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07/14/1969 - 5494� � � ' �l. � , � � � �_J � � , w � � �li COUNCIL SECRETARY- NEL MERffRR COUNCIL MEETING AGENDA 7:30 P.M.- JULY 14� 1469 PUBLIC HEARING AND WORKSHOP MEETING AGENDA - JULY 14, 1969 - 7:30 P.M. PLEDGE OF ALLEGIANCE: ROLL CALL• ADOPTION OF AGENDA: PUBLIC HEARINGS: 1. Consideration of Rezoning Request (ZOA #69-02) by George M Nelson. (Generally located on the south side of Onondaga Street and west of Lakeside Road) 2. Consideration of Vacation (SAV #69-04) of all that part of Horizon Drive lying east of the east right of way line of Third Street N.E. � 3. Consideration of the Final Plat (P.S. #69-08) Marion's Terrace, by Howard Crabtree. (Generally located on 71st Way and Riverview Terrace). 4. Consideration of a request for a Special Use Permit for Construction of a Two Family Dwelling in R-1 Zoning. (Lot 3, Block 4, Ostman's Addition) Roqer L. Peterson. 5 0 Consideration of Street Improvement Project St. 1970-1 Consideration o£ Final Assessment Roll for Street Improvement Project St. 1968-1A 7. Consideration of Final Assessment Roll for Street Improvement Project St. 1968-2A. OLD BUSZNESS: 8• Resolution Making a Transfer from the Public Utility Fund to W-75 Waterworks Improvement Bond Fund, Improvement Bonds of 1960 Fund, improvement Bonds of 1963 Fund, Improvement Bonds of 1967 Fund, and Refunding Bond Fund. Paqes 1 - 6 Pages 7 - 9 Pages 10 - 13 Pages 14 - 20 Pages 21 � 23 , Page 24 Paqe 25 Pages 26 - 28 ' ' ' ' ' � 1 ' ' ' t ' ' ' ' ' ' ' 1 PUBLIC HEARING AND WORKSHOP MEETING AGENDA OF JULY 14� 1969 NEW BUSINESS: 9. Consider.ation of application for suilding Permit for 6156 Stinson Boulevard, James Van Erden. 10. Resolution Confirming Assessment for Street Improvement Project St. 1968-1A. 11. Resolution Confirming Assessment for Street Improvement Project St. 1968-2A. 12. Communication from Kaye Construction Concerning his Rezoning Request. Comment: Planning Commission met July 9, 1969 and will have their recommendation ready by Monday night. 13. Consideration of Bylaws of the Volunteer Firemen's Relief Association. Comment: Copies of old Bylaws in Agenda Folder for purpose of comparison. 16. Approval of Special Legislation Relating to Firemen's Pension Act. Comment: Copies of Legislation in Agenda Folder. 15. Receiving Report Regarding Repair of Well #1, #2, &#7 ADJOURN: PAGE 2 Page 29 Pages 30 & 31 Pages 32 & 33 Page 34 Pages 35 - 48 Pages 49 - 52 r � ' � �1 � �J , ' _ ' ' ' ' OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: � Notice is hereby given that there wi21 be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue N.E. on July 14, 1969 in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of a rezoning request (ZOA �69-02) by George M. Nelson to rezone the North 1/2 of Lot 30 and the North 1/2 of Lot 31, Auditor's Subdivision �129 except the North 125 feet from R-1 (single family dwellings) to R-3A (apartment and multiple dwellings) all lying in the Northeast quarter of Section 12, T-30, R-24, City of Fridley, County of Anoka, State o£ Minnesota, Generally located on the South side of Onondaga Street and West of Lakeside Road. Anyone desiring to be heard with reference to the above matter may be heard at this time. IPUBLISH 1 1 � � June 26, 1969 July 2, 1969 JACK O..KIRKHAM MAYOR 1 ' � 1 ' , ' ' ' ' ' , ' , , , ' , ' 1 � Ue,/ / / � M � w m i � z GEORGE M. NELSON - ZOA �69-02 N'� of Lot 30, N'� of Lot 31, Auditoz's Subdiviaion No. 129 Rezone from R-1 to R-3A �� _2 � ..,.t,n.. � ......_�-� .. r�_. .'°,. -�s�`. _. . C�i , � f n ., ' � � � .. v �.� � . �r: � i� i) � ' I� •cM h I �� m I M �=0 � ,: � _ N � p a ' '`, �� y T � �� I �� I �V, �� I. i N `�n�,i � � iI x �l � � � N.' ..'.v � • ^ -- � � ' � ° � � • a � , --�--- ' �- j . . + joT „ ,., .. N �.i � � -- _ � _. • ' .... ' x ' , ' n > a'1S 191N1�19M1 a ::.. �--- ' �- - -- r; •a ,+ ; � ' ' . ' �'' � � . �11 II Y • � �n � ��.�. ,� ` M :t h � � m N ! ' >' —� i a �,1yy�s � �' Z ,� i b � N � n�` , � N • i4- � -�ir �ti °� �0 � � �z x> u� ,;� i ��,. .� \ O o,� � Q a��i x 9a, , \ ' ..i � ei eri� � �` � . 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' 'Phs wdieace wae informed thie would be baok on tha e�enda on Juae 11, 1969, s iot 11, Blook 2. Mr�. 8taaley Dehlberg and Curtie Dahlberg were praeent. ' llr. itrhra said the sotion of the Subaoirmlttee, ws� to spprova ths lot split a� �howa on the diagram� whioh eplit the South 131.�8 Peet into tro 62.5 lota. . and Qediasting 25 feet for s•treet and utility eassmeat. , Glirtis Dahlberg epeaking for hie father, said psrt of the araa had lot �plit� on thie order, and they viehed to split for tvo building eite�. � ' ' , � ' ' _ •� 5 Mr. IiThra etated the Subao�ittee felt thet w long ae thie patt�ra had ' alresdy bsen establiehed in the area, and sll the houeee are oa the.front oi th� lot�, vhioh are large lote, they could aes that eomethiag vould lu�vs to ��- " b� doa� w there xae no rosd drnm the middle of the block. (h�rtis Dahlb�rg ssid theee lots would have to De eplit at eom� tims. H� . t�lt it they were eplit now, the reet af the people mar etart epliLtiag tAel.r'e. In othsr undeveloped sreae, the City hae e psopoead etreet pattern to be followd • �t a lator dRte. Ae lo�g ae the logical etreet pottern is at the 3opth edg+s ., of tT� lbts, aad they dedioste 25 fest, why couldn't that be spyliosble now4 lOTIOH by Dtitt�lstsdt, eeconded by Fitzpatriok, that the Plaaniog •...;.,, — Cosoiasioa ;eao�snd to the City Counoil thnt the Lot Split ReQusst, L.S. -_• /69-1;, of Lot 31� Blook 2, Spring Yslley �ddition Dy 3tanlep Dshlb�rg D� -. � erattt�Q,��piittiag th� Yorth tqq feet of Lot 11� Blook 2, Spring Vall�� . �aitioe. IIpoa s voioe vot�, all votiag sy�, the �olioa carried voapimoo�ly• j. COIVTIH� ESLO�TIAG HFfQIIFST: ZOA �69-02 6H�SGP M�II,SOAt H� oi Lot� �j0 a"`: �nd 31� �uditor�e�subdivieion 129, ezoept the Ifortd 125 feeL. lsr. Georgs X�l�on,,llr. Hovsrd MoASe and ISr. Deaai� Herbst ver� yrs�ent. Datrel Clark revi�wsd the yrevious meetiogs vith the SuDoo�mmittee. 'Ph� , o�m�r� ot Lots 28� 22 and 24, reBlly do not xaift their yroperty aoned, aor a. loed. unlees thsy had • buyer. 1 road for aocees out Horth or 3outh xould Mtis!'� thea� but not at thie time. ' Tds �ttvet undsr dieouedoa ras the Weet 25 test oS Lot ;0 froo Onoo�g+a StlNt Soutd to s yoint 25 feet South ot the 3outh 12as of Lot 29. Ths p�ople wri inforsed thst if oev�r and water.vere aot a��Ned ogsinrt E-3 D�oFs�T ' t1M� valw of a lot oould aot pay for the se�asememte, The eaas ooet� , M/Nad agsineL R-1 yroperty, wuld aot be oovsred by H-1 value. ' • IC�'. Moor� wid thst Mr. Heleon vould � aar�eyble to the ylaa for tL� Ynt 2'j tssL to th� South liae of Lot 28. Thoy you1Q reque�t that the atN lnvolv�d ia the easement be credited to them and rsturaed erentually. Th�t , rou1Q 111a.�o �a� some type oS agreemant worked out vhere bp if Lhs South 110 tN! oi Lots 2q, 26 and 2A rere oombiaed iato e oqmon ownersh�y Lt�t t� �LrNb Obnld be �noatsd. . • � .... - ..... � . � ,, . , . . ,. ,. ' , ' ' . 1 ' ' , ' -- ' , ' ' ' 1 , , , Plannintt Commiesion Meetirut �y pZ t469 p�,� 5 The �gineering Aaeietant anawered that thie vae s legal queation, ae he did not knor if a dedicatioa would be handled in thet•way. Mr. Moore eaid if it cwld Ds 8oae in the inetrument itealf, it would be fine, but if not, a letter ot intent from the City could be eatiefectory. Mr. Jensen asked Mr. Moore if what he is aeking for ie ttiat he vante a street u�d utilities eaeement eo thst the ownershiy vould etill remain a part ot the etreet, but if it vere never used for s etreet, it would etill be s wtter of keepiag the etreet, but not heing able to oonstrnct a building on iL and s reaeonable bsae for s buffer. Ae far se the petitioner ie aonoeraed, 1[r. iioore oommented, that area would be included for deneity purposes. ._ ASr. Dennie HerDat eaid that he did not vant ooastruction any further North thaa the middle of hie lot ae he would have to give 25 feet and he did not rant the back of the apartments practically in hie baokyard. lIOTION by Jaaeen, eeconded by Fitzpatric6c, that the Ylaaning Commi.oion rsoomosnd approva2 of the resoning requeet, ZOA �69-02, in ite modifiod form from 8-7 (aingle family dwellings) to R-3A (8eneral multiple dwelling�) that part of the.Iiorth half of Lots 30 and 31, ezcept the North 125 feet with the provieion Lhat the petitioner provide sn eaeameat for etreet and utility purppee� on the Weat 25 feet from Onondsga Street to a point 25 feet South of the Southeast coraer of I,ot 28 and'provide no vehicular soceee De allowed fr� Lhe multiple zoning to the etreet eaeement, and that euch aree of thie eaiQ saeeaeat be alloved in computing density of the mulLiple dvelling projeot in Shs R-jA. Dpon a voiae vote, sll voting aye. the motion csrried imenimously. 4• LO'P 3PLIT IIEST: L S #69-15 ARTH[TFt DgyS: Lote j to 5, Blook 7, Hyde Park,Addition. Nr•�Arthur Deye wae praeent. '!'he Subco�ittee recommended approval of the lot eplit xith groviaion that the psesent garage xill be moved acroee the line eo that the garsg�e will be on the eame Isnd se the old hwee, and that a five foot work and repair eseement be oDtsined.� Mr. Deye eaid the houee he ie living in at the preeent time ie �et wy bsct ot► the lot. He would Iike to"c6uild hie nex home thie eummer. _ . 'Pt►e Chalrmsn informed Mr. Deys an prdinanoe xae pa�aed eo thst a aerr home oonld not be built in front oi an exietirrg home on an ad,jolning lot. In ordsr tor �r.�Deye to build hie�nerr home on the aew lot, he vould have to ggt s rsrisnoe from the Board ot Appeale. The Boerd xould probably act fstrorsbly beosuee the old home ie to be torn down. lSr. Deye r�ae asked to get s o�rtifioate ot eurvey becauee the Board of Appeale rould aot aot withwt it. MOTIOa Dy J�aeen, eeaonded by Mittelstadt, that ths Plsnning Comoie�ion taDl� the lot eylit raqueet, L.B. #69-15, Arthur Dey�, of Lote ; to S�.Bloak 7, Hrds Pe�rk Addition, until Mr. Dsqs oan provids a oertifionte of eur�r. IIpon s�oiae vote, sll voting sye, the motion carried unenimauely. . 1�lT• DeYe we seked to notify Darrel Clark if h� rs� aDle to obtsin ths osrtifioste ot eurvey in time for the :�zt Pls�� Oommioaiop �pting on M.da��ay, June 11, 7969. ,.-.>..��.-. �� 1 t 1 ' 1 ' ' n ' �J ' 1 ' ' ' � OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue N.E. on July 14, 1969 in the Council Chamber at 7:30 P.M. for the consid- eration of the following matter: Vacation (SAV #b9-04) described as follows: All that part of Horizon Drive lying East of the East right of way line of 3rd Street N.E. All located in the South Half (S 1J2) of Section 26, T-30, R-24, City of Fridley, County of Anoka, State of Minnesota. Anyone desiring to be heard with reference to the above matter will be heard at this meeting. PUBLISH: June 25, 1969 July 2, 1969 JACK 0. KIRKHAM MAYOR i ' � y r� . .� . .��. � H� �1�� y .i��._ a-: ` °_ia__�t � p� � �p� �� . �,i - ` 4.4h� .-.—.2 .,-_'" � • �� t �"ry j213 u ; ; 'r` ,t=t"' S� ` w_ {ya,r�9�J s , 7 {� �l}.� �i_�� i+3.�C'O�}l:..y,,• �J ' N '�_ 1 �� 0 -s a � 7 � �� C7 • � -�, s �.L ; ,—_' ,,,,d � � .' i . i- ' �a �q :c• � di'/�%�!� > . � CITSt OF FRIDLEY: SAV �69-04 _ "' ` " Vacate Horizon Drive Eaet of 3rd St. � � s� � .;�`,_ .S � we``u`�•'i " � : �/ l/��4 a :; to T.H. #E47 � -- �;� s `_ �K z:i (BEn Bigos, owner of Lots 2& part of �� - � r;'��19 ,,,�� : �V `i �� 1, B1. 9 and Lots 17 and part of 18, +" „ : � �� ' �r�j ' Bl. 4, Carleon'� 3u�t Manor �we _ � g :,,J x ,�, y c " ; � f South Add. ) M ei �-!4Y 4.' '� ^�.OSr � /3� . n . M 1� lJ �; �/f _ " � a � I 5,,�3 `� �� u1 �; }j- ,rl u n NW ' Y�'..�PI i;� u,. /I�`: � w Z i� � 'S�yr, vE ° •' � f . � �u} N i� ,r Q �y� tf �p 'wie� (..� ��N�SR r M• xv? 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A.I' �0/�i1� .1�i ti� � /1 Z �' N .47 - � .� , a r,�rr,�, ,-� ��.'��.: �?4i/E. t - s� .. � „ �r ,� : � /� ■1_ .; � a i�,j� :.iYV ��. ��■ �i '�"r�` >�t �� t _ .._ J:� �'X .4� f n" � (�. N /.! d ' t r � �; i�z�i .3�t �� , 4v� . i ..n �;� � if . . , • i ad's, p Q� ,¢ a;'• ro l4� :� �, ; ` s ro i �r ? � •��119 �:l�q !, f`� lh3 +�-'t. r. i r . ,�' � �y . . = 3 � . �w��-�ey si n�+r�� y�? � K4PP i q�. ' t � , 50 TH• _ �F .. � � k� � ,� i qfs� ' `� �r�7olt7'GTi��V� �� h� � �jy � i ) ,r ' � y$91 �1�6 = � ' �'� � �3y a� do y 4 �` � � c� ; .' . : r, � _.� � t r �` h- `" �� :R."t ��I � u � � a 1 t�1�i;�j e'�r /� ,( ir.. .•... , - � � �� •I {* � .. � '� r �'. . w__� I� �. H . :.w7-fJ', � _ �7 i� �S�] � � �e ' I � � .;III i r . . I * T�� l . 9tlOq �s � I _S�— ,� C ^ ro . .e. ��._ �±i_..: �A ji�.r!�y !'�� i �:�• i a �.1� ► . � � C ' ' � Planning Commiasion Mee[ing - June 11, 1969' Page 7 MOTION by Fitzpatrick, seconded by Mittelstadt, that the Planning Co�iesion recoamend apprwal of the reaoning reque'st, ZOA �69-06, Eldon Schmadeke, of Lots 16 through 19, Block 12 and Lot 30, Block 21, Hyde Park Addition to be reaoned from R-2 (limited multiple famlly dwellings) to C-2 (general bueineae areas). Dpon a voice vote, Fitzpatrick voting aye, Erickeon, Jensen, Mittelstadt voting nay, the MOTION FAILEA _ Mr. Jeneen aaid he wae concerned by the motion because of the effect of broader consideratione that are already on the Council table. Part of one of their plans lncludes acquisition of righ[ of way from the Schmedeke property and he thought it wuld be quite improper to rezone hie property if the co�unity is going to end up conde�ing or acquiring a right of way from him. It might be more proper to send the ;ezoning requeet without a reco�oendation. ' MOTION by Mittelstadt, seconded by Jeneen, tha[ the Planning Commission pass on to the Council vithout recarmnendation,.the rezoning request, ZOA #69-06, by Eldon Schmedeke of Lots 16 through 19, Block 12, and Lot 30, Slock 21, Hyde Park Addition ' to be rezoned from R-2 (limited multiple fsmily dwellinga) to C-2 (general busineas areae). Upon a voice vote, Erickson, Jensen, Mittelstadt vo[ing aye, Fitzpatrick voting nay, the motion carried. t � � 11. VACATION OF HORIZON DRIVE EAST OF THIRD STREET: SAV �69-04 CI1Y OF FRIDLEY: 5100 . and 5101 Horizon Drive (Lot 2, Block 9 and Lot 7, Block 4, Carlson s Su�i[ Manor South Addition). It vas noted the City was making a parking lot at the owner's expense in exchange for other benefita to the awner. The utility easement (sanitazy sewer) was down the middle of the parking lot. It was neceesary that the owner petition for the vacation and give an au[horization for the City to aeaess against his property the new improvements. ' The co�ent aae that Slat Avenue is the croseing the children going to the elementary school use, and it ie the only croeeing between 49th and 53rd Avenues. At one time, Slst Avenue was auggeated for a pedestrian walkover. It waa felt ' Che City should get an agreement that, if the crossover bridge is built, it will be allwed to t�nchor on the parking lot. Als�, for safety's sake, there ehould be a sidewalk on the North edge of the parking lot because of the signals so that ' the children would not be going in front of mwing cars on the parking lots. The sidewalks should have curbe: The grade wae high at Univereity and lov on 3rd Street eo that there would be some grading. ' ' ' 12 r � t�TION by Jensen, seconded by Mittelatadt, that the Planning Comniesion reconmend apprwal of ZOA #69-04, vacation of Horiaon Drive East of Third Stree[ by the City of Fridley vith the stipulation that a pedestrian walkway be provided between 3rd S[reet and T.H. �P47 outside [he limite of the proposed parking lot, construc[ion of said eidewalk to approximately vind up with the signalized crassing on T.N. �47, and the City retaining the proper utility easement. Upon a voice vo[e, Jensen, Erlckson and Mittelstadt voting aye, Fitzpatrick voting nay, the motion carried, rnurv�cu rtt�LlMlNaxY PLAT: P.S. #69-09 MIKE 0'BANNON: Lots 11, I2, 13 and 14, Auditor's Subdivision 822 and Lots 1 through 16, 24, 25 and 26, Block 1, Irvington Addition. 9 OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on July 14, 1969 in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of the Final Plat (P.S. �69-08), Marion's Terrace, by Howard Crabtree being described as follows: Lot 8, Block 2, Riverwood Manor, Section 10, T-30, R-24, City of Fridley, County of Anoka, State of Minnesota. Generally located on 71st Way and Riverview Terrace. Anyone desiring to be heard with reference to the above matter will be heard at this meeting. JACK 0. KIRKHAM MAYOR PUBLISH: July 2, 1969 July 9, 1969 10 , 1 ' �, � ' �� ' / I � 1 �,J ' ' ' ' i . J i_ 1 ' � ' � + ' � 1 � ` � ' ' 11 . � MARION'S T6RRACE 8 P.S. #69-OB � M L. 8, B1. 2, Riveevood Iboor i : �\ q„ n � Howard Crabtree �, .,�,,, I ;� \� � ,,,� � � s . -- - N ' �� 1 .� � � 7 3 .. � rwr ,_... � . .�_.. 41 -'- , in.` Lil_ ... . . .� ' ,j .*.�j�f��.s �_ t. j�-�• I • � Y _ �� ' �., e � f`. '� i z i 7 — " ' - ; s ` n I, ' :,� � ^ ; ' '' S/ ,� ` _ ' ,y��=,.:�: "�v '; . LOGAN �.s , _ ^ , v� ,,, � PKWY. a � — t}'• � ° �•�1 , � i h �- ' ` _ . ✓•`ti :.. F+ a° ;i 'i zr .is , t+ � u i h 2 . I y W tl 1 � � �.. � - ,"'° � ro• rzr �a 17 � ••' Is �{ �� / � , \v ' SI S �, KlP I � '' ? .:w , ' w.�s� �[ W � � .- ' J r.+...� 'r i �� - � �r o _.� �I,y'' s� � � ' .. � ' — � i , �,t " � a 2 � : �.i - - _.:_. 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Civil E�iMeriw� - �r�a� E�.�....��y r W � � I \ _ O� � U� � ., (;1 VJ � - �n � � �. 7 � � � � f � ! �� ; �i 1 i j �i � /� 1 ' S J � / i� ;, �, � . _ _. ._ . . �, : _.....�_... . _ �..� _ . -, �- ° _ . � . 12 �IU'utli, /,�/6 . 6ijS Mi�hw�y Ne.�f • - � ` � � • • < MMw�eN4i�� fl��'fltPR'Gfit�, ��yir.. M;��. u.�� . Tele�iwwe ff4-i0�6 Engineera & Surveyora '"'°° Ce°' �� 1 for---','O'��/A',.�U R�� _�A�2,T��yG ; � �� ; �I 1; ' � i.. �l� , , �?•�, � �' .. �L I�,: L. j � _" r -Y . � i \. I' � • . �� • ,' U � ! _ . . . . - _� ' ,, L_l � . . .. / . . ��,� . --- - ---- ♦ _ ' ✓ G SO' ' � / " /.7(� � � � 1 `, �., ".� „_ . ��"f-� t � l.. � i _�! ;� ,� • � �, , :� �= � � � (� OC � � •� , : �� - �� -}Q 1 �� - _ -�' ' � --`— �, __`" �; �`, � `, ; r � a ,� � O'' �lR • (,, r. rz f � :� I �» Bl'- ,r � _ _.. -}i�c`S� . _r�. . . �. . , i� 7 - � _i' _ - , ., 4 � � �,,�? �� __ i_ g^ c - _ _ _ � ,� r r i � , �) � i , ,_ r �t � �iJ � I'-. r V �_' .1 iY � : � 9"i 5 _ � 0'i.7 ._. ( . , , - � , , , , '.`- _, � . s� ._ ._ ; . . , .- . � . � . . , ;7 , . �; . : � . �'L/':i/�;,�•�? � �?S, � 69-0� 1 . f� /1 � I +� I r`., -. ;— �-� ;• � (.� -._� f� / � �`- t. 1 �i . C, : Ji-''� /-� .-'�y �.� '� � ,- / � . .�t�Cr�ip;�� f�irzi.< Yo«ace G°.'�nc� , .. . ! � � LoT 8, r3�`��. �, �, , �� !vs� �� r�oc�(� ' ``��'�.,�.}� �1 ��; �, scal� i" = �ck�' ¢ M�'-� , ►3�9_ � ' Planning Comnisslon Meeting - June 11, 1969 � ' ' ' C 1 ' � , , 1's Pagc 4 llr. Andrew Smoka, 2607 Townview Avenue and Mr. Emil Lach, 2607 Tamview Avenue were mecnbere of the Church and concurred. � Mr. G. Arnold Carleon, 5430 Fifth Street, asked what could go on this property and was told �ultiplee only. The request ie for approximately two acres. Thirty- �ix unita could be built, but at this time, there would be no way of knowing vhether it would be one lazge unit ar eeveral smaller ones. It wae explained to Mr. Carlson that hie land, elso, is zoned R-3. MOTLON by Fitzpatrick, seconded by Jensen, that the Planning Co�ission cloee the official public hearing of the rezoning request, ZOA ��69-09, Sacred Heart Parieh, of Lota 5, 6 and N'� of Lot 7, Block 10, Hamilton's Addition to Mechanics- vil,le, to be rezoned from R-2 to R-3A. Upon a voice vote, ell voting aye, the motion carried unanimouely. HOTION by Jensen, eeconded by Fitzpatrick, that the Planning Coumission continue eonsideration of the rezoning requeat, ZOA �69-09, Sacred Heart Parish, of Lots 5, 6 and N'� of Lot 7, Block 10, Haroilton's Addition to Mechanicsville, to be zesoned from R-2 to R-3A until the July 9, 1969 mOSting to give an opportunity for the rest of the Coumiasion to take action on it. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Howard Crabtree and Mr. Allen Rolland were preeent. ' I t�DTION by Jensen, seconded by Fitzpatrick, that the Plsnning Coumiission vaive Che reading of the official public hearing notice. Bpon a voice vote, all voting aye, the motion carried unanimously. � ' ' ' ' \ S � � 1 Mr. Crabtree and Mr. Rolland discusaed the prepared aketch of the proposed plat. Mr. and Mra. W. J. Engelhardt and Mr. Roger Claesgena were also present to review the plane. M01TON by Fitzpatrick, seconded by Jensen, that the Planning Coumieaion close the public hearing of the proposed pzel,iminary plat, P.S. �69-OS, Marion's Terrace by Howard Crabtree of Lot"8, Block 2, Rive—�ood Manor. Upon a voice vote, all voting aye, the motion carried unani.mously. HOTION by Fitzpstrick, aeconded by Jensen, that the Planning Coamiaeion recom- mend approval to the City Council of the n=eliminary plat, P.S. A69-08, Marion's Terrace by Howard Crabtree of Lot 8, Bloci: 2, Rivexwood Manor. Upon a voice vote, all voting aye, the motion carried unanimously, CONTINUED PUBLIC HF.ARING• REZONING REQUEST ZOA �f69-08, R. W. woRMSB�GlcEx: NW� of NF1} except North 16.6 acres and SW'r, of NW} of Section 2, also the North 34.68 acres of NE'y of NE'� of Section 3. Rezone from M-2 (heavy induetriel) to R-3.(general multiple dwellings). Public Hearing closed. ' The Chairman reported he had received a requeet from the applican[ to continue the rezoning request for thirty days. OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM ET MAY CONCERN: Notice is hereby given that the City Council of the City of Fridley will meet in the Council Chambers of the City Hall at 7:30 P.M. on July 14, 1969 to consider the following matter: Consideration of a request for a Special Use Permit ' under Section 45.19 (2A) to permit the construction of a two family dwelling in R-1 Zoning on Lot 3, Block 4, Ostman's Third Addition, the same being ' 6921 East River Road, Fridley, Minnesota. (Request by Roger L. Peterson, 7091 Hickory Drive, Fridley, Minnesota 55432). Anyone desiring to be heard with reference to the above matter may be heard at this meeting. PUBLI5H July 2, 1969 July 9, 1969 JACK 0. KIRKHAM MAYOR 14 � �! ..., ., .��. : , � `� . .r a-- :: :-..•__ � S�ecial Use Permit: ; a:::.,y-� ; � � Roger L. Peteraon .,.1 nr�,. --- V "^ z . � . -,n,.,,:.,.;, Q �u�;. ____ L. 3, Bl. 4, Oatman'a Add. �;I� L"�'•'""'� t 2 family dvelling in R-1 �. . _ , ,� ��c `�Y : , �y � � ; ;i � ' �� . '� I ; � x ,' i '_ _ JwII ..a.•o.t�,+ ¢ .v��r� - � v - � .� e • ' � ., � w f , � w —�c� i _ —' y � .._ 1�•�.� • > � a-� �' 1 �. 1. J �. r s� ' • �r�s�:.� c,� � a(��VVV �' / ,' �• `��../ �; , r��E�F�,`-�L^f/--._.'____ J.� i/ i ^ / ,T! •y z — ;��, -- ... . E� � , � � � ,�,. � (i9✓oi (r . V 3LY � I � 2�',�� .. ��00�y ..r. rG✓ ;�J�'. , � ' �-2� .r� _'_ _. ' `� � G _ '. '_ =`- ! s r F�,t � E V l, S F_ D yj(� J e�� ', i; �+ i '.� 1 • ��V Y. ) Y, / 4 : * } � : 27 ,o � . � �, 3�� t . . . 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INM�- •}� `��j� .�� /1 �. � MIM •.� m �� N s4 �! a s7I !t1(/�y , �� ,,: i; , .,r,..: \>;:' ? ; in ,!`O�i� _ i'y.+u l ,� �. V ;.�r��•i¢; I �nrR11'• ,� \ 2''� y, :/ ;I,� Z� y: 7i ♦. �� 1 �� ; . S ♦ a� . ; y J � " �l..r �' f � ,yy\�, � � � µ1 _ .'�.\. II�i �!f � Hw'� ' 1 l � tNOU��Ri�6 � �w�HCµ atr �ors TDI00141NIC N11�IIM0 t ' I ' ' � f� � _ ! P � �� , � � i ,;c.��.: ,'-._.�� / / � r I L�% C. E. COULTER R 1� r•.. � . LAND SURVEYOR � , u4��M� R�GI5T2REO UNOER LAWS OF STATE OF MINNESOTA �ye��i L�CEVSm �YOrtOIN>NOCO%CTY OI MIMNLAPOLU � �3300 LYN:JALE AVE. SO. MINNEAPOLIS 8. MINN. TAYLOR 4•0370 Special Uee Permit: Roger L. Peterson � i+ictuegut'S �tCtifitttte L. 3, Bl. 4, Oatman's Add. i 2 family dvelling in R-1 J� �"" �� ; � � 1 y.. LO7- .�6�� , .� �>� _ `� L�� - ,� , �.'�, �„�' /,.b c�v 4 �� 3 / A�i � �S�/ s. , ; i s- , \:� ��`'�'' ` '�� h� /� �,�o ��s�� ///�� N �� , , ,� � � , � '� �,�� i � e' i i� � '� i � �� i ��v �� i I hereay certify that the above is a true and correct plat of a survey oL-; Lot Three (3}, Eloc]< Four (4), OSTbiAtd'S TtIIRD F,DDITZON, Anoka County, Minnesota. As surveyed by me thi� 30th. day of biarcn 195a A. D. �:'� � // Signed � ; . /.. .�. Minn2sotu R�gistration L7o. 2584 _ __ _ _;... 02 — 53f.yT — -- -- �� 1 ' Ylanning Cor�ieoion Meeting - June 11, 1969 Page S --__ 1� ' A letter vas received by the Chaixman from Independent School Dietrict No. 16 d;ted June 6, 1969 maintaining its poaition of oppoeing the resoning requeat. ' MOTiON by Mittelstadt, ceconded by Jeneen. that the Planning Co�ission recelve the letter from the Independent School Di�trict No. 16, dated June 6, 1969, m�in- taintng ite poeition of oppoaing the rezoning request, ZOA #69-08. Upon a voice vote, all voting hye, the motion ca=zi ed unanimously. ' �� ' 6. MOTION by Fitapatrick, eeconded by Jensen, that the Planning Commisaion continue to July 9, 1969 Che rezoning request, ZOA �69-08, R. W. Woxmebecker for the tiW� of the NW� except the North 16.6 acree and the SW} of the NW'� of Section 2, aleo the 1Qorth 34.68 acree of NE�y of NE� of Section 3, to be resoned from M-2 to R-3. Upon a voice vote, all voting aye, the motlon carried unanimously. LOT SPLIT REQIfEST: L.S, �69-15, ARTHUR DEY_S_: Lots 3 through 5, Block 7, Hyde Park Addition. ' Mc. Deys brought the certificate of survey. The survey shwed a definite probleffi segarding tha acisting houae ae it was placed on the proposed.lot line. Because of the nanw lote, a setback problem is created which would require a variance. ' It va� ouggested Mr. Deys go before the Board of Appeale and make an application for a eideyard variance and setback. lqTION by Fitzpatrick, seconded by Jeneen, that the Planning Commiseion refes the Lot Split Request, L.S. 9F69-15, Arthur Deya, of Lots 3 through 5, Block 7, 8yde Park Addition to the Bosrd of Appeals for their opinion. UQon a voice vate, all voting aye, the motion carried unanimously. It aa� suggeeted that Mr. Deys ahould look into dividing the aplit by a diago- nial line being approximately 60 feet on the atreet side and approximately 57 feet on the rear lot line of the new lot. 7. REZONING RHQUEST: ZOA �69-10, GEORGE SALTHAZOR: Lot 3, Subdivision 10 of Auditor's ' Subdivision #94 (North aide of Skywood Lane facing HWy. #694). Reaone from R-1 to Triplex. Set public hearing date. , 8 Mr. and Mza. George Balthazor vere preeent. The Co�ission felt R-3rA aould caver the triplex request. ?pTION by Jensen,_ seconded by Fitzpatrick, that the Planning Commieaion eet tha public hearing date of July 9, 1969 at 5:00 o'clock P.M. for the rezoning requett, ZOA �69-10, George Balthator, of Lot 3, Subdiviaion @10 of Auditor'• Subdivi�ion jR94 to be rezoned from R-1 to R-3A. Upon a voice vote, all voting aye,, the motion carried unanimously. FAMILY . Lot 3, Block 4, Ostman's Addit .at June 2nd meeting. Re Mr. and Hre. Roger Peterson and Mr. Harland Berry (contractor) vere preeent. Nr. Mittelstadt eaid, explaining the action of the Board of Appeals, thia was a saquent for a epeciel uee permit tq popat}vcS �{ t�ro family dc�elling in R-1 soning vith living quartere one on top of each other. The �od� �¢�,cates that e double bungalow, by epecia� uae petmit, goea from the B6a'�'d nf App�alo he the ' 1 Planning Co�iasion Meeting - June 11, 1969 Pege 6 1� ' Planning Coamiasion and [hen to Council,, There are $1,000 in baek taxes, and because of the hole on the lot, it would take about 1,000 ysrdc of fill at $1.00 a yard to f111 it up. The floor of the basement ia much higher than the water ' table. There could be a parking problem with renters in the basement. He should have a[hree car garage, ss the neighborhood does not vant cars standing outaide. If [he Board had O.K'd. a turn around, this would have had to be made i� the front of the house facing East RLvex Road. Then there ia the possibility ' that the petitioner would not be the permenent owner, There could be deteriora- tion vith different owners. The neighbors, hwever, appreciate having the hole ' filled and would agiee to the uee. 1 ' , ' ' 1 ' ' 1 , 9. ' , ' 10. ' � Mr. Swanaon eaid the actual house, for all appearance'e sake, would be a re�ular eingle family house with a �aalkout to the rear. He had a petition from all the people in the surrounding neighborhood and no one wae againet it. I�fOTION by Mittleetadt, seconded by Jensen, that the Planning Co�ission receive the petition preeented by Roger Petersott�with eleven signatures approving the rezoning request, dated June 11, 1969. Upon a voice vote, all voting aye, the motion carried unanimously. _ The plans for the house were shown and discussed with the Planning Commiesion by Mr. Berry, the contractor. He expl$ined the lot was given to Mre. Peteraon as. e gift. This put an entire different eapect to the initiel expenee in getting the lot ready for construction. The Co�ission agreed that a turn around ehould be provided on [he lat so that cara vould not have to back onto East River Road, and that there should be a th:ee car garage. MOTION by Jensen, seconded by Fitzpatrick, that the Planning Conmission recom- mend 'approval of the special use permit by Roger L. Peterson for construction of a two family dwelling provided that the petitioner makes provision for a[urn around on the property so that sutoa mey enter East River Road head on, rather than backing on, and that b three car garage be constructed as part of this proposal. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Mittelatadt asked if [here was no vay the City can expect the owner, now that he recelved a special use permi[ to operate an apartment wi[hin the confines of R-1, that you can stip�ilate that if the original owner sells the property, it ieverta back to R-1? The Engineering Aasistant aneraered that, as long as the uee remains the eame and the building ia not altered, the use doea not change. IiACATION REQUEST: SAV 1b69-03, GREAT NORTHERN RAILWAY CO : Alley and etreets in Block 6, Berlin Addition. The Engineering Aseistant reported that Northern States Power Co. and the Great Noithern Railway are now discussing the vacation and its effecta upon the utiliYy eaeementa. Thie item wae to be continued. u xG�untnc; itr;c�u�51': ZoA �f69-06 ELDON SCHIdEDEKF. • Lots 26 through 19, , and Lot 30, Block 21, Hyde Park Addition. Rezone from R-2 to C-2. �� , ' � ' The Fridley City Council Fridl+ay, Minnesota Gentlemen; 6900 Hickory Dr1ve 1�,inneapolis Hinnesota 55432 5 JulY 1�69 1� ' R13P'BR�TCS; Officlal Notice City of Fiidl.ey� re: public Hearing Before City Council, l� JU�Y 1969 to conslder. rsQuest Por a Special Use Permit for a otwa famil,y dvrellir►g+, I+at69. 3� Ostman�s Third Addltion (6921 S. River Rd.,) FTid1eY� 2 J1ilY ' r� � Referring to above request (previously rejected but beitig appealed) it is urgently recommended the request to cor� s�rnet a+tx*o fami�y� dwelling in a 1sgaL�Y constituted single unit dwelling area be again rejected based on; a. Sxiating Fridlay building codea ' b. Singlo unit homes in this ars� ware purchased at premium prices to assure typa privacy afforded in a�single ' unit� ares. c. �].though petitionsrs (Petersons) are fine citi=sns and state thay not only will resid� in th• propostd dRSlling but ' will careful�jr screen all prospective sub-renters� history, sacl�y awu&h� seldo� bares out such good iatentions. ' d. crease value 10 t o 20�;. ' ' � ' o�psingla unite homesainPthistarea a conseri atiw Q. Circw�vention of existing rules, regulations, statutos etc.� as a�speeial int�rest gesture� favoring one a- gainst tha maipr can on�v result in loss�=of confldaice ia admit'►- iatrativo procedures to the ond that �toda�}*s excaption begets dsbacles for tho morroa�l Zncidontal�, city records rvill show neighbors'�have Pa1Lht�lly policad the lot ia question� i.e., cut the wseds� dis- poaed oP refuse burned (by offioial ysr�it) and otherwiss atteayted to ma�►tain-area sppearance in consonanc� with adjacent ws11-krapt home sitea. If no construction is done es shall� in all probability coritinua to do the house-koeping chores for the owaors - as wel.� as Por the City oP Fridl�+. , Very truly yours� �- VY� iam 0. Hoffmann ' cy to; �yor ILirkttam The Roger Petersons: ' , ' t �J� ' Fridley City Council 6431 IIniversity Avenue N.E. Fridleq, Yinnesota 55432 t3entlemen: 6411 East kiver �ioad Fridley, Yinnesote 5543P July 8, 1969 ' REFEREIQCE: 0!liciel Notice� City o! Fridley, re': Public Hearing Bef�re City Council, on July 14, 1969 to coru ider request foT a Speciel Uae Permit to permit construction of e two Yami�y ' dwelling in R-1 Sening on Lot 3� Block A� Oatmen's Third Idditioa� the sane being 69Q1 Eest River Road, Frldley� Yinn. ' Regarding above item, we Mere just moving into our new home next t� proposed building site, when the Peterson's asked me to sign their petition for construcLi�n of the 'tno family dwelling' I did si� their pstltion� primarilq to be a good neighbor. ' ' ' ' ' However, after much thought and conaidez•atioa, I reapectful�ji reyueat that �r �awe be �qj,�� from the petition as I do not approve oY a'two family dwelling' next door or Por th�t matter in the immediate neighborh�od. l�y reasons for the above decision arm based on �zperience eith rental properties end are aummarlted as follows: l. Having resided at 6c3Q 5th Streat N�E.. Fridleq� for two qears I have seen Lhe ef�ects of 'two Yomily dwellings' on a residential neighborhood, namely in home maintenance end lesa deairable home oRner/renter. I am confident Fridley offlciel records indicate an innrdinate high percenLage o! difficultiea/ violations aLtriDutable to �multi-dwelling units� 02 various. sorts currentlq existir.u,� in certain Fridley areaa. ' E. Mhen we psrchased our h�me we were assured Lhat the a�ighborhood was zoned R-1. Me paid a flremium prlce for ou! due to it's laca�lon Lo assure privacy niforded in a'singl� ' dwelling' area. 2he petitionera claim they will scruf►inise renters; what happens if they sell? The Syecisl Dse Permit Sn ePfect and the��b�er may then rent out both units. Thea ' hate all 9L8j�9 whe t heppenst Another areq such as the one I m w ed fron; if ao my property value drops naturally and proportionelly to the preatige of the srea. ' Again, please delete qy neme from the Petersons petition; and �ee recommend that the previous re,jection of the Peterson's reyueet for Speciel Use Permit be again rejected by Lhe co�aicil. ' � ' Copy sentt Rodger L. Peterso� 3lncererl.y y�ursJ��L`� , ,. Rob�rL F Havcl � ' ' ,. 1 , ' ' ' ' ' ' ' ' ' I ' ' ' . ' ' ' OFFICIAL YUBLICATION CITY OF FRIDLEY (87�iIBIT A) �OTICE OF HEARING ON IMPROVEMENTS - _ _ _ . _ __� &T.� 1970-1_-- _ _- Wl�RF,AS, the City Council of the City of Fridley, Anoka County, Mi.nnesota, has deemed it neceasary and expedient that the improvements herainafter described be made. NOW, THEREFORE, NOTICE IS HEREBY GIVEN THAT on the 14th day of July, 1969 , at 8:00 o'clock P.M., the City Council will meet at the Citq Hall in said City, and will at said time, and place, hear aIl parti�s intexested in said improvements ia whole os in part. The general nature of the improvementa ia the conatruction (in the latds and etreete noted below) of the following improvements, to-wit: �i3�RUCTION I'fEM z 21 , ;Street improvement inciuding grading, atabilized base, hot mix bituminous mnt, concrete curb and gutter, wate=, sanitary sewer lines and servicea, ,�incidental drainage and other facilities loceted as follows: i . . 'l.ocke Lake Road: 69th Way: '70th Way: �ickory Street: �ickory Drive: ickory Circle: ickory Place: �artman Circle: 61st Way: y111ey bet. 61st Way and 61� Way: 61} Waq: 63rd Way: 63'� Way: Alley on West Side of Railroad Tracks: �st Avenue: Sylvan Lane: �srlite Boulevard: � Avenue: East River Road to Rickory Street East River Road to Hickory Street East River Road to Hickory Drive Locke Lake Road to 69th Waq 69th Way to 10th Way Hickory Drive to cul de aac Hickory Drive to 70th Way including the straight and curved road East River Road to alley on the East East River Road to alley on the East East River Road to alley on the East East River Road to alley on the East East River Road to alley on the East 61st Way to 64th Way Starlite Boulevard to Main Street Starlite Boulevard to Jupiter Drive 61et Avenue to Sylvan Lane Highway �65 to Central Avenue Publie Hearing Exhibit "A" - St. 1970-1 .� Onondaga Street: Bacon Drive: Lakeaide Road: 61at Avenue: McKinley Street: Yroposed Roadway: T.H. #65 East Ser- vice Road: T.H. #65 East Ser- vice Road: ' a ' � � � ' ' `. J Bacon Drive to.Lakeside Road � Onondaga Street to 75th Avenue 75th Avenue to Osborne Road McKinley Street'to Stinson Boulevard Cul de aac to North to 61st Avenue Riverview Terrace to cul de aac to East )3� Avenue to Fireside Drive Railroad Tracks to 72nd qvenue ESTIt1ATED COST . . . . . . . . . . . . . . . . . . . . . $ 493,945.90 ' T9(IT TfIE AREA PROPOSED TO BS ASSESSED FOR SAID II+BROVEI�ffi�TT I8 AS FOLIAWS: !or Conetruction Item abave - - - - - - - - - - - - - - - - - - - - - - - - All ot the land abuttiag upon said streets named abwe and all landa within, adjacent and abutting thereto. All of eaid land to be asaessed proportionately aecording to the benefits seceived by such improvements. That the Council proposes to proceed with each of said impravements ae �nparate improvementa, except as hereafter othexwise provided by Council all under the following authority, to-wit; Minnesota Laws 1953, Chapter 398 aad law amendatory thereof, and in conformity with the Charter. z2 DATED THIS 16TH DiAY OF J[1NE , 1969 BY ORDER OF THE CITY COIJNCIL. 1MYOR - Jack 0. Kirkham ' J Atteet: ' CITY CLERK - Marvin C. Brunsell Publiah: lune 25, 1969 .7uly 2, 1969 , ' � � � � � � � LJ � � � � � � � � � � � � 23 24 LJ � t r � ' 1 ' ' ' ' ' ' ' CITY OF FRIDLEY ANOKA COUNTY, MINNESOTA NOTICE OF HEARING OF ASSESSMENT FOR ST. 1966-1A STREE7 IMPROVEMENT PROJECT Notice is hereby given that the Council of the City of Fridley will meet at the City Nall in said City on the 14th day of July, 1969, at 8:00 o'clock P,M., to hear and pass upon a11 objections, if any, to the proposed assessments in respect to the following improvement, to-wit: ST. 1968-1A STR£ET IMPROVEMENT PROJECT The proposed assessment ro11 for each of said improvements is now on file and open to public inspection by atl persons interested, in the office of the Clerk of said City. At said hearing the Council will consider written or oral o6jections to the proposed assessments for each of said improvements. The general nature of the improvements and each of them is the construction of street improvements including grading, stabilized base, bituminous surfacing, concrete curb and gutter, storm sewer systems, water and sewer services, and oth�r facilities Iocated, as foltows: Ely Street: Ruth Street to Railroad Tracks. Liberty Street; East River Road to Railroad Tracks. Longfellow Street: East River Road to Raitroad Tracks, Ruth Street: Liberty Street to Existing Pavement. East Service Road of East River Road: Liberty Street to 79th Way Road Along West Side of Railroad Tracks: Liberty Street to Ely Street. Ashton Avenue: 79th Way to 208 feet North of Ety Street. The area proposed to be assessed for said improvements and each of [hem is a11 that land benefited by said improvements or each of them and lyiny within the general area of the above noted streets. Said improvements will be assessed against the properties within the above noted areas in whole or in part proportionately to each of the lands therein contained according to the benefits received, DATEO THIS 16TH DAV Of JUNE, 1969, 8Y Or2DER OF TNE CITY COUNCIL OF 7HE CITY OF FRIDLEY. 1 ' ATTESTs ' I Y C RK Marv�n C, Brunse MAYOR Jack 0. Kirkham ' Pu6lish: Fridley Sun on June 25, )96Q, and ,Ju1y 2, �96g, 25 CITY OF FRI0.EY ANOKA CWNTY, MINNESOTA NOTICE Of HEARING OF ASSESSMENT FOR ST. 19�-ZA STREET IMPROVEMENT PROJECT Notice is hereby given that the Couneil of the City of Fridiay wiii mwt et the City Ma11 in said C1ty on the 14th day of JN1Y, 1� b9, at 8:00 o'clock P.M., to f»ar and pass upon a11 objections, if any, to L proposed assessments in respect to tM following improvansnt, to-wit: ST. 1968-2A STREET IMPROVEMENT PROJECT The proposed assessment ro11 for each of said in�rovaments is raw on file and open to pubiic inspectton by all persons intprested, in the office of the Clerk of sai d Li ty. At said hearing the Cou�c{1 witl eonsider writtee► or oral objecN ons to the proposed asssssments for each of said improvenents. The general natu�e of the imp�ovements and each of them is the construetion of street improvements ineluding grading, stabllized base, bitwninous surfaeing, concrete eurb and gutter, storm sswer systems, water and sewer services, and othtr facilities located, as followss 79th Way: East River Raad to East Property line of Lot 4, Biock 2, Pearson's ist Addition. 73�d Avenue: University Avenu� to Abie Street. The area proposed to be assessed for said improvaments and each of them ts all that land benefited by said improvements or eaeh of them and 1y1ng within the g�neral arsa of the above noted streets. Said improvements wi11 be assessed against the propsrtibs within the above noted areas in whole or in part proportionately to eaeh of the lands the�ein eontatned aecording to the benefits reeeived. DATED TMIS 16TH DAY OF Jl1N£, 1969, BY ORDER OF 7NE CITY COUNtlI OF TME CITY OF FRIOLEY. � ATTEST: Marv n . Brunse � ' �'-,3��i7T'.'� Pubiish: frldley Sun on June 25, 19b9, and Juty 2, 1969. ' 1 1 lldy 6, 1969 , ' ' l�MO T0: City Maaager and City Co�cil i1rAM: Finance Director ' SUBJECT: Transfer of �nds From the Utility Ftind to Special Assesament Funda in Lieu of a Tax Levy ' Tha attached resolution would authorize the transfrr ' of money from the Utility i1u�d to variooe Special Aaa.asmant Ftmds ia lieu of making a tax levy. For the most part, these tax levies have already been ' aet up and authorized by the City Council �d would therefore Le canceled. ' Thie is the same type of resolution that Aas benn passed esch year for the past several yeaa� by tha City Co�mcil. , �J ' ' ❑ ' ' � 2� � � � � � , � , , , , ' , , ' , , , ' ' PROPOSAL FOR MEETING DEBT SEItVICE REQUZR£MENTS FOR IMPROVEMENT FUNDS FOR THE YEAR 1969-70 FUND REQUIREMENTS AVAILABLE TO BE TA% LEVY FROM SERVICE TRANSFERRED CONNECTIONS FROM PUBLIC IN 1969 UTILITY FUND W-75 Bonds of 1960 Bonds of 1963 Bonds of 1967 Refunding Boads $ 50�361.00 7�412.00 23>017.00 2�003.00 79,615.00 $ 25,526.00 S 50,361.00 7,412.00 23,017.00 2,003.00 54,089.00 $ 162,408.00 $ 25,526.00 5136,882.00 Not scheduled if transfer ia made from Public Utility Ftind. 2� ' , ' ' ,�, RESOLUfION NO �f 1969 A RESOLVfION MAKING A TRANSFER FROM THE PUBLIC UTILITY FUND TQ W-75 WATERiIORKS IMPROVEMENT BOND £fRdD, IMPROVEMENT BONDS OF 1960 FVND, II�PI�NEl�l1T BONDS OF 1963 FUND, IMPROVEMENT BONDS OF 1967 F'UND, AND REFtA�IDING BOND FUND fIHEREAS, tax levies, or transfers into Bond Funds are necassary to provide the required amount of money in certain Improvement Bond Funds, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of FY�idley, meeting at a regular session on the day of , 1969. aa followe: � 1. That a transfer £rom the Public Utility Operating FLnd to the iiatenrorks Improvement Bond F�nd N-75 in the amount of $50,361.00 be aurthorized for the purpoe� o,€,ea3imiaatia;=the ta�c levy for the year 1969, collectible in tha yaar 1970. 2. That a transfer from the Public Utility Operatiag Fund to ' the Improvement Bonds of 1960 Fynd in the amount of $7,412.00 be authorized for the ptu�pose of eliminating the tax levy for the�year of 1969, collectible in the year 1970. . 3. That a transfer from the Public Utility Operating Fund to the Improvement Bonds of 1963 Fynd in the asnount of $23,017.OQ be authorized for the purpose of eliminating the tax levy ior the year 1969, collectible in the year 19l0. A'fTEST: 4. That a transfer from the Public Utility Operating Fl�nd to Bonds of 1967 in the a�unt of $2,003.00 be anthorized for the purpose of eliminating the tax levy for the year 1969, collectibls in the year 1970, 5. That a transfer from the Pu51ic Utility OperatinY Fund to the Refiutding Bond Flmd in the apqur,t of $54,089.00 for the purpoee of reducing the tax levy for the year 1969. collectible in the year 1970 be authorized. 6. That the transfer of the 1969 collections from the Service Connections to the Refunding Hond Fimd for tAa purpose oF raducing tha tax levy for the year 1969 is authorized. PASSED{AND ADOPTED BY THE CITY COUNCIL OF Tf� C2TY OF FRIDL£Y THIS _� DAY OF + �'! ', � �. , 1969. , �.�1 �, - C. p��, lfAYOR - Jack 0. K 1�am �� 1 ' � ' ' 6PPLICATION FOR BISILDING PFR4�IT CITY OF FRIDI.EY, MINNESOTA OWNF�i 'S �;_� 29 ADIIRESS �—'—"�� . ADDRFSS ��l ( ��,.e� �L'�,{��"'� AO iOCATION OF BUILDIATG , ; LfYrr G,�BLOCK�`ADDITION OR SUBDIVISION �`..yy� �!z� �rl.� - . CORNFR LOT INSIDE LOT 1� SETBACK 3 i` SIDEY9RD // � C'�+r� /,',� � ' , , , , ' , ' , , ' . 1 ' ' 3EWF4t ELEVATIQN TOP OF FOClPING Applicant attach to thie form Two Certificatee of Survey of Lot and propoeed building location drawxi on theae Certificatee. DESCRIPTION OF $[TILDING To Be IIaed Ae: Front�Depth �� Height 1� � •„ .: _ Square feet /,2p p Cubic Feet � Frant ? � Depth 2 � Height Square Seet gOl/ Cubic Feet -r • Type of Constructio.n �j�,,�Q - Estimated Coet 2 7, G'CC . �+t> To Be Completed .�..y,� �3B'�� The undereigned hereby makea application for a permit for the work herein apecified, agreeing to do all work in strict accordance with the City of Fridley Ordinances and ruli.nga of the Department of Buildi.nga, and hereby declarea that all the facts and repreaentationa stated in thie application are true and correct. _,_, „ of Fee Coete can be found on the Reveree/S�,e �� S� ��'� � f �� O c.</�'t P r S � 5" % �� y, A `7''�' P PYr, .o,q I f�S C Yo RESaLUT�Q1! lKt. ! �'J � - 1969 r-- RESOLUTION tONFIRMII� ASSESSMENT FOR STREET INPROVEMENT PROJECT ST. 19b9 '�A BE IT RESOLVED by the City Council of the City of Fridley, Minnesota, as followss 1. The City Clerk has with the assistance of Lhe engineers heretofore setected by this Courxit for such purpose, caiculated the proper ,amounts to be spaciaily assessed for the STREET IMPROVEMENT PROJECT ST. 1968 " �A in said C1ty against every assessabie lot, piece, or parcel of land in accordanee witfi the provisi�ns of law, and has preparsd and filed with the Eti-y C1erk tabulated statements in duplicate showing the proper description of eaeh and every lot, piece, or pareel of iand to be speeialiy assessed and the amount calcutated against the same. 2. Notice has been duly pubtisfied as required by laiv that this Countil would m.et in special �ession at this time and place to pass on the proposed asaessment. "' 3. Said proposed assessment has at all times since its filing been open to inspection and copying by aii persons interested, and an opportunity has been given to a11 interested persons to present their objeetions. if any� to sueh proposed assessment, or to any item thersof, and no objections havs been filed; except 4. Tfie a�wxmts spactfiad in tM proposed assessn�ent ara changed �nd alt�rsd as follan: , �, ` . li t ` I' 5. This Council finds that each of the lots, pi�ees, or parcels of land enunerated in said proposed assessment as altered and aadifltd was and is sp�ciaily b�nefited by th� �_� �I ' ` I ' 57REET IMPROVEMENT PROJECT ST. 1966 ��A in the anwunt in said proposed assessment as alitred and modtfi�d by tM corrtctl w ro11 in tM aiwunt set opposite tM d�scriptlon of eaeh such iot, pitc�, or parce) of la►d, snd that said amount so s�t out is Mrsby levi�d �gai�st aach of the r�spective lois, pieces, or paresia of land ther�in described. 3� 1 , Page 2 - RESOLUTION N0. � � II �1 �.; ' C � , ` f �.I �_� �J �� - 1969 6. Such proposed assessment as attered, modified and corrected is affirmed, adopted and confirmed, and the sums fixed and named in said proposed assess- ment as altered� modified and corrected with the changes and alterations herein above made, are affirmed, adopted and confirmed as the proper special assessments for each of said lots, pieces or parcels of land respectively. 7. Said assessment so affirmed, adopted, and confirmed shall be certified to by the City Cterk and filed in his office and shalt tihereupon be and constitute the special assessment for STREET IMPROVEMENT PROJECT ST. 19� '�A 8. The amounts assessed against each lot, piece, or parcel of land shatl bear interest from the date hereof until the same have been paid at the rate of seven and one-half (7�-�) per cent per annum. 9. Such assessment shali be peyabte in ten (10) annual installments payable on the ist day of January in each year, beginning in the year 1969, and continuing until all of said instatlments shalt have been paid, each install- ment to be collected with taxes cotlectible during said year by the County Auditor. 10. The City Clerk is hereby directed to make up and file in the office of the County Auditor of Anoka County a certified statement of the amount of att such unpaid assessmenYs and the amount which will be due thereon on the lst day of January in each year. The motion for,�t�h� adoption of the foregoing resolution was duly seconded by Counci lman �,(,c,i;;� , and upon vote bei ng taken thereon the following voted in favor thereof: , �, � . i;', . and the following voted against the same: _ PASSEO AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY T:iIS DAY OF ��+��'� , 19b9• , ' ATTEST: , CITY CLERK Marvin C. Brunsell �J �!-' MAYOR Jack 0. Kirkham �1 1 �J � � ' ' i , 1 � , , ' [J , ' , , ❑ RESOLU7ION N0. � - 1969 RESOLUTION CONfIRMING ASSESSNENT FOR STREET IMPROVEMENT PROJECT ST. 1968 - 2A BE IT RESOLVED by the City Cou�cil of the City of Fridtey, Minnesota, as fotlows: 1. 7he City Cterk has with the assistance of the engineers heretofore sel xted by tfiis touncil for such purpose, calculated the proper amounts to be specially assessed for the S7REE7 IMPROVEMENT PROJECT ST. 1968 - 2A in said City against every assessable lot, piece, or parcel of tand in aceordanee with the provisions of 1aw, and has prepared and filed with the City Clerk tabulated statements in dupticate showing the proper description of eaeh and every lot, piece, or parcel of land to be specially assesasd and the amount calculated against the same. Z. Notico has been duty published as required by taw that this touncil would msst in special sesaion at this time and place to pass on the proposed assessn�ent. 3. Said proposed assessment has at a11 times since its fiting bee� open to inspeetiaf and copying by a11 persons interested, and an opportunity ha• bten given to all interested persons to present their objections, if any, to such proposed assessment, or to any item thereof, and no objeetions Mw been filed; exeept � � �� , 4. The amounts speciffed in the proposed assessment ere ehanged and aitered as foila►s: ; J� �1 � ,\ \ ' 1 S. This Council finds Lhat each of the 1ots, pieces, or parcels of land enunsrated in said proposed assessment as attered and modifisd was end is specially benefited by the STREET IMPROVEMENT PROJECT ST. 1968 - 2A in the amount in said proposed assessment as altered snd nadified by the correcti w roll in the amount set opposite the description of each sueh tot, piece, or parcel of tand, and that said amount so set out is Mreby l�viad against each of the respective 1ots, pieces, or percels of la�d thersin described. 32 L ' Page Z - RESOLU7ION N0. - 1969 6. Such proposed assessment as altered, modified and corrected is affirmed, adopted and confirmed, and the suns fixed and named in said proposed assess- ment as altered, modified and corrected with the changes and alterations herein above made, are affirmed, adopted and confirmed as the proper special assessments for each of said Iots, pieces or parcels of land respectively. 7. Said assessment so affirmed, adopted, and confirmed shall be certified to by the City Cierk and filed in his office and shail thereupon be and constitute the special assessment for STREET IMPROVEMENT PROJECT ST. 19b9 - 2A 8. The amounts assessed against each lot, piece, or parcel of land shatt bear interest fran the date hereof until the same have been paid at the rate of seve� and one-half (71�) per eent per annum. 9. Such assessment shail be payable in ten (10) annual instaliments psyable on the lst day of January in each year, beginning in the year 1969, and continui�g until all of said installments sha11 have been paid, each install- ment to be collected with taxes coilectible during said year by the County Auditor. 10. The City C1erk is hereby directed to make up and file in the office of the County Auditor of Anoka County a certified statement of the amount of att such unpaid assessments and the amount which will be due thereon on the lst day of January in each year. ' The nqtion for tPhe,a�eioption of the foregoing resotution was duly seconded by Couneilman " c��- , and upon vote being taken thereon the , following vote in a w r thereo : 1 ' and the fo11o►ving voted against the same: 1 ' PASSED AND ADOPTED BY THE CITY COUNCIL OF TNE CITY OF FRIDLEY THIS �'. --r---_. DAY OF ��,__�'c. C , 1969. � �� 1 � ' ATTEST� K Marv n . Brunse MAYOR ac . K r aw 33 � � � ll �� ' � ' � � , � � �J � ' � 1 ' � June 12. 1969 Mr. Ho�er pnkru� City I�[anager City of Fridley Fridley, I�tinnesota. Dear Mr. Ankruur � � 3� #►11� 339-1868 k9�/e construction lNCORPORATLD - yY�INN6APO5WSd, XqINN6JOTA iTi} I.aSi�Qf Av. On June 11, 1969, a Planning Coa�iesion ■eeting ras held for the city of Fridley. Ye were on the agenda for that aeetia` regarding the re-zoning of a piece of propertr. The public hearing rras held on thi• sa�e eveniag and there ras no oppositioa from neishbor� regarding the re-zor►ing vhich l�ft the oatter in the hands oP the planniag Cor�ission �e�b�rs. Hoxever, the Planniag Coa�iaaion did not have a quoru� so the aatter vas tablad until Lhe Jul� 9, 1969 aeetin�, pn June 12, i969, I talked to Mr. Ericksoa, head of the Plaaning Comission, regarding tLe poaaibilitr of a special aeetias vhich �ight per�it us to get on the July 14, 1969 Conncil a6snda so as to allox coastruction to •tart as sooa a• po�sible. Nr. Erick�on ad�i�sd ve to contact Ilr. Darr�l Clark asd iaforo hi� that I Lad talked to Mr. Erickson aad tLat our its� of re-zonia` �hould be iacluded oa the June 1k, 1969 Council asend� to facilitate the coa�Lructioa •tart. Mr. Clari told �e to Mrite a letler to rou �alcin6 ths reqti�at for�a117 and Lhat i• Lhe purpoae ot this letter. We wonld �ppreciate �our infos�ias Mr. Clark to place u• oa the Ju17 14, 1969 Council agenda a• reco�ended D� Mr. Zrickson. / '!'hank ron �erp �nch for �our help. Q � , a ' 1 1 , ' � 1 � it ' �� ' f FRiDLEY \'OLUNTEER FIREM�� RELIEF ASSO�IATION � . �RIDLEY, MiNNE50YA � MINNEAfOL15 21, MINNSSOTA Ju�e 25, 1969 Nomer R. Ankrum, City Manager � Honorable Mayor and City Councii Mem6ers Attached hereto are copies of the By-Laws of the Fridley Volunteer Firemen's Relief Association submitted for your approval. This is in accordance with Section 14 of the Chapter 594 of the 1°69 session of the Minnesota State Legislature. In that substantial amending of the By-Laws was necassary to make them conform with the provisions of the recently passed pension legislature, it was decided to do a very thorough reshaping of the By-Laws to clear up the language and also to make it easier to read and interpret the By-Laws. '� As an aid to your noting the changes, i have noted on copies of the old By-Laws, the areas of change. These have been numbered in the margins. I have also furnished a cross reference index to the new By-La•ris. Your usual prompt consideration and approval is deeply appreciated 6y the members of the Volunteer firemen's Relief Association. l�dex to By-Law AmendmeRts Oid . - Amended 1- Article I, Sec. 4, Para. 4 Page 2, Sec. 4, Para. 4 2- Article il, Sec. 3, Para. 1 page 4, Sec. 3, Para: 1 3- Ne�.� Section Added page 4, Sec. 6 4- . Page 5, Article 3 5 � t Page 6-�, Article 4 6- Article V, Sec. 2 page 8, Article V, Sec. 2 7- Article V, Sec. 3 Page 10, A�ticle Vll 8- Article V, Sec.�8 page 11, Article IX, Sec. 7 9- Article VII, Sec, 8 }tage 12, Article IX, Sec. 9 10 - Page 9, Artscle VI , Item 10 is a new secfion relating to disability. ' ' Re;pectfLlly submitted • .'� . . � �. . / , � �� ,•j� ; . / � / r � /� .' . . ' _ ,.4�e:t.� �'�..' �, t!C,c::�1.,c_��` _ ; �R `ert D. Aldc-ich, Presidcnt ' �. 3,i ARTICLE 1 � ART'ICLE 2 ARTIGLE 3 ARTICLE 4 ARTICLE S ARTICLE b ARTICLE 7 ARTICLE 8 ARTILLE 9 CITY OF FRIDLEY VOLUNTEER FIRENAN'S RELIEF ASSOCIATION BY-LAWS OF FRIDLEY FIRE DEPARTMEN?' RELIEF ASSOCIAiION INDEX ORGANIZA'iION AND DUT'IES OF OFFICERS ALLOCATION OF FUNDS MEMBERSHIP PENSION BENEFITS INJURY AND SICKNESS BENEFITS DISABILITY BENEFITS DEATH BENEFITS STATE DELEGATES MISCELLANFOUS RULES PAGES 1-3 PAGES 3-4 PAGE 5 PAGES 6-7 PA6E 8 PAGE 9 PAGE 10 PAGE ll PAGE 11-12 a 3� �J � '�1 r� i l� CITY 0� FRIDLEY VOLUNTEER FIREMAN'S RELIEF ASSOCIATION BY-LAWS OF --FRIDLEY FIRE DEPARTMENT RELIEF ASSOGIATION ARTfCLE I ORGANIZATION & DUTIES OF OFFICERS, SECTION I. PRESIDENT'S DUTY, It shall be the duty of the president to preside at all meetings of this association, to sign all orders drawn upon the treasurer for the payment of such sums of money as may from time to time be authorized by the By-Laws or properly voted by the Association, and to sign all certificates and notices as may require his signature to authenticate them, and to have general supervision over the Association. SECTION 2. VICE-PRESIDENT'S DUTY, It shall be Che duty of the vice- president to assist the president, and in his absence to officiate for him. ' SECTION 3. SECRETARY'S DUTY, It shall be the duty of the secretary to keep a correct record of all the meetings of the Association and of the board of trustees and of all business transacted by the �ssociation; ' to keep a list of all members of the Association, showing the date when each person became and ceased to be a member; to keep an account with each member, showing the amount paid by him to the Association as initiation fees, dues, fines, assessments or other purposes; and to keep a correct account of all moneys received and disbursed by the Association. The secretary shall furnish a surety bond to be approved by the City Council in an amount specified by them, conditioned on the faithful performance of his duties. Such bond shall be filed with the City Clerk and shall be paid for by the Association. The books of the secretary shall be at all times subject to inspection by any member of the board of trustees or by the public examiner of the State. The secretary shall at each regular meeting of the board of trustees make a report in writing, showing the names of all persons who have become or ceased to be members since his last report, the names of all persons to whom benefits or pensions have been paid, and the amount paid to each, the amount of money received since his last report and the source thereof, the amount of money paid out and expended during such time and for what purpose, the amount of rtroney on hand, and where t.he same is invested or deposited, and such other information as shall show the general condition of the Association. The secretary shall turn over all moneys received by him to the treasurer within a period of ten days and shall obtain a receipt. 3� � ._� !i' � �' _ � In addition to the above regular report, the secretary together with the treasurer shall prepare annually a detailed report of the receipts and expenditures for the preceding year showing to whom and for what purpose the money had been paid and expended, and, on or before September I, file such.report with the clerk of the municipality and a duplicate with the State Commissioner of fnsurance. The secretary shall notify the City Clerk of all injuries suffered by a member of the Fire Department imnediately after learning thereof. He shall examine all claims against the Association and ascertain and report to the board of trustees whether or not they are proper and correct 6efore the allowance thereof by said board. SECTION 4. TREASURER'S DUTY. �It shall be the duty of the treasurer to receive and receipt for all moneys belonging to the Association, and to disburse the same pnly by draft signed by the president and countersigned by the secretary and the treasurer of the Association; to keep a correct account in the books kept for that purpose, of all moneys received and disbursed by him; to keep a separaYe and distinct account of the two funds of the Association and to prepace for and present to the board of trustees. at each regular annual meeting thereof and at such other times as the board shall direct, a complete and detailed statement in writing of the assets of the association and the amount belonging to each of the funds, and to collect all interests on certificates of deposit, bonds and other obligations held and owned by the Association. i The.treasurer shall deposit within ten days after receipt thereof to the credit of the Association all money received by him in sucfi ba�k or banks as shall be designated by the board ot trustees. � The treasurer shall be the custodian of and responsible for the ( safekeeping of all bank books, certificates of deposit, notes, bonds, �_� securities, and other obligations for the payment of money belonging to ' or held in trust by the Association, and shall deliver same and all C moneys and all other properties in his possession belonging to the Association to his successor in office or to any person or committee authorized to receive the same by the board of trustees. The treasurer � shall not be responsible for the failure of such investments prbperly made in accordance with the provisions of these by-laws, but only for the safekeeping of the securities. He shall prior to enteriny upon the duties of his office, give a good and sufficient surety bond conditional upon the faithful performance of his duties, in an amount as set by the board of trustees and approved by the City Council. The Council may require at any time that an additional oond be posted. Such bond shall be filed with the City Glerk, and shall be paid for by the Association. . _Z_ � � �i 3� The treasurer shall make out and deliver to the secretary, a receipt for all moneys received by the treasurer whe•ther paid through the secretary o� not. The treasurer shall furnish to the secretary from time to time such information as he_may require to perform the duties of his office and perform such other duties as usually appertain to his office, and shall receive as compensation for his service such sum as shall be determined by the Association. SECTION 5. PQWERS OF THE 60ARD OF TRUSTEES, The Board of Trustees shall have exclusive control and management of all funds received by the �' Association and shall constitute the governing body of said Association with full power and authority to cdrry out the objects and purposes of the Association as set out in the Articles of Incorporation a�d By-Laws of E' the Association and the laws of the state of Minnesota. A quorum for the Board of Trustees shall be two-thirds of its membership. All apptications for relief or benefits shall be presented to the secretary for action by the Board of Trustees, and all applications shall be accompanied by a certificate of disability from the physician in attendance, stating the length of time that such member has been unable to perform any and every kind of duty pertaining to his usual occupation. This application shall also show that the disability or injury received at the time and in the manner provided in Section I of Article V of these :By-Lawsif so received. SECTION 6. ELECTION OF BOARD OF TRUSTEES. The Board of Trustees shall consist of six (6} members, elected by the membership at it's annual meeting, for a two year term. Board members sfiall continue in office untit their successor has been elected. The Board of Trustees shall also consist of the following Ex-Officio members: The Mayor of the City of Fridley, the City Clerk of the City of Fridley, and the Fire Chief. ARTICLE II (ALIOCATION �f fUNDS} SECTION l. FUNDS. AIl money received from the Association shall be kept in two separate funds. SECTION 2. GENERAL FUND. The funds received by this Association from dues, donations, fines, initiation fees and entertainments, shall be kept in a general fund and may be disbursed upon a majority vote of the members of the Board of Trustees for any purpose reasonably suited to promote the welfare of the Association and its members and of the equipment and maintenance of the Fire Department. -3- � � � � ■t � � �' _ �� L, l' ;'i � �, SECTION 3. SPECIAL FUND. All funds received by this Association from the tax levied by t.he City Council and the gross premiums tax on fire insurance premiums and contributions of the paid full time firemen and other money which may be directly donated or transferred to said fund, shall be kept in a separate account on the books of the t�easurer, known as the Speciai Fund and shall be disbursed only for the following purposes: a) For relief of sick, injured and disabled members of the Fire Department. b) For the payment of pensions to disabled firemen and the widows and orphans of such firemen . c) For the payment o£ pensions t.o retired firemen pursuant to the laws of the Statie. d) For the payment of the fees, dues and assessments in the Minnesot:a State Volunteer Fi-remen's Benefit Association so as to entitle tfie meinbers-of 'this Association to the membership and benefits of such State Association. e) For the payment of such death or funeral benefits as may be from time to time stipulated in the By-Laws of the Association. f) For the payment of necessary expenses of administering the fund,_including secretaries and treasure�s salaries. SECTION 4. INVESTMENT 0�' FUNDS. The Association may invest its funds in income paying properties and securities. AI1 loans or investments from either the general fund or the special fund shall be recommended by the Board of Trustees and approved by three=fourths vote of all members of the Association present. SECTION 5• CUSTODY OF FUNDS ON DISSOCUTI-0N. In case this Relief Association be discontinued or the treasurer should resign or be removed from office, and for any reaso� the members should fail to elect a new treasurer, the District Court may appoint a trustee or trustees of said funds or may direct that the funds be paid to the treasurer of the City to be held in trust by him and paid out only in accordance with Article II, Sections 2 and 3 of these By-Laws. SECTION 6. PA1D EM?LOYEE CONTRIBUTIONS. The contributions of the paid full time firemen shall be collected by the City and disbursed to the Relief Association on a monthly basis. Separate records of individual contributi.ons shall be maintained for each contribution mem6er. -4- 40 � ,� ARTICLE III MEMBERSHIP i' SECTION I. MEMBERSHIP. Every active member of the Fridley Fire � Oepartment upon presenting a written application, signed by himself, stating name, residence, position to which he belongs, and name af (' beneficiary in case of death, date when he joined the fire Department � and the payment of a year's dues in advance, shall be entitled to a Certificate of Membership in the Association. SECTION 2. DUES. All members in good standing shall be entitled to benefits as provided in the By-Laws, and shalf pay a tota) yearly fee set by tfie State Volunteer Firemen's 8enefit Association, on or before �uly lst of each calendar year. . SECTION 3. FAILURE TO PAY DUES, Any member failing to pay his � annual dues within fifteen days after July lst of each calendar year, shall be notified of such delinquency by the secretary, and if they are not paid within fifteen days after such notice, he shall thereupon cease � to be a member of the Association. Any member so d!-opped may be reinstated within sixty days thereafter by paying a fine of $2.00 in addition to the dues. � � .1__J L_� �' � SECTION 4. CERTIFICATE OF MEMBERSHIP, The certificate of membership shall be slgned by the President and Secretary of the State �olunteer Firemen's Be�efit Association. SECTION 5• PENALTY FOR FRAUD. Any member who shall be charged with imposing upon this Association by feigniny sickness or injury for the purpose of defrauding the same shall be given a hearing by the Board of Trustees, and upon recommendation by the Board of Trustees may be expelled by a two-thirds vote of inembership of the Association present and voting following a hearing before the membership on the Board's recommendation. -5- 41 42 ARTIGLE IV PENSION BENEFfTS SECTION 1. PENSfON BOARD. The 9oard of Trustees shall constitute the Pension Board and shall act upon all applications for pensions and on all other forms of be�efits provided by these By-Laws. SEC710N 2. VOLUNTEER FIREMEN PENSION BENEFlTS. The Board of Trustees, when acting as the Pension Board, is hereby authorized to pay a service pension not to exceed $100 per month to all retired volunteer members who reached the age of fifty-five years or more and have served at least twenty years as a member of the Fire Department of the City and have been members of the Reiief Association at least'nineteen years. SECT'ION � FULL TIME FIREMEN PENSION BENEFITS. The Board of Trustees, when acting as the Pension Board, is hereby authorized to pay a service pension not to exceed 50% of the average salary paid to a first class firefighter based upon the previous five calendar years, to all retired full time firemen who have reached the age of fifty-five years and have served at least twenty years as a member of the Fire Department of the City and have been members of the Relief Association at least nineteen years. SECTION 4. INCREASING VOLUNTEER FIREMEN PENSION BENEFITS. The Board of Trustees may increase the monthly pension of retired volunteer members � by adding to the maximum above described amount not exceeding $3.00 tor each year of active duty over twenty years, but the maximum pension shalt not exceed $130.00 per month. SECTION 5• 0'THER LIMITATIONS, No pension shall be paid to any active member of the Fire Department and no recipient of such pension shall be entitled to any other relief from the Association. No payment made or to ba:made by,this Association to any member on Lhe_pension roll shall be subject to judgment, garnishment, execution, or other legal process.. Such .payments.are not assignable, and the Association shall not recognize any ass.ignment or pay over any money so assigned. SECTION 6. DEA7H OF PENSIONER. When a service pensioner, disability pensioner, or deferred pensioner or an active member of a Relief Association dies, leaving 1) A widow who was his legally married wife, resi.ding with him, and who was married to him while or prior to the time he was on the payroll of Yhe Fire Department, and who, in case the deceased member was a service or deferred pensioner was legally married �� 1 l' �' to the member at least three years befor•e his ret+rement from the Fire Department or (2) A child or children who were liviny while the deceased was on the payroll of the Fire Department, or born within nine months after the decedent was withdrawn from the pay�oll of the Fire Department, t.he widow and the child or children shall be entitled to a pension or pensions as follows: a) To the child or children, if their mother is living, a pension of not to exceed 6 units per month for each child up to the time each dhild reaches the age of not less than 16 years and �ot to excegd the age of 18 years, in conformity with the By-Laws of the Association; provided the total pensions hereunder for the widow and children of the deceased member shall not exceed the sum of 40 units per month. (' b) To the widow, a pension of not less than 15 units, and not to � exceed the sum of 18 units per month, as the By-Laws of the Associatio� p%ovide, for her natural life; provided that if � she shall remarry then the pension shall cease and terminate as of the date of her remarriage. �i ` �' `i l� c) A child or children of a deceased member receiving a pension or pe�sions hereunder, shall after the death of their mother, be entitled to receive a pension o� pensions in such amount as the Board of i�ustees of the Association shall deem necessary to properly support the child or children until they each reach , the age of not less than 16 and �ot more than 18 years, as the By-Laws of the Association may provide; but the total amount of the pensio� or pensions hereunder for any child or children shall not exceed t.he sum of 40 units per month. (3) If the widow is deceased, benefit is to be paid to trust in the amount of 18 units plus 6 units for each child, not to exceed 40 units per month. SECTION 7. VOLUNTEER SERVICE LREDI'T, The Board of Trustees shall allow: a paid member who has served as a volunteer member of this department credit for one half year of full time service for each such year served as a volunteer. _�_ 43 , ;' r' l � � �' [_, . � �1 [� �i �- (� �� ARTICLE V INJURY AND SICKNESS BENEFITS SEC710N I. SICKNE55 INJURY BENEFITS, Every member of the Association in good standing who is unable to perform any and every duty pertaining to his usual occupation, shall receive a minimum of 22 units per day duriny such disability for a period not to exceed thirty (30) weeks. The Board of Trustees may increase this amount and extend the period of payment upon .. two-thirds vote; provided, however, that such sickness, disability or injury was received while actually engaged in the performance of his duties as a member of the City of Fridley Volunteer Fire Department. This benefit shall be paid after the first 90 working days of the disability. SECTION 2. REPORT SICKNESS OR DISABILITY. Any member becoming disabled or receiving an injury in the manner set forth in Section I of this Article, shall have the same reported to the Secretary of the Board of Trustees within twenty-four hours, or as soon as is possibte after the occurence of the sickness or injury. It shall be the duty of the Secretary of the Association to file notification with the City Clerk of Fridley of a sickness or injury to any member of this Association within hours after receipt of such notification. � .. � �_ � ARTICLE UII DISABILITY BENEFII'S SECTION I. VOLUNTEER FIREMEN DISABILITY BENEFITS. Any volunteer fireman who shall become permanently disabled from performing the duties as a fireman, should be paid a disability or $100 per month, where such disability is causally related to his employment as a fireman. Where such disability is not causally related xo his employment as a fireman, and where he has served at least 10 years, the disability shall be $45.00 per month plus $5.50 per month for each year of service in excess of 10 years, subject to a maximum of �100.00 per month. SECTION 2. PAID FIREMEN DISABILITY BENEFITS. Any paid fireman who should become permanently disabled from performing his duties as �a fireman shall receive a disability benefit equal to 45% of the average salary of a first class firefighter or hi5 present salary if less than a first class firefighter. Where such disability is not causally related to his employment as a firefighter, and he has at least 10 years of service, the benefits shail equal 22Z% of the pay of a first class firefighter, with an additional 2,'—,% for each year of service beyond 10 years, but not to exceed a tota 1 of 45°/• SECTION 3• EVIDENCE OF DISABILITY. The Board of Trustees reserves the right to require from the disa6led firema� at any time, evidence satisfactory to the Board verifying the fireman's disability. 7he Board may require an examination of the applicant at the Board's expense by a licensed physician ot the Board's choice prior to ruling on any disability claims. SELTION 4. CLAIMS FOR RECURRING DISABILITY. A statement by the attending physician that the fireman is able to perform his normal duties as a firefighter will be required in all disabitity claims. No claim for recurring injury resulting from the previou, disability will be accepted by the Board unless said statement has been furnished to the Boa rd. �� 4:5 ' �� 1' C' � � � � O �' C' � �� ARTICLE VII DEA'iH BENEFITS SECTION I. LUMP SUM DEATH BENEFITS. On the death of a member of this Association, incurred while acting and performing duties as a fireman, the beneficiary named in the Certificate shall receive a sum in the amount of $1500. SECTIUN 2. V�LUNTEER FIREMAN DEATH BENEFITS. The widow of a volunteer fireman who dies and has served at least 10 years of service on the Fire Department and such death is not. causally related in his employment as a firefighter, shall receive not less than $45.00 per month and not more than $54.00.00 per month. A: B Each surviving child of a deceased fireman shall receive not less than $18.00 per month. The total amount of benefits set forth in this section shall not exceed $120.00 per month SECTION 3• PAID FIREMEN DEA?H BENEFI'TS. A. Death Prior to Retirement. e C. The widow of a full time fireman who dies prior to his retirement shall receive a benefit in the amount of 25q, of the salary of a first class firefighter. Death After Retirement. The widow of a full time fireman who dies after retirement, shall receive a benefit of the amount of 50% of the pension received by the deceased fireman prior to his death. Surviving Children. Each surviving child of a deceased full time fireman shall receive a benefit not to exceed 8% of the salary of the first ctass fireman. SECTION 4. MEMORIALS. The president and the secretary are hereby authorized to expend not more than $10.00 for an appropriate purpose in case of death of any member of this Association and not more than $5.00 in case of the death of any member of this Association. T'hese disbursements shall be from the General Fund. -10- 4F � ' ' l, �, �� [1 [1 t_' �, �' i L_ ART'!�!.E VII! S'SA'3'E DELEGA'FS SECTION 1. DEtEGATES. 'he Asseciation shalY elect one delegate to the State Convention and �eimburs� him for ac*ual necessa-y expenses. AR'T'ICLE IX MISCELLANEOUS RULES, SECTION I. REPORTS. All reports and resolutions shall be submitted in writing and no report from a Committee shall be recaived unless it is approved by a majority of the Committee; but a minor�ty report may always be presented. SECTION 2. DISBURSEMENT OF FUNDS. A1l moneys of this Association shall be disbursed only as heretofore provided except by a two-thirds • vote of the Association. if the condit+on of the treasury does not permit the payment of all benefits in ful�. the available funds shal! be pro-rated among the several be�eficiaries. SECTION 3• ANNUAL MEETING. ?'he regular meeting of *he Association shall be held before the 15th oE January of each yea� at 7:00 P.M. SECTION 4. DEBTS PRO!ilBl'TED. No officer or member of this Association shall contract any debt for the same unless auiho!-ized by the 9oard of Trustees. SECTION 5• MEMBERSHIP A?PLICA'TION. A11 applications for membership shall be made in writing on the proper form provided and submitted as soon as a member is accepted on the Fire Department. SECTiON 6. QUORUM constitute a quorum. SECTION 7. "UNIT" the sum of $3.00. 50°{0 of the members in good standing shall A"UNIT" defined in these By-Laws represents -il- �� l � L� SEGTION 8. ORDER QF BU�iNE55. The following order of business shall be adhered to: � ,.. ._- Cal 1 t.o 0-der 2. Roll Cail 3. Reading Mlnute.s of Previous Meetings 4. Repo�ts of Comm�tt:ees 5- Eiect�on of Members 6. Unfinished 8ussn?ss 7. Elect�on Of t7ffiCZrS 8. Miscella�eous ard New 8us?ness 9. Report of ';'rzasu-?r SECTION 9• AMENDING OF BY:LAWS,. ;h= 3y-Laws of this organization may be amended as follows: Each member shall receive a written copy of the proposed amendment ar least th+rty (.30) days pr+or to any act�on being taken on the p�oposal. Afte+� proper call, at any �egular meeting or special � meeting of thls Association, voting on any proposed amendment shall b� in o,rder. � A simple major�ty of the memb=.rs present and votiny shall be suff6��ent to amend *.he Ry-Laws, provided, , however, that a quorum �s p�esent at the time the vote is t.ak�n. �� l.' L� Notwithstanding the above p�ocedu�e, the By-Laws of this o�ganizat�on may be amended upon recommendation of the Board at any regular or special meeting of this Association if a unanimous vote is cast approving the proposed amendme�t by all members present at the meeting, provided, however, that a quorum is present at the time the vote is taken. Amended: July 1, 1969 a 4.8 � � t ' r:tEh�o ro: MEA10 FROi�1 , RE: ' M E M 0 R A N D U M June 13, 1967 N�.sim (�ureshi, City Engineer Virgil C. Herrick, City Attorney Your communic�tion--Miscellaneous 6�-33 reg�rding repair of water and sewer breeks and well bre�kdown. Your communicetion of June S, 196� o� the �bove subject hns been ' received. In this communication you request my opinion as to the necessity ' of calling for bids for repair jobs on w�ter Qnd sewer breaks and well brerkdowns where the cost of the repair exceeds $I,OOO.00e ' I have resezrched this question by examining the Minnesot� Statutes and Attorney Generals Opinions The League of Pdinnesota hlunicipal ities. ' ' ' ' � City Ch�rter, the �nd material from The Fridley City Ch,rter, Sections 6.05 and 6.06 pertain to purchases �nd contr�cts and the necessity of obt�ining bids therefor. Section 6.0$ stAtes in part, "AIl purch�ses on behalf of the city sh�ll be made, �nd all contracts let, by the city man,�ger, provided th.t the �pproval of the council must be given in advance whenever the amount of such purch�se or contract exceeds $I,000.00," Section f).06 provides in part, "In all czses of contracts for the purch��se of inercf�andise, matenials or equipment or for any kind of construction work undertaken by the city, which require an expend�ture of more thPn �SI,000.00, unless the council shell by �n emergency ordinance otherwise provided, the city maneger shall �dvertise for bids....". The pertinent question is ' sections relate to repairs breaks Pnd well breakdowns. , ' ' 1 wF�her the lenguage quoted in the above specifically to repair of w�ter and sewer 49 1 ' A4r. N�sim Qureshi � � ❑ The League of distinguish "Regardless necess�ry to mainteiance work�." - 2 - June 13, 1967 Minnesote hlunicipalities in their village h<�ndbook repairs from contracts or purchases. They st�te, of the �mount of the contract or purch�se, it is not ,dvertise for bids in the following instances: For and repair work (�s distinguished from construction ' This h,ndbook ��Iso discusses emergency purch��ses. "The statutes specific.11y st�te th�t all contracts, either for materials or for construction purposes, requiring an expenditure of $t,000 or more ' must be let to the lowe� responsibte bidder after notice has been published in the offici�l newsp:,per. Exceptions to this rule m�y be made.only in the case of �n emergency. ' ' � 50 1'lhile the existence of �n emergency is a question of f,ct requring determin�tion by the council, the attorney gener,l h��s pointed out thet.the emergency must be refl as distinguished from � mere inconvenience before the council can dispense with regul.�r bidding requirements. Applyirg this principle, the attorney general h�-:s ruled, for example, th�t the failure of � well might constitute such �,n emergency, but the breakdotion of public works equipment did not justify dispensation with bidding requirements. " ' The Fridley City Charter does not specific�lly refer to emergency repairs and does not define whet is included in the reference to ' contrects. While the language of the Le�gue of Minnesota Municipnlities vill,ge handbook relates specifically to vill�ges governed, under state st�tutes it is my opinion th�t repa�rs of ..n emergency n�ture , are not contemplated in Sections 6.05 �nd 6.06 of the Fridley City Ch�rter ��nd th.�t it is not necess�ry to obt��in bids before commencing repPir of the broken facilities. ' 1 1 ' , ' 1�m also of the opinion that this is true without resorting to the use of en emergency ordinance inasmuch as 1 do not believe that these sections apply to emergency rep<�irs. ! suggest thet this hlemo be placed on the next regul�r Council e9enda for discussion with the feeli�g that the Council may Wish to adopt a policy by resolution giving guidance to the city administration in the hFndling of such emergency situations. � � 51 ��X/" `/ h � � ' I REGULAR COUNCIL MC�TING, NLY 5, 1967 COMMLJNICATLONS : Page 18 �A) CITY ATTORNEY MEMORANDUM, JUNE 13, 1967: REPAIRS OVER $1,000 MOTION by Councilman Harris that the Council receive the Memorandum from the City Attorney dated 3une 13, 1961 regarding Repair of Water and Sewer Breaks and Well Breakdocan. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Councilman Sheridan asked if the Council were going to establish a policy for direction and guidance of the administration? Councilman Harris said he thought the mrnio states that if it is the law, it is the policy. Mr. Gibbs said the conversation the City Attorney had with him was that this is what the law was and City would be �oell within its rights in this sit- uation to adopt what he has found here as policy. If it is a necessary repair for a sewer break, the Council can go ahead and expend the amount necessary, MOTION by Councilman Sheridan that the Council adopt the Memorandum dated June 13, 1967 regarding communcation from the City Attorney on Repair of Water and Sewer Breaks and Well Breakdown as the City's policy. The City Engineer stated the problem is that there has never been a clear direcl-ive fram the City Attorney. Every time there is a break, we dis- cuss it. There is no question that when•we have a break, we have to fix it, For example, on Well ��1 we did go ahead and get it repaired. There will be a bill caning before you for the repair before the next meeting. Mr. Gibbs asked Mr. Qureshi if this Memorandum sets it forth so that when a sicuation arises that he can act now. Mr. Qureshi said he thought so because there is a record now that you have a policy. The Council felt a policy should be in the form of a resolution. Councilman Sheridan with- drew his motion to adopt the Memorandum as policy. MOTION by Councilman Harris to return the Memoranduro from the City Attorney dated June 13, 1967 regarding Repair of Water and Sewer Breaks and Well Breakdowns and ask him to draw a resolution based on the intent of this memorandum and have it ready for the next Council meeting. Seconded by CounciZman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Mr. Gibbs said in their discussion of the cost of repairs, it seemed to him the discretion has to res[ with the Engineering Department. If it gets too high, we just assume they will come to the Council ar call an anergency meeting or somethi.ng, Mayor Kirkham said further discussion will be in order when the resolution is received. ' SB) NEI: DRAINAGE Mayor Kirkham stated this was a letCer from Mrs.Nei regarding drainage, ' Councilman Sheridan said he knew the property because he liad been over to it several times, and the neighbors have a problem also. The School was built on loca land which they built up� /�� pnq t�jp� z thought per- haps we should put a city pump there for the ruM1:�� w�ter, �Q�{�g7.latan ' Harris ask�cl L� k{l�fi 5��1}��i4h is similar to thaC of Pierce and Dei��wood. i 52 RESOLUTION P10. 132-1967 , A RESOLUTION AUTHORIZIP�G E1IERGENCY REPAlRS OF tilATER AhD SEti•1ER SYSTEkI BE IT RESOLVED, by the Council of the City of Fridley, Anok� County, blinnesota, ns follows: Wk1EREAS, the City of Fridley owns rsnd operates .z municipal water r�nd sewer sys�n; and wHEREAS, s�id system on occ-,sion requires immedi�.te repairs of water �+nd sewer bre�3kdowns; �.nd WHEREAS, it is not fe�sible or prrctic.l for the City Council to meet in �dv.nce to Futhorize s<�id emer�ency repnirs; and W}IEREAS, said emergency rep,irs often exceed $I,000.00; .�nd 1tIHEREA.°i, the Fridley City Ch�rter requires adv.�nce approval by the Council snd rdvertisement for bids for purch-se of inerch�.ndise, m.teriFls or equipment or�for �ny kind of construction work. NO'�! THEREFOiE, be it resolved tli,�t the Fridley City Counci l �` interpr.ets tha rbove Chartcr requirements �s being in:+pplicr.ble to emergency rep�irs of the w�ter and sewer system. � BE IT FURTHER 2ESOLVED, th��t the fridley City Council authorizes the City Administration to proceed immedi.-:tely to m�ke � necess�ry e��ergency rep�irs to tlie witer ��nd sewer system provided thrt the Adninistration shall �eport the e�ergency �Rd �ctions taken to the Council at tlie earliest opportunity. ADOPTBD BY TNE CiTY COUtJC{L' OF TNE C17Y OF FRfDLEY THIS 17Tx DAY OF NLY . 1967. FIAYOR - J,4CK 0. KIRKHAAI ATTEST: CITY CLERK h;ARVIN C. BRUMSELL f �V _� EXCERPT EROM PLANNING COMMISSION MINUTES: JULY 9, 1969 YlanninQ Commission Meeting - July 9, 1964' Page 5 3, CONTINIJED REZONING REQUEST: ZOA �69-08A, KAYE WESTERLUND: North 824.7 feet of W'� of NE'� of the NE'� of Section 13, rezone from R-1 to R-3A. Public hearing closed 6/11/69. ' Mr. Westerlund, Leslie Tidham and Darrel Bacon were present. The Con¢nission felt they would like a full cou¢nittee to act on this petition_.and expected the missing member to arrive later on. MOTION by Myhra, seconded by Fitzpatrick, that the rezoning request, ZOA �69-08A, Kaye Westerlund, be tabled until later in the evening. Upon a voice vote, all voting aye, the motion carried unanimously. Continued on page 6. 3. CONTINUED FROM PAGE 5, REZONING REQUEST: ZOA ;�69-08A, KAYE WESTERLUND: � . MOTION by Myhra, seconded by Fitzpatrick, to remove fxom the table the reaoning zequest, ZOA �669-08A by Kaye Westerlund. Upon a voice vote, all votit�g- aye, _the motacai� carsied ur.�nimously. --- Mr. Myhra said, in talking about the number of apartments for the past six months or more since he has been on the Planning Cocmnission, it seemed to him that to suddenly decide, because the Planning Commission has become 'concerned with the problem of the number of requesfs for apartments, to start talking about stopping action on requests, was not good thinking. If the Comnission can foresee a need for apartments in the axea by Onan's, such as this one, they should look at it on its own merits. At the Plamiing Commission meeting of May 22, 1969, the Commission felt a xeport such as that of the Roseville Administrative Staff would be of benefit to Fridley. This was A Study to Examine the Tax Advantage or Dis- advantage of the Apartments in,IRoseville and Their Affect On The Local Schools". The Engineering Assistant said this information could be compiled for Fridley wi.thout too much trouble if Council would so dixect. The Coimnission felt a study would be useful in answering questions from the public and helping them to make decisions�. It was felt a study �. would be completed within 30 days. The headings should consist of how many units in Fridley; how many could be built under our present zbning, how many school children, particularly on average per unit; and tax dollars and return. � # .,t : , �` . EXCERPT OF PLANA�ING COMhIISSIOn MIPNTES: JYILY 9. 1969 �age 1t,*o ZOA ��69-08A, KAYE WESTEP.LUP]D: _ _ _ _ _ --- _ -- -- — --- _ ____--- --- - - --- The Engineering Assistant reported a survey was made in 1963. The Con¢nission would be comparing this report with the proposed survey. In answer to the query of declaring a moratorium while the study was going on, the Commission felt they "should do business on a nonnal basis", taking each request individually. In regard to Mr. Westerlund's request, Mr. Myfixa said the Ylanning Commission was concerned with the elevation lines. Using the County Auditor's descxiption, the rezoning request is for the North 824.7 feet of Parcel 300. The balance of the lot was not included. The South end of the lot has a drop which is not buildable. The peCitioner plans to leave the South part as is. Some of the neighbors were concerned about the setback of the apartments and were informed the setback was shown to be 180 feet with � future garages to take up some of it. Mr. Westerlund was to have a certi- ficate of survey prepared. MOTION by Jensen, seconded by Myhra, that the Planning Commission recommend approval of the rezoning request, ZOA 4�69-08A by Kaye Westerlund of the North 824 J feet of the W'-y of the NE�y of the NE'� of Section 13, to be rezoned from R-1 (single fam3ly dwellings) to R-3A (Apartments only) ,with the condition that the developer deed to the City the South 60 feet of the described tract and further agree that no disturbance of the creek •bank below elevation of 880 would take place and that the developer would further agree that the front setback would be a minimum of 100 feet. Upon a voice vote, a21 voting aye, the motion carried unanimously. Mr. Sensen added that this paxticular txact is appropriate fox the proposed use. It happens to be on the boundary of a large industrial tract; it also abuts the tract that was recently rezoned for multiple dwellings; and on the South side a natural buffer of Rice Creek bottom land exists. Access to the property from the South would be e.zctremely difficult because of the terrain and natural wooded area. The only area that remains to be considered is the area to the West and it is sparsely populated and would not be adversely affected at this time. It would give them an opportunity to develop that property using Che best design factors that could be developed to allow an interface between R-1 and R-3 zoning. F�' i i� , , ,. ;, < SL�TY•SIXTII 1 SESSION f � FI$ST ENGItOSSiF1�NT �� o S. F. NO. 1721 Introduced by Mr. Greig. Read First Time Mar. 27, 1969 and referred to the Committee on Civil Administra- _ __ tion 8: Metropolitan Affairs—Pensions & Retirement. Reported Back Apr. 24, 1969. Committee Recommendations: To Pass as Amended. Read Second Time Apr. 24, 1969. Matter in italics is new; matter in capitals when in ( ) is old law to be omitted. A Bill for an Act Relating to the Firemen's Relief Association in the City of Fridley. Be it enacted by the Legislahrre of llae State of Minnesotn: Section 1. Notwithstanding any provision of law to the contrary, the bylaws of the firemen's relief 2 association in the city of Fridley may provide that the service pension payable to a retired full time 3 fireman, afte�C}ge 55 years or more, pursuant to Minnesota Statutes, Sections 424.21 and 424.22, shal] 4 equal not more than 50 percent of the average'satary of a first class fire fighter as measured by the pre- 5 vious five calendar years. Sec. 2. Notwithstanding any provision of law to the contrary, the bylaws of the firemen's relief asso- 2 ciation in the city of Fridley may provide that the pension payable pursuant to Minnesota Statutes, Sec- 3 tion 424.24, to the widow of a full time fireman who dies prior ta his retirement shall equal not more 4 than 25 percent of the average annual salary of the deceased fireman during the term of his full fime 5 employment. Sec. 3. Notwithstanding any provision of law to the contrary, the bylaws of the firemen's relief asso- 2 ciation in the city of Fridley may provide that the pension payable pursuant to Minnesota Statutes, Sec- 3 tion 424.24, to the widow of a full time fireman who dies after his retirement shall equal not more 4 than 50 percent of the pension received by the deceased fireman nrior to his death. Sec. 4. Notwithstanding any provision of law [o the contrary, the bylaws of the firemen's relief asso- 2 ciation in the city of Fridley may provide that pensions payable pursuant to Minnesota Statutes, Section 3 424.24, to each surviving child of a deceased full time fireman shall equal not more than eight pereen: 4 of the average annual salary of the deceased fireman during the term of his employment as a full time 5 fireman. Sec. �. I�Tohvithstandi::g any provision of law to the cor.?ra.ry, the byla�a�s of tl;c fireman's rclief asso- 2 ciation in the city of F�:�!�e: may p:ovidc th�: i` a fu'I tim� fircr.iar, is perrn�ncr.c�y c'�sahl�d from p�r- � . z 3 forming the duties of his position the disability b�nefit payable to him pursuant to Minncsota Statutes, 4 Sections 424.19 and 424.20, shall equal not more than 45 percent of his average annual salary during S the terms of his employment as a fuli time fireman, where such disability is causally related to his employ- 6 ment �as a fireman. Where such disability is not causally related to his employment as a&reman, and � 7 where he has at least ten years of service, the disability benefit shall equal not more than 22'/z percent 8 of his average annual salary during the term of his employment as a full time fireman together with an 9 additional 2Ya percent for eacH year of service beyond ten years, but not to exceed a total of 45 per- 10 cent. Sec. 6. The bylaws of the firemen's relief association in the city of Fridley may provide that each 2 year of service as a volunteer fireman in the fire department of the city of Fridley shall be decmed the 3 equivalent of one half year of full time service for the purpose of determining the period of fu11 time 4 service of any person who subsequendy serves as a full time fireman in connection with the payment of 5 pensions or other benefits to or in respect of such person under Minnesota Statutes, Chapter 424, or this 6 act. The period of service as a volunteer fireman shall not be considered in determining average an- 7 nual salary received during the term of full time employment. Sec. 7. Notwithstanding any provision of law to the contrary, the bylaws of the firemen's relief asso- . 2 ciation in the city of Fridley may provide that the service pension payable to a retired volunteer fire- 3 ma � age 55 years or more pursuant to Minnesota Stamtes, Sections 424.21 and 424.22, shali be in the 4 amount of $100 per month, plus an additional $3 per month for each year of service in excess of 20 __ __. 5 years, and subject to a maximum pension of $130 per month. --� _,Sec. 8. Notwithstanding any provision of law to the coatrarp, the bylaws of the firemen's relief asso- . 2 ciation in the city of F;idley may provide that the pension payable pursuant to Minnesota Statutes, 3: Section 424.24, to the widow of a volunteer fireman who.dies-prior to his retirement shall not be tess 4 than $45 nor more than $54 per month. . � ,Sec. 9. Notwithstandin� any provision of law to the contrary, the byla�es of the firemen's relief asso- � 2 ciation in the city of Fridley may provide that. thc pension payable pursuant to Minnesota Statutes, Se.o- ,: 3 tion 424.24, to the widow of a volunteer fireman who dies after his retirement shall be not less than 4$45 nor more than $54 per rnonth. _ Sec. 10. Notwithstandino any provision of law to the contrary, !hc bylaws of the firemen's relicf asso- 2 ciation in the city of Fridley may provide that the pension payable pursuant to Minnesota Statutes, Scc- 3 tion 424.24, to each surviving child of a deceascd volunteer fireman shall bc S18 per month. r Sea 11. Notwithstandin� any provision of law to die contrary, the bylaws of the fircmeds relief asso- �} 2 ciation i❑ the city of Fridlcy may providc that if a voltinteer fireman �s peimanently disabled Erom per- 3 formino duties of his po�ition tac disability bcncfit payabic to h::n pa;si�ar,t to Minncsota Statutcs, Scc- 4 tinns 424.19 and 424.20, shall 'oc in th� amount oF � i C0 �.:r m�nd�, �:lir,c such disahiGty is c;uisally s 5 related to his employment as a fireman. �Vhere such disabifity is not causally related to his employment 6 as a fireman, and where he has at least ten years of service, the disability benefit shall be $45 per 7 month, plus $5.50 per month for each year of service in excess of 10, and subject to a maximum of $100 8 per month. . Sec. 12. Subdivision 1. The treasurer of the city of� Fridley and the secretary of the firemen's relief 2 association in the city of Fridley, maintainiag and administering the firemen's pension fund, shall dur- 3 ing the month of June of each year, prepare and certify an estimate of the necessary appropriation 4 which will be sufficient to meet the current normal cost determined by the entry age normal cost 5 method based upon a three percent interest assumption, plus an additional amount sufficient to retire � b the present accumulated deficit, if any, within 20 years after passa;e of this acL During the first year 7 after passage of this act, and at least once every four years thereafter, the firemen's relief association sha12 8 obtain an actuarial survey and report to assist in the preparation of annual estimates required by this 9 section, which survey and report shall be prepared in accordance with the provisions of Laws 1465, 10 Chapter 751, as amended. 11 The records of account shall be maintained under the direction of the treasurer of the city of Frid;ey 12 and the secretary of the firemen's relief association. The system of accounting employed shall be in _. 13 accordance with generally accepted accounting principles, and shall employ applicable actuarial as- 14 'sumptions in a manner which will provide an actuarial measurement of the ]iabili;ies for accamulated IS pension reserves needed for in-service members, the liabilities for rights which have become vested, and 16 the overall financial solvency of the fund. �Vithin 90 days following the end of each fiscal year the trea- _ -.- - __,._� __. __ 17 surer of the city of Fridley shall submit a report to the city coimcil which shall reflect the financial con- 18 dition af the relief association fund. 19 Subd. 2. The city shall levy a tax for the firemen's pension fund equal to the net amount so certi- 20 fied, in the manner and at the time it levies other taxes. When the fund has reached a point su�cient to 21 fully fund the Fridley fircmen's relief association, the tax levy shall be established at an amoi.nt suffi- 22 cient to maintain the fund in a complete]y funded status as new obligations are incurred. The procecds 23 of this tax shall be paid into the firemen's pension fund. 24 Subd. 3. The contribution of a full time fireman with respect to the pension proaram herein pro- 25 vided for shall be in an amount equal to six percent of tite established salary of a first class fire fiahtcr. 26 Any such fireman who separates from service before becomino eli�ible for a henefit sha11 be enti8ed 27 to a refund of his entire contributions. `-- Sea 13. Moneys in the pension fund shall be disbursed only for purposes and in the mannzr autho- 2 rized by the articles of incorporation or bylaws of the association. Before any moncys in the fund nrc 3 invested in order to csrn income or tir.y changc in the bylaws rclative ro the purpose or manncr of dis- 4 bursemeni is tnide, the assaeiation sliail oniain a,� �n�ra��.a of it�e citp council af Fridley, Ai( n:oue��s �...� , � � 4 5 credited to the firemcn's pension fund which are not required for currcnt expenses shall be investcd in 6 aceordance with standards and limitations applicable to investments of the state employees retirement . 7 fund as established by statute. Sec: 14. , The bylaws of the firemen's relief association of the city of Fridley referred to in this act � 2 shall not be effective unless approved by the gocerning body of the city of Fridley. Sec. I5. No provision of this act shall be construed as reducing the amount or rate of contribution 2 to the association by the municipality or a member of the association from such minimum contribu- 3 tions as are prescribed by the Police and Firemen's Relief Associations Guidelines Act of 1969. Sec. 16. This act shall be in effect upoa its approval by the governing body of the city of Fridley and 2 upon compliance with the provisions of Minnesota Statutes, Section 645.02L � � � lJ . �..-. , • , r � , . 1 ��""� - C�-�1 CIT'Y OF FRIDLEY VOLUNTEER FIREMAN'S RELJFF ASSOCIA?lON " BY-LAWS OF • CITY OF FRIDLFY FIRE DFPART'MENT RELIEF ASSOCIATION • ' AR7ICCE I Section I. President's Duty. It shall be the duty of the president to preside at all meetings of this association, to sign all orders drawn upon the treasurer for the payment of such sums of money as may � from time to time be authorized by the By-Laws or properly voted by the Association, and to sign all certificates and notices as may require his signature to authenticate them, and to have general supervision over the associacion. �Sectio� 2. Vice-?resident's Duty. It shall be the duty of the vice-president to assist the president, and in his absence to officiate for him. Section � Secretary's outv. It shall be the duty of the secretary to keep a correct record of all the meetings of the association and of � the board of trustees and of all business t�ansacted by the association; to keep a list of all memb=rs of the association, showing the date when each person became and ceased to be a membe r, to keep an account with each member, showing the amount paid by him to the Association as initiation fees, dues, fines, assessments or other purposes; and to keep a correct account of a�l mo�eys received and disbursed by the association. 7he secretary shall furnish a surety Dond to be approved by the City Council in an amount specified by them, conditioned on the faithful performance of his duties. Such bond shall be filed with the City Clerk and shall be paid fo� by the association. The books of the secre!ary shall be at atl tlmes subject to fnspection by any membe� of the board of trustees or by the public examiner of the State. � S The secretary sh�ll at each regular meeting of the board of trustees make a report in writing, showing the names of all persons who have � become or ceased to be members since his last report, the names of all persons to whom benefits or pensions have been paid, and the amount , paid to each, the amount of money received since his last report and the source thereof, the amount of money paid out and expended during such time and for what purpose, [he amount of money on hand, and where the same is invested or deposited, and such other information as shall show the general condition of the association.. The secretary shall turn over all moneys received by him to the treasurer wi[hin a period of ten days and shall obtain a receipt. . '� ' . ..- ,: In addition to the above regular repor[, the secretary together with the treasurer shall prepare annually a detailed report mf 6hc receipts a�d expenditu�es for the preceding year showing to whom and for what purpose the money had been paid arid expended, and, on or before September l,file such report with the clerk of the municipality and a duplicate with the State Lommissioner of Insurance. The secretary shall notify the City Clerk of all injuries suffered by a member of the Fire Department immediately after learning thereof. He shall examine all claims against the associaCion and ascertain and report to the board of trustees whether or not they are proper and correct before the allowance thereof by said board. Section 4. Treasurer's Duty. It shall be the duty of the treasurer to receive and receipt for all moneys belonging to the association, and to disburse the same only by draft signed by the president and countersigned by the secretary and the treasurer of the association; to keep a correct account in the books kept for that purpose, of all moncys received and disbursed by him; to keep a separate and distinct account of the two funds of the association and to prepare for and present to the board of trustees at each regular annual meeting thereof and at such other times as the board shall direct, a complete and detailed statement in writing of the assets of the association and the amount belonging to each of the funds, and to collect all'interests on certificates of deposit, bonds and other obligations held and owned by the association. The treasurer shall deposit within ten days after receipt thereof to the credit of the association all money received by him in such bank or banks as shall be designated by the board of trustees. •The treasurer shall be the custodian of and responsible for the safekeeping of all ba�k books, certificates of deposit, notes, bonds, securities, and other obligations for the payment of money belonging to or held in trust by the association, and shall deliver same and all moneys and all other properties in his possession belonging to the association to his successor in office or to any person or committee authorized to receive the same by the board of frustees. The treasurer shall not be responsible for the failure of such investments properly made in accordance with the provisions of these by-laws, but only for the safekeeping of the securities. ' He shall, prior to entering upon the duties of his office, give a good and sufficienC surety bond conditioned upon the faithful performance � of his duties and approved by the City Louncii, in double the amount received. The council may require at any time that an additional bond be , posted. Such bond shall be filed with the City Clerk, and shall be_ paid for by the association. -2- » The treasurer shali make out and deliver to the Secretary a receipt for all moneys received by the treasurer whether paid through the secretary or not. The treasurer shall furnish to the secretary from time to time such information as he may �equire to perform the du[ies of his otfice and perform such other duties as usually appertain to his office, and shall receive as compensation for his service such sum as shall be determined by the association. Section 5, Powers of the Board of Trustees. The board of trustees shall have exclusive control a�d management of all funds received by the association and shall constitute the governing body of said association with full power and authority to carry out the objects and purposes of the association as set out in the Articles of Incorporation and By-Laws of the association and the laws of the state of Minnesota. A quorum for the board of trustees shall be two-thirds of its membership. All applications for relief or benefits shall be presented tb the secretary for action by the board of trustees, and all applications shail be accompanied by a certificate of disability from the physician in attendance, stating the length of time that such member has been unable to perform any and every kind of duty pertaining to his usual occupation. This application shall also show that such disability or injury received at the time and in the manner provided in Section I of A�ticle V of these by-laws, if so roceived. The board of trustees upon bedng satisfied of the me�it of any claim for benefits shall endorse its approval thereon and the same shall be forth-with paid by the association. Section 6. Election of Board of Trustees. The Board of Trustees shall consist of six (6) members, elected by the membership at it's annual meeting for a two year term, Board members shall continue in office until their successor has been elected. The Board of Trustees shall also consist of the following Ex-officio members: The Mayor of the City of Fridley, the City Clerk of the City of Fridley, and the Fire Lhief ° ARTICIE II , Section 1. Funds. All money received from the association shatl be kept in two separate funds. Section 2. General Fund. The funds received by this association from dues, donations, fines, initiation fees and entertainments, shall be kept in a general fund and may be disbursed upon a majority vote of the members of the board of trustees for any purpose reasonably suited to promote the welfare of the association and its members and of the equipment and maintenance of the Fire Department. -3- , Section 3. Special Fund. All funds received by this association from the tax levied by the City Louncil and the gross premiums tax on �� fire insurance premiums and other money which may be directly donated or transferred to said fund, shall be kept in a separate account on the books of the treasu�er known as the special fund and shall be' disbursed only for the following purposes: a) For relief of sick, injured and disabled members of the Fire Department. b) For the payment of pensions to disabled firemen and the widows and orphans of such firemen. c) For the payment of pensions to retired firemen pursuant to the laws of the State. d) For the payment of the tees, dues and assessments in the Minnesota State Volunteer Firemen's Benefit Association so as to entitle the members of this association to membership and benefits of such state association. eJ For the payment of such death or funeral benefits as may be from time to time stipulated in the by-laws of the association. f) For the payment of necessary expenses of administering the fund, including secretaries and treasurers' salaries. Section 4. Investment of Funds. The association may invest its funds in income paying properties and securities. AII loans or investments from either the general fund or the special fund shall be recommended by the board of trustees and approved by three-fourths vote of all members of the association present. Section 5. Custodv of Funds on Dissolutio�. In case this Relief Association be discon[inued or the treasurer should resign or be removed from office, and for any reason the members should fail to elect a new treasurer, the district court may appoint_a trustee or trustees of said funds or may direct that the funds be paid to the treasurer of the City to be held in trust by him and paid out only in accordance with Article II, Sections 2 and 3 of these by-laws. � � ARTICLE III � Q Section 1. Pension Board. The board of trustees shall constitute —_� � the pension board, and shall act on all applications for pension. -4- . Section 2. Pensions. Ths board of trustees, when acting as the pension board, is hereby authorized to pay a service pens�on not to exceed $40.00 per month to all retired members who have reached the age of fifty years and served at least twenty years as a member of the Fire Department of the Cit:y and have been members of the Relief Association at least �ineteen years. w � Section 3. Increasinq Pension. The board of trustees'may /1 increase the mon*hly pensio� by adding to the maximum above described �� an amount not exceed3ng $2.00 for each year of active duty over twenty years, but the maximum pension shall not exceed $60.00 per month. Section 4. Lump Sum Payment. At election of applicant and with the � approval of the Board of Trustees, a lump sum payment may be made to � the applicant who otherwise qualifies for a pension in the amount of 75 units for each year of service. This payment shall be made in lieu of all other elaims hereunder. Section 5• Other Limitations. No pension shall be paid to any active meanber of the Fire Department and no recipient of such pension shall be entitled to any other relief from the association. No payment made or to be made by this association to any member on the pension roll shall be subject to judgment, garnishment, execution or other legal precess. Such payments are not assignable, and the association shall not recognize any assignment or pay over any money so assigned. ARTICLE IV Section l. Membership. Every active member of the Fridley Fire Department upon presenting a written applicatior., signed by himself, stating name, residence, position to which he belongs and name of beneficiary in case of death, date when he joined the Fire Department, and the payment of one yea�'s dues in advance, shall be entitled to a certificate of inemberyhip in the association. `-J !'�J Section 2. Dues. AIl members in good standing shail be entitled � to benefits as provided in the by-laws, and shall pay a total yearly fee�of $2.00 payable at or before the annual meeting of the association. Section 3. Failure to Pay Dues. Any member failing to pay his annual dues within fifteen days after the annual meeting shall be notified of such delinquency by the secretary, and if they are not patd within fifteen days afte� such notice, he shall thereupon cease to be a member of the association. Any member so dropped may be reinstated within sixty days thereafter by paying a fine of $2.00 in addition to the dues. -5- , � Section 4. Certificate of Membership. The certificate of inembership � shall be signed by the president and secretary of the association. SeEtio❑ 5. Penalty for Eraud. Any member who shall be charged with imposing upon this associa*..ion by feigning sickness or injury for the purpose of defrauding the same shall be given a hearing by the board of ii�i trustees, and upon recommendation by the board of trustees may be expelled � by a two-thirds vote of inembership of the association present and voting following a hearing before the membership on the board's recommendation. ARTICLE V Section 1. Sickness a�d tniury Benefits. Every member of the association in good standing who is unable to perform any and every duty pertaining to his usual occupation shall receive a minimum'of 2� units per day during such disability for a period not to exceed thirty (30) weeks. The B�ard of Trustees may increase this amount and extend the period of payment upon two-thirds vote; provided, however, that such sickness, disability or injury was received while actually engaged in the performance of his duties as a member of the City of Fridley Volunteer Fire Department. Section 2. Report Sickness or Disability. Any member becoming dlsabled or receiving an injury in the manner set forth in Section 1 � of this Article, shall have the same reported to the secretary of the board of trustees within twenty-four hours, and to the Clerk of the City within twenty-four hours. Section 3. Death Benefdts. On the death of a member of this Association, incurred while acting and performing duties as a firemah, � the beneficiary named in the Certificate shall receive a sum in the amount of 500 units. The monthly sum will be in accordance with Chapter 69.48, Sections 2a, 2b and 2c of the State Statutes. STATE STATUTES b9:48-WIDOWS AND CHILDREN, PENSIONS. Mhen a service pensioner, disability pensioner, or deferred pensioner or an active member of a relief association dies, leaving (I) A widow who was his legally married wife, residing O with him, and who was married to him while or prior to the time he was on the payroli of the fire department; and who, in case the deceased member was a service or deferred pensioner was legally married to the member at least three years before his retirement from the fire department or � , . .- (2) A chi!d or children who were living while the deceased was on the payroll of the fire depart:ment, or born within � nine months after the decedent was withdrawn from the payroll of the fire department, the widow and the child or children shall be entitled to a pension or pensions, as foliows: - a) ?o the widow, a pension of not less than 15 units, and not to exceed the sum of 18 units per month, as the� by-laws of the Association provide, for her natural � life; provided that if she shall remarry then the pension shall cease and terminate as of the date of her remarriage. b) To the child or children, if their mother be living, a pension of not to exceed 6 units per month for each Ghi1d up to the time each child �eaches the �1 age of not less than 16 years and not to exceed an �/�/ age of 18 years, in conformity with the by-laws of the Association; provided, the total pensions hereunder for the widow and children of the deceased member shall not exceed the sum of 40 units per month; c) A child or children of a deceased member receeving a pension or pensions hereunder shall, after the death of their mother, be entitied to receive a pension or pensions in such amount as the Board of Trustees of �_,1 the Association shall deem necessary to properly �� support the child or chiidren until they each the age of not less than 16 and not more than 18 years, as the by-laws of the Association may provide; but the total amount of the pension or pensions hereunder for any chil.d or children shall not exceed the sum of 40 units per month. Sectfon 4, Widows and Children's Pensions (Chapter 69:48 of State Statutes If both deceased, benefit is to be paid to t.rust in the amount of 18 units plus 6 units for each child, not to exceed 40 units per month. . Section 5• Memorials. The president and the secretary are hereby � authorized to expend not more than $10.00 for an appropriate purpose in case of death of any member of this association and not more than $5.00 in case of the death of any member of the family of any member of this Association. These disbursements shall be from the General Fund. Section 6. "UNI7" A"Unit�� defined in these By-Laws represents the � sum of $2.00. -7- � Section 7. Schedule of Loss of Member. In the Event of L.oss of: Both Hands or Both Feet Sight of Both.Eyes One Hand and One Foot One Hand and Sight of One Eye One foot and Sight of One Eye Total and Permanent Disability One Hand One Foot Sight of One Eye Ta61e of Benefits The Benefit Will Be.: The Full Amount of Insurance The Fu11 Amount of Insurance The Full Amount of Insurance The Full Amount of Insurance The Full Amount of Insurance The Full Amount of Insurance One Half the Full qmount of Insurance One Half the Full Amount of Insurance One Half the Full Amount of Insurance NOTE: The full amount of Insurance =$4,000.00 ARTICLE VI Section l. Deleaates. T'he Association shall elect one delegate to the State Convention and reimburse him for actual necessary expenses. ARTICLE VII Section I. Report.s. All reports and resolutions shall be submitted in writing and no report from a committee shall be received unless it is approved by a majority of the committee; but a minority report may always be presented. Section 2. Disbursement of Funds. All moneys of this aseociation shall be disbursed o�ly as heretofore provided except by a two-thirds vote of the association. If the condition of the treasurery does not permit the payment of all benefits in full, the available funds shall be pro-rated among the several beneftsiaries. S_ection 3. Annual Meetinq. The regular meeting of the Association shall be held before the'15th of January of each year at 7:00 o'clock P,M, Section 4. Debts Prohibited. No officer or member of this association shall contract any debt for the same unless authorized by the Board of Trustees. Section 5. Membe�ship Application. All applications for membership shall be made in writing on the proper form provided and submitted as soon as a member is accepted on the Fire Department. Section 6. Quorum. 50% of inembers in good standing shall constitute a quo�um. � , �LJ _ Section 7. Order of Business. The following order of business shall be adhered to: 1. 2. 3• 4. 5. 6. 7• 8. 9. Call to Order Roll Call Reading Minutes of Previous Meetings. Reports of Committees Election of Members Unfinished Business Election of Officers Miscellaneous and New Business Report of Treasurer Section 8. Amendinq of By-Laws. The By-Laws of this organization may be amended as follows: Each member shall receive a written copy of the proposed amendment at least thir[y (30) days prior,to any action . being taken on the proposal. After proper call, at any regular meeting or special meeting of this Association, voting on any proposed amendment shall be in order. A simple majority of the members present and voting shall be sufficient to amend the by-laws, provided however, that a quorum is present at the time the vote is taken. Amended January 7, 1965 //C Gci �� G� �/O�li . � �o