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