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06/20/1983 - 5239OFFICIAL CITY �CTNCIL AGII�IDA �[JNCII, MEE�'I� JU1� 20, 1983 FRIOLEY CITY COUNCIL MEETING PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: JUNE 20, 1983 NAME ADDRESS � ITEM NUMBER _______________________________________� _______=_____=__________________=___=___=_�______===='I , � t o� P� FRIDLEY CITY COUNCIL JpNE 20, 1983 — 7:30 P.M. Follawing are the "ACTIONS T.ARII�i". by the Administration for your information. ; ' �+�1l� • v ��l �M Cauicil Meeting, June 6, 1983 Minutes Approved �� ,, • =ti�,u; �... -. . - - -. � ' al� i� c �y � �� : No response • � :_ ��i�� Oonsideration of Appointments to Energy Conmission (Tabled 6/6/83) . . . . . . . . . . . . . . 1 Council tabled item pLmr.T� WORKS ACT?ON T��nts July llth Agenda bnsideration of Second Reading of an Ordinance mending the City Charter of the City of Fridley City Code Section F Misc.) (First reading 6/6/83) ... 2- 2 B No. 776 P,dopted ' �2—ACTION TAKEN: Ordinance Published Fridley Sun sideration of Second Reading of an Ordinance amend the City Code of the City of Fridley by ing a Q�ange in Zoning Districts (ZQA #83-01, nk Langenfeld Construction)(First Reading 6/6/83) .. 3 No. 777 Adopted Ordinance published Fridley Sun � �i_�. _ N�r. Consideration of First Reading of an Ordinance Adopt- ing a New C�apter 31 of the Fridley City Code �titled Gambling Devices and First Reading of an Ordinance Amending CYiapter 11 of the Fridley City Code by Adding Certain Fees and a City Code Nimiber . . . . . . . . . . . . . . . . . 4 - 4 G Ordinances both adopted on first reading with aQnendment in proposed Gambling Devices ordinance PC?LICE A(.TION TAKEN: Revised as amended - placed on next agenda , June l�, ceiving Planning Camnission Minutes of ne 8, 1983 . . . . . . . . . . . . . . . . . . . . . Vacation Request, SAV #83�1, for Portion 54th Ave. N.E., by L. Zi�mernan and Vagovich, 53�0 and 5400 4th St. N.E.......... 5-58 annina Cammission Recomnendation: Approval & 5E-5F th retention of access easement �uncil Action Needed: Set Public Hearing July 11, 1983 ic Hearing set for July 11, 1983 ��C WORKS ACTION TAKE[�I� Public Hearing for July 11, .1983 0 B. Lot Split Request, L.S. #83-02, Richard & Sonia Peterson, to make a new building site, 241 57th Place N.E ............................. 5B-5C ?�anning Conmission Reco�endation: Approval & 5G-5H Council Action Needed: Consideration of reconener►dation Lot Split approved pr�r.r� WpRKS ACTION TAKEN_= R�esolution put on agenda, waiting for receipt of survey C. Items fram Appeals Ca�nnission Minutes of May 24, 1983 � C-1. Variance request to increase the maximLUn square footage of a free standing sign at 5695 Hackmann Avenue N.E., Union OilCo�mpany .................................... 5-5R A�a�s Comnission Recomnendation: Denial & 5Q-SR Council Action Needed: Consideration of ReconIInendation Variance request denied �TRT.TC' WpRKS A(.TION 'r'AK_�I- Appllcant informed � .5-5X � Meeting, June 20, 1983 (Planning Cam►ission Minutes Continuec]) 2. Variance request to increase the ximiun square footage of a free standing gn at 6525 University Avenue N.E., Tile ctory Outlet ................................. 5R-5M �als Commission Recomnendation: Approval & 5S-ST th stipulations. Consideration of reconmendatian Variance approvec3 with stipulations PUBLIC WURKS ACTION TAKEN: Inf,ormec7 applicant of Council's approval with stipulations; C-3.' Variance request to reduce the side yard setback to allaw part of a converted garage to be used for a beauty shop, 901 Overton Drive N.E., Glenn Van Hulzen............ 5N-5P A�eals Corcmission Recomnendation: Denial &5U-5X Council Action Needed: Qonsideration of recomnendation Staff to clarify definition of living space vs. home occ�upations and refer item back to Ap�eals Caranission Page 4 Receivi.ng Bids for 1983 Joint and Crack Resealing & Co�erete Repai�s ��lpened 6/10/83, 11:00 A�M.) and Authorization to Reacivertise for I� Bids . . . . . . . . . . . . . . . . . . . . . . 6 Received bir3�, rejected bids and authorized staff to readvertise , PUBLIC i�ARKS ACTION TAKEN: Informed all bidders of Council action, and readvertised for new bids; Check w/Mark Meeting, June 20, 1983 nsideration of a Resolution entering into an reement with the State of Minnesota and the City Colimibia Heights for a traffic signal at 52nd enue and T.H. #65 . . . . . . . . . . . . . . . . . . . 7 - 7�H ution No. 57-1983 adopted C W�RKS ACTION TAKEN: Agreeq[�ent ted and forwarded to appropriate parties Consideration of Appendix B to Resolution No. 5-1983 Local Labor Agreement — Int'l. Union of Operating Engineers, Local No. 49 . . . . . . . . . . . . . . . . 8 - 8 F Appendix B adopted by Council C'.ETfl'RAL SERVICE ACTION TAKEN: Docim�ent has been executed and forwarded to appropriate parties. Zhe pages have been added to Resolution No. 5-1983 in Resolution Book Consideration of a Resolution Approving and Authoriz- ing Signing the Agreement Establishing Working Conditions, Wages and Hours of ErnpZoyees of the City of Fridley Fire Department for the Year 1983 ...... 9- 9 4 Resolution No. 58-1983 adopted CEI�TTI�AL SERVICE--ACTION TAKEN: DoCUment haS been executed and forwarded to appropriate parties Consideration of A Resolution Waiving the Restrictions on the Division of Taxes for the Property Located at 6570 Fridley Street N.E . . . . . . . . . . . . . . . . . 10 - 10 B Resolutioa� No. 5�1983 adopted �1RT T[` VIARKS ACTION TAKECL: Certif ied oopy of Resolution forwarded to appropriate parties; Qzeck w/Bill � r�� sideration of a Resolution Approving a division, Lot Split, L.S. #83-01, at the Gorner Osborne Road & Iakeside R�aad N.E. . . . . . . . . . 11 - 11 B olution No. 60-1983 adopted ZIC W�RKS ACTION TAKEN: Certified copy of olution forwarded to appropriate parties; Ct�eck w/Bi12 Gonsideration of CY�ange Order No. 2 for Center CityPlaza . . . . . . . . . . . . . . . . . . . . . . 12 - 12 A Ct�ange Order No. 2 appravec7 in the aQnount of $2,800 pUBLIC WORKS—ACTION TAKIIV: Qzange order executed and forwarded to appropriate party Estimates . . . . . . . . . . . . . . . . . . . . . . . 13 Estimates a�roved C,Et�rRAL SERVIf� ACTIOi+i TARII�I: Fstimates paid ILicenses . . . . . . . . . . . . . . . . . . . . . . . 14 - 14 A - - . .. . -. «a��: i ?��i� « • � �;� : ,��,� - - - . � Claims . . . . . . . . . . . . . . . . . . . . . . . . 15 ... . -. ��,��4.: �+;i� •� i•� •� :; �, ti �_ . �_ �.r�i.`� 0 r- . - i� �� FRIDLEY CfTY COUNCtL JUNE 20, 1983 - 7:30 P.M. ' � �� : : ► ,...� . � u ► �� COUNCIL MEETING, .1UNE 6. 1983 .��' �► � : ►�� 1' 1 �: �►1 �► iCON51DERAT(ON OF ITEMS NOT ON AGENDA - 15 MINUTES) I 1 ; � CONSIDERATION OF APPOINTMENTS TO ENERGY COMMISSION (TAB�ED 6/6/83) . . . . . . . . . . . . . . � � � 1 m COUNCIL MEETING, �UNE 20, 1983 1 1 : ► � � �� PAGE 2 CONSIDERATION OF SECOND READING OF AN ORDINANCE AMENDlNG THE CITY CHARTER OF THE CITY OF FRIDLEY (CITY CODE SECTION F MISC.) iFIRST READING 6/6/83)-. .. 2- 2 B CONSIDERATION OF SECOND READiNG OF AN ORDINANCE TO AMEND THE CITY CODE OF THE C1TY OF FRIDLEY BY MAKING A CHANGE IN ZONING DISTRICTS (ZOA �83-01, FRANK LANGENFELD CONSTRUCTION)iFIRST READING 6/6/83) .. 3 ► a� ' ► CONSIDERATION OF FIRST READING OF AN ORDINANCE ADOPT- ING A NEW �HAPTER 31 OF THE FRIDLEY CITY CODE ENTITLED GAMBLING DEVICES ANO FIRST READING OF AN ORDINANCE AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE BY ADDING CERTAIN FEES AND A C I TY CODE NUMBER . . . . . . . . . . . . . . . . . 4 - 4 G ►a� : ► �► ► � RECEIVING PLANNING COMMISSION MINUTES OF JuNE 8. 1983 . . . . . . . . . . . . . . . . . . ... . . 5 - 5 X A. VACATION REQUEST. SAV #83-01, FOR PORTION OF 54TH AVE. N.E.. BY L. ZIMMERMAN AND L. VAGOVICH, 5380 AN� 5400 4TH ST. N.E.......... 5-58 PLANNtNC COMMISSION RECOM.MENDATION: APPROVAL 8 5E-5F WI7H RETENTION OF ACCESS EASEMENT COUNCiL ACTION NEEDED: SET PUBLIC HEARING FOR JULY 11. 1983 B. LOT SPLIT REQUEST. L.S, �83-02. RICHARD b SONIA PETERSON, TO MAKE A NEW BUILDING SITE. 241 57TH PLACE N.E ........................••••• 56-5C PLANNING COMMISS�nN RFCOMMENDATtON: APPROVAL b 5G-5H y GOUNCIL ACTION NEEDED: CONSIDERATION OF RECOMMENDATION C, ITEMS FROM APPEALS COMMISSION MINUTES OF MAY 24, 1983 C-1. VARIANCE REQUEST 70 INCREASE THE MAXIMUM S�UARE FOOTAGE OF A FREE STANDING SIGN AT 5695 HACKMANN AVENUE N.E.. UNION OiLCOMPANY.� .................................. 5-5K QPPEALS COMMISSION RECOMMENDATION: DENIAL 8 5Q-5R �0�1NC t L ACT I 01� l�EEDED : CONS 1 DERAT 1 ON OF RECOMMENDATION , � . � rH�t � ►a, : � �� ► � (PLANNING COMMISSION MINUTES CONTINUED) C-2. VARIANCE REQUEST TO INCREASE THE . MAXIMUM SQUARE F007AGE OF A FREE STANDING SIGN AT 6525 UNIVERSITY AVENUE N.E.. TILE FACTORY OUTLET ................................. 5K-5M APPEALS COMMISSION RECOMMENDATION: APPROVAL 8 5S-5T WITH STIPULATIONS. �OUNCIL ACTION NEEDED: CONSIDERATION OF REC4MMENDATION C-3. VARIANCE REQUEST TO REDUCE THE SIDE YARO SETBACK TO ALLOW PART OF A{ONVERTED GARAGE TO BE USED FOR A BEAUTY SHOP, 901 OVERTON DRIVE N.E.. GLENN VAN HULZEN............ 5N-5P APPE LS COMMISSION RECOMMENDATION• DENIAL 85U-5X �OUNCIL ACTION NEEDED: CONSIDERATION OF RECOMMENDATION . RECEIVING BIDS FOR 1983 .101NT AND CRACK RESEALING b CONCRETE REPAIRS (OPENED 6/10/83. 11:00 A.M.) AND AUTHORIZATION TO READVERTISE FOR NEW B I DS . . . . . . . . . . . . . . . . . . : . . . 6 . COUNCIL MEETiNG, JUNE 20, i983 1a� � �► 1 • � � PAGE 5 CONSIDERATlON OF A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE STATE OF MI�NNESOTA AND THE CITY OF COLUMBIA HEIGHTS FOR A TRAFFiC SiGNAL AT 52ND . AVENUE AND T.H. �65 . . . . . . . . . . . . . . . . . . . 7 - 7 H CONSIDERATION OF APPENDIX B TO RESOLUTION N0, 5-1983 LOCAL LABOR AGREEMENT -- INT'L. UNION OF OPERATING ENG 1 NEERS, LOCAL NO . 49 . . . . . . . . . . . . . . . . S - 8 F CONSIDERATION OF A RESOLUTION APPROVING ANO AUTHORIZ- ING.SlGNING THE AGREEMENT ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS OF EMPLOYEES OF THE CITY OF FRIDLEY FIRE DEPARTMENT FOR THE YEAR 1983 ...... 9- 9 Q � CONSIDERATION OF A RESOLUTION WAIVING THE RESTRICTIONS ON THE DIVISION OF TAXES FOR THE PROPERTY LOCATED AT 6570 FR � D�EY STREET N, E . . . . . . . . . . . . . . . . . 10 - 10 B , � . 0 COUNCIL MEETING, JUNE 20, 1983 ►a� : 1► ► •► ► � PAGE 6 CONSIDERATION OF A RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #83-01. AT THE CORNER OF OSBORNE ROAD b LAKESIDE ROAD N.E. .......'. . 11 - 11 B CONSIDERATION OF CHANGE ORDER N0. 2 FOR CENTER C ! TY PLAZA . . . . . . . . . . . . . . . . . . . . . . 12 - 12 A ESTIMATES . . . . . . . . . . . . . . . . . . . . . . . 13 L I CENSES . . . . . . . . . . . . . . . . . . . . . . . 14 - 14 A � CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . 15 � 1 � J: i CITY COUNCIL OF �.t � 1�. �4o-. • y:i ;�r, 1�; ,ei�� 1�. • MCi �+: I� �} M4 !�. J�. �� 1)�� . — -- — Zi�e Regular Meeting of the Fridley City Council was called to order at 7:30 p. m. by Mayor Nee. P?�GE OF AL�L�DGIANCE• Mayor Nee led the Council anc3 audience in the Pledge of Allegiance to the Flag. $QLL CAI�L�: 1�IBE�t.S PRESII�I`: IKayor Nee, Councilman Fitzgatrick, Councilman Hamernik, Councilman Schneider and Covncilman Barnette ��+��:.�: � L ��'i�'.TiC=� . • � ��[i � ii �-�:i�y�� i\� N\��DI� :�:�� i�� 1� 1f .� +. 1l:. • �• � MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ��.1�, ti� � �; � � • ' � NqTION by Councilman Schneider to approve the minutes by Councilman Barnette. Upon a voice vote, all declared the motion carried unanimously. ; i � � � • Lcl�� • as presented. Seconded voting aye, Mayor Nee Mayor Nee requested the follaving item be added to the agenda: "Consideration of Fermit for Fireworks for the 49er Days Celebration". MOTION by Councilman Fitzpatrick to adopt the agenda with the above addition. Seconc3ed by Counci]man Schneider. Upon a voice vote, aIl voting aye, Mayor Nee declared the motion carrieci unanimously. •'?�� ) � M,�+�- L�� . . � � �c�� ,. � s�� , M Mr. Dewey Pulam, Commander of VFW Post 363, appeared before the Council regarding their request for the Council to adopt a gambling ordinance following the guidelines of the State statute. Mr. Pulam stated that most of the cities in this area have such an ordinance and their members, as wel7. as non-members, participate in these functions. ��.J�. � ti��, • 11��_ • .0 Mayor Nee stated both members of the VFW anc3 American Legion asked him how to proceed to obtain such an ordinance and he felt it was appropriate to ask the Council to review it. Mr. Pulam stated the gamblinq ordinance would be for the non-profit organizations in the City. �uncilman Barnette asked if this was comnon practice in the majority of the VFW Posts. Mr. Pulam stated it was very comnon and the neighboring cities of Blaine, Colimibia Aeights, and Coon Rpaids, as well as many others, have a gambling ordinance. Mr. Pulam stated the Council has a record of the VFW's contributions to community service and the proceeds from such an ordinance would also go towarcls comnunity service. MOTION by Council.man Haanernik to direct staff to recomanend an ordinance for the Council's cansideration. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee cleclared the motion carried unanimously. Mr. Jim Aill, Public Safety Director, stated all the cities in Anoka County have such an ordinance and that the State statute is pretty stringent and well-defined reqarding a gambling ordiance. :1'-. ��._ � C N�. . ��-_ �_;��. •� �_ �.� ��. �� -� .!: � � �C�_�� ti ��. ��► � � �� i4� A� �A ��. �� ' � �! �� ,� � _ �1� � : _ � M �i�� _ � � � � �� i �,. • • ♦1y1,�� i e ��\l � : \l� � � � �I� � M� i ,�,�.'11 �`�i� , MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Counci].rtian Barnette. Upon a voice vote, all voting aye, Mayor Nee declarec3 the motion carried �animously and the public hearing opened at 7:43 p. m. Mr. Flora, Public Works Director, stated this request is to rezone lots in Erco's First Addition from commercial to multiple residential in order to construct three four-plexes. He stated the size of the apart�ner►ts will range from 1,004 to 1,080 square feet per unit with single car garages. M.r. Flora stated the plan is being reviewed by the Rice Creek Watershed District to make sure it meets their criteria. Mr. Flora stated the units are basically designed so they could, at some future date, beoome oonclominiim�s. At this point of time, however, they will be used as rental property with rents between $475-$500/m4nth. Mr. Flora stated the Planning Commission recomlrended approval of this rezoning request with the following stipulations: (1) the proposal meets with approval of the Rice Creek �atershed District; (2) a certif icate of survey be required; (3) fencing be provided between the two properties; (4) trash oontainers be relocated and addressed in the landscaping plan to be approved by the City staff; anc3 (5) a 10 foot bikeway/walkway easement be provided along Mississippi Street. �ilI�1CII, MEEZ'ING OF��DI�E 6 �,1983 �..� Mr. Flora statea the City has r�ormally been requesting a 15 foot easement for the bikeway/walkway system so he would suggest, if this rezoning is approved, that a 15 foot easement be provided. � Council.m�n Schneider questionec� if p�rking was adequate since there are only single car garages. �e petitioner stated each four plex would have a single car garage per unit as well as six other uncovered parking spaces. I j Mr. Flora stated two ac3jacent property owners were present at the gublic hearing before the Commmission and didn't have any objection except they wanted fencing to be provided between the commercial and residential ' properties. I�o persons in the audience spoke regarding this proposed rezoning request. MQ'I'IOr by Councilman Schneider to close the public hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee c3eclared the motion carriea unanur�ously and the �lic hearir.g closed at 7:48 p. m. ZY�e Fetitioner asked if it would be possible to have a first reading on the rezoning ordinance since they wished to begin construction as soon as possible. MDTION by Cocancilman Schneider to approve the first reading of the ordinance to grant rezoning request #83-01 to rezone Lot 3, and the north half of Lot � 4, and Lots 6, 7 and 8, Block 1, Erco's First Addition, fram C- 2 to R-3, all located in the north half of Section 13, T-30, R-24, City of Fridley, with the follawing stipulations: (1) that this re2oning meets the approval of the Rice Creek watershec3 District; (2j a certificate of survey be filed; (3) fencing be required; (4) trash oontainers be relocated and addressed in the landscapinq plan to be ap�roved by the City staff; and (5) a 15 foot bikeway/walkway easement be retaine� along Mississippi Street. Seconc]ed by Counci]_r�an L�arnette. Upon a voice vote, all voting aye, Mayor Nee declared the nbtion carrie�� un�ni�rously. �` �a 2 PL�E,L:IC HF�ARING__ON P,�SSFSSMII�TP F�DR in1ATER SANITARY G�'R. A1�? SZ�ORM SEWEFt ��VF�'IENT PR(7�TEC.T N0. 13d. MaTION by Counci].m�n Schneider to waive the reading of the public hearing notice anc+ open the public hearing. Seconc7ed by Councilman Barnette. Ugon a voice vote, all voting aye, Mayor Nee declared the motion carried unanincusly and the public hearing opened at 7:52 p. m. Nir. Inman, City Clerk, stated this project was for water, sanitary sewer and storm sewer in the Aeather Aills project and was petitioned for by Brickner Builders. Mr. Irunan stated the total cost of the project was $109,577.23 and, at the request of the cleveloper, this oost was divided among the 11 lots for a total assessment of $9,961.57 per lot. Mr. Ralph Skinner, 6217 Central Avenue, stated he wished to make a statement to the Council regar6ina development of his property, and how previous actions of the Council landlocked his property. Mayor Nee stated the item being heard naw is the question of the assessn�ent to the lots in Heather Hills. Mr. Skinner stateci he had no objection to the matter of the assessmEnts being placea on those lots in Heather Hills. a00►�x`n. I+iEET�; 2F �� 6, 1983 PAGE 4 Mayor Nee statec3 he Frauld rather keep the record of this hearing focused on the asses�ents arc, r'r . Skinner would be able to give his comments reqarding his property, after the public hearings on the improvement projects. (see later comnents) Mr. Qureshi, City Manager, statec� if Council proceeas with the request of the developer that these improv�nent o�sts be equally divided, a notation to this effect w�ould be made on the records. He stated if the normal assessment method were used, the lots would have varying assessznents depending on their size. No persons in the audience spoke regarding these proposed assessments. MDTION by Councilman Schneider to close the public hearing. Seconded by Councilmar'i Farnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously ana the public hearing closed at 8:00 p. m. 3 r T HEARING ON ASSF.55ME� FOR i�TER AI�ID SANITARY SEWER IMPI�III�IE� �� J J� � ' MOTION by Councilman Hamernik to waive the reading of the public hearing notice and open the public hearng. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimou5ly and the public hearing openecz at 8:00 p. m. Mr. Inman, City Clerk, stateci this improvement project is for water and sanitary sewer for the Doty/�lellner Addition an� 64th Avenue improvements. He statea the in�rov�t�ents for the r�t��/t�%ellner Ac'�cition were petitioned for by the awners anG the 64th Avenue improv�nent was petitioned for by the Housing and Redevelopment Authority. 7�e total cost for the Doty/Wellner Addition was $29,394.38 to be divided equally between 13 lots or an assessment of $2,261.11 per lot, as rec;uested by the cieveloper. Zt�e oost to be assessec, to the HRA for the 64th Avenue improv�r�ent is $17,516.55. Mr. Inman statea Air. Doty has withdrawn his earlier rer;uest to the Council to have the assessr.ents r'ivic:e<< tc or.�y eioht lots. No persons in the audience spoke regardino this proposed assessment. MUTION by Councilman Hamernik to close the public hearing. Seconded by C,ouncilman �chneider, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the pu�lic heair.g closed at 8:02 p. m. � t � P�TA�,TC j�n � 9N A�SSF�SSMENr FOR a,ST�tEET IN�?]�OVII�'lE�'I�?r P%�TDC'i5 ST 1982-1 A�ID ST. 1982-2: MOTION by Counci].r�ar► 5chneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:02 p. m. Mr. Inman, City Clerk, stated this assessment is for street improverr:ent projects ST. 1982-1 and ST. 1982-2. He stated the total cost of project ST. 1982-1 was $172,012.07 and covered street ir�proven.�er�ts ir. the Feather i:ills Piest Aadition, Doty/WelZner Adc�ition, 69th Avenue, and the Uniersity Avenue West Service Road. ��.1�. 1_ til��. � 1�J\� • �_- - Mr. Inman stated the total cost for the Heather Hills h'est Addition was $69,977.60 whi�ch was to be divided equally aanong the 11 lots, as requested by the developer, or a total of $6,361.60 per Iot. He stated the total cost for 69th Avenue and University Avenue West Service Roa6 was $81,648.03, with $31,842.73 to be paid by the City and $49,805.30 to be Faid by the County. Zhe total cost for the Doty/�Tellner Addition was $14,882.62 which was divided equally among 12 lots, as requested !7y the developer, or a total of $1,240.22 per lat. Mr. Irm�an stated the 1982-2 street imrpov�nent project includes 73rd Avenue and University Avenue East Service Drive for a total cost of $176,242.24. He stated the cost per front foot for street surfacing on 73rd Avenue was $1I2.20 and the oost per front foot for curb anu qutter was $11.50. The cost per front foc,t for tr�e t�niversity Avenue East Service Drive was $62.25. Mr. Irunan stated half of the cost of this Froject would be paid from State Aid Funds and the other half w�uld be assessed to the property awners. Gouncilman Hamernik questionecl if Lot 7 on Starlite Circle had already paid an assessment. Mr. Inman stated an assessment was paid for street, but not for the water and sewer. r�r. Dick Earris, 6200 Riverview �errace, asked if the cost of the overlays for 78th anu 79th Avenues were included in street imgrovemer.t �roject ST I �E2-1. N':r. Inmr.i'1 stateci this was included in an amount of $5,503.52 which is to be paid from the �treet Maintenance Fund, there will be na assessments for this work. No other persons in the audience spoke regardinq these proposed a.ssessments. MOTION by Councilman �amernik to close the public hearing. Seconded by Councilman Schneider. Lipon a voice vote, all votinq aye, Mayor Nee declared the motion carrica unanin�ously and the gublic hearir.g closed at 8:08 p. m. � �� ,�- �•,• ,� • � � _�z �� _ �� +��.._ � �?+�i � � ��?� =' �� +� • ��•�� Mr. Skinner stated he wished to make known to the Council a proposal for development of his property and would like for the statement to be a matter of record regardless of the Council's c3ecision. Mr. Skinner presented a letter to the Council nated June 6, 1983 and asked Mr. Stanton from Stanton Realty to read the statements contained in the letter. �he st�rary of I�r. Skinner's letter w� that he attendee the public hearings when the Heather i?ills F?est Prcject wa, beino corsi�ered as he was desirous of �evelopino his property north of Heather Flace. K�r. Skinner stated he was willing to pay a"fair share" of the cost of the special improvements, but was �.mable to obtain an answer at the hearings as to his exact final costs and options, therefore, at that point in titr�e was not prepared to enter into kfiat seertcd to be an open en6, blank check contract and make commitments to which he was not sure of the outcome. �� J�. ,e�_._ ��. • 11�� • � • • . Mr. Skinner's letter went on to state he felt necisions were made which adversely affected his property rights and by the Council's actions preferential treatment was given towards some tax-paying citizens of the conmunity. He felt poor juclgment was followea and should be rectified and indicated he is willing to pay his fair share of $18,835 for special improvements. l�ir. Skinner's letter ir_oicatea he would be willinq to pay this �t when the City affects a cure for the problems caused, approves his plat, and obtair.s access for hir� frar.� �e�tt,er F1�_ce Street. MC�'I`ION by Councilmar� Schr�eioer to receice tbe letter from t'r. R�Iph Skinner dated June 6, 1983. Seconded by Coun�i].rnan Hamernik. Upon a voice vote, all voting aye, Mayar Nee declared the motion carried unanimously. Councilman Schneider reviewed the comments in the July 13, 1981 minutes regarding this plat and a conrnent to the fact that Hir. 5kinnner didn't want to develop his property. Mr. Slcinner statea the only thing he remembers saying was he would not comnit himself to developinq the property or paying some price for cievelopira his property in oonjur�ctior, with the �eather Hills groject tmless he knew the bottun line oosts. He stated his reason was that the costs oould be more than what he would stand to gain out of developing the property. Mayor Nee statec3 Mr. Skinner was present at the meetings and told th e Council he wasn't willinq to cievelop his property. He stated it was also pointed out to rir. Skinner, if the Council agproved the Heather Hills project, he would have to deal with Nr. Brickner. Mr. Skinner statea the minutes will shok� he �tated he was �ir.terested in c�evelogina his property, but wouldn't coirarst himself on the cost. Air. Skinner stated he doesn't have any dispute with the meetings that were held, but objects to the action taken that put hi.m in this position. He stated since Nir. Brickner hasn't developed property, he wasn't aware of the steps to be taken, but was led kyy Council on what steps could be taken. bir. Brickner stateQ he has developed on the land and is aware of the procedures to be taken. He stated, besides the development in Fridley, he ha� developed land in I�ew Brighton which consistea of 2� lots. r�ayor Nee stateci nothing happens in the way of street construction unless someone getitions for it. He stated the petition was received from Mr. Brickner anc3 Mr. Skinner refusea to sign it which relinguished his interest in the question. Mr. Skinner stated the reason he didn't sign the petition was because he clidn't want to oornnu.t to this imrpovem.ent rvot knowinq what it would oost. Mayor Nee pointea out the City never has an irr�provement project where they knaw difinitely what it will cc�st ur�til the tin� of f�,e assessment hearir.g. �?e stateG they try to r,lake ar, estir.ate, but r�body quarantees any prices. Counci]man Schneider stated at the time the Heather Hills project was being considered, Mr. Skinner made a oonscious decision nat to participate in the oonstruction of the street ane haa no interest in it as he wasn't going to develop his property. �IL twF:�'t'n�r �'��, 6 . ,�983 PAGE 7 Mr. Qureshi, City Manager, statea if Mr. Skinner wants to develop his property, he should get together with Mr. Brickner to try ana resolve the problesr� . ASayor Nee fe�t nothing was being accomplished with the present discussion ana if Mr. Skinner had a concrete proposal to subcnit to the Council, he could do so and it would oome before the Council at one of their meetings. � i )� - - -.i_: :_ i�, --�.� : Vl�i►l� yl�l�� }�1��:_ 1� �� i� � Srl _ «: � ��_4�� !�� 1 / : 1 '_ �ii� : 1 MOTION by Councilman Hamernik to waive the readin� of the public hearin� r.otice anc� open the Fublic hearin�. Secon�ed by Councilman �chnEicer. U��on a voice vote, all votinq aye, Nayor Nee declared the motion carried unanimously and the public hearing opened at 8:50 p. m. Mr. Walt Starwalt, (hairman of the Charter Co�nission, stated he, as well as l�r. Treuenfels, was present to answer any questions the Council may have regardino, these proposea Charter ainenc3ments. Mr. Qureshi, City r?anager, stated this is one segment of the Charter amenc�nents, sut�itter. k+�° tre Comr�ission, which the Council has discussed and had no corm,ents a�ntrary to tt�e Comlr�ission's recoiranendations. Mr. Truer�fels, mP�rr�er of tY�e Ct�arter Comr�is�ion, state� unc?er Section 2.Q3 perhaps the referer,c.e; to tt�e years in the 1950's should be deleted. Mr. Starwalt stated this was discussed at the Cnarter Gommission meeting and they felt the Qzarter was a historical doc�unent, therefore, to leave in these dates would be valid. Mr. Truenfels felt perhaps the place for this wasn't in the Charter. tKYTION by Councilmzn Schneider. Upon a voice vote, all voting aye, riayor Nee declareu the motion carried unanitrously and the ��ic hearir5 closea at 8:55 p. m. . • . � s ►!_�� _ �'--'�� } '�� .. . ��1 •� �iJ�� '• -i• •S /��._��.« �� N,«is_ t h:M.S'� � �I�.� ��!�4 � ,� � �� i � �i��4r • �1 s C _ DI� . Mayor Nee statea the motion, before the Council, made at the l�ay 16, 1983 meeting was to aeny this variance request. Mr. Siverts statec?, since the last meeting, the fence has been con:Fleted �nZ built to the ��.�=cifirvtior�s he submitte� to the Counc�l. He stated it has been inspectec� anc a�rovea structurally by the Public Works Director and he will comply with the neighbor's request to stain it c3ark brown and plant vines. Mr. Siverts presented a letter from his neighbor i��eaiately to the north of his property. IL MEETING OF �tTNE 6. 1983 PAGE 8 MOTION by Councilman Schnei�er to receive the letter from Mr. Sivert's neiqhbor. Seconaed !7y Council�r�an Hamernik. Upon a voice vote, all voting aye, Mayor Nee declarecs the n�tion carriea u�anin�ously. M.r. Siverts staten the letter basically states that his neighbor has no qua].� regardina the height of the fence and understands it would be stained and vines planted. Councilman Schneider stated he has no objection to the aesthetics of the fence, but questionea the hardship or unigueness of this situation. He stated, obviously, the r!eighbors dont't have a concern. Councilman Fitzgatrick statea he woula withdraw his second on the original nbtion for denial. Councilnan Schneiaer stated with the seconG withnraF�r., there is no Ionger a n�c�tion on the floor so he k�euld withdraw the motion. MC�I'IOr? by Council.r��an Rarnette to grant the variance to allow the fence to be built at a gracivatec3 height, as shown in the drawing submitted, rather than the required 7 feet, with the understandinq the staining and bracino of the fence and planting of the vines would be completed by September 1, 1983. Further, the haraship is based on the lights anc noise from industrial centers wY�ich have located near the Siverts' residence; haaever, in the event this fence is ever destroyea or torn caown, it would be rebuilt to meet the code requirer,�_nts. Seconoed by Counci]sran Hamernik. Councilman 1�_rnette statec� frotr. the 3 to 2 vote by the Appeals Commission, there was some disagreement by these members whether or not to grant the variance. Councilman Schneider stated there isn't a financial hardshig involved or a stivation where N�.r. Siverts cannot do it another way. Council.m�n Fitzpatrick statec7 he had seconded the original motior� for denial, but has looked at the fence anU cione some thinkinq about it and dion't Ylave any probl�?. ��is nay set a preceaent. He stated he believed if someone else w�nteu to canstruct such a fence, there t�rould be objectior, frcm the neigrtr�r� , Y,u,�ever � tY�i. isn't the case ir_ this situation. L�? P_ VDICE VO'I� 7'fiKFl�' (7�i 2NF� APUVE MCirION, Council.r�an Barnette, Councilman Hamernik ana Counci]man Fitzpatrick voted in favor of the motion. Councilman Schneider votea against the motion. K,ayor Nee abstained from voting. riayor Nee declareu the motion carried by a 3 to 2 vote. i - �' LE'VEE�T�,j� � CITY OF FRIDLEY (�'.ASLID 5j16/83) : Mr. Flora, Public F?orks Director, stated the U. �. Arrny Corp of Enqineers can provide, at no oost, a preliminary study of the Mississippi River Ievee to advise the City on the condition of the dikes anc7 provide suggestions on maintenance and corrective actions. He stated in order ta accomplish tYiis inspection, the Council mist first adopt this resolution. N:r. Flora stateci, if a probl�r is founa c3uring the inspeetion, it woulcl be necessary ta oone back to the Council with another resolution to aetermine hc�� to Froceeci. Fe stateG, at the present time, if a flooa groject wa_s to be con�,Ieteci, Fec�eral funds would be useci at no oost to the City, however, this could change at any time in the future. �• �� ' � 10 �� 1�, r ti��+��. � t 1�+ • • ' . i �y . Mayor Nee stated if the Ievee needs to be rebuilt, is there a requirement for the City to rebuilc3 it. MY. Ferrick, City Attorney, stateci if the inspection and evaluation is made by the Army Corps of Engineers and deficiencies are indicated and recoim�enc3ation on what actions should be taken to correct them are maae and the Council did not feel they could proceed with thE corrections, he felt there should then be some n�tification to the groperties within the area as to the results of the study. �uncil.man HaQnernik asked if there is the possibility that the current levee could be determined to be a pern��nent levee. Nr. Flora stated it wou1Q be a possibility, but the chances would be relatively slim. Ae felt possibly with son�e modifications it ooula, in fact, became a substantial structt�re. N�TIOD� by Councilran Fitz��trick to aQOpt Resolution No. Councilrran Han�ernik. Upor.� a voice vote, all voting aye, tt�e nK�tior� carriec� ivk�r�in�?usly. . � s ti � • �+�►��h !! �i� _ � _ i z a�� . : 51-1983. Seconded by Mayor Nee oeclareu MOTION by Councilman Fitzpatrick to table this item. Seconded by Councilman Ha.�nernik. Upon a voice vote, all voting aye, Mayor Nee declarea the motion carried unaniir�ously. � �. i ��- , _� • _ � ' � _. �. _� � ��.« � �!� � 4 �! , �' _ : • �• � • � � � • ••� 4 • ' � � �lt� ��1� � � � 1 1 : 1 � � i�� : 1 MOTIOIv by Councilraar► Gchneider to waive the first reading and approve the ordir�ance upon first reading. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unar.i.ur.ously . , � � �/ �. __�4�� ii!��f �(i- i':��:- M�� li, � y��- �si��' ��I • i ,1� �� 'Ji' • �1� � �I _�' • � � � � • � 1 • � ��'' �' ��' 11 ': MOTION by Councilman Schneicier to set the public hearing for July 11, 1983. Seoonded by Counci].mzn Famernik. Upon a voice vote, all voting aye, Niayor Nee declared the motion carriec� unanimously. ; �« _�� . «�: �?±� !�,� �. _ �1 ��?�. • �� _ . . L �� + �.1% :� ' �. ��. �� . . . �� u �� a �,�� • 4�� ' • . 1 . 1 • 1� . 1� MOTION by Coucnilnan Han�ernik to receive the �:inutes of the Charter Conaeission meeting of April 21, 1983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declarec► the motion carried unanimously. FiD'I`ION by Councilman Schneider to set tbe �lic hearing for July 11, 1983. Seconded by Counci].zran H��rnik, lipon a voice vote, all voting aye, Mayor Nee declare6 the ir.rtion carric-� urwr�irr�ously. •�-. ��.1�, ,e�� . � 1J��_ • ' � �� ' �� . ��yi �, �1��_ • ti• .. .. � � � � � _ �. � �•_ }_ l� .: � � �� : yl• �IC. «i :�i� �1� C � �� 'v� �t C • : ��'s ' ' J��+ ��i�� N 1 �. ••_ '�+� �+ � MOTION by Council.m�n Schneiaer to set the gublic hearing on this rezoning request for �TUly 11, 1�383. Geconded by Councilnan Hamernik. Upon a voice vote, all voting aye, Mayor Nee c3eclared the motion carried unanimously. !� �_ � �� a?ti� s i � tii�. i�� a+; :. �.:�;,i �!:� :�� . � _i � �� ;,�:� Mr. Flora, Public Works Director, statea this is a request to split off the southerly 104.02 feet of Lot 1, Block 2, Sprinq Lake Park Lakesic3e. He stated the Planning Coirar,ission has recomrr�nuec? agproval of tl-,e lot sFlit with the followinq stipulations: (z ) st�ff cl�rifY tt�e �r.�ovr.t ef easer.�ent neec•ec off Osborne Road for street ano bikew�y/walkway; (2) staff check to see if any easements are required fram the utility comF.anies and cable television; (3) staff clarify the sewer line; anG (Q) the applicant qet a survey of the property prior to the Council meetino. r':r. Flora stated a 17 foot street and a 15 foot bikeway/walkway easement for a total of 32 feet is needed alona Osborne Road. He further statee, �s fa,r as the easements for the utility companies and cable television, these wouldn't be necessary as they are servicee off Lakesiue or Gsborne Rc:ad. t'x. F]oru poir�te� out a Fjrobl�a does exist, hawever, for ac?jacert L�ct 2, if a lot �lit is ever rea,uested for this lot. rr. �ureshi, City Manager, stated with this lot split, the City is trying to assure utility access for Lot 2, even though Lot 1 is the only one requested to be split at this ��articular time. He felt a five foot easement should be rec�uired on each siue of the aivision (split) line. Mr. �Ureshi stateci ar.other sti��ulation hToc�lo be payment of water and sewer assessz:ents if ttiey haven't alreaGy been Faid. Mr. Seger presented a certificate of survey anG voicec3 concern over provieing a 32 foot easen�ent or� Q�borne koau, as it really cuts c�ot�:r thE :ize of tY:e lot. Mi. �reshi felt this wovlon't be a problem anci the staff could work with the petitioner on thi� poi.nt. MDTION by Councilman Schneider to concur with the recormnen�ation of the Planning Coirgnission anG grant lot split L. S. #83-01 subject to the folloh�ing stipulations: (1) a 17 foot right--of-way ease�r�ent be provic�ed on the ncrth side of tr.e r,ortherly Iot ar_c the aac+itional 15 foot bikeway/walkway e�sement to the City; (2) a 10 foot easement for utilities be groviaeo on tY,e lot sglit line; (3) the property amer agrees to �� ary �.ter anu sewer utility iater2l are service oanr,ection assessr:�x:ts if the�� r�ver�'t �lreac'y t�eer� F�i�-; a.nc (E) g��rner.t of the $50� �rk fee. Seconde� by Councilman Barnette. li�:on a veice vote, all voting aye, Mayor Nee declarea the motion carried unanimously. � // �,l �.I� �,. , � �,� � � • • L T! �L. �i, L � • _ i _ � � �I � � , � � _ ,♦ � � � I � • �L 1 _ i �\�l _ 7.� � � «� s 0 �� \l� ' � �. �� • � ! . � ! + i � � � � ��% \ �� 1 ;�I� 1 ' \�M� �� i�=� ,I 91 � 9i� ,i__� _ �. MOTION by Councilman Nameri�ik to cor�cur wi�h the recomzrenaation ef the Appeals Cotnnissior anc orant the variance to increase the lot coverage for the purposes of an ac'�ition between 7702 and 7770 Rancher's Road, with the following stipulations: (1) applicant work with the City and anjacent property owr_ers to insure adea,uate c3rainage; (2j additional Iandscapir.c3/screening be i�:plen�erted; anc3 (3) the two garcels be con�ineo together to r�e one taa statFS�r�t. �eranc�ed by Councilsran Barnette. Councilmar H�rernik c;uestionee haw the drainage would be handled. Mr. Flora stated there ��rok�1.�I1� woc�lc' t� a small retention ponc', but staff h.a�r_'t hac? a chance to work with tx�er� or. it . H� statec� he was sure this coulu be worked out to aet.air� sone of the water before it goes into the storm sewer system. Mr. Dick Harris, 6200 Riverview Terrace, stated the drainage problem has probably already been solvecl with the installation of the new curbing. He stated the ar� ta the south has a detention area and since the curbinv was put in, they haven't had any problems. � UPGr� A VOICE VO`I'E T� ON TF?F: F.BOVE MUTIGr�, all votec aye, an� Nayor Nee declarec� the n.rtion carriec� unar�in�c�i��.ly . 1�sTTCr� b�� Covncilrran Schneic�er to receive the Fl�r,ning Con�:ission minutes of I�y 1�, 1583. :econded by Counciln�an Barnette, t;�on a voice vote, all _y _ votir_; aye, r'ayor Nee c3eclareci the n�etion c�srieci tr�«r�in�c�usli . � • � � � � '�� +►�_ � • ' _ � - � � �� : y �l - �- _ � • . Mr. Flora, Public Works Director, state� Fark Construction was selected by the State of Piinnesota Fublic Works Association as contractor of the year baseci on their work in ti�e Co��unity Fark, at no cost to the tax��yers, as well a� rec�ucir, the cz�st to tt�e :t�te for ccm�•Ietior, of I-694. M:r. Flora stated the C?�, rece�vc�� c��nr�r_�c'�.tior, fror.: tY�e t:ir:r�e�cta FL'��Z1C 4;crk� F>�•soci�ti.c,r: fr.r : i�rr � i-t: i_, tt�E: n�n E cf Fork Construction to be consi�ered for thi� aw��rc�. r�scr' r� Cour�ci]n:an Har�err�ik to receice thE aw�re fran: I-'ir�nescta P�:t�1ic �`'C�rk� F'��OCi'ct?-C�r . �ecc�r:�ec' by Ca�nei�.zr�ar� :ehxiei�-er. L'�Icr, � VO?CE- VC,tE ��: � ��c�t�x�c, �1 e, 1� �-��cr P'ee �clarc�= tr�e n.rtion c.�xried ur►�nin�ouslY . N,al�or D?ee conaratulatec� the staff for receivinv this award. � ; a _ �� . : � ti,►�. � � ��i�;.e� ��,��,� �,� M�'!'TON by CounciZman Barnette to receive the resignation of Zbdd Tessmer f rom the Energy Coinnisson. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � _ `.� . 1� ��\ \ � . • e. 1�y� � � M�. «� i �. � �\ y�� : 4�� : \I� 1�4 • ' . � ' C � 4�� i J�� i � «�. 1� 4.1 ei��l�: � � !�u Mr. Ir�nan, City Clerk, stated several years ago the City started the practice of reclassifying unreserved fund balances to shaw the City's readiness for m[JNC MEETII� OF J[lNE 6, 1983 p�� potential shortfalls. He stated Moody's Rating Service has commented on this and suggested the City continue this process in the future to insure adequate reserve cash balances for the General Fund operation in times of financial crises. Mr. Irmian rec�nmended the City continue this practice as it could be changed back at any tune . P�'lZON by Councilman Fitzpatrick to adopt Ordinance No. 52-1983. Seconded by C�unciman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . , ♦ '1i�� . � � \ \ � � i 1 _ �\�t �\. ��e. �� 1 ',� ♦ i « � � i +�� i ♦ � i �� M:: N� �, .��i ; 1�1:_ �: �� +�� 4 �,��1 MOTION by Councilman Schneider to adopt Resolution No. 53-1 983. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � . � � � * � . . ��i\� ��4 �. �.�V��\� � � �� : \ i � �� : \�� i+��C�V ��1�+; lyl',,�1/�4�� a;� 1�:•� �� MOTION by Councilman Schneic]er to adopt Resolution No. 54-1983. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. . � � ��:� . % � \ �� ' I •�i\� ��M \. � 71F��\� �� {: 4�� : \�� .0 �NM.� � �.�1�� 1y1' ��j/�yl�l+� ' ;� �� MOTION by Councilman Barnette to adopt Resolution No. 55-1 983. Seconded by Counci].man Schneider. Upon a voice vote� all voting aye, Mayor Nee declared the m�tion carried unanimously. , � _`.� , i � ► �.� • • I ��,I ��M 1�. : . .y1l�� 4� .� M ' � � / .V �M ' � �. � � � : �� M�TION by Councilman Fitzpatrick to adopt Resolution No. 56-1983. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. I 2 � s� MOTION by Councilman Schneider to authorize payment of Claims No. 130588 through 153Z08. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� «a,�. a�. M�TION by Councilman Barnette to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the nation carried unanimously. mt�t�m�mrnN nF A PER�MIT FOR FLR RKS FOR THE 49' ERS D�Y CF�F3RATION: MOTION by Councilman Schneider to approve the permit for fireworks for the 49er Days Celebration. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22 •�.1�. � 4��M1�. • 11►� �GT�� Iv;y� :r�-�T�i 1�TION by Councilman Fitzpatrick to approve the estimates as submitted. S'�nith, Juster, Feikema, Malmon & Aaskvitz 1250 Builders Exchange Building Minneapolis, NII�] 55402 For legal services rendered as City Prosecutor for the m�nth of March, 1983 Reys Well Drilling Co. 413 North Lexington Parkway St. Paul MN 55104 Final Estimate Repair Well No. 2 Hardrives, Inc. Maple Grove Executive Center 7200 H�nlock Lane North Maple Grove, 1�1 55369 Fstimate No. 2 Street Improvement Project ST.1983-1 Street 7mprovenent Project ST. 1983-2 Halverson Construction Company, Inc. 4119 165th Avenue Wyoming, N'II�l 55092 $9,213.10 $9,542.37 Partial Estimate #1 Misc. Concrete, (�rb & Gutter and Sidewalk C. S. McCrossan, Inc. P.O. Box AD Osseo, P'II�1 55369 Final Estimates: Street Improvetnent Project ST. 1982-1 Street Improvement Project ST. 1982-2 Flectric Service Com�any 1609 Chicago Avenue Minneapolis, I�ll�1 55404 Fstimate No.2 Fridley Sports Lighting Project $11,544,37 $46,955.91 $ 5,450.04 $11,755.95 $18,755.47 $ 5,753.00 $58�500.28 $54,751.60 �� 1�. � v��M��. �� 1 )�� . �r. 1 • y. •�' 1 �� Les Jones Roofing, Inc. 941 West 80th Street Minneapolis, 1�IId 55420 Fstimate No. 1 Roof Reconstruction for C7onmons Filtration Plant Monette Construction Ca�q�any, Inc. 2050 White Bear Avenue St. Paul, NaV 55109 Estimate No. 2 Fridley Comnunity Plaza Noble Nursery, Inc. 8059 Central Avenue N.E. Blaine, I�T 55434 Estimate No. 2 Plaza Landscape Project , :F�T��[ $29,728.35 $35,479.65 $11,555.23 Seconded by Councilnan Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. : ! � �., vi�� M�TION by Councilman Barnette to adjourn the meeting. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of June 6, 1983 adjourned at 9:47 p. m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor FOR GOMCURRENCE BY THE CITY COUNCIL APPOINTMENT - ENERGY COMMISSION Tabled ENERGY COMMISSION APPOINTEE • 0 TERM EXPTRES 4-1-84 RESIGNING MEMBER Jerry Cichosz 7509 Tempo Terrace N.E. (Resigned 10/19/82) 4-1/85 Todd Tessmer 6890 Channel Rd. N.E. (Resigned S/23/83) 1 2 ORDDUCB �0.�_ �/ 08DIIUCB �DDG !6B CI?Z CB�a'!'HJt OF T88 CITT O! �7tmi.ST (C1TT CODE SSC?IO/ F MISC.) � oo�v�cn, oF � c� oF �xz�.ai noss oan�n as Fa.i.as: i Tbat tbe tolloriaa aectiona of tbe �ridle� Cit� C�arter are a�ended aa lbllo�ra: Seetion 2.03 �.SCT� OPFICBRS. The couneil ahall be composed of a mayor and four councilmen WDo ahall be qualified vaters. The mayor shall De elected at large for a term of three years, (escept the first mayor to De elected in 1957 ahall De for a term of two yeara). One Councilmaa shall De elected at large for a term of Lhree years except that of Lhe first auch counciman at large under this charter� (ahall be,Lhe incumbent elected last year� 1956, vith two years remainiag of Lerm and he shall be considered to aerve two years aa eouacilman at large to 1959). Three couacilmen ahall be elected for terms of three years each from three aeparate iiards of tbe city, as designated below, except tbat tbe first councilman for ilard No. 2 under this Charter, ahall be the councilman having one year of Lerm yet to aerve, and ahall be considered councilman for his Ward 2 for a one year term to ezpire in 1956. The councilman from Wards 1 and 3 aball be elected this year. 195T, each for terms of three years. IIpon adoption of Lhis Charter the city is divided into three separate Wards as follo�s: � (a) iTard No. 1 ahall De the area comprising all of election district Ho. 1. Refer Lo Page 0-5 of "Voting Proeedures" adopted by Yillage Council. (b) liard �It�. 2 ahall be the area comprising all of election district Iio. 2. (c) Nard No. 3 a6a11 be the area compriaing all of election district No. 3. The councilman from a rard must De a resident of auch xard and his ceasing to De a resident thereof ahall cause a vacancy in the oftice of eouncilman from such ward; provided that a change in Mard bouadaries during his Lerm of office ahall not disqualify bim from serving aut his Lerm. Tbe term of mayor and of eaab councilman aball Degia on the firat official Duainess day fa Lhe month of January nezt tollowing hia election and ahall end vhen bis auccessor bas been duly elected and bas qualified. The first order of business at the first official council meeting in January shall be the s�rearing in of the nexly elected sembers of the council. The council ahall be judge o! the election aad ita sembers. 2A Ordinance No. page 7 Tl�e boundaries of tbe Lhree warda ahall be redetermined from tiqe to time by ordinanees duly adopted by the Council, aad based on the findings of the Council tbat the wards �d ao redetermiaed are ,�,K�h that the noDyl��ion of anv �*d shatl no�_deviate Dv more Lhan one Derce�t (1S) from the averaae of the z�e� vards. atiui,�titie,d,uzieisei�,ei�x�i�a�az�cxi6�it��i�� tri�t��xt��z�t �fter each decenaial eeasus ot tDe Onited States, the council a6a11 redetermine vard boundaries. This redetermination ahall De as comolished no w��nininal nrin�arv of the 9ear endina in tiie diQit two. and if the eouncil ahall fail to do ao �iixK�/�/�Etidd/6f/L�id/�E�.td/ttxEt/zK!/6ft�lid� �Etxifil�ixt�tl/dt/xKE/efEENit�(Z/EEriadd�/dd/tdtrMEt/�ltitl�Etdridll/�H�tIZ/ lSE/�Ld/�d/��/�idt/dt/L�1dtiL��I�E1Q �hPi �' re�uneration sha� 1 be forfelS� until Lhe vards of Lbe city are duly redetermined as required by tbis charter. Seetion 2.05 ��C�lICIBS D 7� COQICIL. A vacaacy in Lhe council ahall be deemed to ezist in caae of Lhe failure of any person elected thereto to qualify on or before the date of the aecond regular meeting of the neW council. or by reason of the death, resignation� removal from office� removal from the city, removal of a rard councilman from his xard, continuous absence from the city for more than three aonLhs, or eonviction of a felony� of any auch person vhether Defore or after his qualification� or Dy reason of the failure of any eouncilman vithout good cause to perform aay of Lhe duties of memDership in the council for a period of three months. In each auch case. the council shall Dy resolution declare �uch vacancy to exist and ahall forthWith eall a apeeisl election to be beld not less Lhan 45 days nor more than 60 days trom the time auch vacancy is deelared. /TMt/dinli�t/bt/��i4 �4Iltxi6�/dNt�I/1�E/ddilit�Ed/tdd/�Slt�/dtt��E/Z�l1lEdttxEZy/d�6A////// �Etxift��ridli/lby/xKd/��td/dt/l��t�l��//A//di��tZl/ftl�/xli!/ddl��tdd/�Et�d. �n the case o� a�e�{n� e�p^ti�n to fill the vacancy �bere shall be n9 Drim�rv election, The candidate rscei°'^° ��° �nr�pQt ^1°'tier of votes shall b� declared the �►i�er The vinner of said e�e^*ions_ ahall be oualified and �ake office immediatelq u�on �erSis'ic�tion bs tbe board of �at�vass and shall �'ill the unexDired term It ��nv time the memDership of the Council i� reduced to less than four i4) msmbery *he remaininQ members mav. bv y�animous acLfon avpQ.i�t addiLional members �^ ^�'�° rhP membershiD to four (4) Tbe order of fillinA v�ancie� by aenointment shall be as fo lorrs• (�) If the terms vacant are for different Ienarh4 tbe aDnointmenL xill b� �^ fhe seat with the shortest remainina Lerm .- . . - .� . � � - .... . : � . ... . � Ordinaace Ilo. pi6�e 3 Section 8.0�1 LOCtL D�ItOT�I! 1t�GIIIJ?IO/S. After thia charter Lakes effect, all local i�proveaenLa aDall Qontiaue for tse ti�e being to be made under the lava and ordinancea applicaDle thereto. The City Council say prepare aad adopt a co�prebenaive ordinance, preacriDing tbe procedure xhich ahall determine all •attera pertaining to tLe �taking of loeal i�provement� tbereafter, and auch ordiaaace ahall aupplant all other pro�iaiona of law on tbe aa�e auD�ect and day be asended only Dy an attirmatf ve ♦ote ot �t least �� t6�,�tttxM�/fdrE/RSt/xl�E rembers of the eouncil. Such ordinance aball pro�ide for auch aotice and bearing in the ordering of improvementa and th e �aldag of aasessmenLs tberefore as aba11 be aecessary to aeet conatitutional t�squir�enLa. Such ordinance ahall alao require a petition of a aajority in aumDer and intere'at of the ovnera of property to be aaseased for auch i�Drovement, or iaprovements, for tbe initiation thereof; provided that tbe City Council may proceed upon ita own initiative bereunder and under such ordinance Dy resolution adopted Dy �f1iMS��I� five (�) a�ffirmative vote� of the Citq Council after proper notice and Dearing. Sectioa 8.05 PDBI.IC YORES; HOii PSRFORMBD. Public York including all local improvemenLs, �ay be constructed, extended, repaired or eaintained either by contract or, if the estimated cost is lea� than one tbouaand dollars� directlq by day labor. Before receiviag bids tbe City Manager ahall, under Lhe direction of the City Council, bave auitable plans and apecificetions prepared for the proposed material or project and the estimate of tbe cosL thereof in detail. The avard ot any eoatract amounting to �ore Lhan ten thousand dollars ahall require an affirmat+ve voLe of at least faur members xliE/t6rttxM�tttLitd/�I6xE of the City Council. Yhen the best interests of Lhe city xfll be aerved thereby, tbe City Council may organize a construction deparLmenL under competent auperviaion and provided with auitable equipment. The right is reserved to the City Couacil, upon the recommendation of an engineer� acting through the construction department to Did on any work to be let by eontract. Al1 contracta ahall De Iet to the lowest responsible Didder� but the term •lowest reaponsible bidder" aball De interpreted as giving the City Council the rigDt to accept any Did vhicb is determined to De most advantageaus to the Citq. The City Council ahall reserve the right to reject any or all bids. Detailed proceedings governing the advertisement for bids and Lhe ezecution of the eontract ahall be prescriDed by ordinance. The City ahall require contractors Lo furnish proper ponds for the protection of the City� the employees and �aterial �oen. PASSID AND ADOPTID BY THE CITY CODNCII, OF THE CITY OF FRIDLEY THIS DA7 OF _ , 1983• �rrg.sr: �xsz c. vn�ea - c� Public Nearing: June 6 First Reading: Second Aeading: Publicatioa: 3/0/25/ t June 6, c�.set , 1983 1983 v�.vu+ a. r� - w►zoa 2s oann�cg ao. UO ORDI�A�CB ZO AMBND ?HB CIT? CODE OF TBE CITY OF FRIDLEY, NllltiBSOTA BT NAEIITG l CHAITGB I�i ZOpIIIG DI3TRICSS. The Council og the City of Fridleq do ordain as folloas: 3SC?IOli1. Appendix D of the Citq Code of Fridley ia amended as hereinafter indi�ated. SBCTION 2. The tract or area trithia the County of Anoka and the City of Fridley as des cribed as: Lot 3 and the North HalP of Lot 4 and Lots 6, 7, and 8, Bloek 1, Erco's Fir st Addition, lyiag ia the North Half of Seetion 13, T-30, R-24, City of Fri dley, l4innesota. Is hereby designated to be in the Zoned District known as C-2 (general business areas). SECTION 3. The Lhe Zoning Admiaistrator is directed to change the offieial. zoning map to show said tract or area to be rezoned from Zoned Distriet C-2 (general business areas) to R-3 (general multiple family dxellings). PASSED AND ADOPTID BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1983 AITBST : 0 MII.LIAH J. NEE - !lAYOR SIDiiEY C. INNAN - CITY CLERK Public Hearing: June 6, 1983 First Reading: June 6, 1983 Second Reading: Publish: � ZOA #83-01 2/2/ t o/ 23 3 t��osE` .( .� `� , .d_� �.�t POLICE DEPARTMENT City of Fridlsy Minnesota DATE JUNE 15, 1983 FROM PUBLIC SAFETY DIRECTOR, J.P.HI SUBJECT GAMBLING ORDINANCE MEMORQNDUM 4 TO ACTION INFO IM QURESHI. CITY MGR. X Enclosed you will find a new ordinance entitled "Gambling Devices" for Council consideration, along with the appropriate amendment to Chapter 11 regarding related fees to gambling devices. This proposed ordinance is being submitted at the request of City Council on June 6, 1983. This ordinance is a modif.ied version of an ordinance adopted by the City of Coon Rapids earlier this year. JPH/sa a 6. Prof it. The gross ceceipts from the operation of gambling devices and the oonduct of raffles, less reasonable sim�s e�ended for prizes, local livensing fees, taxes and maintenance oosts for the devioes. 7. Active Mesnber. A med�er who has paid all of his dues to the organization and has been a manber of the organization for at least six (6) rronths. 31.03. LICE[�1SE RDQUiRID No person sha11 directly or indirectly o�perate a gambling device or oonduct a raffle without a license to do so as provided in this Chapter. - 31.04. PER.90NS ELIGISi� Pt�R LICaLSE A lioense shall be issued only to fraternal, religious, and veterans organizations, or any corporation, fund foundation, trust, or association organized for exclusively scientific, literary, religious, charitable, educational, or artistic purposes, or for the purpose of making contributions to or for the use of United Sta tes of America, the State of Minnesota, or any of its political subdivisions for exclusively public purposes, or to clubs organized and operated exclusively for pleasure, recreation, other non profitable purposes, no part of the net income of which inures to the benefit of any private memUer, stockholder, or individual. Such organization must have been in existence for at least three (3) years and shall have at least thirty (30) active members. 31.05. ISC�NSE PFE (S) AAID LICENSE YEAR The Iicense fee(s) and the license year shall be as set forth in Chapter 11 of the City Code. 31.06. APPLICATD�N � Application for a license shall be made to the City Clerk on such forms as the Clerk may fram time to time provide. No person shall make a false representation in an application. The City Council shall act upon said application within 180 days from the date of application, but shall not issue a license until at least 30 days after the date of application. 31.07. PimFITS Profits fran the operation of gambling devices or the conduct of raffles shall be used soley for lawful purposes and as authorized at a regular meeting of the or�ization. "Lawful purpose" means one or nr�re of the follawing: 1. Benefiting persons by enhancing their opportunity for religious or ec7ucational advancenent, by relieving or protecting them from disease, suffering, or distress, by oontributing to their physical � � M?I '� •�� LIC'ENSE ELIGIBILITY LI(�NSE F�E (S) APID LICII�ISE YEAR APPLICATION P�FIZS I w�ell-being, by assisting them in establishing themselves in life as worthy and useful citizens, or by increasing their apprehension of and devotion to the principle upon which this nation was founded. 2. Initiating, performing, or fostering worthy public works or enabling or futhering the erection or maintenance of public structures. 3. Lessening the burdens borne by government or voluntarily supportirig, auc�nenting, or supplementing services which governm�nt should nornnally render to the people. 4. The improving, expanding, maintaining, or repairing real property owned or leased by an organization. "Lawful purpose" does not include the erection or aoquisition of any real property, unless the local unit of government specifically authorized the expenditures after finding that the property will be used exclusively for one or more of the purposes specified above. 31.08. GANffiLING MANAC�ER 1. Duties and responsibilities. All operations of gambling devices and the oonduct of raff les shall be under the supervision of a single gambling manager designa ted by the organization. The gambling manager shall be responsible for gross receipts and profits frvm the gambling devioes and raffles anc] for their operation. The gambling manager shall be responsible f or using prof its for a lawful purp�se. 2. Bond. The gambling manager shall give a fidelity bond in the sum of $10,000 in favor of the organization conditioned on the faithful performance of his duties. Terms of the bond shall provide that notice shall be given in writing to the City not less than thirty (30) days prior to its cancellation. The City Council may waive the bond requiranent by including a waiver provision in the license issued to an organization, provided that a lioense containing such a provision shall be granted only by unaninaus vote. 3. Qualification. A person may act as both gambling manager and bingo managet for a single organization, but a gambling manager for a single organization shall not act as either a gambling mana ger or a bingo manager for any other organization. A gambling manager for an organization shall be an active n�nber of the organization. 4. Com�ensation. No oompensation shall be paid to any person in connection with the o�peration of a gambling device or the conduct of a raffle by a lioensed organizaton. No person who is not an active member of an organization, or its auxiliary, or the spouse or surviving spouse of an active member nay participate in the organization's operation of a gambling device or oonduct of a raffle. �: � e� e+ • 4C 5. Investigation. There shall be a polioe investigation each time a gambling manager is appointed for the lioensee. An investigation fee shall be pa id as set forth in Chapter 11 of the City Code. �} ;�� ;�Mi�_ ;��. �r; :,,,i��. l. Gross Receipts. Each organization lioensed to operate gambling devices shall keep reoords of its gross receipts, expenses, and profits for each single gathering or occasion at which gambling devices are operated or a raffle is oonductec3. All deductions from gross recei�ts for each single gathering or organization shall be documented with receipts or other records indicating the amount, a description of the purchased item or devioe or other reason for the deduction, and the recipient. The disposition of profits shall be itemized as to payee, purpose, amount, and date of payment. 2. Separation of funds. Gross receipts from the operation of gambling devices and the conduct of raffles shall be segregated f rom other revenues of the organization, including bingo gross receipts, and placed in a separate account. The petson who accounts for gross receipts, expenses� and profits from the operation of gambling devices or the oonduct of raffles shall not be the same person who accounts for other revenues of the organization, except that such person may be the same person who acoounts for-bingo gross receipts, expenses, and prof its. 3. Monthly reports. Each organization licensed to operate gamt�ling devices or to conduct raffles shall report monthly to its membership, and to the City Clerk, its gross receipts, expenses, and prof its from gambling devioes or raffles, and the distribution of profits itemized as required in this Sec�ion. Recorc3s required by this Section shall be preserved for three (3) years, and organizations shall make available their records relating to operation of gambling devices and the oonduct of raffles for puhlic inspection at reasonable times and plaoes. - 31.10. ELIGISLE PRaIISES Gambling devices shall be operated and raffles conducted by a lioensed organization only upon premises which it owns or leases except that tickets for raffles conducted in accordance with this Chapter may be sold off the prenises. Leases shall be for a period of not less than one (1) year and shall be in writing. No lease shall provide that r�tal payments be based on the percentage of receipts for profits from gambling devices or raff les. Copies of all these shall be f iled with the City Clerk. •�+•••. � •�• •y i� EGIGIBLE PRQ'IISF.S 4D 31.11. PRIZ �S Zbtal prizes fram the operation of gaddle wheels, tip boards, and pull-tabs a�rarded in any single day in which they are aperated shall not e�oceed $1,000. Zbtal prizes resulting from any single spin of a padclle wheel, fran any single tip baard, or from any single pull-tab shall not exceed 5150. Zbtal prizes awarded in any calendar year by: any organization fram the operation of gaddle wheels, tip boarcls, and pu11-tabs and the o�nduct of raffles shall not exceed $35,000. Merchandise prizes shall be valued at their fair market retail value. 31.12. BIIa00 Nothing in this Chapter shall be oonstrued to authorize the conduct of bingo without aoquiring a separate bingo license under the provisions of Chapter 29 of the Fridley City Code. 31.13. OT�iER G�iLII�]G Nothing in this Chapter shall be construed to authorize any use, possession, or operation of: 1. Any gambling devioe which is activated by the insertion of a coin or token. 2. Any gambling game or device in which the winning numbers, tickets, or chances are in any way determined by the outcome of any athletic contest or sporting event. 3. Any other gambling activities prohibited by law. 31.14. RE,vCX'ATIDN OR SUSPESmN OF LICIIJSE The City Council shall have the power to suspend or revoke the license issued to any organization for violations of any of the regulations or terms of this ordinance. T'he organization shall be given tw�enty days notioe and shall be granted an opportunity to be heard before such action is taken. 31.15. PENALTY Whoever does any act forbidden by this Chapter or anits or fails to do any act required by this Chapter shall be guilty of a misdemeanor and is subject to all penalties provided for such violations under the provision of Chapter 901 of the Fridley City Code. 31.16. SEVF'.RABILITY Every section, provision or part of this Chapter is declared separable from every other section, provision or part to the extent that if any section, provision, or part of this Chapter shall be held invalid, such holding shall not invalidate any other section, provision or part thereof. 4E �� : � c• OTHER C�LII�G SUSPENSION OR REVOCATIQN Pf�LTY SEVERAB�ILITY PASSk� ArID ADC)PPID BY � CITY O�UNCIL OF TF� CITY OF FRIDLEY Z4�IIS __� DP�Y OF . 1983. �f� - - -- ... - - SIDI�Y C. II�N - CITY CLERK First Reading: Secand Reading: Publish: 2/2/10/25 0 �.._... - - - - - — WILLIAM J. 1�E - MAY�OR 4F o�ir�,rxE rD. .r.. AN ORUII+F,I�(.'E ANEAIDING (�iAPTER 11 OF � FRIDLEY CITY �DE BY ADDII� �AIN PEF�S At�ID A CITY �DE NI�ER The Council of the City of Fridley does ordain as follaws: (�APTER 11, SECT�JN 11.10 FEF� Chapter 11 of the Fridley City Code shall be amended by adding the follawing: ..- 31 31 Subject Gambling Devioes (operation and maintenanoe) Gambling Devives (irrvestigation fee) Fee $200/year $50 per manager PASSED AI�ID ADOPTED BY Z�iE QTY �UNCIL OF THE CITY OF FRIDLEY THIS ..,�..._�_._ D�1Y OF _ __ ____. 1983. AT.PF.ST : �. - - - - ---- SIDI�Y C. I1�Il�'IAN - CITY CZ�ERR First Reading: Second Reading: Publish: 2/2/10/24 WILLIAM J. I�E - MAYOR 4G 5 CITY OF FRIDLEY PLANNING COMMISSION MEETING, JUNE 8, 1983 CALL TO ORDER: Vice-Chairperson Oquist called the June 8, 1983. Planning Commission meeting to order at 7:32 p.m. RQLL CALL: Members Present: Mr. Oquist, Mr. Saba, Ms. Gabel, Mr. Kondrick, Mr. Svanda, Mr. Goodspeed Members Absent: Ms. Schnabel Oti�ers Present: Jerrold Boardman, City Ptanner Richard 8 Sonia Peterson, 247 - 57th Place Lawrence b Joyce Zimnerman. 5380 4th St. N,E. Laura Vagovich, 5400 4th St. N.E. APPROVAL OF MAY 18, 1983 „PLANNING COI�MISSION MINUTES: PIOTIDN BY J�t. KONDRICK� SECQNDED BY AIR. SABA, TO APPROVE THE JUNE 8� 1983� PLANNING COMMISSION MINUTES AS WRITTEN. UPON A VDICE VOTE, ALL VOTING AYE� VICE-CHAIRPERSON OQUIST DECLARED TXE MOTIDN CARRIED UNANIKOUSLY. l. VACATION REQUEST: S_AV M83-Ol PETITION N0. 4-83: Vacate the Easterly i'3b:7��eet o� t venue etween oc cs 2 an 13, Hamilton's Addition to Mechanicsvilie, by the owners of 5380 and 5400 4th Street N.E. Mr. 8oardman stated this was the area where Dr. J. C. Schurstein had proposed to put an office building back in Dec. 1980. There is a service road that comes in and cul-de-sacs right along University Ave. There is an unpaved a11ey at this location that is used to service the backs of the properties along 4th St. It also services apartments and some businesses. Mr. Boardman stated the vacation request is for a portion of 54th Ave. between Blocks 12 and 13. The vacation request is being made by the two property owners on either side. Mr. Boardman stated the alley is being used and at some point in time, the City is going to have to pave that alley as long as it is being used. If the alley is paved, they would have to make sure there was access on both ends. At this point in time, the City has been opposed to a vacation of that partion of 34th Ave., primarily because there is no way out of the alley, and the logical way for circu7ation within that area would be to come up to 54th Ave. An alter- native would be to come down and connect into the cul-de-snc, but that may not be an appropriate way to go. 5A PLANNING COMMISSION MEETING, JUME 8, 1983 PAGE 2 Mr. Boardman stated that when Or. Schurstein proposed the development of an office building in this location, as a condition of the permit, the City Council required that Or. Schurstein pay for the improvement of the a11ey. 8ecause of that. Or. Schurstein did not buiid, and the alley is still unimproved. Mr. Boardma� stated that in their consideration of this vacation request, the Planning Canmission should consider what is going to be done with that alley and at what point they want access. The Engineering Dept. has said the best possible way for access is back up to 4th St. 7hat would be in direct conflict with this vacation request. Ms. laura Vaqovich, 5400 4th St. N.E., stated she has lived in Fridley for 34 yrs. Her house was moved twice, once for Highway l00 and again for I-694. She has maintained this portion of the street for 34 years. She stated she would like to have the protection of not having people going through there. People drive through there and dump things in the bushes and trees, and she has even i�ad things stolen out of her garden. She stated she had assumed for years that this road was already vacated and had maintained it because she thought it was vacated. Mr. Lawrence Zimnerman� 5380 4th St. N.E., stated it was his intention to put up a retaining wall and use the 30 ft. gained from the vacation to build a road to a garage he would build on his property. Mr. Boardman stated that even if they vacated the street right-of-way, they would want to retain the southern half of the street for storm sewer. Mr. Zimnerman stated the most logical way and the cheapest way for the alley access was to go out on the cul-de-sac. Mr. Oquist asked if portion of 54th Ave. vacated. ' it would be feasible to put a turn-around area by using the that is not vacated pius the portion of the street they want Mr. Boardman stated that if they are going to retain 30 ft. for easement, why not retain another 30 ft. so if the alley is ever improved, they can get access. He stated if the property owners wanted to fence this portion of the street, they could do so right now. The problem is that if at any point in time a road would be required to go in there, that fence wouid be removed at no cost to the City. Mr. Zirrmerman stated the main reason for the vacation request is so he can build a garage with access off 4th St. He did not intend to use the alley, because it is 2-3 feet below his property. He is going to have to put up a retaining wall at the back of his property. Mr. Boardman staied it was his understanding that if the praperty owner put a fence or a driveway over the easement, if the City has to dig up that easement, the City is not responsible for putting back blacktop or fencing. It would be the property owner's responsibility to put back whatever was torn up. SB PLANNING COMMISSION MEETING, JUNE 8. 1983 ___ __ PAGE 3 Mr. Boardman agreed with the fact that there is never going to be a street connection in there that would utilize the whole 60 ft. He had no prob]em with vacating the street right-of-way, but they should retain the storm sewer and access easement. In that sense, the property is no longer owned by the City of fridley but by the property owners; but the City would still retain an easement so if they need to go through with a road or access for the a]7ey, they can use that easement. Mr. Oquist stated another alternative wou]d be to access by the highway property if the Highway Dept. turns that property over to the City. Ms. Vagovich stated that, as Mr. Zimmerman had stated. the main purpose for the vacation is so Mr. Zimmerman can bui]d a garage and access onto 4th St. They will jointly maintain the property. Mr. Boardman stated th at if Mr. Zinmerman puts in his garage and accesses onto 4th St. over the 30 ft. easement, if the alley is improved and comes up to the street grade, it in effect replaces his driveway and he would still have access onto the al]ey. . I�10TIDN BY JyR. KONDRICK, SECONDED BY I�t. SVANDA, TO RECOlNMEND TO TNE CITY COUNCIL APPROVAL OF VACATION REQUEST� SAV N83-DI, PETITION NO. 1-83, TD VACATE 54TN AVENUE ALL THE WAY TO THE XIGXWAY PROPERTY AND TXAT THE CITY OF FRIDLEY RETAIN ACCESS EASEMENT OVER THE TOP OF TNE EXISTING 30 FT. UTILITY EASEMENT. UPOW A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRP£RSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Boardman stated the public hearing at City Councii on this vacation request would be on July 11, 1983. 2. LOT SPLIT REQUESTz L.S. �83-02� BY RICHARD & SONIA PETERSON: Split off Lot 12 and�ie Westerly 30 feet of Lot 13, Block l, City View, to make a new building site, the same being 241 - 57th Place N.E. Mr. Boardman stated the petitioners own Lots 12, 13, 14, and 15. These are 40 ft. lots totalling 160 ft. of 1ot area. They are requesting to sp7it off Lot 12 and the westerly 30 ft. of Lot i3 so that Lots 12 and 13 will become a 70 ft. lot. The depth of the lot is 140 ft. It does meet the 9,000 sq. ft. 1ot requirement and n,eets all other requirements as far as lot splits. A lot split does require a park fee of s500. The park fee is payab7e at the time of approval of the lot split request; however, the City Council may defer collection to the time the buiiding permit is requested for individual lots created.by such a lot split. This would depend on whether the petitioner requested the City Council to deiay payment of the park fee. The petitioners were in the audience. SC PLANNING COMMISSION MEETING�, JUNE 8, 1983 __ PAGE 4 lIOTIDN BY MR. KONDRICK� SECONDED BY M2. GOOASPEED, TO RECO�lMEND TD CITY COUNCIL 1lPPROVAL OF LOT SPLIT REQUEST, L.S. A83-02� BY RIGHARD AND SQNIA PETERSON� TO �.IT OFF LOT 12, AND TNE t+►ESTERLY 30 FEET G1F LOT 13, BLOCK 1� CZTY VIEW, TO MAKE A NEW BUILDING SITE, TXE SJ4NJE BEING 241 57TH PLACE N.S. UPON A VOICE VOTE, ALL VOTING AYE� ViCE-CSAIRPERSON OQUIST DECLARED THE MOTIGW C1lRRIED UNANZlIOUSLY. Mr. Boardman stated this request would go to City Council on June 20. 3. COtJTINUED: REVIEW OF A PROPOSED ORDINANCE ADOPTING A NEW CHAPTER 101 ENTITLED "ANIMAL CONTROL" AND REPEALING OLD CHAPTERS 301__ENTITLED LIVE- 1�lOTZON BY J�Z. SABA, SECONL2ED BY J�II2. KONDRICK� TO CONTINUE DISCUSSION ON TNE ANIAlAL ORDINANCE UNTZL THE NEXT NEETING. The Cortmission members requested that Jim Phillips. Legal Intern, be at the next Planning Cortmission meeting when this is discussed to answer any questions the Commissioners might have. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED TNE MOTION CARRIED UNANIl�lDUSLY. 4. RECEIVE MAY l0i 1983, CONIMUNITY DEVELOPMENT COMMISSION MINUTES: MOTION BY MR. XANDRICK, SECONDED BY 1�2. SVANDA, TD RECENE THE MAY 10� 1983, COMMUNITY DEVELOPl�lENT C0INJNISSION JNINUTES. UPON A VOICE VOTE, ALL VOTING AYE� VSCE-CHAIRPERSON OQUIST DECIARED THE MOTION CAR.RIED UNANIMOUSLY. 5. RECEIVE MAY 12, 1983, HOUSING b REDEVELOPMENT AUTHORITY MINUTES: MOTION BY 1�2. SAEA, SECONDED BY MS. GABEL, TO RECEIVE THE MAY 12� I9B3, COMMUNITY DEVELOPMENT CQMNISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CXAIRPERSON OQUIST DECLARED TAE MOTION CARRIED UNANIPlOUSLY. Ms. 6abe] stated that at the last meeting, the Commission had asked that Mr. Boardman explain the NRA's financial process and the General Reserve System. Mr. 8oardman stated the General Reserve System is a complicated program to explain, but it is really quite a simp�e tool. He stated he would put together for the Planning Commission members a sumnary explaining the system. PLANNING COMMISSION MEETING, JUNE 8, 1983 PAGE 5 6. RECEIVE MAY 16, 1983, PARKS E� RECREATION CONMISSION MINUTES: MOTION BY MR. 1CANARIIX, SECONDED BY I�II2. GOODSPSED, TD RECEIV� T8E MAY 26� I983, PJlRICS i RECREATIDN COI�lISSIQN MINUTES. i7P0lN 1t VOICE VOTE� JII.L VOTING AYE, VICE—CBASRPERSON OQUIST DECIARED TXE 1�IOTION GRRIED ilNANINOUSLY. 7. RECEIVE MAY 17, 1983, ENVIRONMENTAL QUALITY CONp�IISSION MINUTES: 1�10TZON BY PIR. SYANDA� SECOdVDED BY 1�R. SABA, TO RECEIVE TXE 17.4Y 27� 1983, SNVIRONMENTAL QUALITY COiP!lNISSION I�IINUTES. 5D Mr. Svanda stated the meeting with the refuse haulers has been scheduled for Wed., June l5. He invited the Planning Conmission members to attend this meeting. ilPON A VOICE VOTE, 11LL VOTING AYE� VICE—Ci1AIRPERSON OQUIST DECLARED TNE MOTION CARRIED UNANIINOUSLY. � 8. RECEIVE MAY 24, 1983, APPEALS CON�IISSION MINUTES: lJOTIDN BY XS. GA9EL, SECANDED BY l�i. XONDRICK, TD RECEIVE THE NAY 2d, 1983, APPEALS C�ONNMISSION NINUTES. -- UPON A VOICE VQTE, ALL VOTING AYE, VICE—CXAIRPERSON OQUIST DECLARED THE MOTION CARItIED UNANIMOUSLY. 9. RECEIVE MAY 25, 1983, ENERGY COMMISSTON MINUTES: lIOTION BY I�t. SABA, SECONDED BY I�II2. KONDRICK, TO RECENE THE NAY 25, 1983, SNERGY COMMISSION l7INUTES. UPON A VOICE VO1�£, ALL VOTING AYE, VICE—CXAIRPERSON OQUIST DECLARED TXE MOTIDN CARRIED UNANIPlOUSLY. ADJOURNMEPfT: XOTIqN BY XR. SABA, SECGWDED BY MS. GABEL, TO ADJOURN TXE lNEETING. UPON A VOICE VOTE, ALL VOTING JlYE, YZCE—CNAIRPERSON OQUIST DECLARED TiiE JUNE 8� 2983, PLANNING G�OI�l1NISSION PlEE2ING ADJOURNED AT 9:30 P.M. Respe tfully subm'tted, ynn Sa a Recording Secretary � 5� � SAV �83-01, PETITION N0. 4-83 '�b � _— i_ �;,�n,p� R i- �;9ovi h �;s;li� t�'.:' ;��3j��s; � �• _ �t�3i�i,� . - I ' f� � �.; -. ,;�l.: . iitt�� ..,� ' � � „�.�.•- . � N � �. �M Q •' ) � � �' O V � � � � � � � � � t � V �i ! / : � ! ��_ �� •; • - - - -a�► �� a.�«ao►v� nw�w� rwrr-y • •�. j ��•; • � : , :,� � . ' -;, ' Et� ;.' � i ' 7'' � ': � � � . � 7 � j ..,,� • . . � �-.� , __ - �� _ L . . ��,-�•�,�•,�. � � j/`' it �7r�n0 ' i �� `� i! � � � � • _ �, "� 1 �';�ii . i ` o ; � � �, �—�'1 . �. 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'I � / �/D - -- - ' - — __ _ . __ _ � � �� Ex%s r��vG x FE�vcE- X _ X x , ....`—. : � tity of friQley APPEAIS COMaISSION MEETING - TUESDAY MAY 2� 1983 PAGE 1 Gll TO ORDER: thalrperson Ca bet calted t�e Appeals Coan+ission �eettn9 of Tuesd�y, !�y 24. 1983 Lo order •t 7:30 p.�. �L�' CALL : Me+nbers ►resent: P�tricta 6aDe1. Atex tirn�. Jim Planel. Je�n 6erou. Donald Betzol0 OtAers Present: Darrell Cl�rk. City of f�idley Phil Larson, Sttllwater. MN doD Sheriock. StillMater. MN Carolyn Ooyle. f�idlty Kenneth Kasden. P.O. tox 16203, 55416 ' Mark Sampson. 271 Sylvan t�ne 61enn Yan Nutje�. 901 Overto� D�ive N.E. APPROVAI OF MINUTES OF MAtf 10. 1963: MpTION by Mr. sarna, setonded Dy Mrs. 6erou, to �pprove the �ninutes �s wrttten. PON A YOICE YOTE. ALL YOTING AYE. CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. VARIANCE REQUEST PURSUANT N REASE THE MAXIM�M SOUA E ADTER ?1a OF TI�E FRIDLE� C1TV AT N PART OF LOT 1 AUDITOR'S St16DIVISION N0. 25� THE SAME BEING 5695 HACr.MAtih VENUE N.E. Request Dy SuDurDan Light�ng 1nc.. 6077 lake Etmo Avenue Nortn. til�water� Mr 55082 [RoDert S�erlock]. tor Union Oil Company). MOTION by Mrs. 6erou, seconaed by Mr. e�rna. to open tF►e publlc hearing. UPON A OICE VOTE. All YOTING AYE. CHAIRPERSON 6ABEL DECLARED THE PUBLIL HEARING OPEN AT 7:31 P.M. CAeirperson 6�be1 read the St�ff Repo�t: I.DMDISTiLLTITE S?llT �PORf 5695 �aci�um •s�au� •.t. t. �0�1.IC lORt05E SER18D �? �EQOI1t�,RT: ,f�otioD 205•��5. 12. li�it� a tr�e st�a0la� si�n to a•a:isus •ise of �i�t� (SO) squar� t�et p�r d��elop��at. NOiic purpose �crvee D� tsls r�Quir��eat is to 000trol •laval pollutior, soQ tsc�ssi�• nse of ai�e in oo�aerciat w�s. �. iT�TED W1lDSH2t: �l�istina sisns �er� �r�et�d na0sr old oraioaace an0 vitD tee �s� priciag eo�p�titioa toea�� ve �nst oa�t a �a� of aQ�srtiatat our pro0ucts •ftscti��l�.• 5I 0 SJ - -- cals Conn+ission Meetin • Me 24 1983 �D!l��1STLT� �� rLy. Oo� fi`n 3• � lon s1p+� oa tDis p� � u�rc t�o �sistioi f�� •t�di� D7 t�r circle tpat is 113 Qua�e Td�r• w �d i• • 12 toot dia�e �a0 i• • S� •a ��s •r+ct�d i��ip�9;�cone •i�r v�s •r�cted 6/16/19T7 roduct n ar�a. � �� Tp• propect� o�o• o a0�srtis� O t�rts0 %tt : ! 1O � � CfDLtT t Qt !� LO t�t �a� pric� �in �5 esOle •ess�� .,i�` tQi� �i�Q �� a cbaoi �o�id� �ddition�l •iuestin� • Tbis A�� r�ault�d io a as tee pro9�rty otio�rs �r� r�Q ��cials• rice of ��. �O rics •i�ns to te� •=i�tin� �pin �dv�rti�� tde p � s 3� �as 0 � usre �arisnce to t04 tvo �� to ��i� a»a �ill 0� tacr�as�d troe 163 0 ��<< aater. _� (��t to. 16t �4 �r� f��t. rovss Tbs �tatf d►� o° �tip �acsoas to .ee to tes. ••rs•ACe it te� eo.ra •� �dis r�Qu�st. hoto n �nQ Mr. Sherlotk ae�e pT�sent. Mr. C1ark p�esented •n ae�iai p Mr. l�fso rice 99.9 •nd wtth ra �s of the •rea. M�. L�rson sa;CCO�datenthesp rig��ally se up and photo9 P ,�,�ssage center and to Mith n►ost of tt as • e tenter with 3 x3 sign. s1.00+ 9as ptt�es they Mant to contlnue t�e �^eSOf9the si9n He sald the biggest Me felt it woudl ctea� up the looks of t�e top freewa s/9n. He futther statee ie�fromaLhe t�eeway �nMsAe��, problem is t�e Y �t is set up to face tf+e t�eeway •^dht�thet�essa9e centcr could read n�ore. that t�e clga*ette seid she drove to the ��ea and tFw�9 bel said tl+e slgn 1s at a �, ��rson sa14 it aould 1��^9e thettime,ciMsreGat specials: il u ca� set M 65. that � � specials are on thc board �st of oin north on Highway to ��t�� the peculiar angie �nd ot no penefit 9 9 there si n Mas �ot thtre. is the side of the reader poard•�rMon s�idi�fktheibigt f9 se �P11 as ��d �e did -� vtew �t the inte�sectio�. Mr• � could •dvertise g�s ��l d not De a�y p�obl em. Mr. p� �ettesi andh119�ters :rthattthey 9 �t �t{�l1y Mit�ethedlettcrlsizest�ey have �oM. etfe rices of t�garettes as Mr. l�rson said a+ost self-servi�Del�saldsthcehardsh�D,directs ��SO�felt Lhere is � �nerchandising practice. Ms. int. SAe � ces. St+e �skea �at t�e sign aould De a►ade of a�d Mr. La�son pricing competitionr�nd she could see Mr. Plemel s P° rna11 1ft. Mr. Barna said :pace for t�e gas p said it Kas •i�+rnlnum�t�Dinet rith lexon f�ce ��d inte askce what for Mt►at ke their numbers smaller snd sti11 Sea ;nasent reader board fo� rs. t�ly ��d � Mr. Betzold said ht Mas tonfu their �dvertisin9• �arson said for cigarettes snd 1ighte purpose t�ey needed the reaeer board. Mr. �skea if they Mould keep the numbets the same s�ze or �+ake them Mr. Bet=old srson said t�ey wculd be sn�alter and Mr. BetMasaself�i�+pesedy-- smaller a�d Mr- � 11 Ms. C� bel felt their �*d*j�es. Mr. Larson ftlt the nunbers ++oul d be s�►a er . MS .�� sai d they t�ey M�^t � use the sif^=he� ��ht��loMed toaad9ert�isL�at they use the sign 1t vts aiscri�nination 1 y Mr. Earn• s�id the o��y hardsh�p �� K�dy g�anted one �atiie►ce and it 1s their choicej n�1•s �tketi�9 po�i�y- 41{fc�s�t�y �nd tAe� f isso�d� M de�tson saidsita�sT �ds in thc MinOow- Ne toutd see Mestca putting the ti9a�ette ��d 11i9hte Nlr. dar�a su99 � the publfc heeT �9• Mr. detzold, seconded �y Mrs. 6e��• �� ose MOTION bY YOTING AYE. CMAIRPERSON 6ABEl OECLARED T1�E PUBLIC HEAR1NG UPON A YOICE Y07E, ALL CLOSED AT 7:�9 P.M. � �peals tommission Me�etin9 - May ?4, 1983 P�9e 3 Mrs. 6erou said she did not see the Aardship and the �dv�rtising was for sometl►ing other ihan �s prices. Mr. Plemel said Ae looked at the •rea •nd the�e seems to be enough signage. Mr. detzotd toncurred Mith the ��rds�ip �nd ttgarette discussion and felt there M�s no reascn for a bi99er si9n; that this ts M��t the si�n o�dinance is a11 •bout •nd tAey A�ve to draw a 1lne. Iiq_ TION py Mr. detzold. seconded py Mr. darna, that the Appe�ls Coeanission �ecommend to the City Councit Qeni�l of the vartance rtquest to increase tAe waxi�num square toot�ge ot a f�ee stanEtn9 stgn f�om 80 sq. tt. to 161 sq. ft. (existing slgn 163 sq. ft.). located on part of lot 1. Auditor's SuDaivision No. 25. the same Deing 5695 H�tkmann Avenue N.E.. fridley, Minnesota. 55432. UPON A YOICE YOTE, ALL VOTING AIfE, CHAIRMAN WBEL DECLAREO THE MOTION CARRIED UNANIMOUSLY. �Agenda Item /2 ras tabled unt11 l�ter t� tAe weettn� �s the Petittoner �as detained �nd not present yet). Z YARIANCE RE UEST TNCREASE TME MAX �EET TO 150 SQUA sden. T i 1e F�CtOry TO CNAPTER Z14 5 UNIVE et. inc. P. o. F TNE FRIOIEr CITr CODE. TO REE STANOING S1GN F'ROM BO S UARE D. 11 AV'D 1? BIOCK ?. RICE CREEK S1Tr AVENUE N.E. Request Dy Ken x 16203. Minneapolis. Mt 55416) MOTION Dy Mr, detZOld. seconded by Mr. Plemel. to open the puD11c �tartn9. UPpN A Y6T�E VOTE. ALL YOTING AYE. CHAIRPERSON 6ABEL DECLARED THE PUBLIC NEARING OPEN AT 1;55 P.M. CAairperson Gabel read the SL,ff Report: � �DMI�LlTLTl7= SiLR uT01!'i �525 Ot►i��ralt� lt�aur ■.!. �. !'O�i.IC l91ltOSE S[RRD fT �QDIt�IR: i�otioa 21�.0�6� 12. li�ita a tr�e �taadin� si�n to a•a:i�u• �ise of �i�t� (d0) �Q�sir� f��L ar d��lop�sat. ltiplic ourpos• a•r.•a e� cass r�Quir��ent i• to eoatrol •iaual Pollution aa0 �:o�saiv• �s� of sisns to ocaserciat arras. s. st�T� a�ansszr: �T11• Pactor� Outl�t Ioc.. is � Mica�aota Corporatioa teat visAca to •sp�ne it'• operatioa ioto �ridl��. �o�e��r. teis loc�tion vould onl� e• •cceptaDle to �tse pro�idins tbis a� M�a �i� •ariaacc i• �rantea. r� �iel dw to tee poor .ssieiist� ot te• •tore it�elf and tbe �srr li�it�d �i�n froatase ve vould �t Dnttia� oura�lrr�s •t ••�ry tre�t di�ad�ant��e. t� it •tands ewr� t0.000 �nto t�rLs Stort nsss appro:i�at�l� 9�f of tAe etirreat �i�n� j�a�ia� us srouaQ �i��t •Q�ar� t�tL. ��Olei� to •ay. � lns�er atioic�r vould � �ert •1a101�. T�� rantin� of t�ts o��0e0 •ariaoee �ou1Q e� to our •ut��l t0��ntaae. •esides tee fact teaL v� vill 01r• tour •ore Miaeeaotaas� �ridler itaelt �ill �r�atl� O�attit, d�e to our Dro�ressi�t aQverLiiit�. �acE of ovr four loc�tiotL+ rill Oe allocat�d a•ini�u� of �25�000 �er �sar tor a0vertisin�. MucA of tD1s �eaey vill Oe speat �ite �our loeal ee+raaaptr. •Aoypers� •tc. Our advcriisir� rlll �ri� �say a� oeoDle lato tb� Fri01e� ares� •any of �icA rill ipead Oollars oa otber �aoas at�d at r►icea. 5 Y, � Appeals Commisston Meeting - May 24. 1963 Pave 4 te�r�for�, �� t��l te• �raatio� of tbis •ari�oce vou2a 0• to •rer�or,e•a �Q�aatas�. C. �II�IS?t�ITIR ST�T! �aff : !ee •zlstioj trse it�oaie� �loa •ip� !s S' s 1S' vitD • surtace ar�a ot TS �riae.s to .r.et a s' : ts• •eastsoa tecr�aains tee totat ai�n wa to 1S0 t�e allove0 •0 �wr� t��t. vaa •r�ct�d o0 3/?2/19T 9• !ee ai�n �puare l��t. !e� Orosp�cti�� t�nant to t�s �si�ti�i ►�loo ai�n tl�ereDy sQuar� t��t or TO aa�ar• l��t o��r !� Cit� e� �ea io eoat�ct ritb 10.000 •uto ��rts •Oout •ai�t�n�nce tor te�t� vall •i�o�. It t01• �ariance i• srant�d� OoLD l0.OG0 �uto �arts aaC t�• e�r t�aant �Sould e• •�d• avar• of tee a�e0 tor routin� •i�n Yiat�oance. �l�o. it is •usteat�d tpat tee o�r �i�n e� o! •i�ilar desi�n �oa atructur� �s tee •zistio� •i�a �cd tDat tee ►aa• of tbc •!in pe L�ro•ed tarou� r�tinsssi.a� aad t�e iastallstioa ot a pl�at�r. M�. Ciark presented photos of t6e area. Mr. K�saen vas present. Ms. Gabel tn- quired as to the •greement Mith 10.000 Auto store. Mr. Kasden st�ted he has just a one-nanth lease holding the space pending the appeals dectsion. He s�td the building ts in deplorable conditlon; tt needs �ew gi�ss �nd the siqnage Aas to be fixed. Ne said the signage is needed for the Tile Factory store as the butlding 1s set ter back. Mr. Clark said 10.000 Auto has �een ordered to clean up their Mall signs. Mr. Kasden explained they �re �noving into the space rrhere Carpet Remnant used to be and t�ey will subtlet irom 10,000 Mho leases from Red A+1. Mr. Ciark sai.d staff has been working with 10.000 auto by phone •nd letters �nd if they don't clean up they will be tagged. Mr. Kasden said their sign w111 be similar to 10,000 Auto's; a professtanal slgn yellow «rith black leitering and read from bcth directions. Ms. Gabel askeC aDout signage on the front of the store. Mr. Kasden said they wiil put up what is legally allowed and will clean up t�eir area. He sai0 it aoutd take about 55,000 to clean up the front of the buil0ing •nd they want to put up external lighting. Ne said t�eir closest other store is 7311 Brooklyn Boulevard and they sell strictly tile. Ne said they would probably sign • one•year lease wit� 10,000 ana have three 5-yea� renewals. He said t�e new slgn wi11 tost about 1900-1.000. He also said they do a lot of �dvertising and netd that klnd of marking for people tc find tAe store. Ne also suggested puiting some shrubbery around the existing sign. Ms. Gabet felt there Mas a legitimate hardship. Nr. Kesden said fridley is a qooC location for them, t�ere is a lot of buil0ing �nd they have people coming t�om all over to their store (iiisconsin. Duluth� southe�n Minnesata) and the spsce (aDout 1.000 sq. fi.) is wAat they need. He asked if 10,000 cou10 de sent a letter regarding the appeals proceedings. Mr. Clark said it cou10 be part of the w�tion. Mr. tia�k said 10,000 leases from Red Owt who leases from Mrs. Theisen and the responsiDility of cltaning up t�e wall signage. etc.. is �rost 1lkely 10.000 Auto's. Mr. Kasden said his lease rrould 6e • triple-net lease and Ae �rcutd be responsiDle fo� tAeir oMn si9nage. MOTION by Mr. P1eme1. seconded by Mr, ea n�a, to tlose the publlt htaring. UPON A I�I��VOTE, ALL YOTING AYE. CHAIRPiRSON 6A8EL OECLARED TME PUBLIC NEARING CLOSED AT 8:15 P.M. SL � 5 �t1 A�Peais Commission Meeting - IRay 24. 1983 P�9e S Mrs. &rou satd there �as a detinite Aardshtp. Mr. 6arna sela the situation is somew�at similar to the Northwest f�6rics situation. Mr. Betzold •greed. Mi. 6ebe1 a9reed. and said there Mas no wy you could re�d the st�n at its p�esent s1se. 1qTI0N by Mr. 6etzotd. setonded by Mr, aarna. that the Appeals C��m�ssion �econnend t e CiLy Council. approval ot the vari�nce request to lncresse the �axlmum squere footage of a f�ee standing stgn t�om 60 sq. ft. to 150 sq. tt.. located on Lots 10. il and 12. tiock ?, Rice Creek Te��ce Plii I. tAe same being 6525 Unlvtrsity Avenue N.E.. fridley, Minnesota. 55432, M1th tAe stipulation that new signage not be put up until the present r+ali signage is tleaned up •nd Orought up to the maintenance portion of the code, that the city staff sha11 di�ect • letter� to 10.000 Auto store prior to tAe City Councll �eetin9 infor�ning them of the Appeats Commission decision �nd �ecommendation. and that tAe new sign be of similar design and st�ucture as the lxisting stgn and that the base of the sign be improveQ through refinishing and the instillation of • plente�. UPON A VOICE VOTE. All VOTIN6 AYE. CHAIRPERSON GABEL CECLARED THE MOTION CARRIEO UNANIMOUSIY. . �RE .UEST FOR VARIANtES PURSUANT TO CHAPTER 205 OF THE �R10lEr CITr CODE, TO kEDUCE THE FRONT YARD SETBACK ROM HE RE UIRED 3S FEET TO ?5 iEET. AND LIOW A RETAINING WAtI TO 8E lOCA1ED 15 FEET�€ROM ?HE FRONT PROPEa?r IINE TEAO OF THE RF UIRED 3_ FEET TO AILOW THE CONSTRUCTION OF A NEW D�•l�lCIN6 �T ATTACNED GARAGE ON L0T 5 BLOCK 2 MEAtHER HlllS TM1R0 ADOITIOh. THE 'feMr �Nr. �l�n KERRY LANE N.E. Request Dy !'brk Sampson, 271 Sylvan •ne . E.. �r`►,�tey NOTION �y Mrs. 6e . seconded Dy Mr. 6arna, to open the public �earing. UPON A -_ OicE vOTE. ALL v0T AYE. CHAIRPERSON GABEL OECLAREO THE PUBIIC HEARING OPEN AT 8:20 P.M. Chaifperson Gabel read the taff Report: isT�,Ti� srur uroxr 1S0 L�rrt L�►� f.t. •. !'QBLTC lORP058 SE1tT8D 1T �EQDI�: S�ctioa 20S•�52� ��, r�Qyir�s s•io tean ttiirty-fi�e (35) l��t. troat �ard ��tpack of oot l��s fnOlic purpose a�r�ea e� tbis r�puirs�c L parkina vit�out •acroac�io` on tee puDlic �estbetic eot�sideration to r�duce tpe puil0ia� sato tEe aeij,hDor'a troat �ar0. i• to �i�Dt ia� �ation 205•151. 2� li�its Lee pro)tc i�a ;��ytt �or� tDan Lar+e (3) f�et loto aa7 r�Q •llov for off-str�et of vay an4 also �or ot si�ht" •ncrosc�,ent aea aca �avea to not �euce tDe�puildiate�lio�tof,ai�t•�iacroach�eat into�the r.e �are. �. STITID dI�DSSI?: oonsiQeration to l�isbDor'a front �Drop-off at �olat c�lati�el� av tront ot lot reQuirea teat housc e set �loser to poule�arb LO' f�eat t otb�`plae�daia acn�vacilon YitAe s:ist a�6 also for vallc-out es topo`rap�y. Sh ts c��szto� ��ti� - LD�tIMISTR�TIR STllT i�IW: is �ariance ti�s �oo�iQ�r�d and appro�e0 0o Octop�r 9. 19T9. vitA tee •= tion of tee evttr�s� vall. Tbe ti�e liait on te� •ppro�al �as •=Dir�O •od t lot 4a� iince eeeo puraDaaed ey Mr. Msrk Supsoa. l��rt' ��v� ►een � a! ri� lot• ►uilt oa ainc� t�� last aaD�� • It t� s teia r�Qwst� ataf! bas eo atipulatioas to r�coa�end. Mr. Sampson ras prestn Mr. Clark p�esented the floor Olan ot tl►e proposed neM daei11n9 and Mr. Sampson esent an artist's eTew tion �nd expl�lned his pl�ns. Mr. Sampson s�14 Ae Aas spoke with his neighbors ind they have no oDjections. He �lso saiE the setbacks r►ould ke the dwelting 11ne up better with the extstfng Aomes in the �rea. Ms. 6abe1 sai he Aas talked with Mrs. Palmer. who lives 1� t�e •rea. ana she is in t�vor of the w dwelling. Mr. S�mpson said they M111 pe �ullding � Malk-out �nd there Mill be a arge foundation; I+e said they wtil be getting txtra fill for the patk. Mr. det id �sked Mhen At wou10 be starting. Mr, SamDson saiQ Ae hopes to afford to stir fter the 4th of July. if not. pcssibly next Sp�inq. MpTION by Mrs. 6erou, secondeQ by Mr, earna, to tlo the publtc hearing. UPON A g6i�`YOTf. ALl Y071NG AIIE. CHAIRPERSON GABEL OECLARE 7HE PUBLIC HEARING CLOSEO AT 8:30 P.M. . Mr. P1eme1 said he could readily see the h�rdship in this si tion •nd t�e Fest of the �+embers concurred. " MOTION by Mr. P1eme1, seconded Dy Mr, Barna. t�at the Appeals Commis on approves th— e variance request to rtduce the front ya�d setback from the require 35 feet to 25 feet. �nd allow a retaining wall to be lotated 15 feet from the f�ont operty line instead of the required 32 teet, to a11ow the construction of a new dw ling with an �ttached garage on Lot 5. B1ock 2, Neather Hills ThirO Addition. t�e e Dei�g 6150 Kerry Lane N.E., friEley, MN 55432. UPON A VOICE YOTE. All YOTING A R� TO RE DUCE �, YARIAH�£ RE�uE�T PURSUAnT TO CHApTER ?OS OF Ti+E fRIDLEY CITr CODE. �E SIDE rARD SFTBACK ON THE L1vlNG S1DE OF A HOUSE FROr THE RE4u1RE0 10 iEET TO 5 FEET. TO ALtOa PART OF A CONVERTEO GARAGE TO 8E uSED FOR A BEaUTr S►+O➢. lOCA1ED Ok lOT 16, 6lOCK t 6ROOKV�Ei� 7ERRACF. THF SAME BE1NG 901 OVERTO►� DpIvE N.E. 7Reouest Dy 61enn Van Hu1�eR. 901 Overton Orive N.E.. Fridley, Mn 55432�' MpTION Dy Mr, Barna, seconded by Mrs. 6crou. ��VOTE, ALL YOTIN& AYF. Ct1AI R?ERSOf� 6ABEL 8:31 P.M. - CAai�person 6aDe1 read the Staff Report: to optn tAe public hearing. UPON A OECLARED THE PUBLIC HEARING OPEN AT awwisr�ui� sTarr asroar �01 a.rtoa Ori.. ■.s. •. l4si.1IC �'01tPOSE SiIt�ED !? IEQDI��lT: �ction 205.OS2� is� It� rQuirss a 10 foot •iai�u� •id� ��rd •�LDack tor li�iaj wa. . . _ . � - ---- -----.�.---- i� 50 Appeals Gommisston Meettng • Mey 24. 1983 P�9e 7 t�►lic �urpoa• •�r��d b� teis r�Qui��eat ta to •�intain a•iai�u� of ��ot� (20i f��t O�tr�eD Ii�1Ds �r�as io ad�ac�nt •tructur�i toa fift�en (1S) t��t estve�a ��ra,ses aei0 li�ios •r�as lo aa�ac�at at��ctur�s to r�a��• �sposur� to ooafl�sration ot tiey. It la al�o to •llov for ��tA�tic�ll� �l�asiq� op�a was arouod r�sid�ntial atrnctur�s. �. �'ilTiD L1tDS8IT: �Conale �an euls�n vise�s to op�o a e��ut7 ��o� io e�r So�e. Tee only �ractioal plac• for td� salon vould a te� 9 toot : 22 foot atorase �r�a locat�a •d�acent to Dc�l�a prop�rt� (921 Overtoo). Tbis •ttacAeO atoraae ar�a i• vitDio fi�e (5) t�et of t�e prop�rty lioe. Teis �rsa if approv�0 troula oct 0� ns�d tor aa� e�sid�atial �urpoaes at aay ti��. C. �DlLIfI3?t�T11E ST�TT tnI1�1: !be n �Q: �ide�lotrlio� .YDTbe•oeiNDo ioj •tr c ure is �ar� � t� ��d ive ( 5 ) t�et tr �arase. If tec ��rianee i� �raot�d it �sould e� •tipulat�d tbat tbe p��uty shop N�ts tee so�c occupatioa d�tinitioa aad te�t teer• ee no opeaiasa in tAe outside rall o�ar��t t�• lot 110�. . Mr. Clark presented aeriel photos ot the •rea tAat showed the Qroximlty of the tr+o structu�es. Ne s�id Ae talked Mtth the nearest neighbor. Mrs. Ooyle. and t�e�e are some Oiffere�ces. Mrs. Doyle and Mr. Y�n Hulzen were p�esent. Nr. tlark said they would want to pe sure to �estrict the openings on the wa11 faci�g the p�yles. Mr. Yan Hulzen satd t�ere is p�esently � �indow on that side and it would be ctosed up and there would be no ditferences in the tront of the Aouse except to remove the existing ga�age door •nd put in a large Day window and t�ere wou10 De a tire exit Ooor in t1►e back. He telt it would be aesthetically pleasing and Mould decorate so it �ppeared all the san►e •nd there aould be a walkway aroun0 the house. He sald tAeir garage is on !he Able Street side. Ms. 6abe1 �skea how aiany chairs in the beauty shop. Mr. Yan Hulzen said there rrould De two, one wet �nd one dry and his wife would De the only one working as the tity tode prohibits employees. Mr. Bettold asked wAere the cust�mers �+ould park. Mr. Yan Hulzen said they could park in t�at driveway in front or 1n t�eir garage driveway or in the st�eet. Mr. BetZOld asked about t�e hours of business. Mr. Van Hulzen said they would be daytime� Meekly hours •s tAey are very busy at nig►►ts and on the Meekends wit� their familiy. Mr. Betsold •sked if there wou14 be •ny Dusintss signs on the property. Mr. Yan Hulzen said no, that this is something that tnterests hts wife and �rould be security for her in t�se something Aappened to him. -Mr. detzold �sked Mhere he �+ould be storing Ais boat. Mr. Yan Mu1Zen said he has teasea space in a storage place on Central Avenue. l�s. 6abe1 asked about the necesssry licensing. Mr. Yan Hulzen s�id Ais �ife h�s the necessary licenses �nd Mt11 9et others if she netds tAem. , 5P � eals Commisston Meeting • May ?4, 1963 ' Page 8� Mrs. O�yte presented copies ot a letter she had Mritten �egarding this watte�. Ns. W bel read the letter for the record. (See �ttached letter). I�TION py Mr. Qarna. seconded by Mr. detzold. to receive Mrs. Ooyle's ittter into t�e �ninutes. UPON A YOICE YOTE, A1l YOTING AYE. CNAIRPERSON GABEL DECLARED THE MOTION CARRIE� UNANIMbUSLY. . Mrs. Ocyle Mas strongly opposed the Oeauty p�rlor idea and the t��ffic on the wtkw�y. She said they use their side door sll the time �nd their dog w uld Dark tveryttn�e so�e c�tne and left the beauty parlor. S�e s�id they �oved into the �rta betaust it was a quiet residenttal •rea �nd this �usiness aould De too close to their lot line. She felt that the beauty parlor could be put on the ADIe St�eet :ide �s it faces no other homes or drtveways. She •lso felt this could be detri- �nental 1f her and Aer hus6and Manted tc sell their Aome. �TION by Mr. Betzold. seconded Dy Mr. Bar�a. to close the public �earing. UPON A VOICE VOTE. All YOTING AYE. CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:47 P.M. Mr. 8etzold feit the variince was harQ to justify anE due respect sAouid De given to the Ooyles •nd that tl►1s variance wouid clearly De �t the Doyles' expense. Ms. 6abe1 said they have to keep i� �ind that t1+e Yan Hulzen•s could Oo this some where else in their home. Mr. Plemel •greed wlth Mr. BetZO10 end Mrs. 6erou was not in favor of the va�i�nce. Mr. Barna seid this Mas a Aard situation for the neighbors. MOTION by Mr. Bet2old, seconded by Mrs. 6erou. t�at the Appeals Conmisslon recommend to the City Council� denial of the varia�ce request to �educe the side yard setback on the living side of a house from tAe reQuired 10 teet to 5 feet. to •llow part of a converied garage to be use0 for a beauty shop, locateC on Lot 16. Block 4. Brookview Terrace, the same bein9 901 Overton Drive N.E.. Fridley. Minnesota. 55432. UPON A VOICF VOTf. ALL VOTING AYE, CMAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION by Mr. Betzold, seconded by Mr. 6arna, to adjourn. UPON A VOJtE VOTE, All OTING AYE, CHAIRPERSOH GABEL OECLARED TNE APPEALS COMMISSION MEETING OF MAY 24. 1983. ADJOURNED AT 8:52 P.N. Respectfully submitted. Oeb Niznik. Itecording Sec�ttary QS ��;P� �,�� .�:� �� iE�� ,,.�., . �srr • us � � ��.' —= � .' � 's w uw+ au�o�m ' " ' - . •— . , � � ,� .:, � � � � , � -� � -� � �� .�. 't -. �� , � �'� •�, � � ; ` r~ � �{, . � �,' _�= „ �� , :� v''� •. ; .�_ . _ a�"' ,,. 1 � . 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' - -'"��,: .. � _ , , � 4 �� M % y� *�� `v�r �{ i �� '�-� �,' � �� " ,�,�i �� . . ,� �. ��,:'`�i-�'9Lr'�.gvi.° "rt'� .. �� e.� .�.��, *s,.,_�r'-K-S; '� �a �+l[' S +h. ^ F ~f: -S- �v ^+C � �.°i'', [ �-4. P3w1�¢ � ��• � �j� "J a .. .n "..� •. 'E _ `� �.�. �! �t � �� ` � � f:� _ �, �:r.�� x,L. � -' � ,�.�� w�•" �' � ' - . .. . * r ; � � .�-: � �t� � �.. __ � _�` r � - -a,s:--�►'�'L1..°�t - � -��y:� .. r! .'�t�'4.•'�+�tz'�'�'<!"��1� `i'� �a "�s Y � , t t.� Y � ti ? .. !� r� �� +-....s _ _ ._,. _ ► � - - - �� . 901 Overton Orive N.E. 5 � ( Glenn Van Hulzen af . : �.�s�t� =�E;;�i�w �;�� °� � N � O� � � a W � � O •` r ' O W� �� 2 I .� �. � i i *.�nr.� 1 7 C�n� r. sr -- � — -z.. _ __T �–' _ '`_ � .wi �Nwi�i rMnra �liiis-_'•;'tT � _ _-- --.....�-- - � � :� ;,,..�... - f ,C 1 � � �?i' � ',, �.,�,! ' � ' ; :� . = =ao� NQ�as'.� M3l��ooao r � . �-i't'��' ; �"�! � � � \ � �. ..i'��i , ' �l • + A ' • � •� - ' � •F � • � • r, ■ � •i'�•i�l : .i s�E�'- 'r'p�� )'� :� 1 • jj �� . � � ,-- • • - � � �� , �, : , � � . ;a . � t t =-.� - �► � ,--_ •---.�..►� ♦ y :l �j, 4., � � � + • -- ^� — n. !• � � J ! �� _ „� � � =1., ��} .,;1 a� `` 'e�`:. a . �' � � i � : w, - � � •. _ ;(� .; , s r '' � •'l;. •�i�'- !i�_�-�:, �� .`+�, �sr .1 1.' ,.' `�f ,- �� , � � �. `� �'`+�, �i; � � � �'..�� ,. � �• .� � !, � . •oo► arc ��ru • � � ��i .�r �-i � L�c � ion . . , � ;1 5 v � � � � � � . �. . � .� r �� .- . . . . . � .,. . . - _. . . , .. • -•. ' • •, � • �� 901 Overton Qrive . � . � ' � . � " �� ' Glenn• Van Nui zen .. �''S�M°''n� ' . � ti . 1�II�s�e"�t AtE , �.�,,,�,,;,9 � : , • . . �c,,,,,,�o„� �c �� - � �� . . �- ENGtN�ERiNG� INC. '�� c�r � w,�+ � . - . s�r.�co�c . -. � � � ' � . . � �•� � -- En�inee�s ' � Surveyaors — . . ,f' icate o� stttve �r IR Y/NG �.1VEC s o�v -� ces s� � . . ,` '�',:: �OA� Of APPfJ►4S . �f : ` ,� , � � ' � ' DCHIBIT No-�-- � _ �°- � . . �•c :" : �'� � c°-.�EET'INO OATE��'� �g � ,� • . ,, .-. U/ , � ��r �O a ,` � / : •., • �� / �� _ •,^• � � I � � � , \ � �� , ,�'- - �� y._ � ;\ • . r- ! �' J - s ;' � - � �: 1� �^_,l P,e,D�� . ,. .� o �� , , � • �. < <,c�, � G� f L�� /� �h'/�� ` � � .,. ��. �. 1� ' � j�iiOlt �'D . .� ' s„ ='. ';' ,• •'e • ' � , ., �� t / �'v � ,� , .3 � �s � 4 -- i � * . . � �� .i. � .. �\ v .r � .,•�y� �•�OO�C`ic��l' ��'�:'lc. 0 .- - f- . , � � . _ � �.. �� - _� . ��\' ` �` . �£o -�� . � 114e^rby urf �i�'y f6rf ba es o k�e dd mnrc� nprtse�rfofian �'o sa'� �'�t lw+�►. ' ,: ,f. 1: �l'!}� /ara�a►i �('il' Ead�:a�s ,1f�srr , nd rl1 nsi�k sw'oorb�roefj .�'i�/. {ra�n r Alyd �fwd. As ,. A� �li1. '• '� Su6 uQBAN EIVG�nrEEQavG . Mn.. � � 6r J�r : � .. E'�"k'°'3 '�_ G r � � — � � •s- �� s � 'C� ; . \ �: 9 �o�l�� ,�` . �ti ,-y' S .' � ,. ,� . �nd,.nd "—' � � 0 i SH . f� To vhom It wy cone�ra: May 25. i983 • My reighbora. Nr. �rd Mrs. Clenn VanHulzen. at 901 OveTton Drive are re- quecting a variance to .•oa�e closer to our lot line vith vfiat is knov�a as liv- t� qva-:er�. Ioitesd .�f 10 feet icoe► the lct line. the�'d oe about S fcet. ?i�e se�son they vant this is to Ouild a beauty �hop. My iirot thought vhen Mr. VanHulsen stated he vas bu�lding "�o�eething for Cotnnie" was that I didn't knov vhat he vas t�lking about. As I thou6ht later about vhat he vas building. 2 Tealised it could �e a Deauty ��P• Theis.• thought "Oh,ro!" :Te use our side dooT oost (actually all) of the ti�e. vsriance vould �sa'Re it too elooe vith ptople ca�aing and going. our dog barking everytime so�eone came or left. Just the thcught of a besuty shop so close up- set me. We bought in a quiet recidential ares rineteen years ago and vould not var�c this type of buciness (1lke a sestaurant pusiness) to close to our home. brent. sy husband, tTied to reassuTe �e cince he said the VanHulsens tov2dn't do thic because it vould be too close to the lot line. Mr. VanHulsen came over to ouT hon+e to discuss this n�atcer vhis vifenonly plsined Ae vas 6oing to apply for a vartance. and stated Connie� in the next Dreath. did hair for • hoDby and becausr s�e vas sored. but slsened to hlm. Therefore. stated she vould have a business in case somethinR haPP instead of a fev customei�to a steadydDusinessnto somethinK n�ore thsn a fiobby created out of ooredoe�. Thr VanHulzer� art Lhe thisd t�mily to live at 9f11 OveTton DT�ve since �r have ltved next door. AnotheT thouRht on this satter fs. it they should T�v�'• wu�on't the vatiance sr.ay in e;uictshop dh^�sntn ao va�'d�cerliron�cha value�ul br ass�red t�•at t!.ir• tvpe of �se y nr snv our ovn hoa+e and pTessf inexti� �orvvas herr� �+e,v�uld notehavc buuRht our i�omc . otl�: tYPe ot busin ) Mir. Van�iulsen stated co *e that people should be able to do vhat thev vanc vn tAeir ova pTOpesty. 1 stited to him if this vaTiance Teyurst vas bpin¢ •ade by the Doyles, hov vould he feel. and he 6ave no reply. He commented t1�at re've 6otten along alvays before as neighbors. I felt he impLed thateTf �Nov �idn't sign this vaziance, ve ++�uld oot be on fte�ndlY�ike*thenbassel of a 1�orr vby �y Dusband �as alvays said thst he doesn t• To crty and variance. Ve hsve vanted to do a fev things different on ouT p p couldn't because of city �Odei•hbotseve *ayhlivetnext�door to esch other atlot qu�te r.ificult because as R of vesTS and it is �uch fOT�uesta��Thicoteslly�putseseneiRhb Tnonhthe mrot'•nRs pecause of t�+is varisnce req {� I thought sore and �ore about �y ttue feelinRs ard 1 sesll�►.do not vant • �eauty shop that close to 'y property lire. Yhether our neiRhpots �i� vould V�nHulsens. or the Jones. os black or vhite. I'd feel thc s�n+e ��Y• k*ueh bettez !f the shop vas euilt oc+ the ADle Street side of their property •s Ao lwoe taces that vay �nd eo dsivevays aTr thst close. tlease. in considezing this variance. ieclings in this �attei. ?hank 7a+• 8 Asve regards to �y thoughtc and �espectfully sube�itted. �,Ow�� -�`' �rolyn Doyle. Nomeovner 921 Overton Drive N.E. Tridley. Ma1 55432 5� � TMt A IDATE BJECT r o� DIAECTOFiATE OF PUBLlC WORKS D.P,W. ark L_ gurch 1983 Joint and Crack Resealing Project � 00 � po �o MEMO R AN DUM TO Nasim M. Qureshi, City Man r ACTlON I INFO • On Friday, June 10, 1983, at 11:00 A.M. we received bids on a cooperative joint and crack resealing and concrete repair project with Columbia Heights and New Brighton. We had ten planholders and received six bids for the work. The proposals contained many items of work that a11 three cities desired to have accomplished. fridiey was interested anly in the joint and crack re- sealing and some concrete pavement replacement. We feel that the prices for joint resealing of $1.10 per foot and crack resealing of $1.22 per foot is very reasonable and competitive. However, the price for removing and re- placing concrete pavement sections is above our reasonable estimates. We have attempted to negotiate a contract with the low bidder, Arcon Construction, Inc., to do just the joint and crack resealing protion of the work but this is unacceptable to them. We therefore r.ecorrmend that the Council not award the contract to Arcon Construction,�Inc., and that we readvertise a 1983 Joint and Crack Resealing Project. h�6/mc c Tws ciTV os F�� DATE FROM SUBJECT D.P.W. DIRECTORATE OF PUBLIC WORKS Mark L. Burch Traffic Signals - 52nd b Highway 65 TO 7 0 MEMOFiANDUM ACTION� INFO• The MnDOT is planning to instail a traffic signal at the intersection of Highway �Y65 and 52nd Avenue. This intersection has experienced a considerable amount of accidents and now rates number 2 by MnDOT distri d criteria. A signal will allow all the traffic signals from 40th to I-694 to be syncron- ized and should alleviate s ane of the problems on 53rd as wetl as improve the safety of the intersection. The cities of Columbia Heights and Fridley will each contribute 25% of the non-Federal aid portion of the project. Fridley's estimated share is $4,622.93. The improvement is scheduled for letting on June 24, 1983, with completion by fall. In order for this project to progress, the City Council will have to adopt a resolution entering into an agreement with the State and Columbia Heights and the agreement will have to be signed. MLB/mc ` RESOLDTION N0. _. - 1983 RESOLDTION �iTERING ZNTO AN AGRSEMENT WITH THE STATE OF MINNESOTA AND THE CITY OF COLDl�IDIA HBIGHTS FOR A?R►FFIC SIGNAL dT 52ND A9ENDE �IdD T.H. #65 BB IT RESOLVED, that the City of Fridley enter into an agreement With the State of Minnesota, Department of Traasportation, for the following purposes, to Wit: To install a traffic control signal v3th street lights and signing on Trunk HighWay No. 65 at 52nd Avenue Northeast in accordance With the terms and conditions set forth and contained in Agreement No. 61503, a copy of �ich �+as before the Council. BE IT FURTHER RESOLVED that the proper officers of the City of Fridley be and hereDy are suthorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1983 • WILLIAM J. NEE - MAYOR ATTEST: SIDNEY C. INMAN - CITY CLERR 2/2/17/11 7A Decanber 2Z. IyL'2 2iz. Clydc rioravetz Fridley City E:�gineer G431 liniversity Aveauc H.P. t'ricley, ?�J 554�2 Ae: 315 - C.S. C2J7 (T.lI.6S) st 52nd Avenue N.E. ia Fridley 6 Coluobia Heighia Dstt Nr. t�orevet:: Ouz office i• curreotly dcsigni�g a peraaaent traffic eontrol sianal s�st�a for the aDove tetereaced iat�r�ectioa. ?hi• pro��ct is •ch�dul�d for a lsay 20, 1983 lettiag date. She proposed •ignal conatruction is Lo ins�all a pen�anent ii�� *Dase� fully tr�tfic actuated �igna2 systa� vith overhead •ignals and pedestrLn facili- , ttes for a21 approacAeo. Lw�tuaire• vi2l also ee pra►ideJ. aefore proceediag� certaia �sainteaance provi�ions �wt be i�corporattd iato aa agree�enc. V�� tbo Stat�� propo�e t6at tbe Citp of Colusbia tleighta vill be saponsible for painting, re.la,r.�ina aad cl�aaing of tbe si`nal •y�t�m, street light aainLenance and pov�r eo�c� to opsraie Lbe aig:ul a�itea aad •tra�t light systea. T�i• sugg�stioa is baied on tbe fact t6at the aainte- aaace on alI ot�er signal sT�tsas shar�d by the Cit7 of 1rldl�r and the Cit� of Colu�t,ia Neigbts i� ta3:en tare oi b� tbe Cit� of Tridle�. T'be State vill ba zasponaible for the coatrolletr and hardsrare r�inteasnce. T�e escisated eost for the •ignal coestruction ia appro�cimatel�'$90,00�. I[ is aaticipatsd [h:t the project vt12 be funded a�proulmately �b perc�aC vith Pederal Aid Pritoar� Fuads from the Fedaral GovQrarx at. It is prop�.ed that the rer,�aining 24 percent be a�lit 11 percent Stete, 6 percent City of Ftidley sad 6 percer.t Citp of e:olwabis llei�hte. The citi�s vill be as�eased an •ddi- tioeal 6 pezcent of their sisares for eagiaeering and inspectioa costs. Plaase foivard �our decisioa oa our propos�►ls so ve caa proc�es the cooFrra- tive agrecmeats tnd mect the 2etttng date. tf you have any que�tiotu. please toatrct Der�:i6 Eyler at 545-3761. Ezt. 1�3, oz sryeelf. Sinccrely, J. S. 1:atz, P.h. Dist:ict ?raffic Engineer JSK;pu:W �� L � �s �� ,� cc: J. Tveedale N. Natthevs D. R. E�ler � Filea !!'7 . . MIIJI�ESOTA TRANSPORTATIC�N L�EPARTMENT TRAFFIC CONTROL SIGNA L AGREEPIENT NO. 61503 BE'Th'EEN • THE STATE OF MIPINESOTA. DEPARTMENT OF TPANSPG'RTATI�N AND THE CITY OF COI�JMBIA HEIGHTS, MINNESO�TA AD?D � THE CITY OF FRIL`LEY, MINNESOTA FOR A Traffic Control Signal with Street Lights and Sig ning on Trunk Highway No. 65 at 52nd Avenue Northeast in Columbia Heights and Fridley, Minnesota. S.P. 0207-45 F.P. F 005-2(36) Prepared bv Traffic Fnaineerina ESTIr!ATED AMQUNT RECEIVABL� AMQL'rT ErTCL'MBFRED City of Columbia Yeiahts $4,622.93 City of Fridley $4,622.°3 None Otherwise covered ��L 7C THIS AGREEMEi��'T made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State", and the City of Columbia Aeights hereinafter referred to as "Colwnbia Heiohts", and the City of Fridley, hereinafter referred to as "Frid2ey"; WITNESSETH: WHEREAS, the State has determined that there is justification and it is in the public's best interest to install a traffic control signal with street lights an� signing on Trunk Highway No. 65 at 52nd Avenue Northeast in Co2umbia Heights and Fridley; and WHEREAS, it is anticipated that said work is eligible for seventy-six and seventy-four hundredths percent (76.74�) Federal-aid Funds; and WHEREAS, Columbia Heights, Fridley and the State will participate in the cost, maintenance and operation of said traffic control signal installation as hereinafter set forth; NdI�,, THEREFQRE, IT IS AGR£ED AS FOLIAWS: 1. Tre State shall prepare the necessary plans, specifications and proposals, and shall perform the enaineerina and inspection required to complete the items of work hereinafter set forth. Such work as described immediately above shall constitute "Engineering and Znspection" and shall be so referred to bereinafter. 2. The contract cost of the work or, if the work is not contracted, the cost of all labor, materials, and equipanent rer.tal 61503 -1- �� 7D required to complete the work, except the cost of providing the power supply to the service pole or pad, shall constitute the actual "Construction Cost" and shall be so referred to hereinafter. 3. The State with its own forces and equipment or by contract sball install oz cause the installation of the traffic control signal with atreet lights at the intersection of Tzunk Highway No. 65 and 52nd Avenue Northeast. Participation in the Construction Cost is 50 percent State, 25 percent Colwr.bia Heiqhts and 25 percent Fridley of the amount remaining after the Federal-aid pazticipation approved for said State Project is de@ucted. Estimated Construction Cost is $75,000 which cost includes $10,000 for State furnished materials. State's share is 11.63$, Columbia Heights�share is S.R158 and Fridley's share is 5.815$. Anticipated Federal-aid share is 76.74 percent. 4. Upon execution of this agreement and a request in writing by the State, Columbia Heights and Fridley shall each advance to the State an amount equal to its share of the cost based on the actual bid price and actual Fe�eral-aid share plus the estimated cost for State furnished material plus 6 percent of such amount for its share of the cost for £ngineering and Inspection. 5. Upon final payment to the contractor and computation of Columbia Heights�and Fridley's sliares for the work provided for herein, that amount of the funds advanced by them in excess of their shares will be returned to them without interest and Calumbia Heights and Fridley each aaree to pay to the State that amou�t of 61503 -2- ',�✓ 7E their shares which is in excess of the amount of the funds advanced by th em . 6. Columbia Heights shall install or cause the installation of an adequate electrical power supply to the service pad or pole including any necessary extensions of power lines, and upon completion cf said traffic control signal with street lights shall provide necessary electrica2 power for its operation at its cost and expense. 7. Upon completion of the work contemplated in Paraoraph 3 hereof, it shall be Columbia Heiahts' responsibi2ity, at its cost and expense, to: (1) maintain the luminaires; (2) relamp the traffic control signals and street lights; and (3) clean and paint the traffic control sianals, cabinet, ltaninaire mast arms an� pole shaft extensions. It shall be the State's responsibility, at its cast and expense, to perform �11 other traffic control signal and street light mainten�nce. P. Anv and all persons engagec� in t!�e aforesaid wor',c to a be performed ry the State st!all not be considerec employees of Columbia Heights or Fridley and any an� all claims that may or might arise under the Worker's Compensation of this State on hehalf of said er.�Floyees w?�ile so enaaaed, and any and all claims made by any third party as a conseauence of any act or omission en the part of sai� employees wY�il� so engagec3 on any of the work conterr.plated herein shall not be the obligation and responsirility of Coltunbia Heights or Fridley. The Statp shall not be responsible under the 61503 -3- 1�� 7F � �� , Worker's Compensation Act for any emp2oyees of Columbia Hei�hts or Fridley. 9. AIl timing of a12 traffic control signals provided for herein shall be �etermined by the State, through its Commissioner of Transportation, and no changes shall be made thezein except with the approval of the State. e 0 61503 -4- 7G CITY OF COLUMEIA HE-----� �►PPRC'VED.�S TO FQR1�I: / � �i t Attorney APPROVED AS TO FORM: 7H By CITY OF FRIDLEY Py Na yo r, William J. Nee (City Seal) By City Attorney, Virgil C. Herr c /�� City ��anager, Nasim M. Qureshi STATE OF MINNESOTA DFPARTM£NT OF TRA"'SPORTATIOr' RECC!�!MENDED FCR APPFOVAL: DFPARTMEI�'T OF TFPNSPOR'?'ATION District Engineer Operations DiJision APPROVED AS TO FGR1�1 AND EXECUTION: Assistant Attorney General State of Minnesota 62503 —5— Fy Assistant Commissioner Dated: DEPARTMEN'!' OF ADMIPiISTRAT70rT Py Dated: • • 8 CITY OF FRIDLEY MEMORANDUM T0: NASIM M. QURESHI, CITY MANAGER FROM: SID INMAN, DIRECTOR OF CENTRAL SERVICES SUBJECT: LOCAL LABOR AGREEHENT, APPENDIX B DATE: JUNE 16, 1983 Attached is a copy of the Local Labor Agreement, Appendix 6, to the master contract for Local No. 49. the items that were open for negotiation on this contract were all of the items contained in the Local Labor Agreement, Appendix B with the City of Fridley. As you are aware, the MasLer Agreement was negotiated through the MAMA group and approved earlier by the City Council. There are two major changes in the Local labor Agreement, Appendix 6. The first change is Lhat the 49'ers Union has accepted the Annual Leave Program. 7his is the same Annual Leave Program that the non-union City employees went on on January 1, 1983. The second major item af change is in severance pay. All severance pay hours accrued as of July 1, 1983 will be converted to Annaal Leave. There will be no additional severance pay within the 49'ers contract. This contract begins on July 1, 1983 and runs until December 31, 1984. As chief negotiator for the City, I would recommend that the City Council approve this contract. If you have further questions on this matter, please feel free to let me know. SCI:sh Attachment 8A APPEZ�IDDC B TO A�iTTIQ�] I�D. 5-1983 IOQ�L I�Batt �IQtEQ�NT B�ZWffi�1 ZiiE C,I'1'Y 0� FRICLtiY �1t�ID II�TIF•I�TIt�L �TION OF OPERATIIdG FNGII�iS IDCAI. AD. 49 �FZ�-CIO (�Y l, 1983 10 DE�IIt 31, 1984) ARTICI.E A. DEFINITIOI�LS 1. STAPIDBY PAY: C�ensation for standing by at the City's request, or being available for work on days that are normally considered to be the erg�loyee's day off . ARTICI.E B. A[�II�ItJAI. LFAVE 1. Each erq�loyee shall be entitled to annual leave away from erq�loyment with pay. Annual leave may be used for scheduled or emergency absences from e�loyment. Annual leave pay shall be computed at the regular rate of pay to which such an enployee is entitled; provided, however, that the amount of any cam�ensation shall be reduced by any payment received by the employee from workers' compensation insurance, Public E�nployees Retirement Association disability insurance, or Social Security disability insurance. An dnployee's acctnnul.ation of annual leave will be reduced only by the amount of annual leave for which the employee receives canpensation. 2. Seniority shall apply on scheduled annual leave up to May lst of each year. After May lst, scheduled annual leave shall be on a f irst come, first served basis. 3. A beginninq e�loyee shall acxrue annual leave nt the rate of eighteen (18) days per year for the first seven (7) years (64 successive months). An e�loyee who has wcrked seven (7) years (84 successive months) shall accrue annual leave at the rate of twenty-four (24) days per year, beginning with the eiqhty-fifth (85th) month of succ:essive e�loyment. An enployee who has worked fifteen (15) years (160 sucoessive months) shall accrue annual leave at the rate of twenty-six (26) days per year, beginning with the cne hundred eigbty-first (181st) month of consecutive eq�loyment. �ese rates are based on a forty hour regular work week. R�e actual �t creditecl to an eu�loyee in any given pay period shall be prorated acoorciing to the actual rnanber of regular hours Worked during that pay period. Hours worked on overtime, callback, or standby shall not �ter into the calculation of the aocrual of annual leav�e. 4. For an e�loyee hired on or after July l, 1983: �e maxim�an total acc�mu2ation of annual leave at the end of any given year sha21 be thirty (301 days. �� 8 B Once a year, at a time designated by the City, an employee who has completed seven (7) years of service with the City will have the opportunity to exchange up to three (3) days of acc�nulated annual leave for cash. At the same time, an er�loyee who has completed f if teen (15 ) years of service with the City will have the opportunity to exchange up t,o 5 days of acc�anulatec3 ann� leave for cash. S. Fbr an e�loyee tured before July l, 1983: Vacation accrued but unused as of June 30, 1963 shall be converted to annual leave at the rate of one (1) day of annual leave for one (1) day of vacation. Accrued but ta�used sick leave as of June 30, 1983 shall be o�nverted to anr�ual leave according to the follvwing schedule: a. lst 45 days @ 1 day of annual leave for l day of sick leave b. 2nd 45 days @ 1 c3ay of annual leave for 2 days of sick leave c. R�enainder @ 1 day of annual leave for 3 days of sick leave In lieu of severance pay, one hour of annual leave shall be credited for each full ironth of er�loyment up to a maxim�n of two hundred forty (240) hours. Zt�e total am�ount of annual leave credited to the erg�loyee's balance as of July l, 1963 shall be equal to accrued but unused vacation plus accrued but u�used sick leave oonverted acoording to the formula above plus the a�nount in lieu of severance pay. If upon o�nversion to the annual leave plan an e�loyee's accunulation of .�: annual leave exceeds thirty (30) c3ays, that amount shall be the maximum total acc�m►ulation (cap) for that employee at the end of any subsequent year. Once a year, at a time c7esignated by the City, nn enployee will have the opportunity to exchange � to five (5) days of accumulated annual leave for cash. In addition, once a year at a time designated by the City, an employee with an acc�anulation of annual leave in excess of thirty (30) days will have the opp�rtunity to exchan9e up to five (5) days of annual leave for cash. Such an exchange shall reduce the maxim�n total acc�nulation (cap) of an enplayee by an equal mnount. 6. Upon separation fran employment with the City, an employee will be paid one (1) day's salary for each day of accrued annual leave remaining in the em�loyee's balance. ARTIQ�E C. � ZII2Nl DISABII�TTY l� gach e�loyee who has sucoessfully oo�leted the ea�loyee's probationary period shall be eligible for short term disability benefit. Such an e�layee sha�ll be entitled to fnll pay conm�encing on the twenty-first (21st) ocnsecutive working day on which the employee is absent due to a physician-certified illness or injury, whether on or off the job, and oontinuing until the eaployee returns to work ab2e to carry out the full �� 8 C duties and responsibilities of the eaployee's position or through the one hunc]red and tenth (110th) working c3ay of absence, whichever xcurs first; provided, however, that the aa�aunt of any compensation shall be reduced by any payment received by the disabled employee from workers' compensation insurance, Public Employees Retirement Association disability insurance, or Social Security disability insurance. Payment of short term disability benefit by the City to an employee shall not exceed ninety (90) Working days for any single illness or injury, regardless of the number and spacing of episodes. R�e annual leave bnlance of an emplayee receiving short term disability benef it shall not be reduced, nor shall such employee accrue annual leave during that period. 2. Hefore any short term disability payments are made by the City to an employee, the City may request and is entitled to receive f rom any employee who has been absent more than twenty (20) working days in succession a certificate signed by a ca�etent physician or other medical attendant oertifying to the fact that the entire absence was, in fact, due to the illness or injury and not otherwise. Tt�e City also reserves the right to have an examination made at any time of any employee claiming payment under the short term disability benefit. Such examination may be made on behalf of the City by any competent person designated by the City when the City deems the same to be reasonably neoessary to verify the illness or injury claimed. _ 3. If an e�layee hired before July l, 1983 has received payments under the injury-on-duty provisions of previous oontracts, the number of days for which payment was received will be deducted from the number of days of eligibility for ooverage ta�der short tQrm disability for that same injury. . ARTICI�E D. ST�IDBY PAY AI�ID MIN�lIJM CAI.I�AQt i�t S'rAPIDBY II�1PI�YgS l. a. F7nployees who are designated by the City Manager to serve in a "standby" status on behalf of the City � a Saturday, Sunc3ay or Aoliday will receive as oompensation for such service as "standby" two (2) hburs of overtime pay for each day served in such status. b. D�layees required to "stanc�y" during the week will receive as oa�ensation for suci, servioe four (4) hours pay at the avertime rate. c. If on any such day the Dnployee in 'stan�y" shall actually perform w�ork for the City, he shall be entitled to vompensation for each hour or portion thereof actually worked at the avertime rate of pay, which shall be in addition to the stan�Y P�Y• 2. An D�loyee who is on standby and is c,alled out to perform work shall be paid a minim�n of a�e (1) hour wertime for performing sud� taork. •. : . c+: � a„� a� � 1� � � �• � � �. v• • • -.� e+. . �4 8 D 1. �e City will pay tuition costs for tra�ning courses relevant to the Employee's present or anticipated career responsibilities at CYty-approved institutions. �e City will pay fifty pervent (50$) of the oost of tuition in advance and the F�nployee vill pay the other fifty percent (50$). The Employee will be required to present to his Department Aead a oertification of satisfactory �rork When the course is oaapleted.. a. pourses issuing a letter grade: A'C" or above is required. b. Oourses issuing a nunerical grade: A"70" percentile is required. c. Oauses not issuing a grade: A certification certifying that the student has satisfactorily the activities of the oourses is required. ran the instructor participateci in 2. If the f�nployee satisfactorily completes the course, he will be reimbursed for the additional fifty percent (508) of the tuition. The City will not zeimburse the Ffiployee for fees which are charged f or instruction, associated administrative expense, books, student membership, student health coverage and other charges for which the student receives some it�n or eervice. 3. ZY�e City will not reimburse the F.lmmployee for expenses reimbursed under some other education systegn or prograQn, i.e., G.I. Bill. ARTIQrE F. �J�L PAY In case of death xcurring in the immediate family of an Employee, such an F�layee may be excused fram work for up to three (3) days with additional time off granted by the Gity Manager if additional time is needed. This time off sha11 not subject the F�nployee to loss of pay. Fbr this purpodse, members of the imnediate family of the Dnployee are �nsidered to be the following: sp�use,,child (Natural or adopted), parent, grandparent, brother, sister, m�ther-in-law or father-irrlaw. ARTIQ�E G. JIJRY PAY ArID WIii�SS F'EES An F1�loyee who has been cii1Y sutm�oned for jury duty in ariy oourt, or who has been duly s�amioned as a witness in any proceeding. shall be excused f rom work for the p�upose of oo�aplying with su� s�mons, and while absent from work in accordance therewith, sudi enployee shall be �titled to receive as gay a sum of money equal to the difference between what he received as oanpensation for 8uch jury duty or witness fees, and his regulaz pay. AR'1'ICI.E 8. MIILITARY LFAVE liny F�nployee absent from work in nccordance with the order of a duly established military authority sha].l receive pay and oo�nsation during such absenoe as is provided by State Law. �� 8 E r�r�a.s i. naa�arrrvE �►x cr,a�c�vrrY� Incentive Pay will be paid wer and above �e base rate of pay for employees permanently hired prior to March 31, 1973 acoordinq to the follcwing sc�edule: Pifter 5 years of Service: 2-1/2$ of base salary rounded to the nearest dollar nmo�uit l4fter IO years of Servioe: 58 of base salary rounded to the r�earest dollar amount �fter 15 years of Servive: 7-1/28 of base salary ro�ax7ed to the rearest dollar amaunt �he City of Fridley has agreed to pay ir�centive pay to Dnployees hired prior to March 31, 1973, in recognition of their prior service and contribution to the City of Fridley. Neither the City nor the UNION will attempt to take away longevity or incentive pay for those persons hired prior to March 31, 1973, in future contracts. Zfie amount of incentive pay for eligible Dr�loyees will be negotiated for the affected Dr�layees. ARTIQrE J. UNZF�O�LS �e City of Fridley will furnish ta�iforms to Dnployees of the bargaining unit free of charge to the Dnplayee. Zt�e City reserves the right to select the type of uniform to be furnished. The City will agree to f urnish rain equipne�,t and special safety equipment for all Dnployees. ARTIQ.E R. REPRFSFNTATIVE QV ARFA WIDE AIDC�O�TIATIONS If the UNION chooses to use one of the personnel fran the Fridley work force as a representative on the area wide bargaining unit for more than one year in three, Local No. 49 will pay the salary of such Emp►loyee for the second year for the time spent on area wide r�egotiations. �e purpose is to spread the oost of such negotiation aQnong the several �inities involved in joint negotiations. . ARTIQ�E L. II1�JRAN� . �e City also provides life insurance equal to annual salary, with a maximum of $10,000 per flnployee, and also will provide additional AD 6 D Insurance equal to salary with a maxim�nn of $10,000 per Employee, providing the total C� ty cost for all insurance does not exceed the amount set forth in the l�aster Contract. l�RTIQ,E M. T�JRATION �is agreenent shall be effective as of July l, 1963, and shall remain in full force and effect �ntil December 31, 1984. •. : . c:: �a„��./ �� 8 F IN WITNESS WHERDOF, the parties hereto have executed this Agreement on this day of ,1983. ��,: ►: MMY �� : �� 1 Nasim M. Qureshi — City Manager Williaan J. Nee — lRayor �Ft IIdTII2NATI0I�lAL i)NION OF OPERATII�]G FI�GII�IEIIiS. IDCAL 49 � , _ 4-�- Donald C. C�rrrigan, S d �/�g/18 mis/6/14/83 ,�„�� H. Peterson, AB�R Local . 49 CITY OF FRIDLEY MEMORANDUM T0: NASIM M. QURESHI, CITY MANAGER FROM: SID INMAN, DIRECTOR OF CENTRAL SERVICES SUBJECT: FIREFIGHTERS CONTRACT DATE: JUNE 16, 1983 Attached is a copy of the agreed upon Firefighters Contract for the calendar year 1983. In 1983, the only item open for negotiation within the Firefighters Contract was wages. Firefighters have agreed to a six percent across the board increase. The City negotiating team of Bob Aldrich and I recomnend that the City Council approve this contract. If you have further questions on this matter, please feel free to let me know. SCI:sh Attachment � � RB9Q,U1'�i ID- — 1983 A gp�pi,V�Iplii Ap�IBG 1�iD AOTBORIZIl�16 SIGNIPG 'l�S �� i�tRII� C�l�Dl'1ZQ�S� i�'S lill� � Q�+�i0�'•S a' � CI'lY OF FRIDLBY FIRE DBPARZl�I� P�t 'i �R 19�3 WI�RFAS, the International Association of Firef ighters Local No. 1986 , as bargaining representative of the Firefighters of the City of Fridley Fire Department, has presented to the Council of the City of Fridley various tequests reiating to the working oonaitions, wages and hours of enployees of the Fire Department of the City of Fridley, and Wf�tFAS, the City of F�ridley has presented various requests to the Union and to the enplvyees relating to working oonditions, wages and hours of employees of the Fire Department of the City af Fridley, and WI�F',AS, representatives of the Union and the �ity have met and negotiated regarding the requests of the Union and the City, and Wf�RFAS, agreanent has nvw been reachec7 betw�een the repsesentatives of ti�e two parties on the proposed changes in the existing contract between the City and the Union. • I�W, �igtF��pRE, BE IT RF5(I,OVID, that the City Council hereby approves said _! Agreenent and that the Mayor and the City Manager are hereby authorized to execute the attached Agreenent (Exhibit "A") relating to working conditions, wages and hours of Firef ighters of the City of Fridley Fire Departmer►t. PASSID AI�ID ADOF'rID BY �iE CITY C�JNCIL OF � CITY OF FRIDLEY �IIS_,_ �AY OF , 1983 WILL7AM J. I�E — MAYI�R ATI'F�'T: smc� c. n�v - crrY a�x :. • c• f� �> . � •� M • " ' 1 � -� � 11 ►�'� ' 1 � � M • • - �• f- c•..r.. • � • • .. 9R �• .' c•..:.•� • r • •• ��• w • • :c • � • • ..: . ►. � lIRTICZE I - Agt%O�SE OF K�tED�Tr . . . . . . . . . . . . . . . . . 1 11R'1'ICI.E II - RDOOGNITIDtJ. . . . . . . . . . . . . . . . . . . . . . 1 11RTIC7E ITI - D�Ef'�]ITIDNS. � . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE IV - �iOYi�t SD(�tl'1'Y . . . . . . . . . . . . . . . . . . . 3 11RTICLE V - II+�LO�YIIt WII�lO►Rl'!Y . . . . . . . � . . • • • • • • • • • 3 ARTICZ.E VI - t�]ION SDCZIItITY . . . . . . . . . . . . . . . . . . . . 3 11RTIQE VII - H'�iOYEE RI(�iIS - QtIEV1�NCE PROCi��iE. . . . . . . . . 3 ARTICLE VIII - SAVII�S Q1►IJ.SE . . . . . . . . . . . . . . . . . . . . 6 ARTICi.E � - SE?�lIORITY . . . . . . . . . . . . . . . . . . . . . . . 6 AR'TICLE X - DISQPLII� . . . . . . . . . . . . . . . . . . . . • • 7 �1RTICI.E XI - 1�iR SQ�1I�5 . . . . . . . . . . . . . . . . . . . . 7 1hRTICLE XII - VACAT�JN.S . . . . . . . . . . . . . . . . . . . . . . . 8 JIRTICLE XIII - PAY PC�t FDiE (�►Ld.S . . . . . . . . . . . . . . . . . . 8 ARTICLE XIV - i1+�i�0YF'.E IDUt�TIDN PRD(�M . . . . . . . . . . . . . . 8 ARTICI.E XV - H7i.IDAYS . . . . . . . . . . . . . . . . . . . . . . . 9 11RTIQ.E XVI - SIaC L�►VE . . . . . . . . . . . . . . . . . . . . . . 10 NtTICI.E XVII - IKTt1RY CN J�B . . . . . . . . . . . . . . . . . . . . . 10 ' ARTICLE XVIII - Y i£RIOffi . . . . . . . . . . . . . . . . . 11 ARTICLE XDC - PUI�L PAY . . . . . . . . . . . . . . . . . . . . . . 11 11RTICI�E 7IX - J[IItY PAY . . . . . . . . . . . . . . . . . . . . . . . 11 ARTItZE lOQ - CNIi'C�iM 1�i.I17i�NGE . . . . . . . . . . . . . . . . . . . 11 11RTICLE 70QI - i�L�i �ID AOSPI'1'P,L D�1SZk�N�. . . . . . . . . . . . . 11 ARTICLE �DQIZ - RAZES QF PAY . . . • • • • • • • • • • • • • . . . • . 11 JhATI(ZE �OQV - �DDI'�IO�L II�1�JI'IVE P�Y . . . . . . . . . . . . . . . 12 11RTIQ.E �IXV - Q��7GE Qt�I75 . . . . . . . . . . . . . . . . . . . . 12 . � � : , - .. � � .. , ,r. �cc� �ocvi — s�,v� �r . . . . . . . . . . . . . . . . . . . . . �2 11RTIQE �DCVII — 1�IIhIVIIt . . . . . . . . . . . . . . . . . . . . . . . . 13 11RTIQ� )ocVIII — Df�tATIDN . . . . . . . . . . . . . . . . . . . . . . . 13 � 9C 9� :�• c• f� �� i 1 � :�'✓ �1 • ' ' 11 :�- .� 1 ►>'� ' 1• ' '` � M 1� • ' 1' i' P'/►:r'�. •Y • •J � • ��•1'��1" • ' P' f� �:r �is AC�ED�TT is entered into as of — . between the CITY OF i�tIDLEY, hereinafter called the D�iPlDY�t► and the INI'�tA�'TIONAL ASSOCIATION OF FIRE FIGF�LS LOCAL AD. 1986, hereinafter called the UNION. It is the intent and purpose of the � tc: l.l Establish procedures for the resolution of disputes concerning this AC�itE�TT' S interpretation and/or application; arxi 1.2 Plaoe in wzitter fotm the parties' agreanent upon te=ms and ocnditions of enployment for the duration of this A�F.�TT. •� � • • :,��c � �• Zhe II�UDYER recognizes the UNION as the exclusive representative, ur�der Minnesota Statutes, Section 179.71, Swbaivision 3, for all personnel in the following job classifications: 1. Firef i�ters 2. Fire Captain . �RTIQE III IFFII�IITIII�S k ,� • � �e Inteinational Association of Firef ighters Local No. 1966. �� 1 V�111��,C� A m�nber af the International l�,ssociation of Firef ightets Local No. 1986. 3.3 �1Qy� A memt�er of the exclusively reoo�izea bargainin9 iazit. -1- 3.4 S�e City of Fiidley Pire Depeu�nent , 3.5 �Q1G�L �e City of Fridley �.6 �ief �e Qiief o� the Fire Depart�ment of the City of Fridley. �� •,. •, . - Officer elected or ap� inted by the International Association of Firef ic�ters Local No. 1986 • 3.8 �t�.,r,� Work perforn�ed at the express authorization of the D�iPi�OYgt 3n exoess of the enployee's schcduled shift. �,:,• ;. ti. A oonsecutive Mrork period including two rest breaks ar►d a lunch break. 3.10 A�,s* r akc RWo periocis during the S�IJI� SHIFT during which the enployee renains on vontinual duty and is responsible for assic�ed duties. 3.11 L{�ch Bre�k A period during the �JLED SHIFT during which the enployee renains on oontinual duty and is responsible for assi� �ties. 3.12 fitLike + Concerted action in failing to report for duty, the willful absence fran one's p�sition, the stappage of work, slar-down. or abstinence in whole or in part fram the full, faithful and proper P'�rformv'ce of the duties of enployme�rt for the purposes of inducing, influencing or coercing a change in the oorxlitions or oompensation or the rights, privileges or obligations of enployment. 3.13 ��? R?te of P�v �e Dnployee's monthly rate of pay exclusive of longevity or any other sp�ecial allaaanoe. .��.-� .. ��- Time off during the e�layee's regularly scheauled work echedule equal in time to wert,iiae rrorked. -2- 9E 3.15 spv�►r��oe pay 9f Payment made to an enployee upon honozab�le separation of enployment. •� � : :• r • �: • �:,�� • �e tfiIION agrees that during the life of this AGRE�lENT it Mill not cause, encourage, participate in or support any strike, slow-down or other Snterruption of or interfer�ce with the nom�al f�ctions of the II�LDYIIt. •� � � :• r • �r• � ►: � • 5.1 �he e+�'t� zetains the full and unrestricted right to operate and taanacle ali manpawer, facilities, and equipnent; to establish functions and progr�s; to set and amend bu8gets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and detennine the n�nber of personnel; to establish work schedules, and to perform any inherent managerial f unction not specifically limited by this A(�tF.�TT. 5.2 Any term and o�ndition of enployment not specif ically established or maiified by this ACRF.B�TT shall renain solely within the discretion of the D�iDYF3t to nadify. establish, or eliminate. llRTIQ,B QI � �I'lY 6.1 Tl�e D�'!�0'YIIt sha11 deduct fran the aages of enployees vho authorize such a deduction in r+rtiting an aanount neoessary to oover monthly UNION dues. Such tronies shall be renitted as clirected by the t�lION. 6.2 R�e tlNION may desi�ate enployees fram the bargaining unit to act as a st�a �►a ��ternate �a shall inform the EMPLOYER in writing of such choioe and char►ges in the position of steward and/or alternate. 6.3 �e F�iPiQ►YIIt sha11 nake spaoe available an the enployee bulletin board for posting L�1ION notioe (s) and announcenent (s) . 6.4 ZY►e iJNION agrees to indeanify and }�old the D�iD�Y�t harmless against any and all claims, suits, ordezs, ar ju3c�+ents brought or issued against the F3lPLOYER as a result of any action taken or not taken by the FI�+�LDYIIt �a�det ti�e pcwisions of this Article. y �- : 1• • la' ' lC:rr. �' 1" ,�' ..,� 1: � 1,'1" �' � •:• • - r �.- � grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conaitions of this Ac;RED�TP. -3- �„ .,. - . - , .- 9G �e D�1.7YQt will reoocy�ize REPRF5IIITAZ`IVES desic�ated by the UNION as t2�e grievanoe representatives of the bargaining unit having the duties and responsibilities established by this Article. �e UNION shall notify the EMPLOYER in Writing of the names of such UNION R�tFSFNTATNES and of their suooessors when so designatea as provided by Section 6.2 of this AGRF.E�Tr. ;..- �. . -��•.- It is re�ized and acoepted by the ONION and the EMPIAYER that the prooessing of grievanoes as hereinafter provided is limited by the job duties and resp�nsibilities of the EMPLOYEES and shall therefore be acvan�lished during normal �+orking hours only when oonsistent with such D�'iIDYEE duties and responsibilities. The aggrieved EMPLOYEE nnd a UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievar�ce is investigated and presented to the D�LOYnt during normal v�orking hours provided that the IIrlPLOYEE and the UNIpN RF�RFS�TATIVE have notified and received the npproval of the desi�ated supervisor who has determined that such absence is reasonable and Would not be detrimental to the wcrk prograns of the D�1P10Yi�t. ; ... - .� Grievances, as defined by Section 7•I. sha�l be =esolved in conformance with the follcwing prooedure: ��•f� "' An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREET�NT shall, within twenty-one (21) calendar days after such alleged violation has xcurred. present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The E[�'I�DYF�t-desi�ated representative will discuss and give an answer to su� Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing,setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREF�IENT allegedly violated, the renc�dy requestea. and shall be appealed to Step 2 within ten (10) calenciar ciays after the DriPi�OYER-designated representative's final ansaer in Step 1. Ariy grievanoe not appealed in writing to Step 2 by the t�lION within t� (IO) calendar days shall be a�nsidered waived. 0 If appealed, the written grievanoe sha11 be P'resented by the UNION and discussed with the EMPLOYER-designated Step 2 representative. The p�'iOYII�- c3esi�ated representative si�all give the UNION the EMPIAYER' S Step 2 answer in writing within ten t10) calenaar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days folloWing the II�'IDYII��desic�ated representative's final Step 2 answer. Any 9rievance not appealed in writing to Step 3 by the �ION within ten (10) calendar days shall be o�nsidered Waived. -4- i � 7.5 � -. If appe,a2ea,, the written grievanoe shall be p�esented by the UNION and discussed with the F�iPLOYER-desiqnated Step 3 representative. The DripLOiYER- desicytiateci representative shall give the t�TION t2►e EMPIAYER' S ans�rer in Writing within ten (10) calendar clays after sece ipt o f su c h Step 3 grievanoe. � grievance not resolved in Step 3 mny be apQealed to Step 4�rithin ten (10) calerxiar days follvwing the n'9pL0�'designated representative's final answer in StQp 3. Any grievanoe not appealed in Mriting to Step 4 by the UNION within ten (10) calendar aays shall be o�nsidered Waived. :� -'� A grievance tmresolvec] in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Driployment Labor Relations Act of 1971. The selection of ari arbitratoc shall be made in accordance with the 'Rules Governing the Arbitration of Grievances" as established by the Public F�nployment Relations Hoard. • . . •• a. The arbitrator shall have no right to ame ic,�ore, add to, oz subtract fram the terms AGRED�IENT. The arbitrator shall consider specific issue(s) submitted fn writing by LA�lION, and shall have no authority to make a issue not so submitted. nd, nwdify, nullify, and conditions of this and decide only the the EMPIAYER and the decision on any other b. �e arbitrator shall be without pvrrer to make decisions oontrary to, or inconsistent With, or modifying or varying in any way the application of laws, rules, or regulations having.the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of bziefs by the perties, whichever be later, ur�less the par,ties agree to an extension. T�e decision shall be binding on .both the �'iDYF�t and the UNION and shall be based solely on the arbitrator's interpretation or a�pplication of the express terms of this AGRF.�TI' ar►d to the facts of the grievanoe presentecl. c. 7l�e fees and expenses for the arbitrator's setvioes and proceedings ��l be borne equally b,y, the �iPi1�yF�t and the UNION provided that each party shall be responsible for compensating its own representatives and witresses. If either party desires a verbatim record of the proceedin9s� it maY cause such a record to be made, prraviding it pays for the re�rd. If bcth parties desire a verbatim record of the p�ooeedings the oost shall be shared equally• 7.6 1�i�L If a grievanoe is not presented within the time limits eet forti� above, it shall be o�nsidered �raived". If a grievance is not appealed to the next step Within the specif ied time limit or any agreed extension -5- !�� 91 thereof, it shall be aunsidered �ettled on the b�asis of the EMPIAYER'S last an.,�,�er, If the D�L�Ygt cioes not ansaer a gr ievance or an appeal t2�ereof tiaithin the specif ied tin�e limits, the tlNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. �e time Iimit in each step may be extended by mutual writt�n agreenent of the i3�F�iAYIIt and the �+TI0�11 3n each step. .�,. .- . _��;.�; If, as a result of the written EMPLOYER response in Step 3, the grievance re�nains unresolved, and if the grievance involves the suspension, den�tion, oz dischar9e of an emplayee who has oampleted the tequired probationary period, the grievance may be appealed either to StQp 4 of Article VII or a prooedure such as: Cavil Serviae� Veteran's Preference, or Fair D�Iayment. If appealed to any procedure other than Step 4 of Article VII, the grievanoe is not subject to the arbitration procedure as prwided in Step 4 of Article VII. The aggrieved employee sha�l indicate in �,ariting which ptocedure is to be utilized (Step 4 of Article VII or another appeal praoedure) and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved enployee fran malcing a subsequent appeal through Step 4 of Article VII. _ �.� . � �� . ��: �. .�; �,�a 7his AGRED�NT is subject to the laws of the United States, the State of Minnesota and tt�e City of Fridley. In ti�e event any provision of this 1yGREII�IENT shall be held to be contrary to law by a court af competent jurisdiction fram vhose f inal judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other p�avisions of this Ac�tED�TT sha11 continue in full force and effect. The voic3ed pravision may be re�ec�tiated at the writter request of either party. v� • � � :��,� � ; 441 9.1 Seniority shall be deten+tined by the employee's length of continuous employment with the Fire Department and posted in an appropriate location. Seniority rosters may be maintai.nea by the FIRE CHIEF on the basis of time in grade and time rrithin specific classifications. 9.2 During tt►e Pzobationary period, a newly hired or rehirea enployee may be discharged at the sole discretion of the EMPLOYER. During the probationarY period a pramoted or reassi�ed enplaYee may be replaoed in his pcevious postion at the sole discretion of the II�iPi�OYIIt. 9.3 A reduction of work force Will be accomplished on the basis of 6eniozity. F.�nployees shall be recalled from layoff on the basis of seniority. An enployee oa� layoff shall have an opportunity to retu o ee �rork within tWO years of the time o� his layoff before ar�y new emp Y is hized. 9.4 Vacatian periods to a maximm of twa t2) �� 1 be eelected on the basis of seniority until May lst of each calerdar Yeaz• -6- 11R'riQB Z DL9C�LII� 9J 10.1 �e H�iOYIIt w�11 discipline enployees for just cause arr7 maY be i� one or more of the following fo�as: a. oral repriroand; b. written reprimand= c. suspension= d. denotion; or . e. disct�arge. 10.2 bi�spensians, aenotio�s and clisci�ar9es Will be in Written form. 10.3 Written repri�nds, notioes of suspension, end notices of discharge which are to beoon�e part of an emplayee's personnel f ile shall be reacl and acknowle3ged by sic�ature of the enployee. i�m�ployees will reoeive a oopy of sud� reprinanas a►nd/or notioes. 10.4 D�loyees may examine tbeir own irxlividual persoru�el f iles at reasonable tim�es �der the ditect supervision of the F�1PiDYF�t. �� . . • : -.•�: � �� 11.1 �e nornal work schedule for the enployees of the Fire Degartment shall o�nsist of a 56.66 hau �rork week. Z�e normal work schedule for 1982 sha11 be 56 hours per w�eeJc until 6/14/82 ancl 56.66 houts thereafter. �e norn�al work schedule for 1983 shall be 2946 hours. The 56.6 hour work week for 1982 and 1963 does not comtemplate regularly scheduled hours on Saturday ar�d before 6 P.M. on S�a�days. a. hours Mrorked on assic�ed shiftst b. holidays; c. authorized leave time. Z�e Depart�t eead is responsible for scheduling and assigning the weekly w�rl� sct�edule. 11.2 �e City claims the authority to schedule en►Ployee's duty schedule. A n�rmal work schedule for the enplvye�s will be a combination of shifts ocxr�rised of twelve (12) hours between 8:00 P.M. S� 5 00 P.M. F'rida . Friday and t�en (10) hours bet�e� 7.00 A.M. Mcxx]ay Y 11.3 It is rec�oc�,ized by the pnrties that serviae to the public may require the establishment of regular shifts for same employees on a daily, Weekly, seasonal, or ar�nual basis, ather than the regularly scheduled hours. '�e enployer will give aavanae netiee to the enPloyees affected by the establistunert of work days different than the norinal enployees' wcrk dny. 11.� In the event that work is =�quired because of �usual circamstar�ces such as (but not limited to) fire, flood, siow► sleet, breakdvwn of municipal equignPnt or facilities, no advance notice to the employees need be given. It is not required that an employee Wotking other than the �Z 9� � nornal workday be scheduled to work more than the scheduled hours� hawever, eacb enPloYee 1�as an obligation to work wertime if requested, u�less �usual circ�nstanoes psevent him fran doing so. 11.5 It is also reoo��ized by the parties that service to the public may require the establistrment of regular rrork weeks that scheclule work on Saturdays and/or S�days. Fh�lvyees Who are regularlY scheduled to be on duty Saturday and/or S�a�day will be granted t�o oonsecutive days off 3r1 lieu of Saturday and/or S�day. ANTIQ� ZII VlIL�►TmZS 12.1 Each i�loyee of the City who has worked regularly for the 'City for a period of not less than tWelve (12) successive rronths is entitled to a vacation away from enplayment with pay. Vacation pay sha11 be computed at the reqular rate of pay to which such i�nployee is entitled. Ar� Dr�loyee who has worked a minim�n of twelve (12) months is entitled to one (1) work day (11.3) hours of vacation for each month so worked. An D�loyee who has worked eighty-fau (64) oonsecutive m�nths �is entitled to one and one-half (1 1/2) workdays (16.95 hours) of vacation for each month w�orked beginning with the eighty-fifth (65th) nanth of oonsecutive employment. An Employee who has worked one hundred eighty (180) succ�essive nanths is entitled to one nnd tWO-thirds (1 2/3) workdays (18.75 hours) of vacation for each month �rorked, beginnin9 with the one h�►dred eighty-first (181st) nnnth of consecutive employment. Except Where otherwise provided by agreesnent between the City Manager and F�loyee, no more than twenty (20) days vacation nay be taken in any one calendar year. 12.2 Dnployees are not authorized to carry over from one year to the next nare than five (5) days of vacation aver what the employee had at the end of the previous year, Without express approval of his Department Aead and the City Manager. 12.3 In the event a regular full time bnployee quits or his employment is severed for any reason whatsoever, he sha11 reoeive his earned vacation PaY• ; ARTIQ� IIII P�►Y P�t FIItE Q�ilS 13.1 Pay for off duty fire calls shall be nn aanamt egual to the current rate being paid to paid call f iref i�ters. Rhis will apply on all f ire calls before or after regular �rorking hours or on days off. Should the oo�rts find that the Fridley Fire Degartment comes under the jurisdiction of the Federal Fair Labor Standards Act� this section of the acntract shall be null ana �oia. , '� � : � ` : 1' � 1 �" : 1 1 Y � ' ' � r' 14.1 �e City wi11 pay aertain expen9es for oertain eaucation oourses based on the follvwing criteria. a� ��9 �s� must t�acve relevance to the Employees' present -8- 9L or anticipat�ec] career respcnsibilities. Attendance shall be at a City approved institution. The course must be approved by the Department Hend. b. Financial assistance Will be exter�dea on1Y tc ao�raes offered by an accredited institution. This includes vocational schools, l�Li.rv�esota Sci�000l of Business, rtc. 1�.2 8a�lvyee F,c�cation Programs Financial Policy Financial assistance will be extended to aover only the oost of tuition. �arges for books, student �aiion ment�ership. stndent health ooverage and other charges foz Which the student reoeives sane iten or servioes other than actual instruction will not be paid. 4l�e City will pay 508 of the cost of tuition in advanoe of the Dr�layee's actual participation in the oourse and the Dnployee shall pay 508 of the cost. Upon successful oe�rtif icati nf ofhsatisfactory r+�orkl t ehis idepartment ut�ead. tSatisfactory r+�ork is defineci as follows: a. In oourses issuing a letter qrade, a C or abave is required. b. In c�urses issuing a rnm�erical gzacie� 70$ oz abave is required. c. In acurses not issuing a grade, a oertification fram the institution that the student satisfactorily participated in the activities of �the courses ns required. 14.3 If the tinployee satisfactorily completes the course, he will be �- reimbursed for the additional 50$ of the tuition cost for which he obligated himself in the approved application. If the emplayee fails to satisfactorily cort�lete the oourse, he will not be reimbursed. 14.4 T�e proqram will not reimiurse the enployee for the hours he spends in class, cnly for the tuition. 14.5 Expenses %r vhich the employee is compensated under some other educational or assistance program, such as the GI bill, vill not be oovered. 14.6 Tfie City �rill not pay tuition or other oosts for those c�urses which are used to make the enployee eligi.ble for additional salary. •� . - :. �� .. 15.1 8olidays inclu3e New Year's Day, January 2; Washington and Lincoln's Sirthday, the third Monday in F'ebruary; l4enorial Day, the last Monday in May; Independence Day July 4; Labor Day• the first Morrday in Septe�►ber; �ristapher Goluanbus Day• the �nd Maxiay in O�ober s Veteran s Day. i�bvenber 11; �anksgiving Day, the fourth Thursday in November; and �zistrnas Day, Deoenber 25; pravided� i�fien New Year's D�ay. January 1; or Independenoe Day, July 4z or Vetezan's Day, November lls or Christmas Day, Decenber 2S; falls on Sunday the following day shall be a holiday, and provided, when New Year's Day► January l; or Irr]epen8enoe Day. July -9- �1� 4= or Veteran's D�ny, t�o�venber 11f or Qirist�ias Day• December 2Ss falls on Saturday, the P��9 day shat2 be a holiday. 15.2 In ac3ciitio� to the holidays listed above, enployees covered by this oontract sha11 be entitled to two additional holidays desic,g�ated by the City Council or the Department Bead, for a total of eleven (11) holidays per y�ear. 11�IQB =VI &IaC �VB I6,1 Any eaployee wiw is �ahle to rork because of sickness or injury may ob�tain a leave of absence upon notiae to the City. Written verification of his condition by a competent medical authotit� may be required. Where the o�r�dition of the Fh�loyee is su� �ti�at he is unable to act for hin�elf, the Union may apply for su� leave of absence in his behal f. Failure to notify the City subjects the Employee to appropriate discipline by the City. 16.2 Each enplayee of the City Who has worked regularly for the City for a period not less than twelve (12) suooessive months is entitled to sick • leave away fram enployment with pay. Sick leave pay shall be computed at the regular rate of pay to which euch Employee is entitled. An Dnplayee who has arorked a minim�n of tWelv+e (12) months is entitled to orie (1) day (11.3 hrs. ) sick leave for each month aorked, annulative to one h�dred t-wenty (120) days of sick leave. After one hundred twenty add�tional vacation shall�be granted to an playee foraeveiy three i�3) . sick leave days earned and �mused. TY�e enployee' may elect► after ninety � (90) �r�a �a ta�used c3ays of sick leave have accumulated, to teceive ore (1) day ac�ditional vacation for every three (3) sick Ieave days earned and unused. Sick leave days shall not accumulate beyond one h�dred twenty (120). Before any sick leave oompensation is paid, the City may request and fs entitled to receive from any employee who has been absent more than three (3) days in suooession, a oertificate sicy�ed by a oort�etert physician ot ather medical attendant certifying to the fact that the alasence was in f�ct due to sickness and not otherwise. �e City also reserves the right to have an exaQnination made at any time of any person claiming absence by reason of sicic�ess; such examination may be ma3e When the City dee�LS the same reasonably necessarY to verify the sickness claimed, and may be made in behalf of the City by any orn�etent person c3esicg�ated by ti�e City. 11�IQ,B MI II� QI � 17.1 Rny full time City enplcYee who i►as been enPl°Ye� b�' ti�e City at least six (6) �mr►ths, injurea on his regular job, shall be entitled to full pay up to a period of nir�ety (90) days while i�e is absent fram Work by teason of euei� injury ar�d his acerued sick leave Will not be charged u¢�til afte= a�d beguu�ing �,aith the ninety-first t91st) day of absence fran w�ork by reason of sucii injury; pzovided, tawe'�er. �e aonamt of any oompensation shall be reduaed by any payment received by the injured e�loyee fran wurker's oompensation insurence• M employee who claims an atasence fram work due to an injury sustained on his regular job is -10-• subject to an exaoninat3on to be made in behalf of the City by a person aocrg�ete�t to perform the s�avne and as is desic�atea by the City. �L�.u�.__ .._� _��: �•. :i ;:; i�i� 18.1 All newly hirea or rehired anployees Will serve a sis (6) month pcobationary period. ,.. � : �� f• lg�l In case o�f c3eath occiuring i,rt the 3mrediate faonily of an enployee, such an employee may be excused from work for up to three days with additional time off granted by the City Manager if additional time is needed. TY�is time off shall not subject the employee to loss of pay. For this purpose, menbers of the imrecliate family of the employee are oonsidered to be the follawingt spouse, child (natural or adopted), parent, grandp�arent, brother, sister, mother-in-law or father-irt-law. 11RTIQE DC JQS Pl�Y 20.1 It shall be �a�derstooa and agreed that the City shall pay all regular full time enplayees &erving on any jury the differ�ce in salary between ]�Y P�Y anci his reqular salary or paY while in sud� servioe. . :�Y 1 •.� 1_,IIi�; • '. � �-� ~ 22.1 Tl�e City sha21 provide a uniform clothing allowanoe for Fire Fighters of S242 per year for the year 1982 and 5263 in 1983, said allowance to be paid in cash in January of each year. ' :�� •.� :�� .: � • y��. +:� � � a;, 22.1 Z�e F]�i� will contsibute up to a maximtiun of S105.00 per month per anployee tvwards health, life at�d lo�g tern� clisability insurance dur ing the year 1982 and 5115 per aanth during the year 2983. �'� • - •� t ►:. �' ?3.1 Firef ic�ters First six moci�s l�fter six months Af ter 1 ],/2 ye�rs P►fter 2 I,/2 years l�fter 3 �/2 years 23.2 Fire Captain 1982 S1,632.47 per month 51,681.44 pez �ti� 52,806.69 per m�nth 51,902.91 per m�nth 52.003.27 per month 52,131.76 per month -11- 1983 52.730.42 per nanth 51�782.33 per month �1,917.21 per no�nth $2,017.08 per month $2,223.47 per mcnth 52.259.67 per month 9N op �•. . - .. �� . � �:.: , � 24.1 Incentive pay Mrill be paid over and above the standard base rate or going rate for Dr�loyees hired pcior to January 1, 1974 �coording to the following schedule, provided enployees have made denonstratable progress tawatds inproving their proficiency for their particular job title or job assic�anent. After 5 years of servioe After 10 years o� serviae After 15 years of service •. • : . •� :r� .• .� ►. 1962 i 1963 S24 S48 S72 25.1 For Firef ighters hired after January 1, 1974 the City will pay for education credits earned at an accredited institution of hi�er learning at the rate of 5.40 per quarter credit starting with the ninety-f irst (91st) quarter credit up to a maxim�an of one hundrea eighty (180) credits or a maxim�n of S36.00 per month. �11 courses taken must be approved by the Fhq�loyer. No Firefic�ter hired after January l, 1974 will be eligible foz peyments �der 1+RTICLE �N• No Firef ighter will ciraw both additional incentive pay under ARTICLE XXIV, and pay for education credit. i�mplayees will not be eligible for education credits during their six (6) m4nth probationary period. A determination of the nianber of credits an enployee is eligible for will be made on Deoanl�er 1 of the previous year. Credits earned duzing the year Will not be o�unted �til the suooeeding year. �e City will not pay tuition for o�urses that the II�loyee will later be paid for as noted above. •� � • �� • s �- 26.1 For all enployees hired prioz.to January 1, 1978. the 6everence pay policy shall be as follvws: Any F�nployee with forty-eight (48) or more consecutive months of enpl t will reoeive severar�ce pay in cash based on one-and-one-half (1 1 2/�days for each twelve (12) o�nsecutive m�nths Worked, but not to exoeed thirty (30) days of the smne. Z6.2 For all enployees hired after January l, 1978, the severence pay policy shall be as follcws: r,n employee with forty-eight (48) or more consecutive months of enployr,�er►t will receive severarice pay in cash ba-sed on �e and one-hal f (1 l,/2) days of severanoe pay for each twelve o�nsecutive unnths worked. �e mnaa�t of severanoe pay due an enPloYee sha11 not exceed one-third (1/3) of their �used sick leave. -12- . ]1i�IQE D�VII 1i�iV�t 27,1 Any ar�d all prior agreen�nts• resolutions, practices, policies, rules and =egulations regarding terms and conditions of enployment, to the extent ino�nsistent vith the p�ovisions of this AGREII�IENT� ue hereby supersedcd. Z7.2 '�e parties mutually ecknowledge that during the negotiations which sesulted in this AC�'.D�Tr► each had the ia�limited right arxi opportunity t,c make de+oanas and p'roposals with respect to any term or condition of anployment not renoved by law from bargaining. All agreements and ta�derstandings arrivec7 at by the parties are set forth in �writing�e this AGREDdEN'r for the stipulated duration of ttiis AGREF�lENT. H�Lpygt and the t)NION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding ar►y and all terms and conditions of enple�m�ent referzed to or oavered in this AC�IENT or with respect to any term or oendition of enplaymient not specifically referred to or oovered by this ACRED�NT• even though such tern�s or oondition� may not have been within the knowledge or o�ntenplation of either or both of the parties at the t.ime this a�ntract Was r�egotiated or executed. ARTIQE �TIII �TIQI '�is A� sh2►11 be effective as of January 1, 1982, except ns herein noted, and shall renain in full foroe arxi effect �til the thirty-first day of Deoember, 1983, exoept that wages for 1983 shall be negotiated at a later date. In wit�ess wi�ereof. the parties hereto have executed this AGREFa4ENT on this day of _ . 1983. M • " - ' 1� a !�R'R — iiII�SA!! J. l�E M r. , �.y. � • �•;. :� �' �:I" 1'l�}•� ' • ' ti�M • •" �I• i' r: ►�•.. � r • B• (� 8. ��t9CiQ /'�J�C�r s�s�' O� � " -- �' �IIS !!. OP�! -13- . . i�teb1► t�O�p� LO �1e C,�tj► COl�1C�i a�[O'V3i o� this sgreenP�t. :�� ; � �• �w �- �: ��• �;.. �:� �./ �'� � / �' �: �.��J �� .�� .�1 '! / 5/0/8/29 -14- . � �� e�TV o� FRI L Y SUBJECT OIFiECTORATE OF PUBLiC WORKS Request for division of taxes at 6570 �ridley Street N.E. 10 MEMO R A N D UM �83-03 The resident of the above property owns four lots each 40' wide. His house is presently situated on two of those lots leaving the other two lots vacant. At present, all four lots are on one tax statement for tax purposes. The owner now wishes to sell the two vacant lots for a building site. The site meets all zoning and related subdivision requirements. However, recent State legislation requires a City Council Resolution waiving any restriction on the division of taxes. Y In some cases, it may not be in the best interest of the City to waive the restriction. However, this is clearly a case where it would not have an adverse effect on future land patterns. I have attached a map showing the . property. BD/mc Attachment - �sas.�rioH xo. � — t9a3 RESOLOTIOIi YAI9IITG THE RB3TRICTIO�S Op THE DIOI3I0N OF TAZES FOR THE PaOPERTY LOCATED AT 657� FRIDLBT STR88T N.E. LBGALLY DBSCRIBED A3 LOT3 �i, 5, 6�1�D 7, HLOCE 5. OAB GR09E ADDITIOp Wi�EREAS, the City of Fridley has aubdivision regulations requiring City Council approval before there is a division of taxes on lands currently less than a xhole parcel of land as charged in the tax liats; and i1H�REAS, the neW parcels of land created by the division of taxes aeet all the zoning and related subdivision ordinance provisions of t%e City; and WHEREAS� the lots are contained in a plat previously approved by the city; and WHEREAS, the aounty auditor may not transfer or divide the land and its assessed valuation and certify the instrument ualess the instrument contains a certification by the City Clerk that the City Council has Waived the restrictions on the division of taxes by resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council oP the City of Fridley that the division of taxes of the property located at 6570 Fridley Street N.E. legally described as Lots 4, 5, 6, and 7, Block 5� Oak Grove Addition are hereby waived creating tWO parcels of land as charged in the tax lists. Those parcela are legally described as: 1) Lots u and 5, Block 5, Oak Grove Addition and 2) Lots 6 and 7, Block 5, Oak Grove Additioa. PASSED AND ADOPTID BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , t983• iiILLIAM J. NEE - MAYOR ATTEST: 3IDNEY C. INMAN - CITY CLERR 2/2/17/12 10 A �� 10 CERTIFICAT URVEY , . . �:: � � � �� ;� :� � - __� .w .� - �•.Y ( i �i � . �t� a ..w . . .. �n.00 rw� . � � 1 ` :., •-. . so .._ - + � 4 � � � ' � .,,,w'' � ---� ; -- -- -- � --- - ;,-- � I $ ,�' ,� Y � � 5 ,� � .:°�:: � � � 1 I'_ •.; :` � — � ' Ii1 �3 �ret _ _ �29 :`.^ t �er � � I �' , i . :'•. i • � 8 �'� 1�':AL L+�S^FI"^'I��: , Lo:s � tr 5 of Alo:k g, (U�R C.�'m' A'^!'*i�•' to �idley, accordinc tc tAe p2at ort ff2r a�' of record ir. the otfice of tr.e Countv Pecorder, Anoka Co�nty, Minnrsota. � � � m � � • YO r 6� � I �II� ' � scoie � ��cn = Pb 'eer pi�n►otion of tMs O�orinq qH�m ia otiun��d a�.na« �ron �„n�e�r. u� sw To.�•a sr w,nn�.me qM,.►.erpn n,rna� �2o+D • �a.s Noe �nw�.�k ►a�a RLG�E57EL B� A L H/ RSCH ��.�b� «,�,ti ,�t m,� w.,��. o�,�. a K�.T �C�� M. J. W E BER, INC. wif prepired Dv mt Or undt� my dvlCt wOe�v� � �AMO SI:AVEIORS s�o� snd tnat 1 �m s duly Reg�ste�e0 LuW Su• 1-�00-362-li6� �+�•�r, M�nn�so�o 3: po� u tne taws o�e of M�nnesots O��E �Nl 2r. I!d! sur..r �e+� �� s er �roc� �. 0+1R il10vE W.�.� weer� / / -- o�w� e• D r �DOn►On a sniNr. �we Corw►r ,S"j Z`�! 6'3 •-c :,—cc e• �.v �w ,�0.3 a�. -_ s��,� +oe ro B3U2 S�re► I o� 7 � � ; I � , � 0 tt�a c�T� o� Fq� L Y SUBJEC7 DIRECTORATE OF PUBLiC WORKS June 16,.1983 Bill Deblon, ACP Lot Split for Margaret Seger (1586 Osborne Road) 11 MEMOR A N DUM . �83-04 Attached is a resolution officially approving the above lot split. We have received the necessary surveyor's certificate thus fulfilling the City's subdivision requirement (s�ee attachment). We are also in receipt of required easements and park fees. 60/mc Attachment C a � RBSOLUTION p0. _.- 1983 RESOLIITION APPaOVI�G A SOBDIVISIOH� LOT SPLIT, L.S. �83-Ot, AT T� CORNBR OF OSBORNE ROAD AND LAI�ESIDB ROAD !1. E. iiHEREAS, the City oP Fridley approved a lot aplit at the June 6, 1983 aeeting, and iiHEREAS, such approval Was to split oPf the South 104.0 feet of Lot 1� Block 2, Spring Lake Park Lakeside, and • WHEREAS, auch approval vill al1oW the eonstruction of a one family d�►elling on the ne�r site. � NOW� THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the City Couneil directs the County of Anoka to record this Lot Split rrithin six months of this approval or else auch approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1983• WII.LIAM J. NEE - MAYOR ATTEST: SIDNEY C. DVMAN - CITY CLERK 2/2/17/13 11 A e CERTIFICATE OF SURVEY 11 B KURTH SURVEYING, INC. �? JEfiE11lOM tT. M.E. ��1� �ttNyu ME�GMT� iM?t , � 1�� Tw �M�� f�r ��. �R�M. M OKr �Y lO��O K M M V�A Y� M�C� �1�Yy1�1 �1� �N�f 1 Yr ��L� � LAM� M�R�M 11�� 4w M Nt R�7t M Y�Of� pATE S`�"u `.� 1q 83 fCALE 1'� �SO MINNE 11EGISTIlATION NO. S�13t •��RON MONUMENT 1�lv��i : 3 LO }. . s Tu�� SpR� K4� lAKts p'�K U�K L 3� O�E' ~ A 1i. . t P4►� ��'�� 1.0�1a� R� �STAT�'s3 � 3v `�4� ' , � � 5��. A �,T� � p Q �� T '��°L•T 'T ` e `' � �; $.?� c.3LoL ��'�� • � ��S.Z3s2�q,�, ?� ' -� �1 C; � �. � � ��ME�,,�. `: � ; , __ o � � `�w'+� � � � � � ►P . � \ '�'AY �n ` � l \` ' \� :F�sF � ` � _ �n ' � '� � , LLm �► � � ` . � � t�- o • � �+ � �.5 — � 1�,'ta0°� � :`� � �� 1 M _ � � , Q. � � O '� � 1 i-S-c� �`� r • l� 8(o N �.y � � • - � .I� � 1�A ` ��s�1.L 01��1,� . , � • s- � N� :- a- :' �4�ri '' � _ �_ i`0 . � ':PS• yTlt� Y EPSE• � — — _ QQ " �. 2`� L� uatMC� fo�ts� d� �\ ,.c i 0 J, � i�• r.r. �J . M�.� � • .mn ' '� �Q � ►°,��a � ° ✓ �� a� �n v o - .- �= i� o � � . . � �o � o � . �� S �•�• � , i � �..s y� ' q9.g't -- J o..o. L�00 S LPL . 49•�'l�•�� . � � x bb•sq �ss••w 33 � :: •-c' t` J �. �. . 0 a . � N,a•� �c'i.� a�k 104.o s►e�� e� l.e� 1 �� b�K 'Z, 1 `SQiZ \KC-� l.A1Gts I ?p.RK �.Ax�:S�DL . �I �) ('� I •~$•• : LO{' 1 ��1 sek Z � 1�(ZIKC.� LD.KL Po.Qrc �Aa�c� s ►�� , e�ccaP� �ke 3o�+k41 \C4•C �e�� -s�t.reo � . 'dK Zy -PC� 57 � POBLIC YOR1tS DEPARTMENT Engineering Division CIT7 OF FRIDLEY Fridley, Ninaesota Nay 2. 1983 Monette Cor�tructioa� Inc. 2050 Mbit� Bear Avenue St. Paul� !Oi 55109 3uD��et: Cbange Order No. 2� Fridley Ceater City Plaza Pro�ect Gentlemea: 7ou are hereby ordered, authorized and instructed to �odify your contract for the Fridley Ceater City Plaza Pro�ect Dy modifying tbe following: aDDI?ZONS �m � Quantitv U i� t Price �Y� 1. Add 2" Styrofoam Planter In�ulation 0 3,at6 sQ. Ft. = 0.82 sQ. Fc. � 2.eoo.00 TOR'llL ADDITION = 2.800.00 ORIGINAL CONTRACT PRICE i371�698.00 CHANGE ORDER I1 =-3��650.00 - - - -! '�4.650.OD (DEDOCTION) REYISED CONTRACT AI'IODNT = i337�o48.00 CHANGE ORDER /2 = 2�800.00 - - - -s 2.600.�� (ADDITION) REVISED CONTRACT AI�lOONT _ =339.848.00 �A Letter to : Monette Con�truction� Inc. Cbange Order No. 2� Fridley Center Cit� Plaza Pro�ect Page 2 Nay 2� 1983 SuDmitted aad approved by Jobn C. llora, PuDlic Yorks Director on tbe 2nd day of May, 1983• Propar�d �► _ ` � Checked Dy �!�i�� John G. Flora� P.E. PuDlic ilorks Director . - - - - - - - - - - - - - - - - - - - - - - - Approved and accepted this �� day of � �L , 1983 by Monette Construction, Inc. MONiTTE CONSTRUCTION CO.. INC. '/IP.O gy Title - - - - - - - - - - - - - - - - - - - - - - Approved and accepted tDia Eay of , 1g83 by the City Council of Fridley� Minnesota. William J. Iiee Mayor Nasim !!. Qureshi . City Hanager fOR CONCURRENCE BY THE CITY COUNCII � 13 Eugene A. Hickdc & Associates, L�c. 545 Indian Mour�d . ' Wayzata, Minr�esota 55391 Professional Servies - May, 1983 Moore Lake Restoration Project Phase I S1,437.82 Professional Services - May, 1983 Moore Lake Restoration Project Phase II $3,320.69 ' $4,758.51 Halv�orson Construction Go. . 4229 - 165th Avenue Wyoming, Minnesota 55092 � Misc. Concrete C�irb & Gutter & Sidewalk 53,900.00 � 0 0 0 FAR CONCURRENCE BY 7HE CITY COUNCI� — June 20. 1933 Type of License: By_ Auctioneer Michael Servetus Marjorie S. Carter Unitarian Society 980 - 67th Ave.N.E. Fridtey, Mn. 55432 ' Food Vehicle Rainbow Wagon Lori Christenson 6750 P1ain St.N.E. Fridley, Mn. 55432 Itinerant Food Permit � Michael Servetus Marjorie S. Carter Unitarian Society � 980 - 67th Ave.N.E. � Fridley, f4n. 55432 Vending �•lachine Anderson Trucking Serv. Sunrise Vending 7600 Central Ave.N.E. Fridley, Mn. 55432 First Impressions Leeland C�oaker 7962 University Ave.ty.E. Fridley, P1n. 55432 Form Products Sunrise Vending 7521 Commerce Lane Fridley, Mn. 55432 Fridley t,laytag Laund. D. Pearson 8150 E. River Rd. Fridley, Mn. 55432 Woodcrest Baptist Academy Clarke S.Poorman 6875 University Ave.N.E. Fridley, Mn. 55432 . Approved By• 14 LICE�SES �- Fees: James P. Hill •�' Request Fees Public Safety Directbr Waivered Steven J. Olson Health Inspector ' Steven J. Olson Health Inspector Steven J. Olson Health Inspector Steven J. Olson Health Inspector Steven J. Olson Health Inspector Steven J. Olson Health Inspector Steven J. Olson Health Inspector � $50.00 Request Fees l•Jaivered 550.00 $25.00 �25.00 �25.00 Exempt 14 A /fj , . � F.OR CONCURRENCE �Y THE CITY COUNCIL - LICENSES JUt7E 20, 1383. GAS SERVI(ES Peterson-Pinney �1917 - 2nd Avenue South 1lnaka, 1rIIJ 55303 GiSIERAL CONTRI,CZ�DR Aladdin Pools Inc. 3901 Central Avenue N.E. Miru�espolis, M�l 55421 Bruce Brawn Masanzy 1720 - 146th Iane N.E. Anoka, MW 55303 Gilbertson Construction 7704 Riverdale Drive Brooklyn Park, t�4�1 55444 Midwest Fence & Mfq. Co. 525 Villaume Avenue East So. St. Paul, 1+Rd 55075 By : Laur en Zlirnqui s t By: S.E. �ayer By: Sxuce Brown By: Steve Gilbertson By: Thanas Corrigan Tekt�n, Inc. 9516 Zyler Stseet N.E. Blaine, NW 55434 Sy: John Hitchcock HEATING . Four Seasons Air Specialis ts 4739 Division Avenue White Bear Lake, l�l 55110 By: Kenneth J. Koetz J 6 J Heatinq & Sheet Metal, Inc. RR N3 , Baoc 590 Cambridge, 1�1 55008 By: Jerry Lindell Peterson-Pinney 1917 - 2nd Avenue South � Anoka, NIIJ 55303 By: Lauren Ttirnquist MASONRY Carlson-Peterson, Inc. 7557 North Imperial Drive Brooklyn Park, 2�IlJ 55443 By: Rpger Carlson 0 0 APPROVED BY NILLIAM SANDIN Plbq.-Htg. Insp. nARRFS, CIARK Chief BLdg. Ofc. DJ�RREL CIARK Chief Bldg. Ofc. DARREL CLARK Chief Bldq. Ofc. DARREL CIARK Chief Bldq. Ofc. DARREL CLARK Chief Bldg. Ofc. WILLIAM SANDIN Plbq.-Htg. Insp. WILLIAM SANDIN Plbg.-Htq. Insp. WILLIAM SANDIN Plbg.-Htg. Insp. DARR�L CLARK Chief Bldg. Ofc. FOR CONCURRENCE BY THE CITY COUNCIL - C LP.Ii�S � c�.ir, r:�N'�EFS 154FC'1 - 16�ZCE 15