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03/18/1985 - 5170GE 2 1; 1 : �► ► CONSIDERATION OF CITY COUNCIL APPOINTMENTS TO HUMAN RESOURCES COMMISSION (Tas�EO 314/85) . . . . . . . . . . . . 2 ► . :. ► CONS{DERATION OF FIRST READiNG OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMENDING CHAPTER 11. ENTITLED "GENERAL PROVISIONS AND FEES" SECTION 11.10. FEES (VENDING FEES) . . . . . . . . . . . . . 3-3A CONSIDERATION OF FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMENDING CHAPTER 12b. ENTITLED "HOUSES OF PROSTITUTION; PUBLIC NUISANCE". SECTION 126.03 AND ADDING SECT I ON 126 .01 . . . . . . . . . . . . . . . . . . . . . . . 4-4A RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING OF �ANUARY 21, 1985 . . . . . . . . . . . . . . . . . . . . 5-5D RECEIVING THE MINUTES OF CATV ADVISORY COMMISSION MEETING OF FEBRUARY 21, 1985 . . . . . . . . . . . . . . . . . . . . 6-6D 0 PAGE 3 ► . � 1► ► •► ► � CONSIDERATION OF A RESOLUTION APPROVING A SUBDIVISION.� LOT SPLIT, L.S. �85-01 IN AUDITOR'S SUBDIVISION TO ELIMINATE A VARIANCE. 5809 AR7HUR. BY .1. WIENS AND G. BACKLUND . . . . . . . . . . . . . . . . . . . . . . . . 7-7A RECEIVING THE MINUTES OF THE PLANNING COMMISSION OF FEBRUARY 27, 1985 . . . . . . . . . . . . . . . . . . . . 8-8X A. CONSIDERATION OF VACATION RE�UEST. SAV #85-01. TO VACATE 10 FT. UTILITY AND DRAINAGE EASEMENT. FOR PLACEMENT OF A DWELLING. 115 SATELLITE LANE.NE G 8 G BU I LDERS BY GARY WELLNER . . . . . . . . . . . . 8 PLANNING COMMISSION RE,�OMMENDATION; APPROVAL 8 SG COUNCIL ACTION NEEDED; CONSIDERATION OF RECOMMENDATION B. CONSIDERATION OF LOT SPLIT. L.S. �85-02. FOR PARKING AND BU{LD1NG EXPANSION OF SHOREWOOD {NN. 6161 H��HwAY 65 NE. BY ST. ANTHONY VILLAGE SNOPP I NG CENTER . . . . . . . . . . . . . . . . Pt�ANNfNG COMMISSION RE.�OMMENDATION; APPROVAL WITH STIPULATIONS COUNCIL ACTION NEEDED: CONSIDERATION OF RECOMMENDATION .� . . :. . COUNCIL MEETING. MARCH 18, 1985 NEV�I BUS ( NESS ( CONT I NUED ) C. CONSIDERATION OF LOT SPLIT RE�UEST. L.S. �85-04, TO BE USED FOR SINGLE FAMILY RESIDENCES. 1040-1050-1060 - 67TH AVENUE NE. BY J. A. MENKVELD bi�SSOC.. INC . . . . . . . . . . . . . . . . . . . PLANNING COMMISSION RECOMMENDATION: APPROVAL WITH STIPULATIONS COUNCIL ACTI�N NEEDED: CONSIDERATION OF RECOMMENOATION . . 8C $8N-8P D. ITEM FROM THE APPEALS COMMISSION MEETING OF FEBRUARY 12, 1985 CONSIDERATION OF A VARIANCE TO REDUCE THE REQUIRED YARD SETBACK. FOR BUILDING CONSTRUCTION 5201 EAST R�vER RoAO, BY SAM MARFIELD ........8� APPEALS COMMISSION RECO ENDATION; APPROVAL 8SQ-SW COUNCIL ACTION NEEDED; APPROVAL OF RECONWIENDAT I ON E. CONSIDERATION OF AN ORDINANCE PERTAINING TO THE VACATlON OF A DRAINAGE 8 UTILITY EASEMENT G 8 G BU I LDERS . . . . . . . . . . . . . . . . . . . 8X PAGE 4 CONSIDERATION OF A RESOLUTION AUTHORIZING S16NING AN AGREEMENT FOR CERTAIN EMPLOYEES REPRESENTED BY LocA� No. 49, AFL-CIO (PUBLIC WORKS) FoR 1984-1986 ......9-9T 0 COUNCIL MEETING. MARCH 18. 1985 NEW BUSINESS(CONTINUED) PAGE 5 CONSIDERATION OF A RESOLUTION AUTHORIZtNG SIGNING AN AGREEMENT FOR CERTAIN EMPLOYEES OF CITY OF FRIDLEY FIRE DEPARTMENT FOR 1984-1986 . . . . . . . . . . . . . . . 10-10P CONSIDERATION OF A RESOLUTION IN OPPOSITION TO A BILL ALLOWING THE SALE OF WINE OR OTHER STRONG ALCOHOLIC BEVERAGES IN GROCERY OR CONVENIENCE STORES .... 11-11H CONSIDERATION OF A RESOLUTION PROVIDING PRELININARY APPROVAL OF ISSUANCE OF TAX INCREMENT REVENUE REFUNDING BONDS OF 1984 oF HRA 8 AUTHORIZING ACTIONS OF STAFF 8 NEGOTIATING OF BOND PURCHASE AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . 12-12A CONSIDERATION OF A RESOLUTION ORDERING PRELIMINARY PLANS SPECIFIC�ATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PROJECT ST 19HS-1 (ADOENDUM #1) . . . . . .13-13A .._ _ .n �nnr I.DUNC I L�1tt I 1 n�. rwrc�n �v. __� �v� ► � �. 1�►�► Der_c � . .,..� CONSIDERATION OF A RESOLUTION RECEIVING THE PRELIMINARY REPORT AND RECEIVING A PETITION TO WAIVE A PUBLIC HEARING ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET IMPROVEMENT PROJECT 1985-1 ( ADDENDUM # 1) . . . . . . . . . . . . . . . . . . . . . . . .14-14F CONSIDERATION OF A RESOLUTION ORDERING PRELININARY PLANS. SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: WATER AND SAN I TARY SEWER PROJECT #� 150 . . . . . . . . . . . . . . . . .15-15A CON5,�DERATION OF A RESOLUTiON RECEIVING jHE PRELiM1NARY REPORT AND RECEIViNG A PETITION TO WAIVE A PUBLIC HEAFcING ON THE MATTER OF THE CONSTRUCTION OF CERTAlN IMPROVEMENTS: WATER AND SANITARY SEWER PROJECT �150 .....16-16B CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT. APPROVAL OF PLANS ANO ORDERING ADVERTISEMENT FOR BIDS: CONCRETE PAVEMENT JOINT & CRACK RESEALING PROJECT - 1985 ...17-17A 0 COUNCIL MEETING. MARCH 18. 1985 ► • :. ► Per,F 7 CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT. APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS. REMOVAL AND REPLACEMENT OF MISCELLANEOUS CONCRETE. CURB GUTTER AND S I DEWALK - 1985 . . . . . . . . . . . . . . . . . . 18 DISCUSSION ON THE WEED HARVESTING OF THE WEST BASIN OF MOORE LAKE . . . . . . . . . . . . . . . . . . . . . . . . . .19-19A C�A�M5 ............................20 L � CENS�S . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-21A EST I MATE S . . . . . . . . . . . . . . . . . . . . . . . . . . 22-22A . :� � •► �:I� �I��.UI4:ti • � �:r ;.:,r,I� : ; �!.+�+M�� • � ►:i: :�; ��, �' M44 •�, i� wi � • ;�s:,;�t ;. :� yie Regular meeting of the Fridley City Council was callecl Uo order at 7:35 p. m. by Mayor Nee. H�'�E OF' AId.BGIANCE - Mayor Nee led the Council and audienoe in the Pledge of Allegiance to the F1ag. I�LL CAI�I�: i�ENBERS PRESII�r: I�9ayor Nee, Co�ncilman C,00clspeed, C�ouncilman Fitzpatrick, �uncilman Schneider and Councilman Barnette 1�BERS ABS�iT: None APP'�NAL OF I�III�TiLS: CY'�]1�LL 1_�?�'?�. FH3RIIAF� 4. 19855: Nn►I'ION by CounciLaan Barnette to apprave the minutes of February 4, 1985 as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee cieclared the motion carried tmanimously. gpol�o�v oF A[',�nA: I�Iot�l by Councilman Fitzpatrick to adopt the agenda as submitted. Seoonded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried �s�animously. OPEN FOI�.�3rS��: Tliere was no resp�nse fram the audience under this item of business. 0[D BUSI� 1. �.l[�SIDERn'�'TON OF �ITY �IL APPOINII�� ZU Z4.iE fl[IMAN �Fax,�xc_ C�NIlrLS.SION 1� 2/4/ss� • MO►t'ION by Co�ncilman Schneider to table this item. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the matian carried �nanimously. Z� �Il��E 1�D R)9_ RFYY�TFY7A% '1_4i . FRTnT.F.Y CITY OODE BY ADOPTION OF A NEW Q�p� _76. �'1_1f�RM i�i�'ER DRFiINAGE iTrTT TTY� lrlr. Flora, P�lic Works Director, stated this ordinance established the means for a fee for storm water maintenanoe ancl repair. He stated charges are based rn a Residential �quivalent Factor acoording to the land use. Mr. Flora stated the fee w�ould be d�argecl to properties an a quarterly basis an�d inoorporated with the sew�er and water billing systea. -1- �,� L� M� „�Cat�M�,. � ' ��': :1 ; :i PDTIpN by Councilman Schneider to waive the �econd reacling of Ordinance No. 829 and adopt it on the �econd reading and order publicatian. Seoo�ec� by Coi.ncilman Gooaspeed. Opon a voioe v�ote, all aoting aye, Mayor IQee declared the motian casried imanimously. •� �. 1��:: y �.� ��` N� /: : : �.� ./4�: iY �a 1 , y �;�� 1 r:��4:: . /� �l� � =i v : v.« �� V� : �n� Mr. Qureshi, City Manager, stated he received a call fran Mr. Haggerty, who is the attorney for the petitioner, and he indicated he had another meeting to attend and would be at the Co�mcil meeting aro�d 8:30 p.m. Mdi�ION by Co�ncilman Barnette to table this item �til later in the meeting. Seconded by Co�cilman Schneider. Opon a voice vote, all voting aye, Mayor Nee declared the motion carried �animously. ��'- 1�1�.`�. �� 1� ; . y �;� ��' ''�N4y��. ; i: : �� ►� ; � , ;��: :�� ; 1 1� �:: �: :�� Y M/ "�'�� ;� �� :�I ��. Mr. Flora, Public Works Director, stated on January 25, 1985, the City reoeived infornation regarcling a closing on property in the Doty-Wellner plat. He stated it was found that the home extended over the utility easement on the property. He stated a request, therefore, has been received to vacate a porton of the existing easement. Mr. Flora stated the petitioner has requested the Council set a public hearing in order to expedite the process and allaw the closing on the property. He stated by schedulfng the public hearing on March 1 8, the Go�nci.l w�ould then be able to receive the Planning Comnissa►'s reca�a�er�daton regarding this vacatian. 1MpTIGb1 by Co�ncilman Goodspeed to set the public hearing on this vacation request, SAV #85-01, for 1Karch 18, 1985. 9eoonded by Cota�cilman Schneider. Dpon a wioe vote, all v�oting aye, Mayor Nee declared the motion carried unanimously. ��. �s I��:r1� : � �-� � � �� : � �: �� 1��' /: �•� : � � H� :I' N.1� /: � : � M �� /�!�. �� '��: � ��.�� v �� e ��.v v �.� r��.�'%�� -� Mr Flora, Public Works Director, stated a request for variances has been ` reoeived for a snall p�rtion of property located north of 53rd Avenue and adjacent to Target. He stated, in order to construct oa this parcel, varianoes are required. , Mr. Flora stated the petitia�er is requesting a reduction in the lot size frcm 35,000 square feet to 22,160 aquare feet; reduction of the rear yard setbadc fran 40 to 5 feet; reduction af the frant yard setback fram 80 to 65 feet; and an increa�e in the maxi�m sic� hei�t fraa 25 to 35 feet. -2- H II,,M� „i:ti:�M��. • �� ,; � :� Mr. Flora stated the hardship stated was the �nall size a� this property and the law elevation fram Central Avenue requires reduced eetbacks and increased pylan sign heic,�t. Mr. Flora stated the business t�o be located in this site is a Pickwick Book Store. He stated the Appeals Crnrm►ission recoanmended approval of the varianoes, with some dwnges in the rear yard and front yard setbacks, and stipalations regarding eoil retention and a landscape plan. Cbtncilman Fitzpatrick stated Land 0'Lakes, locatec3 on the south side of 53rd Avenue, has gone to a great deal of expense to prwide larx3scaping and meeting the setbacks and imnediately across the street, you have the gas changeable sign and it �eesns this would add another. He felt there was a f great contrast fran ane side of the street to the other. Cotncilman Schneider asked about the access to this property. Mr. Flora stated aooess would be off Target's �ervioe drive. G�o�ncilman Schneider felt there was a real hazard when you have to cross wer this service drive to get back on 53rd Avenue. Mr. Qureshi, City Manager, stated, in this case, you wouldn't be able to make a left turn because of the median and traffic would be forced to go right. Mr. Norman Brody, the petitioner, submitted a drawing of the proposed building. He stated it w�oul.d be soored block with a canvass canopy wer the winc3ows. He stated this is the typical building constructed by Pickwick. Mr. Qureshi stated all the structures in this development are brick and he would rather have a building that blends into the tatal development. Mr. Brody stated they wrwld work with the City staff an the exterior of the h►,;lding. Mr. Brody stated they have worked with the City and the awner of the property to the north regarding a landscaping plan. Mr. Qureshi asked what type of retaining structure would be used for b�anking on the east side. Mr. Brody stated they plan to use rail road ties for the retaining wall. MOTION by Co�mcilman C,00clspeed to grant the variances to reduce the lot size fran 35,000 square feet to 22,160 square feet; to reduce the required rear yard setback £rcm 40 to 10 feet; to reduce the reqcu red f ront yard setback fran 80 to 75 feet; and to increase the maximun sic�n height froan 25 feet to - 35 feet, !wt to be no higher than the ¢-Petroleum sic�, with the follawing stipulations: (1) the petitioner demonstrate to the City that soil retentirn has been mac3e to insure the safety of the property to the north; (2) the petitioner w�ork with the pro�perty a�rrier to the north and the City to de�velc� a landscaping plan, to include the location of the clumpeter, and to enhanoe the northerly �ection of the buil.c�ing; (3) the petitia�er work with the City to develop an exterior for the building that better f its in with the surroua�ciing development; and (4) the retaining structure to the east should be appraved by staff alang with additia3al landscaping. Seconded by -3- •I Ii�,M/ „�' :��/1� �.' �:: •,.�r. �� Cancilman Schneider. Opon a v�ice vote, all voting aye, Mayor Nee declared the aation carried'unanimously. �� - I��:ri� 1% •.� • :��.�� : � � � +� � .�� Ij: ��• �� +1�4� � `� 1��- �l' �l �: ;�. :�!:�� 1 � 1� 1 H:,,/; �: � Y: �,��I ; :�� v ; �i" v�" �MM�� ' Mr. Flora, Public Works Director, stated this is a request to reduce the required frant yard eetback fran 80 to 55 feet for property at 6250 Central Avenue. lrir. Flora stated the varianoe is requested in order to line up a proposed building with existing stuctures currently located along the service drive. Mr. Flora stated the Appeals Catma.ssion recomanended appraval of the variance ' request with the stipulations that both lots be oaabined into one tax paroel and the property an the east be lanclscaped and not be used for a parking lot. Mr. Flora stated staff felt it wou].d be appropriate at this time to allow tlze parcels to be separated �ntil such time as oaistruction begins on the secand parael to the west. Mr. Herrick, City Attorney, asked if there was public acoess for the second parcel to the west. He stated these two parcels would have to be joined because a building geimit voulc�'t be issued if there was not acoess. Mr. Qureshi, City Manager, stated if the Co�ncil appro�ves the variance, it should be noted in the minutes that the awner of the parcels understands that no builcling pern�it weul.d be issue�d for the paroel to the west. unless the paroels are ooaobined into one �o there is aooess from the servioe drive. Mr. Qureshi stated he also felt the outside exterior af any buildings should be oompatible with surrotaiding development. Councilman Schneider asked Mr. Bricker if he was in agreement with the stipulatirn that prior to the issuanoe of a building permit for property to the west that the two paroels would be oombined into ane paroel. Mr. Brickner stated he had no objectians and indicated they would eventually have to be oombined into a1e parcel. 1HpTIQId by Co�mcilman Schneider to concur with the recommendation of the Appeals Crnmissian arx3 grant the varianoe to reduoe the front yard setback fran the required 8tl feet to 55 feet for property at 6250 Central Avenue, with the follawing stipulations: (1) that no building permit would be issu�ed for the w�est parcel until such ti.me as both paroels are oanbined; (2) the property on the east be lanc3scapec] and not be used for a parking lot; and (3) the outside facing of the building should be campatible with surrounding development and approved by the City staff. Seconded by Councilman Fitzpatrick. Opon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� .lijl�+ �� :5� �.I�M�.�� . i�l' M��J/:r�I:A�� ;' 41'��,i�:�;�ti :�� •� Ii�.M� :+��i�� /� ; ��' :� ��-� Mr. Qureshi, City Manager, stated the Council has been discussing the impro�veaent � Mea2lavlanas Park. He stated funding for this improvement t�oW.d be through sale o� City vwned property on the east end of the gark, , M6i�S f�ds, and other available park f�ds. l�r. Qureshi stated the resolution before the Co�ncil authorizes a study and i�raveaent of Meadowlands Fark. O�t�cilman Barnette asked if additional lots are created and the streets extended, if there would be any assessinents against the present property awners. Mr. Qureshi stated there is no assesament propo�sed to the existing property a�ners, but aN.y to those properties who wauld potentia].ly benefit such as sFlitting their lots or possibly the church property. 1�TION by ��cilman Gooc3�peed to adopt Resolution No. 12-1985. Secanded by Couaicilman Barnette. Opon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. �FSOL•UTTON NO 13-1985 ORDERING IMPR�VE1�lENT ANI2. FINAL PLANS AND G�,?!`TL�T!`�TTl�K` s� Rarr�m_�a_a• �RE�T TMm� �sanTL(T t�n_ �r 1985 —_1 _& � . Co�ncilman Goodspeea stated he oaltacted persans � 5th Street who came to the last Comcil meeting or who wrote letters regarding this improvement. Ae statecl he basically found most persons felt they could live with the i.mpraveaent, if the assessment was reat�cec7 fran $15.00 to $10.00 a foot an8 that there be no sidewalks. Ae stated a question that was repeatedly asked was what was being done to re-route traffic to other streets, rather than 5th Street. Mr. Qureshi, City Manager, stated there is a plan to provide additional lanes at the intersection of I�lississippi Street and Oniversity Avenue. He also stated they are working to improve the signalization at this intersection. He stated it is hoped to direct as much traffic as possible to this main intersectian. I�I�IO[�] by Cou�cilman C�,00cispeed to adopt Resolutial No. 13-1985. Seoonded by Councilroan Fitzpatrick. Opon a voice vote, all voting aye, Mayor Nee decl.ared the motion carried unan�ously. Mr. Qurea�hi statea it is his understanding that in the final assessanent heari.ng, the oost to the property awners for this improvement should be arand $10.00 a foot rather than $15.00 because of crec7it being given for tbe existing asphalt curing. 9. RFSnt iITTOI� I'w^ 7 4 7�85 OR�ERTIw I1�ROL'F.�Mt�NT A� 1�.pPRL7VAT OF PL�NG�_ gnn�aDr�,; �►.Ymtir�re� tanv nmc. �� -- PA(]TSC'�'_ I�D. ST 1985 —_1 r�-- �t�._.� - ---- --- — �Z.i. l�I�ICN kyy (bincilman Barnette to aciopt Resolution No. 14-1985. Seconded by �Lncilman Schneider. Upan a voice vote, aZ]. voiing aye. I�layor Nee declarecl � •� U�,M� „i: :yy1� • : �� :� the motian carried �nanimously. 1 ;�:ti.�a . ��% �:� � � :L ��.�. � �Y1�. �:I' v�l� �I ��Y: �.' : :�Mv = �i �� y: ; � y� �1� . � � �� :.4 ; � : �� l� : �:i' M�14 �.:' ;�� 1� ' �� : �� _ . 1�� : �:I: 1J��/✓�:� 44 .1' � '!:�:�/ r- �; �l" Mr Flora, Pub�lic Works Director, stated the City has been attempting to im�rwe the �ervioe drive on the w�est side of Oniversity Avenue, north of 81st Avenue. He stated Hazard Elimination Funds are available through the state ar�ci this resolution requests the Department of Transportation to utilize these f�ds for amgletian o�f the loopback o� 81st Avenue. I�171'IO[d by Co�ncilman Fitzpatrick to adopt Resolution No. 15-1985. Seconded by Co�ncilman Schneider. Opon a voice vote, all voting aye, Mayor Nee declared the motian carried �u�animous].y. ;' .� •� �,� • ' .uiw:•: ,. �: ►�1/' ,�'v . •' , '�: �vl�;��l�vl�� : �11 M: ; �i� � � � � � y: 1�� :1, : : �� `y v:�.� : : � � : +/' •:��y; : : /��. 1' ��14�:��s.�M � � Mr. Qureshi, City Manager, stated since this item was discussed, Mr. Johnson, owner o� vacant lar�d in this are+a, has petitioned for a rezoning. He stated this woulch't, hawe�ver, affect the general road pattern or the major impravements at this intersectian. �imcilman Barnette asked if eventually there would be a public hearing on the plans for impraveaent of the intersectian. Mr. Qureshi stated notices would be sent to residents in the area regarding Mr. Johnson's rezoning request. He felt, at this time, the plans for improvement of the inter�eatian w�ould also be discuss�ed. MO�I`ION by Coincilman Sc�u�eider to adopt Resolution' No. 16-1985. Seconded by doua�cilman Barnette. Opan a voioe vote, all voting aye, Mayor Nee declared the m�tion carried unanimously. ; .� �� .� :" ,. 4� 4:' ':�• :�� ;��' �� •� V \� � � \ � w • V ,� � � � � ;,� �' � a V \ �+ \ i� \ \t�. � � 1� � � :!• �Y �;� •' y:1' „�.� . M �;, !-' �:�' ,��► �+� � : ,r. ��+ �; � �. ; � Cl�'i �i " 1�.M��:r„1:rl�r � �iM: �4� � r� y:�l� `C :�3� �� : �� . : �� ; s�.:�/r� • ;�� ; ��..� : �+M �, , � �►� ; �:i �4M � ; � i� ; i+. � ; �� • . M M�. y��. ti:l' : �;� J, � 1, �,' y: ' ��ir�;; �,: , M �;� y: 1,,«: �'Y�� :.� �n • ' �:I' ��.,1: M4 • -- A .•- -• - :' .•• • -• _ -:• r - - ��-- . • • a• -_ . - • _ . •• • _ -• ' ' ' • � • ' 11 ' r . = I • • � It • ' � I t :. • - • ' ' • � • ' • • " • ' ' • ' � • �• •_ ' '• •• •� ' ' 7• • •'•' .�' • • ♦�_ 1• ' - C• • � ' i • • ' ' ' ' • � • • • •�" . � • • I I � • ' _ • • ' ' • • ' I I ' • i - • •' • : �� •� II�.M� „C,CNY�� • ' J:r:,;.��: :a 1��1:!�� l�ION by oo�cilman Sctu�eider t,o ac3opt Resaluton No. 17-1985. 9econded by Cbuncilman Gooc]speed. Opon a voice vote, all v�oting aye, !lsryor Nee declared the motion carried ur�animously. ;�:r: �; .��y �;, �.� i+4: • ; ,. 4: y '�+ �� {U: '1�1= { l� M: : � �/ ��: ��t�� !�+4 Mr. 7nman, City Qerk, stated there is a problem regarding the length of time it takes in oo�ting ballots at the Oo�nty. He stated after reviewing a num�ber of potential alternatives for reducing the amount of time in votazting the ballats, it was felt it would be most effective to count the ballots at the City Hall. Mr. ?mnan stated this resolution directs and authorizing staff to begin reviewing the prooess with the Co�nty Auditor and evaluate the oosts. C7�cilman Fitzpetrick questioned why Fridley was getting invalved with the ather cities. Mr. Lrman stated the only invalvement with the other cities would possibly be throuc�i the joi.nt purchase of equipaer►t and supplies. 8e stated the City wanted to work with the Co�ty to help solve saae of these probleas. MO►i*IOl�1 by Cbuncilman Sc��neider to adopt Resolutian No. 18-1985. Seconded by Coincilman Barnette. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried u�animously. � ,• �,��+,� 4w :��a •��. _ I�TION by Cour�c].man Fitzpatrick to voncur with the fallawing appoint�nents by the City Manager: bia�ne Donald Carrigan Michele J�aikert F�bsitian Water Forenan Public Works Department Manageaent Informatia� Syst�s Assistant Starting Sa2ary $28,770 per year $ 1 r287.97 per month Starting D�ate Mar. 2, 1985 Feb. 4r 1985 Re aaes Merle Longerbone Bonnie MeMe�yere Seoonded by Coincilman Schneider, upon a voice vote, all voting aye, Mayor Nee declared declared the motirn carried t�animously. i� ; 1,,. I�1'ION by Councilman Schneider to authorize payment of Claims No. 1274 through 1478. Seooaxied by Councilman Barnette. Opon a voice vote, all 7- •�.�!�.M� Yl:r+::�%�.. •' :/:�:.;1�, �a' :�. voting aye, Mayor Nee ciecl.ared the motirn carried �aruma�etly. 16. L7.i'F�F.S.:. l�ION by Councilman Schneider to authorize payment of the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motiai carried u�animously. �yr��• w:,. I�D'I�IO[�I by Qo�ncilman Fitzgatrick to autliorize payment of the estimates as sutmittec�: Mo�nette Construction Co.� Inc. 2050 White Bear Av�ue St. Paul, IrN 55109 Fridley Garage & Storage Facility Partial Estimate No. 7 Layne Minnesota Campany 3147 California Street North Minneapolis, PiJ 55418 FII4AL Estimate Well and Punp No. 9 Hickok and Associates, Inc. 545 Inclian Motnd Wayzata, lrlinnesota 55391 Moore Lake l�estoratia� Project II Partial Estimate - Period F�ding January 31� 1985 8errick & Newman, P.A. 627 9 University Avenue N.E. Fridley, 1rN 55432 Services rendered for January, 1985 by City Attorn�y $ 3,250.00 $ 250.00 $ 4,214.94 $ 2,257.50 Seoo�nded by Councilman Gooc3speed, upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. B�S� A 15 minute reoess was called at 8:30 p.m. by Mayor Nee. BE.QQ�:. -8- •�.�1�!+� „�" :,�+Y�� ." �= = ; �': :: :� Mayor Nee reoo�nveried the meeting at 8:45 p.m. AI1 Council members were present. ��_�•. 1�1�;: M �,� �-� N� /:: : ��'� ��4�� % 41 . M �,�ti 1 rC��l�;: . /� �1 � �1 Yrt. Y �M 1�1" •• - • •ii : - - i - - . lrlr. Flora, Public Works Director, stated this is a request for variances at the Skyw�ood Mall an�d Motel property at 5201 Oentral Avenue N.E. He stated the varianoes involve a total o� four pylan si�s, an identification sign, a motel sic,g�, a mall si�, anc3 an entry sigz to the motel. Mr. Flora stated the original request presented to the Appeals Coimaission was for a varianoe to increase the total square footage of a pylon sign fram the maximua af 80 equare feet to 521 square feet; to increase the height of a pylon sic,� fram the maxi,mlm o�' 25 feet to 50 feet; and to increase the tctal equare footage o� an informatianal sic� from the maxim�n of 4 square feet to 38 equare ieet. Mr. Flora stated, at the Ap�xals Carmission meeting, there was considerable discussion regarding these variances and concessions were made by the c7eveloper to reduce the total signage. He stated Sign No. 1 was to be a maximun of 361 aquare feet and a maximun a� 50 feet high; Sic� No. 2 to be a maxinum of 48 sqnare feet, 8 feet high and lighted on one side only; Sign No. 3 was to be a maximua a� 60 square feet and 22-1/2 feet high; and Sign No. 4 was to be a ma�cinum af 16 equare feet and 10 feet hic�. He stated the Oonmission reooamended appra�val � the variances, with the above figures, and five stipulatians which he artlined. Mr. Mark flaggerty, attorney representing the petitioner, stated several residents fran the area were here an menbers of the Q�amber of Commerce to speak rn their behalf. Mr. John Gargaro, Chairman of the Board of Directors of the Chamber of Commerce read a letter which was addressed to Mayor Nee. This letter regarded the unanimous snpport of th Chamber of Coqmnerce for the sign varianves requested by the Skywood L�n for a 361 square foot pylrn sic�, 50 feet hic,�. He stateci it was their opinion that the new motel and restaurant is a major City-wide asset that would generate jobs, attract people fran outside the City, and provide lodging for lar4e ca�muerical users and residents and add an additional $250,000 tax revenue to the City's annual tag base. He stated the Skywood Inn isn't asking for anything greater than wi�at the City has granted in the past to other business in the immediate area. ge further stated there are aver 27 businesses within the shopping sall cavering approximately 225,000 square feet. Mr. Gargara stated he was informeci the Co�ncil �animously granted a 47 foot hic�ii sic,� for Viking C�evratet within the last year, an increase of 11 feet fram the fornner sicp. He state8, in oontrast, the Skywood Inn is requesting an increase of a pylan si� fram 42 feet to 50 feet and, in acidition, they have renoved approximately 5,000 square feet of signage on their building and �ill replace it with attractive u�-to-c3ate aesthetically pleasing sic,�,age which will cwer far fewer square feet � area. � •� Ii,.M� .�: �'f�M�,. • �I: ,; 1 ;•` :t !!r. Gargaro stated the Chamber of Cammerce is of the opinion that the Skywood Inn should be granted all of its requests based on the reoomr�dations a�f the P,ppeals Cam�ission and the City staff for the sign varianoe. Be stated they strongly and unanimously support this variance �equest. !!r. Haggerty stated in 1982, the Skywood Mall existed in sort of a dilapic3atecl ao�clitirn anc3 a group o� 10 local investors purchased it. ee stated they approac�hed the City staff to find out what the City wanted or w�uld like to eee for the exvess land. ee stated the City had been try ing for years to obtain a mo�tel and it was discovered they could obtain s�ne financing for such a project. He stated each of te investors signed a $7,000,000 note and anott�er $1,000,000 was raised to develop this facil ity. Mr. eaggerty stated the money they have interjected into this project is generating in excess of $250,000 of new ta�c revenue for the City. He stated he is personally invalved in the restaurant pi�ase o� this project with over a $200,000 invesi�nent. Mr. Baggerty stated their biggest oomplaint they receive is people cannot find then among the other businesses in the area. He stated if they coul d reduce the size of other �igns in the area, they wouldn't have a problem. He stated when the Skywood Inn was granted a Best Western franchise, they were told they had to have certain size signs and as much visability as possible. He stated they attenpted to have sic,page on the freeway and were informed there was a waiting list. He stated they do have one billboard sicp� rn the north end of Fridley. Mr. Haggerty stated they want to present a sign that is attractive and cleanup fihe mis-matched pylan signs in the front and give it an attractive appearance and still have the visability needed. Mr. Haggerty stated si.nae the natel and restaurant q�ened, they've hired 100 englayees with an annual payroll � wer $700,000. He stated more than any other business in the area, they need signage that is visible f rom the freeway. He stated they are looking to attract people outside the City, while most other business in the area attract local residents. Mr Haggerty stated proaably most important is the Council in 1983 granted a sic,� varianae for Viking Chevrolet which is a single business and competes with no other sic�ns in the immed.iate area. He stated Viking Chevrolet was allawecl a 47 foot si� fran the former height of 36 feet. He stated the reason this was granted was because Viking Q�evrolet was cleaning up the old dilapidated sic�. He stated the square footage was deceased, but the height was substantially increased. Mr. Haggerty stated, in comparison with Viking Chevrolet, they would be praviding a3ditiazal engloyment, ir�creas�ed real estate taxes for the City, and better exposure for the other businesses in the mall. Mr. Haggerty stated they faoe the possibility of losing a$7 to $8 million dallar iuxvestnient and Viking Cl�evrolet did not have that to lose. He asked the Coincil to oonsider their plight and possible damages to the persons who 10- •! II,,M� .'��'�y�� ." i�'= :.1�: :�' :±. tbey employ and oonsider their rieeds for the future investment in the City. !!r. Haggerty stated he hoped the Co�ncil reoonsiders the reoo�ations at the last meeting. He stated they needed the O�uncil's help to stay viable -�d revitalize the businesses in the mal.l. lyr. Haggerty stated they would be willing to reduce their request on the sic� height f ran 50-1/2 feet to 47 feet. G�ouncilman Gooc]speed state8 he wished to clarify a few points made regarding varianoes this CoLncil has granted in the past. He stated he w�ould 1 ike to reaind people that he clidn't vote for those variances, and looking up and down Hi�iway 65, he clidn't think he oould support then. He stated, eeveral facts were brought to light in the last few weeks, and he would oompletely agree there are scme rules that need to be bent and sane of the varianoes he oould go alang with. He stated he would approve of the varianoe for Sic,g�s No. 2, No. 3, No. 4, and would be willing to support a height a� 35 feet for Sic� No. 1. Coca�cilman Gooc3speed statec7 the uatel had a 36 foot high sign whieh is as high as the Menard sicp� and as big as the sign for Grotuid Ro�d. He stated this heic�t would be taller than the R�in City Federal sign. He stated whatever harc�hip is there, although in a large part he felt is was self- inflicted, he felt in good conscience this was as far as he could go to coaiprc�iee. ��ncilman Schneider asked the heic�t of the tallest sic,� in the area. Irtr. Haggerty stated the Great l�nerican l�isic sicpz is 43 feet high. Qotncilman Schneider asked Mr. Haggerty if they oould aocept a sign 45 feet high. Mr. Haggerty stated, bec�use o� the investment made in this business, the awners are very adamant about the heic�it. Zhey feel to survive, their sic,� has to be higher than others in the area. Mr. Baggerty stated they w�ere pranised the cooperatian of the City in order to make this project survive. He stated what they saw arid others saw was an opportunity to bring a first class motel to the City to service the businesses and peogZe. It is not the best site in the world, but it was the best they had to work with and they were willing to go on the line with $7,00,000 in iridustrial revenue boc�d financing. He stated this is a plea to the Council to assist the�m in a difficult situation. He stated these investors are not big wheeler-c3ealers and need the Coulci.l's help more than a large oorporation. dauncilman Sctu�ider stated he was supportive � the motel, but did have a prob�lea with the hei�t � the sign and not the square footage. He stated it seened if they were granted a 50 foot hic,� si�, someor�e else may came in with a larger development atxi request a higher sign. He stated it seems what is pertinent is their sign has to be at least as high and maybe slic�tly higher than other sic�s in the area. -11- ��_11� M� �I:n:yM1� • " �!: : ;'� : .� .L l�Ir. Baygerty stated his instruction fram his clients are tYiat they would be willing to have the sicp� 47 feet hic�. He stated if the dots�cil suggests 45 feet, he w�ould pregetit it to them, but can't pranise they t�wnld accept it. He felt that, wer the lang run, the sign would beoome an attractive symbol af the area and generate positive things for the City. Qancilman Schneider stated he oould support the varianoe for a height o� 45 feet, based on the vonoept that ather siqns a.n the area are 43 feet high, i.n order to give then �ome heic�it advantage. Mr. Haggety stated he can't give them a 1008 pranise his clients would agree. ee stated if that is what the Ootncl feels is the maximun they would apprwe, he voulciz't argue with it. He stated they would still like the sic,�► 47 feet high. Mr. Frank Job, 5260 Taylor Street, state8 he doesn't want to look at this sic�n as it is offensive. He statec] the neic��borhood clic�'t want the motel. He questioneci iww many arrests there had been at the motel since it opened. He stated he had equad cars in his yard in the early morning hours and woulc�'t put � with it. He stated he was definitely against the sign and the motel. irlr. F�gebretson, 5216 7�ylor Street, felt they could live with a 47 foot hic� sicyi. He felt if they w�anted more exposure, they should increase the size of their advertising in the yellvw pages. Mr. Haggerty stated, in anewer to Mr. Job's question, they had a problem at the matel an Saturday night when one of the quests pulled the fire alarm. Councilman Barnette stated the Camiission did recara►enc3 a variance for the sign to be 50 feet high. He stated, with additional development on the drive-in site, the developer possibly would be caming in for additional sic�age anc3 variances because they also would need the visability. He stated he dic�'t want to discourage ooamercial and industrial developnent in the properly zoned areas. �uncilman Barnette stated the Council also has to be responsible to the residents that abut these properties. He stated he.lived a block from �lunbia Arena and is not sure what this has done to his property values. He stated the arena does cause hi.m sane inoonvenienc�e, but felt it was good for the city. Oancilman Barnette stated he personally felt the developers worked well � with the staff an8 made every attempt to work with the neighborhood. He felt they had made �ame oonoessions to make the area nicer. l�1�ION by Qo�ncilman Barnette to apprv�re the varianoes to facrease the total square footage oi a pylan sic� from the maximum of 80 square feet to 469 square feet anc3 to increase the height ai a pylrn si� f ram the maximu�n of 25 feet to 45 feet; (Sign No. 1 to be a maximum of 361 square feet and 45 feet in beic�t; Sic,� No. 2 an 52nd Avenue to be a maximLm aF 48 square feet and 8 feet in heic�t, single faced with no back lighting; Sign No. 3 an 53rd -12- ��.�i, M� ,i:,+tyM��. �.- �s: ; 1►; ;: :� Avenue to be a maximuan of 60 square feet and 22-1/2 feet fn height); and to increase the total square feet to 16 square feet and 10 feet in heic�t, with the follawing stipulatians: (1) an acoeptable wall sign plan be submitted t�o the City Co�ncil: (2) Sig� No. 1 be oonsidered to be the northwest into a green area with a shrub bed at the base; (3) Sign No. 2 shoul d have landscaping at the base; (4) Sign No. 3 should be incorporated into the green spaoe and have landscaping_at the base; and (5) Sign No. 4 should incorporate a directirnal arrow and be 10 feet to the east. Seconded by Councilman Schneider. O��ncilman C,00c3speed stated he felt also he didn't want to discourage business. He statec7 what they are tal king about in the sic�n varianoe is government regu].ation. He stated the President of the United States says government regulations are bad. Co�cilman Goodspeecl cited a case where people have lobbied for governmental regulations in order to protect the consuaner. He stated he wanted the entire area to prosper and not just the uatel. ee felt if they continue the escalation for the�e variances, businesses in the end would suffer. He stated his viewpQint is also pro-business, but is looking at business in the more werall sense. Mayor Nee statecl he would abstain f rom voting on the motio�n. He stated he felt the Chaaaber o� Camoeroe represented the business point o� view. Mayor Nee stated he was shocked at the Cotncil's conduct last meeting and apologized to Mr. Haggerty. He felt the message the Cota�cil is sending the business oaonu�ity is awful. He stated here is a business that made every effort to acx�camodate the residents' oonoerns and dic�'t really need to do it because they met aIl the requi anents to oonstruct this motel. He stated he can't see where this motel hurts residents on Taylor Street at all. Mayor Nee stated if they can't assure businesses they are going to get a fair shake, he was aonoerned about the future business activity. Co�ncilman Goocl�speed stated if they managed to put all o� this together with rio other varianoes, this was a point that wasn't brought up before. He stated, keeping in mind this is the only variance requested, he felt he oould support Co�nclman Barnette's motion. Mr. Herrick, City Attorney, stated he felt the hardship had been discussed and if the motion passes, it should be because o� the hardship. oPON A ROLL CALL v01'E, O�ur�cilman Barnette, do�ncilman Schneider, Councilman Fitzp�trick ancl Coimcilman Goodspeecl voted in favor of the motion. Mayor Nee abstained f ran voting. 1Kayor Nee declared the motian carried w ith four votes in favor and ane abstention. : ►. `�. 1:�� MOTION by Councilman Barnette to adjourn the meeting. Seconded by Cotncil.man Schneider. Opon a v�oice v�ote, aIl voting aye, Mayor Nee declared the motion carried �asanimously anc7 the Regular Meeti.ng of the Fridley City Council af February 25, 1985 adjauned at 9:35 p.m. -13- �I li� M� „�' ;'�y��. •' ;�:: � li ;i Aespectf ully stt�mitted, Cbrole Haddad William J. Nee 9ecretaty to the Mayor City �tncil . Approved: -I4- ►: � ,i�� ,+4.� r- �:r ;.:r.i� „�.:�y�� ,� �:i� �: ��, =� M1+4 ��,��,w� �.� � ,,�: :� The Regular meeting of the Fridley City Council was called to order at 7:30 p. m. by Mayor Nee. PT.t�'Jlf`.R OF �T�+�A�'•• Mayor Nee led the Council and audience in the Pledge of A1legiance to the Flag. POq�, CALI� I�NBERS PRESII�T: Mayor Nee, Coua�cilman C�,oalspeed. CotaiCilman Fitzpatrick, Co�ci].mar► Schneider and Councilnan Barnette I�+�NBERS ABSF�: None . � • �M •;, •-' . . �+� � : MO►i'ION by Co�ci.2man Schneider to adop�t the agenda as submitted. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried tmanimously. • ; � � ;►� ;� ' � / �� :�- No persons in the audienoe spoke regarding this item of business. •� � : �, � - .• � • ��,�ti r�, ;: M �;� • ' y�1� �• 1� ' :� �iwr ' �i 4� � : � : .� : � v � Y, �1 � MO►I�ION by Councilman Schneider to table this appointment. Seconded by Councilman Barnette. Upon a�ice v�ote, a11 voting aye, Mayor Nee declared the motion carried �aianimously. �ia, : i, ��t:�. , ��,��. 1� ' ; : y �;� ��' : ��:•�./. �, : � �: � �' �.. •��/4�: n, a : � Mr. Flora, Public Works Director, stated a sic� glan has been submitted for Holly Shopping Center as required by the City oode. ee stated this plan was also sukmitted to the Hoasing and Redevelopement Authority to make sure it was oompatible with development plans for this area. Mr. Flora stated staff has foiuid the sic� plan oonsistent with the ordinance, with the exoeption of the pylan sic�, which will continue to be used, but reduced f ran 206 to 137 square feet. dotaicilman Schneider asked if the owners of the center had met with the tenants regarding this sign plan. Mr. Flora stated the awners, Heartland Associates, did have a meeting with the tenants last w�eek regarding the sicp� plan and, he has not heard any adverse camnents, as a result of that -1- •�.Il�.M1 ��C�:�M�� •' �r. ;:�: mEEt1I1g. 1�Iayor Nee questioned if the pylm sic,pl would be grandfathered. Mr. Flora stated this would be a continuation of an existing nan-canfomung use. lYlr. Flora stated the si�n glan is outlined in a letter dated February 12, 1985 fram David Todd Runyan and Associates, Inc., architects for Holly Stiopping Center, and is famd m pages 2B and 2C of the Council's agenda. Mr. Flora stated the oenter wished to obtain permits in order to have the si�a9e uP this spring. Mp►I*IOtd by Councilman Fitzpatrick to apprave the sign plan, as outlined in the February 12 letter fran the architects, for Holly Shopping Center. Sevonded by Co�mcilman Goodspeed. Upon a Voice Vote, all voting aye, Mayor Nee declarec3 the motiai carried �animously. Mr. Qureshi, City Manager, stated it is hoped to begin improvement of the ; entrance into Holly Shopping Center. 7he entrance would be moved west to allvw for more stacking rooan for vehicles. Further, in conjunction with this imprave�nt, it is hoped to add aclditional lanes at this intersection to help allevate some af the traffic probleas. 3. 4. � �� . �T � � \ � � .r y�� \. � � � V � �i\ 4 �• �i ♦ : 1�� • •�� i �� 1. M�11� • ' �: �� • • • • • .��• • r • -��. •-• • • ii. •. •• • - • - • • - • - •- -• n• • -• � . • ��• . iM �:� � � 1 +� ��.� �i� ./ �. � � �: ►1 �� : �' �� J : � yl�� l1 ��,�ti �1��/: M �:� ��. �: v Mr. Dean Saba af the Enerc� Cannission appeared before the Co�mcil regarding an application for a Department of Energy and Economic Development (D.E.E.D.) grant. Mr. Saba stated this $15,000 grant would allow the City to develop a progran whereby they could find out where sub-- standard housing is located in the City which doesn't meet the 1985 energy eff icient codes. He stated steps oould then be taken to upgrade those dwellings to meet this cocle. Mr. Saba stated in order to qualify for this grant, there must be an Energy Council canpri9ed af representatives of labor, small business, volunteer organizations, senior citizens and lvw and moderate inc�aie individuals. He stated he does have a problem with this as the State is telling cities how they have to oomprise their Catmissions. ee stated one way to handle it would be to have a project conmittee assic,�ed with the task of developing this program and seek the funding with assistance from the City staff. O��mcilman Fitzpatrick asked if this program would be confined to multiple housing. -2- � �,�: •V� �� «1 ��: :�V�. _��. � _ I►�lr. Saba stated it woula be confined to rental properties whether it be single f�nily dwe11in9s or mul.tipl.e dwellings of four or less. Mr. Saba stated, if the grant is reoeived, sub-standard rental �t�t he City w�ould be eligible for f�ing to upgrade their prope ves would 1985 requi rements of the F�r►erc,� Code. He stated the awners theasel �y have to pay 50$ of the oost, with the balance caming f ran the grant monies. Mayor Nee asked hvw this program woiil.cl oompare to what the Catm�mity Action Program (Q�P) entai.ls. Irir. Saba statecl the CAP Pro9ram c�ers all properties and thi program would be strictly limited to rental property. He stated the problem with rental property is there is no incentive to upgracle it. He stated if the grant is reoeiveci, funds woulc7 be available for awners to upgrade the properties. r ram focuses mostly on senior citizens, low and Mr. Flora stated the CAP P°9 moderate incane persons� ��eL'°�upied properties. This grant would pravide matching funds to awners�o =� ntal properties who wish to make impravenents to meet the Ene c,� uirements. Mr. Flora stated, in oa'ij�mction with this program► the City is also looking at Minnegasoo� s fun�ling for enerc� coaiservation and insulation, and would try to tie these two programs together. Mr. Flora stated this would require a project coimnittee �� il andstryeto coordi.nation with the Cacmissions to establish an �er� prwide the means to start this program in the City. Ma�,or Nee stated he was not opposed to this program, but felt the staff person involved shoulcl meet with representatives of CAP in order to avoid any duplication. �q� �i Councllman ��t� � adop�t Resolution No. 20-1985 Win for this that a project canaittee or F�►ergy Council be established apP1Y 9 grant. Sec�nded BY Co�mcilman Fitzpatrick. L�on a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslY• 5. Li.� Mp►TIO[�1 by Councilman Barnette to aPProve the licenses as submitted ana as az file in the License Clerk's Office. Seca►dec3 by Co�ci].man Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried u�animous�Y• b. SI+BI� �Ip�I by Councilman Fitzpatrick to authorize payment of Claims No. 1479 through 1651. Seoonded bY Councilman Schneider. Upon a voice vote, all voting aye. 1KaYor Nee declared tl�e m�tion carried �n�animouslY• -3- � � f RJ DLEY O�TE Februnry 12, 1985 DtAEGTORATE OF PUBLlC WORKS MEMOiaANpUM i�Or O��MI. �im Robinson - Planning �� tv�.,FCt Request for Council to Set a Public Hearing Date for SAV #�85-01 MEMO N0. 85-07 TO John Flora ,G t �� lA . o p� _ .� o;�oo , �= �-_ � •CTION IN�O x ' -� -,__ ,_ 1 --�� On January 25, 1985, Gary Wellner of G 6 G Builders, submitted a vacation request Lo vacate a 3 ft. by 12 ft. section of a l0 fooi drainage and utility easement. Mr. Wellner was ready to close on the sale of the new home at 115 Sateilite Lane. When they checked the verifying survey, they found the home was infringing on this easement. This vacation request i��st missed going to the Planning Commission on February 6th. We had no other items for this meeting so a decision by the Planning Cortmission to cancel this meeting was made before we received this request. It wili not go to the Planning Commission on February 27, 1985. Because these minutes will not go to the City Council until March l8th, waiting until that date to set a public hearing would be a real hardship for the petitioner who has to hold up the closing on this property until the vacation is finalized. The City Council will not recieve the Planning Comnission minutes on this request until March 18th, but it would move things ahead by several weeks if they could set the public hearing on this vacation at their February 25th meeting for March 18th. As this vacation is only for a small portion of this easement, we don't anticipate any problems with this reqoest. we have already heard from Northern States Power Company that they have no problem with this vacation. If the Council will set the public hearing for March 18th at the February 25th meeting, then we can send the Public Hearing notice to the Fdidley Focus on the 27th of February to be published on March 4th and llth. We will have the ordinance ready for the meeting on March 18th. If Council has the first reading of the Ordinance at this same meeting, it would expedite the process which would allow the closing on this property which would benefit both the buyer and the seller. JLR/de � tI �� J In� / J F (� � � �J . .. } � j��'� � . � �3� I�- �,-' /�- o� . --- -- ---- Q Z I ��' RO�DG OV �4tNA►yCq / 1 '�r � O �Q � a� � . p � � 0 � �- _ / �.c! � � z d e� A t�' 10' � J � i'" 7 • r� t � Q i61 'i ,1 . -� � F� 8 � � � ao �,�, � � '� '�°�iy � � � '�� i? � � �� Ll% ,:� �► - -•�o b°2i� , � , � o°�i� ' `° 8 , , �► 0 J �� ' / � � N V M ? . -� ' r � � � � J M � �� S�oR�C � �. i i �RAM� � �� Q is �W NOUS� �o ;� �g ' � � ��s �= � • ' 2� FLOOF o V GR �{AN(Z L- - -- - - - - -- . . :. . ,. �, _ � i� SAV #85=91 . ' ; . . , . . �� .. � . �.. .�. .._ S,�,r-,e 1.�r' T�, 0 • . . -� :�. . � :� . 1 . . r . . �., _ . �. , - : . . . � � , � � :: � � L�� . _ .� Description for partial release of drainage and utilit� easemeni on Lot 8. Block 1, Doty/Wellner Additioa • �-, : � . Commencing at tbe southvest corner of Lot 8, Block !. � Doty/1�►ellner Addition. thence South 89 degrees 45 �.- ••• �' minutes 04 seconds East, along the south line of said � Lot 8. a distance of 10.00 feet� to the eesterly line of a drainage and utility easement; thence North 00 degrees 13 minutes 18 seconds East, 33.56 feet. along said easterly easement line; thence North 16 degrees 39 minutes 00 seconds Eest. 16.00 feet. a2ong safd easterly easement line. to the point of beginning of the parcel being described; thence North 73 degreee 21 mfnutes 00 seconds West. 3.00 feet; thence North 16 degrees 39 minutes 00 seconds East� 12.00 feet; thence South 73 degrees 2i minutes 00 seconds East. 3.00 feet� to the said easterly easement line; thence South 16 degreea 39 minutes 00 seconds West, along said easterly easement line� to the point of beginning and said parcel there terminating. All in Anoka County� Minnesota. n � FOR CONCURRENCE BY THE CITY COUNCIL '- APPOINTMENTS � March 18, 1985 (Tabled March 4, 1985) � TERM APPOINTEE EXPIRES __ 1tESIGNING MEMBER HUMAN RESOURCES COMMISSION 0 4-1-87 Brian Goodspeed 73I Rice Creek Terrace (H) 571-4822 4-1-87 Arlie Niemi 5368 Matterhorn Dr. N.E. (H) 571-6814 z 3 CITT OF FRZDLEZ M B N 0 R A N D 0 N T0: NASIl�! M. QIIRFSHI, CITY MAIiIAGQt FROM; SID INMlAN. DIRBCTOR OF CENTRAL SERVSCES SUBJECT: VF�iDII� Ml1CAINE LICBIiSB FEES DATE: MI1RCfl 11, 1985 In 7984. the State of Minnesota passed a 1aw requiring thaL all cities charge a vending machine license fee in direct proportion to the cost of inspecting the location. I have reviexed the cost of the vending machine license on our standard format (copy attached) . 7ou will note that the cost is approximately i74.88. The 1983 License Survey of Lhe Hetropolital Mea has been reviewed and a majority of those cities have reduced their charges to =15•00. �erefore. in line with the State Law and with the findings in terms of Lhe costs, I am recommending that we pass an ordinance amending the license fees for vending mahcines. • SCI:sh 3/o/u/�5 QRDIHANCB p0. Al�l ORDIHAI�ICE RBCODIFTING THE FRIDLEY CZTY CODE BY Al�NDING CHAPTSR 11, �ITITLSD "G�+18RJ1L PROVISIOIiS Al�1D FBFS"� SSCTIOB 11.10, FBES ( 90�IDING FBFS) THE CITY COUNCIL OF THE CITY OF FRIDEY DOES ORDAIN AS FOLLO�iS: 11.10 FEES License and permit fees shall be as follows: 111 Vending Machines //=25.00 per machine for first 10 machines. =15 per machine over 10// �15.0 ner machiae PASSED AND ADOPTED B7 THE CIT7 COUNCIL OF THE CITY OF FRIDEY THIS DAY OF , 1985. iiII.LIAM J. NEE. MAYOR ATTFST: SIDNEY C. INMAN. CITY CLIItK First Reading: Second Reading: Publieation: 3/0/4/ 18 3A � t�� °-` E� t , �. �9"t� �� POLICE DEPARTM ENT c�y of F��diey Minnesota DATE �RCH 13, 1985 FROM PUBLIC SAFETY DIRECTOR, J.P.HI SUBJECT PROPOSFD AMENDMENT - CHAPTER 12 6 (�F THE FRIDLEY CITY CODE MEMORANDUM TO NASIM nURRSI?I :J ACTION INFO X Attached is a proposed ordinance amending Chapter 1?F of the Fridley City Code entitled "Houses of Prostitution; Public Nuisance". The proposed amendment is beinv rec�uested as a result of inferences made by U.S. District Jud�e Miles Lord durinQ a hearina on the constitutionality of this ordinance on February 2�, 19R5. ,7udge Lord has been reauested to withhold his rulinq on the constitutionality of this ordinance until it can be ar�ended and forwarded to the court. JPH/sa oaD�e�ce ao. Ali ORDINAIiCB flBCODIFZIIIG �B FRIDLBZ CITZ OODB BY �IYSIIDIU(� CHAPT88 126 Q?I?LBD "HOIIS83 OF P80S?ITQiIOli; PQBLIC IiIII.4�DIG8�, SBClI01! 1a6.03 �D BY ADDIiH3 SBG?IOi 126.01. 1f1E CITY COUNCIL OF THE CITY OF FRIDLEY DOFS ORDAIN AS FOLLOWS: 126.01. STATffi�11? OF PD8P03H The use or maintena.nee oP buil dings and moveable property Within the City of Fridley for purposes oP conducting prostitutioa or prostitution reiated activites aonstitutes a threat to the public health, saPety and WelPare. The City of Fridley haa an interest in insuring the laxful use of property xithin the community and in proteeting its citizens from uses of property xhich endanger public health, safety and welfare. The City Couneil of the Citq oP Pridley deems it necessary and appropriate to enact procedures to prevent and eliminate the use of buildiags aad moveable property within the City oP Fridley for purposes oP eondueting prostitutioa or prostitution related activities. t26.o3. ecrs ooxsziTnT� e xoiseNCg 1. Ar�y building or portioa thereof ;�d �v moveable nrooertv used or maintained for the purpose of committing acts ot prostitution or prostitution related oPfenses shall canstitute reasonable cause that a public nuisance exists. 2. //Conelusive evidence// A rebuttable p,�esumotion as to the existenee of a public auisanee shall ezist upon proof of three (3) or more misdemeanor eonvictions or tWO (2) or more gross misdemeanors or Pelor�r oonvictioas within the previous two (2) years for acts of prostitution or prostitution related ofPenses arising out of oonduct committed within or upon such building or portion thereof. 3. At�y building or portion thereof and all movable property used in conducting or maintaining a public nuisance shall be enjoined aad abated as provided for ia Sectioas 126.O�F through 126.07. PASSED AND ADOPTID BY TfiE CITY CODNCZL OF THE CITY OF FRIDLEY THIS DAY OF , 1985 YII.LIAM J. NEE — MAYOR ATTBST: SIDNEY C. INMAN — CITY CLERg 4A srsr�z OF PIIRP03S AC?S CO11S?ITQT]�1Q d xOISeHCB S CITY OF FRIDLEIf CHARTER COMMISSION MEETING. JANUARY 21, 1985 CALL TO ORDER: . Chairperson Starwalt called the Jan. 21, 1985, Charter Commission nieeting to order at 7:44 p.n�. ROII CALL: Members �resent: Walt Stan�valt. Susan Jackson, Bruce Nelson, Bob Pierce, Francis van Dan, Donald Betzold, Ralph Stouffer Mte�bers Absent: Peter 7reuenfels, Irene Maertens, Margaret Hendley. Pat Kindom, Robert Schmidt. David Pinks, Larry Cortmers. Bob Peterson Others Present: Bill Hunt, Administrative Assistant APPROVAL QF ��OYEMBER 19. 1984� CHARTER CQMMISSION MINUTES: !lOTION BY l�i. HETZOLD, SECONDIED BY XR. STO(IFFER, 4'O 1LPPROVE THE NOV. 19, 1984, CXARTER CONNISSION XINUTES. Mr, van Dan dictated a lengthy correction to the statements he had made on page 3, paragraph 4. Mr. Betzold stated he had a great deal of difficulty in listening to such a lengthy correction. He r+ould recortmend the Comnission not consider such a change unless it was submitted to the Conmission in writing. Mr, van Dan stated it was not that he was changing what he said. He was comoro- mising a little bit between what he wished he had said and putting a little more direct quote on what he did say. Ms. Jackson stated she would agree with Mr, Betzold. Unless there was a sub- stantive error in the minutes, the minutes should remain as they are written. Mr. van Dan stated he had had a telephone conversation with Mr. Hunt, and Mr. Hunt had asked him to submit the change so the minutes could have been typed up with that correction, Because he was out of town, he had to apologize to Mr. Hunt for not submitting the correction to Mr. Hunt. Really, he aas now doing what he had intended to do in submitting the written correction to Mr. Hunt. Mr. Pierce stated there r+as a real question in his mind that if they were going to get into this kind of thing very often, then maybe the minutes should record onty the actions of the Commission and not the discussion. Nowever, he tiked the discussion betause it gave the Commissioners a general gist of what had been going on. Yhether it was semantically txactly correct or rtot seemed irrelevant to him. UPL1N � VOICB Yt�TE, ST1lRJ+►ALT, JaCXSpli, NEISCW, PZEP.CE, BE:'ZOLD, a1VD STOUFFEP. VOTING 11YE, V1W D1W ABSTIIINING, C811IRPERSQN STARi�ALT DECI.�l7LED THE !lI1VL1."ES 11PPROVED J�S WRITTEN. SA CHARTER COFtMISSION MEETIN6, JANUARY 21, 1985 PAGE 2 APPROVAL OF AGENOA: The following ttem was added to the agenda under "Other Business': "Commission Attendance" Chairperson Starwalt declared the agenda approved as amended. 1. PROGRESS REPORT 0�� AMENDMENT TO SECTION 4.06 OF•THE FRIDLEY CITY CHARTER � Mr. Starwalt stated the City Council did have the public hearing and first reading which was waived and a brief discussion. He got the impression that the extension of time from the end of filing until the election met with Lhe Counci]'s approval. Ne would contemplate no problems on the second reading and approval by the City Council. Mr. Nunt stated the second reading was on the City Council agenda that night. 2. COr�SIDERATION OF LANGUAGE IN THE FRIDLEY CITY CHARTER RELATING TO VARIOUS At the last meeting, the Comnissioners had agreed to review the City Charter revision page by page in which Ms. Erickson had incorporated the terms, "eligible voter", "registered voter", and "voter". The Comnisson had reviewed Chapters 1 - 4. CHAPTER 5- INITIATIVE, REFERENDUM ANO RECALL Section 5.01. POWERS RESERVED BY TNE PE�PLE - The Conmissioners aqreed to c ange e aor e ectors o e ec ora e. Section 5.03. FURTMER RE�ULATIONS� !2 - The Conmissioners agreed to change t e term 'e ector to registere voters" in line 6 and line 11. Section 5.03. FURTHER REGULA7IONS. 14 Section 5.04. INITIATIOt� OF MEASURES - e ec ors o e tgt e vo ers . - No cha�ge The Caooissioners agreed to change Section 5.05. FORM OF PETITION At�D OF SIGNATURE PAPERS - The Comnissioners agree to c ange t e �rst paragrap . secon sen ence,as follows: "Such petition shall not be com tete unless signed by ��d�16f� �t �►�xlt6 �A�'1 �d at least ten percent (IOX� of the total number of registered voters as of Jan, lst of that year." INITIATIVE PETITION - The Commissioners agreed to change "electors" to registere voters in the first paraqraph and fn the first ltne of the second paragraph; and "electors" to "electorate" in the th#rd line of the second paragraph. 5B CHARTER COM�ISSION MEETING, JAt�l1ARY 21. 1985 PAGE 3 Section 5.06. FILING OF PETITIONS AND ACTION TNEREON - The Commissioners agree o c ange e rs sen ence o e paragrap as follows; "Within five (5) days after the filing of the petition, the City Clerk shall ascertain by examination the nunber of �J��zdtf NMbf1� signatures �� appended thereto : and whether this n unber is at least ten percent (tOX) of the tota] number of reqistered vaters as of Jan. ist of that vear." Section 5.07. ACTION OF THE COUNCIL ON PETITIONS - The Commissioners a9reed o ma e e o ow�ng c anges: line 3-"voters" changed to "registered voters" iine 12 - "electors' changed to "eiectorate" line 14 -"registered voters" remained the same line 25 - "lectors" changed to "electorate" Mr. Nelson stated that the term "electorate" should De added to the list of definitions in Section 1.04, The Comnissioners agreed. Ms. Jackson suggested the Comnissioners think about this term and decide hoa they would like to have it defined. It could be an agenda item for the next meeting. Discussion continued until the next meeting. 3. CO��SIOERATION OF THE MANNER IN WHICH THE MAJOR PARTY AFFILIATION OF ELECTI4N �S Discussion continued until the next meeting. 4. COr�S1DERATtOk OF SECTION 4.05 OF THE FRIOLEr Citr CHARTER REr,ARDIN� THE Discussion continued until the next meetinq. 5. COr�SiDERATION OF REMOVAL OF GENDER SPECtFIC LANGUAGE FROr4 THE CITY CHARTER: Discussion continued until the next meeting. 6. APpOINTMIENT Op A NOMINATING COMr1I7TEE; Mr. Sta nvalt stated they needed a Nor�inating Comnittee for the offices of chairperson, vice-chairperson� and secretary. Mr. Starti+alt stated that since his term of office was up in May, he would serve as a member of the Nominating Comnittee. Mr. Betzold and Mr, van Oan also volunteered to serve on the Nominating Committee. SC CHARTER COhMJ55I0N MEETING, JANUARV 21, 1985 PAGE 4 - ----- ------- 7. OTNER BUSINESS: a. Conmission Attendance Mr. Hunt stated Ms. Evenson of the Planning Oepartment does keep track of Conn'ssion attertdance. She usually notifies him when a member has a�issed five meetings. Mr. Hunt stated that Article IV of the By-Laws states that any member missing four consecutive meetings without an adequate excuse or failing to perform the duties of office shall be subject to a discharge from the Commission upon written request of the Court supported by two-thirds of the Comnission members present and voting. Mr. Hunt stated that Article IV� (a)� stated that all members shall be expected to attend all meetings. If unaDle to attend, the members shall inform either the Chairperson or the Secretary as to the reason. He stated that usually Ms. Evenson calls all the members the day of the meeting Lo try to find out if there is a chance of getting a quorum. He did not think the members have taken the initiative to inform the Chair if they are going to be absent. He felt that if a member informs the Chair, that would be grounds for an excused absence. but if the member fails to inform the Chair and doesn't show up at the meetinq� he would think that was an unexcused absence. Mr. Starwalt stated he did �ot have any person or persons in mind at � this time that needed to be checked on as far as attendance. He did think it might be relevant to remind the Canmissioners of Article IV. !MO?'IQN BY KR. NEISQN T[iAT CHAIRPERSQN ST�RiIAI.T CQNTACT THOSE COPQ�lISSIDN XEI�ERS NOT PRESElYT AT TXIS 1�ETING AfVD REIT£RAT'E THAT TffE COMYISSIA► IS GOING TXRDUGH SOI�' VERY II�ORT�!!VT BUSINESS 1WD ZT h►D'.ILD BE JiIpPROPRIATE 1� HAVE 11S 1�lANY NEPIDERS AS POSSIBZE PRESENT J1T TNE MEETINGS. MOTtG1N DIED i�OR LICK OF 11 SECOND. Mr. Stouffer stated he would like to see a letter go out as soon as possible under separate cover stating what the attendance regulations are for this Cortmisston and reminding the Commission members of the Feb. 25th meeting. He stated he was very concerned about attendance and he would like the Comnissioners to look into comnission attendance as a separate item. Mr. Hunt stated he could draft a mem� from the Chairperson ta the Commissioners reminding them of Article IV and the next meeting date. Ms. Jackson stated one problem ts that members are attendtng meetings inconslstently and they miss the discussions, sa the Comnission members end up having to review things over and over. SD CHARTER COM�IISSION MEETI��G, JANUARY 21, 1985 PAGE 5 Mr, van Dan stated one difficulty might be that people do not notify the Chair and so are absent without notice. Many members do not know the Chairperson's telephone number but do know the teTephone number to call City Hall. Would it be acceptable to the Chairperson, not to " change the By-Laws, but as a practical procedure to have members call with an excuse to City Staff and then City Staff could notify the Chairperson? This wau]d then be an acceptable excuse for non-attendance. Mr. Starwalt stated he would not have a problem with that. Mr. Nunt stated they could point out to the Conmissioners that this requirement could be satisfied by notifying City Staff. NOTIGW BY M2. STOUFFER, SECCrVED HY lgt. V1W D�11N, TXAT CITY STAFF DRAFT A LETTER F10R THE CHAIRPERSON TO ALL TNE CHARTER CQFlMISSIDN PlEPIDERS REFLECTING THE DISCUSSIQN PERTJIINING TO COMI�lISSIQN �ITTEN7ANCE AT THIS l�ETING, AND TiU1T TNIS LETTER BE M.�IILED AO I.i1TER THaJV 1lQN., JAN. ?B, 1985. UPQN JI VOICE VOTE, ALL VOTING AYE,.CNAIRPERSQN ST.VtWALT DECIARED TNE NO?'ION CARRIED UNANIMOUSLY. Mr. Starwalt stated he would like a copy of the attendance chart for revie►r at the next meeting, b, Next meeting date - Monday, Feb, 25, 1985, at 7:30 p.m. ADJOURNMENT: MOTIGW BY lD2. STOUFFER, SECONDED BY POt. NEZSQN, TO JtA70URN TXE KEETIrlG. UPAN A VOICE VOTE, J1LL YDTING JIYE, CR1I:RPERS�► STARWALT DECLIIRED TKE JAN. 21 � I985, CHARTER COMNISSIQN MEETING ADJDURNED AT 9:10 P.M. Respectfully su4mitted, '� i( / �'%�! �'Y > :�/c-f'-c.. Lynr�! 3a a Recording Secretary 0 CITY OF FRIDLEY CATV ADVISORY COt�IISSION MEETING. FEBRUARY 21, 1985 CALL TO ORDER: Chairperson Hughes called the February 21, T985, CATV Advisory Conmission meeting to order at 7:41 p.m, R�LL CALL: Menbers Present: Barbara Hughes, Duane Peterson, Ralph Stouffer, Ed Kas�szak Menbers Absent: Burt Weaver Others Present: Clyde Moravetz, City of Fridley Chris Wegemer, Storer Cable APPRnVAL Of JANUARY 17� 1985, CATV ADVISORY COM"tISSI��t MINUTES: MOTIO�� by Nr. Stouffer, seconded by �1r, Peterson, to ap�rove the Jan. 17� 1985, ��Cdvisory Cor.mission minutes. Ms, Hughes stated that on oage 2, paragraph 1, line 4� the word "reviewed" should be changed to "viewed". JPO�� A VOICE VOTE, ALL VOTING AYE, CI{AIRPERSO�� HUGHES DECLARED THE MINUTES APPROVEO AS AME��DED. ADOPTION OF AGENDA: MOTI0�1 by Mr. Peterson, seconded by Mr. Stouffer, to adoct the agenda as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HU6HE5 DECLARED THE M�TION CARRIED UNAt�IMOUSLY. 1. RECEIVE OPERATION UPDATE FROM S'ORER: a. Leased Access Policy Mr. Wegemer stated that as requested at the last meeting, the Comnissioners had received a copy of the Leased Access Policy and The Learninq Channel survey. Mr. Wegemer stated his letter dated Feb. 21, 1985, to Mr. Moravetz qave a brief description of the background of the new Cable Cortmunications Act as far as leased channels are concerned, outlined the target rates which Storer has established for leasing, and some criteria they would use in deciding whether or not they want to enter into a lease bid. He stated the "Agreement for Commercial Use of Cable Channel" was a)so attache�i to the letter. 6A CATV ADVISORY COMMISSIOW MEETIt�G, FEBRUARY 21, 1985 P�GE 2 Mr, Wegemer stated that as far as the program survey results found by the Bloomington Cable Commission, The Learning Channel and ��ashville tied for the least liked channels. Nashvilie had some contractur�l restrictions which The Learning Channel did not have (The Learning Channel only requires a 60-day notice) and some financial oenalties. The Learning Channel was only progrartmed until 3:00 p.m,; whereas Nashvilie had some prime time offerings. The only other difference between the two was that Nashville was free to subscribers, while The Learning Channel cost more than WTBS. Ct�N Neadliners, CBN, and some of the other services available. Mr. Moravetz stated this would serve as Storer's Leased Access Policy to be kept as public record. If the company revised or updated this policy, they should notify the Corrmission. Ms. Hughes stated that maybe this should be out on the next agenda in case the Cortmissioners have arty questions after reviewing the policy. MOTION by Mr. Stouffer, seconded by Mr. Peterson, to receive the report rom torer on Leased Access Policv and information on The Learninq Ghannel. UP�N A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HUGHES DECLARED THE MOTION CARRIED UNArJIMOUSIy, b. Other Updates Mr. Wegemer stated the new control rule has gone relativelv smoothly. Ap�roximately 95% of the subscribers have opted to come in to exchanQe their converters as ooposed to having Storer come to their homes. The company is setting up appointments on a first-come, first-serve basis. They have had about 500-600 requests. The company has 700 converters with another 900 coming in next month. 2. ANOKA COUP�TY COMMUNICATIONS IJ�RKSHOP: a. Receive Minutes of Jan. 9, 1985, Meeting MOTION by Mr. Kaspszak, seconded by Mr. Peterson, to receive the mt utes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HUGHES DECLARED THE MOTION CARRIEO UNANIMOUSLY. b, Receive Director and Coordinator Reports for January 1985 MOTION by Mr. Stouffer, seconded by Mr. Kaspszak, to receive the lrec or and Coordinator Reports for Jan. 1985, including the Monthly Financial Report, the Year-end Comparison Report (1981-1984), Production Statistics, and Personnei Rules and Regulations. 6B CATY ADVISORY COMMISSIOW MEETING, FEBRUARY 21� 1985 PA�E 3 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HUGHES DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE THE FOLLOWING REPORTS: a. Infovision Material MOTION by Mr. Peterson, seconded by Mr. Kaspszak, to receive the n ovision material. tJPOP! A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HU6HES DECLARED THE MOTION CARRIED UNANIMOUSLY. b. Fridley Cab1e Consortium (FCC) Meetina Minutes of Jan. 28, 1985 MOTION by Mr. Kasoszak, seconded by Mr. Stouffer, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HUGHES DECLARED THE MOTION CARRIED U��ANIMOUSLY. Ms. Hughes stated that at the last meeting, Mr. Kaspszak had exaressed a concern about some lack of enthusiasm in getting cable TV into the school system. He had stated he would like to discuss this with School Board members. She asked Mr. Kasoszak if he had done this. Mr. Kaspszak stated he did talk to Joe Lapinski, -Mr. Lapinski was interested in getting more information that he would review and discuss with Or. Rens. Mr. Kaspszak stated he had obtained the material from Mr. Moravetz and planned to pass iL on to Mr. LaD�nski the followina day. So, things are moving ahead. c. Resolution of Support for Imolementation of the Metropolitan Reqional Channel Mr. Moravetz stated this was the resolution Mr. Weaver had brought up at the last meeting. At the present time, this is kind of on the"back burner" as there are 2-3 commissions that the governor is recor►�ending for abolishment. The State Cable Board is again a possibility for abolish- ment. Some type of decision should be made within the next 2-3 months. He would recommend the Commission take a"wait and see" aoproach. This resolution is just a resolutio� in su�port of Regional Channel 6 and had nothing to do with the broader concept of the Metro Area Interconnect Cortmission. The Conmissioners agreed with Mr. Moravetz's recomnendation to not take any action at this time. MOTION by Mr. Stouffer, seconded by Mr. Peterson, to receive the "Reso- uT t o of Support.for ImpTementation of the Metropolitan Regionai Channel". UPON A VOICE VOTE, All VOTINC AYE, CHAIRPERSON F�16HES DECLARED THE MOTION CARRIED UNANIMOUSLY. 6C CATV ADVISORY COMMISSIOr� MEETING, FEBRUARY 21, 1985 PAGE 4 d. Arts and Entertainment Network - Letter to Mayor Nee dated Jan. 18, 1985 MOTION by Mr. Peterson, seconded by Mr. Kaspszak, to reteive the el-tter. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HUGHES OECLARED THE MOTION CARRIED UNAt�IMOUSLY. 4. CONFIRM DATE FOR NEXT MEETINr,: Mr. Moravetz stated that at the end of this year, they will be only two vears away from refranchising. He felt the Commission should start thfnkfna about it now. The Commissioners agreed to change the March meetinq date to Tuesday, March ]9, at 7:00 p.m. This would be an informal meeting for the purpose of beginninq discu5sions on the refranchising. Mr. Wegemer stated that at a future meeting, he would like to share with the Commission the results of their focus group research, It came out very strongly that the resistance to cable television was not so much cable as it was television in general. People just did not think there was much value in television to begin with, much less pay for it through cable. Mr. Moravetz stated it was thinqs like this that the Comnission would like to receive under "Operations Updates f rom Storer". Mr. Wegemer stated he would bring this information to the Comnission. Mr. Kaspszak stated that in terms of communicating news within the community, with the demise of the Sun Newspapers. there was not even a newspa�er office in the City of Fridley. The current Fridley Focus was nothinq but a sho�per with about 20-25� news. The Mpls. Star b Tribune has not picked un on this, so, in his judgement. Fridley was in a very bad news vacuum. Mr. Kaspszak stated that years ago, he had honed cable TV would �ick un 'his vacuum. He understood it was a cost that Storer did not want to incur, and they were sensitive to those costs. If all Storer did was have some hard news on the character generator on Channe] 3 at 6:30 every day for about ten minutes, it would be better than what they have now. Mr. Nb ravetz stated that John Gargaro used to have a news show 2-3 nights a week. That was discontinued some time ago, but he thought the show was very interesting with it's "local" or "hometown" format. Mr. Wegemer stated one of the reasons that show was discontinued was because of staff changes. The new staff inembers were not familier with the operation and were trying to get a feel for it and get the programs up and going. He stated that, to his knowledge, it was Storer's intent to reinstitute that type of programning after the new staff has become more familfer with the operation. . 1 CATV ADVISOaY COMMISSION MEET�NG, FEBR��ARr 21, 1985 PAGE 5 Mr. Wegemer stated that right now a great deal of time is involved in s�orts arogranming, and the City of Bloomington is an examole where the schools have eventually taken that over, If the Fridley schools could have nnre responsibility for tF�e hiqh scFwol sports programning with Storer supervision� that would free up Storer's people to have more time to do progrartminq such as that suggested by Mr. Kaspszak. That was what he would like to see happen. Mr. Kaspszak stated that r+�aybe this was something the Fridley Cable Consortium would want to address and discuss. Mr. Kaspszak asked Mr. Wegemer to come up with some numbers on what it would cost a sponsor to put on a 10 minute newscast with video. � Mr. Weqemer stated he would put that information in his next reoort. ADJOURNMENT: MOTIOt� by Mr. Kaspszak, seconded by Mr. Peterson, to adjourn the meetina. tJQOn a voice vote, all voting aye, Chairperson Hughes declared the Feb. 21, 1985, CATV Advisory Commission meeting adjourned at 8:50 p.m. Respectfully submitted, -� � � �;�� ynh Sa a i Recording Secretary RFSQ,UTION N0. - 1 g85 A RESOLOTION APPROVING A SOBDIVZSION, LOT SPLIT, L.S. #85-01, TO SPLIT LOT OFF TBB SOOTH $0 FEET OF THE NORTH 166.40 FEET OF THE WEST 210 FEET OF LOT 49, AIIDITOR'S SOBDIVISION N0. 92, (5809 ARTBUR) AND ADD IT TO 5805 ARTHUR FOR SIDE YARD TO ELIMINATE A VARIANCE. � WHEREAS, The City Council approved a lot split at the February 4, 1985, meeting, and WHEREAS, such approval Was to split off the South 40 feet of the North 166.40 feet of the West 210 feet of Lot 49, Auditor's Subdivision No. 92, (5809 Arthur) and add it to 5805 Arthur for side yard to eliminate a variance. WHEREAS, The City has received the required Certificate of Survey from Gordon Backlund, and WHEREAS, such approval Will eliminate need for a variance. NOW, THEREFORE BE IT RESOLVED, that the City Council directs the County of Anoka to record this lot split within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNC II, OF THE CITY OF FRIDLEY THIS DAY OF WIl,LIAM J. NEE - MAYOR ATTEST: SIDNEY C. 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Su�. �✓o. 92 N I ir� �9. — — I 0 •. . • 8 CITY OF FRIDLEY PLANNING COMMISSION MEETING, FEBRUARY 27, 1985 CALL TO ORDER: Chairwoman Schnabel called the February 27, 1985, Planning Commission meeting to order at 7:33 p.m. ROLL CALL: Members Present: Ms. Schnabel Mr. Oquist, Ms. Gabel, Mr. Nielsen, Mr. Minton, Mr. Sielaff �for Mr. Saba) MeMbers Absent: Mr. Kondrick Others Present: Jim Robinson� Planning Coordinator Gail Wellner� 8457 Riverview Lane N., Brooklyn Park James Nicklow, Shorew�od Inn Patricia Novicici. Mflo Architects, Crystal. Mn. Lowell Ainas, Milo Architects, Crystal, Mn. J. A. Menkveld� 1299 Mississippi St. Brad Dunham� 6150 Trinity Dr. N.E. J. R. Ferguson, 6811 Oakley St. N.E. James Brubakken, 6810 Oakley St.N.E. Richard Kemper, 7851 Alden Way N.E. Robert Hughes, 548 Rice Creek Terrace N.E. Lewis � Vivian Hedlund, 5230 Russell Ave. N., Brooklvn Center APPROVAL OF JANUARY 23. 1985. PLANNING CON!'IISSION MIMITES: MOTION by Nr. Minton, seconded by Mr. Nielsen, to approve the Jan. 23, 1985. P a n ng Cortmission minutes as written. UPON A YOICE VOTE, ALL VOTING AYE. CHAIRWOMAN SCHNABEL DECLARED THE MIOTION CARRIEO UNANIMOUSLr. 1. VACATION REQUES7: SAV �85-01� G b G BUILDERS BY GARY WELLNER: To Vacate a oo y�i'oo� sec i on o� a T1T �oo�" u�'iTi"'�y an3�rai nage easement on Lot 8, Block 1, Doty/Wellner Addition, because of a placement of the dwelling at 115 Satellite lane N.E. Mr. Robinson stated this property was located north of Satellite Lane and east of Starlite Blvd. The house in question was located on Lot 8, Block 1, of the Doty/Wellner Addition. There was a small portton of easement that needed to be vacated in order for the house to be sold free and clear. There was a water line run�i�g through the property. but fortunately there there were no other utilities located in that area affected by the vacation. All the utility companies have been notified and all bave responded saying they have no objection to the vacation. The petitioner, Ms. 6ai1 Yellner, stated the reason the vacation was needed was beceuse of a surveying error. 8A PLANNING COMMISSION MEETIq6, FEBRUARI' 27 1985� �� "''� PAGE 2 � . . MOTION by Mr. Oquist, seconded by Mr. Minton, to recomriend to Ctty Council approval of vacation request, SAV #�85-01,�G � G Builders by 6ary Wellner� to vacate a 3 foot by 12 foot section af a 10 foot utility and drainaqe easement on Lot 8, Block 1, Doty/Wellner Addition, because of placement of the dwe�ling at tl5 Satellite Lane N.E. UPON A VOICE YOTE, ALL VOTING AYE, CHAIRwOMAN SCHNA6EL DECLARED THE MOTION CARRIEO UNANI(�iJSLY. Mr, Robinson stated a public hearing was set for the March 18th City Council meeting. � 2. LOT SPLIT REOUEST: L.S. +�85-02, BY ST. ANTHONY VILLAGE SHOPPING CENTER: � o Zt o wo parce s, one par o o s an , o par o o s 17 and 18 (see file for legal) to be sold to Shorewood Inn for parking and buildinq expansion, the same being 6161 Highway �65 N.E. Mr. Robinson stated the location of this property was just east of Highway 65 and north of hbore Lake. The property was zoned C-3. The proeosal called for the splitting of two lots from a parcel owned by Max Saliterman. The two parcels are each approximately one acre in size. Mr. Robinson stated Mr. Max Saliternran was requesting the lot split, Qne acre wiil be sold to the aaners of the Shorewood Inn, to be used for additional parking and expansion of their facility. The remaining easterly parcel is to be held for future use. Mr. Robinson stated Staff had the following concerns: 1. In terms of the actual survey, there seemed to be some discrepancies as to the location of the utility lines within the pr000sed ease- ments. The CiLy needs a verifying survey done in order to locate the utility easenents. 2. The City was requesting a joint driveway easement between Sears Surplus and Shorewood Inn so the Cit� can close off the present service drive which creates a traffic problem because there is no stacking space for entrance onto Highway 65. This was a dangerous intersection, and has been a long standing concern of the City's. They feel this would greatly improve the traffic situation. 3. Park fee 4. That the lot split be recorded at the County as soon as possible. Ms. Schnabel stated she could understand the City wanting to close off the portion of the service drive, but she was concerned about tbe two property owners agreeing to share in the cost of improvements and maintenance of tf,e joint driveway. Mr. Robinson stated there were some other concerns on the sitz plan regarding layout of parking lot, irrigation, landscaping, etc., but these concerns will be addressed by Staff with the building permit. 88 PLANNING COMMISSION MEE7ING, FEBRUARY 27, 1985 PAGE 3 The petitioner, Mr. Saliterman, ►vas not in the audience. Representatives for the Shorewood Inn were in the audience. Mr. Lowell Ainas stated he was with Milo Architects i Engtneers, consultants for the Shorewood Inn. He stated the lot bein9 acquired at the uresent time Mould take care of the parking requirements and their present exoansion plans. They had absolutely no objection to the service drive change as Pronosed by Citv Staff with the closing of the service drive at the end of their parking lot. He stated the exact location of utility lines would be worked out. The other concerns Mr. Robinson had mentioned would also be worked out with the Citv. Mr. Ainas stated that as far as sharing in the cost of the joint driveway. some kind of agreement would have to be worked out between the two property owners. He personally did not feel it was samething that had to be determined at this time. If the Planning Commission wanted to recommend approval of the lot split subject to an arrangement being worked out with the City and the property owners within a certain timeframe, that would be acceptable to them. Ms. Schnabel asked how soon Shorewood was planning their remodeling and addition to the parking area. Mr. Ainas stated they would begin as soon as they received all the approvals from the City. They estimate a total of four months for the project. MOTION by Mr. Minton� seconded by Mr. Nielsen, to recomnend to City Council approval of lot split request, L. S. #�85-02, by St. Anthony Shoppinq Center, to spiit off two parcels, one part of Lots i6 and 17, the other oart of Lots 17 and 18 (see file for legal) to be sold to Shorewood Inn for parkinq and bui]ding expansion, the same being 6161 Highway #65 N,E., with the followinq stipulations: 1. Verifying survey be conducted for location of utility lines 2. The two property owners work with City Staff to establish a joint driveway. 3. The 1ot split be recorded at the County prior to the issuance of the building permit. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIM4USLY. Ms. Schnabel stated this item would go to City Council on March 18. 3. OT SPLIT REQUEST: L.S. �85-03 BY ROBERT S. GILSTAD: S lit off the ser y ee , excep e r er y ee o par o o . u itor's Subdivision No. 25 (see file for legal) to be used as a parking lot for the apartments on Lynde Qrive (Moore Lake Apartment Complex). 8C P�ANNING COMMISSION MEETIN6� FEBRUARY 27s 1985 PAGE 4 Mr. Robinson stated the parcel in question was located north of Lynde Drive and south of Hackmann right off Highway 65. The property r+as zoned commercial and abutted by single family on the north and Moore Lake Apartments on the south. The split was intended for an addition to the apartment complex which M►ould provide more parking. Earlier that day, Mrs. Gilstad had called and asked that t(�is item be tabled as they have not yet reached an agreement on the purchase price. MOTION by Mr. Minton, seconded by Mr. Oquist, to table lot split request. ��i85-03, by Robert Gilstad, until the next Planninq Comnission meetinq. UPON A VOICE VOTE, ALL VOTIN6 AYE. CHAIRWOMAN SCHNABEL DECLAREO THE MOTIOW CARRIED UNANIMOUSLY. 4. LOT SPLIT RE FQU ST: L. S. #85-04, BY J. A. MENKVELD b ASSOC., INC,• Split �L T; �TocTc '�,�roo v��7Cd'di t on Texcept tF�ou�t 1�6�t�hereof into three lots, 2- 10 foot lots and 1- 75 foot lot to be used for single family residences, the same being 1040-1050-1060 67th Avenue N.E. Mr. Robinson stated this property was lxated south of 67th Ave. and west of Brookview Drive. At the last Planning Comnission meeting� this was part of an overall concept for a townhouse develooment, but that request was withdrawn. Mr. Menkveld was asking that this property now be split into sinqle family lots which was consistent with the R-1 zoning in that neighborhood. Mr. Robinson stated the parcel in question was split prior to this. The old lot line which was approved by the City Council ran dow� the approximate center of the property; however, this split was never recorded at the County. At this time, Mr. Menkveld was desiring to split the parcel into one 75 ft. lot on the corner of Brookview and 67th and two 70 ft. Tots to the west. The total square footage of each of the lots was greater than required (9,000 sq. ft.). The easter�y lot was i0,iO3 sq, ft.. and the Lwo wesLer]y ]ots were each 9,380 sq. ft. Variances associated with the lot split involved the two westerly lots--from a lot width of 75 ft. to 70 ft. These variances would be heard at the next Appeals Conmission meeting so there was the oppor- tunity for a public hearing. Mr. Robinson stated that at this time, they would like to make the petitioner aware that he would be assessed for any street or utility improvements. The City was requesting two park fees since three lots are being created from what is now one lot. The petitioner, Mr. Menkveld, stated he felt this proposal would appease some of the probTems presented by the neiqhbors at the last public hsarinq on the toMmhouse development. He felt the lot split was very appropriate to all the city regulations. He had no prnblem with this going to the Appeals Comnission for a public hearing. Mr. Ferguson, 6811 Oakley St., stated he appreciated what Mr. Menkveld was doing by building single family homes, and they were very satisfied with the proposal. 8D PLANNING COMMISSION MEETIN6 FEBRUARY 27 i985 PAGE 5 Mr. Brubakken, 6810 Oakley St., stated he had no objection to the lot split. Mr. Dick Kemper and Mr. Robert Hu9hes, members of the Board of Trustees for the Michaei Servetus Unitarian Church, stated they felt the usage for single family homes seemed very apprnpriate for this location� and thev had no objection to the lot split. Mr. Robinson stated Staff was recomnending the following stipulations: 1. The petitioner agree to pay for any street and utility improvements. 2. The petitioner pay two park fees at S1�500 (�750 each). 3. The ]ot split be contingent upon aovroval of the variances. 4. 7he ioL split be recorded at the County prior to the issuance of any building permit. MOTION by Mr. Oquist, seconded by Mr. Minton, to recommend to City Council approval of lot split request, L. S. N85•04, by J. A. Menkveld b Assoc., Inc., to solit Lot 7, Block 2, Brookview 2nd Addition (except the South 100 ft. thereof into three lots. 2- 70 foot lots and 1- 75 foot lot to be used for single family residences, the same being 1040-1050-1060 67th Ave. N.E. with the following stipulations: 1. 7he petitioner agree to pay for an,y street and utility iMprovements. 2. The petitioner pay two park fees at a total of �1,500 (�750 each), 3. The lot split be continqent u�on approval of the variances. 4. The lot split be recorded at the County prior to the issuance of any building permits. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Schnabel stated the variances would go to the Appeals Commission on March 26. and then everything would go to the City Council on April �5. 5. RECEIVE JANUARY 10, 1985. HOUSING b REDEVELOPHENT AUTHORITY MINUTES: MOTION by Mr. Oquist, seconded by Mr. Nielsen, to receive the Jan. 10, 1985, Aous ng & Redevelopment Authority minutes. UPON A VOICE VOTE, ALL VOTING AYE. CHAIRWOMAN SCHNABEL DECLAREO THE MOTION CARRIED t1MANIMOt1SLY. 6. RECEIVE JANUARY 15L 1985� ENVIROM�IENTA! QIJALITI' COMMISSION MINtlTES; MOTION by Mr. Nielsen, seconded by Mr. Oquist, to receive the Jan. 15, 1985, nv�ronmental Quality Ca►mission minutes. UPON A VOICE YOTE, ALL VOTIN6 AYE, CHAIRNOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 8E PLANNING C()MIMISSION MEETING� FEBRUARY 27. 1985 PAr,E 6 7. RECEIVE JANUARY 22. 1985, ENERCY CONMISSION MINUTES: MOTION by Mr. Sielaff, seconded by Mr. Minton, to receive the Jan. 22. 1985, n�rgy Camii ssi on mi nutes . Mr. Sielaff stated the Conmission members had attended a Minneapolis Neigh- borhood Energy Workshop. The Comnission members had very impressed with the program and would be interested in pursuinq it for the City of Fridlev some time in the future. Right now, they are seeking grant funds from the Department of Energy and Econanic Development (D.E.E.D.j to be used for rental rehabilitation for low and moderate income single family, duplexes, fourplexes, and multi-family rental units to bring them up to 1985 energy standards. The Comnission had passed a motion at their last meeting direct- ing Staff to put together a resolution to the City Council that would authorize Staff to submit an application for grant funds. Mr. Robinson stated the P]anning Conmission menbers had a copy of a resolution Staff had prepared for presentation to the City Council on March 4. The resolution called for Staff to work with the Minnesota Dept. of Energy and Economic Development in procuring a�15,000 grant for use to staff a person who would coordinate the progra►ns with the MHFA and the Minnegasco House Doctor approach. They feel that if they are going to get into an enerqy proqrar�� they should start with sor.iething that �s manageab)e with the present staff and that would be successful. They felt low and moderate income was a good place to start. Ms. Schnabel stated that if the rehab was for rental �nits� generally rental units are for making a profit for the owner. While the need may be there to rehabiTitate a unit, she was a iittle concerned that the landlord should be responsible for the rehab. Mr. Robinson stated this would be a 50/50 grant so the property owner must share in the cost. Also the rehab was only for apartments or rental units in neighborhoods that are predominately low and moderate income. Mr, Sielaff stated the Energy Cortmission members had the same concern as Ms. Schnabei, but, as Mr. Robinson had stated, it was a 50/50 match on the rehab program. With the House Ooctor program, they will be getting monies from Minnegasco, but they did not feei it was right to fund tMe whole thing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. MpTION bv Mr. Sielaff, seconded by Mr. Nielsen, to concur with the Energy mmission to recomnend that the City Council approve the resolution to proceed with the D.E.E.D. grant to support an energy conservation program. Mr. Minton expressed concern about the project comnittee the Energy Comnission was forming to establish and implement an energy conservation program. Before the Energy Comnission started implementing this program� they should make sure a project conmittee reporting to a conmission would satisfy the State's requirements. 8F PLANNINr, CO�IISSION MEETING, FEBRUARY 27, 1985 PAGE 7 UPON A VOICE VOTE, AL! VOTING AYE, CFWIRWOMAN SCHNABEL DECLARED THE MOTION CARRIEO UNANIMOUSLY. 8. RECEIVE JAN�ARY 29 1985s APPEALS COMMISSION MINUTES: MOTION by Ms. Gabel, seconded by Mr. Minton, to receive the Jan. 29, 1985. pA—pe`aTs Comni ssion minutes. UPON A YOICE YOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED 7HE MOTION CARRIED UNANIMOUSLY. 9. RECEIYE FEBRUARY 4. 1985, PARKS b RECREATION COM+IISSION MINUTES: MOTION by Mr. Oquist. seconded by Mr. Nielsen, to receive the Feb. 4, 1985. �acT rs 8 Recreation Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE. CHAIRWOMAN SCNNABEL DECLARED THE MOTION CARRIEO UNANIMOUSLY. 10. RECEIVE FEBRUARY 12� 1985 �APPEALS COM+IISSION MINUTES: MOTION by Ms. Gabel, seconded by Mr. Minton, to receive the Feb. 12, i985, pA peaTs Cortmission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURM�tENT: MOTION by Mr. Oquist, seconded by Ms. Gabel, to adjourn the meeting. Upon a vo� ce vote, all voting aye, Chafirwoman Schnabel declared the Feb. 27. 1985, Planning �ommission meeting adjourned at 9:06 p.m. Respectfully submitted, yn e a Recording Secretary � 3, �/ 3 � �� _} � �� /� F �/�� J ,� /� � /�- • o � Z I / �� — � O �� O 0 O- � � 9 I � �1! � d z d � A •t � � L��?� j �1 -�nF�B �� / do r!V n_r � �� d r�"� � I °� � w : � �1.�. .�, - -•�,o �'zi� , • � � � . � o% '=° 8� / � e J /'Z � � �1' . I�n l� M � M � . � � 1 O' _ � � � • � J �r w � s� � � 'p J • � • Q � Q � �� ■ � � i i i i �Q �s �� o � �4 �� I_ .� . . � � � � � � � � L' RO�c OVtR4►A�t� O �1 �. SToR� �RAME. � ous� � �is � �2.� R+L�O� oYER►iMi(Z �- -- — -- -- � - ''-_ � G SAV #85=A9 • -. • � � ., . . . � �. ._..� s, p,y..,� �„�' rti .�. �:� . ±, � . . . :,. . i . �. . � . `°; . �- . ;� ��. �� N <, ;� � r� .� � : . ' i . � , � ,� L�*!C: :: . : � _ . � Description for partiel release of dreinage and utilit� : eeseaent on Lot 8, Block 1. Doty/Vellner Addition ...� � , C.ommencing at t6e southvest corner of Lot 8, Block l, � Dot�/Yellner Addition. thence South 89 degrees 45 '; •-•�' �inutes 04 seconds East, along the aouth line of said � Lot 8, a distance of 10.00 feet, to the eaaterl� liae of a drainage and utility easement; thence North 00 . degrees 13 minutes 18 seconds East. 33.56 feet. slong said easterlr easesent line; thence North 16 dcgrees 39 � �inutes 00 seconds Eest, 16.00 feet. along said . easterl� easement line, to the point of beginning of the parcel being described; thence Nozth 73 degreea 21 ■in�tes 00 seconds Yest, 3.00 feet; thence North 16 degrees 39 winutes 00 seconds East. 12.00 feet; thence South 73 degreeB 21 �inutes 00 aeconds Eest. 3.00 feet. to the said easterl� ease+�ent line; thence South 16 degree� 39 �inutes 00 seconds Yest. along said easterlr easement line. to the point of beginning and said parcel there ter�inating. All in Moka Countr. 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Roberf lin�bloon � 6'�'" A vENVE N F /�40N -----•- Z/S.SS • ---- - - /RON - - - %C.'. <4 2 :�D.o� / 6.5 � 7b�oo �j , 7558 - - - •- � � �M � � � ' � �� , � ' /07.0 � � , � � � � ti �r t� ' � —Q _. . � •' . � � o' , .. . w : w , �. ~ � !R��- - � O � � : . � D� ....� ._ P/529 , D:v:r:�n /:�s :w :w . � f 5 �'r0,1;. a � . 1c � ' ��ss 2 � O �i5�. ; i/l.id � � d1.7 � � • `, � ti. r3 b � ��'� M (�Oi � � � � � •37/FY RAME �` O II/LO�NS � su •�e � raas , iarsc' '!i�.oa : ; 2/S./ _._.._--- Z . - 0 � a � Sc�le: 1" : 40� . DES�RIPTION: Lot 7, Blxk 2, Brookview SeCOnd �daition. e he�eDy certlfy tAat this is � true snd corr�ct repfesenfetion of � su�veY o1 tne Dounderies of the len0 sDove descrlDed sn0 of t►ie toc�tton o/ell building; il eny, thereon, •nd all visiele tncroachmenta, if •ny, fran or on seid lena. sted tnls 23rd ds� of 4ctoDer � 1972� EWN, F lD b NOwAx rveyors � � i le No SBSI 80 �. Mo 1969 - 2fl � �Y � �ti, -y. ,� ,�� .� � � 0 � � j o � � 1�� r r o Q� �J d Z � � •S^ 1 r r � � % 1�-� o r�z- +; I'' = 30' �,�o K V l � L.v 13 4-. 0 4 ,, f,; �N � � � - IO, IG3 tp � � .t �--- - --- - _ r---T-� � rt.�Y:iAt-T D{�1'. i ^��SF Z �4� � p � C(.:1�.� I .7 0� dl �+= '.5F . N � � � r _� � � - --- - - - - r--_ i — T Q� L.�1 .:i._T �'�_1�� t �R �`i.� �' --- —_- - _=� � � ' - � � � 7c, - - I — — r, i � '— – -� .-- I` . ! � i '^ � � r� � r ; i ---� , : � � i : � 9�- , � , To" � � �� FiA�S Df<�Y� Z GAf2�+ j � 6�2GGE 1 ' � i �. �� a �,� � i _�C �: L_L L.S. �Y85-04 1040-1050-1060 67th Avenue h�,oT � 3 �. z i � � � j�^[L'� ItV�; �i.:G i : i ; �Ex �� 5 Io� � � I - - — �� v�✓'� ��r�-% r' ^` ;.: I -j�' 2l S. � 5 NC" �i9. � �� ' x' N - � --- — --- -- — —� � ---- �-� S �.: T� L l T( '�.ASE � R� '' 0 �L � -� � t � 4. z c, � y e � �-�. ,..� �o-'E � ��. � �,�;.;�c�-Tl�,� � o �-�__•... � t'c �_ ."�� C ,..�� - �� .�_.t5 Ic �;�4� c� 8a APPEALS COr1MiS5I0�� MEETINr,, FEBRUARY 12, 1985 PAGE 2 M6�i by Ms. Gerou, seconded by Mr. Plea�el, to receive the letter from IRr: � o er , ta dated Jan. 30, 1985, statinq that this request for variances has been w Upon a votce vote, all vottng aye, Chairpe 1 declared the r.iotion carried unanimously. 2. REQUEST FOR A VARIANCE PURSUANT TO CHAPTER 2�5 OF THE FRIDLEY CITY CODE I SE 3 I � S C , , . , , EY, equest y am ar ie , ayza a ou evar , t. ou�s ark, M'n -�j �IOTION by �4r. Barna, seconded b,y Mr.Plemel, to open the public hearing. Upon a voice vote, all voting aye, Chairperson Gabel declared the public hearing open at 7:33 p.m. Chairperson Gabel read the Administrative Staff Report: ADMINIS7RATIVE STAFF REPORT 5201 East River Road N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.18.3D.2 requires two side yards, each with a width of not less than twenty (20) feet. Public purpose served by this requirement is to provide adequate open saace areas around industrial structures for aesthetic and fire fight- ing purposes. B. STATED HARDSHIP: "There is more than enough distance be�ween Building #2 and Building #3 (40 ft.) to provide proper orooerty line to building setbacks (20 ft.). However, the actual property line occurs 5 feet from Buildina #3 and because that line is set by financing, bonding, etc., it is im�ossible to move it. Nerein lies the hardship. Also, this area between Buildings #2 and #3 has a cross easement aqreement avoiding any access questions." C. ADMINISTRATIVE STAFF REVIEW: The required 40 feet is being provided between the structures and this area will be a cross easement for access with no possibilitv of beinq reduced. For these reasons, the staff has no stipulations to reconmend if the Board moves to recomnend approval. 8R APPEALS COMMISSION MEETI��G, FEBRUARY 12, 1985 PAGE 3 Mr. Clark stated that because of the cross easement between buildinq #2 and building #3, this will not be noticeable to the pas6erb,y. There will not be any fencinq, just a driveway going between the two buildings. t4r. Clark stated the petitioners have already set up financinq based on these buildings with the present legal descriptions and for them to change that now would be a cumbersome, lengthy, and expensive vrocess. He stated he had agreed with the petitioners that it would be easier to get a variance for building #3 and get a cross easement so there was no way the buildinvs could encroach on that 40 ft, space. He stated both the architect and the developer were at the meeting to answer any questions. Mr. Barna asked if this area would be used for driveway deliverv access for building #3. Mr. Durionceaux stated this area could serve as access to the servicing areas of both building #2 and #3; thus the cross easement. The intention riqht now was that t�ese properties would remain with the existing owner; however, without the variance, if ever in the future this property would split, then officially the one building would not have a proper setback. So, they are trying to address that question now before it ever becomes an issue in the future. �4r. Dumonceaux stated that if this particular property line, which is very set by financing and bonding, couTd be moved (an option that is not very feasible), there would be no need for variances. The sites would both meet setback requirements. So, this seems the most approoriate way of resolving the nroblem. Mr. Duranceaux stated a cross easement goes along with the legal description, and no matter what happens to either site, both narties have the right to the use of the easement for access to their oroperties. He stated he had presented a copy of the legal description of the �ropertv to the Commissioners, an� the actual easement is presently being processed by their attorneys. MOTION by Mr. Plemel, seconded b_y �1s. Gerou, to close the public hearino. Upon a voice vote, all voting aye, Chairperson Gabel declared the public hearinq closed at 7:44 p.m. `1r. Plemel stated he thought they could see the petitioners' problem. The roadway going between the two buildings was not qoing to be a great concern as no one would ever know where the building was in relation to the lot line. He stated he would be in favor of approving the variance. Ms. Gerou stated she agreed with Mr. Plemel and was in favor of approving the variance. Mr. Barna stated this was similar to things they have done in the industrial development in the north end off University Avenue and Main Street. In this 8S APPEALS COMMISSION MEETINr,, FEBRUARY 12, 1985 PAGE 4 �articular area, utilizing the overall plan, he could see no problem. Whether there was a lot line there or not was�irtmaterial, other than the legality of it. As far as the aesthetics, access for safety reasons, or any other reason were all satisfied by the basic overail �lan of the entire development. He was in favor of granting the variance. Ms. Gabel stated she thought the hardship was well enough defined with the financing. This has been a very complicated package to qut toqether with the industrial revenue bonds, and it was certainlv easier to get the variance than to go back and redo the whole plan. She, too, did not think it had any significant impact on the overall plan. MOTION by Mr. Pleme], seconded by Ms. Gerou, to recomnend to City Council approval of a request for a variance pursuant to Chapter 205 of the Fridley City Code to reduce the required side yard setback from 20 feet to 5 feet for Phase 3 building to be constructed on Lots 2, 3, and part of 4, Block 2, Great Northern Industrial Center, the same being 5201 East River Road, Fridley, Mn. 55421. Upon a voice vote, all voting aye, Chairperson Gabel declared the motion carried uanimously. Ms. Gabel�stated this item would go to City Council on March 4. AD, MOTION by Hr. Barna, seconde to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Gabel declare 1985, Appeals Cormission meeting adjourned at 7:46 p.m. Respectfully subm'tted, �,, ,. ,� <..1� ,� Lynn Saba Recordinq Secretary __ � s � � � • .� �• � • • • �� si�r'! � ... _•:•_•_•1� vF � //, i !: /�, i :r .� � • /', '� � . / '// --�� '�� .�/ , � „��. �� - '�� ;�� .%� Y / /� � �� / ///�/i _ �i / � ��li `�Ii. �� i ��/. %///////. / ///////. � �� ,, .� � �;. ��; % /_ % . �� . ///.I I . / /�� I.f �� /� � / ��/� � �`� �� U �, r , � �' ' � ( . � . ,; � � N l�1 C'�QA� , , � c.J � ' ; , _, . �.� . �RD _ �"� � �' J� I � f. i � / � � I• w I � ' / �` f� , � �� i ' , t , ' GREA . ; � ' c,. � ; , , � �E • � , � i % ; i ' � � � ' � �J / �t p '` .! � � � ` ` ' •• -A� �• C j`� 11 /� � / � v � � � ' �lAOC� � � � � t ` ` ` �' � � � _ _ O _�� ,� � � ' �� 20'fos, i �� OUTLOT AA 'a I7 ; - �+- �i __ ,.•. y.� � ��` �• y ��A� /'• � � � I. � • R � � f A`�y` S A• = • •� ■ l // .� �A� �_ �' `` `� , �~�y+ � �. 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Q � � . � � � � ,_ � � ��,� . ; , ,� . � � � , � s_ . ; � � a , T_ - �R , — � ' � �� '� . _- :,�. m--- � 1 � �� ,� � � � z " � �� ti �, �. �; � - � �I. • •.� � � r- • 1�N OPDII�IANCE UNDPdt S'�CPlat�l 12.07 OF THE CITY C8r►RTBR TO VX?►7E S1REE1'S Ai�D 1�►I.IEYS AT�D 10 A[�1dD APP@IDIX C Oi� �S QZ'il C� �e City Camcil of the City of Fridley does ordain as followrs: SECrIQd 1. For the vacation of a drainage and utility easement described as f ol lows: Cam�cing at the souttn�est oorner of Lot 8, Block 1, Doty/Wellner Addition, thence South 89 degrees 45 minutes 04 seconds East, along the south line of said Lat 8, a distance of 10.00 feet, to the easterly lire of a drainage and utility easem�t; thenoe North 00 degrees 13 minutes 18 seconds East, 33.56 feet, along said easterly easement line; thence North 16 degrees 39 minutes OU seconds East, 16.00 feet, alang said easterly easement line, to the point of begi,nning of the paroel being described; thence North 73 degrees 21 minutes 00 secorx3s West, 3.00 feet; thenoe North 16 degrees 39 minutes 00 seoonds Fast, 12.00 feet; thence South 73 degrees 21 minutes 00 seconds East, 3.00 feet, to the said easterly easement line; thence South 16 degrees 39 minutes 00 seconds West, along said easterly eas�ment line, to the point of begining and said parvel there tecminating. A11 in Anoka County, M.inresota. All lying in the Scwth Half of Section 14, �30, R-24, City of Fridley, Co�aity of Anoka, Minresota. Be and is hereby vacated. SDCI'ICN 2. Tl�e said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter ana Appendix C of the City Code shall be so amended. AASSm AND ADOPTm BY 7�iE QTY �JNCIL (F THE CITY QF FRIDLEY 7�iIS DAY OE' , 19ffi . WILLIAM J. A+�E - MAYOR A'!'�T: SIDt�'Y C. II1rlAN - CITY Q,F.RIC Public Hearirg: March 18, 1985 First Reading; Seo�rx9 Readirg: Publish: J X RF.9��[l't'IC�I AD. — 1985 RF�Q,(TI'IQd AUFI�ORIZII� SIGNING AN AGREF9rtENT FOR CERTAIN fMPL�OYFFS RE�RFSENTED BY I,OCAL N0. 49, AFIrCIO (PUBLIC W�OI� P+OR 1984-1986 FhIERF�, International Union of Operating F�gineers Local No. 49, AFLrC10, as bargaining representative for certain Public Works employees o= t��e Ci�y of Fridley, has presented to the City of Fridley various requests relating to ttie working cunditions of enployees of tne Public Works Departrnent of the Cicy of Frioley; and WH�'RFAS, the City of Fridley has presented to the designated representatives of La:a.� 49 various requests relating to working conditions of employees oz tne Pualic Works Departmert of the City of Fridley; and WtitRF�S, representatives of tne Union and tne City have met and negotiated regarding tne requests of tne Union and the City; and c•7HEHFI�S, agreenert has now been reached between representatives ot tc,e two parties on tne proposed changes to tne existing agrea�ent between tne City and tne Union; r�,W, Z�IEREE`C)RE, BE IT RESOi.vE� by the City of Fridley that such agreement is hereby ratified and that the rlayor and tne City Manager are hereby auchorized to sign the attached Agreenent includin9 Appendix A and Appendix B relating to working conditions of employees of tne City of Fridley Pudlic Works Depa rtrnent. PASSm A[�ID AuOrl�m BY T�IE CITY COUNCIL �' Z�iE C1TY OF FRIDLEY ZT�IS D�AY OF . 1985. WILLZAM J. I+�E - MAYOR AT'I'�ST: SIt�IVh'Y C. INN�N - CITY CZERR E� 9A r�� r,,AeoR �cx�Fa�rrr Be�a� � ME.'Z1iAPOLITAN ARF�i MAI�GF�'NP AS90CZATTQd (MAM� Blaine Brooklyn Center Erooklyn Park Burnsville Circle Pines Col�anbia Heights Cottage Grove Crystal R�FNTII� �HE CIT'iES a': Eden Prairie Edina �Fridley Golden Va11ey Hopkins tliru�etonka i►bunds View Piew Ho�pe . ► Oakdale Richf ielci Robbinsdal.e Rosevil le St. Anthony St. Louis Park White Bear Lake INrE�d�TICJNAL [JNIQ�1 OF OPERATIIT E1�II�QiS ( IUOE) LOCAL AD. 49, • «• JAI�JARY l, 1984 - DDCFS'BE�t 31, 1986 9B �v� :_ " � ' �� s�4>>��, ARTICLE PAGE I PUR1aC�SE CF AGREEME'Mr . . . . . . . . . . . . . . . . . . . . 1 IIRD�GIVI'TION . . . . . . . . . . . . . . . . . . . . . . . . -I III(JNION SEQJRI'I'Y . . . . . . . . . . . . . . . . . . . . . . . 1 NfI�1PLAYER SECURITY . . . . . . . . . . . . . . . . . . . . . 2 VQ1P'L�OYER AU'IHORITY . . . . . . . . . . . . . . . . . . . . . 2 VI EMPL,OYE E RIGH'I5—GRI EVANCE PROCIDURE . . . . . . . . . . . . 2 VIIDEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . 5 VIII SAVIl�S CI.A[JSE . . . . . . . . . . . . . . . . . . . . . . . 6 IX6JORiC SQ-IEDUI�S . . . . . . . . . . . . . . . . . . . . . . 6 XOVERTIP'� PAY . . . . . . . . . . . . . . . . . . . . . . . 6 XICALL Bl4CSC . . . . . . . . . . . . . . . . . . . . . . . . 7 XII LFx'�AL DEFQJSE . . . . . . . . . . . . . . . . . . . . . . . 7 XIII RIGHT OF SUBC�I'I�2ACT . . . . . . . . . . . . . . . . . . . . 7 XNDISQFLINE . . . . . . . . . . . . . . . . . . . . . . . . 7 XVSENIORITY . . . . . . . . . . . . . . . . . . . . . . . . . 7 XVI PR�ATIONARY PERIODS . . . . . . . . . . . . . . . . . . . . 7 XVIIS�AFETY . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 XVIII JCB P'OS�II+� . . . . . . . . . . . . . . . . . . . . . . . . 8 XIXINS�.IRANCE . . . . . . . . . . . . . . . . . . . . . . . . . 8 �C HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . 9 XXI SOOPE UF' AGREQNII�1'I5 . . . . . . . . . . . . . . . . . . . . 9 XXIIWANIIt . . . . . . . . . . . . . . . . . . . . . . . . . . 9 XXIII D(JRAZ'IQd . . . . . . . . . . . . . . . . . . . . . . . . . 9 APPFI�DIX A — WP�FS . . . . . . . . . . . . . . . . . . . . .11 APPF�IDIX B — IACAL ADDfI�IDtJM . . . . . . . . . . . . . . . .13 -i- 9C :•- ��s f � �� « • . . . �� • �� -� • � • • • - a • • � a � i �• • v� � •� M • AR�IQ�E I. AJRFa05E OF AGRF.II�1�r ihis AGREII�IT is entered into between the QTY OF FRIDLF.'Y, hereinafter called the EM.PLOYER, and the Local No. 49, International Union of Operating �ngineers, AF'IrQO, hereinafter called the UNION. It is the intent and purpose of the PGREII�IT to: 1.1 Establish certain hours, wages and other oonditions of enployment; 1.2 Establish procedures for the resolution of disputes concerning this PGREII•�IT' S interpret�tion arid/or apglication; and 1.3 Specify the full and oomplete �cierstanding of the Farties; and 1.4 Plaoe in written form the �rties' agree�ent upon terms and o�rxjitions of anplayrnent for the duration of this AGREEMENT. The EMPLOYER and the Ur+ION, through this AGRE�IT, oontinue their dedication to the highest quality of public servioe. Both parties recognize this AGREEMENT as a pl edge of th is dedi cati on. ARTIQ.E II. RDOJGNITICN 'IYie E!�'�LOYER reooc�izes the UNION as the exclusive representative for all job classifications listed belaa whose enplayrnent secvioe e�aceeds the lesser of 14 hours pec week or 35 peroent of the normal work week and more than 100 work days per year, exclud.ing supervisory, vonf idential and all other enployees: !•laintenanoe III Specialist I'aintenanoe II I�aintenanae I ARTIQ�E III. tJNICZI SECURI'i'Y In reoo�ition of the UNION as the exclusive representative, the EMPLOYER shal l : 3.1 Deduct each payroll period an aanamt s�fficient to provide the payment ot dues established by the UNION from the wages of all employees authorizing in writing such de�uction, and 3.2 Renit such deduction to the ap�xopriate desic�ated off ioer af the UNION. -1- 9E desi�nated s�pervisor who has c3etermiried that such absence is reasonable and would not be detrimental to the work pragrams of the F]�iAYFR. • ;.�_ }� I: :r Grievances, as def ined bY Section 6.1, shall be resolv�ed in oonformance with the follawing prooeaure: �� An EMPLOYEE claiming a violation concerning the inter retation or application of this AGRE�IT shall, within twenty-one �21) calendar �ays after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPL,OYER�desic�ated representative will discuss and give an answer to such Step I grievance within ten (10) ca2endar 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 b�5ed, the provision or provisions of the AGREF1r1ENT allegedly violated, and the r�nedy requested and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the [7I3TON within ten (IO) calendar days sha11 be considered waived. 0 If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYE&-designated Step 2 representative. The flMPLOYF,,'R-desic�ated representative sha1l give the UNION the EMPLOYER' S Step 2 an�er in writinq within ten (10) calendar 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 FI�iPiAYEi�desic�ated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the [JNION within ten (10) calendar days shall be considered waived. �� If ap�aealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYEF�designated Step 3 representative. The EI�tPiAYER�-desic�ated representative shall give the UNION the EMPLOYER' S answer in writing within ter (10) calendar days after receipt of such Step 3 grievance. A grievance not resolv�ed in Step 3 may be appealed to Step 4 within ten (10) cal�dar days follaaing the EMPLOYER-designated representative's final answer in Step 3. Any grievance not appealed in writinq to Step 4 by the iTNION within ten (10) calendar days shal 1 be considered waived. _0 A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days follawing the EMPLOYER'S final answer in Step 4. Any grievance not appealed in writin� to Step 5 by the IJriION within ten (10j calendar days shall be considered waived. -3- � 9F A grievance unresolved in Step 4 and appealed in Step 5 shall be submitted to arbitration subject to the provisions of the Public E�nplayn�ent Labor Relations Act of 1971, as amP.r►ded. Z!'�e selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public F�nployment Relations Board. . ::�- y:._��: : �1.��: 1► A. The arbitrator shall have no right to amend, modify, nullify, ic�ore, add to, or s�tract from the terms and conditions of this AGRE�I'. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the tJNION, and shall have no authority to make a decision on any other issue not so submitted. B. Tt�e arbitrator shall be without poi✓er 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 sha11 be submitted in writinq within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, �ailess the parties agree to an extension. The decision shall be binding on both the F��lPL,OYER and the iJNION and shall be ba.5ed solely on the arbitrator's interpcetation or application of the express terms of this AGREEMF� and to the facts of the grievance presented. C. �e fees and expenses for the arbitrator's services and proceedings shall be borne equally by the E3�IPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the reoord. If both pacties desire a verbatim record of the proceedings, the oost shall be shared equally. , : u�: If a grievance is not presented Within the time limits set forth above, it shall be considered ; waived'. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the E3�lPL�OYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. T�e time limit in each step may be extended by mutual agreenent of the aiPi�OYER and the (TNION. M.;� �=�i " ; >ti�}� `� If, as n result of the EMPLOYER response in Step 4, the grievance remains unresolved, and if the grievance involves the suspension, denotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed to Step 5 of Article VI or a procedure such as: Civil Servioe, Veteran's Preference, or Fair -4- 9G F�nplayment. If appealea to any prooedure other than Step 5 of Article IV, the grievance is not sub�ect to the arbitration procedure as provided in Step 5 of Article VI. T}�e aggrieved employee sha11 indicate in writing which prooedure is to be util ized (Step 5 of Article VI or another appeal procedure) and shall sic� a statenent to the ef fect that the choice of ar�y other hearing precludes the aggrieved employee f rom making a subsequent appeal through Step 5 of Article VI. ARTICLE VII. D�II�IITIC�IS �►� �,� zlze International Union of Operating Engineers, Local Ab. 49, AFLrQO. 3�y1� �}�� , 1l�e individual m�u�icipal ity desic�ated by this AGREE��. ��i �,. � sr�: �; A menk�er of the International Union of Operating Engineers, Local 49, AF'LrCIO. ?Y J �� 7�, A ment�er of the exclusively rec.oc�ized bargaining unit. :; w � ! 'Iiie F2nployee's hourly pay rate exclusive of Iongevity or any other special allaaance. �� • ; 4 I�ength of continuous service in any of the jab classif ications covered by ARTICLE II - RECOGNITION. 6nployees who are promoted from a job classification covered by this AGREEMENT and retucn to a job classification ooveced by this AGREE3�iENT shall have their seniority calculated on their lenqth of service �mmder this AGREII�iE3�TP for purposes of pranotion, transfer ar�d lay off and total length of servioe with the II�lPLOYER for other benef it �der this AGREEINF.[1P. �►/�: ��. Payment made to an enployee upon honorable tennination of emplvyme�t. �./�:�M �� Work perfotn�ed at the express authorization of the �+lPLCJYER in excess of either eight (8) hours within a tw�ty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. -5- 9H 7.9 S�i,k�A� Return of an employee to a specif ied duties at the express authorization of an assic�red shift. An extension of or is not a call back. ARTICLE VIII. SAVII�.S Q�AD.S� work site to perform assigned the Q�i�YER at a time ather than early repert to an assigned shift 2}�is AGRE�tT is subject to the laws of the United States, the State of Minnesota and the signed m�icipality. In the event any provision of this AGREEMENT shall be held to be contracy to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other prrn�isions of this AGRE�!'shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. • •� « � � • •.� -�• }� :�. 9.1 Zi�e sole authority in work schedules is the EI�Pi�ritER. The normal work c:ay for an enplvyee shall be eight (8) hours. The normal work week shall be forty (40) hours Mor►c3ay through Friday. 9.2 Service to the public may require the establishment of regular shifts for some enployees on a daily, weekly, seasonal, or annual basis other than the nocmal 8:00-4:30 day. �e EMP'LOYER will give seven (7) days advance notice to the enplcyees affected by the establishment of work days different fran the enployee's normal eight (8) hour work day. 9.3 In the event that work is required because of �usual circ�nstances such as (but not limited to) fire, flood, snvw, sleet, or breakdown of mmicipal equipnent or facilities, no advance notice need be given. It is not required that an enplvyee working other than the normal workday be scheduled to work more than the eight (8) hours; however, each enplayee has an obligation to work overtime or call backs if requested unless unusual circ�m.stances prevent the enplvyee fram so wo�king. 9.4 Service to the p�lic may require the establishment of regular work weeks that schedule work on Saturdays arx�/or S�ndays. Att'iICLE X. WE�TII� PAY 10.1 Hours worked in excess of eight (8) hours within a twe�ty-fout (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period wil 1 be compensated for at ore and one-half (1-1./2) times the employee's regular base pay rate. 10.2 Overti.me Kill be distributed as equally as practicable. 10.3 Overtime refused by anplayees will for record purposes under ARTICLE 10.2 be oonsidered as �paid overtime worked. 10.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyranided, oanpo�ded, or paid twice for the same .�+srka worked. h.vrs - 6 - 9I �c�r.E xi. c�r.t, �a An enplcryee called in for work at a time other than the e�nployee's normal scheduled shift will be c�aFensated for a minimm of two (2) hours' pay at one and one-half (1-I/2) times the enployee's base pay rate. ARr'IQ� XII. I$'�L DFFH�SE 12.1 E�loyees involved in litigation because of negligence, ignorance of laws, norr-observance of laws, or as a result of employee judgmental decision may not reoeive legal defense by the mta�icipality. 12.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of the anplvyee' s enplym�ent, when such act is pe rf ormed in good faith and under direct order of the employee's supervisor, shall be reiirt�ursed for reasonable attorney's fees and court costs actually incurred by such enplayee in defending against such charge. ARTICLE XIII. RIQ�T � Nothing in this AGREDrIF3+TT shall prohibit or restrict the ric,ht of the EMPLOYER from subcontracting work perforn►ed by enplvyees oovered by this AGRE�P. AkTIQE XIV. DI9QPLII� �e E2'IPLdYER will discipline enployees only for just cause. ARTICZE XV. SENIORITY 15.1 Seniority will be the determining criterion for transfers, promotions and lay-offs only when all job-relevant qualification factors are equal. 15.2 Seniority will be the determining criterion for recall when the job-relevant qualification factors are equal. Recall rights under this provision will continue for twenty-four (24) months after lay off. RecaZled emplayees shall have tpn (10) working days after notification of recall by registered mail at the �nployee's last known addcess to report to work or forfeit all reca�ll rights. ARZ'ICLE XVI. PRCBATIC�iARY PERIm6 16.1 All newly hired or rehired employees will serve a six (6) months' probationary period. 16.2 All gnplayee's will serve a six (6) months' prabationary period in any job classification in which the enplvyee has not served a probationary period. 16.3 At ariy time during the probationary period, a newly hired or rehired emplayee may be teaninated at the sole discretion of the Ea4PL0YER 16.4 At any time during the probationary pe�iod, a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the F2'1PLOYER. -7- 9J AKiICLE XVII. SA►FEZY The ETlPLOYER and the UNION agree to jointly pranote safe and healthful w�orking conditions, to ooq�erate in safety matters and to encourage enployees to work in a safe manner. ARTICZE XVZI. JCB I�06'PII� 18.1 Z!�►e F�lPLOYER and the UNION agree that peatanent jab vacancies within the desic�ated bargaining unit shall be filled based on the concept of pramotion frorr► within provided that applicants: 18.11 have the necessary qualifications to meet the standards of the job vacancy; and 18.12 have the ability to perform the duties and responsibilities of the jab vacancy. 18.2 Finplayees filling a higher job class based on the provisions of this ARTICLE shall be subject to the oonditions of ARTICLE XVI (PROBATIONARY PERI�) . 18.3 The EMPLOYER has the right of final decision in the selection of etr.ployees to fill posted jobs based on qualifications, abilities and experience. 18.4 Job vacancies within the designated bargainicig unit wiZl be posted for five (5) w�orking days so that mernbers of the bargaining unit can be considered for such vacancies. ARTICZ,E XIX. II�L�JR�IAI(B 19.1 Zl�e ET�lPLOYER will oontribute up to a maximm of one hundred fifty-five c3ollars (5155.00) per month per �nployee for group health and life insurance including dependent ooverage for calendac 1985. 19.2 ZY�e EMPL�OYER will contribute up to a maximar+ of _ _ _ per month per employee foc group health and life insurance including dependent voverage for calendac 1986. 19.3 By mutual agreenent enployees may use fifteen ciolZars (515.00) per roonth per e�Iayee of health insurance dollars in 19.1 and 19.2 for dental insurance for all �it enployees. 19.4 �loyees not choosing dependent ooverage cannot be covered at EMPLOYER expense for any additional insuranoe than the individual group health and group life insurance. Additional life insurance can be purchased by psnployees at the empl oyee' s expense to the extent al lowed unde r the EMPLAYER' S group policy. 19.5 Individual emplayees may pravide for an increased E�tPLOYER oontribution for insuranoes over that amount stipulated by 19.1, 19.2 and 19.3 by lawering their salary frcm the rates stipulated in APPQDI7� A to provide for an increasecl EMPLOYER contribution which will fully pay for the employee's health, life and dental insurance including dependent coverage. -8- 9K �ct� �a. �ot.me►xs �he F2lPL0YER wi11 provide eleven (11) paid holidays. ARt'ICZ�E �CI. 9�E tF AGRE�?�S No addendum to this MASTER AGREFrtENT can be in conflict with this MASTER AGREETSEi�lr. ARTICLE )OCII. WAIVIIt 22.1 Any and all prior agreenents, resolutions, practices, policies, rules and regulations regarding terr,�s and conditions of employment, to the exte�t inconsistent with the provisions of this AGREEMENT, are hereby superseded. 22.2 The parties mutually acknowledge that during the negotiations which resulted in this AGRE�tr, each had the unlimited right and opp�rtunity to make denands and proposals with respect to ar�y term or condition of er.plc�yment not removed by law from bargaining. All agreements and understandings arrived at by the pa rties are set forth in writing in this AGREEMENT f ot the stipulated duration of this AGREEMENT. The F?9PLOYER and the UNION each voluntarily and unqualifiedly waives the right to cneet and negotiate regarding any and all terms and conditians of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employrr��t not specifical2y referred to or covered by this AGRE�r, even though such terms or conditions may not have be�n within the knawledge or contenplation of either or both of the parties at the time this vontract was negotiated or executed. ARTICLE JIXIII. DURATIQd Zhis AGREfI�lENT shall be effective as of January 1, 1984 and shall remain in full force and effect until the 31st day of Dece�nber, 1986, except that either party may reopen for negotiations for calendar 1986, the wages rates in 11PPETIDIX A and the amamt of insurance to be sham in article 19.2. IN WITNESS tdHt�EQF, the g3rties hereto have executed this AGREEMENT on this day of . 1985. �� FOR Z4iE N�?'IIi�F'Oi,.ITAN ARF�► M�I�GFl�'�TT P�S90CIATIGN i M�MA� �/James R. Spore 9L FOR �E INt'E�TIQ�IAL IJNIQ�I � O�ERATII� PI�GIl�H:ERS, IACAL AD. 49, AErirQO: Fred Deresch�k $/John J. Lackner _ John M. Schouveller S,/John H. Peterson ___� alter I. Nielsen Tim R. Gonnors � F�OR ZiiE QTY � FRIDL6Y 'i1liaQn Jirleei_ or _ _ S,/Nasim M. Qureshi, City Mana_�er — 10 — 9� APPf'SDIX A WAGFS A. Tl�e follawing wage schedule will be in ef fect f rom the f i rst payroll period'in 1985 through the last payroll period in 1985: f�lAIrTTEiVANCE III . . . . . . . . . . . . . . . . S 11.7 8 per hout SPECIALIST . . . . . . . . . . . . . . . . . . 11.54 per hour �•1AIrn'ENANCE II . . . . . . . . . . . . . . . . 11.30 per hour hfAItTTE1vAIVCE I . . . . . . . . . . . . . . . . 8.14 per hour B. All new er�layees hired after February 7, 1984 may be classified at the sole discretion of the individual cities covered by this AGREEMENT as MAIritEIVANCE I and receive Working Out of Classification pay as provided by Section C of this APPETIDIX. C. WORKII� OIJT OF C�SSIFICATION PAY Gl. �}nplayees required by the EI�IPLAYER and who are adjudged by the EMPLOYER to be qualified to operate the follvwing itens of equi�nent will be paid the MAINTQV�IVCE III rate of pay for those hours assigned to the unit: (Heavy equipnent itais are those listed in the LACAL ADDENDUM to this MAS'rE�t PGRE�Ir. ) C-2. Employees hired after February 7, 1984 in the MAINTENANCE I classif ication who are required by the i•MMPIAYER and who are adj udged by the E�+IPLOYER to be qualified to operate the following itens of equiFrnent will be paid the MAINTQ+]ANCE II rate of pay for those hours assigned to the unit: Backhoe - Under 15' Reach Blacktop Paver Bobcat - BcRibardier or 1� Trackless Boom Truck Boan Truck - 30' and Over Brush (�ipper Cement Nlixer Chip Spreader/Self-Propelled Crawler Tractor - Under 50 H.P. Loader - 1 Yd. or More . . . Oil Distributor Paint Striper - Truck Mounted Rollers (steel and r�ber) Over 6 Ton Rollers - 6 Zbr► arid Over Sewer Qeaner, I3ydraulic ar�d Vacuun Steam Boiler Tandettis � Tree S�ade - 11 - � Trucks - 10 Zbn, 4 WD Trucks - Single-Axle Over 24,000 GVFI Any vehicle requiring a State of Minnesota "C�dSS B" �2tdtOLS L1Cel19E C-3. fh�loyees assicg�ed by the alPiAYER to Utility Operator will be paid the wage rate of the job classification to which the enployee is assic�ed. -12- • �, APPH�IX B TO RE9Q�[TI'It�i AA. - 1985 • LACAL IABOR AGRE�P BEII�TE@I ZHE QTY �' FRIDI.EY AI�D II�F�►TIQ�IAI, UDIIQ�1 QF' OPERATII� EI��II�E�iS IA('AL PD. 49 AEirC10 ( JAt�7F,RY 1, 1985 'I�D DDC�BER 31, 19 86 ) ARTIQrE A. DFFIIJITIQ�LS 1. STA[�IDBY PAY: Compensation for standing by at the City's request, or being available for work on days that are normally considered to be employee's day of f . ARTItZE B. ArII�itAL LEAVE 1. Fach enployee shall be entitled to annual leave away from enplvyment with pay. Annual leave may be used for scheduled or emergency absences from enplayr,�t. Rnnual leave pay shall be cor�puted at the regular rate of pay to which such an enplayee is entitled; provided, however, that the amount of any compensation shall be reduced by any payment received by the enplayee fran workers' c.ampensation insurance, Public Dnployees Retirenent Association disability insurance, or Social Security disability insurance. An er.►ployee's acc�nulation of annual leave will be reduced only by the �ount of annual leave for which the enployee receives oanpensation. 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 first come, first served basis. 3. A beginning �nployee shall accrue annual leave at the rate of eighteen (18) days per year for the first seven (7) years (84 successive months) . An enplayee who has worked seven (7) years ( 84 successive months) shall accrue annual leave at the rate of twenty-four (24) days per year, beg inning with the eighty-f if th ( 85 th) month of suocessive enployment. Ar� employee who has worked fifteen (IS) years (180 successive months) shall accrue annual leave at the rate of twenty-six (26) days per year, beguining with the ore h�dred eighty-first (181st) month of consecutive enplqmient. Tl�ese rates are based on a forty (40) hour regular wock week. �iie actual a�nount credited to an enplayee in ariy given pay period shall be prorated acoording to the actual number of regular hours worked during -13- 9P that pay period. Hours worked on wertime, callback, or st,andby stiall not enter into the calculation of the accrual af annual leave. 4. For an employee hired on or after July 1, 1983: The maximun total acc�mulation of annual leave at the end of any given year sttall be thirty (30) days. 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 op��.ort►..ality to exchange up to three (3) days of accunulated annual leave for cash. At the same time, an enployee who has vompleted f ifteen (I5� years of servioe with the City will have the oppc>rtunity to e�achange up to S days of acc�nulated annual leave for cash. 5. Fbr an eaployee hired before July 1, 1983: Vacation accrued but unused as of June 30, 1983 shall be converted to annual leave at the rate af ore (1) day of aruwal leave for ore (1) day of vacation. Accrued but unused sick leave as of June 30, 1983 shall be oonverted to annual leave acoording to the following schedule: a. lst 45 days @ 1 day of annual leave for 1 day of sick leave b. 2nd 45 days @ 1 day of annual leave for 2 days of sick leave c. Rsnair�der @ 1 day of annual leave for 3 days of sick leave In 1 ieu of severanoe pay, one hour of annual leave sha11 be credited f or each f ul l month of enpl ayment up to a maxinun of two h und r ed f o r ty ( 240 ) hour s. �he total amo�t of annual leave credited to the enplayee`s balance as of July 1, 1983 shall be equal to accrued but unused vacation plus the amount in lieu of severanoe pay. If up�n oonversion to the annual leave plan an e�playee's accuilulation of annual leave ex�ceecis thirty (30) days, that amount shall be the maxim�un total acc�nulation (cap) for rhat enplayee at the end of any subsequent year. Onoe a year, at a time ciesic,�nated by the City, an enployee will have the opport�ity to exchange up to five (5) days of acc�miulated annual leave f or cash. In addition, onve a year at a time designated by the City, an employee with an acc�nulation of annual leave in excess of thirty (30) days will have the opport�mity to e�ochange up to f ive (5) days of annual Ieave for cash. S1�ch an exchange shall re�uae the maximun total accunulation (cap) of an emplvyee by an equal anauit. 6. Upon separation f ran enpivyment with the City, an employee will be pnid ore (1) day's salaty for each day of accrued annual leave renaining in the enptoyee's balanoe. - 14 - 90 ARTICLE C. 580RT TF.F�! DIS�BII�ITY l. Each e�loyee who has suocessfully oa�pleted tl�e e�nplcyee's probationary period shall be eligible for short term disabi2ity benefit. Such an e�loyee shall be entitled to full pay comn�encing on the twenty-f irst (21st) consecutive working day on which the enployee is absent due to a physiciarrcertified illness or injury, whether on or off the job, and continuing until the eaployee returns to work able to ca rry out the full duties and responsibilities of the eaplayee's position or through the one h�dred and tenth (110th) working day of absence, whichever xcurs f irst� provided, however, that the ana�t of any oanpensation shall be reduoed by any payment received by the disabled eaployee fran workers' compensation insurance, Public �ilq►ees Retirener►t Association disability insucance, or Social Security disability insuranoe. Payn�ent of short teon disability benefit by the City to an enplvyee sha11 not exceed ninety (90) working days for any single i2lness or injury, regardless of the number and spacing of episodes. �e annual leave bal ance of an employee receiving short term disability benefits shall not be reduced, nor shall such enplayee accrue annual leave during that period. Z. Before any short term disability payments are made by the City to an employee, the City may request and is entitled to receive from any elnployee who has been absent more than twenty (20) working days in succession a certificate si�ed by a campetent physician or other medical att�dant certifying to the fact that the entire absenoe was► in fact, due to the il].ness or injury and not otherwise. _ The City also teserves the right to have an exanination made at any time of any employee claiming payment �der the short tecm disabil ity benef it. S�ch exaQnination may be made on behalf of the City by aciy oompetent person desi�ated by the City when the City deens the same to be reasonably necessary to verify the ill.ness or injury claimed. 3. If an enployee hired before July 1, 1983 has received payments under the injury-orr-duty provisions of previous oontracts, the number of days for which payment was reoeived will be deducted f rom the number of days of eligibility for coverage �der short tecm disability for that same injury. ARTICLE D. STIA�Y PAY AI�D MIIV�[�! GLdB�C FOR S'�8Y �lPi�OYEFS l. a. F�nployees who are designated by the City Manaqer to serve in a "standby' status on behalf of the City on a Saturday, Sunday or Holiday will reoeive as compensation for such service as "stan�y" two (2) hours of overtine pay for each day served in such status. b. E�nployees required to 'standby" during the week will receive as campensation for such servioe four (4) hours pay at the avertime rate. c. If on any such day the anployee in 'standby' shall actual2y perfon work for the City, he shall be entitled to oompensation for each hour or portion thereof actually wurked at the wertime rate of pay, which shall be in addition to the star�iy pay. 2. An Dnplvyee who is on stanciyy and is called out to perform work shall be paid a minim�n of ore (1) hour avertime for performing such �rork. -15- 9R ..� � - :. i• • -- 5� v � ••�r• 1. Zi�e City will pay tuition costs for training courses relevant to the anployee's present or anticipated career responsibilities at City-appraved institution8. The City will pay fifty percent (508) of the cost of tuition in advance and the Fmployee will pay the otber f ifty percent (50$) .'Il�e �3nQlvyee will be required to present to his Depactment eead a certification of satisfactory work when the course is ooc�leted. a. Courses issuing a letter grade: A"C" or abave is required. b. Courses issuing a ninaerical gracie: A"70' percentile is required. c. Courses not issuing a grade: A certification f rom the instructor oertifying that the student has satisfactorily participated in the activities of the oourses is required. 2. If the F�loyee satisfactorily odnpletes the oourse, he will be rei�ursed for the additional fifty percent (508) of the tuition. 7�e City will not reimburse the E�nployee for fees which are charged for instruction, associated a�ninistrative expense, books, student membership, student health coverage and other charges for which the student receives some iten or setvice. 3. The City will not rei�burse the F7nployee for expenses reimbursed under some other education systen or program, i.e., G.I. Bil 1. ARTICLE P. FZJDF.RAL PAY In case of death accurring in the immediate family of an Elmployee, such an F2nployee may be excused from work for up to three (3) days with additional time off granted by the City I�fanager if additional time is needed. This time off shall not subject the F�layee to loss of pay. For this purpose, members of the imrediate family of the Dm �loyee are considered to be the following: spouse, child (Natural or adopted), parent, grandparent, brother, sister, mother-irr�law or father-iri-law. ARTICLE G. J[]RY PP►Y AI�D WT�S FEES An E�nployee who has been duly su�ned for jury duty in any oourt, or who has bee� duly s�muroned as a witriess in any prooeeding, shall be excused f rom work in acoordance therewith, such enployee shall be entitled to receive as pay a s�n of morey equal to the difference between what he reoeived as oompensation for such juiy duty or witness fees, and his regular pny. ARTIC7�E 8. MII�ITAii'Y IF•AVE Any E�nployee absent from work in accordance with the order of a duly established militaty authority shall reoeive pay and oomperisation during such absence as is pravided by State Law. ARTI(3� I. II�'NE PRY ( Lt1T�TITl� Incentive Pay will be paid aver ar�d abave the bas�e rate of pay for employees pern�anently hired prior to March 31, 1973 acoording to the follvwing scheciule: - 16 - �s After 5 years of Secvice: 2-1/28 of base salary rounded to the nearest dollar amamt F,fter 10 years of Servioe: 58 of base salary rounded to the nearest dollai a�naa�t After 15 years of Servioe: 7-1/28 of base salary rounded to the nearest cbllar amo�nt �e City of Fridley has agreed to pay i,c��tive pay to Enployees hired prior to March 31, 1973, in recognition of their prior secvice and contribution to the City of Fridley. Neither the City nor the tJNION wi21 attenpt to take away longevity or incentive pay for those persons hired prior, to March 31, 1973, in future contracts. The a�naait of incentive pay for elig'ible EYnplvyees will be negotiated for the affected E7�lvyees. ARTICLE J. U[�ff.��OFMS 2�e City of Fridley will furnish unifocros to Dnployees of the bargaining unit free of charge to the Eh�layee. Zl�e City reserves the right to select the type of uniform to be furnished. The City will aqree to furnish rain equipment and special safety equipne�►t for all 4nployees. ARTICLE K. R�'ItE5Q1TATIVE Qd ARFA WIDE I�IATIQ�iS If the UNION chooses to use one of the pe rsonnel f rom the F r i dl ey wo r k f o r ce as a representative on the area wide bargaining unit for more than on�e year in three, I�ocal No. 49 wi11 pay the salacy of such �playee for the second year for the time spent on area wide negotiations. The purpose is to spread the cost of such negotiation among the several communities involved in joint negotiations. ARTIQ�E L. II�I�TRANf� The City also pravides life insurance equal to annual salary, with a maximum of 510,000 per Ffiplayee, and also will provide additional AD & D Insurance equal ta salacy with a maxim�an of 510,000 per bnployee, providing the total City cost for all insurance does not exceed the anount set forth in the bSaster Contract. ARTICLE M. �[JIPI�IT anployees required by the E�iPi�OYER and who are adjudged by the EMi�LOYER to be qualified to operate the follawing items of equipment will be paid the MA,INTFNAN('.E III rate of pay for those hours assi�ed to the unit: Austin Westin Grader 1974 Jahn Deere Diesel Driven 30" Backbucket Backhoe, Serial N�nber 198861 Four Wheel Drive, Front f�d Laader, 1-3/4 Yard or Larger Pidcup �pe 9weeper ( Elgin or �C or Equival�t) ARTICLE N. �TIQd 'I�is agreenent shall be effective as of January 1, 1985, and shall remain in full force and effect �til Dece�er 31, 1986. -17- �-� 1 IlV w1�NF5S wfi�32DOF, the parties hereto have executed this Agreenent on this day af , 1985. FOR �iE QTY OF FRIDI.EY Nasim M. Qureshi - City Manager Willian J. Nee - Mayor FOR IId'I'II2t�ATIONAL [JNICN � OPF,RATIl� ENGIl�]EfRS, IAQ�L 49 , / . � ��/ ��, ,- _.._�L��- -,ti.�-y Donald C. Carrigan, Stew rd R O�nnors, ABR Local t�o. 49 -18- •.J_ • � i• . . • :.. I�Q.O'1'D�l 1�'P�VII� �II�ID AtTIDORISII� S�AID� 'aiB �1' FB't1�BLISBII�IG WOIMING �IDITI�IS, fi�GB3 P1ND H00�8 OP @�LO�'S GF �9S CTTi OF PRIILE�i PIRB DBPARl�l1T P�OR �8 7�R8 1984 HID 1985 �S, the International Association of Firef iqhters Local No. 1986, as bnrgainirig repcesentative for the Firtfiqbters of the City of Fridley Fire Llepartment, has presented to the Council of the City of Fridley various requests celating to the workirg o�nditions, wages ard hours of employees of the Fi re Depn rt�ent of tlze Ct ty af Fri� cy; and wH�RF'AS. the City af FricIley haspr esented various requests to the Oriion and to the enplaye� relattng to working oonditions, wages ard hours of enployees of the Fire Depnc�aent of the City af Fri�eyp ard WHF.E�AS. representatives of the Union and the City have met and negotiated regarding the requests ai the Union and the City; ard wHIItFAS. agzeener�t has nw been reached bet�►een representatives of the two �.arties on the p�oposed changes to the existing aqreenent bet�ween the Qty and the Unionj N�. �E�EE�RE. BE IT RFSCLVID by the Qty c� FricIley that such agreenent is hereby ratified and that the Mayor and the tYty [�r�ager are herpby authorized to execute the attached Agreement (Exhibit 'A') relating to working oonditions, wages and hours of Pirefighters of the City of Fridley Fire Depa rtrr►ettt. A4SSQ1 AAID AII7PTID BY 7SE QTY CI'�Ji�'.II, CF T$E QTY OP FRIILEY TBI.S D�Y OF , 1985 . WII.I.ZAM J. I�E - @9AYDR ATI'�b'T: SITNEY � IIdP�N - Q�'Y Q.�iR 10 10 A : •.- •��s f . �i ' � ►• - M � � • n :+. �� ►; - 1 �'• � 1• ��M 1• •" ' }' 3' � �' � 10 g FIRPFIG�S IrOQ►L I�D. 1986 t�IItA�T FOR 1984 - 1985 Tl�B�GB Q� �Tt�T15 �I� P�GE I AJRP06E Q? AGRF.EE3�NP . . . . . . . . . . . . . . . . . . . . 1 II REQ�GIZI'P7AN . . . . . . . . . . . . . . . . . . . . . . . . 1 III TF�INITIl�1S . . . . . . . . . . . . . . . . . . . . . . . . 1 N F3�iAYE'.R S�WRI'I'Y . . . . . . . . . . . . . . . . . . . . . 3 V F1�I.DYER Atlg10RI'i'Y . . . . . . . . . . . . . . . . . . . . . 3 VI UN7�ON SDCIIRITY . . . . . . . . . . . . . . . . . . . . . . 3 VII F.l�LUYEE RIGETlS - GRIEYAiV� PRO�.T�JRE . . . . . . . . . . . 4 VIII SAVIIJGS Q.AUSE . . . . . . . . . . . . . . . . . . . . . . . 6 IX SFNIDRI{i'Y . . . . . . . . . . . . . . . . . . . . . . . . 6 X DISQ PL IIVE . . . . . . . . . . . . . . . . . . . . . . . . 7 XI WOF�C S�iF�JI.FS . . . . . . . . . . . . . . . . . . . . . . 7 XII LF�AL LEFII�ISE . . . . . . . . . . . . . . . . . . . . . . . 8 XI I I 3�iORT TFRM DISAB II� ITY . . . . . . . . . . . . . . . . . . . 9 XIV P�,Y F�OR FIRE Q�L.IS . . . . . . . . . . . . . . . . . . . .10 XV II�LAYEE IDU(�►TIION P�taGRF►M . . . . . . . . . . . . . . . . .10 XVI HQ�IDA�S . . . . . . . . . . . . . . . . . . . . . . . . .11 XVII HtCBATIQIARY PERIO� . . . . . . . . . . . . . . . . . . .11 XVI II FVI�iAL PAY . . . . . . . . . . . . . . . . . . . . . . . .11 XIX JURY PAY . . . . . . . . . . . . . . . . . . . . . . . . .11 �IX UNIFORM AI.I�Q^TAN� . . . . . . . . . . . . . . . . . . . . .11 X7� HFAL� At�ID H0.SP1'TA% Il�137RAN� . . . . . . . . . . . . . . .12 X�Q I RATFS (F PAY . . . . . . . . . . . . . . . . . . . . . . . .12 X�Q I I AD�'PIl'1dAi. ]NC�iTIVE S�►Y . . . . . . . . . . . . . . . . .12 X�QV 2T�I.F.GE QtIDTl'S . . . . . . . . . . . . . . . . . . . . . .12 XXV SEYF�i� PAY . . . . . . . . . . . . . . . . . . . . . .13 XXVI WAtVfR . . . . . . . . . . . . . . . . . . . . . . . . . .13 XXVII Lx1RATDa1 . . . . . . . . . . . . . . . . . . . . . . . . .13 10 C .. � :,�;. r. :�+� :�: M ' •' ' 1� :� :� I. :r•. • • ►� �� M • f• � " ;��:� r' s• •� • ARTIQ,B I PURi�(�E � AGRF,F?�P �i.s AGRE�F�IT is entered inta as of May 17. 1984 between the C[TY OF FRIILEY, hereinafter «allled the F�LOYER and the IlVTERNATIONAL ASSOCIATION OF FIRL FIGHTFRS I,0(�1i. ND. 1986, hereinafter called the UNDON. It is the intent and purpose af the AGREEi�EaIT to: 1.1 F.stablish procedures for the resolution of disputes aancerning this AGRE�2IT'S interpretation ar�/or applicationf a�d 1.2 Plaoe in written form the parties' agteenent up�n te�s and a�riditions of eaplaymerit for the duration o� this AGREFIrE3�]T. AR'iZQ.B II RDO�GNITIII�1 �e Ei�LOYF.R recognizes the UNION as the exclusive representative, under Fhru�es�ta Statutes, Section 179.71, S1�bdivision 3, for all personnel in the following job classif ications: 1. Fire�f ic�ters 2. Fire �ptain �RTTQ.B III LFFII�lITIl1iS 3.1 tT1ziQD �e International Ass�ciation af Fire�ighters Loca1 Ab. 1986. 3.2 Union 1Ka�er A menber Qf the International Association of Firef ighters Local No. 1986 . 3 .3 �g A member af the eaaclusively rec�c,�ized bargaining unit. 3 .4 �t Zlie City af Fridley Fire L�epartment 3 .5 �� Zhe City a� Fridley —1— 3 .6 �hief � � �, �e Cbie� � the Fi re Depa rtrnent of the Cf ty o� Fridley. � •,� •, .- Officer elected or appointed by the International Association of Fir� ic�ters Local Nb. 1986 . • 3.8 C�,*t.� Work performed at the express au�thorization o�f the E�LOYF.R in e�acess of the enpl oyee' s schedul ed sh if t. _ ,:_• _. �� A cnnsecutive work period including two rest breaks and a l�ch break. 3.10 st Breaks Zt�ro periods during the SQ�IDUL� SHII�T ciiring which the �ployee renains on oontinual ciuty and is responsible for assic�red duties. 3.11 I�unch Break A period during the SQ�FTitILF� SHIPT during which the enployee remains on oontinual ciity and is r�sponsible for assic�ed d�ties. 3 .12 � *.� mnoerted action in fail ing to report for duty, the willful absenoe f ran ore's p�sition, the stoppage o� work, slow�-�do�wn, or abstiren�e in whole or in pa rt f ran the f ul l, faithf ul and proper perf ocmanoe o� the dut i es of eaplvyment for the purposes of ir�ducing, influencing or coercing a change in the cvnditions or c�ompensation or the rights, privileges or o4ligations of englaymertt. -- ;. - . �=� 9�e Dnployee's monthly rate o� pay eaaclusive a� longevity or any other special alla�ranoe. .�u.�.� _ • • ir i�_=, Time off ci�uing the enployee's regularly scheduled work schedule equal in time to avertime worked. 3.15 S�ver�_Pay p�ym�ent made to an eagtoyee up�n honorable separation af enplaym�ent. 3.16 �S3],� A fi�aed payment at regular intervals for services as set forth and agreed to in this ctintract. -2- 3 .17 10 E Salaiy re�uaed by thoee anaaits as requi red by la�r ar�/or author ized by the anplayee. •� • r �'�:+• �: �� - The UN7�ON agrees that ciuring the life of this AGREEI�NT it will not cauee, encourage, participate in or support any strike, slo�r-down or other interruption o� or iriterfere�oe with the rmrm�al fuonctions of the II�LO�R. • •� • : } �• • �:�• � � �: • • 5.1 �e EMPi.OYER retains the fu�tl and unrestricted right to operate and mana�ge all manpower. facil ities, and equipnentt to establ ish f unctions and prograns= to set and a�nend budgets; to detemnine the utilization of technola�f to estat�lish and modify the organizational structuref to select, direct, and c3eteimine the rumber a� personrel; to eskaUlish work schedules, and to perform any inherent managerial function not specif ically limited by this AGREII�4�iT. S.2 Any tena and o�ndition af enployment not specif ically established or modif ied by this AGREEl�tT shall renain solety within the discretion of the F1►�iAYER to modify, establ ish, or el iminate. : :�y � : � 1)�It� , `1��1 - 4�1'� 6.I �e Et��YE'.R sha11 deduct f r� the wages of enplayees wh� authorize such a deduction in writing an amo�t reaessacy to oaver monthly t1t�lI0N dues. S�ch monies shall be renitted as directed by the UNICN. 6.2 Zhe OPII(rI may desigyate enplayees f rom the bargaining unit to act as a ste�►arrl and an alternate and shall inform the EMPLOYER in writing of such choiae artid changes in the p�sition af ste�rard arx�/or alternate. 6.3 Zhe E[�i�OYER shall make spnoe available on the enptayee bulletin bosrd for posting UNICN notioe (s) and annanoanent (s) . 6.4 ZY►e UNION agrees to irx3ennify arYi hold the F.�i3OYE'1t harniless against any and all claims, suits, orders, or ju3g�uents brought or issued against the EMPLOYER as a result of arry action taken or not taken by the II�LOYF'.R �mder the prwisions of this Article. � '� � : 1• • 1: ' • (H: h (y' /" • �: •' � �:�� 1 • . [a� �-' 1 �. � i _ y . � � - A grievance is def ined as a dispute or disagree�ent as to the interpcetation or application � the specif ic terms and conditions of this AGRF.E1�E�lT. i,� •,� ; �,. - �� - Zl�e El�LOYER will reo��ize desig�ated by tiie UNION as the qrievanae representatives of the bargaining unit having the duties ar�d responsibilities established by this Article. The ONION shall -3- lOF notify the EMP'LOYER in writing of the names of such ONION 12EPRF5IIdTATNES and of their sucoess�rs when sc desic�ated as provided by Section 6.2 af this AGREII�I'P. . . - - � . .� _, - � :•-; It is reoogiized ar�d acaePted bY the ONION and the F.14PLOYER that t2►e pcooessing of grievanoes as hereinafter pcavided is limited by the job duties ana responsibil ities of the F.MPLOYEES and shatl there�fore be acaanplished during nonaal w�orking hours only when wnsist�t with such II�L,C7YEE auties and responsibilities. The aggrieved EMPLOYEB an�d a UNION REPRESIIVTATIVE shall be allaweci a reasonable amount of time without loss in pay wt�en a grievanoe is investigated and presented to the E�i.OYF.R �ring noonal w�orking hours provided that the Fz+�I.OYEE and the UNI(�1 REPRFSQtTATIVE have notif ied and reoeived the appraval of the c3esic�ated supervisor wh�o has deteimired that such absenoe is reasona4le and would not be detrim�ta�l to the work prograns of the F�LOYF.R. 7.4 Procedure Grievanoes, as def i.ned by 9ection 7.1, shall be reeolved in aonformance with the follaaing proaedure: ti� An EMPLOYEE claiming a violation voncerning the interpretation or application c� this AGRF.�ENP sha11, within twenty-one (21) calendar days after suc� alleged vialation has occurred, present such grievance to the F.NlPLOYEE' S supecvisor as desi�ated by the EMPLOYER. The siglated representative will discuss and give an answer to such Step 1 grievanoe within t� (10) calendar days after receipt. A grievanoe not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the reture o� the grievanoe, the facts on which it is based, the provision or provisions of the AGREE[�NT allegedly vialated, the renedy requested, and shall be appealed to Step 2 within t�► (10) cales�dar days aftet the F.[�iAYE�desic�ated representative's final answer in Step 1. Any grievanoe not appealed in writing to Step 2 by the UIdION within ten (10) calendar days shall be o�nsidered waived. ��# If appealed, the written grievanoe �all be presented by the UNION and disc�sssed with the EMPLOYER-desic�ated Step 2 representative. The ��i3O�R- desic�ated representative shall give the UN�ON the F.�tPLOYER' S Step 2 answer in writing within ten (10) calerxiar 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 sigLated representative's f inal Step 2 an9wer. Any grievar�ae not appealed in writing to Step 3 by the UN�ON within ten (10) calendar days ahall be aonsidered wafved. .=,0 If appealed, the written grievarae shall be pcesented by the UNION and discussed with the EMPLOYE�desi�ated Step 3 representative. The II�I,O�'.F� desic�ated representative shall qive the UN�I the EMPLOYER' S -4- 7 .5 10 G answer in writing within ten (10) calendar days after r�ipt of��sut Step 3 grievanae. A qrievan�oe not resclved in Step 3 may ppe Step 4 within ten (10) calerdar days falla�ring the EMPLOYEI�-desic,g�ated repcesentative's final answer in St�p 3. Any grievanoe not appealed in writirig to Step 4 by the UNZQ�i witiiin ten (10) calendar days shall be v�naidered waived. � .;• A grievanoe inresolved in Step 3 and appealed to Step 4 by the OI�1IaN shall be submitted to arbitration subject to the pro�visions of tbe R�talic F�nplayment Labor Relations Act of 1971. The se2ection of an arbitrator shall be mac3e in aco�rdance with the 'Rules Gaverning the Arbitration of Grievances' as established by the Public Eyaployment Relations Board. ; .. . - � . ., a. The arbitrator shall have no right to amend, awdify , null ify, igiore, add to, or subtract f raa the terms and oonditions of this AGRE�IT. The arbitrator shall oonsider and decide only the specif ic issue (s) suba►itted in writing by the EMPLOYER and the UNIaI, and shall have no authority to make a c3ecision on any other issue not s� s�nitted. b. �e ad�itratoc shall be without power to make decisions aontracy to, or inconsistent with, or modifying or varying in any way the application af laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days folla�ing close of the hearing or the sutznission a� briefs by the pacties, whid�ever be later, unless the parties agree to an extension. 7�e decision shall be bir�ding on both the F1rlPi�OYF.R ana the UNION and shall be based solely on the arbitratar's interpcetation or application of tlie express terms of this AGRE�IT and to the facts of the grievanoe p�esented. c. 7he fees and e�enses foc the a�itrator's setvioes ard proceedings shall be b�rre equally by the �IAYER a►nd the UNION pravided that each party shall be responsible for compensating its own representatives and Witnesses. If e3ther pnzty 3esi res a verbatim reoord of tsie proaeedings, it may cause such a record to be made, pcwiding it pays for the reo�rd. If both parties desire a verbatim reoord of the proaeedings the a�st �iall be shared equally. 7 .6 Waitier If a grievanae is not pce�ented within the time limits set forth above, it �all be aonsidered '4�vaived'• If a grievanoe is not appealed to the reut step within the specif ied time limit or any agreed extensioa thereoE, it shall be aonsidered settled on the basi s of the EMPLOYBR' 3 last answer. If the II�LOYER does n�ot answer a grievance or an appeal thereof witiiin the specif ied time limits, the UN�DN may elect to treat the grievance as clenied at that step and immediately appeal the grievanoe to the r�ezt step. �e time limit in eadi step may be exter�d�d by mukual written agreement of the F�iAYEtt ar�d the UN�Q�I in eac� s�eP. —5— 10 y 7.7 choice of Re�eav If, as a result of the written EM.PLOYER response in Step 3, the grievance r�ains unresolved, and if the grievance involves the sus�ension, dgnotion, or disc�arge cf an emplayee wh� has aompleted the required prabationaLy period, tbe grievance may be appealed either to Step 4 af Article VII or a pcoaedure such as: Civil 9etvice, Veteran's Pr�erer�oe, or Fair Flnploymer�t. If appealed to any p�oaedure oti�er than Step 4 af Article VII, the grievanoe is not subject to the arbitration proaeciure as prwided in Step 4 a� Article VII. �e agc�ievea employee shatl indicate in writing which pcooedure is to be util ized (Step 4 af Article VII or another appeal prooedure) and shall sign a statenent to the eifec� that the choioe of any otiier hearinq preclu3es the aggrieved enployee f ran making a sut�eequent ap�peal throuc� Step 4 vf Article VII. At�l'IQ,S VIII SAVII�S Q.i�DSB Zhis AGREII�IT is subject to the laws of the United States, the State of Minnesota and the City of Fridley. In the event any pravision of this AGREEi�NT shall be held to be oontraLy to law by a court of competent jurisdiction frcmm wiase final judcpaent or decree no appeal has been taken within the time provided, such provisions shall be voided. All other prwisions of this AGRE'.Ei�tT shall oontinue in full foroe and effect. The voided provision may be rerecptiated at the writtei request of either party. ARZZQ.E �C SS�IIDRITY 9.1 Seniority shall be deteanined by t2ie enployee's length of continuous �nployment with the Fire Department and posted in an appropriate location. Seniority rosters may be maintaired by the FIRE QiIEP on the basis of time in grade and time within specif ic classif ications. 9.2 During the pcobationaLy period, a r�ewly hired o� rehiced anplayee may be discharged at the sole discretion of the EMPLOYER. During the probationaty period a pccmoted or reassig�ed esnployee may be reptaoed in his previous p�stion at the sole discretion c� the Q�iA�FL 9.3 A reduction of work force will be accompl ished on the basis of seniority. Flnplvyees shall be recalled f ram layoff on the basis of seniority. An emplayee on layo�f shall have an opp�rt�auty to return to work within two years of the time of hi.s layo�f before any r�ew enployee is hired. 9.4 Vacation periocis to a maxinum a�i two (2) wepJcs shall be sele�ted on the basis of seniority �ntil May lst of each calendar year. �a.E a D�A.n� 10.1 �e F1�,0l�.R witl disciplirie enploye�s for just cause ana may be in one or more cf the follaaing fonas: a. oral repcinandf b. written repcimancil c. suspensionf d. dmiotion; or e. discharge. —6— 10 I 10.2 �pensions, danotions ar�d discharges will be in writt� fo�. 10.3 Writt� repcimar�ds, notioes of suspension, and notioes of discharge whici� are to beoome part o� an employee's personn�el f ile shall be read and acla�►owledged by sig�ature af the �ployee. F]nplvyeeB will reoeive a oopy cf suc� reprinands and/or notioes. I0.4 t]nptvye� may examirie their awn individual personnel files at reas�na4le tiunes �nder the di rect supeLVision af the II�iAYf'.R. • •� • ' .� � • -�• :.� � f. 11.1 �e notm�a�l w�ork schedule for the enplayees of tbe Fire Depardnent shall a�nsist af a 56.66 hour work week. a. h�urs worked on assic�ed shif ts f b. holidaysj c. authorized leave time. �e Department Head is responsible for scheduling and assigning the wedcly wc�rk schedule. 11.2 Z2�e City c1 aims the authority to sdze�ule anployee' s duty schedul e. A norcaal w�rk schedule for the anployees will be a o�mbination of shifts oanpcised of twelve (12) hcwrs be�,reen 8: 00 P. M. Sunday and 8: 00 A. M. Friday and t� (10) hc>urs between 7: 00 A. M. Nbnday and 5:00 P. M. Friday. 11.3 It is reo��ized by the Farties that setviae to the publ ic may requi re the establishment of regular shifts for some enployees on a daily, w�eekly, seasonal, or hours. �e �ployer by the establ ist�nent work day. annual basis, other than the regularly scheduled will give advanoe notive to the angloyees affected of work days differ�t than the normal anployees' 11.4 In the eve�tt that work is requi red b�ecause af �usual ci rcunstanoes such as (but not limited to) fire, flood, snar, sleet. break�wn of m�aucipal equipnerct or facil ities, no advance notioe to the enployees need be given. It is not required that an employee working other than the normal workday be scheduled to work more than the scheduled hours; however. each engloyee has an abligation to work avertime if requested, �a�less �usual circunstanaes pr�ent him fram d�ing so. 11.5 It is also reo��ized by the parties that service to the public may require the establistmerit of regular work weeks that schedule work on Saturdays and/or S�mdays. flnplvyees whc� are regul.arly scheduled to be on duty Saturday and/or �aay will be granted two �nsec�ive days off in 1 ieu of Saturday and/or S�day. �ZQ�B � I. AIii�DAi. LF�AYS 12.1 Ead� enplvyee shall be entitled to annual leave away from �ployment with pny. Annual leave pay shall be aompueed at the regular rate a� pe►y to which suc.h an enployee is entitled. 12.2 A beginning employee sha11 accrue anrusal leave at the rate of eighteen (18) days per year for the f irst eeven (7) years (84 sucoessive months) . -7- lOJ An eaplvyee who has worked seven (7) years (84 suooessive iaonths) shall accrue annual leave at the rate of tWenty-four f 24) days per year, beginnirg with the ei�ty-fiftb (85th) month af sucoessive emgloyment. An employee wh4 has worked f ifte� (15) years (180 successive months) shall accrue anrusal leave at the rate af twenty-six (26) aays per year, beginnirg with the oir h�dred eighty�first (I8Ist) month aE a�nsecukive enplvyn�ent. 12.3 For an eaployee hired on or after JanuaLy l, 1984: The maximun total accunu�lation af annual leave at the end of any given year shall be thirty (3Q) days. Qnoe a year. at a time desi�ated by the City, an employee who has oompleted seven (7) years of setvice with the City will have the op�ort�nity to e�achange up to three (3) days of accunulated annual leaie for cash. At the s�ae time, an enplvyee wh� has oompleted fifteen (15) years of serviae with the City will have the opp�rt�aiity to exchange up to 5 days of accunulatec3 anru�al leave for cash. 12.4 For an enplvyee hired pcior to Januacy 1, 1984: Vacation accrued but �used as of Deaember 31, 1983 shall be converted to aruu�al leave at the rate cf one (1) day of annual leave for one (1) day aE vacation. Accrued but �used sick lea�e as of Deoember 31, 1983 shall be oonverted to anru�al lea�e aca�rding to the folla�ing schedule: a. lst 45 days @ 1 day o� annual leave for l day oF sick le�e b. 2nd 45 days @ 1 day a� annual leave for 2 days of sick leaie c. Reaair�der @ 1 day o� annual leave for 3 days of sick leave �e total anant of annual leave credited to the enployee's balance as of Janua Ly 1, 1984 shal l be equal to accr ued but un used v aca ti on pl us accrued but �used sick Ieave oonverted acaarding to the fonaula abave. 7f up�n o�rtversion to the annual le�e plan an enployee's acc�nnulation o� annual leave exceeds thirty (30) days, that ainount shall be the maximum total accunulation (cap) for that enployee at the end of any subsequer� year. Ckwe a year. at a time desic�ated by the Ci.ty, an enplayee wi11 have the opp�rtuiity to e�achange up to five (5) days of accunulated annual leave f or ca.sh. ' In addition, onae a year at a time designated by the City, an employee with an accunulation c�E anrx�al leave in e�oess of thirty (30) days will have the opp�rt�ity t�o euchange up to f ive (5) days of annual leave for cash. S1rh an e�ochange shall reduce the maximu�n total acc�anulation (cap) o� an emplvyee by an equal anamt. 12.5 Up�n separation fran enplaymerYt with the City, an enployee wi11 be paid or�e (1) day's salaiy for eac� day uf a�ccru�ed anrwal leave renainirtg in the eaployee's balar�oe. -8- lOK AR�IQ�E �QII SSORT Ti3iM DIS�lBII.ITY 13.1 Fach �playee who has suvoessEully oompleted the enplvyee's probatior�acy perivd ahall be eligible for short term disabil ity benef it. Such an anployee shall be entitled to full pay aommencing on the twenty-f irst (21st) consec�.ive working ciay on whicii the enplayee is ai�serrk due to a �tiysiciarr-oertif ied illress or inj ury, whether on or of f the j ob, and oontinuing until the enployee retu�rns to work ab�le to csrLy out tY►e full duties and responsibilities of the enplayee's position or through tbe one hi.mdred and tenth (110th) working day oE absenoe. whichever xcurs f irst f prwided, however. that the anamt o� any o�ompensation shall be reduoed by any paymerit reoeived by the disabled einplayee f ran workers' oompensation insurance. Public F�mployees Reti renent Association disabil ity insuranae, or Social Security disabil ity insuranae. Payment of short tetm disabil ity benef it by the City to an employee shall not exceed ninety (90) working days for ariy single illness or injury, regarciless of the n�ber and spacing of episodes. The annual leave balanae of an enptoyee reoeiving short term disabil ity benef its shall not be reduoed, ror shall suc� enplayee accrue annual leave during that period. 2. Be�ore any short tena disability payments are made by the City to an engloyee, the City may request and is entitled to reaeive f rom any enptayee who has been absent more than twenty (20) working days in succession a certif icate sic�ned by a oompetent physician or other medical attendant c�ertifying to the fact that the �tire absenoe was, in fact, due to the illress or injury and not othen�ise. The City also reserves the right to have an examination made at atiy time of any employee claim,ing payment ►nder the short tena disabil ity bertief it. SLch exam ination may be made on behal f o� the Ci ty by any oompe t ent pe rson desic�ated by the City when the City deens the same to be reasonably reoessary t� verify the illress or injury claimed. 3. If an enployee hired before Januaty 1, 1984 has reoeived payments under the injury-orrduty pcwisions of previous �ntracts, the n�mber of days for whic� paym�nt was reoeived will be deducted fram the nuober of days of eligibility for ooverage �nder short term disability for that same inj ury. 4. if any e�nployee's non causally related inj ury or illness exceeds 110 working days, the enployee shall be entitl�d to clr�r frcm hi.s renaining annual leave. 5. If an enplvyee's causally relatec3 illress or injury exceeds 110 working days, the snplvyee may c3raw fram hi.s renaining anru�al lea�e in addition to those beref its to whic� the �plvyee reoeives in acmrdanc�e with the worbnan's oanpensation pcovisions. 6. When an enplayee exceeds the 110 w�rking days disabil ity and oommenoes to drar on annual lea�e, he shall again accure benef its in acoordanae With acaeptea City p�lic.y. Air!'IQ.E 7�V H,Y P�R FIItE QlLi.S 14.1 Pay for c�Ef citity fire aalls shall be an amant equal to the c�srent rate being paid to pa.id call firefighters. 7his will appty on all fire calls -9- 10 L before or after regular working hours or cn days off. Shc�uld the aourts find that the Fridl� Fire DepactmerYt a�mes under the jurisdiction of the Federal Fair Labor Standards Act, this seetion af the o�ntract shall be null and void. ARTIQ,E XV ' H�LC� �DC�TD�I PAOGR�!! 15.1 Zlze City i+ill pay aertain e�enses for aertain education oourses based on the folla,ring criteria. a. 2�ie training aourse must have relevanoe to the F]np�oYees' present or anticipated career responsibilities. Attendance shall be at a City ap¢wed institution. The �urse must be appraveci by the Depactm� Head. b. Financial assistanoe will be e�ctended only to c�urses offered by an accredited institution. This includes vocational schools, Minnes�ta Sc�000l of Busiress, etc. 15.2 Haplvyee Education Prograns Financial Fblicy Financial assistanoe will be exter�ed to a�ver only the a�st of tuition. Q�arges for books, stuc3ent union menbership, student health oaverage a,rrd other c.harges for whicfi the student reoeives sane iten or servioes other than actual instruction will not be peid. Zhe (�ty will pay SOt of the aost ai tuition in advanoe o� the F2nployee's actual participation in the oourse and the Dnployee sha11 pay 508 of the oost. Up�n successf ul oanpletion of the oourse an enployee will be requi red to present a oertification o�E satisfactory w�rk to his departinent head. Satisfactory work is def i,r�ed as follvws: a. In aourses issuing a letter grade, a C or abo�ve is required. b. In oourses issuing a nunerical grade, 708 or abave is required. c. In murses not issuing a grade, a aertif ication f ran the institution that the student satisfactorily participated in the activities of the oourses as requi red. 15.3 If the flnployee satisfactorily completes the course. he will be reimbursed for the additional 508 of the tuition cost for which he obligated hiireelf in the appcwed application. If the anplayee fails to satisEactorily oanplete the o�urse, he will not be reimbursed. 15.4 �he progran will not reimburse the anplq+ee for the hours he spende in class, only for the tuition. 15.5 Expenses for which the employee is compensated under some other e�ucational or assistance prograQn, such as the GI bill, will not be aovered. 15.6 �e City will not pay tuition or oti►er a�sts for those murses which are used to make the employee eligihle for additional salaty. -10- ;�� . ,� :,• �.. � 16 .1 Hal idays incl ude New Yea r' s Day, Janua =y 1 f Wash ington and L inool n' s Birthday, �e third lbnday in Februacyj Memorial Day� �e last 1�'bnday in �Yt �Pendenc�e Day July 4; Labor Dey, the first M�nday in Septemberj Christopher O�lunbus Day, the se�nd M4nday in October= Veteran's Day, Nw�ber 11: Thanksgiv ing Day, the f our th Thur sday in Nav�be r f and QZristma�s Dny. Deaani�er 25 j provided, Wt�er► New Year's Dny. Januaty 1t or Independenoe Day, July 4; or Ve�teran's Day, Navember 12 f or tliristmas �ay, Deaanber 25f falls on S�nday the follaaing day sha11 be a holiday, and prov ided, when New Yea r' s Day, Janua ry 1 f or Independence Dny, July 4; or Veteran's Day, Novenber 11f or Christmas Day, December 25f falls on Saturday, the pceoeding day shall be a holiday. 16.2 In addition to the holidays listed above, employees oovered by this contract shall be entitled to two additional holidays desic,nated by the City Council or the Depa rtment Head, for a total of el even (11) hnl idays per year. .;�Y � ,�I ��:�_�!!��' *�+• i�i_y 17.1 All newly hired or rehired employees will serve a six (6) month probationacy period. ARTIQ.E XVIII PUI�[i�i. PAY 18.1 In case o� death occurring in the imoediate family of ar� employee, such an employee may be excused f rom Work for up to three days with additional time o�ff granted by the (�ty Manager if additional time is nee�ed. �his time off shall not s�jec� the enployee to loss of pay. Fbr this purpose, roan�ers of the iianediate fa�ily of the enployee are oonsidered to be the follawing; spouse, child (natural or adopted) , p�r�t, granc�iarent, brother. sister, mot3�er-iurla�✓ or father-iri-la,r. ARTIQ�E XVDI JfJF� P�Y 19.1 It shall be �derstood and agreed that the City sha12 pay all regular full time anplaye�s servin9 on any jury the di.fferenoe in salary between j ury pay and his regular salacy or pay while in such servioe. P,RTIQ.E �QC iTAIIl�I�AM AT.t�QeTAtd(E 20.1 �e City shall pcwide a�mifoaa clothing allawanoe for Fire Fighters, said allvwance to be paid in cash in January of each year. The allaaanoe shall be $276 in 2984. ZY�e al2vwanae for 19ffi shall be $303. ARTIQ.B 7� HF�G� A6ID H�PTTAL II�R2� 21.1 �e II�Oi�Et will �ntribute up to a maximu� of $135.00 per month per enployee for group health and life insurance includinq dependent a7verage for calendar 2984 and $145 per mor� for calendar 1985. 21.2 Individual eaplvyees may pcwide for an iricreased E1�LOYF.R aontribution for insuranoes wer that amount stipulated in 21.1, and by lowering their oanpensation frcm the rates stipulated in Article �tIII to pco�vide �� lOM 10 N for an increa�sed EMPLOYER oontribution which will fully pay for the �ployee's health, life insuranoe including depen3ertt aoverage. AR'�IQ.�E IDQI R�T� Q� Pl1Y 22.1 FireEi�ters First siz mor►ths Af ter six months After 1 1,/2 years Af ter 2 �/2 y�ears Af ter 3 �/2 years 22.2 Fire Captain 1984 $1,834.2S per $1,889.27 per $2,032.24 per $2,I38.10 per $2,219,02 - 6 $2,285.59 - 6 motrt�h morith moc►th month tronths months $2,361.35 - 6 months $2,432.19 - 6 months AEi'�IQ.E X�QII ALIDITIt1�U�iL II�i'IVE PAY 1985 51,944.31 per mor�th S2,002.63 per mor�th $2,154.17 per month 52,226.39 per month $2,377.01 - 6 tronths $2,436.43 - 6 mor►ths $2,529.48 - 6 months 52,592.72 - 6 monnti►s ?3.1 Inc�entive pay will be paid over and above the standard base rate or g�ing rate for Dnplvyees hired prior to Januacy 1, 1g74 ac�rding to the follawing schedule, prwided enplvye� have made denonstratable pcogress tawarcis i�caving their proficienc.y for their particular job title or job assiganent. Af ter 5 yea rs of se cv ioe After 10 years of servioe Af ter 15 years of serviae . .� � - •.� �� " �' }1 L. $24 $48 $72 24.1 For Firefighters hired after January 1, 1974 the City will pay for education credits earned at an accredited institution o� hic�er leaming at the rate o� $.40 per quartec credit starting with the ninety-f irst (91st) quarter credit up to a maximua of one hundred eighty (180) credits or a maximm of $36.00 per month. All courses taken must be appcwed by the IInplvyer. Ab Fir�ic,�iter hired after Januacy 1, 1974 will be eligi4le for paym�ts �der ARTIQ�E �V. No Firefighter will draw b�th additional incentive gay under ARTICZE XXIV, and gay for education credit. Flnptoye� will not be elicRble for education credits during their six (6) manth probationary, period. A deteanination of the rumi�er �f credits an enplvyee is eli�hle for will be made on Deoember 1 of the previous year. Credits earned during tbe year will not be cti�ted until the suooeeding year. �e City will not pay tuition for aourses that the IIngloyee will later be paid for as noted abave. '�Y � '�:�' ''=�/s: +� ��,�'� 25.I F+or alI enployees hired prior to January l, 1978, the �ever�ce pny policy shall be as follws: Any flmployee with forty-eight (48) or more oonsecutive months of enployment will reoeive severanoe pny in cash based on ore-arxi-one-hal f (1 �/2) days for each twelve (22) o�nsecutive months workeci, but not to e�aoeed thirty (30) days of the �mme. -12- z•,� •_ . � • 26.1 Any and all prior agreenents, resol�ions, practices, policies, rules and regu].ations regarding tetms and c�nditions of enployment, to the ext�t inoonsistent with the pcovisions of this AGREEI�NT, are hereby supere�ded. 26.2 �e parties mutually ackna�ledge that during the negotiations which resulted in this AGRE�IT, each had the tinlimited ri�t ar�d opport�nity to mak�e danands and prop�sals with respect to any tena or oondition oi enployment not removed by law fram bargaining. All agreeaents and understandirtigs arrived at by the parties are set forth in writing in this AGREF.I�NT for the stipulated duration of this AGREFI�NT. The II�R and the UN�1 each voluntarily and unqual if iedly waives the right to meet and negotiate regarding any and all terms and oonditions of enplaymerrt referred to or aovered in this AGRF�NT or with respect to any tean or �ndition cf enplayment not specif ical ly r�f er red to or �ayered bl, this p,GRE�1T, eyen thcwgh such tetms or oonditions may not have been within the knawledge or oontenplation a� eithec or both a� the parties at the time this ac>ntract was regotiated or e�oec�ed. AR'FIQ.E XXVII TAR�TIQd Zhis AGRE�tT shal l be ef f ect ive as of Janua ry 1, 1984 , eYCept as her ei n noted, and shall renain in full foroe and effect �ntil the thirty-first day o� Deoant�et. 1985. e�acept that wages, health insuranae, and unifom► alla�ranoe for 19a5 shall be nec�tiated at a later date. In witness whereof, the parties hereto have e�aec�.ed this AGREII�NT on this 17th day o� Mayr 1984• .M4y �_ � :,• n :; !rlIYOR - WII.LIA!! J. I� Qi'Y 1�NAGIIt - NASIl�! A!. QClR�I '• • 1: " 1 }•. • � ��M � 1• •' • �� r.• �• �� • . - ��' !i zLZ'" ' l -'�JL »>t'�c.2G''�/ �� H� ►�� .' �. :, � t � % �`1 , /. � � � � L. �•`(�,,;�,r ` Ir _ _ --- lYl�►�i� � :r i • � -13- �11 1� P I hereby reoaauoer�d to the City m�ncil ap�zaial of thi.s agreenent. � `....�. . - n � i •� , � �• :,�+ • • �s �• �f• •r-. ♦ � • •' •' 1:�' I ' y� :r -14- CITY OF FRIDLHT M B M 0 R A N D II M TO : N AS IM M. QQRffiH I, CITT !lA�1 AG BR FROH: SID IKMAH. DZRBCTOR OF CEIi1TRllL S�tYIGBS SUBJBCT: AFS(Y.UTION �1 OPPOSITION 1�0 1HE SALB OF IialE, ECT. �i GAOCER7 OR COl1Y�IZENCE STORBS ne�: �c� � t � � 985 Attached is a resolution in opposition to a bill alla+ing xine- beer or other aLrong alcoholic beverages in grocery or convenience stores. In the past, we have also passed a similar resolution and I am recommending that this resolution be adopted. I would like to bring to your attention that this year not only are the municipal stores against this legislation but the Mothers Against Drunk Drivers (NADD) and some other organizations also agree. If you have any questions� please feel free to let me knar. SCI:sh Attachments 3/0/4/tg 11 RgSG�I.oTD� �o. - 1g85 � R�4(Y.OTI011 DI OPPOSITIOp 10 � BII.L AI.LQiiDiG 19B S�i.s � Y�B OR 0'�ER STRaG �I.COHCI.IC BEVERAGFS �1 GAOC81tT OS 0�1tf�IBl10E S1�ORgS YHFRBLS. t2�e sale of xine and ottier strong aloaholic beverages in the State of Miaaesota ia restricted to tbose outlets holding intoxicating liquor licenaes, and WHIIiEAS. the restriction has tended to help regulate Lhe sale of strong beer and wine within Lhe State of Minnesota. and WHEREAS. tbe control vould be great2y reduced if aqy retail outlet Lhat is naw permitted to xll 3•2 beer Mould be permitted Lo aell wine and other strong aleoholic beverages, aad WHEREAS. the sale of wine and other strong alcoholic beverage� in retail atores would reduce revenues to Lhe City's municipal liquor �tore. and WHEREAS the sale of vine and other strong alcoholic beverages in retail store� would add additinal expen�e to Lhe City's Police Department for oontrol of Lhe 1 sr. and MHEREAS. It is desirable from a City public policy �tandpoint to regulate and control Lhe method of dispensing wine and other strong alooholic beverages; NQd� 1HEREFORE. BE IT AFSOLVED� Lhat Lhe City Council ot the City of Fridley. Hinnesota. hereby goes on reoord a� being oppoaed to the bill allowing the sale of rine and other �trong alooholic beverage� in grocery or convenience �tores. PASSED AND ADOPTED HY THE CIT7 COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF � 1985. iIII.LIAl4 J. NEE. MAYOR �Ti'�T: SIDNE7 C. INMAbI. CITY CLERB 3/ 0/ 4/ 17 11 A 0 � � •J M�4��; 1�, :+� MSMORAI�DO!! 10: AASIM M. �RF.S�iI r QTY l�A�PlGHt • � �� 1• : •:• �' •� �- �a• •:r. �.7PX.T: fiIrE S�II+PS D�E: F@31�7�f 7, 1985 Attached is same infocmation we reoeived fram the Municipal Liquor Stores Association regarding wine sales in stores. As you are aa�►are, the City of Fridley has take� a stand against this in years past due to the effect it would have on the revenues fraa our liquor Stores. ZYus year we have been joir�ed by a group called 'Citizens for Contolled Consumption.' I an sending this infornation to you so yau can pass it onto the Co�r�cil. I r+�culd like to knaw if you would like a resolution prepared for the Co�a�cil to pass in opposition to the sale of wic�e in grooery stores. 9CI:sh cc: Mr. Richard Pribyl, Finanae Offioer Mr. Aobert MoGuire, Liquor Store Manager 3/o/z/1� 11B MfNNESOTA 11C � ? .c�ly� Ste�rca � . �MCOero��T�o • A� «s+wk+N�.. o�«� �1 r. .wNci�.a�r�� O�p�*sri« vf �w�n..«. r+�sioeii we �o.r� � � ` c.a.,. � �!1 v+c� .�so�rr �� r.�..� ow.ar �,.... rw iNpt sE c�ErM�r �d� ts.r��w ,�„o... w« ewao T11EI►SURE� ,►�nys V�n Nyhl h4rfevu MN 5bi6/ owECro�s w w..�.,r.e+. K�on MM 58�+�� .M. s+�« tio. v.�+. � �a,:. os �.«�.. f�wa+ w be »2 ie� Md,�rs h+lf�t 1+�'� SM2� c�..r •w«.a Ef�v M�M 66�.�i ,�1e1�a VM ►MM N�rsiW� 1Aw 6i2M w� sr..� Your ua� MM K7r7 M Met� �...�n. �w 6�, Arr.1M 7�+a�oro� Ou4o� :�w MM 5�601 wn L..�.w �.. � ss�oo ca. oo.►* Sti..� ur.•.rt 1�1 �ast �� c..ti, � s.n � � �► �� flbrua�y 1. 1985 Oear M�,yor. C/ty Countll. Ltquor Co�ission. C1ty Cleric-Ad�tnistrator� LiQuor Store tfanager. �nd Po11ce C�1et. Having cried rotf for �ny pe�rs on the Mine-In•Grocer Stores issue we can cryr rolf no lo�ger. Me noa �ust cry 6r Z� y e Ca ornia Mine Instltute and tbe Minnesot� G�ocers �tsoclation have conrnitted seemingly u�lt�tted resou�ces to •chieve thelr objective. T1�ESE GROUPS SHOM COMPLETE Cp1TE�IPT FOR TME MUMICIPA� LIQUOR STORE MOVEMENT! They be ieve they c�n neutraltze you and the Le�gue ot Cities by pushing tor Mine•In-Grocery Stores vtth � loc�i Optlon p�ovis/on. Local Optlon 1s an aDsolute disaster on 11Quor pollcy lssues •s the enclosed f�tt sheet reve�ls. M�ne (and/or) Bee� tn 6rotery Stores wust be Q►P95E0 IN AMY FORM. TME FOlIalIN6 ACT10M IS CRI?ICAI: 1. 2. 3. Study the tive enclosed pages of det�lled positions; P�ISS A CITr COUNCIL RESOlUTION OPP�IN6 M1ME-IN-GROCERY iN 1wr FOr�I; Send coptes of tAat resolutlon �long Mtth letters from the aDove dlvislons or depart,oent heads to; STORES any of a, llour State Senator. b. rou� State Representative. c. 6oveno� Ru4�r Perplch. d. Represent�tive Tony Bennett. Ctialn�en Nouse Co�+e rce Co�wt ttee Roo� 379 State Offia Bu/14tng St. Paul. Mtnnesota 55155 e. SEND COPIES OF ALL OF THE ABOVE TO THE OFFICE OF ?11E MINNESOTA MJNICIPAL LIQUOR STORES ASSOCIATIOM!!!! 10001 600drlth R�oad. dloo�in9ton. Minnesota 55t37 4. Also re�i�d you� electcd ofticlals of the tre�nendous present and future threat posed ejr Ta+�sht Off-Sale Lt uor Licenses and the need to repl�u the turrent �or�to�iu� r • PERMANENT B11N! !!! The sole purpose of tornshtp llquor ltcensea 1s t� estruct on and disenf�a�chise�nt of �unitipal itquo� stores. E11ERY CITY M1ST YRITE. ��U � �� ./� Robe rt Mc6uire, President tpppt (;�drKh Road • dfown�nq�on. MN SS437 • S12•935•2035 ` , , . .- WINE LtCE iTALT AND FtANCE � SAYS �/!�0 .............. COUNTtT ALCOHOL CtRZHOSIS BT tAN[ PEt CAP[TA DEATHS PQ OtDQ CONSUMtPTiOH ! 00.�� tN LITEtS �� M FitANCE 2�.0 35.0 ITALY 20.a ZS•Z U.S.A. 9.7 1l.0 CANADA !.S 7.1 FINLAND 6.� 3.S NORWAY �.9 �.1 sSOURCE: N1AAA ALCOHOL AND HEALTH R�oQT � 9�a: z3 sSOURCE: U.S. ALCONOL EPIDE�tOLQG[UL DATA REFEREAICE MANUAL ; COUNTT ALCONOL PROBLEi�t IHDICATOlS 1975-77:NATlONAL TECHMICAI. INFO�[ATION SEfiY10E. NIAAA C01�POSITE INDE� �'QZ ALCOHOL PtOBL�S RAN[ED BT THE SEY�N-FACTOR alE1GHTED lAT�.S IKCLUDIKG EST[1KATE5 ON PQ CAPITA BAStS OF ALCOHOLISM.ALCOHOL CRIMES. ALCOHOL DEATNS.pUBLtC DRUN[ENNtSS,. OQUN� DItIYiNG ETC. � 11 D SEE ANT TtEND HElE ? Catp�ite indes �i ilCOtiO� �C�iieO probleass �line :ot� i• �AN[ OtDE� traer'Y :tor�es i NE�I M[EZ1C0 Z NEYADA 3 NOlTH CAtOI.iNA � a11f01�iNG s GEOlGIA 6 FIAtIDA 7 A�iZONA a CALIFO�NIA ! I i � 1 NEaI �ERSET �2 (ANSAS �' �IIII 8 �� NO�TH DAKOTA �s MISSOUtt 46 NEBRASKA �7 lO�IA �a IKA�YLAND COMPlLID BT JAM�ES M. SCHAEFE[. PH.D. ?.b �ANUAtT 19aS YES TES TES NO 1BS TES � YES I I I �o xo � YES TES NO NO NO DATE: ?O: raor, : Januazy 31, 1le5 public 1lffairs Editors/Proqra� Directors •�iti=ens for Controlled Consun�ption tot Immediate Relesse: C1tIZENS GROUP fORMING TO OPPOSE S11LE OF MIINE IN GROCERY STORES A group of Minnesota citizens is forming to fight proposed legislation that vould perTit tAe sale of vine in qrocery stores. The group believes t�at such a change vould end Minnesota's reputation as a state vt�ere alcohol-related diseases, drivinq injurie� and deaths, and otAer social problems are among t�e lowest in the nation. ?ne group, calling itself Citisena tos Contzo3l�d �onsu�ption ICC�l, ir►cl�Ces coocerned par�nts. teachers, cles9Y, health care snd tratfic sai�tr pro[essionals, Ii aoz tet�ilers, �nd is support�d bY tb� Minntso� ,� •attt Q�� (t� be s�o �� Drunk Orivia . J111 sBart tht opi�ion Lh�L vins •n� gzoceries on't �ix--an todaT at a press conf�ztnc�, tAtY at�t�d thtis case, appealing to Minnesot�ns oi �its •ind to join tn�• in tAeir •ffoKS. Accordinq to the qroup's chairman, James M. Schaefer, a specialist in alcohol and drug abuse, 'Minnesota's liquor and drunk driving lavs are an+ong the n�ost conservative in the country. 1►s a result, we have one of the Iovest rates of alcohol-related aD�se problems, diseases and deatRs in the country. Ne'd like to see it stay that way.' 1►s Schaefer pointed out, •study after study snovs that witn increased aveilaDility of alcoAol, consumption and abuse problems rise.' To illustrate, Schaefer, said that: • Among states that have introduced the sale of wine in grocery stores, vine consun+ption has risen by at least 40 percent and, in some cases, as n+uch as 300 percent • In a study that ranked states a�cotdinq to the incidence of alcoAol-related probl�n�s, of the eight states ranking �igheat in nu�nber of problen�s, seven out of eight sell wine in qrocery stores; amonq states showing the lowest incidence of •�co�ol related problems, only two out of eiqht permit tA� sale of wine in grocery stores • J1s wine sales increase, so do propetty damage and injury producinq accidents ` 71s the nu�nber of offsale outlets increases, so do arrests and felon�es for drunken driving 11E �� 11 F To describe the possible ispact of the proposed change, Schaefer iaid that there are approxiaiately 1,200 offsale liquor stores in Minnesota. If grocerY stoses were per�itted to sell vine, the nu�ber of offiale liquor outlets could increa�e by as �ueh as �,000--a rise of awre than 300 pezcent. �n the face of the evidence,' Schaefer concluded, •it is hard to sske a cace for increasinq the availability of alcohol--wine Os othervise.' On this point, Schaefer added tAat, •wine is no different than any other foz� of alcohol. If anything, it's a little more insidious since alcoholism and other alcohol-relatea illnesses tend to be highest among states and nations that prefer vine over other f orms of liquor.• For these reasont, Schaefez said, vine should be treated exactly as other alcoholic beverages. In Schaefer•s viev, t�is means that zegulatory authority should remain in the hands of the state--not in tAe hands of local or �unicip�l authorities as suggested by this leqislation. �ccording to Schaefer, •hinnesota•s liquor store� are doinq a good job of aarketing vine responsibly• undez the current system. •If 9rocery stozes start sellinq wine,• Schaefer said, 'it is qveitionable whether this record will continue. Can ve really expect 16-year old checkout e�ployees to enforce the law responcibly? �ccordinq to Schacfez and his qroup--the answer is �o. 'Again,' said Schaefer, 'the evidence shows that in states vheze qrocery �tores sell wine and other alcoholic beverage�, illegal sale to minors ic dzamatically higher in qrocezy stores than in stores that sell only beer, vine and spirits.' On this point, Schaefer added that, •it is ironic that a law liberalizing availability of alcohol i� being introduced at the same time as a law that will likely change the legal drinking age to 21.' in Schaefez's view, passage of both bills would substantially increase and complicate the law enforcement problem, and �ould potentially create othez problems, such as loss of so�ne grocery store jobs to persons under age 21. �ccording to Schaefer, howevez, CCC does not vish to speculate about all the probJems that could occuz. 'Our job,' he said, •is to let the �uDlic see that there are two sides to the issue. we can't argue that �ome consumers would appreciate the convenience of 'one-stop-ihopping' foz wine and dinner, but to at�ue tAat it encourages responsible use of alcohol is simply n�ot true. Minnesota's system is vorking--we say, don't fix it.• POR INFORMJITION, PLE�SE CONTACT: CAROL B�UER, (612) 293-3911 �� ' . � $91�._�•iiil��'i , _. - .-.,. ��T r';� t�i � . !t� ani T�.�i ' wL Rit Lt�M .1 __.__..___ �__..__, �>a MADD r uor dealers to battle gracers �q ��; �.� :,,, . � , �- ' A �tste �oACre! 1� � � jotaet � � nqMr �oa10 perti �t aN! � �'oc.'er7 r1t . 'o- y : _ - . . . ne � artlyt �f aorva� teice bet*� Mottsn Ap1rt Dntnt Drt�rf� (W►DD) rrt Ot R tdkrs � a�►oo� t'Nesdq. w�,�� }i�btrs 1� t�er�"a . . - -,� , � � � r � � �Me� .r1r r De� 1�t be�e.b A�t tde �oo��r � �CO�dr �e�iea a�4ri . 3` .. 7� v+s �et �IM r�S M� ��t � �eoOlt � +� �d��Pb' M M� Oe drvt oQ � �w/.• 11 G �. � � � � � w, � �� .�e. r�r+oae, l�a� ... �r..� iorst d. er. p�o�, an.e le� 1Q�ot �foe�a 1� re: ab► , lbr Co�orc�fea Wmien�Ma. t bN prt�eft : r � ,,� " ' �t Ot �. �. ��4 �� DP�� U �eaaea � JaMt eeaw» �ea�e M DNkNS ! 3�cl�e:�t. d[reciot ot t�e �k�ort _ wow 1�n�w cseaw w. �r � Mae pe+o�am r ne vdva� a � !r rl. : , �J �e �aid Iecredi� I�S � M �� IADD y1a�t b are d�W clrplers i� Se fd0e b wr10e ae�/ ca� k�It lees. 'tfs 11�rt redCe�t � fMt aMt �t � �ot�e� pl:OM 1� i�.� Co�t ef Iw dep� Gro�cers �re seeth� Iil lvt�e �i �YQuive mlitd b �W ieb�iti�, Z� � i� w�wr �w _�� t�e: iy �e�! : �i Minneapotis Star and Tr�une l E.eae..+�.� �ass 8�A fl� 1.7001s �s m�yr r �.00� i� �d �ocW �orp. 71�t b�ot bod. it't ba�.' �e f�id. '� �oald pe fo10 h� at trol{� eaviroamest b � llOwr ��w �o�., �ar+a�.o. r�o�n.� .�r �..�..� doM R Rra�r E�c�/» E�or �. �. ��r�+. �r+.� r� �oe.� �. Mnra Ea�or�r 6a�er Mo�Q�. .fanuary 2�. 1�6 A loaf of bread, a jug of superrr�arlcet wine O�r crrreat �tsle tt�. lAase�odir edA ioa�t t�•o sbp o� p�resw Drae W�rlaa C�+ooaT �tore�s aned te� w!� li�oot l�ore camat se� brrM. !fe M�onod Ca�oa�s A�odstfo� fy� snc! rssttictlons are o�e�. ad�coetpe��e 1�/ a�000s�iaer. aaQ wa�b tks c�aR/el �►e y►�a u fi,�t jlaaoe, ta�rs sboee �t te�eqtnt IIQoor �is 1� �� Ror�a e�y �pDe�r t� � tfe poDat � 07 ��'�d4t ako�oi s�M. Bo�a'wti li�A Proil�tlo�tss 000trt6�ttes �Stea/ ts pn0eo� ao.�+a for se eQoor Ieau�►. s cooe. �t u. �t eoa�oar yotl�elDoob nt coa� OoD a�t �rlki w�o�t beeelft ltyncet� �� Mrt l �Ote�o�ae saso�iatlo� ci �Ase �Ilf •oali didsW t�e Mtrsclfo� d iMt �t • ttQra-ieQ�tr�' �oies� at�ne'Mt r�a! �rt �es streaq� sre 1�e��c�eaeQ beame Deople are ilald� ieas �arrt �eti Ac! ar �. a�f eoaY tt fA.ea �t d lwtws t jrooes� �+� co��p��e tor �e �aa 11ed D� !� � �lM� �lor+e�s tamat le�► se� bo� �ei.t�le�0o� ��e�► �r �oc,aY l�0�'e� eo�t prt�� OLOi� ti+0� � �� ;,�t' ii! �1�'i COr� 0� � � � � � �� i10� �i�t � S+OClIQ �fO �M � �r! � l�cne�e r a res�11. .�u oo�mees �ea� b�At �eat tawc .toei �a Q+ocer� Rars se� hrdq t� lfQuot �lo��es t►c� mo�+e vatletles nQ Oe:lf�a{�w�► �ANa T1� proimlfsor a� tl�x► 1�ore DDO� wler It eQoa� unaeces�eT ase Ao�le Dt e� da� �uo� �es �Ua�► �It �e�cl�t AoQ y�oc� Nord o�a'v�e testrfc�or • � u per�e.t eeer .ad d�ar m yo�ut P�1� i�e mot rs1fQ c+oaceia y �Ae�er �e�les wt�t 1�� yrooe�� lore� �oa3Q e000sci�e akoAot �bait. Zft � !�e �eoKa�' �� 1°°d p�ar�Aoa at m w'�e � ma1�. l�bo. tre �+a oe�{ �rqpoed w�o�eTe fea�e t!e lle�t AeCida �P 10 cbe� epar�mntl6es �tt+oo� op�pre! 1� w� i� y�OOe�T �I�ores cooiQ oa�i� Oi�ill�ia. ;� �slrr k�atfo� la� Qled i f� D�eb d tr � 11b�Cme 0�e b� �atd L d�ir� dr�re�. �t�t eoIIec�o�s �d oeoopatie� a� tb rd�. s1o�s O�t clee�e �tes tiorth� i� t�e ooa �q d �fn�e �1e�. fta�e �Quo��[ rc�eaos /o �P s�t St � at �loe labei sv��bie r a ll�d �0�1 f� VCt'EY� C�10et dl�lyd � �p�Q�C'�0� i��! i.�d�! 11001� ��t � � s �` °'� 11 N PBlIlIGM TO �iiE.11�S MINNESO?J1 LEGISIJ1TnItE !�O � . PROtlI�I! !YE SJ1Li O� iIIME IN cnoreaY sro�as . - .. ' • -; . : -+ • .• • � • � • ' tie tAt underaigr�d believ� tbat t�aking alcohol �oze ava� � le in the st�t� �ill lei�vitably 2ead to qreater consu�ption ana a� responding riK�in �Icohol •buse and s�lated proDler. . . _ � . . �Aerefore, ve oppo�e aett leqislation tAat vould per�it the sale of vine ot otAer stronq alcoholic beverages in grocery os convenience stores, or si�ilar chanqes in tbe lav tDat wculd suDstantially increaae the availabilitr oi alcohol in Mi�nesota. 1. 2. 3. �. 5. 6. 7. S?11TE � N11ME / OCC U?]►T I ON ADDRESS LBG 1 SLJ►TOR ( S 1 � �� : .. PL6JISE M�IRE MULlI PI.B COP I CS AND D I S?RI Bi�li . � i Aeturn co�pleted pttitions to: �itisens for Controlled Consu�.ption . � .' ;�. .:: - t� . � c!o Spano, Lennes, Dean i �rald _ .' �53 Hanovez soildinq , .. � : ::,� �� 0 Cedat Stt�et - . -- :; _-..� _ , it. Paul, t� SS101 , � t ' - - � � � �r • a �M�/�1►.�. •�� . . � . . _ � lB�111t ZOO !Wt YOOt SOpPORT ! � RESOLLTION OF TF:E CIT� OF FP.IDLEY Providing preliminary approval of the issuance of Tax Increment Revenue Refunding Bonds of 1984 of the Housing and Redevelopment Authority of the City of Fridley; authorizing actions of staff and negotiation of a Bond Purchase Agree- ment. WHEREAS, the City of Fridley (the "City") has created pur- suant to Minnesota Statutes Sections 462.422 through 462.716 and 273.71 through 273.86 certain redevelopment projects known as the Redevelopment Project No. 1, Moore Lake Redevelopnent Project and North Area Project (the "Projects"); and 1NHEREAS, within the Projects are five tax increment districts created pursuant to the foregoing statutory authority (the "Dis- tricts"); and WHEREAS, to finance or refinance public redevelopment costs for certain of the Projects, the City has heretofore issued three series of its General Obligation Tax Incret*ient Redevelopment Bonds in the respective aggregate principal amounts of $2,075,000, $625,000 and $600,000 (the "Outstanding Bonds"); and WHEREAS, the Housing and Redevelopment Authority of the City of Fridley (the "Authority") and the City are desirous of re- funding the Outstanding Bonds in advance of their maturity to relieve the Authority and the City of restrictions on the appli- cation of tax increments arising due to the Outstanding Bonds by issuance of the Authority's Tax Increment Revenue Refunding Bonds of 1984 (the "Refunding Bonds"), which bonds shall be payable solely from tax increments arising from the Districts; NOW, THEREFORE, BE IT RESOLVED BY THE AUTHORITY: 1. That the issuance of the Refunding Bonds are hereby pre- liminarily approved; 2. That the appropriate staff of the City be and they hereby are authorized to provide financial information, including projected tax increment revenues, existing funds balances and other financial data, to O'Connor & Hannan, as bond counsel for the Refunding Bonds and Miller & Schroeder Municipals, Inc., as underwriter for the Refunding Bonds; 3. That such staff be and they hereby are authorized to act on behalf of the Authority to negotiate with the underwriter the terms of a Bond Purchase Agreement for the Bonds, subject ta final �A approval by the Authority; and 4. T'r,at such staf f be and they hereb}� are authorizec an i,eh�i_` of the r�t :�rit,� to FroL•ide such other assistance a^� information as may be required by such bond counsel and under- writer for purposes of the proposed refunding. RB30LIITION N0. — ,9a5 RESOLIITIOp ORDERING PRBLIMII�IARY PLAIiS, SPBCIFICATIOBS AND ESTIMATBS OF THE COSTS THEREOF: STRBSP IMPROYlg:NT PAOdBCT ST. 1985-1 (ADDENDO!! #1) BE IT RESOLVED, bq Lhe City Council of the City of Fridley as Pollows: 1. That it appears in the interests of the City and of the property owners affected that there be constructed eertain improvements to-xit: Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, sfdewalks, Water and sanitary seWer services� storm seWer system, and other facilities located as follows: Holly Shopping Center Parking Lot Ashton Avenue 52nd �lay to Industrial Boulevard Madison Street Osborne Road to Lyric Lane 2. That the Public Works Director, John G. Flora, City Hall, Fridley, Minnesota, is hereby authorized and directed to draw the preliminary plans and specffications and to tabu2ate the results of his estimates of the costs of said improvements, including every item of cost from inception to completion and all fees and expenses incurred (or to be incurred) in connection therewith� or the financing thereof, and to make a preliminary report oP his Pindings, stating therein whether said improvements are feasible and Khether they can best be made as proposed, or in connection With some other improvements (and the estimated cost as recommended), ineluding also a description of the lands or area as may receive benefits therefrom and as may be proposed to be assessed. 3. That said preliminary report of the Public Works Direetor shall be furnished to the City Council. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1985. WILLIAM J. NEE - MAYOR ATTEST: SIDNEY C. INI�IAN - CITY CLERR � 6/2/2 13 � 0 \ � �I s� tt� \\ .,.. � .„. __ ..... ;_ ::.., ° citY os vRio�er � ..e.. can... �..��o.. — �+r�srtr �= s: � � ..�4•.� -- e � .' � � + 13 A _ � VOTING sQDOI pISTq1CT5 O�ipCTS w � � -� .. � �' 1 .. - � ��_=-- - � .r-�`�_ � - - � �r., - .. �.... �. v� ..c � �: ��'/��"..I� i' � �I��' � � � ' a� JllL�_ ��11_ ' �►"a�� < \b � � �� -�„ �� t — i'��` =:-1'� �'� `i �6. � � 1� �� t Ii ,r_.-. - � �^' � � � � � _� I , !� ��'E i�;� + � Ir__ � � hT i -_ '" L `` _ ------, ._.. � r i �_ - 1 i; � � i =i � i �'�1 � �� I � a�.= � s --, , � � G �. J._,. � .,�.:�� - , ,�� i ��. ,` �� r ► � t - �l� � ,��-, i' r �� -- '� � (,�',_l I.J = " °- -- i�� —� JL._ __'• _ '� w..�= ►E = 1 �� h;�— — � — —1� �'� _ _ _�' � `��f�- ��v,�v 1 � �`s ; �— - � �i = _ .. _.. ._.. � _ 1 , ' . .- -�� ' � �= 1 — _ _' _ . •.�';"r_w_-� i' � ��`� e G s : ----y . � �,;�'�-.�T�; I'. ti .; ' Y : " �_-:.�� — _� I: _., � I, /��t�I �y��lC') i�a+�-. q�'/•� lr�`�^• ��r� .�%' -� �.. • � I � .-+-./L ' �l{ �`' .� 5"`-; i i ��a`�'� ,�I`._' _. .� ,- __ _--; �4�T.`�� a' ' � � � � • ., ` F 1 'i . , , ..-.. i `��I ;� ` _\� i � ; // �, � �� t � rn., J'✓ `; . y �-� d `s"' � - %�� ,:�1 -�� i �, i F iy - _..: �� _.—,/� ��-'/ �' il 1 1��.: E � I �-��` ` � �!�._�t f ��'-�� ` �/ _ �_L ,�-� ....I�. �, , � _ - -- y - ' 7 t_ . ,T, _,__ - - - __ -�t �.1 - ;- - ��" t: .� -"". i � - — — — � -�. � _ -?� _,.;��.Jl�► ' ��-� ;� � :� ;i _ — °-T �, - � _ , ; - — - -- — - r — � .�-,- �� - ,.:: �'° �� '� ` C� ��r-, " �E�' �p � ` � i � �. � � ;J!�..<'� = iF ji -- �— , � ► i�-; ; / ,. �� '- � ,t _;h �� '� _;�� J� ,� ,M � s _T„-- �e� j�, ' �K- -� _ �i � , ' �._��,,;_ .1`---�`�r _c' �JL1 • I��• i- ' c�4° f �� ( � �. J � 'r �� 1 `_ S V Jp�� . _J��. �I~�T � Ij ' � � ��. .� _� � �'. �y'��' yI!�' �'��Y f �.� � � � f � `� � � . � ' •' � � J _ " `�,'� � • � t /� �� ;°, �;, `�+f�" 1 v.li; � �4�� .�J' � _ eV,• ��K�:i J!� 1 : i •k°, I �'� -- ��T' ' �` _ V �� rooRE •�•~'�� r`�n ��. � �f�� r � z � i -`^ „ ,, �-� � :, ,�� J� `�� ' � � ,� '� F � , �,, � o �� ,.d.� � .. ;�_ .__ ;i � � � , � : I, ��...�,.� , e*� T , , : � _,�„��,�v • o � �, � �' �! _ _ �. �� ; ,; °�� k �' . I ., � � ; � ---- :� .: � , . " �Y';J j�, � �� n� IE M � . =- G`� : � i i �/ ___� ' �� -1 - �� I >' � �� , - — — �`'�..rP i i�1� �� `_, v'�! > a �` � `r � - � �—.�`` ,�. t � � � ,. �'1, — �--- � , � � � ia.. . _ �� ,----�,• i � ��4�'�. �" i� ��F` �r.J''�� `��` '� � ` ��(l� �. ' � �' : ' - - �_ �� =�y�; � �`,I,"�--_� - � _ ... - � ' I t i c, i � ,�M; - �' �� _ � �� .... . ...... � �r�s ms*s �� .. _ � i�''1`t i � L�� S .��. y�_ 57�.• �� ' _�_ _�....� •...�. CC.� • •` y `=�\� :. � i,^.� !��'r ��. : �S � C= � ��` � • Ir4 �1 � �'._ ��' � �:` j _� Fs ..l.Jl �I ` S. � � � = �� .. �C'. .. — '� '� t .'F_._�a�1iiL' I� :- � .. �...�. « =� i'.�. _.� � ? � ' � � .�,'.. � � g - . � = TI�,� � _ _ - = - _ �=:. �, =��..� �; - _ :�:- - z. __ —_�.— N� a �`°s � .r _ -- i; _ _ =.. . ��. � .,.. " � _; _ �-. .. 0 , RESOLDTION N0. - 1985 A RB30LOTIOp RECEIVING THE PRELIMINARY REPORT AIID RECBIOIIIG A PSTITION T0 WAIVB A PIIBLIC HEARIIiG 011 TBB !lATTER OF THE CONSTROCTION OF CERTAIN IMPROVEl�NT3: 3TRBET IMPROOEI�NT PROJECT 1985-1 (ADDENDIIM #1) WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property oWners affected thereby. BE IT RESOLOED, by the City Council of the City of Fridley, as folloWS: 1. That the preliminary report submitted by the Public Works Director is hereby received and accepted. 2. That the City Clerk shall act to ascertain the name and address of the owner of each parcel of Iand directly affected or xithin the area of lands as may be proposed Lo be assessed for said improvements, and calculate estimates of assessments as may be proposed relative thereto against each of said lands. 3. That the area proposed to be assessed for said improvements and each of them as noted in said agreement are all the lands and areas as noted in safd agreement. All of the same to be assessed proportionately according to the benef its received. 4. That the estimates of assessments of the Clerk shall be available for inspection to the owrner of any parcel of land as may be affected thereby. 5. That all property owners xhose property is liable to be assessed with the making of the improvements have signed an agreement requesting the improvements and constitute 100� of the property oWners Who will benefit from the improvement and do waive the right to a public hearing Which is allowed under the normal procedures set forth in Mfnnesota Statutes Chapter 429. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF � 1985. � WII.LIAM J. NEE - MAYOR ATTEST: SIDNEY C. INMAN - CITY CLERR 6/2/3 14 C IZY OF FRIDLEY 0 PETITION COVER SHEET petition No. 4-1985 Date Received March 12, 1985 Objecc Public Improvement Petition in Development Agreement between the Housing and Redevelopment Authority, the City of Fridley and Heartland UniversitrL Cortmercial Limited Partnership (Section 9. ag� e 4 0� agreement). See agreement for details. petition Checked By Date Percent Signing Referred to City Council _ Disposicion 14 A 14 B The foregoing improvements shall be made in the order speci- fied above. Prior to aiakinq any such improvement, tbe Com- pany shall present plans therefor to the Authority tor prior approval•, together with an estimate of the cost of such improvement. Following the completion of each iaprove�ent, the Company shall certify to tbe Authority the -actnal cost incurred in making such improvement. The Parties agree that the Company may include in the cost of any improvement any architectural, engineering or related expenses necessary to the planning and completion of such improvement, and the Parties further agree that the Company shall be obligated under this Agreement to spend no more than a total of $350,000 for (1) the costs of such improvements and fcr (2) the public improvement costs to be paid by the �ompany pur- suant to Section 9 hereof. The Company shall undertake and complete the foregoing improvements in the order listed above but shall have no obligation to make any subsequently listed improvement if the sum of all other higher priority improvements (together with the amount to be assessed for public improvements pursuant to Section 9 hereof) exceeds $350,000. Section 9. Com an Petition ior Public Im rovement!• � reement to P O�ts ?her�o . Coapany here y repre- sents at t� t so t owats 1001 of the property t be bene�ited by the publi�� i�Qrovements to be completed b the Autbority or the Cft�e �trluae`�t to this Agreement. Th Co�apany herebp petitions the Authoritp and the City to mak such improvements in accoraance vitn this Agreement an hereby sqrees to be assessed and to accept assessments f such improvemeats ip the amount of the cost thereof, but no exc��din4 5100,000; provid�d, however, that tAe Ccmpar�r shall not be aasessed for the i�aprovements to be made o Parcel A under this Agreement, and the cost oi such improv ments shall aot be included i� determining whetAer the for - going 5100,�00 �axisu� assessment has been exceede�. Th Companp hereby gra�ts to the Xuthority and�tre City t riqht to enter upon the Bollp Shopping Center in order t unaertake and co�piete tbe public i�provements specified i or contemplatea by this Agreement.� Section 10. Company to Maintain Landscaeing and Green- v_a�s. The Company hereby agrees that it shall maintain all Ian�scaped and greenway areas which are constructed pursuant to this Agreement. The Company further agrees that, in the event of its failure to comply with the foregoing sentence, the Authority or the City, upon 15 days' ptior writtien eotice to the Company, may do so in the Company's stead, and the Company shall be responsible and liable for the costs so incurred by the Authority or the City, and upon demand therefor, the Company shall• inuaediately pay such costs to the Authority or the City, as the case may be, failing which - 4 - CITY OF FRIDLEY PET 17] UN COVER SFIEET Peci • io�� N��. 3-1985 Bace Received March 1 i 1985 � Ubjecc To wi�en Nadis4n Street at the location of Unity's new__ __ ambulance entrancQ drive. (St, i985-182�_ Peticion Checked By Date Fercent Signing Referred to City Council Di�position 14 C UNITY MEDICA►L CENTER S50 Osborne Rood • Fridley MN 55432-2799 612/786-2200 IMa rch 7, 1985 Mr. Mark L. Burth Assistant Public Morks Director Ci ty of Fri dl ey Civic Center 6431 University Avenue N.E. Fridley, Minnesota 55432 Dear Mr. Burch: 14 D ••• AH �^� Me are formally petitioning for the City of Fridley to widen Madison Street and the location of Unity's new ambulance entrance drive. It is our understanQing that the widening of Madisor� Street, replacing curb and gutter, replacing sod and (if needed) constructing a retaining wall. would cost approximately 530.000.00. This amount would be assessed to us over a ten year period. - Unity Medical Center agrees to have this work done by the City of Fridley and further agrees to pay the assessments of this work over a ten year period. It may be advisable if a represenLaiive of the City and representative of M. A. Mortenson Company (general contractor), Hammel, Green and Abrahamson, Inc. (architects/engineers) and Unity meet in late March or early April to coordin- ate the widening of Madison wlth Unity's ambulatory care certter project. Please contact n�yself or our Yice President for Strategic Planning, Mr. James Faulwell, if you have any questions regarding our project. Thank you for your time and assistance. Yours truly, . � � ;��'"` F. Haines � xecutive Vice President JFH:caw cc: James A. Faulwell V�iioda�ng mgcthcr [or a htalthicr you CITY OF FR[DLEY PET 1?l uN t;aVER S�iEET pe c i• i o�� N�•. 5-1985 Date Received March 12� 1985 objecc Street. Sanitary Sewer, Storm Sewer and Water Improvements in Great Northern Industrial Center, Burlington Northern Railroad Peti[ion Checked Bv Percent Signing Rtferred to Cicy Council Di�poaition Date lU E 14 F �� BURUNGT�ON NORTHERN RAN.ROiAD PROPFRTY MANAGEMENT Fridley City Hall 6431 Dniversity �,ve. N.E. Fridley, !RN 55432 Attn: Mark Burch, City Enqineer Subj: Requested Public Improvements Dear Mr. Burchs Twin Cities Region 176 East Fifth Street P. O. Box 64960 St. Paul, Minnes�ob 55164 Mazch 13, 1985 k'e have additional property east of the Great Horthezn Industrial Center plat extendinq to our rail. This property is beinq platted and offered for sale. These lots when developed will need streets and other utility service available. Pursuant to our earlier discussion, Burlington Northern Railroad Company is requesting that you prepare needed plans and take bids on these improvements. It is necessary foz us to make such a request at this time so that you can obtain Council approval to the proposed Froject. It is further understood that we can, at any time prior to April 30, 1985, advise the Cit}� to not make these improvements and the work will not proceed. Such action is aot anticipated, however, recognizinq the risks inherent in any development project the Burlinqton Northern Railroad Company needs to maintain this right and to be assured that it vill not, if such action is taken, bear any project construction costs. Burlington Northern further agrees to waive its right to a public hearinq and agrees to pay the assessments for the project improvements. Our consulting engineer, Ayres Assocaites, will work with you to expedite the work. They are completing the topo- graphic surney and willthen provide planned stzeet grades toqether with needed utilities layout. A copy of their preliminary plan is provided for your use. Sinceral , . . ' rman Manager RESOLDTION N0. - 1985 RESOLtJTION ORDERING PRELIMIAARY PLApS, SPBCIFICATIO�S AND E3TIMATB3 OF T8$ COSTS THEREOF: WATER AKD SANITART 3BYSR PROdBCT #150 BE IT RESOLVED, by the City Council of the City of Fridley as Follows: 1. That it appears in the interests of the City and of the property oWners afPeeted that there be constructed certain improvements to-�rit : Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter� sidewalks, water and sanitary sewer services, storm sexer system, and other facilities located as follo�s: 73 1/2 Avenue Cul de Sac to 110' West Ashton Avenue 52nd Way to Industrial Boulevard 2. That the Public Works Director, John G. Flora, City Hall, Fridley, Minnesota, is hereby authorized and direeted to drax the preliminary plans and specifications and to tabulate the results of his estimates of the costs of said improvements, including every item of cost from inception to coctp2etion and all fees and expenses incurred (or to be ineurred) in connection therexith, or the financing thereof, and to make a preliminary report of his findings, stating therein whether said improvements are feasible and whether they can best be made as proposed, or in connection vith some other improvements (and the estimated cost as recommended), including also a description of the lands or area as may receive benefits therefrom and as may be proposed to be assessed. 3. That said preliminary report oF the Public Works Director shall be furnished to the City Council. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1985. WILLIAM J. NEE - MAYOR ATTEST: SIDNEY C. INMAN - CITY CLERK 6/2/4 � � , . 15 A - � _ `�, �T--- —•,•• QITY Of iRIDLEY -� _. _! G ; ��N�w � I � , \�j e_�a:;` � ��i' � �r� mre..�a�o*. , �. . t9,+ a � voinl� so�oo� `;'"'``''`: �;; ;�• ;, ;;�; �-- ..r.�..t.. . � : _.: .! — cisrnicts astwcr s , ,} . •�ejVi�% l��i=iJ� a,��1 f �� 'r� .. �F� — � 1' !.•`J:'�"V'i� �;� �'-a;l � "�'�� •M; �..� .. . I !.� A � �� „�� y� ••M �� ...� l �' ci''_�` i ._.'�..:. '��R� .- , ��--'-- /��-�� .�. �'�'7�' j , __�. � � _ ..., _..- J��, '_'I�k- . � �- I � < �r � ^ " ! � L ''t 'v _ � i �r �,,;.�� . - �L��. �'•`ec=c� �f ._ `6 _ =.T ❑ca � � \� '/-.��°'" _. � '- ' i � s�' _ _ • . ' _ \ - � ��`. F - �� = w w�.r. - . \ ' . J � x �.c� � � r...� V/ ,��` Ct� `.;�*^�",�._ `�R`' � �f^�� / �—... ,v c �' !.; � :._J�� . 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' � � � -J � r----_--� �r � �� ca� k�' � .�� -_�: ;� I� �► _ , �,, � � r `' -^--�- � . i = � ' `�- t ' ��:: �- _ - y ,_ +�: i.`� `� .J � � . • '.�� I �r� l_� ; � L�.rj � -�rw . � . • � , � // �/�C / � � ��` � �3 / � �� _ � J• � � " / s. . C� j ' ( � ��K� �� . , ••�a'�, �c --� ' -- �� I � is. . rOp11E � j �� t-- i ii:. ��: �, W {� _ - � f 1�. t�-- - : � r •• °�� _ U� f . ''� + . ` , _ . , .. �;� ,� �� • `r_ � �� `-i-- e I °'=a^; ' ��'�� -i .� f �� I ',-' ' � �-�. _� ::I �,�. � � � ;��:�i,�, � .� ' a � � � "�� =-'=�� . �4 � o � �� ----- -�' � ,__ - �-�_�-.'-�� F`'�� ,�+ � L �� J 1 =` �, T� i � / � _, - _ �{�� > �" � ¢ -, j: � - ;i p � ,,� '� , �t - _ _� ��-��. Qq'` It� i i ` ° �r-�---,`",~ r, .� � ,�� -- ;`l-- �� i :� ii� ,n " - ' !!'i!�' '-��'J�}--t^•I . � • ,,,�� > ( �_ f � ' i F= _ � - �'� _ ��-C��..�f�. � s - �---^�,-�i�l:� 1'— -�c .� ` �!�- � � r _ ... . � . . • � � I t .� � ` . � �^� j � �� _ _ ��...:•y ., � . .. «.. �r�s ms�� rra� � f 1 == �,:�. _ � ��\\ ��S ..�.�. .. � - LC: .�.� �' .�',^,� .. . � I ��('� . J T.w..:�.� ..�._ CC � t _ ,\1\ _ ,. ;1 I� i�l I��f _ _ �. � : .. == =�p �� '%"''7 t 'i � s, � LZT=� C�. .. ��• .. .i�� =r=., . �! ��T�� --. � __ _��: s=: — $ . --- ,�-,� �.: - „ ••_. � �� :. - : �_ N :l .�T��L��' °-�=' ' " == � � __ - N ,`�.,, �S r ,�-- . - !i. � � �'� : :. .. �� .��.- �, � , : TT, i �: _ --- - ---_ -___ __. _-� . 0 RESOLOTION N0. - t985 A RESOLQTION RECEIVIHG THE PRELININARY RBPORT AND RECEIVING A PBTITION TO WAIVE A PQBLIC HEARING ON THB MATTER OF THE COKSTRDCTION OF CERTAIIi II+lPROVENENTS: WATER AND SANITARX SENER PROJECT #150. 16 WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby. BE IT RESOLYED, by the City Council of the City of Fridley, as follows: 1. That the prelimfnary report submftted by the Public Works Director is hereby received and accepted. 2. That the City Clerk shall act to ascertain the name and address of the owner of each parcel of land direetly affected or Within the area of lands as may be proposed to be assessed for said improvements, and calculate estimates of assessments as may be proposed relative thereto against each of said lands. 3• That the area proposed to be assessed for said improvements and each of them as noted in said agreement are all the lands and areas as noted in said agreement. Al1 of the same to be assessed proportionately aceording to the benefits received. 4. That the estimates of assessments of the Clerk shall be available for inspection to the owner of any parcel of land as may be affected thereby. 5. That all property owners xhose property is liable to be assessed with the making of the improvements have signed an agreement requesting the improvements and constitute 100',� of the property owners xho will benefit from the improvement and do Waive the right to a public hearing Which is allowed under the normal procedures set forth in Minnesota Statutes Chapter 429. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1985. WILLIAM J. NEE - MAYOR ATTEST: SIDNEY C. INHAN - CITY CLERK 6/2/3 CITY OF FRIDLEY PET 1?l �JN (;OVER SlIEET Pe c t• i o�• N,� . 5-1985 Date Received March 12. 1985 Ub�ect Street. Sa�itary Sewer. Storm Sewer and Water Improvements in` Great Northern Industrial Ce�ter, Burlington Northern Railroad r�t�cio� Checked aY n.c� � Percent Siening RefeTred to City Counctl _ _ __ _ _ _ _ Di�po�ition �_ _ 16A BURUNGT�ON NOR'i1�1ERN RA�ROAD PROPERTY MANAGEMENT Twin Citie6 Reyion 1�6 East Fifth Stnet P. 0, Box 6+t�60 St Paul, Mitw�aob 55164 Tridl�y City 8a11 Mazch 13. 2985 6�31 Dniversity Ave. P.E. Fridley, MN 55�32 Attn: Mark Buzch, City Engineer Subj: Aequested Public Improvements Deaz Mr. Bureh: . h'e have additioaal property east of the Gzeat Northern Industrial Cent�r plat txtending to our rail. This property is beinq platted and oifered for sale. These lota vhen developed will need streets and other utility sezvice available. Pursuant to our earlier discussion, Burlington Noztrern Railroad Company is zequestinq that you prepare needed plans and taka bids on theae improvements. It is necessary for us to make such a request at this time so that you caa obtain Council appzoval to the proposed Froject. It is further undezstood that we can, at any time prior to April 30, 1985, advise the City to not anake these improvements and the work will not proceed. Such action is not anticipated, hor+ever� recognising the ziaks inhereat in any development project the Burlington Northern Railzoad Company needs to n+aintain this right and to be assured that it aill not, if such action is taken� beaz any project conatruction costs. Burlington Northezn further aqrees to waive its right to a public hearing and aqrees to pay the assessments for the project improvements. Ouz consulting engineer, Ayres Assxaites, Will work with you to expedite the xork. They are completing the topo- gzaphic aurvey and willlhen pzovide planned strofttheires togethez with needed utilities layout. A copy preliminazy plan is provided for your u�e. � Sincerel , : � . . �►� Manages 16 .. � ��.t :. . p :�•�,•�r�,• ��• �� L �4� .�.i..��• �� =i�t:tt..:t .* ...,. :tlj�.*.:�� .. e •. . •. •. ! • � r��. ••�� .� h.:: S": . � , � ij��r-1 • • • • � • ..� ♦ •��w��.� � �.�.�� .��. �w ..M�w• �� = � ... .. .. � :� .. �.. .. � - .i. : ' :� ..� =. _` . z. oORE .. . :- - -.- r -.=��. ._.. �� • �.�. .�� .. . _ _....r .._... 11• •N��if��.. � � � —1 �� w ��• � �� `�R� `N��t � _ � w � / ._. �� .+�� .....- � — � � �i� � .... � :�..,. - .w�. • ..� � i�KE j � �. � � � -�' . _..,�r... .. . •'. .ss::�i;•...... • � � � � i � �N • � ��.+ .�. _ � �• /�� : .. 1��,: ' . 11 / ' 1��'� � �j� 1 �� • ,.. ''��•'.� �� .11�� i��'N�� i,� (N�;��f�� i�;�� 1r�� 1�'1�� '1�1�,' �IIN�1��1��.�11L .n ��• • . •• •�• •�• �r_1�►� ;;_. .::: _��::. ...._._. ._. � � , _ * . _ L 17� A � . ` .• : 7 �''� ; �� ( • � I � •�t _ � � N�� _:� � � _„_ _ _ _. � � a�w.n Nu.w, ' C0�!�TY � s � � � � � � �� :: � � : i � ` - PROJECT AREA NORTH DANUBE RO. - ARTHUR 8T. to WEST DANUBE RD. ARTHUR sT. - NORTN DANUBE R0. to 4Z8' NORTH EAST DANUBE RD. - 1NE8T DANUBE RD. to NORTH DANUBE RD. MIE8T DAM�BE RO. - NORTH DAIWJBE RD. to and Induae� CUL-DE-SAC to th� 80UTI tl�lSBt1UCK DRIV E- EAsT DAMJBE RD. to CITY LIMITS RESOLDTIO� NO -i985 A RESOLDTION ORDERIIiG IMPROVEl�IIT, APPROYAL OF PLANS AIiD . ORDERIIiG ADVERTISENENT FOR BIDS; RF�[OOAL AND RSPLACEMENT OF MISCELLANEOOS CONCRETE, CIIRB, GDTTBR A1�D SIDEifALR - 1985 WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property oxners affected thereby. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota as folloWS: 1. That the following improvements proposed by Council Resolutions are hereby ordered to be effected and completed as required: Removal and replacement of miscellaneous concrete curb, gutter and sideWalk. 2. The plans and specifications prepared by the Public Works Director for such improvements are hereby approved and shall be filed with the City Clerk. The Public Works Director shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such improvements under such approved plans and specifications. The adve rtisement shall be published for three (3) veeks (aL least 21 days), amd shall specify the xork to be done and will state that the bids xill be opened and considered at 11:00 a.m. on the 16th day of April, 1985 and that no bids will be considered unless sealed and filed With the Publfc Works Director. That the advertisement for bids for REMOVAL AND REPLACEMENT OF MISCELLANEOUS CURB, GUTTER AND SIDEWALK - 1985 shall be substantially in the standard form. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , �9a5• WILLIAM J. NEE - MAYOR ATTEST: SIDNEY C. INMAN - CITY CLERR 3/7/1/19 Ci: � � F�TMa� ��TE 3/11/85 � - � 0 r ►w Jo iu��ECT OtAECTORATE oF Pue��c woRKs MEMOAANDUM Flora, Public Wks.Direc Weed Narvesting of West Basin of Moore Lake f0 Nasim Qureshi, City Man �e �� (�� o �r � � . �- � �_ PW 85-59 •C T IOw� IN p — - --..� — ---- —� The most recent information I have received regarding the weeds in the West Basin of Moore Lake indicates that the DNR will only suppart a 10 percent chemical application to the basin, but will support close to 100 percent of weed harvesting (less cattail area). The chemical application could be applied to approximately five acres of West Moore Lake. This five acres could be established in any confiyuration but as it changes from a square it becomes less effective. Chemicals can be applied in early June and depending on the area treated, could suffice for one year. Results obtained would be dependant on the migration of the weeds and weeds in the area after application. Approximate cost of the chemical treatment is $300.00 per acre or $1,500.00 per year. Harvesting can be accomplished over a larger area at a cost of approximately $14,000.00. The actual number of cuttings would have to be determined once the first operation has been completed. Weed harvesting should also be scheduled in early June. As of Marchll, 1985, of the 32 letters sent out to residents along the West Basin of Moore Lake, we have received a total of 15 replies. Fourteen are in favor of the improvement and one is against the weed harvest. Based upon this information and the poor response of the affected residents, request guidance on how we should proceed. JGF:jmo � � �1TYOF FRtDLEY ��,� � c --p� i CIVIC CENTER: • d�3f UNIYERSITY AYE. N.E.. FRIOIEY, MINNESOTA SSS32 • PMONE tat2i 371-J�SQ ��bruar7 S• 19d5 Dkar Koore Lakc Property Amer: FROM THE OFFICE OF COUNCI�MAN DENNIS SGHNEIDER RES. TELEPHONE: S%1'%OS9 �19 A �,� Ba�ed on recent neighborbood iateresta ie� i�pro�ementa to tne vest �ide of lloor• Lake, the Cit� Council hss asked our staft ta eor�duct preli�iaarY Qiacussions �itb con�ulticg fin�s on oetDods to i�prove Lhe veat aiae af tAe lake. Yeed hervesting is one �uch �etbod to nmo�e tbe aaautl yetd p�ovth. Tbe prelisiea� coat tatisste to eut tee weeds is approsi�ately f15,000 per Yeed cuttina. It �sbould be pointed out tQat our coasultin� fira indicated tkat at leaat two or tDree cuttto�a eay Oe reQuired �acd �ear. The weed b�rve�ting process needs to ps ��aluated for ita •ffecti�eness. Z A��e rorked tAis issue vit� tbe Citr Council •nd our City Manager, and am hsDpy to report tl�at tAe City ba� aarecd to t�ad tbe tull eo�L of tbe �� wee0 harveat. Thia Darve�t rill be used for eva2uatioa. It ril2 take pl�cc this a�rins. Aaa�ir� th� tvaluation is poatti�e, xe aeed to addreaa the isaue of aa on �ing �eed barveat program. Previoualy •any of lou indicated a villingneas to Qelp •h�re tAe cost ot iceepiag tDe vest aide of tbe lake cltan. The ■oat equitable aoat aAarin6 eett�od vould pe Daaed o� lakeshor� ovnershiD. ?!�e City ovns aDpro:imste2y 35f of the sAoreliae, wsile the ather 65f ts pri�atel� ar�ed. The overall ahoreliar is about �.3�0 t�et, thus tbe co�t per toot per Darvest ia aDout =3.�5• Ass�int the Cit� pays tor it�s 35f for •�cD additional Dirveat� the remainins Coata ot about =g�750 xould� un�er tbia proposal� pe apread to the private owners at tbe rate at =3.�5 per runaiag toot of lakeahore arned. It tbia �roposal !a a,greeabl� to �ou, plesse indicat� br ei�ing the fore on the Aest pa6� and returain� it to tbe Zrtdley Cirie C�Ater py Februsry 21, t98S. It ieveaty-five percent ot tbe yroperL� oxnera a6ree to this plsn. and are villiag ta sDare id t�is project aa out2ln�d� tDe Cit� vill scbedule Lbe initial xeed cuttiag (�e to�� citr coats)� Mith a21 tolloxias Weed cuttiAaa to De compieLea on a•hare Dasia. pera�ita tor reed Darve�tlnt sust bc oDtained from tne Department ot Ilatural lteaourcea� so �lease reapand Quickl� ao thst t�e yereit csn De obiained for tbe iaitial barvest to occur tbis �pria�. It �ou have aa� Qneatioas, pleass Qo Qot beaitst• to Qall •e {5T1-T059) or John ilora� PuDlie Yorks Director (571-3�50). Si rel�, .`+�...-+,�. ��L*�,.�-- Dennis 3chaeider Couacil�an, Yard 2 RESIDENCE: CI�O S7INSON BOULEVARD N.E., FRIDLEY, MN 55432 =I FQR CONCURRENCE BY THE CITY COUNCIL -- CLAIMS CLAI��S ho, 14S2 - 1880 20 � �i FOR CONCURRENCE BY THE CITY COUNCIL -- LICENSES ,J March 18, 1985 Type of License: B� Approved By: CIGARETTE Fireside Rice Bowl Oliver Tam James P. Hill 1160 Fireside Dr. N.E. Public Safety Director Fridley, Mn. 55432 Sandee's Wm.F. Weiss James P. Hill 6490 Central Ave.N.E. Public Safety Director Fridley, Mn. 55432 ENTERTAINMENT Ground Round Howard Johnson Co. James P. Hill 5277 Central Ave.N.E. Public Safety Director Fridley, Mn. 55421 Shorewood Inn Wm.A. PJicklow James P. Hill 6161 Hwy.#65 N.E. Public Safety Director Fridley, Mn. 55432 Stuart Anderson Cattle Co. Saga Enterprises Inc. James P. Hill 5696 University Ave.N.E. Public Safety Director Fridley, Mn. 55432 FOOD ESTABLISHMENT Fireside Rice Bowl Oliver Tam 1160 Fireside Dr. N.E. Fridley, Mn. 55432 Fridley Bottle Shop Robt. McQuire 6289 Hwy. �65 N.E. Fridley, �1n. 55432 Grace Lutheran Church Daniel Fleischer 460 - 75th Ave.N.E. Fridley, Mn. 55432 Ground Round Howard Johnson Co. 5277 Central Ave.N.E. Fridley, Mn. 55432 Liquor Warehouse Robt.McQuire 214 Mississippi St.N.E. Fridley, Mn. 55432 Sandee's IJm.F. Weiss 6490 Central Ave.N.E. Fridley, ��1n. 55432 Shorewood Inn Wm. A. Nicklow 6161 Hwy. #65 N.E. Fridley, Mn. 55432 21 Fees: $12.00 $12.00 �85.00 585.00 585.00 S45.00 Exempt Exempt 545.00 Exempt $45.00 �,45.00 a� FOR CONCURRENCE BY THE CITY COUNCIL -- LICENSES _„/ March 18, 1985 _ Page _2 Con`t. Stuart Anderson Cattle Co 5696 University Ave.N.E. Fridley, Mn. 55432 U�iversity Station 7610 University Ave.N.E. Fridley, Mn. 55432 Private Gas Pump City of Fridley 400 - 71st Ave.N.E. Fridley, Mn. 55432 TREE REMOVAL Fridley Park Dept. 4Q0 - 72st Ave.N.E. Fridley, Mn. 55432 VENDING MACHINE Fridley Fire Dept. 6431 University Ave.N.E. Fridley, Mn. 55432 Sunshine Club 6431 University Ave.N.E. Fridley, Mn. 55432 ON SALE BEER University Station 7610 University Ave.N.E. Fridley, Mn. 55432 Saga Enterprises Inc. Lloyd Smith Ralph Volkman Ralph Volkman Robt. Aldrich Mark Burch Lloyd Smith Richard Larson Fire Inspector James P. Hill Public Safety Director 21A $45.00 �45.00 Exempt Exempt Exempt Exempt $21.09 = FOR CONCURRENCE BY THE CITY COUNCIL " ESTtMATES 22 !l�ii� 18, 1985 Herridc i I�iewm�n, P.A. Attorne�ys at L�nr 6Z79 i�ivereity Avenue N.E. Ftidley, !N 55432 Servioes rendered for February, 1985 by City Attorney Hickok � Associates 545 Indian Mo�d Wayzata, [rN 55391 Moore Iake liestoratian Project II Aeports and Evaluatians Partial Esti�aate - Period D�ding Period Ehding February 28, 1985 Hickok b Associates 545 Indian ha�d Wayzata, !rN 55391 Moore I�ke Restoratirn Project II E�gineering II Partial Estimate - P�eriod Q�ding February 28, 1985 � $ 5,402.86 $ 122.04 $ 2,263.67 �r�w � MIRt�CR pAVq • MtwWN , JArli t. �G�MNCR�[MR HERRICK � NEWMAN, P.A. �rrw.K•s �r u►w March a, i9as City of Fridley Civic Center 6431 L'nivetsity Avenue Northeast Fridley, MN 55432 February Retainer: HOURS IN EXCESS OF HOURS IN EXCESS OF BY LAW CLERK): 30 AT SS0.00 PER HOUR: 30 AT S25.00 PER HOUR EXPEtiSES ADVANCED: Mileage re Massage Parlor: Mileage re Nassage Parlor: Postage re Burlington: Postage re Massage Patlot: 358 xerox copies: BALANCE DCE: 22 A �:� YNIViAiKt �VlM�J< M i f11101E�. MtNNESOTA yS�32 •7 � -l�s0 51650.00 3330.00 352.50 1.80 9.30 1.10 3.96 53.70 S5402.86