house, aad he s�as left with a substandard lot. Councilman L�ebl reported that the man who owxts the double bungal.ows next door bought those lots. MOTION by Councilm�n Lieb1 to concur with the reco�nmendation of the Board of Appeals ana a�ny t�e rec�uests for the variances by Mr. C.L. McCline. 5econded by Councilman Harris. � Mr. McCline said these �.re i�olated lots. The adjoining lots are 40' lots and there is no way to acquire additianal land. The people �cijoining these lots are not interested in purch�sing th�:m. These lats were �ourch�.sed as an investment, have had �es paid on �he�, and �S� could not unc�erst�.nd what the City expects the land owners to do w�ith tl?es� l.o�s. Councilman Li�b]. said that he agreed with Mr. McCline to a c�xtain ex�t, but this Council a few weeics ago tumed docan a very sialilar request. Fia a�►:-.�ed if his house would not protxude ahead of the other houses on tize block. Mr. Axczstrong said that he also had an interest, along with Mr, ticCline. He would agree with the Council in its wisdom to �ake judgments. It is their responsibility through �hEir experience to judge. H� said he wouTd also agree with Mayor Kirkham that there cannot be a single hard rule that caal or should be used. Here is a situation where there is a reasonable request. He did not believe the setback wouid put the house at variance with the adjoining property. There was soene laisunderstanding on this paint at the Board o$ A�peals Meeting, and once the misunderstanding was cleared up, that the setbaclss under consirleration would be in confornaance with those adjoining lots, the home owners did not object on that basia. The propasal before the Cauncil as outlined in the plot pl.an and tbe hc�rs placement is a good use of the property th�re. It is,imgortant that this property be put an a tax paying basis, they cannot afford � keep paying taxes on them, iie would ask for an affirmative mction on their request. • . THE VOTE upon the motion, being a voice vate, Liebl, Harzis, Breider and Kelshaw voting aye, Kirkham voting nay, Mayor Kirkham declared the mation carried. Councilman Liebl said he would like to see the Planning Commission make a recoutt�e{�idation of how the substandard lots should be developed. The Counail has tried to upgrade their ordinances to niaice a better co¢�unity. He�said a housa $25,000 to $30,OU0 is a nice home,�but it mt�st not be a hazard being on a - corner lot, but it should be devaloped. . Mz. McCline asked what recourse they had to zecover s�ame of the investrnent they , have made ir� . the City of Fridley. � Gouncilman Liebl. asked if now it. was an empty lot d�ll`.�'�`{. , REGULAR COUIdCIL MEETING QF JULY 19, 1971 PAGE �4 4 N � and Mr. McCline said yes. Councilman Liebl if thev purchased lots that c3id not meet the they ci�.d when they purchased the lots. said that the City had no liability requirements. Mr. McCline said � � MOTION by Councilman Liebl to instruct the Planning Cartmissian or the Plats and Subdivisions, Streets and Ut�.lities Subcasmnittee to r�1ce a recor�nendation to the Council on the development of substandard lots: Seconded by Councilman Harris. Upon a voicg vate, all voting aye. Mayor Kirkham 3eclarad the �sotioa carried � unanimoualy. Mayor Kirkha.m �a�id that h� would not want �hs Planning Co�ission to present a�policy Yhat �ulci freeze any furthsr consid@ration.. In some cases there are exten�ti�a,g cixcaa���tances, and thi� is the reaaon for, the �oaxd of -Appeals. ��. ' RECEIVID7G 32�D�'O��LS - CA�I.E TEL�ISI021: (Pzoposals r�ceiveci at 11:30 A.M. , July �9, a��1) . . ' � � � ' � � � ' � ' ' MOTIOIV by Council...�.n Kelshaw to receive the propos��s fr�A General Teievision, L.V.O. Cable Inc., and �'ele-C�sununica�ions Inc. S�conded by Councilman Liebl. Mr. Peter pors�y, Attr�rney f�x Minn��ota C�bie T�le�ri�i.on, said that they hoped to be engaged iz� cable t�levision in 2�iinne�ota. Th�y ar� a local company that is a subsidiar� o� a n�tional compar�y. ile �aid that tka�y iaad �u�t leariied of ths� invita�i�n �� Fsidl�y t,��is A.M. , anrl c�ou�d like to ask that the propoaals be receivQ� and �h� t� extended to xec�ive propo�als for ano�her two va�eks to 30 ��y�. fih��� �re a nuu�ber of cts�a�aniess in this buSiness and he w�s sure 7�ridl�y �o�ald � int$re�ated in gettiaxc� tt3� best pg�apo�al they can. �f the fact were r.�re widely known, Fz'idley vaould hav� received more bids, certainly from the�n. The or.ly other local ca�un�ty that has adverti�ed that he knew of i� Hlcc�znington, and tl-�ey received 5- 6 bi�3s. Only one that bid with Ftidley bid th�re. H� felt the cos�¢nunity wouZd b�netft by receiving more pxoposals. � Councilman Haxris said the Council was not diacrimi.nating again�t his company, hoMever, the notice was given and received a front p�ge story in the Fridley Sun. He vr€xild recognize his wish ta eextend the tir�, but he was sure that if thsy did, � e else �oould co�� in 1a�.er and r�c�uest the satn� thing and this would gut th+a Cacs�cil in ��ci pos�ition. He sa41d h� did not .itnamv at this time wheth�r they wi�ll �cca_pt�sny of these proposals, th�s Cauneil will di8cuss the contan�s w�ith the Ac�inie�tration. The Council is not bound to accept one. If� �fter reviewing them, they iind them lacking, he was certain th� Council will take further proposal�, but Y,e did not �eel they could continualiy open-end the ti.me . . Mx'. Dorsey said that he was not saying this proc�dure was unfair. He poi.nted out that theze were three propo�als and one of�them wa� the Sun�people who would af course know about it, being Fridley'� leg�l newspaper. This fact would indicate to him thmt FY�i.dley did not receive the publicity they are entitled to. He hoped if the time was extended� Fridley would receive more 'bid�s. He said he would be willing to notify other biddexa he knew of. Councilman Liebl said this is a proposal, not a bi.d. He said the Council would look at it if he brings it in. Councilman Harris �aid he did rsot think the Council could do that. After looking at the proposals xeceivad, there would � have to be another procedure gone through. There were cQr��i.� �erms set out 0 F'RED S. YESNES, INC. cREU� �sEaE£ • �nvFSEmEnEs • �ew C�onsEzucEion P. O. BoX 27166 MINNEAPOLIS. MINNESOTA 55427 ' . , . \\ Cizy of Frid].ey 6437 Universitv �t.venue �I. E. �rid?ey, `linnesota Attention: �uild?ng Department 0 3uly 13, 1Q73 re; Lots 33 x 3T, 37.ock A, :iver Vie�a r:eights + Gentl.emen: Enclosed ? s a$].S.OQ caeck and a variance �, p?icatic+n. I•le wot.:Ic� Iii:e to ^a?c� �?>glication to construct a sin�;� fa:�ily ho�� on the tc�o ?o�s c�1;icLl rar:e a to�al of 5'�' in frcnta,;e. ' ?�er yo�.:r su�gestion I contacteu T_� �o., �3uil�e�s SJ10 are t'�e o«nez's of I.ots 35 �� 3u, whictt are i:�,:-ied? ate?S* adjaneen� to� and :ast of our lot, �ne�* indicated *hey are not interested in sellin;; saia lots 2� t�71.5 tii:12 LT1iGS5 t�+1C,';T TE.'CL?1 V2 � t1ll�P., r^.Y'1C°. � WO�tl.�i 8�;?reCZr^.t��. lt ii yoL �aould contact �� as to the tines and da�es of the meeting that I assu^ie we caauJ-d be exp2cted to att�nd. Sincerely yours, F?;3� S, Y�Siv :S, Ii+C. � i':� Y: /r� �' ::nc los �.�r��s 56 � �1. ' The Minutes of tre Board of A peals Subcommittee.,feeting of Jul� 31, 1973 �•� � _ . . Mx. Lewi.s said that they were fully aware of the care needed when working around ' . tx�es, He said that any excavation for foundation.would be hand back filled within fouz daya of the start o� digging. Mx. I�ewis also said that if the h�use were built at normal setbacks they wou].d run into semi-;narshy areas at the rear of the house. �here followed further discussion on the house and lot. Mr, Harju said thst he felt a house plan could be found to fit any lot i.f one ].QOked hard enough. �t was decided to table th�ts item while the other items wexe being discussed i.n ' oxder tp give Mr. Payne and Mr. Lewis time to discusa alternatives. MOTZON by Wahlberg to close the public hearing. Seconded by Crowdex. Upon a voice pa�e, there being no nays,.the motion carried unanimously. I�x'. Payne and Mr. Lewis came back to discuss the matter �urther. �iOTIqN by Crowder, seconded by �lahlberg, to reopen tihe public hearing. Upon a voice v�te, there being no nays, the motion carried, Mx. Lewis argued that the 35 foot front yard setback should be more flexible, parti.cularly in an area like Innsbruck North. He added that Mr. Payne had found hxS financing, and they were ready to start construction. Thexe was �urther discussion over many points already discussed, including the possible precedent setting nature of granting this type of variance to tt�e �irst buil.der on the street. MOTTON by Harju, seconded by Wahlberg, to close the public hearing. Upon a voiee vote, there being no nays, the motion carried unanim�usly, MOTION by Crowder, seconded by Harju, to recommend to the City Council denial of the xequest on tt�e grounds that the haxdship shown was not great enough to waxrant �eco�emendation. Upon a voice vote, there being no nays, the motion carxied. The Boa�d was effectively forcing Mr. Payne to look far altexnatives. 3, A REQUEST FOR A VARIANCE OF SECTIO�' 45.053, 1B, FRZDLEY CITY CODE, TO RE�UCE TI� LOT �..:2EA FOR A LOT ON A PLAT P.ECORDED BEFORE DLC��3ER 29 � 1955, FR0;1 7500 SQUA��E FEET.' TO 510� SQUARr FEET, 7'0 ALLOW THE C0��5TRUCTION Or A L�ELLING TO SE LOCATED OV LOTS 33 A,'�D 34, BLGCK A,, RIVERVIEW HEIGHTS, THE SAr� BEING 312 HUGO STREET N.E., FRIDL�Y� MiNTvF,SOTA. `2EQUt�'�•ST BY FRED S. YESNES' INCORPORATED� 6600 DUPONT AVEI�TUE NORTti� T1IN:JF.APOLiS,' MiNNE50TA.) Mr. �xwin Yesnes was present to present the request. Mr. Yesnes came forward with the plans for the praposed house. _ Hs was im,�nediately questioned on the two adjacent lots and his attempC to purchass I �hem. Mr. Yesnes said that he had contacted Tri-Co Buildexs about purchasing I,ot� 35 and 36 of Block A, in the 200 area of Hugo Street. He said that '�ri-Co di.d no� wish to sell at this time, except for a high price. ' ' ' �. �� K The Minutes of the Board of A peals Subcommittee Meeting`of July 31, 1973 ra� ' Chairman Drigans asked if anyone Wished to be heard on this matter. During the course of the discussion five neighbors stated their position as being opposed Co this variance on ehe grounds that it would inevitably lead to two houses being bui.lt, both on 50 foot lots, these being near houses built on lots of at ' least 7S foot frontages. The fzve neighbors speaking are as follows: Mr. Robert Venne, 200 Hugo Street, , Mr. Ralph Officer, 315 Hugo Street, Mr. Ronald Zaczko�aski, 314 Hugo Street, Mr. Kurt Skzandies, 321 Hugo Street, and rir. James Jensen, 8181 Ruth Circle. ' ' J � �J ' �J � , � � ' ' ' . � � rlr. VennQ said that a similar circumstance came up in 1970 at which t�me he wr4te a letter stating his position. Mr. Venne said that at that time lLots 33 and 34 were about to be put up for sale by the County. With additional property about to become available Mr. Venne said that he felt there was not sufficient justification for granting the variance. � The adm,inistration feels essentially the same way now. � Mr. Mattson stated that the presence of four undeveloped lots, even though they are owned by two separate companys did not constitute a dead end for building on only two. kir. Yesnes was informed that there were six vacant lots across the street, three of which were owned by Tri-Co Builders and the others by Mr. Skrandies of 321 Hugo Street. 1t was sug�ested that Mr. Yesnes attempt some further negotiation with Tri-Co Builders, eyen pexi:aps considering some kind of trade involving the lots across the street. - �fUTTQN by Gabel, seconded by Harju, to close the public hearing. Upon a voice vote, there being no nays, the motion carried unanimousl.y. Mt3TI0N by Wahlberg, secondad by Gabel, to recommend to City Council to deny the request on the graunds that the presence of faur undeveloped lots did not eonsi�itute a dead end issue for building on only two of these lots, U�an � voice Vate, there being no nays, the motion carried unanimously. �. A�,QT�'EST FJR A i,'ARI��CE OF SECTION 45.134, 6, F1tIDLEY CITY CODE, TO RE�UCE THE T7ISTf'u�C�. �;�iWGr'`+ A S`.I?'u� :T LINE ��ND BUILDING, G�-1�N A M-1 DISTYXCT IS AI3JACE�IT `_r0 � AIv�.' 0 i r r 1 DISTaiICT�PI:O�i 100 FEET i0 41. 9 FEr T, TO ALLOW '1'IIE CONST:'UCTIQN OF �'�i`T ADDZTIO:i TO A'v E�:ISTI�'G I3iTILllZNG L{}�ATED OiV LOTS 7'AND 8 BLCCK b RICE CRE�'K p= AZ.� SOUT't? AD�ZTiO�I, TII"r. S.E� i B�.:iilG 6536 rtAIN SZ`�EiT T1.E ., FRIBLEY �iiINNESOTA �P.EQUr.ST BY D�SIG`;rIA�',r, LvD., I�;COF'.��'ORATED. 653b tf�IN STF.EET N..E., FRTDL'EY, MII�'N. MO��ON by Wahlber�, seconded by Crawder, to waive reading the public hearing �otiee. Upon a voice vote, there being no nays, the motion c arried. Mr. Dick Knoll and Mr. Dave Brink were present for Desi�nware to present the request, They came forward with plans for their proposed addition. '� ''R�GUI�AR CqUNCIL I�1�:1:'t'INC QF �1UGU�T 6, �97"a '' PAG� .2 8 �.,� � Dlr. Emr1 Sorenson, G370 Able Street N.E., addressed the Council and asked if it would be possible for the Council to approve the variance.ta 10 feet? 1'he C3.ty Engineer said he could recommend � thQ vax�.an�e he 12 £eet, otherwise this would become too close t4 the road���a;�. , btayor Li.ebl asked ti1r. Sorenson if the var�iance being gxant�d �or 12 feet would accomodate his needs. Mr. Sorenson said he could just ��t the driveway in wikh this amount of vaxia�.ce. i��Ox�ON by Councilman Starw�lt to grant the var�ance to Mr. Sax�n� ' �qn fo'r�12 teet� Seconded by Counci�man Ne�. Upon a vo�.c� vot�, ��� vpt i f �g aye; i � iayor ��e b1 tieclared the motion carxie d unanimous�yi i CJ ' �� ��J ' ' � ', A R�QU��T FOR A VARIANC� OF 5ECTION 45.053 4A FRIDLEY CIT.Y�COD� ��,� G� 1':tE F N" . ARD SETBACK FROi�I 35 �E�T T 4. FE ; T A 0� Tha Gity �r�gin�er saa.d the Board of Appeals had recvmmend�d Xhe Coun�i�. deny the request ;Eor the variance and �Ghe applica�tt had pro��ed�d ta construct the dwelling ac�ording ta the Fridl�y C��y G�de and ��rithout the n�ed for the vaxiance. H� �ai� no ac.�ion wc�uld b� neG�ssary. �/ A REQU�ST FC1R AVA RIANCE �F S�CTION 45.053, 1B FRIDLEY CITY C4DE `I�� RE U F T I OI' AR��—�R A 3'0 ON A PL1�T RECORDED B�FQR� CE 1B�R, %J�(�.� ,_ � 5�, � RO�i 7 S O p �I�UaRE �EET TO 510 0 SQUARE FEET , TO �LLO}V THE t-' CQVSTRUCTION fJF A DSUE�,LII�G- TO BE L CATED ON LOTS 33 AND 3� BLOCK A, FtI���Ri�'IEtiV EIGHTS, THE S�'�IE BEING 1.2 HUGO STREE�' N,�. , FRTDI,EY, 1 N,� OT�. RE U�ST BY FRED S. YESNES, Ii�CORPORATED 660Q DUPQNT AV�NU� NQRT��, i�1�NNEAPOLIS �IINNESOT� : Tht� �ity �n�ineer said the app7.ica�t h.ad called him and rec�uest�d th� i�em be tab7.ed unti.l the next meeting of the Council when hs �ould b� in attendanc�. ,� �MOTiON by Gounc�lmari Ne� �o concur with th� Boaxd o� Appeals an�. d�ny th� rec�ues� £ar th� variance of the �xont yard setbd�k by �tr, Fred �, YesnaS, InGOxpor�ted. Seconded by Councilman Ufitex. � Coun�ilman Nee said a1� of �he lots axQ subst.antial�y lar�e and �hay' had been picked up as tax �orfeit lo�s, He said th�.s'action if apprQV�d wauld set a patt�r� fax �he �reation of S.O fpot lo�s� ' whesr� thar� hava b�en r�one before, Caunczl�an Nee con�i.nued by s�yin� there is no haxc�sl�ip in tho case, CJ � , UFt?N A VQIG� VQTE, al� vo�in� a�►�+ May�or Lieb7. �d�clar�d th� m4xi�n Gt�rried unanimous�y. /r/ � ! ��C , . � v\` ��. 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'�(1" 1 1 � ��, �. . �/'� � �G ' 'K`��, i, / �0 ri � Di1 � �^/��f N ���� ' .'� .�' 4 � ♦. -1 � • V� . , N�.��l•Q � � � ` 4 3 .� "a Y V ( + � }/^a �J�. -����, �' �!1 � �° �... �� ~ `�-''�, �,t ��� , ��'�� `` y.��-�" . s r o� c�..� �� � . - �L� ` \ ct�,? �. �y --� ,.. ', t3 v � �-� ,; ,`_.-- _ -�'�-�: •'�;,; ��a',. „ �" , - �_. =y' � Q� .�.cY`�"- _... .�.., f_ ��•' ,..�4+. C�-.Y -' i . :�. -. `ii• �o ' � � - `aa /�j �. �; `t � j' � i �^°• 1�� ,/- /m cL- i��y��,,:�+} � - ,�i�\^ v. � � -'��. �° '"� � ' �/w , •� y/. t, `n , �--'�l: � '•• `� ; �6,�. .n�" i ',-'c �- �; � �� ` o �w � . � � °� `t _ _ t�.� n �/ .;� .^,� cZ" ' ,�f<t.i �� ...�. �, .-- ��Na'� `r{�� til�' �4-�tr � n � .� , �`:/�.`,�. �c'i'! '' ��_. t.�- / � ,1 ^J..' . Vw, ��n t� 1- ��_�.'�:� �•�,` .,� :r -ti cr ',�� ` ;,=y/. �� ' l� �`�` i.- i� �` _ l^� _, : V\ ,�"' � ��1.rS'- .� ` --�� a� �'?-�.T ; � �'S � . ` - - `° ."" <'� _ •�'' /'' � r . ,.n. o� .� — � �. 5 T0: FROM: SUBJECT: DA7E: CITY OF FRIDLEY MEMORANDUM NASIM M. QURESHI, CITY MANAGER, AND CITY COUNCIL MARUIN C. BRUNSELL, ASSISTANT CI7Y MANAGER/FINANCE DIRECTOR CONTRACT FOR FIRE FIGHTERS LOCAL N0. 1986 FOR THE YEAR 1974 MAY 7, 1974 Attached is a copy of th� proposed labor agreement between the City of Fridley and International Association of Fire Fighters Local No. 1986 for the year 1974. The attached resolution would authorize the Mayor and City Manager to enter into the agreement on behalf of the City for thQ year 1974. I recommend to the Manager and City Council that the City enter into the agreement. The changes from the 1973 agreement are as fol1ows: a. The base wage rate has been increased seven percent over 1973. The base wages are at approximately the s�me level as other communities for like classifications. b. The uniform allowance would rise from $1�0 a year to $170 a year. This compares with $175 a year for the Police Departm2nt. c. The Fire FightPrs do inspection work for which they receive an hourly rate which is lawer than their normal Fire Fighters rate, and on which . no overtime is paid. This rate would be increased from $4.25 per hour to $4.65 per hour. d. The City has agreed to pay $5.00 per month towards dependent health and welfare coverage. This is in line with the Police contract. e. The contract also provides that additional compensation can be earned for college credits starting with the 91st quarter credit for employees hired after January 1 , 1974. Longevity for newly hired employees was phased out under last year's.contract. ' , , � � � ' ' ��: � RESOLUTION N0. � �` 1974 A RESOLUTION APPROVING AND AUTHORIZING SIGNING THE AGREEMENT ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS OF EMPLOYEES OF THE CITY OF FRIDLEY �IRE DEPARTMENT FOR THE YEAR a974 WHEREAS, International Association of Fire �ighters Local No. 1986, as bargaining representative of the Firemen of the City of Fridl2y Fire Department, has presented to the Council of the City of Fridl�y various requests relating to the working conditions, wages and hours of empl�ye�s of the Fire Department of the City of Fridley, and WHEREAS, The City of Fridley has presented various requests to the Union and to the employees relating to working conditions, wages and hours of employees of the Fire Department of the City of Fridley, and WHEREAS, Representatives of the Union and the City have met and negotiated regarding the requests of the Union and the City, and WHEREAS, Agreem2nt has now been reached between representatives of the t�NO parties on the proposed changes in the existing contract between the City and the Union. � NOW, THEREFORE, BE IT RESOLVED, By the City Council that the Mayor � and the City Manager. are hereby authorized to execute the attached Agreement (Exhibit "A") relating to working conditions, wages and hours of Firemen of the City of Fridley Fire DQpartment. � � ' ' PASSED ANO ADOPTED �THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS ��` DAY OF , 1974. � ATTEST: � CITY CLERK - MARVIN C. BRUNSELL , • . � ' MAYOR - FRANK G. LIEBL 5A , , — F• � � - • , . � ` r . . � . . • • � . � , . . . . , . . 5B� I� � X.1�130I� �C �.�EE M� NT . '. • � . -_ � � B�Ttir ��N � . . . . : . . � CI7Y OF FRI�LCY ' • � � �� ' . � A��D � ___. . . I , � I1�ITER�?�17'IO\AL r1SSOCIATI0;1 OF -- - _ ' ' , . FI?tE.FIG�-TI'EPuS•L�.'lL L0. 1986 _ - . - A.I�TICT..�: I PURPOS� OF �GR��il�T�1�7T , ----- � . � This �.G�tLEl171;1�i'� is en�ered into as of May 7, 19?4 beilx�een . " , � The City of Fri�l�y � hereinafter caJ.led t�ie ER�IPLOi'ER and , � , the I��l'I'EFL�IATIO:�I1I, ASSOCI�TION JF FIRE FIGHTERS LOCAL \0. 1986, `hereinafter ca�led � - the U�ION. . -- _� - -- � _ . , _ —__. : - - ___ - - . ' Ii is the intent and purpos�e of this •AGFiEE:��Ei�TT i:o: . �, 1.1 Assure saund and muiuzlly ben�ficial tivorl�ing and econornic. � � relniionships Uei:�veezi the parties hereto; � �' • 1. 2 Establish procedures for i:he resoluiion of dispuies concerning , � � ' . fihi.s 11G��LEI�TI��I'1'' S ini;erprct�.ti on and /or application; an� t• 1. 3 Place in �=✓rii;ten form the parties' a�reement upon terms and � . i� conditions of exnploymen� for the duration of this I1GPL���IEi�TT. � , The E11�IPI�U�'I:zi ana tlie UNION tl�rough;l:liis 1�.GRLL1�7L1�TT sh�.11 coi�tinue � I' ' tlieir declicati.on to iiic lii�liest quality fire service aiid protection to th. • � . �, '•residents of the City of Fridley . 1�ot�� partics rcco�nize thzs AGIi�r1TLi�TT ' as a plcd�e of tliis dcdi.eati.oii, � . ' . . . , � ' � . . � � ' . • • ' ' � , _ � �., , ,. . . ; . . . /LR'i'ICL� II �rCOG��7'ION . - 5 � ,� • 2.1 The ERZPLOXER recognizes the UNION as the exclusive representafiive, . �, under Minnesota Siatutes, Section 179. 71, SuUdivision 3, for all -. . personnel in the foJ�la�ving job classifications: � � 1. Firemen 1 . . .. : . !� � � � � . . 2. 2 In tlie event the �1121'LOY�I� a.ncl the UNIOV are unable fo agree as � ,� ' fo ihe inclusion ar exclusion oi a ne�=� or madified job class, the � issue shall be stzbmi.tted i;o the �ureau of Mediation Services for . deterxnS:nation. � . , � . , � � � � � ARTICLE III DEI'INITIOi17S . _ � ' 3 1 '�ION• The International Association of Fire Fi hters Local No. . . U� . � . � � 1986. _ - _ � _ _ = . . � _ 3. 2 UNION I1'IEiVIBER: �. member of the International Association _of �-= , . � . Fire Fighters Local 110. 1986._ __ _ _ � 3. 3 E:12PI�OX�E: A meniUer of the exclusively recognized bargaininb ' � � unit. .. �� . . .. . . .. 3.4 D1�P��RTIIZ�N�l': The City of Friciley Fire. Department. �� � � Fridle . 3.5 E11�PLOYFF: I'hc City of y . , 3• � Chief; The Chief of the Fii�e Dep$,. o'f�� the �ity of Fridley. . . ' : 3.7 TJ1�'IO1�T OTI�'ICLR: Officer clected ot• appaiizted Uy t11e International � •' ' • . • � Association of Fire Fiahters Local �o. 1986. �_�--- ^'y �T, ' � _� �� . . ' . • . . • • . .. , f � � •i , ' .� -3- 0 � .�3.8 OVERTIh1E: Work performed at the express authorization of the EMPLOYER 5 D � in excess of the employee's scheduled shift. 3.9 SCHEDULED SHIFT:. A consecutive work period including t�•ro rest breaks ar�d a lunch break. ' 3.i0 REST aREAKS: Two periods during the SCHEDULED SHIFT during �r�hich the • employee remains on continual duty and is responsible for assigned duties.: 3.11 LUNCH BREAK: A period during the SCHEDULED SHIFT during tvhich the employee remains on continual duty and is responsible for assigned duties. 3.12 S7RIKE: Concerted action in failing to report for duty, tf�e 4villful � absence from one's position, the stoppage of work, slo��r-down, or abstinence in whale or in part from the full, faithful and proper performance of ihe � duties of employment for the purposes of inducing, influencing or coercinq � a change in the conditions ar compensation or the rights, privileges or � obligations of employment. � • 3.13 6ASE RATE OF PAY: The Employee's monthly rate of pay exclusive-of longevity or any other special alloti-�ances. . � 3.14 COMPENSATORY 7IhiE: Time off during the employee's regularly schedu•led ►��ork � schedule equal in time to avertime vrorked. � � � " � , � - 3.15 SEI�ERAIVCE PAY: Payment made to an employee upon honora5le separation of . � employment. . � . � ARTICIE IV Eh1PL0YER SECURITY � �. ', 4.l The UNION agrees that during the life of this AGREEh1ENT it wili not cause, encourage, participate in or suppor� any strike, slo�rt-down or other , , � interruption of or interference with the�normal functions of the EMPLOYER. � ' 0 0 0 � - . , • . • • 1 . - �• • , . �. 2 Any employce �vho en�ages in a strike may have his (her) 5 E ' • appointment dr employment terminated by the ERZ1'LOi'ER effecti.ve the date the violation first occurs. Such iermination 1 �. _ � . , . � sliall be effec�tz��e u�on ti��ritten notice served upon i:he employee, �I � An employee �vho is absent from any portion of his work ,' ' assi�ninent tix�ithout permission, or lvho abstains �vholly �' or i.n pari froin the full performance of his duiies wii:hout ' ' ermi.ssion from his her LNPLOYER on the� date or dates � � p ( ) . . '�� � �vhen a siri.�te occurs i.s prima facie presumed to have engaged . _ . .i.n a stri.4�e on such date ox dates. �. � , � . � . � � � A.n employee w}�o kno�vingly siril�es and whose employmen-t Ihas b�en terminated far such action �Zay, subsequent to , such violat�ion, be appointed or reappointecl or employed or reemployed, but �he employee shall be on probaiion for , • � � � � t�vo years tivith respect io such civil service status, tenure r� of employment, or contract �of err�ployment, , as he (she) may . have theretofore been enti�:led. ' � , , . � � I�7o employee shall be entitlea to any claily pay, �z�abes or . ' ` er diem for i:he da �s on whicli �ie shc) en�ao�ed in a sirilce. P 3 � b b ' AR'�'ICLE V l�l�TPLOY^EI� �LITIIDliITS.' � � � I t 5.1 Tlie EIVIPLOY�li r•ctains the full and unresi;ricted ri�;ht to operaie � ' and ���a�ia�c all man�ozvcr, i'�cxlities, anci equiF�ment; to estaUlish 1 • .. . , ' iunctions and probrains; to set aiid amciict hudbcts; to dctcrmine �� � fhe util�zztion of tcchuolo�y; to cstaUlisl� ancl moclif3� tlic ai•gani•r.�tion�il . , ' 1 • . . � ' �• • , . � _ _� . , � � . , , ., • , . � • � . . ��. �� •� � e e t direct and determine the numUez of personnel; structurc; to s 1 c, , 5� '... to establish �vorl: schedulcs, and to perform any inherent mana�erial � function not specifically limited by this AGR::�1��I�'T. � � � .� " � . I . 5. 2 Any term and condition of employznent not specifically esi;ablished ;� � or modified b tliis AGl �ELi�-TEl�TT shall remain solely �viihin the - y ' di.scretion of i;he �MPLOY�Ii i:o mocli.fy, establish, or eliminate. � , .AP,TICLE VI UI�TION S3�CURITY . . - - �� 6.1 The E?�ZFZ,O�'ER shall deciuct i'rom the �vages of employees �vho � . . . authorize such a deduction in ti,rrii:ing an amount necessary to � � �� .: cover monthly UI�IION dues. Such moni�es shall be r. enzi.t��d as ' . direcfiecl by tr�e U1�TIOTT. � � 6. 2 The UI�TION may desibnate employ�ees from the. bargaining unit io ' t as a ste�vard and an alternate and shall inform ihe F1127:'LOZ.rER � . ac ' in wri.i:ing of such choice and changes in the position of sie�vard and /or � • alternaie. . - . G. 3 The EMPLOi'�R shall znake space available on 1;he ei�zployee bulJ.e�;in � board for posting U�?IC�N notice(s) and ailnouncement(s). � �. �� � 6.?� The UNION agrees i:o indcmnify and hold the �MPLO�ER Ilarmless . ' against any and all claims, suii;s, orders, or judgments brought � ,. ' �' tlle LA�IPLOYER as a result of any action iaken or OY' 1SSUCd at,�ilnsi . . '' no� tai.en by tlie I;MPLOi'EI� under the provisions of i.his �.rticle. � � • � . . � ,• . � � � ' . ' , ' �. . , . . . : ' • • , . ' � - �� _I � ARTICLE VII EM�'LOi' �E RIGIITS - GRI]�V�NCE PI�OC �.DUP� � 7.�I A�FII�'ITIOI�' O�, A G1�IT�V�.1rCE � . . .A grievance is defined as a dispute or disabreement as to ihe . �nterpretai:ion or application of ihe specific terms and conditions i � of ihis AGP��]471�NT. . li r• 7. 2 Ui�'IOti REPIZES �T:T1'�TIVES � , � r '� `. ' . ' • ' ��� The L1�ZPLOYEI� �tiTi.11 recognize REPPESENT�1TIl7ES desa.�nated t3� the UI�nOi�T as the � gxievance representatives of the- bargainir,� uni � having ihe duties and responsibili�i.es established by this Article. .. The Ui�?IOI�T shall notify the EMPLOirER in ti�Triting of the names oi such Y71��ION REPPESEI�,7TATTVES and .of their successors �rhen so desi.€;nated as provided by 6. 2 of i;his AGREEMENT, 7. 3 �'�OCESSIlVG OT' A GRIEVAI�TCE It i�s reco�ized and accepted by the U�TION and the ��7PLCYER that the processiz�g of �rievances as hereinafter proviciec� is Iimited by ihe job dui;�.es Gnd responsibiiities of the �MI'LOYEES and sha�l therefox e be accom��Iished durinb normal �vorl:inb hours .anly ��then eonsisteni �vith such EMPLOY�E duties and responsibilities. The aggri.eved �n-ZPLOYEE and a U�TIOi\ Ii�PRJ�S�NTATIV� shall Ue al.lo�ved a reasonable amount of i.ime «rithou�: loss in pay �vhen �. grievanec is invesi;i�ated a�id �resc�ited i:o i:ize �ll•TP7JOYLR clurin� normal. �•rarlcin� hours providcd tliai. the �MPL01'�L and thc UNION 1��PR�SLN':CATIVY: I11VC I70��I.i1CCl and received the approval of . tl�e.desi�,m�.i.ccl suPervisoz- �:�lio has cieYei•miiied tl�at such absence is rcasonaLlc at�cl �voulcl not Uc cicirii»ental to tlic �voa�lc pro�ranls of tl�c �1'IPJ..OYI�I;. . ' 7.4 Pror.rnv�r . � . , � Grievances, as defined b,y Section 7.1, sliall be resolved xn con- � 0 foxmance �viih ihe f�l.lowin� procedure: � Step l. 11n �I471'LOYLE claiming a vialation cor�cernin� the �nterpretai:i.on or application of this 11GR��n�NT shall, tivithin 5H t�venty-one (21) calendar da�7s after such alleged violation has occurred, pr. eseni suc�h �rievance io 1;he El��ZPLOi'E�'S supervzsor as ctesir nated by f��e EiI�T}.'LOY�R. The �MPLOYER-de�>ign.a�ed represez-�iaiive `vz.11 discuss and give an ans�=rer to such Step 1 � grievance ti�ithin ten (J.0) caleildar days after recei.pt. .A� grievance not resolved in Step 1 and appealed -to Step 2 shall be placed in writing setizng fori;h the naiure of the �*rievance, the facts on which it is ��a�ecl, the provision or provisions of ihe ,t1GR�E1I�NT alle�edly vioJ.ated, the remedy requested, and shall Ue appeal.ed to Step 2�vithin i:en (10) calendar days after tlze El��IPLOY�R-desi;nated represen-Eative!s final anstiver in Step 1. Any gri.evance not appzaled i.n writing to Step 2 by the UI�TION �vithin ten (IO) calendar days shall be consi.dereci lvaived. _ � • Step 2. If appealecl, �:he �vrii�i.en grievance shal� Ue presented by � the UNION and discussed �vii:h the �MPI�01'�R-desi�nated Step 2 representativc. Tlie ]�AZPLOYL�i--clesignated representaiive sliall givc ihe UNION tlic EMPLOYrTt'S Step�2 ailswex i.n �vritirzb �vi.�hi.n tei� (10) calci�clar days aiter xcceipt of stich Sic�� 2�;ricv�nce. A gricvance no{: resolvcd in Stcp 2 may t�c appcalccl fio Si:ep 3�vithin {.en (l,0) ealenclZr clays follo�vii��;�ttie 1�1��1'LOZ']�R-cicsirmated i•epreseni- 0 � -.. . . � _1,� ative's fi.nal Stc 2 ans�ver. Any rievance noi appealed � P � i.n �vriting to Step 3 by the UNiUN ��vithin ten (10) calendar days shall be conSidered tivaived. Step 3, If appealed, the written grievance shall be presented by ihe UI�TION and discussecl ���ith the E1'IPLO�'�R-desibnated Step 3 represeni:ative. 'rhe El��ZYLO��R-desi�ilated representative shall give i;�le UNION tlle E11!IP7�OYER'S ans�Trer i.n �vri.tin� �vithin ten (10) calenc3ar days afier recei_pt of such Step 3 gri�vance, A � grievance not resolved zn Step 3 may be appealed to S�ep 4«�it?un � ten (10) cal�ndar ciays follotiving the EM�LOYEIi-desz�nai;ed representata.ve's final ans�,=�er in Step 3. Any grievai�ce not appealed i.n �vxiting to Step 4 by the UNION �vitl��n ten (10) calendar da3�s shall be considered tivaived. • � Step 4. 1� grievance unresolved in Step 3 and appealed to Step � Uy �he UT.ION shall be subinit-ied to arbitratian subJeci ta i;he provisions of ihe PuUlic Employmeni: Labor Relaf:ions .�.ct of 197I. The selecti.on of an arbitrator shall be made a.n accordance with the "Rules Ga��exninb the Arbitraiion af Gx•ievances" as esi:aUl.ished 13� the PuUli.c �niployment Relations Poard. • . 7.5 �.RI3I'Y'IiL1TOIi'S n.U`I'}:TC�liITY . . . A,. Thc arl�ifirator shall have i�o� ri�hi: tn amend, � moclify, nullify, � i.gnore, acld to, or suUi:ract froin. ihe tcri�zs ancl conditions �i • thzs �.Gl�r��n�LN`1'. • Tlle ��ti�bi.l:rator shzll consider and decicte . � . . s.,� only the specific i�sue(s) submitted in �vritin� by the EMPLOi'�R and the 'UI�TION, and shall have no authority to 2r�alce a decision 0 on any other issue not so submitted. , � I3. 'The arbitrator s1�a11 Ue �vil:hout po�ver to nlal:e decisi.o:�s c�ntrary io, or �nconsistent ivith, or modifyin� or varying i.n an�� �vay the appli.cation af larrs, rules, o� regul.a.tions � havi.ng ihe force and effect of la��t. The arbitrator's decisi.o:� shall be subznii:�ed lIl t'Vx'ltlIlb ��rithin i:hirty (30) days folloti��in� close o� the hearizzg or the submis sion of briefs .by ihe parties, t�thiche��er. be laier, unless the parties agree to an ehiension. The decision shall be bindii�g on both ihe EiVIPLOXER and the U��ION and shall be based solely on the arbitrator's interpreta-iioi� or appJ.icaiion of the e�press .terms of this �.GRE�MT�NT and to the facts of the grie�Tance presente�. C. The fees and expenses far the arbitrai:or's services and proceedings shall be borne equally by i:he E1��TPLO�'r,'R and the UNIOi�,� provided tliat each party shall be respoi7sible for .�.compensating �is o«rn represr.��tati.ves and witnesses. If ei.ther ' par{.y desixes a verUatim record of `ihe proceedu�gs, i.t may � cause �such a record to be inadc, proviciing it pays for the record. If Uotli parti.es �esire a vcrbatim. record of tli� � pracecdin�s the cosi; shall bc sharcd equally. . ' • ' ' � , . , ' . -�0- � � � . ' � ~ ' . ' . . 7. s �vnivr� ' ' . .: � If a�ricvance'is not presented ��rithin the time limits set ' •� , for. th above, it shall be considered "tivaived. " If a grie�Tance �, is not appealecl to i;he next step lvithin the specified 1:ime limit or any agreed e�tensi.on ihereof, it sllall be consi.dered ' ' ' ' , .� ', ' ` . , settled on thc basis of the E1�ZPJ�OY�R'S J.aSt answer. If i:he �MPL01'TR does no�.'•ans�rrer a grievance or an appeal thereof within i:lle specified iiine limii;s, i:he Ui�TI0i�7 may elect to treat the grievance as denied ai. that step and imrnecliately appeal the grievance to f.he neat si:ep. 'I'he time limit in caclz step may be eatended by mutual tvritten agreern.ent of the E1l��PLOYER and -ihe UI�TION iri each siep. 7. ? � CHOIC� OT �i1�11�TEDY If, as a resuli: of the �vrii:ten ��l!IPLOi'ER response in Step 3, the gri.evance remai.ns unresolved, and if the grievance involves the suspension, �dernoi:ion, or discliarge of an employee �vho has compleied 1:1�e requir. ed proUationary p�riod, the grievane� may Ue �ppealed eiilier to Si:ep 4 of t�rticle VII or a procedure � `lt such as: Civi.l Service, Vetcran's Preference; or Fair �inplo��ment. . If appealed� to any proceclure otlxer than Si;eU 4 of Articl.e VII ihe �ri.evance is not sut,jeci; to ihe arUitrai:ion pracedure as provided in Sicp � of �.ri:icle VII. The a;=;rieved cmpla��ec shall indicate in tivri.tin�; wliich procedur� is to }�e utilized--St.cp � of Article VII or anotliei• 1p�ca1 pi-oceclure--aiid s�lfl�.l SJ.t;t1 1 St1�,CIl]CIl�, t0 tI1C effect tl�at thc clioice of 1ny ailici• l�eariii�; prccludes tlie a�;�r�.evccl cmploy�ee ,. . from makuig a subscqucnt appeal throu�li Step 4 of �lrticle VII. . �• L . .�A.RTICL� VIII S.l1VII�TGS CL�.IIS� ' This n.GP,E�AZEN'T is suUject to the lalvs of the lJnited States, the Siate o£ Miruiesoia and the Ci ty of Fri dl ey . l:n i:��e event any provision , ' . of ihis A.GTiE�i�� �.I�,7T shall be held to be contrary to law by a court of Icompei.ent jurisdiction from �s; hose final jud�zneni: or decree no appeal has ' been i:aken �T✓i�:hin the iirne provicied, such provisions shall be voided. l�ll other provisions of fhis AGT�EP.zr_,�TT shall contiz�ue in full force a�d effect. ' . `The voided provi.sion may be rene�oi:iated at the ��rii;l:en requesi: of either party_ ' . • .. . � �. � . . � . . .A�.RTICLE LX S�ITIORITY ' 9. l. 5eriiorit3* shall be determinect by ihe ezzzployeets len��th of � � continuous employment �vitli the Fire Departmei3i and posted i.n an appropria�e locaiion. Seniarii:y rosiex�s ma�= be mazni:azned � b the -H EF - on the basis of time in rade and time ' . y FIRE- C I -- .. g . t � .� within specific classifica�fons. _ � � 9. 2 During tlie probai:ionary periad a netivly l7ired or reliired employee ' . . . ' � xnay be c�isehar�ec� at the sole di.sereti.on of tlie F;MPLOI�R. I• Durin� ihe probai:ionary peri.od a promoteci or reassi.��ed employee ' may be repl�ced in his prcvious position at fihe sole discreiion of the ER2PL0�'�R. . , �J. 3 A reduction of �vorl� force �vill Ue accei� lished on the Uasis P ' . .. or s�,��a�-�ty. � .. . � . .. . 1� 1 , ,� _'2_ . . 5 �'1 �mployecs shall bc rccalled from layoff on tlie basis of seniority. ,An employee on layoff shall have an opportunii;y to return io �=�ork . �vitliin i;tivo years of t}Ie time of his layoff before any ne�v emp�oyee is hired. • � J. � l�zcation p�riods to-a maxir�um �of tt��o (2) ti•reeks shall be selected on the . basis of seniority until t�1ay lst of each calendar year. ... ARTIC7�� � DISCIPLII'L ' 10:1 The EMPLOY��P «-ill discipline employees for jusi cause only . Disci.plinc �rri.11 l� zn 1;he form of: ' � � a) oral rcpri�nazid; . . � . •• � . 1� «rii;ien repri.ma.nc?; . . . , � . . c) suspension; . _ . d) demotion; or � • • . e) di�scharbe. _ 10. 2 5tispensions, demo�ions and discharges �vill be in tvritt�n form. 10. 3'�?1Trit�:en reprimands, notices of suspension, and noti�ces of discharge �vhi.ch are to become part of an eznployee's personnel file shall �• . be re��d aizd acl�a�vlcd�ed by sibi�at�ire of ihe employee. Employees and i:l�e UI�rIC�i� tivill receive a copy of such reprimands ancl f or notices. 10. � riliplo3�ecs nlay e�amine their oti�rn individual personnel files at reasai3ablc 1:imes undcr the direct supervision af the El�IPLOY�I�. . . . � . . . � �J ' ' 0 , .. � «� .. 10. 5 Discliar�es tivill be preceeded by a five (5� day suspension �vithout ' paY• . ' ' . ' J.O. G�ni�loyees will noi: be questionecl concernin� an investiga.i:ion of disciplinary aciion unless i:he employee has been given an oppor�tunity i:o have a UNJOi\7 represenial;ive preseni at such qucstioning. 10. 7 Grievances relatin� to i:his �lrticle shall be iniiiai:eci Uy 1;he UNION in Step 3 of i:he grievance pracedure under �rticle VII. .A.2iTICL � 1YI COi�TSTT'I'UTIU�`;�`iL PP.O7:'LC��'IOI�T �mployees shaJ.l have the rights �;ranted to ail citizens by the Ui�.ii:ed 5taies - � � anc� 11�innesota Siaie COI1St1tUt10I1S, ' A1�TICLE XII �t�OF,K SCII�DLILE . 12.1 The work week schedule for all employees of the Fire �epartment shall constitute a five.d�.y., sixty hour work�. tiveek. The Department Head is responsible for scheduling and assigning the weekly woxk schedule. . 12.2 The City claims the authority to schedule employee's work. A normal work day for employees shall be twelve (12) hours between 8: 00 P.D4. and 3: 00 A.b�. The normal work week shall � commence at 8:00 P.M. on Sunday and shall end at 8:00 A.�1. on Friday. 12.3 It is recognized by the p�rties that service to the publi� may reauire the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis • other than the 8:00 P.M. to 8:00 A.M. shift. The employer . , will give advance notice to the employees affected by the �, establishment of work days different than ihe normal employees' work day. . • J � , -14- 12.4. In the event that �aork is required because of unusual cir- cumstances such as (but not limited to) fire, flood, snow, sleet, breakdown of municipal equipment or facilities, no ' � �. '- � advance notice to the employees need be given. It is not �.1 ' required that an employee working other than the normal workday be scheduled to work more than t�aelve (12) hours; �- � however, each employee has an obligation to �aork overtime if re- quest�d, unless unusual circumstances prevent him from doing so. 12.�5 It is also recognized by the parties that service to the public may rec{uire the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. Employees t, who are regularly scheduled to be on duty ,Saturday and/or ' Sunday will be granted two consecutive days off in lieu of Saturday and/or Sunday. ' ARTICLE XIII VACATIONS ' 13.1 Each Employee of the City who has worked regularly for the City , , � � ' for a perior� of not less than t�aelve (12) successive months is entitled to a vacation away from employm�nt with pay. Vacation , pay shall he computed at the regular rate of pay to which such Employee is �ntitled. An Employee wh� has worked a minimum of twelve (12) months is entitled to one (1) workday of vacation for each month so worked. An Employee ivho has worked eighty- four'�(84) consecutive months is entitled to one and one-half (1'�) workdays of uacation for e'ach month worked beginning with the eig}�ty-fifth (85th) month of consecutive employment. An Employee who has worked oze hundred eighty (180) successive months is entitled to one and two-thirds (1 2/3) workdays of vacation. for each month worked, beginning with the one hundred eighty- first (281st} month of consecutive eniployr��nt. Except where � ' 13.2 , ' � �' 13.3 _ -is- � . S-� otherwise provided by agreement between the City Manager and _: Employee, no more than twenty (20) days vacation may be taken in any ane_calendar year, and the vaca�ions, unless otherti,�ise �provided, shall be taken each year during the months of April to and including the month of August. Employees are not authorized to carry over from one year to . the next more than five (S) days of vacation over what the � employee had at the end of the previous year, without express approval of �his Departm°nt Head and the City I�lanager. In the event a regular full time Employee Quits or his employment is severed for any reason whatsoever, he shall receive his earned vacation pay. IARTICLE XIV PAY FOR FIRE CALLS ' 14.I Pay for off duty fire calls shall be $5.00 per £ire call. This will apply on all fire calls before or after regular , working hours or on days off. � ARTICLE XV E'�1PLOYEE EDUCATION PROGR��1 � �15.1 The City will pay certain expenses for certain education courses ' based on the follo�aing criteria. a. The training course must have relevance to the employees' ' resent or antici ated career res onsibiiities. Attendance P P P � 'shall be. at a City approved institution. The course must be approved by the Department Head. � ' b. Financial assistance will be extened onl� to courses offered .• by an accredited institution. This includes vocational Ii , ' • schools, Minnesota 5chool of Business, etc. , ' 15.2 Programs Financial Policy �. Financial assistance wiJ�I be extened to cover only the cost of ' � � � ' , ' ' ' ' ' ' ' '� ' , ' � 1. I � � -16- . � • . .'�� Q tuition. Charges for books, student union membership, student health coverage and other charges for which the student receives some item or service other than actual instruction will not be paid. The City will pay 500 of the cost of tuition in advance of the e;nployee's actual participation in the course and the employep whall pay SOo of the cost. Employee upon successful completion of the course tiaill be reQuired to_present to his � department heacl a certification of satisfactory work. Satisfac- tory work is defined as i'ollows: . � F , a. In courses issuing a letter grade,a C or above is required. b. In courses issuing numerical grade, a 700 or above is �. reauired. . . . c. In courses not issuing a grade, a certification from the instruction that the student satisfactorily participated in the activities of the courses as required. 15.3 If the employee satisfacto�ily completes the course,he will be reimbursed for the addiiional SOo of the tuition cost for which he had obligated himself in the approved application. If the employee fails to satisfactorily complete the course, he will not be reimbursed. � 15.4 The program will not reimburse the em�loyee for the hours he spend in class, only for the tuition.. . 15.5 Expenses for which the employee is compensated under some other educational or assistance program will not be covered, such as the GI bill. . 15.6 The City will not pay tuition or other costs for those courses ' which are used to make the employee eligible for additional salary. . ' , ' ' ARTICLE XVI HOLIDAYS ' ' -17- � � 16.1 Holidays include Neca Year's Day, Jan•aary 1; �Vashington'� and � Lincolr�'s Sirthday, the third P�ionday in Februaxy; Memorial �ay, the last Monday in May; Independence Day, July 4; Labor Day, the first Monday in Septemb°r; Christopher Columbus Day, the second r4onday in October; Veterans Day, the fourth Monday in October;� Thanksgiving Day, the fourth Thursday in November; and . Christmas Day, December 25; provided, when Neca Year's Day, . January l, or Independence Day, July 4; or Christmas Day, �ec°mber 25, falls on Saturday, the preceding day shall be ' a holiday. ' ARTICLE XVII NORh1AL SICK LE�VE ' ' � , � ' � ' ' d 17.1 Any empl�yee who is unable to work because of sickness or injury may�obtain a leave of absence upon notice to the City. Written verification of his condition by a competent medical authority may be required. Where the condition of the Employee is such that he is unable to act for himself, the Union may apply for such leave of absence in his behalf. Failure to notify the City subjects the employee to�appropriate discipline by the City. 17.2 Each employee of the City iaho has worked regularly for the City.'for a period not not less than twelve:(12) successive months is entitled to sick leave away £rom e�ployment with pay. Sial: leave pay shall be computed at the regular rate of pay to which such employee is entitled. An employee who lias worked a minimum of twelve (12) months is entitled to one. (I) day of sick leave for each month worked, cumulative to one hundred twenty (120} days of sick ieave. After one hundred [J ' . ' , ' � , � � � ' ��:�: twenty (120) earned and unused days of sick leave have g-s accumulated, one (1) day additional vacation shall be granted to an emplo�ee for every three (3) sick leave days earned and unused. The employee may elect, after ninety (90) earned and unused days of sick leave have accumulated, to receive one (1) day additional vacation for every three (3� sick leave days earned and unused. Sick leave days shall not ac.cumulate beyond one hundred twenty (120). Before any sick leave compensation is paid, the City may request and is entitled to receive from any employee who has been absent more than three (3) days in success�on, a certi£icate signed by a competent physician or other medical attendant certifying to the fact that the absence was in fact due to sickness and not.otherwise. The City also reserves the right to have an examination made at any time of any persan claiming a'�sence by reason of sickenss; such examination may be made when the City deems the same reasonably necessary to verify the sickness claimed, and may be made in behalf of the City by any comp°tent person designated by the City. .• , ARTICLE XVIII Any full time City employee who has been employed by the City at least six (6) months, injured on his regular job, shall be entitled to full pay up to a p.eriod o£ ninet.y (90) days while he is absent from work by reason of such injury and his accrued� sick leave wili not be charged until after and beginning with the ninety-first (91st) day of absence from work by reason of such injury; provided, however, the amount of any compciisation shall be reduced by any payment received by the injured employee INJURY ON JOB 18.1 ' � ' ' . I , ' ' 0 -19- � !� irom workmen's compensation.insurance. An employee who � claims an absence f.rom ►�ork due to an injury sustained on his regular job is subject to an examination to be made in behalf of the City by a person competent to perform the same and as is desi�nated by the City. ' ARTICL� XIX PROB.'�TIQ��IRX PERIODS : 19.1 All newly hired or rehired employees will serve a six.(6) ' ' mon�ths robationar. eriod. . . P Y P > ' ARTICLE XX FUNER�'�L PAY ' 20.1 Funeral leave will be granted to f.ull time employees up to a maximum of three days. Funeral leave is granted in case o£ ' deaths occurring in the immediate family. For this purpose, � immediate family is considereci to be a spouse, child, parent, , grandparent, brother, or sister, mother�in-law and father-in-laca. IARTICLE XXI JURY PAY ' 2�.1 �t shall be understood and agreed that the City shall pay all regular full time employees serving on any jury the difference in ' salary between jury pay and his regular �alary or pay while in such s.ervice. . ' AF�TICLE XXII UNIFORM ALLO�Ut1NCE ` ' 22.1 The City shall provide a uniform clothing allowance for Fire- , fighters of One llundred and Seventy Dollars (�170) per year as needed, with the understanding that'•the One I-tundre�. and Seventy I, ' . Dollars ($170) will not��be drawn in cash, but is to be used .. solely for the purchase of uniforrns. . ' . � , , , ,._ .. ., m -20- � � ' ARTICLE XXIII HEALTH AND HOSPITAL INSUR�INCE� � � �� I' 23t1 �egulax �ull time Employees shall receive the same coverage as other City Employees� which policy at the present time provides '' ' �,that the City pays for the Employee's Health and Hospital . . Insurance, and that tlie Employee pays for dependent coverage, �' . exce t that the Cit will a the first Five Dollars 5.00 . P Y P Y �$ ) , - per month tolaards dependent coverage. The City also provides �. life insurance equal to annual salaxy, with a maximum of Ten ' �. Thousand Dollars ($10,000). The City also provides additional i� . � AD � D insurance equal to salary, with a maximum of Ten Thousand Dollars ($10,000). '. � 23.2 A re.presentative from the Employee group shall be included on a committee which makes recommendations on the content of ' specifications �or any new policy. Such recommendations are ' subject to Council approval. ARTICLE XXIV PAY FOR INSPECTION ' 24.1 There ma be a need from time to time for temporary inspection Y ' personnel in the City. It is agreed between the Union and the. � City that should the Fire Chief elect to use one of the Fire- ' fighers as an inspector, the pay shall be Four pollars and Sixty- ,. � . Five Cents ($4.b5) per hour. It is understood that the rate of pay for inspection shall not be related in any way to the rate , for xegular.or overtime pay, as shown elsewhere in this contract. There shall be no overtime pay.for inspection work. The Fire ' Chief has the right to use volunteers as inspectars. ' ' ' ,� . . �: . , . . _ .. _ . �::::,- : � � -21- . 1 � �-d I, ' ARTICLE ;�XV R.ATES OF PAY 25.1 . 1974 ' First six months 851 � �. _ ' Af.ter six months 896 After 1% years 943 , After 2 2 years. 993 � After 3 2 years 1045 � ' � � . � . 'ARTICLE X�VI ADDITIONAL INCENTIVE PAY 25.1 Incenti ve pay will be paid over and above the standard base ' rate or going rate for Employees hi'red prior to January l, 1974 according ta the following schedule, providing employe�s have ' made demonstrable progr°ss towards improving their proficiency ' � for their particular job title or job assignment. 1974 - ' After 5 years of service $24 After 10 ye�rs of service 48 ' After 15 years of service 72 , ' . - . . . ' • � � . , • . ' . ' • • . . ' . , ' , . . . � . ' -22- ' ARTICLE XXVII COLLEGE CREDITS 27.1 For Fire Fight�rs hired after January 1, 1974 the City.will pay ' for education credits earned at an accredited institution of , , highzr learning at the rate of $.40 per quarter credit starting with the ninety-first (91) quarter credit up to a maximum of one hundred eighty (180) credits or a maximum of �. W $36.00 per month. All courses taken must be approved by the ' Employer. No Fire Figliter hired after January Y, 1974 will � 4 be eligible for payments under ARTICLE XXVI. No Fire �ighter will dratia both additional incentive pay under ARTICLE XXVI ' � and pay for education credits. Emp�loye�s will not be eligible ' for education credits during their six (6) month probationary period. A determination of the number af credits an employee ' is eligible for wi11 be made on December 1, of the previ�us year. Credits earned during the year will not be counted , until the succeeding year. The City will not pay tuition for ' courses that Employee will later be paid for as noted above. ARTICLE YXVIII SEVERANCE PAY � ' 28.1 Any Employee tiaith forty--eight (.48) or more consecutive months ' i � ' ' • . 1 , of emplo;,�ment will receive severance pay in �ash based on one and one-half (12) days for each twelve (12) consecutive months worked, but not to exceed thirty (3Q) days of the same. , - 2 3�-� _ � � . . � - � �'-1c . I�RTICLE XXIX..IVAIVEI. , 29.1 l�.n�� ancI all prior aoreements, resolutions, praci;ices, � policies, rules and regulations regardin� i:erms and conditions of employment, i;o the e�tent inconsisteni tivi.th the provisions of tl�is �.Grr�n2�NT, are hereUy superceded. � 29.• 2 The parties mui:ually ackno�vledg� that during ihe negoitations ��vhic:h resul_t;ecl in ihis .E�.GR}�LiVI�NT, eaeh had the unlirnited � right and op��oriuniiy to malce dem�inds and proposals �vi�h .. respect to any tcrzn or conclition of employr�ieni: �zot removed by lalv from bar�;aining. All a�reements and understancli:ngs � arrived at by the parties are set fort�i in tivr. itin� in this AGRELA2�I�T`l' for i:he si:ipulated durai:ion of ihis AGREEI'I �NT. Tl�e EMP7�01'1�1� ai�d ihe U�TION each voluniarilv and unqualifiedly waives the ri�;ht to meet and negoiiate regardinb any and a21 ferms and conditions of employment refer. red to or covered i.n thi.s AixR�El-ZENT or tiT✓iih respect io ans� term or condition of empl.oymeni not specifically referred i;o or covered by thi5 . �GrT��I�!13�N�i', even thougl� such ter�ns or conditi.ons may not have Uecn �vithin the l�no«�ledge or contemplation of eitlier ar b7t.i of i:he partics at the i:ime this contract tivas ��egotiai;ecl or e�:ecuted. ' � � . ' - 2 4 - " �'" 1 ' ARTICLE XXX DURATION � This AGREEbfENT shall be effective as of the January 1, 1974 and shall I'.remain in �ull force and.effect until the thirty-first day of December, 197 4. In witness whereof, the �arties hereto have executed this AGREE�iEi�1T on '' this 7th day of Ma , 197 4. , � CITY OF FRIDLEY ' ' � ' Z4YOR i .. � i R r : . � � �� � 'FOR THE INTERNATIONAL ASSOCIATION UF FIRE . FIGHTERS LOCAL N0. 1986 � r Zz� -., � � %y,,,�,� ' � ' . ' f /? 2iC� �'��1�1✓ ' , . . ,I hereby recommend to the City Council approval of Chis agreem�nt. ' . INDEX �. . s_Z � Article I - Purpose of Agreement . . . . . . . . . . . . . . . . 1 � Article II - Recognition . , .. , , , , , , , . . 2 . . . . . . . . . , Article .III - Definitions. . . . . . . . . . . . . . . . . . . . . 2 Article IV - Employer Security . , . , , , , _ , , , , , , , , . . . 3 ' Article V - Employer Authority . , , , , , , , , , , , . . . , , 4 . Article VI - Union Security . , , , , , , , , , , , . , . . , S ' . ' .' Article VII - Empl�ye� Rights - Grievance Procedure .. .... 6 � Article VIII - Savings Clause . , , , , , , , , , , , , , , , , , , 11 Article IX - Seniority . . . � . . . . . . . . . . . . . . . . . . .11 ' Article X - Discipline . . . . . . . . . . . . . . . . , , , ,12 Article XI - Constitutional Protection . . . . . . . . . . . . ...13 �� Article XII - Work Schedule . . . , , . , , , , , , , , ,13 ' Article XIII - Vacations . . . . .�. . .�, , , , , . , . , . . .14 �lrticle XIV - Pay tor Fire Calls . . . . . . . . . . . . . . . . .15 � Article XV - Employee Education Program . . . . . . . . . . . . .15 Article XVI - Holidays . . . . . . . . , , , , , , , , , , , , ,17 ' Article XVII - Normal Sick Leave . . . . . . . . . . . . . . . . .17 � Axticle XVIII - Injury on Job . . . . . . . . . . . . . . . . . . .18 Arti�cle XIX - Probationary Periods . . . . . . . . . . . . . . .�.19 rArticle XX - Funeral Pay . . . . . . . . . . . . . . . . . . . . .19 �Article XXI - Jury Pay . . . . . . , , , , , , , , �, , , , , , lg Article XXII - Uniform A1lowance . • . . . . . . . . . . . . . . . .19 ' Article XXIII �- Health.and Hospital Insurance . . . . . . . . . ,20 Article XXIV - Pay for Inspection . . . . . . . . . . . . . . . .20 ' Article XXV - Rates of Pay . . . . . . . . . . . . . . �. . . . . .21 'ArtiGle XXVI - Additional Incentive Pay . , , . , , . . ,21 Article XXVIT - Coll�ge Credits , . . . . . . , , . � , , , , , .22 Article XXVIII - Severance Pay . , � � � , , , , , , , , , , , , ,z2 Article XX�IX - �Jaiv�r . . . . . , , , . , . , , . . , , , . . , 23 � .' Article XXX: - Duration . . . , , , , , + . • t , + � . . .24 ' , -i- ' , ' � ' OFFICE OF THE CITY MANAGER FRiDLEY, MINNESOTA May 13, 1974 ' ME��10 T0: TNE HOfVORABLE MAYOR RNQ CITY COlJNCIL FROM: CITY MANAGER ' SUBJECT: NATURE INTERPRETIVE PROGRAM � ' 1 � � _' t ' _. ' 1 ' ' At th� City Council Meeting of May 6, 1974 the City Council authorized the City to hire a naturalist-resource coardinator. As a result of this action, the following arrangements have been mad�. l. Mr. Dan Huff was contacted by letter and notified of his appointment as Naturalist-Resource Coordinator. (Letter attached) 2. Mr. Huff wi11 be working with us on a temporary basis until July 1, 1974 to enable him to famiTiarize himself with the City and its facilities and to assist us in coordinating with other units of government. For example, Mr. Huff will be with us at our quarterly meeting with District #14, schedu1ed for tomorrow, May 14, 1974. Mr. Huff wi11 be preparing a proposed cost budget for the six months of 1974 in relation to the Nature Interpretive Program for the City of Fridley to be presented to the Council for review and approval. 3. The budget for 1975 Nature Interpretive Program will be presented to the Council as part of the total 1975 City budget from the City Manager`s office. �MQ/ms Attachment � V / 0 .� j ,�..: - � � ,:t r_ F ; j � t _ ' ��� ; e, .L=�_ J �L- 3_.. ?� � �1�� � i�fay i 0, 197� l.l� ,.� Mr. Dan Hc��'fi - _ . 2365 Valentine �tvenu� - _ St. Paul, Mirtnesota 55Tfl8 : , A�ar Mr. Huff: 4 . �ie are very pl�ased to we7came you as �n - emplqyee �o tne City a�' �r�d7ey. Your posiiian as i�atura 1 i s�:-R�s�ource Coordi na 4or was Q�'f 1 C1 d7 � J� . approv�d by ihe City Co�nci� at �heir M�y 6, 't9'14 meeting. Your er"fective date of hire is Ju1y i, 1974, and your s�arting salary wi11 b� at an annual rai� af �15,400 pQr year. . Al1 City �n�p1oyees are subject to a si� manth pro- .- batianary period alang with the requ�remen� ta pass - a physical axamination. We are 1 ook�i ng forward �o �r�orki ng wi th you, and we hop� you wi11 have a lang and h�ppY s�Ga,� wi�h us� . YO�r5 tru7y> Peter J. fierlofsky Administrative Assisian� PJN/ms CC: Accounting Ci ty htanager < �:. � ' . ' ' ' M Eh10 TO : ' Fi20i�1: ' SUBJECT: ' ' '� � ' ' � ' . � / OFFICE OF THE CITY MANAGER FRIDLEY, MINNESOTA May 13, 1974 THE HONORABLE MAYOR A�dD CITY COUNCIL CITY i�IAiVAGER NORiH PARK DEVELOPMENT Attached to this memo is a memo addressed to me from the Planning Assistant, Mr. Gerald Boardman, regarding the hearing before the Environmental Qualit� Council tomorrow, May 14, 1974 in regard to the q�testton of an environmental impact statement on fVorth Park. As a result of the Council's action at their� May 6, 1974 meeting concerning a referendum vote on the use of North Rark, a variety of alternatives have presented themselves. The alternatives noted on the attached memo are fior your review,and action should be taken and • forwarded to the Environmental Quality Council for the meeting tomorrow. � Attached also to this memo is a copy of the action taken at the May 6 meeting of the City Council concerning the referendum vote. An earlier Council action requested the City Manager to hire an architect to prepare plans for a golf course. Part of that action also requested the Manager to hire a naturalist to work with the architect in preparing these plans. Now ' that a naturalist has been hired and action has been taken by the Council to � have a referendum on the use of North Park, there is need for further clarifi- cation. I would therefore appreciate your direction on the following two questions: 1. Which alternatives concerning the Environmental Impact Staiement shown on the attached m?mo is most acceptable to the Council and should be forwarded to the Environmental Quality Council? 2. �oes the Council wish to hire an architect now or wait far the results of the referendum? iVMQ/ms ' Attachment ' ' , ' � , ' MEMO T0: ' MEMO FROM: MEMO DATE: , ' I� ' C '� � r , ' ' `• ' ' ' F,E : � Nasim Qureshi, City Man.ager Jerrold Boardman, Planning Assistant May 13, 1974 • North Park Issue in front of the Environmental Quality Council I talked to Jean Hielman, attorney for the State Planning Agency, about the determination to be made by the Environmen�al Qua?ity Council on the Environmental Impact Statement review of the proposed golf course on North Park property. In light a� the Fridley City Council's decision to put this issue to a�eferendum vote, the Environmental Quality Council staff wi11 be proposing four alterna�ives that the Environmental Quality Council can take. They are: 1. 2. 3. 4. No environmental impact statement will be required. Environmental impact statement wilt be required within the alloted 120 day time period. An environmen�al impact statement will be required, but the action time wi11 be delayed until after the November referendum vote. There wi11 be a postponement of the environmental impact statement decision until after the November referendum vote. In view of these four alternatives, the Environmen�al Quality Council staff would most likely recommend alternative number three, because the State statutes which set up the Environmer�ta�. Quali-t.y Council makes no provisions for postponement as laid out in alter-- native four. However, alternative four would be in the best interest of the City of Fridley, and should be voiced at the May 14th meeting. Jean Hielman �ecommends that we provide the Environmental Quality Council a copy of the motion that set up the referendum vote, as well as a request for one of the four alternatives which � would best suit the City of Fridley. � JLB/de � ' '< �._�,•- . 1.--� %s,<.�` . � .-ir. �-.-�---�..,,� y �RROLD L. BO.�RDMAN Planning Assistant 0 ' ' �J � , ' �_1 ' ' _, , � . ' , � � STATE OF i"(INNESOTA CUUNTY OF ANOKA CITY OF FRIDLEY ) ) ) ss � / I, the undersigned, being the duly quaLified and acting City Clerk of the City of Fri.dley, Minnesota, do hereby certify that I� have carefully campared the attached and foregoing extract of the mi.nutes of a re�ular meeting of said Council held Nlay 6, 1�74 , with rhe original thereof on file in my office, a nd rhe same is a full, true, and cocnplete transcript therefrom insofar as the same relates to: RECEIVING THE RESPONSE TO THE PROPOSEI} ALTERNATE TREE PRESERVATION ORDINANCE ADOPTED BY 'I'f-� PLANNING COMMISSION FROM THE CONr+IITTEE OF INITIATIVE PETITION SPONSORS AND DISCUSSION REGARDING CITY'S COURSE OF ACI'ION ON ZI-IIS ISSUE: WITNE'SS My iland as City Clerk of the Ci�y of Fridley and Lhe sea1. of the City th�s _ 13th day of Mav 1974 • igEAL) ` ; , � -= � /,� �^ ✓C�ti� MARVI C . BRUN`SE City Clerk of the City of Fridley � ' . 0 ' ' , � ' � .� � ,,. ' , ' ' � / The following is an Exert from the Regular Meeting of the Fridley City Council of May 6, 1974: h10TI0N ON ACTION UNDER TNE AGENDA HEADTNG OF RECEIVING THE RESPONSE TO THE PROPOSED ALTERNA7E 7REE PRESERVATION ORDINANCE ADOPTED BY THE PLANNING COMMISSION FROM THE COMMITTEE OF INI7IATIVE PETITION SPONSORS AND DISCUSSION REGARDING CITY'S COURSE OF CTION ON THIS ISSUE: L] MOTION by Councilman Breider to authorize a referendum at the general election in the fall for the issue of a golf course versus a nature center at the North Park site. Seconded by Councilman Nee. Upon a roll call vote, i:ouncilman Breider votin_g aye, Councilman Starwalt voting aye, Mayor Liebl voting aye, Gouncilman Utter voting aye, and Councilman Nee voting aye, Mayor Lieb] declared the mation carried unanimously and said the issue would be on the ballot at the general election in the fall. � � 0 i� � m RESOLUTION N0. �� � � � � � 7 � A RESOLUTION TO REQllEST THAT TtIE ENVIRONMENTAL QUALITY COUNCIL POSTPONE ITS FIhAL UECISION ON THE ENVIRONMENTAL IMPACT 5TA'TEMENT FOR T�tE USE OF NORTH� P�IRK � � i�`HERE�IS, the issue of the use of North Park for a golf course has � been brought before the Environmental Quality Council� �A.�--sa.gua.tu�e9; and idHEREAS, as the City of Fridley has tabled any action on its previous ' decision that North Park be developed as a golf course; and � {dHEREAS, the City of Fridley, in the best intexest of its�citizeris, has ,I , decided to present the issue of the use of North Park as a golf course or a nature centex to the citizens of Fridley in a referendum vote on November S, . 1974; and ' � ' ' •. � ' �� ' � I ' 1VHEREAS, such a vote will determine the actual use of North P�.rk and its decision taill. be binding on the Fridley City Cour�c�.l; and � {�'HEREAS, a.ny action taken at tliis time by tl�e Environmental Qua].ity Council would be premattire and based on a decision not yet made on the use•of North Park by the Fridley City Council. __ NOIU, T��EREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the Environmental Quali_ty Council is hereby xequested to postpone any decision on the preparation of an Environmental Impact Statement on the use of North Park as a goli course until the actual use of the North Park. property can be determined through genexal referendum on November 5, 1974. ' ADOPTEA BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS ��� DAY OF �""' , 1974. AT'TEST: CI'PY CLERK - AiARVIN C. l3RUNSELL C" , MAYOR - FRANK G. LIEBL � � �, �„< ; � ' � � ..+�+.��_ ,��ms — � � - ? ": , .,. .. �=..a�._� e,a.����'�+.�.4Y�#.n:4 � E"� � ` � � �'� �. �e�- �xai��,��.- �. 3231 CENTRAL AVENUE N.E. • MINNEAPOLIS, MINNESOTA 5541$ s STERLING 9-8878 � �1� May 10,1974 Mr. L�ureshi City �ianager - City of Fri.dley 6431 University A��. N.E. Fridley, Minn. 55432 Dear Mr. Qureshi: The Publicity Committee of' the silver enniversary celebra- tion has indicated its desire to locate twa or three banners across city �treets prior to the anniversary w�ek. The suggested locations would probably be Mississipp� 5treet near University, Old Central Avenue and either qsborne Road or passibly East River Road. I understand that it is necessary that the City Council approves the request before we proceed. ORE:o � 0 Yours truly, �' ' / '��!�,-'Z-',�. ���.�/ , � Oliver R. Erickson w�o�ai���o � .(�� •;�1u�RO�w,,. 7 � �