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02/27/1978 - 5607PETER FLEMING ADMINISTRATIVE ASSISTANT REGULAR COUNCIL MEETING FEBRUARY 28, 1978 _�.: . , .�, _ _ 1 � � � � i � 17 THE MINUTES OF THE REGULP.R t+IEETING OF.THE FRIDLEY CITY COUNCIL OF FEBRUARY 27, 1978 The Regular Meeting of the Fridley City Councii was called to order at 7:35 p.m. by Mayor Nec. PLFDGE DF ALLEGIANCE: � Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL LALL: KEMBERS PRESENT: Mayor Nee, Councilman Barne'tte,�Councilman Schneider, Councilman Hamernik and Councilman Fitzpatrick MEf�1BERS ABSENT: None APPROVAL OF MIPlUTES:� REGULAR MEE1"ING, FEBRUARY 6, 1978: � Councilman Hamernik mquested Mr. Jorgenson's name be corrected to "Mr. �. Hogenson," on page 4, fifth paragraph from the bottom and on page 5, the� �, fourth and fifth paragraphs. iMOTION by Councilman Hamernik to approve the minutes of february 6, 1978, as � amended. Secon�;ed by Councilman Fitzpatrick. Upon a voice vote, all voting i aye, Mayor Nae declared the motion carried unanirtwusly. i � i l i i � I PUBLIC HEARING t1EETING, FEBRUARY 13, 1978: MOTION by Councilman Schneider to approve the minutes of February 13, 1978, as presented. Seconded by Counciln��an Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousty. ADOPTION OF AGEN�A: MOTION by Councilman Fitzpatrick to adopt the agenda as presented. SeconGed by Councilman Hamernik. Upen a voice vote, all voting aye, Mayor Nee �� declared the motion carried unanimously. COMMENTS REGARDING SGT. ROBERT COOK: � Mayor Nee stated a6out 2:30 Saturday morning, one.of.the Fridley Police Officers, Sgt. Robert Cook, was wounded in a gunfire fight with an armed rob6er. He stated, while other police officers have been injured in the line of duty, Sgt. Cook is the first member of the Fridley Police Department to be wounded by g�nfire in the line of duty. Mayor Nee stated he was wounded because of his desire to give the robber every reasonable opportunity to surrender. As a result, he received the first fire.� hlayor Nee stated Bob was secure, in the sense of his life, and everyone prays he will have full recovery on the use of his 7egs. Mayor Nee stated a letter of canmendation was prepared to be sent to Sgt. Cook and when he is well and able to come to a meeting, the Council would want to honor him in person. F10TION by Counciiman Fitzpatrick to instruct the City Manager to serd the letter of commendation to Sgt. Robert Cook. Seconded by Councilman Namernik. Upon a voice vote, all voting aye, Mayor Mee declared the motion carried unanimously. OPEN PORUM,.VISITORS: Mr. Ed Wilmes,�6350 Riverview Terrace, appeared before the Comuil and also expressed the wishes of the Islands of Peace Foundation for a speedy recovery for Sgt. Cook. Mr. Wilmes repo�•ted that the Courage Center participated in the benefit held by � � the Anoka County Mrs. �aycee's. hle stated many persons and businesses were ! .. involved in these efforts and eacb one wi17 receive a letter of acknowledgement .I . from the Courage�Center. . L_--_. _ ____ � . _ _ __..._ _.----------- - '4R"<.. y I 19 REGULAR MEETING OF FE6RUARY 27, 1978 PARKS AND RECREATION COMP1ISSION: PA6E 3 Mayor Nee stated Ms. Jan Seeger has expressed an interest in serving another term on the Commission. Councilman Fitzpatrick nominated Ms. Jan Seeger for another term on the Parks and Recreation Cormnission. There being no further nominations, the nominations were closed by Mayor Nee. MOTION by Councilman Fitzpatrick to cast a white ballot for Ms. �an Seeger. Seconded by Councilman Schneider. Upon�a voice vote,�all voting aye, Mayor Nee declared�the�motion carried unanimously. APPEALS COP�ISSION: Mayor Nee stated Ms.�Virginia Schnabel has indicated she would be interested in serving another term and Mr. Kemper also expressed an interest in another term on the Comnission. Councilman Hamernik nominated Ms. Virginia Schnabel for another term on the ' Appeals Comnission. There being no further nominations, the naninations were closed by Mayor Nee. MOTION by Councilman Schneider to cast a white ballot for Ms. Virginia Schnabel. Seconded by Councilman Fitzpatrick. Upon a voice vote> all voting aye, 14ayor Nee declared the motion carried unanimously. � Councilman Hamernik nominated Richard Kemper for.another term on the Cortmission. There being no further nominations, the naninations were closed by Mayor Nee. MOTION by Councilman Fitzpatrick to cast a white ballot for Richard Kemper. Seconded by Councilman Schneider. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. . ENVIRONMENTAL QUALITY COMMISSION: Mayor Nee stated Ms. Lee Ann Sporr�e has indicated an interest in servin9 another term. Councilman Fi�tzpatrick nominated Ms. Sporre for another term on the Environmental Quality Commission. � There being no further nominations, the nominations were closed by �1ayor Nee. hniTION by Councilman Fitzpatrick to cast a white ballot for F1s. Lee Ann Sporre. Seconded by Councilman 6arnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. HUMNN RESOURCES COMMISSION: Mdyor Nee stated Ms. Barbara Shea indicated she was not interested in serving another term on the Canmission. Councilman Hamernik nominated Ms. Caryl Weaver. Councilman Schneider nominated Ms. Hary VanDan�. There being no further nominations, the nominations were closed by Mayor Nee. UPON A ROLL CALL VO7E, Councilman Barnette and Councilman Hamernik voted in favor of Ifs. Weaver. Mayor Nee, Councilman Fitzpatrick and Councilman Schneider vated in favor o` �4s. VanDan. Mayor Nee declared P45. VanDan appointed to the Human Resources Cortmission by a 3 to 2 vote. Councilman Hamernik nominated David Thiele for another term to the Human Resources Commission. There being no turther nominations, the nominations were closed by Mayor Nee. MOTION by Councilman Hamernik to cast a white ballot for David Thiele. Seconded by Councitman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the mo%ion carried unanimously. --- � . .. . �?£ � . � i z� � � I� REGULAR MEETIPJG OF FEBRUARY 27, 1978 PAGE 5 �Mr. Sobiech, Public Works Director, stated this is a plat which involves three parcels of property at the northwest intersection of Kimball Street and Broad Avenue: He stated the property, as it exists,�involves part of Fridley and part of Coon Rapids. Mr. Sobiech pointed out the proposed resolution is required in order to annex from Coon Rapids that part of property that is necessary for this plat. Mr. Sobiech stated, if the plat.is approved, i�t should be with the contingency that Coon Rapids concurs with the annexation. Mr. Sobiech stated it�would be a staff recommendation that appropriate�escrows be held�in order to ensure that the proper street section is improved in the future. He stated the petitioner requested a waiver of the park fee anA there was a suggestion that perhaps the fee could be waived for the lot on which a residence exists. MOTION by Counci7man Fitzpatrick to approve the fir.al plat, Subdivision P. S. H77-O8, Thompson's Riverview Heights, with the�provisions that the petitioner place in escrow that amount of money needed to improve cur6 and yutter along Broad Avenue; that the park fee he only one-half of what it normal)y v!oulA be; and that the plat be contingent upon Fridley annexing the land involved in the plat. Seconded by Councilman Schneider. � '�, Councilman Fitzpatrick stated his reason for moving a reduction of the park fee �,� is that, in this plat, they are really creating only two new building sites. i. He stated his main consideration is that it is a rather expensive p7at in view '�, of the improvements involved; however, as it relates directly to the park fee, '. , this plat is more extremely removed to park facilities the City maintains. i � �. Councilman Hamernik requested clari`ication if they are talking abaut a park fee on three lots or two lots. Mr. Sobiech stated the platting ordinance provides for a park fee of $300 per lot or a total of $900, so a strict interpratation would be for three lots. Counciiman Fitzpatrick stated his motion is for a park fee of one-half of the $900 or $450. Councilman Hamernik questioned what makes this development so much more expensive. Councilman Fitzpatrick stated in all parts of the City, at this time, the concrete curb and gutter are in and this one wasn't installed for a peculiar reason. Mr. Sobiech �tated the reason it wasn't improved 6efore was that it could�not be assessed 6ecause it was in�the City of Coon Rapids. . Councilman Schneider indicated he was concerned of reducing the park fee from .$900 to $450. He felt it would 6e consistent te reduce it to $600 for the two lots, but pointed out the park fee is to allow for development of parks and felt if they took an approach to waive the park fee in areas where there aren't any park facilities, the City might never get any parks. � � Councilman Fitzpatrick felt this is a special case, as park facicities in this � � area aren't likely to be affected by this plat, either the need for or whether � or not they are increased. He stated he would agree with Councilman Schneider's �. : j co�mneaCs, but didn't view what is happening here in the same way as is true in a �� i� new plat, as then the fee is collected for purposes of providing park facilities. MOTION by Councilman Hamernik to amend the rtrotion to charge a park fee of $600 for the�two lots that are not now constructed on. Seconded by Louncilman Schneider. Upon z voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VDICE VOTE TAKEN ON THE MAIN NOTION, all voted aye,�and Mayor Nee declared the mction carried unanimously. . MOTION by Councilman Fitzpatrick to adopt Resolution Plo. 24-1978 regarding detachment and�annexation. Seconded by Councitman Hamernik. Upor a voice vote, all voting aye, Mayor Nee dectared the motion carried unanimously. , 23 REGULAR MEETING OF FEBRUARY 27 1978 PAf,E 7 to cane before the Cpuncil to request.the variancesi however, he felt the Councib should view the variances on the merits and if they are convinced it �is in the best interests of the neighborhood, they have the authority to grant the variances. He further pointed nut-there isn't a canpelling tegal reason that they have to grant the variances. Mayor Nee asked Mr. Hedlund if he was informed that the lots were unbuild- able. Mr. Hedtund stated he was notified of the sale of the tax forfeit land. � I �� He stated the lady at the desk told him they couldn't be built on. He � i � stated if he was to say he was notified,�in a-general sort�of way he was�, I but on certain lots he was told there are things he couldn't and could do. i . He stated as far as saying that these lots aren't buildable, he pointed out �� ' � that in other cities such as Minneapolis, New Brighton, Columbia Heights � '� you can build on 40 foot lots. � � � . ' � Mdyor Nee asked Mr.� Hedlurd if any of the staff�suggested�he could build on � �� � . � a 40 foot lot in Fridley. � . . .. . .._ . . �', . . Mr. Hedlund answered in the negative. Councilman Barnette questioned if residents in this area might not rather have a house on the lot instead of weeds, dumping grounds, etc. He questioned if these lots aren't eventually built on or purchased by neighboring property owners what would become of them. Mr. Hedlund stated the�Chairman of the Appeals Co�nission� calted the people to the north of the lot and they stated they would li�ke something built on it. He stated not many people came in when the meetings were held. However, there was a petition requesting. denial of the variances. Mr. Thorson, 4775 3rd Street, stated his main concern�is tMat he is disappointed on otber homes being built�on 40 foot�lots. He stated� he � circulated the petition and feels they have enough traffic in:the�area. *Mr. Qureshi stated, prior to the zoning ordiance, homes could be built on these size parcels. �Councilman Schneider felt:the�main question is vihaf.is the hardship. Mr. Hedtund stateil he is not claiming any hardship, he 6ought the lots thinking he could build on them. He stated it seems a littie different . when one viltage states you have to have a hardship and has tougher rules than other villages. He felt the City.is unusually tough in the requirements. Mr. Herrick felt perhaps what Mr. Hed7und is asking for more than a variance is a change in the ordinance. He stated the City has adopted a 75 foot standard for lots which have been in existence for a number of years. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Comnission and deny the request for variances as there is no showing of a hardship. Seconded by Councilman Schneider.� � Mdyor Nee stated the City went through great lehgths to show when the lots were sold what they could be used for. He stateG that was the reason he asked representatives from the County at attend the meeting this evening in the event this question arose. � . Mayor Nee stated, prior to releasing these tots for sale, the whole question (� - was gone into whether there should be speciat zoning and these things were considered. He indicated he was glad there was no misunderstanding on the � City'e position. Councilman Barnette questioned what aas going to happen to the 40 foot lots. He felt they are a haiard for traffic and questioned if the Counci7 hoped neighborin9 property owners would purchase them. Mr Thorsbn stated he was at the auction and was interested in purchasing the lot, however, he stated the cost got up to E3,500. *As amended 3/20/78 . _-------------------- --- � 25 REGOLAR MEETIN6 OF FEBRUARY 27 1978 . -� � PAGE 9 ��RECEIVIN6 THE MINUTES OF THE POLICE COMMISSION MEETING OF FEBRUARY 7, 7978; :� MOTION by Councilman Schneider to receive.tne minutes of the Police Comnission � Meeting of February 7, 1978, Seconded by Councilman Hamernik. Upon a voice ' vote, all voting aye, Mayor Nee declared the motion�carried unanimously. ' �� RESOLUTION 78-1978 - IN SUPPORT OF A BILL AUTHORIZING SELF-INSURANCE: �� ,-� Mr. Brunsell, City Clerk, stated the City is working with several other com- i munities with regard to sponsoring legislation for cities to eelf-i�nsure. j He stated it looks like the Legistature is not going to adopt this legislation and an alternate bill has been prepared�that would permit specific cities to self-insure either individually or on a pool basis. He stated, in order for Fridley to be included, he felt the Council should show support for this legislation and requested the Council consider adoption of the resolution submitted. � . Councilman Hamernik questioned potential savings based on past history. Mr. Brunsell stated he is not sure they will save that much on administrative costs. He stated they would have to hire sonie administrative help as far as handl�ing claims. He pointed out some cities are now at the point where. they absolutely cannot buy insurance. He stated insurance companies are getting out of the business, as far as liability.with cities is concerned. He stated, before any comniUnent is made, Lhey would come back to Councit with more facts and figures. MOTION by Councilman Hamernik to adopt Resolution No. 18-1978. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Ree declared the motion,carried unanimously. DISCUSSION REGARDING PROVIDING INSURANCE COVERAGE BEYOND-THE STATUTORY LIMITS: Mr. Brunsell, City Clerk, stated in January, 1978, the League Magazine carried an article regarding cities' liability limits�and the question is whether it is a good policy to carry the additional insurance coverage. Mr. Herrick stated he talked with attorneys at the League and their � conclusions are the same as his and are outlined in his letter of February � 13, 1978, covering this su6ject. � . � Na action was taken on this item at this time. RECE55: Recess called by Mayor Nee at 9:50 p. m. RECONVENED: Mayor Nee reconvened the meeting at 10 p. m. All Councilmembers were present. MOTION 6y Councilman Namernik to adopt ?eso7ution Not �5-1978. Seconded 6y ' Councilman�Schneider. Upon a voice vote, all votin9 aye, k',ayor Nee �eclared the motion carried unan.imously. . � . . RECEIVING PETITION p4-1978 REQUESTING INSTALLATION OF STREET LIGHTS IN SOUTH � INNSBP,UCK AREA. � � � � MOTION.by Courtcilman Scbneider to receive Petition �4-Ta78�for installation of � � street lights im ihe SAUth Innsbruck area, Seconded�6y Councilman Barnette. Upon � a voice vote, all voting aye, kayor @ee declared the motion carried unanimousTy. Councilman Schneider staCed he has been in contact with some of the residents in the South Innsbruck area and originally when the area was built, most of the homes had gas lighting and the residents requested street lighting not be included in the development. Councilman.Schneider stated this was prior to legisiation outlawing the gas lights and the Homeowner's Association has now inquired about street lightin9 ' in the area. REGULAR MEETING-0F FEBRUARY 27 1978 ..__.__._.___ -_�.. _.__._l 27 � i PAGE 11 ; be placed on the receptacle woul�d have to be approved by Council and the agreement contains certain requirements regarding performance bonds, in the event the company didn't fulfill their part of the agreement. , Mr. Sobiech stated staff has worked with the City Attorney on this to ensure that the format and items were in proper order. He further stated a representative of Environn�ental Services, Inc. was present and ne.y wi�sh to camr�ent. j Councilman Hamernik questioned the approach taken .to this situation and the , - need for the agreement. He stated he hes some reservation and feels, with the agreement, the City is limiting the accessibility to one company, and felt'it could possibly be handled under another procedure, such as a license. �� Mr. flerrick stated he ditl not see anything that makes this exclusive to ENVIRDNMEPlTAL SERUICES. Inc. He stated the City would be allowirg this -� �company to have 40 receptab7es, and would not be limiting another company �� �� � caning in tfie City . � � Councilman Hamernik felt it might be better to handle this under a licensing arrangement. In his interpretation, he felt the City is condonirrg something and wants it made clear the City is not promoting this, and shouid not really be tied into it other than control. Mayor Nee stated he has some uneasiness whether it is any business of the City if someone wants the receptacle. He indicated though there is some ��� deviation regarding the code. . i Councilman Schneider stated he shared Councilman Hamernik's concerns, however, was in favor of the agreement. Mr. Herrick stated, from the standpoint of policy, it is�strictly up to the Ccuncit if they want this type of agreement or if they want a permit for this type of advertising, then the ordinance should.be amended. Mr. Sobiech stated the item was discussed at a conference meeting, after the company presented information to the�Planning Corranission. He stated the agreement is for discussion purposes to determi�ne how the Council wishes to.handle it. He felt the City does have codes that could be used to monitor this type of situation, without the agreement. Mr. Herrick questio�ed if anyone had any problem with the aesthetics of these receptacles. Mr. Qureshi stated there was some concern and apprehension; and, pros and cons were discussed. � � Mayor Nee felt the business itself aould make that judgment. Mr. Qureshi, City Manager, stated this would be an experimental thing, and there should be reasonable control by the City. He indicated he was a little.apprehensive about how this would be accepted. MOTION by Councilman Schneider to execute the agreement with Environmental Services, Inc. contingent upon publication�and�second reading of the ordinance amending Chapter 214, Section 214.05, A, 4. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF HOLIDAY VILLAGE NORTH PLANS FOR RELOCATION OF 6ARDEN CENTER TO�A NEW SITE 5. P. #76-03 : � Mr. Bob Merriman and Mr. Jerry Jensen, representing Holiday Village Store, appeared before the Louncil regarding retocation of Holiday's garden center. Mr. Merriman stated Noliday Vi7lage Store is undertaking extensive remodelinq inside their building, upgrading the parking lot and the relocation of the garden center is the next step in connection with special use permit ,N76-03. Mr. Sobiech, Public Works Director, stated the garden center is to-be relocated to a permanent location just East of the existing building, and this request is for approval of the change in location. � •z � i REGULAR MEETING OF FEBRUARY 27, 1978 � PAGE 13 FILE U32�WHICH 410UL __ _ : . Mr. Brunsell, City Clerk, stated this legistation, ifi adopted, woutd prohibit ,� an employee who has completed 20 years of service as a volunteer fire fighter �, and is eligi�ble for his pension at age 50 from drawing this pension untit �, age 65 or such time as`he may leave pu67ic emp7oyment. ,. Mr. Brunsell stated this ��ould have an impact on the City as far as recruiting '�, future volunteer firemen. � '�� MOTIOP! by Councilman Fitzpatrick to adopt Resolution No. 23-7978. Seconded ; by Councitman Barnette. Upon a voice vote, all voting�aye, hiayor Nee j declared the motion carried unanimousty. CLAIMS: MOTION by Councilman Fitzpatrick to authorize payment o% Claims No. 047A03 through 054995. Seconded by Councilman Hamernik. Upon�a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � LICENSES: � � MOTION by Councilman Hamernik to approve the licenses as submitted and as , on fite in the License Clerk's Office, with the exception of ihe license �, for the Billiards Center. Seconded by Councilman Fitzpatrick. Upon a , voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSE - 6ILLIARDS CENTER: �I Mr. Burmeister, the applicanti, was present re9arding his request for a license for the Billiards Center. . Councilman Hamernik stated he would propose that a restriction�be put on � the hours of operation. Mr. Bur,neister stated �his was acceptable wi�th him. ���� .. � MOTIDN by Councitman Hamernik to Grant the license to the Billiards Center with the stipulation that the h�urs uf operation be�between,8 a. m, antl 71 p. m. . on weekdays and 3.a.m. to 72 midnight on Friday and Saturdays. Seconded � by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee .. declared the motion carried unanimously. � '� ESTIMATES: �� � � MOTION 6y Councilman Schneider to approve the estimates as submitted. � Weaver, Talle & Herrick '� 316 East Main Street � Anoka, MN 55303 � For Legal Services Rendered durin9 January, 1978 '�, Smith, Juster, feikema, Chartered �. 1250 Builders Exchan9e Building Minneapolis, Mfl 55402 I For Legal Services Rendered during January, 1978 I � k . Hickok and Associates 545 Indian Mound Wayzata, MN 55391 Partial Estimate #7 - Moore Lake Evaluation 31,873.90 -. $2,770.00 $ 518J5 Seconded by Councilman fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. n i� � fY DfANAG"cR 1' 6Wr'A(;GR ��Er�o ro DEPAR;MENI f1EFDS Following are the "AC7J(iN5 PJEEDED". iri the City hianager's office by Wed PLEDGE OF ALLEGIANCE: APPROVAL OF MIPJUTES� R[GULAR P�EETING, FEBRUARY 6, 1978 Approved as amended Please have your answers back Noon, p�tarch S, 1978. Thanks. ACTION NEEDED: Correct minutes as adopte3. PUBLIC HEARING P�IEETING, FEBRUARY 13, 1978 Adopted as presented. ADOPTION OF AGE(��DA: Commendati.on for Sdt. Robe'rt Cook ACTION NEEDED: Prepare commendation. OPEN FORUf �, �CONSIDERATION Or ITEMS NOT ON AGENDA — IS MINUTES) OLD BUSINESS; CONSIDERATIOIJ OF SECOND REABING OF AN ORDINANCE AMFNDING SECTIOPJ �� 0�' THF CITY CODE WHICH AUTHORIZES THE ISSUAPdCE OF BINGO LICF:NSES TO QUALIFIED �P,GANIZATIUIVS, PRESCr'.IBING �ONDITIONS 1HEREFORE, �4ND �ROVIDIP�G PENALTIES FOR �IO�A— TIONS THERE�F; AND AMENDING CHAPTER �I, JECTION I.I�IO OF THE FRIULEY CI7Y CODE RELA7ING TO FEES� ���� e���� Qrdinance No. G71 adoPted. Publish ordinance. aNCG � Proceed with the nc�.� regulati.ons. 0 NEW BUSINESS: CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 214, SI6N ORDINANCE, SECTION ZI�I�OS, A, �{, BY ADDING SUESECTION iJ) �TRASH RECEPTACLE�ADVERTISING), � � � . , . , , , , , , , , , � � 2 Ordinance approved on first reading. ' ACTION NEEDHD: Put on next agenda for consideration of second reading. CONSIDERATION OF CITIZEN APPOINTMENTS TO CITY OF FRIDLEY �OMMISSIONS� , , , , , , , , , , , , , , , , , 3 - 3 E Appointments made h1ANAGER ( ACTION NEEDED: Notify appointees of Council action. CONSIDERATION OF APPROVAL OF FINAL PLAT SUBDIVIS:ON P�S� i���—Oc�, THOMPSON�S RIVERVIEW HEIGHTS, BY DANIEL KOCIEMBA; GENERALLY LOCATED IN TNE g3OO BLOCK, WEST OF BROAD AVENUE ON THE iJORTH SIDE OF KIMBALL STREET AND CONSIDERATION OF A RESOLUTION REGARDING DETACHMENT AND ANNEXATION� � � � , , , , , � , , , , , , , , , ;';, , �} — �{ $ Final plat approved witli stipulations. Resolution #24-1978 adopted. BLIC IVORf:S I ACTION NEEDED: Notify applicant of approvtal of £inal plat with the stipulations; collect park fee and engineering escrow. Porward copy of resolution.to Coon Rapids. WORKS !BLIC WORKS BLIC IVORKS PVEW B�$INE$$ iCONTINUED) REGEIVING THE P�1NUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY $, IQ7$, , , , , , , , , , , 1. Hart Custom Homes, Inc., S.P. 78-02; 7355 Highway #65 N.E. . . . . . . . . . Planning Commission Recommendation: Approve with stipulations Council Action Required: Consideration of recommendation , , , , 5 - 5 U U G - 5C &50-5R Approved with stipulations, with renewal to be considered in Sept. 1982. ACTION NEEDED: Inform applicant of Council action. 2. 40' Lots/Hyde Park. . . . . . . . . . 5E - 5G Planninq Comm. Recommendation: City place hold on sale of 40' lots Council Action Required: Consideration of reccmmendation NO ACTION REQUIRED 3. Appeals Commission Minutes of January 24, 1978 A. 6ordon Hedlund: 4800 3rd Street N.F.. . 5S - 5II Appeals Comm. Recommendation: Deny & 5RR - 5TT Council Action Required: Consideration of recommendation Denied ACTION NEEDED: Inform applicant of Council action, with statement of rationale for denial. B. Gordon Hedlund; 4687 Main Street N.E. . 5J� - 5PP Appeals Comm. Recommendation: Deny 5RR & 5UU Counctl Action Required: Consideration of recommendation Denied ACTION NF:EDLD: Inform applicant of Council action, :vith stateme�it of rationale for denia L � fJEW BUSINESS (CoNriNUED) RECEIVIN6 THE �'�1NUTES OF THE POLICE CDMMISSION MEETING OF FEBRUARY �, I9%8, � , , , , , , , , , , , , , 6 - 6 A Received. ' ACTION TAREN: Minutes have been filed for future reference. STATUS OF SELF INSURANCE LEGISLATION� . � � � , . , , , , % Resolution N18-1978 adopted to keep Fridley on bill for self insurance ACTION 1JEEDED: Proceed as authorized. DISCUSSIOPJ REGARDING PROVIDING INSURANCE COVERAGE BEYOND THE STATUTORY LIMITS� , � � , , , , , , , �i - $ G No action taken CONSIDERA7ION OF A RESOLUTION AUTHORIZING SIGNING AN AGREEMEIJT ESTABLISHIN6 WORKING CONDITIONS, �+IAGES AND HOURS FOR CERTAIN EMPLOYEES REPRESENTED BY Loca� Pdo. 49, AFL-CI0 (Pua�ic WORKS AND PARKS), ,,,., 9- 9 X Resolution #25-197S adopted. 'INANCE I ACTION NEEDED: Proceed with executing agreement. a . � f'�EW BUSIP�ESS iCONTINUED) RECEIVING PETITION �4-Ig�g REQUESTING INSTALLATION OF STREET LI6HTS IN SOUTH INNSBRUCK AREA� ������� 10 - l0 L Approved installation of sodium vapor lights. Restoration to be performed by owners. IC WORKS I ACTION NEEDED: �Vork with Northern States Power Company regarding the restoration proceciure and contact with the people not signing the petition. CONSIDERATION OF AN A6REEMENT WITH ENVIRONMENTAL COMMUNITY SERVICES, INC� PERTAINING TO TRASH RECEPTACLE�ADVERTISING SERVICES� . � � � � � � � . � . 11 - 11 C Approved agreement witli elimination of one sentence, contingent upon second reading of the ordinance amending Chapter 214. WORKS ACTION NEEDED: Modify agreement, and start the execution process. CONSIDERATION OF HOLIDAY VILLAGE NORTH PLANS FOR RELOCATION UF GAkDEN CENTER TO A ��EW SITE (S, P. #76-03) , , , , , , , , , , , , , , , , , , , , , , 12 - ]2 B Granted Special Use Perr�it for relocation of Garden Center with an annual review by staff. UBLIC WORKS ' ACTION NEEDED: Notify applicant of Council approval. Ensure annual review. UBLIC WORKS CONSIDERATION OF A RESOLUTION IMPOSING LOAD LIMITS ON PUBLIC STREETS AND HIGHWAYS IN THE CI?Y OF . FRIDLEY FoR 1978, , , , , , , , , , , , , , , , , , , , 13 - 13 B Resolution #19-1978 adopted. ACTION NEEDED: Publish resolution; start process for load limit permits. IC WORKS �UBLIC tVORKS ?ARKS r"INANCE PlE�! BUSINESS (CONTINUED) CONSIDERATION OF A RESOLUTION ORDERING FINAL•PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PROJECT ST� Ig%$-1 i3RD STREET FROM 58TH AVENUE TO 6OTH AVENUE), , , , , , , , , . Resolution #20-1978 adopted. 0 ACTION NEEDGD: Add Third Street to plans and specifications. CONSIDERATION OF A RE50LUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS; STR�ET IMPROVEMENT PROJECT ST, 1978-1, STREET IMPROVEMENT PROJECT ST, 1978-2 (MSAS) AND STREET IMPROVEMENT PROJECT ST..1978-4 (CSAH), . . � . � � � Resolution #21-1975 adoyted. ACTION NEEDED: Publish invitation to bid. , . 14 , , 15 - 15 C CONSIDERATION OF A RESOLUTION TO ADVERTISE FOR BIDS FOR TENNIS COURT CONSTRUCTION, OVERLAY AND COLOR COATING, , , , , , , , , , , , , , , , , , , , , , , , , 16 - 16 A Resolution #22-1978 adopted. ACTION NEEDED: Ensure publication of invitation to bid is published. REPORT ON SENATE FILE 1�3Z, RELATIN6 TO PUBLIC PENSION AND PUBLIC EMPLOYMENT� � , � . , , , , , , , , , 17 - 17 A Resolution k23-1978 adopted opposing S.F. 1732. ACTION NGEDF:D: Inform Le�;islators of Council's desires in regard to S.F. 1752. � R EETING, FEBRUARY PdEW BU$IPJES$ (CONTINUED) �LAIMS� � � � � � � � , � � � � � ,. . � � � � � � � � � I8 Approved payment ACTION NGEDED: Pay claims. LICENSES, , , , , , , , , , , , , , , , , , , , , , , , 19 — 19 Approved ACTION NEEDED: Issue licenses. � ESTIMATES. � . � � � � � . � � . � � � � � � � � . � , , ZO - ZO C � • ` Approved � � �TNANCE ACTION NEEDED: Pay estimates STATUS REPORT RE6ARDING SENIOR CITIZEN BUILDING AND FAMILY HOUSING ON PROPERTY EAST OF CITY HALL� ���� ZI ' Approved amendment to agreement with Canadian Financial Corp, ;ITY MANAGER ACTION NEEDED: Amendment to agreement to be prepared and executed. Notify Canadian Financial Corp. of Council action. ADJOURPJ: 11:45 p.m. FRIDLEY CITY COUNCIL MEETING PLEASE �IGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: FEBRUARY 27; 1978 NAME ADDRESS ITEM NUMBER ---------------------- ---- - ---_______________________-__=_--- ------------- -__�_--------- ---__=_� 5 � � W��l �a�n '�rc� • 5? Z 6�7 L Ati�, , `,,�„� ��� � sZ � � J�, � � /s� l ��z�� /zd /� �4w� c. v / 70 0 FRIDLEY CITY COUNCIL REGULAR MEETIPdG — FEBRUARY 27, 1978 — 7;30 P, M, PLEDGE OF ALLEGIANCE: APPROVAL QF M I fVUTES ; REGULAR �`�EETING, FEBRUARY 6, 1978 PUBLIC NEP,RING �EETING, FEBRUARY�13, 1978 ADOPTION OF AGEi��DA: OPEN FORU��, VISITORS: �CONSIDERATTON OF ITEMS NOT ON AGENDA - 15 P�IfNUTES) OLD BUSINESS: �ONSIDERATION OF $ECOND READItrG OF AN ORDINANCE AMENDIN6 $ECTION Z9 OF THE CITY CODE WHICH AUTHORIZES THE ISSUP,NCE OF �IN60 �ICENSES TO QUALIFIED QR6ANIZRTIONS, NRESCRIBING CONDITIONS THERE�ORE, AND PROVIDIN6 PENAI.TIES FOR VIOLA- TIONS THEREOF; AND AMENDING CHAPTER 11, SECTION II�IO OF THE FRIDLEY CITY CODE RELATING TO FEES, ,,,��.��. 1 NEW BUSINESS: CONSIDERATION �F FIRST READING OF F�(J ORDINANCE AMENDIN6 CHAPTER Z1�, $IGN �RDINANC"e, $ECTION Z14�OS, A, �, BY ADDING SUBSECTION iJ) �TRASH RECEPTACLEIADVERTISING)� � � � , � � , , , , , , , , , , , 2 0 CONSIDERATION OF CITIZEN APPOINTMENTS TO CITY OF FRIDLEY �OMMISSIONS, , , , , , , , , , , , , , , , , , 3 - 3 E CONSIDERATION OF RPPROVAL OF FINAL PLAT SUBDIVISION P�$, #77-08, THOMPSOh�S RIVERVIEW fiEI6HTS, BY DANIEL KOCIEMBA; GENERALLY LOCATED IN THE 8300 BLOCK, WEST OF BROAD AVENUE ON THE i�ORiH SIDE OF KIMBALL STREET AND CONSIDERATION OF A RESOLUTION REGARDING DETACHMENT AND ANNEXATION � � � , � � � � . � � � � � � � � , � �', � � 11 - 4 $ faEW BUSINESS (CoriTrNU�D) N RECEIVIN6 THE P�1NUTES OF THE PLANNING COMMISSI�N MEETING OF FEBRUARY 8, I9%8, � � � , , ; , , , , , , , , 5 — 5 UU 1. Hart Custom Homes, Inc., S.P. 78-02; 7355 Highway �_ 5C #65 N.E . . . . . . . . . . . . . . . . . . . . . . . . Planning Commission Recommendation: Approve with & 50 - 5R stipulations � Council Action Required: Consideration of recommendation • 0 2. 40' Lots/Hyde Park. . . . . . . . . . . . . . . . , 5E - 5G Planning Comm. Recommendation: City place ho7d on sale of 40' lots Council Action Required: Consideration of recommendation 3. Appeals Commission Minutes of January 24, 19Z8 A. Gordon Hedlund: 48D0 3rd Street N.E.. ........ 5S - 5 II Appeals Comn. Recommendation: Deny & 5RR - 5TT Council Action Required: Consideration of recommendation B. Gordon Hedlund; 468; Main Street N.E. ......., 5JJ - 5PP A�peals Comm. Recommendation: Deny 5RR & 5UU Council Action Required: Consideration of recommendation 1NG CaEW BUSINE$$ �CONTINUED) RECEIVING THE MINUTES OF THE POLICE: COMMISSION MEETING QF FEBRUARY �, 19]$, , , , , , , , , , , , , , ; 6 - 6 A STATUS OF SELF INSURANCE LEGISLATION� , , , , , , , , , , ] DISCU&SION REGARDING PROVIDING INSURANCE COVERAGE BEYOND THE STATUTORY LIMITS, , , , , , , , , , � 8 _ 8 � a CONSIDERATION OF A RESOLUTION AUTHORIZING SIGNING AN AGREEMENT ESTABLISHING WORKING CONDITIONS, WAG�S AND NOURS FOR CERTAIN EMPLOYEES REPRESENTED BY Loca� No, 49, AFL-CIO (Pua�tc WORKS AND PARKS), ..,,, 9- g X �'JEW BUSIP�ESS iCONTINUED) :RECEIVING PETITION ��-I9J$ REQUESTING INSTALLATION OF STREET LIGHTS IN SOUTH INNSBRUCK AREA� ,.,,,,, jQ - jO L CONSIDERATION OF AN AGREEMENT WITH ENVIRONMENTAL COMMUNITY SERVICES, INC� PERTAINING TO TRASH RECEPTACLE/ADVERTISING $ERVICES. � , , , , , , , , , , 11 - 11 C CONSIDERATION OF HOLIDAY VILLA6E NORTH PLANS FOR RELOCATION OF GARDEN CEVTER TO A WEW SITE (S,P, #76-03), , , , , , , , . � , , , . , , . , , , , , 12 - 12 B CONSIDERATION OF A RESOLUTION IMPOSIN6 LOAD LIMITS ON PUBLIC $TREETS AND HIGHWAYS IN THE CITY OF "' FRIDLEY FOR IJ]$, , , , , , , , , , , , , , , , , , , , 13 - 13 B P1EW BUSINESS (CONTINUED> CONSIDERATION OF A RESOLUTION ORD[RING FI�rAL•PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PROJECT ST, 1978-1 (3RD STREET FROM SBTH AVENUE TO 6OTH AVENUE), . , , , , , , , , , , 14 0 CONSIDERATION OF A RESOLUTION ORDERIN6 IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVER'iISEMENT �OR BIDS: STREET IMPROVEMENT PROJECT ST, 1978-1, STREET IMPROVEMENT PROJECT ST, 1978-2 (MSAS) AND STREET IMPRDVEMENT PROJECT ST,.1978-4 (CSAH>, , , , , , , , , , 15 - 15 C CONSIDERATION OF A RESOLUTION TO ADVERTISE FOR �?DS FOR TENNIS COURT CONSTRUCTION, OVERLAY AND COLOR �OATING, � � � � � � � . � � � � . � , � . � � � � � � , 1G - 16 A REPORT ON SENATE FILE 1�3Z, RELATING TO PUBLIC PENSION AND PUBLIC EMPLOYMENT� , , , , , , , , , , , , , 17 - ll A TNE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 6, 1978 � m THE MINUTES OF THE REGULAR MEETING OF THB FRIDLEY CITY COUNCIL OF FEBRUARY 6, 1978 The Regular Meeting of the Fridley City Council was called to order at 7:34 p.m. by Mayor Nee. � PLE�GE OF ALLEGIANCE: �. Mayor Nee led the Council and audience ir, the Pledge of kllegiance to the flag. ROLL CALL: MEMBERS PRESENT: Councilman Fitzpatrick, Councitman Hamernik, Mayor Nee, Councilman Schneider and Council- � man Barnette MEMBERS ABSENT: Nor!e PRESENTATION OF AWARD - EDWARD DUNN: Mr. Uunn was not present to receive the certificate of appreci- ation for his services as a member of the Cable Television Com- mission. Mayor Nee requested the staff to forward this certif- icate to Mr. Dunn with the Council's appreciation. APPROVAL OF MItVUTES: PUBLIC HEARING MEETIN6, JANUARY 16, 1978: MOTION by Councilman Hamernik to approve the minu*_es of danuary 16, 1978 as presented. Seconded by Councilman Rarnette. Upon a voice vote, all voting aye, 14ayor Nee declared the motion carried unanimously. REGULAR COUNCIL MEETING, JANUARY 23, 197E: MOTION by Councilman Schneider fo approve the minutes of January 23, 1978 as presented. Seconded by Counci7man Hamernik. Upon a voice vote, all voting aye, Mayor Nee deciared the motion carricd unanimously. ADOPTION OF AGEN�A: Mayor Nee requested two items be added: (1) Appointment of a Naturalist and (2) Consideration of Licenses for the Canterbury Pub. MOTION by Councilman Hamernik to adopt the agenda as amended�. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: Mr. Ed Wilmes appeared before the Council and advised them that the Anoka County Mrs. Jaycee's Benefit will be held on February 25, 1978 at the Anoka Ramsey Community College in Coon Rapids. He stated the tickets will be selling for 510 each, with the proceeds from this benefit goiny to the Islands of Peace Found- ation. �'. Mr. Wilmes also stated there wi11 be an announcement shortly re- �, garding the sale of firewood which the Council authorized the . Islands of Peace Foundation to seil. He stated that some of � .the_wood has been given to elderly and handicapped persons. i Mayor Nee thanked him for submitting this i�nformation to the Councit. � --i 3 I _. REGULAR MEETLNG OF PEBRUARY 6, 1978 PAGE 3 vote, all voting aye, Mayor Itlee declared the motion carried un- animously. NEW BUSINESS: Mayor Nee stated this ordinance- would require bingo operators tc dorate a minimum of S% of their gross receipts to lawful purposes� as set farth in Minnesota Statutes, Chapter 349.12, Subdivision 6 and would change the annual license fee to $250 per year and provide for,a special four day license at a cost of $25. MOTION by Councilman Hamernik to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Barnette. Mr. Herrick, City Attorney, felt the minutes should show that the B% is the minimum contribution and by contributing this amount, it�doesn't mean the bingo operators can-use any surplus mon.ies as they choose as they are still governed by ordinances and State Statutes. Mr. Herrick felt this should be understood by�the organizations present, and the Council�, so that there isn't any dispute in the.future as to what are their requirements. �� UPON A VOICE VOTE TAKEN ON THE ABOYE.MOTION, all vot�ad aye, and Mayor Nee declared the motion carried unanimously. Mr. Sobiech, Public Works Director, stated the purpose cf the ordinance and the intent of the code is to review all mainten- ance of various residential structures in the City, particularly those on a rental basis. He stated the code allows for inspection by City personnel of� mechanical and physical facilities of res- identiat dwellings in the City. He stated, if complaints are received from citizens, the City will respond and review the property. He explained the City has the right to process a compliance order where�items are not in comptiance with the code. He feit confident the ordinance will allow the City to upgrade residentiat faci7ities, particularly those that might have maintenance problems. Mayor Nee questioned the written enforcement policy. Mr. Sobiech stated this would be available at the second readin9 of the or- dinance. Mr. Alex Barna, 560 Nugo Street, asked how a landlord would determine if his property meets the code. Mr. Sobiech stated, with the enforcement program, eventually the City wi11 be visiting all rental properties. He indicated they would provide notices, through the City.newsletter and local paper, that the City does have this maintena�nce code. Councilman Schneider questioned the word "or" on Page 4f, Item 7, Line 2 and felt this should be changed to�"and". MOTION by Councilman Schneider to waive the reading and approve the owdinance upon first reading. Seconded by Councilman Barnette. � i Upon a voice vote, alt votin9 aye, Mayor Nee declared the motion . � carried unanimously. `-- — - ---- , __ _ __ __. . ..._ __ . _, --- - —= . --- --- _ -- . ,� 1 � REGULAR MEETING OF FEBRUARY 6, 1978 5 PAGE 5 Mr. Feilmeier.exptained they plan to spend approxima*_ely $250,OOD for construction of the store and felt it would be something the residents and community would be proud of. He pointed out all the residents to the east of this site now have to cross University for their daily g.rocery needs and with construction of their store, they would 6e in walking distance. Councilman Hamernik questioned what Superamerica representatives would consider reasonable operating hours. Mr. Feilmeier stated b a.m. to 12 midriight would be acceptable with a shorter day on Sunday from 7 a.m. to 11 p.m. He felt they are flexible and the hours of operation could be worked.out. Councilman Hamernik questioned what advertising signs they would have. Mr. Feilmeier stated they would adhere to the requirements of the City for outdoor signs, and as far as inside signs, they wouldn't piaster their windows with anyone else's signs and what signs they had would be minimal and in good taste. Mr. Jorgenson presented some photos of their other stores and � stated,-basically, tt�is store would 6e the same as far as sign- ing. Councilman Fi±zpatrick questioned the number of parking spaces required. Mr. Jorgenson stated 15 off-str?et parking spaces are required and there are six parking spaces at the islands so it would take care of a good share of the parking requirements since a lot of busiriess is done while vehicles are parked re- ceiving service. � Councilman Barnette�ouestioned, if the hours of operation were cut 4ack, i° the persons who signed the petition against the special use permit would be more acceptable to this business. Mr�. Carl Paulson stated there are other factors involved, but felt a 10 p,m�. closing woutd te beneficiai to the� adjacent residents. Mr. Gortlon Jorgenson stated Ye was speaking for persons who live in the apartment 6uilding which is immediately adjacent to the east of this�s�ite. Ne stated he.talked with a11 the tenants of his building reyarding Superamerica's plan, and they would prefer not to have the store at all. How2ver, if the hours of operation were cut, obviously, it would be better than an all- night operation. Councilman Barnette asked if there was a significant difference in the noise and traffic since the gas station, which was pre- Yiousty located on this site, had ciosed. t+lrs. Mathisen stated �there has been a great deal of difference since the�gas station closed and further pointed out that this station had not operated on long hours. She�felt the set-up at this site i�s not feasible for the type of operation proposed by Superamerica. . Mr. Feilmeier stated the Phillips 66 gas station which had oper- ated on thi�s site had some old equipment which generated noise. He explained the equipment they wi17 be using is electronic and no noise is invo7ved. He stated any noise would come from vehicles starting. Mr. FeiTmeier stated he did sympathiae with Mrs. Mathisen's situation and they would do anything to keep their traffic out of her driveway. � j- � Councilman Hamernik explained the zoning .is correct for the type of operation proposed by Superamerica, however, the City requires • i a special use permit, when a qas station is involved. He stated , the Council is in the position of ha.vin9 a request for a special ��, �use permit, and a petition from area residents and property ; owners, that they are not in agreement with this request. He � �sta�ted, however, i:.is up to the Council to substantiate valid reasons to deny the special use permit. i I 7 REGULAR MEETING OF FEBRUARY 6, 1978 PAGE 7 properties; (5) signing is to be provided on adjoining property driveways, as recommended by staff; and (G) Landscaping, screen- ing and maintenance to be approved 6y staff to insure a well- maintained faci,lity. Seconded by Councilman Schneider. Councilman Hamernik questioned if there would be outside storage on the property. Mr. Feilmeier stated there would be storage across the front of the building for a distance of 4 feet and these items woutd be 6rought into the store at closing. Councilman Fitzpatrick stated he has a problem with the parking and didn't feel they were providing the 15 parking spaces. Mr. Sobiech stated they have 8 additional spaces, besides the parking in front of the service pumps. Mr. Qureshi, City �danager, stated service stations where they haye repair service requires more parking than an operation of this nature. Mr. Paulson stated he felt the Council should deny the special use permit and let the courts settle it. Councitman Schneider asked Mr. Paulson what he fett should go � on this commercial property. Mr. Paulson stated there were ' several types of businesses such as a doctor's or dentist's office or a law office. '�. Mayor Nee stated that each one of the Council members would prefer to do what the voters want them to do and the petition is very convincing,� but he pointed out to Mr. Pauison that he thought he would also want them to obey ttie law. He stated each Councit member has to make a decision on whether, in iheir own mind, they feel a case has 6een made for denial. Councilman Hamernik stated he finds it difficult in his own mind, when you have a free enterprise, to say that someone cannot go into business in the community when they meet the zoning re- quirements for this property. Mr. Paulson felt the burden should be on the courts in this case and leave the Council out of it. He stated the .zoning ordinance dealing with this is�narrow> obsotete and ancient. He felt some changes should be made first to readjust the�zoning ardinance so the people would be protected. UPON A VOILE YOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. COMMUNITY �EVELOPMENT COMMISSION MINl1TES OF JANUARY 10 .�1978: DISCONTINUE BIKEWAY/WALKWAY PROJECT COMMITTEE• MOTION 6y Councilman Fitzpatrick to concur with the recommendation of the Planning Commission to discontinue the Bi�keway/Walkway Project Committee and send a thank you to the members. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor �-. Nee declared the motion carried unanimously. . . � MOTION by Councilman Schneider to receive the minutes of the Plan- � ning Commission Meeting of danuary 25, 1978, Seconded by Council- man Barnette. Upon a voice Vote, ait voting aye, Mayor Nee de- � clared the motion carried unanimously. CONSIDERATION OF ACCEPTANCE OF UTILiTIES IN WEST BAVARIAN PASS NS RUCK IL 6 S P T• � I Mr. Sobiech, Public Works Director, stated utilities were installed � � r , � I i I � , I i: (:9 REGULAR MEETING OF FEBRUARY 6, 1978 PAGE 9 Seconded by Councilman Hamernik. Upon a vuice voLe, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVI.NG PETITION N0. 3-1978 REQUESTING CONSTRUCTION OF SI�EWALKS ELIMINARY PLANS. SPECIFICATIONS RELIMINARY REPORT AN� CALLING Mr. Sobiech, Public Works Director, stated a petitiort was received from School District No. 14 for sidewalks on the east side of 7th Street from 61st Avenue to 63rd Avenue. Nr. Sobiech stated the Schoot District felt, with the closing of Parkview School, a majority of elementary students would be walking to Hayes School. Councilman Barnette stated he discussed this item with Mr. Hedren of the School District and they felt the sidewalk would benefit the City, however, they were open to negotiations. Nr. Sobiech felt perhaps the City should contact the School District prior to the preliminary assessment rolls. MOTION by Councilman Schneider to receive petition No. 3-1978 from School District No. 14. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION�6y Councilman Schneider to adopt Resolation No. 16-1978� ordering the preliminary plans, specifications, etc. Seconded by Louncilman Hamernik. Upon a voice vote, atl voting aye, Mayor Nee declared�the motion carried unanimously. MDTION by Councilman Schneider to adopt Resolution No. 17-1978 receiving the preiiminary report and calling a public hezring, etc. Seconded by Councilmar. Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPROYAL OF TRAILER LICENSE APPLICATION FOR ISLANOS OF PEACE: Mr. Sobiech, Public Works Director, explained this is a request for a trai7er license application to locate a trailer on Chases' Island for use in connection with spring construction. Mr. Sobiech stated the trailer would be used until September. 1978 and a waiver of the license fee is requested. Mr. Alex Barna, 560 Hugo Street, stated the trailer would not be occupied on a continuous basis, but only at certain times of the day and week, especially during high periods of vandalism. He stated the trailer will not be used as a residence, but for use ,` when they feel someone should be on duty to guard the property during construction. MUTION by Councilman Fitzpatrick to approve a temporary trailer license for the Islands of Peace Foundation until September, 1978 and waive the fee. Seconded by Councitman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPOINTMENT: UTII.ITY BILLING CLERIF-$686/MONTH• EfFECTIVE 2/20/78: MOTION by Councilman Hamernik to concur with the appointment of Elaine Tibbetts, Utility Billing Clerk. Seconded by Councilman Barnette. 5/ '' i, � --r- ]I --� REGULAR MEETING OF FEBRUARY 6, 1978 PAGE 11 Councilman Fitzpatrick. Upon a voice vote, all voting aye; Mayor Nee declared the motion carried unanimously and the Reyular Meeting of the Fridley City Council of February 6, 1978 adjourned at 10:33 p.m. Respectfully submitted, Carole Haddad Nilliam J. Nee Secretary to the City Council Mayor Approved: I ' 1... . _ __. _. .... . . N P THE MINUTES OF THE PUBLIC HLARING MEETIN� OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 13, 1978 12 THE PUBLIC HEARING MEETIf�G OF THE FRIDLEY CITY COUNCIL OF fEBRUARY 13, i978 The Public Hearing Meeting of the Fridley City Council was called to order at 7:30 p.m. Ly Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flaq. ROLL CALL: MEMBERS PRESENT: Councilman Fitzpatrick. Councitman Hamernik, Mayor Nee> Councilman Schneider and Council- man Barnette MEMBERS ABSENT: None ADOPTION OF AGENOA: MOTION by Councilman Schneider to adopt the agenda as presented Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARI.NGS: MOTION by Councilman Schneider to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Council- man Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 7:31 p.m. Mr. Sobiech, Public Works Director, stated this is a request for approval of a final plat which involves three lots in the general location of the intersection of Kimball and Broad Streets. He stated the Planning Commission has recommended approval of the ptat. Mr. Sobiech pointed out the plat involves properties both in the City of Fridtey and the City of Coon Rapids. Lots 17 and 24 of Auditor's Subdivision No. 103 are in Coon Rapids and Lots 1, 2 and 3 are in Block 0, Riverview He9ghts, in the City of Fridley. He stated, in order to complete the plat, appropriate annexation procedures would be necessary. He explained this could be done by adoption of the appropriate resolutions 6y the cities of Fridley and Coon Rapids. Mr. Sobiech stated the plat would consist of three single �� family properties and the individual lots do meet the minimum requirements of the platting ordi.nance. Mr. Sobiech stated, in talking with the City staff of Coon Rapids, they indicated no opposition to the annexation. He stated the City does have a request by the petitioner regard- ing the annexation and indicated that on final consideration, all of Lots 17 and 24 would be included in the annexation. Councilman Fitzpatrick felt it was a question of what comes first, the platting or annexation. ,� � Mr. Sobtech stated, if the Council so desires, the plat could � ---- •Fr^ ; �_ i� PUBLIC HEARING MEETING OF FEBRUARY 13, 1978 Page 3 Public Hearing closed at 7:48 p.m. NEW BUSINESS: CONSIDERATION OF A REQUEST FOR YARIANCES TO ALLOW CONSTRUCTION OF A 7 11 STORE AT 7899 EAST RIVER ROAD R.C.E. CORPORATION: Mr. Sobiech, Pu61ic Works Director, stated the Board of Appeals did not send a recommendation to Council as it was a tie vote on the motion. He stated, with the rezoning, what previously aas a request for seven variances is now reduced to two; that is, variance from the side yard setback and variance from the rear yard setback. MOTION by Councitman Fitzpatrick to grant the variances to reduce the side yard setback from 15 to 10 feet and the rear yard setback from 25 feet to 20 feet with the stipulations as noted on Page 2D of the agenda book. Seconded by Councilman Schneider. Mr. Ernst, the petitioner, stated he reviewed the stipulations as shown on Page 2D and stated Item 12 is no longer pertinent since the property has been rezoned. He stated he is in agree- ment with the other stipulations, with the exception of possibly Item 4 pertaining to the entire building 6eing brick construction. He requested they be allowed to use breakoff block on the back of the building since this would result in a saving of about 56,000 and would like to spend this money for landscaping and berming. Councilman Fitzpatrick stated he was not too sympathic with this request since this requirement has been in the stipulations about a year and a half and felt the preference to spend this money on landscaping and berming could have been brought out at an earlier time. There being no motion to amend the main motion, Nee called for a vote on the motion. . UPON A 40ICE YOTE, all voted aye, and Mayor nee declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF PRELIMINAR'f PLANS FOR EXPAN510N F MUNICIPAL GARAGE: � Hr. Sobiech, Public Works Uirector, stated, in the preliminary plans for expansion of the Municipal Garage, the two-story con- cept was eliminated because it would have been necessary to in- stalt an elevator to meet handicap requirements.. The preliminary drawing does provide a layout to allow centralization of the Public Works Operatians and satisfy requirements for the rest- rooms. In addition, the revised lunchroom and locker room situ- ation would allow for both the Parks and Public Works personnel to operate out of the same area. Mr. Sobiech stated the pre- liminary plans have 6een reviewed with the personnel involved and the next phase would be to proceed with construction plans, upon Council approval of the preliminary plans. Councilman Hamernik asked if the costs would change and if they I still would be within the budgeted amount. Mr. Sobiech stated � they are still retaining the same square footage and felt the costs were within the amount budgeted. MOTION by Councilman Barnette to approve the preliminary p7ans I for expansion of the Municipal 6arage. �Seconded by Councilman � Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ; � I 4 / Zb PUBLIC HEARING MEETING OF FEBRUARY 13, 1978 page 5 Mr. Qureshi, City Manager> felt it was the Council`s decision if they want to get into the political area. He stated there are two major parties, but also other pariies that would request the same rights. He stated the administration chose not to get into this area, but it is up to Council to make the decision. Mrs. Modig stated their main purpose for using cable television would be to announce the time and place of their meetings. She --� stated their organization would be happy to submit guidelines � and limitatians they are willing to set on Lheir organization regarding announcements. Councilman Barnette fe7t cable television should be used as much as possible, however, he stated he could see the City Manager's point of view in getting involved in some areas. Mayor Nee felt perhaps this issue could be reviewed et a con- ference meeting of the Council and the City Manager could pre- pare information regarding guidelines. ADJOURNMENT: MOTION by Councilman Barnette to adjourn the�meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing Meeting of the Fridley City Council of February 13, 1978 adjourned at 8:25 p.m. Respectfully submitted, Carole Haddad William J. Nee � Secretary to the City Counci'. Mayor I APProved: ', __ i ; i ORDINANCE hJO. AN ORDINAMCE AME�JDIP�G SECTIOIJ 29 OF THE CITY COD[ WHICH AU'fHORIZES THE ISSUANCE OF 6IP�G0 LICENSES TO QUALIFIED ORGANIZATIOMS, PRESCRIDING CONDITIONS THEfZEFORE, AND PROVIDING PEP�ALTICS FOP, VIOLFlTIONS Tf'EREOF; APJD AMEfdDI�G CHAPTER 11, SECTION I1.10 OF THE FRID:.EY CITY COCE RELATING TO FEES THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: SECTION 29.01 Authorization to Issue Licenses The City is hereby authorized to issue bingo operators licenses pursuant to Minnesota Statutes Annotated, Chapter 349. Licenses may be issued tu organizations as defined by Minnesota law in said chapter. SECTION 29.07 Donations Bingo operators shall be required to donate a minimum of eight percent of their gross receipts to lataful purposes as set forth in P1innesota Statutes Chapter 11 of the Fridley Code is hereby amended to read as follows: SECTION 11.10 Fees Add netia subject of "6ingo Operators License." The annual license fee for ' a bingo operators license shall be 250 per year. A special four day license may be issued at a cost of �25. This special four day license fee may be waived by Council action for church or other charitable organizations. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY , 1978. ATTEST: CITY CLERK - P1ARVIN C. BRUNSELL First Reading: Fe ruarv 6. 1978 Second Reading: Publish........ MAYOR - WILLIAt4 J. NEE 1 ORDINANCE N0. AN ORDINANCE AMENDIIdG CHAPTER 214, SIGNS; SECTION 214.05, A, 4, BY ADDING SUBSECTION (j) The City Council of the City of Fridley does ordain as follows: Section 214.05, A, 4 is hereb� amended by adding the following: j) Advertising signs on litter receptscles having an area of four (4) square feet or less per side and limited to sixteen (16) square feet per receptacle except that in all cases approval of design and location of receptacle is required by the City Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1978. Mayor - William u. Nee ATTEST: City Clerk - Marvin C. Brunsell First Reading: Second Reading: Publish........ 2 � ClTY �F FF�IDLE'1( 843t UN6VERSITY AYENUE N.E.; FRIDLEY, MINNESOTA 55432 � - � TELEPHONE (6t2)571•3450 fe6ruary 16, 1978 MEMORANDUM T0: FRIDLEY CITY COUNCIL FROM: BILL NEE RE: CITIZEN APPOINTMENTS Two of the citizens commissions listed by the administration for new appointments are "statutory" (organized under state law) instead of being creations of the City Council under Charter authority. These two bodies are: 1. The Fridley Housing and Redevelopment Authority 2. The Fridley Palice Civil Service Cotmnission In both cases, state law provides that these appointments are made by the Mayor with the approval of the City Council. My appointments to these two bodies are: Housing and Redevelopment Commissioner - Reverend Arnold StoRe 6950 Hickory Crive Police Commissioner - Elizabeth Kahnk 209 Rice Creek Blvd. I respectfully request your concurrence in these two appointments. WJN/ms CC: Arnold Stone Elizabeth Kahnk COMMISSION TERMS THAT WILL EXPIRE APRIL 1, 197II EOR CITY COUNCIL INFORMATION 3 A TERM APPOINTEE PRESENT MEMBERS EXPIRES APPOINTEE TERM EXPIRES PLANNING COMMISSION (Ordinance N�. 606)(6 Members) ral Richard Harris 4-1-79 rman 6200 Riverview Terrace N.E. (H.560-2491) irman Herman Bergman munity 5503 Regis Trail N.E. elopment (H.571-3683) irman Robert Peterson ks & 480 Rice Creek Blvd. reation (H.571-662g) �Chairman James Langenfeld Env. Qual. 79 63Z Way N.E. Commissian (H.560-1969) � :� 4-1-79 4-1-79 Chairman Barbara Shea 4-1-78 Human 1456 Windemere Drive M.E. Resources (H.571-2977)(6.571-9601x251) Chairman ' Virginia Schnabei 4-7-78 Appeals 1527 Windemere Circle N.E. Commission (H.571-3318) (Chairman will be chosen b Human Resources Commission � �Chairman wi�l be chusen by Appeals Commission 4-1-81 4-1-81 COMMUNITY DEVEI.OPMENT COMMISSION (Ordinance No. 6�6)(3 Year Term - 5 Members) Herman Bergman 5503 Regis Traii N.E. (H.571-3683) Hubert Lindblad 6021 Woody Lane N.E. (N.574-9574) Alfred Gabel 5947 2; Street Y.E. (H.571-1288)(B.529-u800} LeRoy Oquist lOtl Hackman Circle N.E. (H.571-0415)(6.482-2079) 4-1-80 4-1-79 4-1-78 4-1-78 Connie Modig 4-1-80 1330 Hillcrest Drive (H.571-0550)(6.238-3789) 4-1-87 4-1-81 EXPIRING COMMISSION POSITIONS PAGEc3B APPOINTEE TERM TERM PRESENT MEMBERS EXPIRES APPOINTEE EXPIRES PARKS AND RECREATION COMMISSION (Ordinance No. 606)(3 Year Term - 5 Members) Robert Peterson 4-1-79 480 Rice Creek Blvd. N.E. (H.571-6628) Betty Mech 1315 66th Avenue N.E. (H.574-1197) Leonard A. Moore, Jr. 8301 Riverview Terrace N.E. (H.784-7762) Jan Seeger 324 Ironton Street N.E. (H.784-7441) Robin Suhrbier 5564 East Danube Road N.E. (H.574-0939) 4-1-80 4-1-79 4-1-78 4-1-80 APPEALS COMMISSION (Ordinance No. 606i(3 Year Term - 5 Members) Virginia Schnabel 4-1-78 1527 Windemere Circle N.E. (H.571-3318) Patricia Gabel 4-1-79 5947 2� Street N.E. (H.571-1288) Richard Kemper 7857 Alden Way N.E. (H.571-5599) James Plemel 6864 Channel Road N.E. (N.571-0026)(6.421-4760x126) Alex P. Barna 560 Hugo Street N.E. (H.784-5468) 4-1-78 ; :� 4-1-79 4-1-81 4-1-81 4-1-81 EXPIRING COMMISSION P05ITIONS 3C PAGE s • APPOINTEE TERM TERM PRESENT MEMBERS EXPIRES APPOINTEE EXPIRES ENVIRONMENTAL QUALITY COMMISSION (Ordinance No. 606)(3 Year Term - 5 Members) James Langenfeld 74 632 Way N.E. {H.560-1969) Qruce Peterson 7503 Tempo Terrace N.E. (H.786-9898)(6.853-5041) David Sabistina 5800 22 Street N.E., �2 (H.571-9296)(6.571-1000x307) Lee Ann Sporre 296 Ironton Street f�.E. (H.786-4237) Connie Metcalf 860 West Moore Lake Drive (H.571-3596) 4-1-79 4-1-80 4-1-79 4-1-78 4-1-80 HUMAN RESOURCES COMMISSION (Ordinance No. G06)(3 Year Term - 5 Members) Barbara Shea 4-1-78 1456 Winderr�re Drive N.E. (H. 571-2977)(B.571-9601x251) Ned Storla 7548 Alden Way N.E. (H.571-6726) David Thiele 7300 Tempo Terrace N.E. (H.784-3663) Narold Belgum 191 Lartman Circle N.E. (H.571-1191) Mary Jo Dobson 1636 68th Avenue (N.571-5456) 4-1-79 4-1-78 4-1-80 4-1-80 4-1-81 4-1-81 4-1-81 EXPIRING COMMISSION POSITIONS PAGE � 3 D APPOINTEE TERM TERM PRESENT MEMBERS EXPIRES APPOINTEE. EXPIRES CABLE TELEVISION COMMISSION (Citv Code 405.28)(5 Members - 3 Year Terms) Mark Scott 7t90 Riverview Terrace (H:786-3063)(B.571-1934) Kenneth Brennen 6716 lth Street N.E. (H.571-8035)(B J81-6061) Edward Kaspzak 1317 Hillcrest Drive N.E. (H.571-0441)(B.332-6951) Carolynn Blanding 5653 Regis Trail N.E. (H.571-5653) Edward Dunn, �r. 7535 Lyric Lane N.E. (H.786-1894)(6.571-9781) (Resigned 1-11-78) C�dk� 4-1-78 4-1-79 4-1-80 4-1-79 FRID!EY HOUSING APlD REDEVELOPh1ENT AUTHGRITY (5 Members - 5 Year Terms) Elmars A. Prieditis 6031 Benjamin Street (H.571-7230}(6.332-1401) Russel Houck 750 Overton Drive (H.571-3249) Pastor Arnold Stone 6950 Hickory Drive {H.7S4-9394) Larry Comners 5197 Lincoln Street (H.788-8925) Carolyn Svendsen 5741 Moore Lake Drive (H.560-6060) .�: .�: . • : 6-9-79 . • :� 4-1-81 4-1-81 4-1-79 .�: EXPIRING COMMISSION POSITIONS PRESEN? MEMBERS TERM EXPIRES PAGE 5 j F APPOINTEE TERM APPOINTEE EXPIRES POLICE COMMISSION (City Code Chapter 102)(3 Year Term - 3 Members) Tim Breider 4-1-79 7550 Tempo Xerrace (H.786-5341)(6.941-6500x536) Jean Schell 5198 St. Moritz Drive (H.571-3283) Helen Treuenfels 5248 Horizon Drive N.E. (H.560-5907) 4-1-80 4-1-78 BOARD OF HEALTH (City Code Chapter 112)(3 Year•t Term - 3 Members) Dr. C. E. Turbak 23 Rice Creek Way (H.560-1470)(6.560-2820) Dr. Donald L. Wright 101 Logan Parkway Walter H. Jopke 5230 Lincoln Street (H.788-2205) MAYOR PRO TEM Councilwoman Kukowski 4-1-79 4-1-79 4-1-79 ..� u.� �..- ,- 4-1-87 1iNOKA COUNTY LAW ENFORCEMENT COUNCIL 1978 (1 Representative and 1 Alternate) Councilman Hamernik, Rep. 12-31-77 Councilman Hamernik 12-31-78 Councilman Fitzpatrick, Alt. 12-31-77 Councilman Fitzvatrick 12-31-78 SUBURBAN RATE AUTHORITY (1 Member and 1 Alternate) Mr. Walter Starwalt, Member 12-31-77 Councilman Hamernik 12-31-78 Councilman Hamernik, Alt. 12-31-77 ounci man Barnette 12-31-7$ NORTH SUBURBAN ADVISORY BOARD (1 Representative and 1 Alternate) Councilman Schneider, Repr. 12-31-77 Councilman Schneider Councilwoman Kukowski, Alt. 12-31-77 ounci man Barnette ASSOCIATION OF METROPOLITAN MUNICIPALITIES Councilman Fitzpatrick, Member 12-31-77 Councilman_ �Fitz �atrick Councilwoman Kukowski, Alt. 12-31-77 ounci man chnS eider 12-31-78 12-31-78 12-31-78 12-31-78 SCHOOL DISTRICT #14 COMMUNITY SCHQOLS AND SCHOOL DISTRICT #13 REPRESENTATIVE Councilwoman Kukowski (Dist 14) Councilman earnettte Councilman Fitzpatrick (Dist. 13) ounci man itzpatrick � �' �� � o � ` _ �,� S � �.�-� �.ry/ , ��� � �`�`"..�. �\�' .� _ . t5 `�, /� ,� "�@J�lu ' � ° �A�! ��o p ,x.f ° � �y i� � • r • ` ,�,! . •� _ q. 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A, � � ' � � . . m � !� \ 1 ' ` � `=• . � CI � , 1 . . <f V ` M F � � �.l w •` J-� r' 1,C-_ 3� 11 1 p ��.� 1 � � 1 C� ° .. �m ° ; ':' �y 1 � l � . V � :, �� ,�_ � � � . . r � 1�__ ` 1�� , ;j j 1 3 ,, � � ` � 1^ o£ f�' � � � < 8��£� �/� I c 1 `n �,�, 1 /N" � � �i k � � s ��� � �-. �- .E �' l� _'-^ 3� „ ' �°, ..� .r ;� ��.` . > lS �� °- � � :i� 'r \ � �U � � m c,�y�..- ! c � ' 3 8 �Q �A' �v • , • ` ��- 1 � `\ � '' � ei 5 `� � �c . v � � I r`., a° . � � Ia'T� � � � � � pf/ � � . O �'1` . �..� . ..`�. ¢f � �� � . � �` I Y _ir.: � �° � + t; ,m..Bi.F°./' � � °, �, : �1 _ 1r N 1\c3 , . q�► V _ "_. � __" ""! .�t_, � � 1•�p, 11 . � � � . f � " -�� . �v . '? ,. �•' . . � �`' a m��}1� � : r�. ii � - . . u.. O -.. , �. > ' r_-1.. =`. Q \ 1 �?, i °;•. . — � - , n•,�_ 4t �'� 1 � v o ; � -' �-- ,� —.. `� �.. �-a� i : ,. � �J _� ci.. = 2 x , 1. c_ � �K a n 3 \ 4A � N n �; " �C a W p � C w Y U O � C �T> a GO{� \�� Y �N �) � ti a V M M t� 1: ✓' d x�.� ��. U '•�1 TmI ' P 0 0 . \v v m � um (�� de� � .a nTa F u O ~ , o u . o � 4 C � � `� n �u 0 _� n ^+ : � „ � C � i �c � Y u 4 C S U V ti 'a F--���� ♦ 1� � O � �:'; -�• 1� °' �w 1 1 o � tc►�;y� aN '1 � � a 1 � �- -, c . - . , 1 � , . _-., I _... : o� yg f,�, � a �. � y ���!1ys .. vt��v oi�9 �','y �.5Z�y0' ' ° � I . 1 il � � ° , � 30 ` ,a;. '� � � a Go N 1 , � _ � I � �. W � a �, j / v� .. '�Cy °� � _____ _ — ;'�.-1 F � i RESOLUTION N0. A RESOLUTION REGARDIP7G DETACHMENT AND ANNEXATION WHEREAS, the owners of the following described property located in Anoka County, Minnesota: Lot 17, Auditor's Subdi_vision /i103, Revised and Lot 24, Block 4, Mississippi Oaks have requested that said property be detached from the City of Coon Rapids and annexed to the City of Fridley; and �dHEREAS, the administrations of the City of Fridley and the City of Coon Rapids recommend said detachment and annexation; and WHEREAS, Minnesota Statutes 404.061 makes provision for the detachment. and annexation of property of one muni_cipality which abuts another municipality; and 1,IHEREAS, such detachment and annexation can be accomplished upon the city councils of both municipalities submitting a resolution for said detach- ment and annexation to the Minnesota Municipal Board; NOW, THEREFORE, be it resolved that the City Council of the City of Fridley, Anoka County, Minnesota, hereby petitions the Minnesota Municipal Board to approve the above described detachment and annexation and to issue an order confirming the same upon receipt of a si_milar resolution from the City of Coon Rapids. ADOPTED BY THE CITY CAUNCIL OF THE CITY OF FRIDLEY, THIS DAY OF JANUARY, 1978. Mayor Attest: City Clerk 4$ �t,nrrriz�v�c coi�rlT„siorr r�T�;F;TZnc rr;r�uunrz, 8, �978 r,rir,�, mo o��r�rr�; 5 Ciiuirp�r.r�on Harri� called {;he February 8, 19��8, Planning Commissio�i meetin� to order at 7:ifj P,M, ROLL CALL: Members Present: MemUers Absent: Otliers Present: Shea, Bergman, Harris, Peterson, Schnabel La.nger.feld I�� Jerrold Boardman, Ci.ty Planner APPI3�JV� PLAI�IAiIIdG CGi�fI�1ISSI0N TtIPdUT �S: J<'1PtUl1RY 25, � 978 MOTION by Mr. Langenfeld, seconded by F4s, Shea, to approve the January 25, 1978, Planning Commission minutes, Ms. Schnabel commented that the Request for a Special Use Permit SP#75-01, Uy Menard Cashtvay Lumber had been continued., She asked vrhen that item tvould be handled, Chairperson Harris said that on February 15, 19'78, there :�rould be a m°eting at City iIall regarding this iter,,, He said thui. all the people on the orioina.l mailing list as a�ell as all the people that Ut�ed tlie sign-in .sheet t��ould oe notiiied, Mr. T�oardman indicated that it tivould be included on the agenda after the special meeting evas held. UPON A VOICE VOTE� all voting aye, the motion carried unaniMOns"ly, 1. .�Y tjC'�-vG liY `t9li'C GU5'PUA'! HU�"!�'S 11"i PER i�RIDL�:Y CITY CODli "�ECTION 205.102, 3, N TO ALI,O�� TIiE EXPAIQSION OF T:�E SA_LE OP' MOBIL� HOA1�S TO INCLUD� LGTS 4�5� & 6� �3LOCK 7, CFNTRAL VI�IV MA.PdOR; TH^ SA%1E BEING 7355 HIGH;7AY /�65 NE t40TI�Jh' by r4s, Schnabel, seconded by Mr, Langenfeld, to open the FuUlic Aeariug, Upon a voice vote, all votin.g aye, Chairman Har�is declared the Public Hearing open at 7:47 P.M. Mr. Boardman explained that the purno�e of the Special Use Permit request rras to enaUle the espanding of the exi�ting trailor Pacility, He said t�rhat was proposed tivas a display area for double-erides. Mr. Alvan Schrader of 7355 xi�;��:1•a5� {f55, Fridley �:�as present at the meeting, IIe rfas representin�; IIart Custom Homes, Inc. IIe or�nc the Company, a rr,nrrrtrt�r, cor�t�tt>;TOrr t�rrmrri� _ rrr,i�un�zY s, t�Z.�Pr�1'Le 2 Mr. Schrader �howed 1;he commission the proposed plan for i;he Di:�play area of i:he park, He also had an over.lay of the exicting operation:� to better i.ndicatc horr it ivould all fit to�ether, Mr. Schrader explained that 1:he er.istin� facility rras 1L+0 feet widc by 51C feet lon�. He said the facility had been in operation since 1g76. fie showed how the property was situated in relation to 73r Avenue. • ' i4r. Schrader said that the Company ��ras getting into the area of sellin� douUle-ciides and modular homes. He said that it �•ras almost impossiUle to be able to display the double-rrides and modular homes on the existing lot, FIe felt it ��as necessary to display the new models in an environriental type display. IIe sa.id the proposed area raould be set up in a residential-type situation, Mr. Schrader said that i�ahat i,�as being proposed was puttin� six units in on a semi-perrnanent display (probaUly turn-over once every six months) . He said that the si:: units ��rould be 24 x 65 feet at the largest and 2!� x 40 feet at the smallest, Iie said they planned to put a court-yard type display o�rith a side�valk, shrubs, and grass into the proposed area. I3e said that by doing so, it ivould make it ea�ier to move the units and also not disiurb the court-yard, so that the court-yard �vould actually be a permanent item, I:e said they v:ere tryino to accomplish an environmental display of hoir a model c�oulcl look in a residential situation and felt thzt could he done by using berming on the 73rd Avenue side and utilizin� trees, shruUs, etc. Mr. Schra.der said that some oi the ne��.� models vrould conform to the Uni-form Building Code. He said these models vrould be ordered from the factory and rrould be elevated onto basements and ti•rould result in a re�ular stationary house, He said that these models vaould meet all the necessary codes. Mr, Schrader said that also by expandin� their facility� they �vould be able to better meet the Ci_ty Code of ten feet spacing between the display modelse He said that the single ���ide inventory i•�ould be maintained basically in the exis±ing area and the double-�vides and modular nodels raould be displayed in the proposed area, He said that the court-yard paved street raould be namecl "Boulevard of Dreams", Nr. Schrader said that Lots and 200 feet in depth, He florr into lii^ Operai:ions. �, 5& 6 raere each 60 feet rride also explained the anticipated traffic 5A rT,nrriaTirr, coi�r�r> ;roN r�r:?;�rzrrr, _ rr•;�r�[rnrrY 8, i 97P> n��;e 3 Ms, Schnabel questioned the oe�nerUhip of sevcrral adjacent lots. Mr, Schrttder explained tha.t ane of i;he adjacent lot � crae orrned by the' City and one i�rus or�ned by the Gounty. Mr. Boarc3man explained that the only lot the City had vras the lot that a pump houce rrac located on. Ms; uchnabel aUked if any screening vrould be required, P4r. Eoardman said that the only screening that ti�iould be required tvould be around the base of the trailors by rneans of decorative blocks and such. He said that berming r�oulcl also be required that T•1r. Schracler had a�reed to. Mr. Schrader comc�ented that the displays c�ould only be changed at a minimum of every six months and the maximur� of once per year, P�ir. Peterson indicated that there didn't appear to be any neighborhood objections. Mr. Boardman indicai;ed that a variance would be reo,uested regarding the curbin�, He said that due to the r�oving of the units, that curbing �•rould pose many problems. It �ras explained on the plans exactly r�her2 curbing ��rould be desired and �ahere it rrould not be desired. �� Air, Langenfeld as�:ed if Mr. Schrader agreed to all the Utipulations, Mro Schrader said that he had agreed on all the necessary stipulations that had been indicated. Mr. Ber�man asked if Mr. Schrader was in agreement lvith the proposea landscaping plan, A1r. Schrader said that he �vas in agreement raith the iandscapir.g plan as was indicated on the plans the Commission ha.d before them, Mr, Bergman indicated that he �vas not ae�are of any complaints resulting fron any activity that had been in operation since Hart Custom Homes, Inc. �vent into that locai.ion, Mr. Schrader explained further about his operation. Iie said it rJOU1d be an environmental display, He said thut the double- wide FIUD built home was selling for beti•reen f�20,000 and �30,Q00 and tlie modular home components rrere �lso aellin� for between $20,000 and y$30,000, He said that Hart Cu�tom Homes, Inc. would do the conplete construction that r��u.ld inclede the Uavement, ser�er, rrater, etc, and the cost �,�ould be approximaterly $$i�5,000. FIe also pointed out that there ivould be long-term financin� availlble, ile said all the mode2� r;ould be ]I(TD btiilt under tLe tierr i�ederal �t�m�9ardc or Uui1t i;c� the Uni:�r:n 13uildin�, C.��ie. PLAPiTaJPiO C(1'9f1I`;",I(?1•1 }9rP9�I1�1G - T'I�:P,RTIIIPY 8, 1�37f� Pa�;e 1� 5 C Mr., �chnabel asked if Mr. Scl�rader rrould be puttin� up an advcrtising �ign on 73:� nvcnue: � I4r. Schrader :sai.d that the only ncra �:t�nage rrould be si�;ns located a.n front of each moclel that ���ould indicate tlie type of model� the square foota�e, �nd possi.bly the price, He sa.id that the signs ti:�oul.d be under three square feet, fIe said i;hat they ���ould also install a strcet sign indicatin� "Boulevard of Dreams", but th?i; there ^rou].d not bc any additional advertising signs needed at that i>ime. MOTION by Mr. Langenfeld, seconded by I4r. Peterson, to close the Pub.lic Hearing, Upon a voice vote, all voting aye, Chairman Harris deciared the'Public Iiearing closed at 8:11 P.M. i90TI0I•1 by T•4r, Langenfe7.d, seconded by Mr, Peterson� that the Planning Commission recornmend approval of the reque�t for a Special Use Permit SP ,',E78-02, by Hart Custom FIomes, Inc.: Per Pridley City Code Section 205.102, 3, N to allorr the expansion of the sale of Mobile homes to include Lots 1�,5 & 6, Blocli 1, Central V'ie�v I�lanor; the sar.�e being 7355 xi�n:•ray ir65 rrr�,, l�rith the stipulations that the base of the mobile homes on display be properly screened, that curbing be provided as indicated on the proposed plans, and tr.at berming be done along �3� A�enue. Upor. a voice vote, a11 voLin� aye, the notion carried unzr_imously. 2. MOTIOPI by Mr, Langenfeld, seconded by A9s. Schnabel, that the Planning Commission receive the January 17� 1978, Encironmental A,uality Commission r�inutes, Mr. Langenfeld said that the second sen{;ence of the second paragraph on Pa�e 10 of the minutes should read, "It e�as done by computer ar.d the people rrere supplied t�rith boo?is� materials� etc., and it erent up to 25 eF cnle." Mr. Lan�enfeld said that the Noise Ordinance �:as discussed. Ae indicated that the Commission had mellorred some��rhat regarding the Noise Ordinance due to a stater�ent Made Uy Ptr, Steve Ctlson, EnvironnentaZ Oificer, "Iir. Olson had lool;ed.at the No_se Orainance draft and, in a conversation �vith hlr, A1 Perez, State L,P,A„ had come to the conclusion that there seemed not to be a great noise problem in I'ridley and it might be best for the City to design an ordinance in,rthich it simaly ac'.opted St�te Standards for noise pollui;ion control and detailed enforcement," _ PT,nrari.rrir c;�r�i-�i: �,T�rr rar;rrxrrc — rrr,r�tTnnv �, ��7s a�.�r;� 5 5 D Mr, Pert;m�an referred to tlie :i Lem discusred on I�age II of i:he minute&, Recyclin�; Projcct Committee P,eport, fIe erPlained the vrorl:inLs of a Recyc.liiz�; Collection Cc�nter in :;t, f.nthony, He saia thai. it r,�ould be ti•rorthr;hile for snmeone from the ),nvironrnent�:l_ Ruality Comrnission to do an observation on that Center. i-fr. Lan;enfeld :,aid that the su��esi;ion �vou� d be passed along to the Commisr,ion, Chairperson IIarris quoted the statement that nece.:sity rfas the moi.her of invention, and he felt that eventually the p�ople eaould discover ��iays of turning trash/�arbage into ener�y producers, He pointed out that there rras pre�ently a city in Ioiaa that ::�as using trash for ener�y by recycling the trash, Iie said that at {;hat po5.nt in time the dol:lar costs !�iere brealiin�; even. IIe said that they e!ere burning the trash/�arba�e for ener�y, recovering the alucninuni and steel fror� the cans� recovering the boi;tles� ei;c,, and the operation of tlie plant r�as breaking even, or not costin� anythin�, Fie felt t11at that vray made more �ense than dumpin� the trash/garbage into the ground from �:�here it �•!ould eventually pollute the ground ��ater systems and such, Mr, Bergman �ave his concurrence and support to ��ihatever the Lnvironmental �uality C�mmission �•ras doing in the area of recycling, • UPOPT A VOICP VOTr, ALL VQTIA?G AY?3� t11e motion carried unanimously, 7'he minutes vrere receivecl at 8:32 P,P4, 3. RPC,EIVE �1°P',P_LS COt�1ISSI0iI fiTPltTTnS:__JANIIARY ?4., 19� MOTIOId by Ms. Schnabel� sECOnded by Y�4s. Shea, that the Planning Coarmission receive the Appea7.s Cor�mission minutes of January 2�, 1978. rls. Shea commended P4s, SchnaUel on the diplomacy she demonstra+,ed at a mo�t difficult meeting. Ciiairperson fiarris asked if the CitS� Council had acted upon the issue of 40 foot lots, Ms, Schnabel said that it tvould appear before City Council I'ebruary 27, 1978, t�is, Schnabel said that one of her Major concerns regarding the reque�t Uy AIr, Gordon Hedlund ivas that as soon as it rras anproved to build on the 1+0 foot lots, the value of the lots rrould go imMCai�ztely from ;v'u00 to appro�inately �35,GU0 or ;�65000, Sh� sai.d tl�at the buyer nould get no ��Urer�ic�t because cf the lo�. size and Mr, IIedlund ���ould receive the entire profit. She said that thc e�timated, bui.ld,�ble value oi i.he 'land �;a: r�hat made the �*'� c� of tl;e hou: c;;o hit;h„ t - •- ��x,nriralrac r,�r�r-;r>�;.r.owr t�r��;�ra:Tr�, — rTnr,il,�rv t�, i�7� r��;o 6 5 E Chairper�on JIarris a:�l,ed rrhat Mr. ]led).und�ti ner.i; step m9_�;ht be. f4r, �chnabel said that 19r, IIedlund hacl itidicated that he eaould tal:e the matter i;o Court if Lhe requests rreren't approved. Mr. Boardman caid that the exhibits tha� accompanied the requests were very complete for the main purpose that it coula end up as a Court case, Ms, Schnabel said that the Appeals Commission had er.cellent Staff input reg�.rding the reciuests. She said that 12on Holden, the Staff person, had been most supportive on the matter. 1�0 :�OOT LOTS t4s, Schnabel said that ti+rhen City Council decided to turn-over the many lots to t}�e County, their intention had been that the ta.x-forfeited lots �vould make nice additions to i;he existing land oti��ners on either side of the li0 foot lot or the adjacent land oti�aner in the case of a corner lot, City Council nad indicated tha.t tke lots raere unUuildable lots, She said that rrhen the County advertised the 1ot� in the paper the County put a notice at the top that said, ��Check �rith your local City for building rest-ricLions on the lots," Ms, Schnabel said that bir. Hedlund claimed that he called the City of Fridle� and had been told that ther.e r�ould be soMe problems �;aith the .lots, He claimed that he v;as never told specifically that the lots ir�re unbuildable, She said that he also claimed that tlie County did not announce that the lots ��ere unbuildable at the time of the auction, Ms, Schnabel said that there erere some discrepancies in T�r. Hedlund's statements, She felt that Mr, Hedlund eras tryi_ng to build a case through the minutes that he had not been told in advance that the lots vere unbuildable, 14s. Sclinabel said that the minutes of the previous meeting that was held on December 13, i977, he had Ueen specificall5• asked if he vaas ar�are tnat the lots vrere unbuildable and he had stated in those minutes 1;hat he c�as arrare of that fact at the time he bid on the 1ots. Ms, SchnaUel said that Mr, Eedlund r�as a�uin sneci°ically asked at the January 2[f, 19']8, �ppeals Commis�ion minutes if he rras arrare th�t the lot� �Jere unbuildable lots, .ind I�:r, iledlund again �tated that he r�as ativare that the lots �,�ere unbuildaole, Chairper�on Ilarris asked horr the City of rridley could justify not aZloering construction on 40 foot lots r�hen rtinneagoli�, 5t, Paul, Iv`orth St, Paul, Columbia Heights, and RoUbincdnle did allorr Uuildin� on l�.p foot lot.,. Pr,nT�rrrr�c r,�;•tA1T. �;TnN r�r r.r7rrr, - rr.,r,r:unP� ti, i�7� P�r•� 7 5 F t+i �. .",chnabel caiP, that Communi.Licc set their oefn ::tandard�, She said that i:he CiL-y cf P'ridle,y cho^e the �tandard lot size a� 75 foot, She .refercnced 1'iz�e 10� third para�ra.ph. Chairperson IIarris saicl that anotlier prublem that the City of Pridl.ey erould be faced i�rith rra� the fac1; that plats had been accepted riith 1+0 foot lots, I�Is, Schnabel said at the time I'ridley became a City and started to be developed that the people in Government at that time deter;�ined that they did not'rrant 25 foot or �0 foot lots� they ,ranted a.minimum of 75 foot lo{;s; She said that ii; e�as a suburban area and that �aas hor� they �aani;ed it developed. Mr. Ber�r�an s;anted to kno��: if that decision could have been a.rbitrary and capricious, fIe felt fairl.y certain it r�asn't capricious, He felt it rras only arbitrary in the same conte-r.t as every city's ordinance� are arbitrary, He sa9.d that even thou�h it may have been an arbitrary deci.sion, it uas :vritten into the 1ats, He said it rrould be that reason that a person �.ould not be able to build on a 40 foot lot. A4s. Schnabel said that in 1911, rrhen the plat ���as accepted by Anoka County, a different set of facts �aere being dealt �+ith. She said that the facts l�iere dealino e:ith a community that rras only a small per.cent developed versus the fact that noti•r the City of rridle� uas 90io+ developed, Mr, Peterson said that it raas a dynamic fact of lar�, that larr changes. He said that even though the County accepted the plat in 1911, the larr has changed and the person that purchased the lots had been informed of the changes in the' �.'d:V$o Chairperson FIarris said tnat perhaps those 1�0 foot lots, if they lvere not a viaUle piece oS property for development, should not have been sold, He saic. they should have been held for open space, public land, or vrhatever. ]✓s. Sclmabel felt the Cit� made a mistake ever putting those �0 foot lots up fo: sale. Mr. Ber�r�an felt t'hat r;hetfler the lot r�as buildahle or nnbuildao].e or e�hether f•Sr. Hedlund had been informed that it tivas unbuildable rrere uctually imniaterial to the actual issue, Fie s�id that there rfere City Ordi.nanccy thai: sta�ed the rec�uired Uetb�cks on lots and the mininum �nu�se foota�e reauired on loi;s. IIe sni.d tliat a citizen of Fridley could try to oUt<:.in variances from the Cit,y Codes and if those \'::I':.";;Ct':, l':i`1'C ��I':111tCCi� tllC❑ i:11Q i`C'.iEJi] COUIU 27Ull.0 OA �;2i1' !o;, r��t,�:dlc.,� of Llie sizc. IIe �ai:i thai; the fact ��ra� tli::t the person did not alvrays get the variances that �vere rec�uested. 5G ��:;. :.;chnabcl caid that tihc fe].t thai; the Commi��ion had ��ctuall.y becn dcalint; crith t�+o :.e�arate rr,�ueats; the - firct L7Aa^ �vhether �JIiL�.C:.'LI](; shou"ld be permitted on a cub- :;tandarcl lot, rzncl the otlicr r�a� wl2ctlier any variances caould be �ranted. Chairperson IIarris said that thc:re �,as a�eneral polic,y that thc City of I'ridley ciid not issuc building p�xmi�� on 40 fooi loi:s. Mr. Boardman said that i;he City Code indicated that the buildin� �ite had. to contain �,500 sauare fee{; and be 50 fer.t riide on lots pla.tted before i955. He �aid that anything plai;ted a.fter 19j5 had �;o contuin 7,500 squre feet and be 60 feet eiide. fIYAF 1'ARK Ms. Schnabel said that there ��rere many 40 foot lots in the Iiyde Parl: area that had sin�le family homes on the lots. Ii some disaster occurs and the o�:ner of the d��relling loses over 50^;� of the house� she rranted to know if they could rebuild on that particular lot. She said it r�as a hypothetical q_uestion based on the fact that the area vas re�oned back to R-1. Chairperson Iiarris said that the Hyde Park area tvould have to be a Special Zoning district that r.ould allorr comr�ercial and R-1 mixed that existed there. IIe said tiiat i°rhen the Guid2lines 1�!ere �aritten up, the lot sizes could be handled at that time. t4r. Boardman said that three meetin�s had been held tivith the IIyde Park neighborhood conmittee, He said that the tynes of regulations v�anted for the area had Ueen decided upon. He said the,y ��rani;ed sin�].e far�ily zoned district, bu{; eiould allocr the reUuilding of any esistin� structures, such as multiple-d�c�ellings, etc. sl:ould those Uuildin�s be over 50°� destroyed, He said that they desired the minimum lot size of 60 feet. The neigliborhood committee feli it ��rould Ue to the benefit to the nei�liborheod to get rid of the �0 foot lots and require 60 foot lots. Tir. Boardman said that the general feeling of the people in the Hycie F�.rk area �•ras that they didn't �^ant to put a burden on anyone thai; already lived in the are�, they didn�t riant the spread of nultiple-dti�ielling: into the area, tlie,y didn't �•tant the sprend of comr.,ercial into the ^rea, tliey r:ant to l:eep the sin�le-fzmil.y characl;er atid thcy feel 1.hat a required 60 foot 1ot ti^as a good size lot for the cliaracter of the �rea, i 'I - T�1�;l3Rtifil',_Y �, 197f3 P�t'� 9 5 H UPOII A VOI:CI: VO'.C?�,, all voting ayc, the moti�n c�rricd urianimour,ly. The January 21+, 197� f,PP��ls Commicsion mi.nutey t�rere received at 9:OG P.t•t. MOTIOI� by t4s. �chnabel� seconcied by P4r. Lan�enfeld, that 40tfootulots thatehavccnotsbc�n soldethrougl�public�auction� and that City place a kiold on the �the motionSCapriPdSties. Upori a voice vote� all voting aye� unanimou�ly. Chairperson lIarris declared a break at 9:14. P.M, tF, CONTIidUF.D: P�RIC �?� OPEN SPACr PLAN Mr. Boarclm�n indicai�eci that once the Planning CommS.ssion comple{;ed discuscing the Parlcs & Open :;pace P1an, Staff v+ould do a re-efrite of the Plan, cla.rifying iteMS that needed it and solvin�; any �roblcros that came up re�arding the Plan. He said tl�at at i:'nat point in tiMe the Parlcs and Open Space Plan e:ould Ue brought bacli to the Commissions to get their approval, and then a Public Aearin�; e:ould be held on the Plan. Chairperson A.arris felt that at the time the Plan carne before the Planning Commission r�ould be the point in time tizat Tir. Clzas•les Poudreau shculd be asked. for his opinion of the Flar.. Mr. Boardman said thai he r:euld a.rran�e for I�I.r, Bou.d: eau to appear Uefore the Ylanning Conr�i4sion at the sarr�e time as the ParkU & Onen Spaca Plan rrould U2 handled by the Commission. iir, Boarcltnan said that the process of the Parks & O�en Space Plan after the re-earite �iould be to send a copy to the Chamber of Commerce, other Civic organizations5 and all the Cor.::�issions for tlieir second revieti�r on the Plan so that any additiona"1 comments/correctio ns could be made before the Public Hearin�. , Bergman couldn't understian3 srhy the P1an t�aould have to be t to all the Cor7missions for their second revierr, He felt that the process �vould be a bit bulky. Mr. Boardman said that the re-�srite tivould be sent to the ot�her Ccnmiscions mainly for informational purposes, iie said that they rlould not have to act on the Plan, It ttas decided by the Planni.ng Commission that P,ecommendation 1 �zt the battom of Pa�e 27 of ttie Parks �nd Opcn Sp:�ce Plan 1�+:�: �cceptnble as �rrit;ten. Mr. PeLer�on said that Recommendltion ;��2 at the top of Pame �7 �:aa not accc,,.t:�blc. P.c �ni.c thaC hc cc:i�pletcly' ::;;r•�c.i ;�:�.th �ettinU nei�liUurhood feeclbaclt and to mr�lce the parlcs as cl�scly Altin to tirhlt i:he nci&hborhoods e!ant; but he said tliere rras also the overall City Pro�ram and �ometimes� the only people a�•iare of thai: Pro�;ram �re thc Commi.::::S.on and thc ?)irectar, . ., 5I 1�lr..,L'a;;.z•ctman �u�;�e�ted thni; Pecommendztion i/�? at {;he top of Pa�e 27 be reriri ttcn, ��,�� Design n.cighborhond park faci_lities in c��perc,tion e�ith re:;idcnts ;o a:, ta more clocely meci: n�ighborhood recreation nced,,�� Tne mcmberc of the Planning Commis�ion were in a�reernent. It �%a� decided by 1;h� p�,1nning Commission that Recommendati_on 2 at the bottorn of Page 27 of the Parks and Open Space Plan was acceptable as �lritten, It r�aU decided by the Plannin�; Commission that SL-aff should ret�rrite Recommendai;ions 3& L. at the bottom of Page 2'�, It }'raU �u��e;te1 that t]le t��o reco;amendations be combined into one recomMenda�ion, Nir, Bergir,an su��ested the ���ording to be� ��1,�tabli�h a pro�r�;r,7 evaluation process, by iJhich stafi and Pr°gr�za personnel define pro�ram strengths and ti�ieaJ;nesses on a continuiug basic con�idering the natural and c�an-made res available.�� t�ir, Boardman said that he ��rould do s on the recommendation, aurces ome r�ork It tvas decided by the Planning Commission that Recommendation 5 ai the top of Pa�;e 28 of the Parks and Open Space Plan rras acceptable as �•rritten. Recor�rnendation 6 on Pa�e ZFi t;�as discussed by the Planning Commission, T��. Schnabel t�ianted to lzr�osr rrhy the C:�ty should pr�Ji�e a Progr;,�:i for the School Systen, She tiaiited to knoti if the schools had an instructor on their staff that r�as a Natural History person that could develop a program, Mr, peterson said �tlGt th� precedent r�as such that i:hat rras �Jhat t�ras happening in the cities, 1^he City r:as developing progr�;�s clescribing the ecology of natural histcry areas in the City, He explained thai; actually the school systems vould have no jurisdiction to go onto tke City pr�per;;y to develop the nature trails, etc., r.�liich the City does and a1lor�s everybody to use them, t•1s. Schnabel a�r.eed that someone should develop the pro�raros, but felt that it r�as more in the field of �ducation than ii: r;as in the field of City „dmii�ietration, rir, Boardman said that the Program that r�ould be developed by the City ttotitld be used bv the schools as nell �� the residents of 1�ridley. Iie said there ua� no scn.e settin�, uP a pro�;ran that could ju�t be u�ed by tlie residents and exclude L-he school: from i:he �ro;ram or vicc-ver:;;z, F.Te :;::irl.thnt if tlie City oi P'r:i �1cy r,�ac to li::ve :� ;:c;tt�r::li.:?, `?tl�; 17Jt11Ci develop a pdatur:ili�1; PI•o�r„tn� tl:eri it nti�iit a� rrell be opened up to the school� tao� PT.AIIfIIl1!; Cf)�;t1I" ;IOiI ,11?i,T7id(; .- ?;",;'�3R?JlIRY �`3�1�7�', Pa�_11 5 J rt. ��,a.� a�oia�a 6 Y,� 7 on Pu�c acceptablc �U by the J.?lanning Commz�aian that RecommendationU ?_3 of the Parl�:s ancJ Opcn :;p��ce P1an r�cre �:�ritien. t4r, l3oarc�man sug�ested a reti�rritin�; of Pecomrr;endation 8 on P�Ue 2�,. IIe Uaid that i;he n�4in intensive u�e recreational arerx bein� looked at l:�as Commons Paric �.nd he �aid they e�ere running out of room at Common� Park.. IIe said that Common> Par': r�as initially set aside as a nei�hborhood facility to serve the nei.�liborhood around the par•1;, He said that I�ridley didn't have the City-�,•ride recreation �paces so Commons Park r�as tal,en ove.r becautie it eras centrally locatecl, lie said tha.t a serious look had {;o be talcen at t}ie city-�aide recreation activities as to t�here they can be �laced, He said that much more room r�as needed :or that type of recreation, IIe said that other nei�hborhood park; 1�rere being ui;ilized for city-ctide recreational ac�ivitieti, He said �.;hat should really be looked at t�ras ihe feasibility of obtaining more lann or redeveloping the land available for hi�h inten�ive recreation a�.tivity areas, The Planning Cor�nission agreed �•!ith rlr. Boardman's suggestion, It r�as decided by the Plannin� Commission that Policies under Objective 5 on Page 2F3 of the Parks and Open Space Pla.n shouid be xerrritten toa t. 2. 3. Promote regional� count5*, ciiy areas of park and open space interest. ' Promote preservation of rer�aining significatit natural haUitats. Acceptable as ti•rritten. 4. Mr. Peterson said that the statement did not belong in the particular area, He suogested handZin� tlie iter� in a separate area. Afs. Schnabel su�gested an entire new section eniitled "Critical Areas". Mr. Boardman said that he uould set-up a ne�r section to be included in the Parks and Open Space Plan and i.nclude all the iteins relating to a Critical Area in the City of I'ridley, The Planning Comrnission discusse� Recommendation 1 at the bottom of Page 23. Afr. Peterson said he interpreted the �tatement to read tttat -' t � i was important th^t conservai:ion of natural resources Ue one of the primzry thru�ts of the Parks and Open a"p�ce 5vsi:em nnd co�ircrv,,i;ion �•:ith:in i�rb^n arc:,s rc;,uii��,:; i...inl�cinr.iit ,ln;i znterpretatiun. (lAT 1�1Tti1?T1Td(s= i P7r.,Petercon su�;i;c:stcd thni; P,ecomnicn<lai;ion 1 at Lhe bottom of PaLc 2� be rer;riti;en to: 1, Cciri.crvoC.'�nr. of n�ztural recourceU should be one of the primary thru�ts of the Parks anc] Recrea'Cion Open Space ayctem, The other member.c of i:he Planni.n� Commission �•rere in agreement crith h1r. Yeterson's su��;estion, It ���as decicled Uy the Ylannin� Commi.sion that 1?ecommendai:ion 2 at the bottom of Pa�e 2� be complctely eliminated, It r�ac decided by the P].annin� Commission that Recommendation 3 at the top of Pa�e �9 rrould be inserted in the nev� section entiticd. "Critical l,reas". The members of the Planni.ng Commission asked that T;r.. Boardr�an have Reconmendation 4 re�•fritten. They felt that the stater�ent uas necessar,y� but didn� t like the rray it raas rrorded, It ti•ras decided by the Plannin� Co�rnission i;hat Recommendatiens 5� 7 and £i be eliminated. Mr. Lan�enfeld su��e�ted that Recommendation 6 on Paoe 29 of the Par�>s and Open Space Plan Ue re�rritten to: 6. I�atural. history areas snould be maintained for passive ar,iivities incluclino nature hikes and tours adminisiered by the City Naturalist, The o�:her. members of the Plannin� Commission r�ere in agreement taitli Iir. Langenfeld's suggestion. It ��ras decided by the Planning Cor�mi�sion that Recommendation 9 on Pa�e 29 be inserted in the nerr section entitled "Critical 1lreas". It tvas decided by the Planning Commission that Recommendation 10 was redundant to Recommendation 6 and should be eliminated� Ms. Schnabel indicated that Objective 6���as to be added. She said it ��ras entitled, "hlaintain and/or �stablish Professional Staff". She said thai it had been decided previously that items that dealt mainly rrith Staff �^culd be put in a separate secticn. A1s. Schnnbel said that tero items tliat appeareci on Page 1B of the Par:ts and Open Space Plan ivere to be includecl i.n the separate section. .]'ermanent plr.ks and recreation staff requirement� necd to be evaluated, . Thcre is a need for parlcs �nd recreation dc�>artment ��ulicy �;ui.:clinc.�. 5K 19r, P�u:.�rdrnan objecLive: to r�i.th �tafi'. r;; nRY t�, i >> 5 � �a`id th�ct �t�ff r�ould rerrri.te the �o�ls anci incl.ude an bbjective 6 that i�iould dcal mainly t�r, Lan�enfeld .said that the l;nviror.rnental 2uality Commission had suU�ested a I;ecommendation 11 wlder Objecti.ve 5; 11. Fertilizer.� ancl other related materia� levels r+ould be l:irnii;ed in the City wateruayU, i4r. Boardman su��;eUted that the item be rerrorded to, "Pncouruge the reduction of pollutants in the streams and rivers v�hich are utilized for recreational activ5.ti�s", He then said that the item r:oulcl be included in ihe "Critical l�reas�� section of tl�e Parks and Open Space Plan, P4r. Eoaruman explained the rest of the sections of the Parks and Open Spuce Plan. He said they v�ould be a color coded map of the proposed park �ystem. Mr. Boardman explained that the Parks and Open Space plan t•;ould be re-�rritten and then returned to the Commission for apnroval, He said that they had much direction from the Comr.�ission as to t�hat exactly l��as rianted, He felt that the Plan i�tould be ready for approval after the re-t•�ritin�, OTHL;R PUSIiI�SS Chair�erson fIarr�s said that at the City Council t7orkshop lr.eeting held en January �0� 1978, tne Housing Maintenance Code vrzs revier�ed. I�e said thut for the most part, C�ty Council a�reed t'�ith the Code, tlayor Tdee had indicat�d that i;iie IIousing P•laintenance Code rias clear enough that even he could understand it this time� '-'ner�;Y Conmission Chairperson Harris said tl-iat the Planning Commission lvould discuss the Ener�y Commission such as settin� up the policy, t�Ir. Harris t�anted to kno�� r�hat the Plauning Commission r�anted to do i✓ith the item. Mr, Boardman said that the main thino that Lvas brou�ht out at tl�e City Couiicil meetin� rras that they i��anted to develon an Energy Comroi�sion riith the scope of Energy, � it vac deciaed that the tern ��ener- +� ,;;.,` c I�e said that liues c�ere needed, City Council said that�the Planni1ng �ui,le- Commis:,ion raas to set up the guidelines and the policy and cit}ier set up a Commission i;o handle the auUject or else �et u� ,z pro���� comnittee� e s r��� l�Ir. Lan�;r.nfeld �ugU�=��ed i:hut cacli ch�iirperson of the P].anning Commir;r,ion elect one.pr_rtion from thcir respective commissions to be a membcr of the Project Commiti:ee, 1�ir, Peterson said that hc liked the idea of the separate Project Comrnittee undr_�.r the Planning Cqmmiccion. IIe caid the only p.roblem r;ould be that the Projcct Committee �;�ould have to have adequa.te staff to support the Committee. Chairperson Harris said that if a Project Committee �:�as to be established under the Plznnin� Cornmi�si.on that they riould �o to the City Council to get thei_r approval for. the expenditures of 12av9.ng a Staff person to support the efforts of the Project Comroil:tee, Mr, l3ergman said that the first thin�; th� City should do be£ore setting up a Committee tvould Ue to esl;ablish Ener�y� Conservation Guidelines and Pro�rams for the City it�elf and to follotiv throuoh ti��ith the guidelines and recommendations. He felt tha.t the City should do more than just set up a Committee. IIe said the City should ��set an example" actively and ti�rith some publication. Mr, Bergman said that governr�ents are too quick to arJvise everybody else on hocr to save energy rihen they themselves are doing a lot less than tivhat they are requesting of private residents and bus9.nesses, Chairperson Harris said i;hat it was to be up to the Piznning Commission to produce a Policy, stating the goals and exactly what the City •r�ante3 to accomplish, Chairperson Harris said tha* there ���ere many areas of the City Codes that the �nergy situatior. should be addressed to. Also, said that it should be recommended to City Council that the legislators be told �•;�hat direction the City of Fridley �,��anted go on the Energy issue. he to Mr, Boardman said that if a Project Committee rras to be set up, that the direction of that Cwnmittee would be more of looking into �he problems that are presently bein� faced� rather than nec�ssarily developing a policy on it, Iie felt that once the problems r,ere reco�nized the Committee could then establish the policy to handle the problems. Afr. Peterson said that the ;;ner�y Co��nission discussi.on should be pui; on the agenda of a fui:ure meeting and ir. the meantime the memUer� of the Plannin� Commission could g3ve much thouglit to thc•. item� PLAilIITTi(', r,otRrT� �,.^,I�N P41�;P9'IN(; - l�'�RRIIA)?Y�_ 19�� Pabr. t � ----�---- 5 r, ��,r,, �r�; �;�»>,�. Ctinirper;,on IIurris s�aid Lhat lie had al;tended a rnee;;in�; tliat even5.n� at 5:30 P,f4, (�2/Ot3/7&) r�ith the Pr.e:ident of the Chambcr of Comm�rce, Dicl: Sobiech, and hirnself in attendance. FIe sai.d that they disciz�sed th� 7,oni.n� Cocie in relation�hi_p to Commercial 8< InduUi:rial, He said that on rebruary 9., 1978 the Chmnber of Commerce r�ould be diccassin�; the pro�ress on the Ion2n� Code, �ie �aid the Chai:�ber of Corr.,nerce e�anted to be able to revie�,•� the final results of the Zonin� Cod� before it went for final approval. P,�vital:izati_on of '�Dnrrntorm" Pridle tir. Boardman said that at thr January 3�, 1978, City Cquncil �,York>hop rr,eetin� Staff e:as �i�ren the �o ahead to ��rork vr9_th the bu�?_nesses in the area and look.into the potential for revitalizin� the center cit� of rridley, Chairperson FIarris said that the City iaould act as a catalyst 5.n proraotin� ar. orderly revitalizaticn, IIe said tha� �;�heu a busineUs decided to restore its facilities, City r�ould coordinate the effort so that it erould be done according to a��muster plan". ADJOURIR�iFAIT ;tOTI0i�1 Uy i•1s, ;liea, seconded by t4r. Peterson, to adjourn the February 8, 1973, Planning Cor..r,iission meei;ing. Upon a vo:i.c� vote, all votir.g aye, Chairr.iun Harris declared the Flanning Commi�sion meeting adjourned at 11-05 p,M, Respectfully submitted, ���_ti� Mary ee Carhill Recording Secretary � Q � � ` r� 1 : •q � � ��W _ Y� Z ii- � �. �' � � � �.1.� i k"` Q v�: �i ,^ � �: I � � �,i . I •y • 1� 7 l�dsnJ J Q 7501 i�:.�-, �•�% � HART CU51'OM HOh(G5, INC, SP t178-02 ��.•� 7355 Itighway N65 NE --- --- ._... r�>.b-.- � Ile.+.. . oee, �.n � . . -_ � .— ' -'— � � w,o� /A3fa' ' 'Sf 'ha:+S vaime+it !" ✓:i: no . ....�. `7450 l4Jc.- .)J/n.- ;� / `,! � w 3 . .nn :. � :.. " �: 7440 � � ve -� . � �. •�,� ^ fSf< _r: Jc ,'1 �a � ; F6� . iC� -< �/\� II / /,lJ.f:[.. FC.ASf"1'�-'i z , �40U/i/ON; a �.. , . ,: - � I I � 7 i ; �'li r:2�.-�.,,�,-= ,,� � � 120! � � .` �f� h-, H: C: }- �'. � rC' C: J� Jl�... �.. ` �' . N(3R � ; ; �4�0 �� •4'0 i0 Z' i .. h� � 7304 ^' ' ; �` � 73 I/2 AVE. N.E. '' , ;`� . ,- , , (`� 1 : j j�� � ; .>,s .; � ; • 1 ' ; : � : �;'f �' ' ,.-. . ;; ,�,� �• F- '. �`i ,` � : � �, �� lZ40 7250 . '� 1 /� e I` ' � \ �0 �'1vJi w 3t5 � 1136 � u5o I .' '4I /S; /f �-7 ;+- /6' a:,... „� t iso4 Ito6 i . ��. �' � - _ . :.r.....::: <z., . I � _ . i * I �S i 1. � . � .... . ._. j . � �' _ � II,`���� � � G�"N.' 5 £C. � = I �. _, ���� �� � ��I t� HART CUST�d�! HOB�AES, Inc. 5509 Lekelend Avenue North, Crystel, Mn. 55429 Tele phone: 612-535-2840 September 28, 1976 Mr. Jerrold Boardman Fridley City Planner 6431 University Av. NE Fridley, MN 55432 Re: Special Use Permit SP #75-14 Dear Mr. Boardman: Enclosed is the concurrance with your council action. The landscaping and sodding has been completed according to plan. The fencing contract has been let and the work is to be completed by October 20th. I am sure all items are in compliance and I want to thank you for your cooperation in concluding this matter. Sincerely Your , �� Alvan L. chrader Enc. ALS/kb f'.��• n./�//i�iof•/J ��iwPawy U/�/ __ _/�� �i�L�IA/� l YROY9Y ._eI.A! 5P J 5Q c�-rlr �� c��ar��.�v 8431 UNIVERSITY AVENU� N.E., FRIDLEY, MI�NNESQTA 55432 , TELEPHONE (612)571-3450 September 23 1976 CITY COUNCIL ACTION TAKEN NOTICE ATvan L. Schrader Hart Custom Homes, Tnc. 5501 Lakeland Ave�ue North Crystal, Minnesofa 55429 0 Dear i�r. Schrader°c On �Pr 13, ]976 official y approved your request fo with the stipulations listed below. Re: Transfer of Special Use Permit SR �T5-14 the Fr9dley C9ty Council Please review the noted stipulatioi�s, sign the statement below, an� return one copy to the City of Fridley. If you have any yuestions regarding the above action, pleas�� call ihe Com�nunity Development Office at 571-3450. :,� JL6; �e ' ' Sti�ulations: See attached sheet �Jaw}� 2� e L 1 .Ii W � � 1`„�6.19je s 0 Concw• with action ioken � � � �� I /7 � � ' ������ ��c • , �_ 5 R Hart Custom Homes 1. A Special Use Permit to operate a mobile home sales lot is given only to Hart Custom Nomes, and they will be tfie operator of the business. If the business changes hands or they are no longer the majority owner and operator of the 6usiness, the permit will be nu11 and void. and would have to be reviewed 6y the City Counci] before transfer. 2. The office trailer will be blocked on concrete blocks and the base will be skirted with alunimum. The office will be connected to utilities, such as water, sewer, gas and electricity. 3. Treo restrooms will be installed in the office For the public's use, 4. The office trailer to be taxed as a permanent structure. 5. There wiil be no permanent residents in the mobile homes and no repairing or storage of damaged trailers. 6. There will be a minimum of 10 feet of space between the trailers. 7. The public and employee parking lot will be blaGktopped by April l, ]976. 8. Provide screening fence aloqg the North property line in¢nediately that abuts residential property. Precast curb will be put along the entrance and aTong the parking area for customers. 9. The land will be kept clean and free of debris, junk and unsightly materials, and all green areas wi71 be kept free of a�eeds, cut, and well groomed. 10. There will be no washouts on the property due to surface drainage and if there are any, these will be filled and taken care of immediately. 1T. Lighting, landscaping, and plot plan 6e approved by the Planning Gomnission. 12. All signs will comply with the reguirements of the Sign Ordinance. 13. This Special Use Permit be issued for three years, at which time it must be reviewed. 14. That a performance bond in the amount of $1,500 be provided for the blacktoppiny and landscaping, unless work is completed by November 15, 1976. 15. The operator will be allowed until November 15, 1976 to complete the fencing for this property, subject to a written agreement being obtained by the City. � j i, _.1 CITY (?I' I'RIDL::Y . . �• APP;;.h1,3 C.OMhSI:;>IQIi P1?��r:T]'rtc; - J��rrUn2Y 2�f, 197.8 �j $ cnr.r, �c� oRn��!z: Gh�irper,on Schnabel cctlled the Jarivary 2t�� 19'78, Appeals Com�ir,:,icn meetin� to. crder at 7:3II P,Ai, R(?LL CALL: 1�emterr Present: Members Absent; Others Present: Plemel, Kemper, Schnabel, Gabe1, Barna None ' Ron fIolden, Building inspector APpP,OVr APPP•,AI,S CGt�P•1ISS20AT P^,IPNTES OF DiCE'r4BPR 27, 1977 MOTI0:1 by i•3r, Kemper, seconded by Nir, Barna, to approve the Appeals Commission minutes of December 2�, 1977, t�ir, Plemel indicated on Page �, paragraph '], should be changed to read, �'I�Ir. Plemel asked if a variance would be required on the I.ot 19 side of the building." UPON A VOICE VOT�, all voting aye, the motion carried unanimously. The minutes r�ere approved at 7:y1 P,A4, 1, /ARIAIVCES OF THE FRIDLEY CITY COD�s �,FEFT: and . SECTION 205.053, ZB, TO R1 DUCE THF P4INIMUI�I LOT :7IDTFI .FP,OM .._. <- - SECTION 205.053, 1+8, TO REDUCF THE SIDE YARD ADJOIi�iIATG OF A HOUSE AND ATTACfiLD (RFRU�ST BY GORDOV HEDLUND, 1255 PIKE LAIiE DRIVE, Ni1V BRIGIiTQPi, btN 55� 2?) . 0?d !�FPrALS COP?MISSTOTI P4Pn7'InIG - JANUARY� ?t+, 19�8 pa�e 1 A ADt4INISTR/ITIVE STAFF REPORT 4II00 3rd Street M.E. .. A. PUBLIC PURPOS� SERVED QY REQULP,EMENT: 1. Section 205.053, lQ, Lot area requirement of %50D square feet 2.- Section 205.053, 26, Lot width of not less than 50 feet Public purpose served by these two sections is to avoid the condition of overcrowding of the residential neighborhood, to avoid excess burden on i:he existing water and sewer services, and avoid reduct;on of surrounding property values. 3. Section 205.053, 4B, 5a, Corner lot side yard setback of 17.5 feet for living area of structure Public purpose served is to maintain fiigher degree of traffic visibility and red�ce the line of sight encroachment into the neighbor's front yard. 4. Section 205.053, 46, Side yard setback adjoining living ar•ea of 10 Teet Public purpose served is to provide space between individual structures so as to guard against radiant heat i•�hich would spread a fire from ona structure to anotheN, to provide suffic7ent access 9nto the rear yard for emergency purpo�es, and to reduce the condition of overcrcwding of the residential neighborhood. 5. Section 205v054, 4, Mittimum of 76II square feet of gross floor area in each of the upper two levels provided for a house of the split entry design Public purpose served is to provide for adequate house size and living area in residentia] 6uildings. B. STAT[D HARDSHIP: Lot is unbuildable without listed variances. C. ADMINISTRATIVE STAFF REVIE41: The petitioner, Mr: Nedlund, recently purchased the lot:in questiono He was to7d by the County offic�als at the public auction in Anaka, as vreli as the Fridley City staff, that this lot was considered unbuilable. Mr. Hedlund was also informed that to the best of our knowledge, the City Council hasn't permitted anyone to develop 40 foot lots in Fridley since the adoption of the present Zoning Code (June, 1973). Due to the extent uf material involved, we refer the Comnission to ihe exiiibits found in the variance application. 5T _�nrrrJnRY 21x, i Chairperson Schnabel explained that Mr., Plemel had stepped dc�rn from the Appeals Commiseion Y'or the duration of the evenin� Uecause he had b�en asked to give some in£ormation regarding 4£i00-3rd Street NI:. She said that I�ir, Plemel v�as emplayed by the Anoka County Courthcuse. Chairperson Schnabel indicated that even though Mr, Kemper had not been present at the December 13, 1977, Appeals Commission meeting, he vJould be ,perrnitted tc, have an active part in the Commission because the Public Hearing was still open and he vrould have the oppor�unities needed to ask any questions re�arding the item. She indicated that 1'[r, Y.emper had read all the �inutes pertaining to the issue und had listened to the tapes, Therefore, sne felt that he c�as kno,;ledgeaole enough to take part in the continued item. Mr, Kemper st�,ted that he had appraised himself to the best of his ability of ihe situation. He indicated that he had read all the previous minutes and had listened to the tapes that had been made at the Decernber 13, 1977, meeting, He said that he felt capable of picking up at that time, Chairperson Schnabel said that the City Attorney had t�n asked if it ��rould be proper for Mr. Kemper to take an active part in the meetin� and had been informed that since the Public fiearing had rem�ined open ivhen it v�as continued� that r4r, Kemper rrould have the opportunity to ask any r_uestions that he had on any item, and it vrould be possible for Tir, Kemper to take part in the January 2t�, 1978, Appeals Commission meeting, Chairperson Schnabel indicated that all the members of the Commission had taken the opportunity �o revie�v all the minutes and all the item� that had been discuUsed at the previvas meeting. She said that they had all had the chance to revieiv all ihe material that had been distributed at the previous meeting, She felt that all the r�embers of the Commission were prepared to handle the requests. Mr, fIolden explainnd that the January 24, 1978, meeting vrould be a continuation of the items that had been previousl;� discussed at the Dece�ber 13, 1977, Apbeals Commission meeting. He said that when the req.uest had originally been heard, the type of house planned for the �0 foot lots tiaas a snlit-entry, tuck-under garage type de�elling, Iie said that at the request of the neighbors, Mr, Fiedlund had two neiv sets of plans for the 1ot. He said that the nevr designs evere a split-entry type house lvith no garage provided, Mr. Holden said that he had done some quick (very rough) field measurements that �ave the location of the house on the lot in relationship to the adjac�nt house.� <and street curbin;;c, FIe said that he made the rau�h iield measurements to better indicate exactly how the proposed houses would fit into the neighborhood, Chnirperson Schnabel aslced if Mr. Hedlund had a different house plan for tke lot at 1�800 Third Street N� as h�d been requested at the December 13, 1977, Appeals Commission meetin� by the nei�2lbors� 5U SV Mx, Hedlund had dia.�rams of three liouse plans, He indicated that the lot at t}f300 Th�_rd Street Ni', was 1F0 feet ti•ride and 130 feet deep, He exnlained cn the diagram exactly hoc� the original house had been proposed to be placed on the lot, He explained v�here the driveway eiouZd have been located and ho�v entry and exit of the property would have been attained,(plan A) Mr. Hedlund said that Mr, t�Iarshall (47�0 Third Street NE) had felt that a house vrith a differeut entrance ��rould be more appealing, Mr, Hedlund shovred Plan B to the Commission members, He said that the house would be 20 x 42_ and the entrance rtould be on Third Street rather than on 48th �venue. He said that the plan i��ould be for a Jplit-entry type house. He showed a diagrar,i that depicted the flocr plan of the pronosed house, He also shoiaed diagrams of hoiv the house would be at zll viev�s, i�r. I3edlund also shorred a diagram of a third house nlan (Pla.n C), He said that the house rrould need no sunporting columns and that he t�rould use joist beams and that�the house on the main level vfould be more open, He said that Plan C tivould also be a split-entry type house and tRrould be 20 x 40 feet, Mr, Kemper asked ivhere the second entrance/exit tivould be located, P4r, Iiedlund said that there wculd be only one door, Mr. Hedlund asited if he i��ould have to provide for off-street parking. Mr. Holden said that he would have to provide for at least one off-street parking space. Mr, Hedlund then explained on the diagrams �•ihere he tvould provide for that off-street parking, He said that it l�aould most likely be to the rear of the house, off the alley, Ms. Gabel said that if in the future, the oti+mer of the house �t�ould rrant to construct a garage on the property, that person evould need variances, Mr. Holden indicated that for sure they vrould need a side-yard setback variance, Chairperson Schnabel asked that if a garage �vas put in the rear yard, if it rrould be f'igured in with the 25°6 lot coverage requirement. Mr. Holden said that it would have to be figured into the let covera�e reouirement. He said that the tiouse i:�ould be 20 x 40 feet, anci if the garage taould be 2?_ x 22 feet double- car �arage) that the person �vould actually need to request two variances, One to deviate from the lot coverage code and the other for the side yard setback deviatian. � � Ms. Gabel asked ti�rhat the price of the neti��-pZanned house e�oulc� be (P1anU T3 F: C) � Mr. Hedlund said that the ccnstruct:_on costs would be about the same, He said that the tuck-under garage would have utilized some of the basement level of the house. He said that in the nev� plans, the house rrould just have �ore basEment space, He said that the pri.ce of any cf the Plans that he had tivould be approximately �{45,000, Mr. IIedlund indicated that he still felt that the original plan (P1an A) that he had for a tuck-utider �arage style split- entry house r�as the best plan, He said that the garage rrould already be available and the r,eople �•�ould have the same amount of livin� Upace on the main level, FIe said that the people vrould just have less space in the basement level, Chairperson Schnabel pointed out that by builciing one the the nelr plans (Plan B or C), Mr, fIecllund would eliminate one of the variance requests, the reduction in minimum square footaqe on the lower level. I�Ir, Hedlund said that he vras a,•rare of that, He said that he rrould gladly build-any of the proposed plans, Chairperson Schnabel reiterated the plans that had been presented; . Plan A rras the original plan shown on December 13, 19'77, Tuck-Ui�der �;arage� split-entry style house �liat �:�ould be 20 x 48 feet or 960 square feet. . Plan B 1+as a plan for a split-entry style house �;�ith no garage, The house vrould be 20 x 42 feet or 840 square . Plan C �vas a plan for a split-entry style house e.�i+h no garage, The house taould be 20 x y.0 feet or 800 square feet, feet, She pointed out that both PLAN B& PZAAT C ivould provide for off-street parking for one car. Mr. Holden felt that the $$1�5,000 price for the house seemed high, He said that the house could possibly be built for a much loti•aer price bracket. Iie said that the price should probably be betiaeen $35,OG0 and $40,000 m�imum. Nr. Hedlund said that he only used the best materials. He said he would use triple-glazed glass on all the r�indorrs, He said he rrould install good carpeting and light fiYtures and some convenienceitems, Iie said that it could deaend on e�h�.t the buyer would actually �rant, but that if he built the house to his otvn standards� that the �1+5,000 price tivas a fair price. 541 5 ;; Chairperson Schnabel asked if the house would be built on speculation� P�r. Hedlund said that it l�ras specuJ.ative; that he had no buyer as yet. Chairperson Schnabel pointed out that a petition had been received at the December i3, 19']7 Appea.ls Commi�sion meeting, She said that the petition read "l7e the unders:igned dc not a�ree vtith the changes requested for 4800-3rd Street Pd��' She said that there ��ere several narnes on the petition. She asked if there were any additional names to acid to the petition, Mr. Thorson of 1+775 Third Street Ni; said that it vras the toltheeblocknthatyhealivedein.laHeeslazd thlt allethehpeoplet�ho had signed the petition still felt the same way, rTr, fIenry ,tarshall of 47�0 Third Street DIE; Mr, Stanley Thorson t1rs, Stanley Thorson, and Lorette Thorson of 4�75 Third Street NE; and Mr, & r1rs, Joseph Sini�a�lio of 1�71�j Third Street NE ivere all present at the meeting, Chairperson Schnabel asiced if the neighbors present at the meeting felt any better about the ne�J b1anG_ I�ir. Thorson said that he thougA.t ihe nerr plans •�fere definitely be{:ter. He said he didn't like the fact the house t•�ould huee no gara�e. He felt that there �•rould still be a lot of ccm�us�on and problems r�ith parking, He said that as far as the plans for the house, the nev� plans (Plans B& C) iaere definitely nicer, Ms. Thorson said that cars parked on the street at that corner �rould only be inviting problems, She said that at the present ti:ae "�args" gathered at that corner. She saici that the buyers of that house rJOUld have many vandalism probler.is if they park a car on that street at that location al1 the time, Chairperson Schnabel pointed out that the safety of cars he house,tySheusaidethat theaen���ouldhbepeople that purchased o�vners erould have to deal v�ith themselvespr�Shema�aintstatedew that the codes only required that off-str.eet parking for one car had to be provided, _ Chairperson Schnabel indicated that it ..was before too long the buyers of the house lrould a�arage, She said that it e✓as becomin� more commoa person to requect permissio t assumed that construct for a until a later date, She saidnthetrequest�satvere�madenbecausehouse of the risin� costs of buildin,; houses, She s�id th:,t buildin;; the ;;; r,�Uc at a later date helped to defer the initi� 1 cost of the construction. 5Y Chairperson tichnabel :�aid that eho had talked to the neighbor at 1+80& Third Street PIL', She said th�t ehe explai_ned the situation to the nei�hbor and asked if that neighbor had attempted to bid on the lot a.t 4800 1^hird Street NE, Ms. Schnabel said that the perUon indicated they had lived in the house £or a number of need�fordadditional�lano,r The1neighborldidtnot��ranttany moaeno land to take care of and tnat mas the main reason they did not bid on the lot, The person at 4803 'Phird Street P7T indicated that they had not signe�: the petition because they v�anted a house to be built on zhe lot� Chairperson Schnabel said that she also talked to a Realtor regarding a house that rtas being sold in the area to inquire about the avera�e price ran�;e for the neighborhood, The address of the house was 1�6Zf1+ Second utreet NE, She said that the hpuse did not ha.ve a garage. She said ihat the realtor indicated that it rrould depend upon the maintenance of the d�:�ell_in� and the amenities� but that basica.11� the selling price mould be betr;een �G38,000 and $�y.�,000. She said that the house i�as 7�1� square feet on each level. She said that the house r�as located on an BO foot lot. Chairperson Schnabel said that at the Decenber 13, 19'77, Appeal.s Comnission meeting three questions had been brought up regarding building on 40 foot Zots, f•1r, Holden s�id that he had talked ta the City A+torney regardin� those auestions, He said that since the questions were hypothetical, the l�,ttorney could only anstiver to the best of his ability, �?uestion 1: In the event there ti�rould be a major disa.ster on an existing structure on a 40-foot lot, tirould the property o�•�ner be allor�ed to re-build on the lot? Chairperson Schnabel said that the person l�,rho orrned the structure ti+rould def�nitely have a hardship, She said that the Comr�isUion ti���uld carefully revieva the item and would probably grant the variance tc enable tne property oi�mer to reconstruct a similar home on the lot, �uestion 2: Tf a developer ormed an 80 foot lot, vrould that developer be able to request a lot split and build t��ro houses, one on each 1�0 foot parcel of land� rather than constructin� one house on the 8d foot lot? P4r, IIolden indicated that the City Attorney basicaliy s�id that the anst�rer rrould be NO the lot could not be split. He said th�t it r;ould have to go before the r:ppeals Cv��r.ti��i�n ;;n� ;,.^izld h.;ve to be hearci on its c:��n r.teri_ts. The :1tt�rney had sa5_d that very liI:ely the lot e�ould not be split if it tvas an interior lot. He said that if the request mas identical to a situation that already Fiad been granted �z variance to split an 80 foot lot, a prcceJen± r;oulr, have Ucen set, and the request ::�oulc� likely be �ranted� 5Z Mr. Kemper pointed out that the Commission ti�rouldn't look at the request an,y differently than the present reques� bein� considered, fIe �aid that any person could appear before the ApnealU Commi��ion and make the request to split an 80 foot lot into trro 40 foot lots. - �uestion 3• In the event there ia�ould be a major disaster and a house on an 80 foot lot r�as destroyed, could the olaner of the B0 foot lot request a lot split and reconstruct t��ro houses, one on each of the 1�0 foot parcel of land rather _ than reconstructing the one house on the 80 foot lot? 24r. Holden said that the City 1lttorney had sa.id the ansr✓er r�ould most likely be N0, the reasons being because of the lvay the area had been developed in the past; because the r�ay the selaer and ti��ater r�as structurally set up in the areae He had said that the area t��as primarily set up far 80-foot lot development, Ms, Thorson said that the Appeals Commission vJas double tal'_3ing the codes, The Comr�ission had said that an i30 foot Iot couldn't be split into tr�o t�0 foot lots because of hoti•r the tvater and sei•rer systems vere set up; she wanted to kno�� i�hy the petitioner could request to have water and sel*�er connected to the y0 foot lot in question. r4r, Kemper again pointed out to the audience tha� tue situation �aould be no different for them as it ��ras for Mr. Iied2und, He said that the people rrould have.the opportunity to appeal any ruling made. He said anyone had the right to go before the Appeals Commission rrith any request to split their property. He said that ti•rhether or not it riould be granted �vould be based on the situation. Mr. Holden said that a person had the right to appeal anyzoning codes and ask for a variance, Chairperson Schnabel said that ihere tivas an Apneals Commission in the City of Fridley in order to handle any requests fron people vrho i✓ish to deviate from the existing ordinances. She said that the City could not deny the person the right to make a request; hoi�ever, she said that it tvas only the right to h1AK� the reauest and that the request r�ould not have to be honored, She said that first the variance request l��ould have to be made, then it had to be revier�ed; and if the request �•�as denied it trould be because the request ivas not in the best interest of the Public health, safety and welfare, She said that if the request did not infringe on the Public health, safety and t�elfare, tken very liltely the request r�ould 'oe approved, She indicated that either rray, the citizens did have a right to make a variance request. s aa ��. Mr. Thorson said that there was already a house on y7th Avenue that haa been buil.t on a sma11 lo't. IIe ST�anted to ltnorr i•rhat c�ould happen to the ti•�ater ana setver systemU in the area if after a couple of years people started huildin� on a"11 the lots in the area. He didn't feel tha.t the present system vJOUld be able to handle many nore new houses, I3e also r�anted to knor� i�rho v�ould have to pay the taxes if the City had to go into the area and redo the v�hole sewer/vrater system, Chairpersor� Schnabel sai_d that that r�as some of the things the llppeals Conimission had te seriously consider. t4r, Thorson asked if all the water and serrer connections had been checked out and if they v�ere adequate for the area, P1r, F�olden said that the checked and that it r�ould not a11 the er.isting 80 foct lots constructed on e�ch of the y0 raould happen, then definitely be over-burdened. rrater and setver systems had been be an eacessive burden unless riere split and houses !�rere foot lots. He said if that the i=rater and serrer systems vrould Mr, rfarshall said that the City Attorney had given one of the rea�ons for not allol�ring 80 foot lots to be split ti�raU because the area v�as primarily set up for 80 foot lot developr.nent, He tvanteu to knorr rihy a nerr house could be constructed on z�0 foot lot and connected to the �rater and se�aer system. Mrs. Thorson said that if the present req_uest ti+ras apprcved, that there c;ould probably be three additional houses constructed on their block alone. She felt at tT^.at noint it i�rould put a burden on the existing water and sevrer systems, Ms, Thorson said that there lvould acivally be five houses constructed ir. the neiohborhood in general, She said that if time was taken to really lock arotm d, there e�ould probably be even more 40 foot lots available for development, Mr. r4arshall referenced a lot that was located next to �+775 Third Street N]'s. He said that there had been talk of possibly vacatin� 48th Avenue, He said that the person living at 1�Fi03 ihird Street PTL already had the garage accessing off of 1�$th Avenue, He said that if 48th Avenue r�ere vacated, that person uould have to arrange to shovel his r�ay all the distance to Third Street, He tivanted to knoiv hoiv that rrould be handled, rir. Holden said that r�hen a vacation t��as requested for a street that generally the person making the rep_uest ���ould irork out an a�reeable arrangement �rith the neighbors as to the nrublem of Lettin, �ccess to ,�r4gcs or �✓h^tever, He s�iu it isculd li;ive to be a personal thin�, �rorked out betrreen tlie parties concerned. 5 BB APPPALS COI�'ti�IZSu70iJ Tii?'?TIP1G - JAMU'1RY 24, 197g pa�e o Mr. Sinig�.�lio of 4715 Third Street Ni; said that it ��as possible there ��ras service n..d.er �F�;;h llvenue, Iie t�ranted to knorr if that rrouid effect the vacati_om of the stre�t, Mr. Fiolden said that if someone reques{;ed a vacation of 48th l�venue t�,nd ther� �ras service under the Utreet, that very possibly it could no1; be vacated, Pir, Thorson vranted to knoNr hor� much �vas paid for the lot that rras locate� ner,t to his lot, Chairperson Schnabel indicated that the lot next to A4r. Thorson ��ras not being discussed at that time. �r. Sinigaglio s�.d that his 18 year old son purchased the lot for �3,500. t•ir. Thorson saic: that he had received a letter from the tlnoka County Assessor indicatin� that tne land rrould be auctioned off and that the :Lots c�ere unt�uildable. FIe tiranted to kno;�i tvhy Mr. Hedlund felt he could build on lots that had been described as Unbuildable. IIe also t��anted to knol�r hor� much ilr. Hedlund paid for the lot, Chairperson Schnabel said that the lot at 4800 ^lhird Street Nr sold for 9d800. i•fr. Thorson doubted that nrice, Mr, Hedlund said that he only paid �800 for the 1ot, Chairperson Schnabel said that it tivas in the records that Mr. Plemel indicated that the lot was sold for �x�300, t4r, Holden said that he checked and the 56800 selling price corresponded rrith the of£icial records from Anoka Ccunty, Mr. Barna said that the .'lttorney had given one reason that the established 80 foot lot� could not be split into trro 1�0 foot lots because it rras not the established usa�e of the neighborb.00d and of the lots. He said that the established usage of the lots in that nei�hborhood c�as for multiples of t�0 foot lots, P•ir. Holden said that the Attorney had been asked a hypothetical question and it had been di£ficult for hir� to anst�rer because of the variables involved, Air. `PhorUon i:�anted to be on public record as sayin� that he rras not goin� to be liable for an1 more taxes that took place because of over-burdened �aater and serrer systems, T;e �:�as afraid that it r:ould lic,p,�en very soon once they st�rt buildin;; on e�,�ery piece of lan�k in esi:,tence and he rJOUld not pay any taxes that tfould be levied to pay for updating the water and se�ver systems, APPPALS CCI4P4ISSIOId MTs�;TIPi� - JANUARY 2L 1 8 Pa e 10 5 �� �� Mr. Sini�a�lio aaid that the storm sewer system had just been updated in 1961+, TIe felt that the system rras adequate to take care of the er.iUting population in the area. Mr. Holden sa.id that adding additional homes �JOUld not affe�t the storm Ue�ver system. Chairperson Schnabel said that she had �one back throu�h the report published by the ,Ietrc,politan Council and the Association of tletropolitan I�unicipalities that dealt with residential zoning orciinances dated t•taJ �977. She said she had rJanted to get a feel as to i•�hat r�as hapnening in the metro area in terms of lot size�, She summarzzed the findings as they dealt rrith lot sizes for single fami.ly homes, The Commission that made ti�e studies surveyed 81 metropolitan communities. bf the 81 communities that t�ere surveyed, five communiti.es had a ninimum lot size of 4,000 to 5,999 square feet, Those five ccmmun:itir.:, i,ere ilinr.ea.rooiis, St. Paul, Ilorth �t. Paul, Cclumbia Heights, anci Robbinsciale, She said that those five cor.�munities represented 6,2%, of the total 81 cor�munitieso The balance of the communities req_uired miniraum lot sizes of 6,000 square feet or more� up to 22,000 square feet, Cnairperson Schnabe]. said that of the 81 communities, tl-ie median lot size t�as 10,000 square feet minimum. She said that the existing Fridley code 1•ras g,000 UGuare feet minimum, She poi_nted out that iridley's code r�as :,lightly less than the m�dian lot size in the �1 communities surveyed, Chairperson Schnabel 'nad felt it was necessar;* to bring out these iteme because a�revious reference had 'been made as to lot sizes in the area, hfr. Hedlund felt that P4s, Schnabel's information l�ras confused, ile said that most communities had existin� plats and ne�r plats. Iie r✓anted to kno�� ¢rhich plats the survey had used� Chairperson Schnabel a.ssumed the findings had been based on the existing codes/plats. Mr, Holden said that it would depend on hotia the person conducting the survey stated the question. He said that Fridley i•rould have tti��o different anstvers depending on horr the question r�aU stated, Ae said that tne lot sizes based on new plats in the City of Fridley e�ould be 9,000 square feet, Ho�vever, he said that on p;ats 'exis£ing before 1'955, the minimum square footage was 7,500. 5 DD i� Mr. He�lund quoted an item from Pa�e 10 of the Advisory Standards for Land Use Regulation report, "COPdCJ�USIOPt: The hi�h cost cf land is one of the reasons for the hi�h cost of homes and, consequently, fee�er and ier;er people are able to purchase market rate housin�, In �eneral, larger lot s�ze adds not • only to the iniiial cost of the lanc� but al�o increases utility and support service costs.11 rir. Aedlund said that in some areas 40 foot lots should not be developed on, Horrever, he felt that the area under consideration i•�as a good are� to develop 40 foot lots, Mr. Barna said that Mr. Hedlund had stated on December 13, 1977, that unless he could build on the lots, being he rrould have to pay the taxes, he rrould not receive any return from the propert�. IIe asked if Iir, Iiedlund had been informed that the lots �Jere unbuildable lots, Pir. FIedlund said that he knei� the lots r�ere considered unbuildable lots rrhen he purchased them, iROTION by N1r. Barna, seconded by P�Is, Gabel, to close the Public fIearing, Unon a voice vote, all voting aye, the raotion carrie3 unanimously, The Public Hearin� vras closed �at �3; j3 P,t•i, Mr. Holden said that the City �ssessor had e�timated the value of the lot at ;6,000, IF it �✓as a buildable lot, Mr. I�edlund asked about the 566,000 estimate. t4r. Kemper said that there �•rere so fetv buil,dable lots left in the City of Fridley and he i•ras sure�that was one of the reasons for the inflated estimated price given for that lot. Chairperson Schnabel said that in revieti�ring the minutes of the DeceMber 13, T977, meeting, tr�o of the neighbors had indicated that they rianted to see an alternative house plan, She said that Mr, Hedlund had shoi�m t�io al+.ernative plans, She said that the plans ��ere paiatable to ti:e neighbors and preferred over the original plan, She said that the alternative pians rrould be built �•rith no garage and that in the event a garage riould be built at a later aate, at least tr�o additional variances rrould have to be rec,uested. She said that at the present time {:he renue�t for a variance to :educe the minimum square fcota&e of the lot still had to be considered, She asked if AIr, iledlund still r�anted the original plan (Plan A) to be considered by tne "�r��enle Cor.�Mis:;ion. APP?'sALS COP11�fIS;IOP•I Mr;';TIrIG - JRNUARY ?!+, 197$ Pa�e 1Z $ EE T4r. IIedlund felt that the eri�inal nlan (Plan A) vas really the best plan and that he r;anted it to be consiclered, Chairperson Schnabel said sne had problems vrith the fact that a.11 the variances ,�ere ��zmped to�eiher in one variance request. She felt that the request ±o reduce the lot size should have been separate from the other variance requests. Mr. Kemper agreed because there r�ere different public purposes served by each of the variances being requested. Mr. Holden said that it vas up to the Appeals Commission if they rranted to handle each of the variances separately, t•Ir, ICemper sa.id he ��as distiLrbed by the fact that the petitioner haon't shoc;� a real ha.rdship in this particular in�tance other than the one that r�a-s self-inFlS_cter,, ;?e fe].t tha.t there rras no harciUiziro involved and �rrithout e, hardUhip, there could be no variance request, i4U. Gabe1 said that granting a variance ha� been ali�ays based on proven harcl�hip. i•4r. Barna agreed that since rir. Hedlund kne�:� the lots v;ere unbuildable, he really didn't have a hardship other than a self-imposed hardship, C1Lairperson Schnabel said that ihe burden of proof of hardsnip i^�as on the petitioner. She sa-id that . applied for an,y variances that ti:�ent before the Appeals Commission. She said A1r. Hedlund bid on and purchased the lots that he had been infcrMed rrere unbuilclable lots because they didn't meet the zoning ordinances and Air, Hedlund statied that he understood thai; at the tir�e of purchase, a'he didn't feel he had estabiished any undue hardsnip, She said the fact that there eras no existing structure and the fact that the City, because of zoning ordinances, considerecl the lots as unbuildabZe made it difficult to understand �vhy P4r, Hedlund purchased the lots in the first place �nd rrhy he tvas requesting to build on the lots now. P1r. Hedlund felt that the "unbuildable" issue ti•ras getting t���isted, he said he had infor;�ation from the City as to the size of lets considered buildable. FIe said that he had never actually been told that the lots r�ere not buildable lots, Chairperson Schnabel said that the Public Notices that ���ere in tne � e;pers �tated that the person shoulr, checl: �:�ith the Plunicipalities, She said thzt t�rhen the City turned the lots over to the County, the listing that accompanied them clearly state � that t17e lots �houlci be sold at Yubl.ic ;uct�.��n by the C: t:iit5� �nd rrit2i the stipulution "P;OT il f�IIII,D:.T3T,:, SIT:;��, 11PPPAJ�S COI�iMI �SION MF.LTITI!3 - JANiTARY 21F1 19�g Pal�e i 3 5 FF I�r. Hedlund ,aid th��t the County never said t:�ose rrords to him, Iie said that he �ru � a.iistre that the lot� rrere not bu5.ldable unless certain "things" r�ere done. Ife ?cnerr he erould have some prohlems because he had been told on the day of the Auction that there ciould possibly be problems involved. Mr, Iiedlund said that the County AT�V�R said that the lots v✓ere not builclable. Mr. Hedlund eaid that the lots he purchased rrere plotted lots that rrere serviced by ti�rater and se���er, P4r. Marshall didn't think that people had to build on every piece of e;:i�tin� proper�y. He said it r�asn't ri�ht building on those cmall lots, Chairperson a"chnabel said that in �g69 the City of Fridley had deterr.iined that the reouired lot size iaould be 9,000 scuare feet rnininui:�, She said that that raas adopted in the 'Lcnin� Grainance by the City of I'ridley, She said that in 1976 the City had taken another lool� at sub-standard lots and had determined that there i�rere a nuMber of lots that r:ere 50 feet �•�ide that could be built on rrith special requests. She said it r�as decided that build.ing ��ould not be permitted on anything less than a 50 foot lot, The Public health, safety and rtelfare tivas conUide'red in thz� criteria �nd it t�ras determinec? that the City of Fridley rianted 9,000 sc�uare feet minimum for a lot. Chairperson Schnabel said that at one time 1�0 foot lots ��tere considered as nossible lots io construct lorr income housing, but rrith the risin� costs oi construction for net:� houses, lol�r income housing rras almost impossible, She stated a�ain that the City o£ I'ridley felt that any lots with less than 50 foot frontages n�ere not buildable lots. She said it has been a consistent pattern ever since thut Lonin� Ordir.a.nce r:�s adonted. A4r. Holden asked if anyone else at the meeting had attended the auction of the lots, Pirs, Thorsen sai.d that she had been informed by a person sitting behind a long table located in the Corridor that the lot she rranted to bid on ��.as �'an unbuilnable lot", Mr, Sinigu�lio said that he had never been told that the lots ctere unbuildable lots. ?ir. Thorsen said that r�hen he got the letter regarding thc let auction� he called and inquired e�bcut the lot tliat er�s adjacent to his property. Iie said that he r�as told at that time tl:^t the Zot �°�;� ur_buildable, � A1r. IIedlund tiaid that he rras never specifica.11y told by Anolta County that tr.e lots t�ere �'unbuildable lotst�, 13r, tledlund s�id tha_t he had been told that the lots had some limitations� iie said i;hat mosi; of his information had been heresay; but he �.�anted it made clear that he had not been told by Anoka County that the lots i:�er•e not buildable� P4r. I3edlund said that to develop property that cost �b6,000 and then put in all the asUessmentsJ the price iaas too high even before a lzouse r;as constructecl. He said that Fridley still had useable land an� he proposed to build a good house that �;rould be conpatible riith the are", He said that the �erson ner,t to the property didn't n�ind if he put a house on that lot and he cculdn�t urclerstand r�hy the Commission should. care. He feli that the City ,;:as 1ega11J r:ron;; in nrohibitin1 neople from builcinb on <<0 foot lots, fIe said t11at the Ci�y had the codes, but he felt the codes r�ere not leoal. He said that the City rras being too tough on contractors and builders. He said that people need a place to live. Chairperson Schnabel said that the real question ��as not the argument that +he nezt door neighbor iaould like a house constructed on that lot; she aaid tha.t the real quest:ion r;as -�0 �.� T.I_� CITY GF F'isIJL1�Y ':7Ia^;I TO OP^li JP FiLL IiQ Fr' �' She said that once u person �.-ra;� allo;ted i;o�ild on�a 40Tfooi; iot all �0 £oot lots t;�ould probably have to be ��opened up�r, She saicl that the question really involved all the existing lots in the City of i'ridley un� not just P�ir, FIedlund�s lots, Mr. Hedlund said that people want p'laces to live and that the City •:�rould have to atart allor,ind buildin� on sub- stand.ard lotU, Mr. Sinigaglio asked tvh,y the City made to the County for the liquidati.on of tl�e taY Chairperson Schnabel saic? that some of the monies that had been put Mr, Plemel explained a procedure that had been the lots availabe forfeited property, the City was trying to retrieve toti�ard� the lots, that the City of Pridle� established by the State rir. Holden. read Pxhibit P�4-N from the December "Lj1JE�?.G �:On�Tl.iS.'.OYI P.1B�t111�• It l^.AS a Ietter t0 t�^iE from the City .,ttorney dlted July u� 1977. had i;o follotiv of Minnesota, �3, �977 City Councii 5 GG 5 HH "Rl�; GUI')';LITdi.; i��R TIIF. DI�PO�ITION OI' TAX-PORFEIT_sD PRQPisRTI?sN The City Council had discussecl the feasibility and desirability of acquiring certain ta;-forfeited lots from Anol;a County and selling the same to -- individuals r�ho can demonstrate that they car. use said i;a;�-forfeited lots in conjunction ciith other adjacent property, and, as such, form � suitable buildin� site, The council had been relucta.nt to allova the county to sell ta�-forf�ited lots that do not meet the minimum 1ot size. The purpose behind the plan of the city to acquire substanc�ard lots is to permit these letc to be jr�ined �•✓ith adjacent properties in orcier to forn a � If thie rolan is successful, theeeffectlofbitlaouldsbee� to remove substand..rd lots fror� the tax-forfeited list aird to place the property in private o•.•rnershib vrherein the various governmental units r;ould derive t� Payments. �� �vas received�fromXthelsalel�ofttheplots,� i��ith the money that PlOTICi�1 by rqs, Gabel, seconded b� Air. Kerriper to deny the request for variances of the I'ric�ley City Code a.s I'ollo:;s: ,5ection 205.�53, lr, to reciuce the lot area require� for a 1ot recorded before December 29, 1957, from 7500 sauare Feet to 5?�8 snuare feet; anci Section 205,054�t�B,5a, to reduce the req_uired side yard ;,-iath on a street side of a corner lct fron �7.5 feet to 12 .feet; a.nd Section 205,p53, 2a, to reduce the minimum lot e�idth from 50 feet to 40 feet; and Section 205,054, 4, to reduce the minimum equare footage on the upner t;�ro floors of a split entr�T design house fron 768 feet to 32� square feet on the loti•�er level; and Sectien 205,05.3, L,B, to reduce the side yard adjoinin� living area from the requi•red 10 feet to 8 feet, all to allo�a the construction of a house and attached garage, to be located on Lot 15, Block 2, Plymouth Addition, the same being 4II00 Third Street Pi�, Pridley, MTd, Pfs. Gabel said that the reasons i'or her motion lvere: �. Fridley rias 95°o developed and there.r.�as a need to maintain a consistency and that e�as rrhat the co�es r�ere for - to see tliat the Comr,•iunity developed in a consistent manner, The consistency served the previous pro�erty crmers ^.s rrell as the comMUnity, 2. 1'le need to provide some open spaces. ..'�. Reduce croi:rdin� in terns of fire, 4• T1Te house rtas not compatiUle lritii the exist�.n� nomes in the neighborhood. 5 II N P�t ,�;TIT'G - L'r.iUARY ? 197�i_ Pa�e 1 5. Shc felt it r�ould set a Bl,D precedent, City had talked in great 7.ength reeard�_ng not Uuilding on �.0 foot lots ana it rras apparent tha.t it r,as not a desire of the C9.ty, 6. It had been cliscuUsed at other meetings that there �:�as a desirability of garages for houses. She said that ��rhen, anci if, a. �ara�e ��JOUld be desirable for the lot, it i�rouZcl a�ain probably need tr�o variances, 7. She said a hardship had not been established, She said that if there r:as a hardship that it etas a self-ir:n�osed h�:rd.shin becau �e i;he petitioner had been ar;arc he r;ould have potentiul probler,�s, 8. The house r.�ould be built too close to a corner, It �%^uld. Ue a potential visual proble� becau�e of the sid.e ��ard variance on a corner lot, 9. The nei�hbors have stated their objections to the builclin� of the house, She felt that City should be concerned �,iith the people that built/bought in that area, believing there rrould be sor,�e open spaces around them, UPON .A VOICE VOT�,, Mr, Kemper, Ms, Schnabel and PZs, Gabel voting aye; tir, Barna votir.g xiay, tne motion carried, Mr. Barna explained that the reason for his voting nay �vere: 1. fie 1•�as ar�are ef an almost identical house as the proposed one that rras located on a 50 foot 1_ot. He said that the drivee�ay on that lot was to the side of the house and that the area did not give the appearance of being over-crorrded, 2. He szid that at Giencoe and iast River Road there ::�as a house situo,ted apnroxiMatel.� the same distance from the corner as the proposed house rfould be and that house posed no potential traffice problems, 3. He agreed uith Nir, Aedlund tha+. the costs of lots and houses itere very high all over, Air, Barna said thzt he a;rezd r�ith the motion thzt a hardship had not been justified, tuelPl�nnin,rSchn�bel_�aid that the recommend.ation r,ould �o tc „ Coi7miU.�ion on reUruary 3, 1973 and be forcrarded onto City Council on Pebruary 2_'], 197S. She said that the City Council may cpen the meetin� en thnt r_i�ht, or set a future date for c:�uLlic he ;rin;;, u'�e said ih,at �11 the minutes, recu:�:::enc,:�:t:ions, and all in£err.�ation ;roul��i be iorrrareded on to the City Council in a file for their reviecv, � APP�,�I,S COPiMI ��ION MrI:1TIldG - Jf�NUARY 2 1 B pa .E � S �� � Chairperaori Schnabel declared a ten minute break at 9:47 P.r-f. 2, COPdTINUx,D: R1�;nU'�sT I'OR U,�t�IAIdC_�'N � OP THE P:?ID; T'Y CITY C011^ A � I'OI,L6",!ti; • S?�CTIO?I .?_0).05�r 1L'� TO R'�DUCE TLIi: LOT AR�:fl P,?QUIRyD � �;� ; �.- ,.�� . � , . _ _. �t;l. . .. !i..:�:• .�.',.�:,... ... � .,, . _ _ . � S^CTIOTt 205.05 j, 2r3 � mC n-:; ,tJCE TfT.F�' MIPdIP•IUM LQT ','!ID`"II rROt�1 � �' �r_1..�7 .....�. _.... :,st;��tu:; zU9.05>� 1F3 'iQ ;"77UCi� �iIi_. SIDL Y!iRD f,DJCIi?I.iG T.'i � . *.,r .� � . .. ��n�,-. . . ,,. _. - . .— _ . `1�;.'� �:�_ 1a T n TO '^1LL0'.7 T r�r �'mIZUC_ IOi•; OF A HOUS ; raPi?� l:TT�;C:?'i?D n,• qV\ '.'p r..�..i,...� ,_" ' ' ` . (P, ;�Ui,ST BY GC1,���I `_i�.DLU:ID� 1255 F'Ii» L!'�I{L DRIV';, '?';',� �3??IGI:TO??� Piid j�112). Chairpersou Sclin�uel �aid tl?at the p.revious statm�nt� regardii�g t4r. P1e�r,�l ar.d P�tr, Kenper applied l��ith the Gbcve variance re_uests also, Mr, Holden explained that the re:auest �aas similar to the previous renuest in that it t;as a corner lot that rras anrroxinately 1�0 feet :•;ide and 1j0 feet deep, He sai:l tha.t he had 'oeen surpri�ed to find that the distance to adj�cent house rras ?_3 feet, IIe said that the proposed house v�ould be in line with the otner houses in the neighborhood, He said th�.t the lot in question rras eUer.ti_a115� flat, IIe sai d it rras sit�lilar to the previous 1ot because it had an alley to the reax• of the lot that could serve the gara�e or the of.f-street parkin�, He said that the same three nlans could be considered for the lot, but that t•ir, Hedlund nreferred to construct Plan A, P1r. Holden pointed out to f•i:, Hedlund that iiain Street tivas a very tr�veled street and that he should consider any ingress and egress from the prcperty to.be from 1�7th elvenue, � 4687 t1ain Street N.E. A. PU6LIC pURpOSE S[fct�ED �Y REQUTR�t9E�dT; 1. Section 205.053, 1Q, Lot area requirer�ent of 7500 square feet 2. Section 205.053, 26, Lot �r?dth of not less ttian 50 feet .�� Pubiic piirpose served by tfiese tttio sections is to a��oid the condition of overcrowding of the residential neighborhood, to avoid excess burden on the existing water and sewer services, artd avoid reduction of surrounding property valu2s. 3. Section 205.053, 46, 5a, Corner lot side yard setback of 17.5 feet for living area of structure Public puroose served is to maintain fligfier degree of traffic visibility and reduce the line of sight encroachment into the neighbor's front yard. 4. Section 205.053, 46, Side yard setback adjoining 7iving area of 10 feet Public purpose served is to proti=ide space bet���een individual structures so as io guard against radiant heat whir.h would spread a fire from c,ne structure to anothe�, to provide sufficient access into the rear ya;d for emergency purposes, ard to reduce the condition of overcrowding of the residential neighborhood. 5. Section 2050054, 4, Minimum of 768 square feet of gross flcor area in each of the upper two 7evels provided for a house ofi the split entry des5gn Public purpose served is to provide for adequate house size and living area in residential 6uildings. B. STATCD l��RDSHIP: Lot is unbuilda6le witho�t listed variances. C. AIWI�dISTRATIVF STAFF REVIE41: The petitioner, t�1r. Ned7und, recently purchased the 1ot:in question. Ne vias told by the Ceunty officials at the public auction in Anoka, as ti�re)1 as the Fridley City staff, that this lot was considered unbui7able, h4r. Hedlund was also inforned that to the tiest of our knowledge, the City Council hasn't permitted anyone to develop 40 foot lots in Fridley since the adoption of the weereferZthenCommissionnto the3exhibitstfound in the var ance�application. 5 KK � Chairperson Schnabel �aid that she had attempted to contact the o�Jners of the house adjacent to tne lot, but was not able to do so, She said that sne didn�t know if that person had tried to purchase the lot or not, Mr, Hedlund shov�ed the �iagrams of the house he proposed to build on the 1ot, He said that he v�anted to build Plan A. He said that he rJanted to have the front of the house to face the open aree�. located acress the street, He said that the attitude of the area rras different than the first iter�, fIe pointed out there tivere some doublerbungalov�s located on Main Street as well as other multiple d���ellings, P-4r, Hedlund explained that the house cJOUld anpear a little different than on the first lot, He said that he ti•;ould have two garage doors instead of the one ar.d that the house ��iould have a"dutch" roof, He pointed tha.t that even thou�h the house v�as considered a tr�o-story, split-entry hause, the roof line i•�ould probably be loti�er than most of the houses in the area, Mr, Holc'en asked if Mr, Hedlund tis�ould consider buildin; a rambler-type house tivith a detached garage, P4r, Aedlund said that he would ccnsider a house v�ith a detached garage, He explained holv the floor plan could be changed in order to allora for a detaaheu garage, '?e �ointed out tnat the house he planned for t:ie lot i,�oula meet the 25/ lot coverage code, that it�shouldnbeaofftthe a11ey,�etHehfeltathat becauseeofurhe traffic on Main Street it rrould be more appealing to most people, Mr, Hedlund said that the County Y.ad put up "For Sale'� signs on all the lots that were to be auctioned off, He said that if someone wanted to bid on the lot, they would have inquired about them, Mr. Kemper asked what Mr. Hedlund paid for the lot, Mr. Hedlund said that he paid $700 for the lot, Mr, Barna felt that it tivas not a good idea to plan any driveway off of Main Street. Chairperson.Schnabel said that Main St.reet ivas a much traveled street and that it rras not i,�ise to have drive��rays zccessin� off of M��.in Street, 5 LL p; ! F,PPLALS COMMISSION �trT;TITIG - JAIdJ�1RY ?_C t 8 Pa e 1 5 MM Chairperson Schnabel ncir_ied out that most of the discussions that had taken place re�arding the first item ti�ere applicable to the present request. Mr. Kemper asked if there had been any neignbor objections for the particular lot. Chairperson Schnabel said that there had been no conversa.tionU or correspondence from any of the neighbors. Mr. Holden said that he had never received any input regarding the lot at 46II7 T•�ain Street PJ�. 140TI0?T by i�?r, ;arna., sec�nded by tir, F�emper, tc close the Public Fiearing, Upon a voice vote, aIl votin� aye, the motion carried unanimously, The Public Hearin� ��ia� c�oUed. at 10:18 p,M, �is, Gabel inrAica.ted that the particular lot s;as different than the other request and that the situation did seem more palatable, Hoiaever, she said that the house v�ould be constructed on a 40 foot lot and that ivas the r,iain problem she had �<<ith the request. Cha.irperr,on Schnabel said that the coraments made about the first requesL ��ere still applicable to the presenz request, Pir, Ker�ner pointed out that the one notable cxcention the r.equest l��as that there abpeared to be no neighborhood objections, He said that there were still code problems to considered, LO be P4r, Holden said that the estimated va].ue of the land. e.�as �5,300 if the lot r�ere a buildable lot, Mr, Barna said that it eias a slightly smaller lot on a busy street (Plain Street), MOTION by Ms, Gabel, seconded by p4r, Kemper, to deny the request for variances of the ��ridley City Code zs iolloc.�s: Section 205.053, 1, B, to reduce the lot area required for z lot recorded before December 29, t955, from 7500 square feet to 5064 square feet; and Section 205,054, 4, B, 5a, to reduce the required side yard tridth on a street side of a corner lot fron 17.5 feet to 11.25 feet; and Section 205,053, ZB, to reduce the miniraum lot r;icith from 50 feet ±0 39.25 feet; and Section ��5.�54, 4, to rec3uce the minimum square footage on the upper tivo floors of a split entry de�ign house from 768 square ieet to 320 square feet on the loti�er level; and Section 205.�5�, tFB, to reduce the side yard adjoinillg living area from the re�uired 10 fe�t to 8 feet, aIl t� allo��� the cunstruction of <, I�our^e �n= •;ttncheu �,,r•H�e to be locateu on Lot 30, Bluci; ?�, Pl��c��ut�i Addition, the same being t�687 Main Street NE, Fridley, riN t M�. Gabel said hez• reason fcr the motion to deny the requests rrere: �. Fridley r�as 95;� deve]_oped 2nd there ti•ras a need to maintain a continuity and that iaas What the codes r;ere for - to see that the Community cleveloped in a consistent manner, The consi_stency served the previous property o�mers as s•rell as the Community as a r�hole, 2. l'Je need to provide tiome open spaces, 3. Reduce cror�ding 5.n l;erms of fire, tf. Dependent on the hou�e plan used, there m�y be a laclt of compat��iliLy �,�ith the exi�ting homes in the nei�hborhooc?, i. She felt it rrould set a. B.aD precedent, City had talked in �reat lengths regarding not buildin� on 40 £oot Iots and it taas apparent that it r�as not a desire of the City of Pridley, 6. She said a hardship had not been established, She said that if there rras a hardship, it rras a self- imposed hardship because the petitioner had been ai��are he tvould have notential problems, 7. Gn this particular 7ot there rrould Ue potential traffic problems becuuse o° the driverray possibly , beinb accessed frem Tiai.n Street. A4r, because: 1. 2. 3. 4. 5. Barna said that he did not agree r�ith the motion There r�as a park located one block north of i;he property, so there r�as open space in the neighborhood� The houses tivould be 23 feet apart, therefore there �:�ould be no problems regarding safety factors, He did not feel that a 20 foot iride house ��ould be crorrding a 39.25 foot lot, He said that eaen though the design vrould be different than the hous�s in the nei�hborhood, nany areas had many varied designs of houses, He didn't think that i��as a negative aspect, FIe agreed that the prec�dent for the �zrca �.,�.s for lar�er lots but he said that, visua113�, there r;as not that much difference betv�een a 4� foot lot and a 50 foot lot. Ae pointed out that �n man,y in�t�nces, even 50 fo�t lot:: did Ueco::le over-cror;ciec:, 5 PJiJ 5 00 APPlil�LS COI�i�[I;uIOiI i�1T'�'TIIdG - Jl�NUl�Ry 24 19�8 P��e 21 UPON A VOICP VOTF., Mr. Kemper, h1s, Schnabel, and Ms. Gabel votin� aye; Mr, Barna votin� nay, the motion carried, Chairperson Schiia.bel sa.id that the recommendation to deny the .reques��s lvould to to the Planning Commission on I'ebruary 8, 1978 and be for�.•rarded onto City Council on February 27, 19'JB, She said tha.t the City Council r�ould either open the Meetin� that ni�ht to public discussion or set a future date for a Public Hearing, She said that all the minutes, recommendations, and information rrould Ue for�ra.rded to the City Council for their revierr, I4r. Plemel said tna.t the Count� had aclvised tiie people at the auction to checl� l�rit.h the Piunici�alities, I�e said that there had been 2'7 r.�unicipalities involve� i=�ith the tand a.uction, Iie sai^ th�,t the lots ��rere sold e;ith the only cor�r.ion factor that there �.:�ere no d.elinquent ta�.es and no unpaid specia.ls, T4r. SinigaUlio had questions regarding a vacation requ�st for 48th Avenue, Chairperson Schnabel told ,•ir, Sinigaglio to go to City FIall and talk to h1r, Jerry Boardman regarding the vacation request, Niro Barna felt that the City Council themselves brought these reouests aUout by losir.� control of the hand_ling cF the auctionin� of the 40 foot lets, Fie said that tlie original intent had been that the County ti•:ould handle the sUle to the City. fIe said thut at all ihe Cour_ci1 meetings he had. been ar�are of it had not been intended that all the uarcels r�ould be up ±o Public liuction, He said that the Council records i�roulc? shor; that he had brought up at one of the meetir.�s tliat the action could lead to troubles, anc? it has, Rir, Plemel said that the City had first chance to purchase the lots before the Public !'.uction. S•1s, Gabe1 said that it had been rliscussed, but that the City didn't ti•fant to be in the real esta.te busines�, Mr. Kemper v�anted to knorr if Mr, Sini�aglio r�as clear as to hotv to proceed to make a vacation request, Pir, Sinigaglio asked that ii he made thE request, and it tvas turned dotm, erould he be able to appeal the decision. ;1r. ::olden sraid that he r�ould huve to r;ait six r.�ontfic to reopen the discussion, :{r. ICa:���cr sai;i that iir, i�cUrum��n coulcl ,,nc;;cr c ny r,ucstiun tli� t he had. nPPrni,s cortrtzU�rnir r•tr-^rzrrc - Jr,truARY �c,, t�7� P� e 22 5 PP - r� Chairperson Schnabel s�.id that :in t971 there had been a request to build a house at c;.�00 Third :,treet, and that the request had been denied. 3. OTH�R BUSIP?i,�S: -- Mr. �Iolden said that T•ir, 0'Bannon i��ould be requesting the same variance for three separate 1ots, P•1r, 0'Lznnon rranted_ to knol�� if one fee could be �nade to cover all three of the variance requests, A4s, Gabel said that it was an administration issue, I�YD?; P�,RIi Mr, Holden said that there r:ould be many requests in future rneetin�s re;ard5.n� na.ri�in� in the Boulevard, IIe saia that Hyde Pasl, rrould be ;ettin� nerr Utreets anc most of the requests r✓ould be from the areas aiready zoned residertial. Chairperson Schnabel �:�anted to knoe:r rrhat the reoucyts r�ould be for, i•4r, Hold_en said that the requests e��ere for permission to park off the street but that tne only available place t;�ould ihen ee in the boulevard a.reas. I�1r, Holden said that the City had �ent letters to the people in the area inr.icating tYiat netr Utreets �rrouTd be put in and unless the people received variunces, the City taould install six inch curbs. IIe said that if the peonle ti:ere granted �ariances, the City i�toulci install trro inch curbs, COST OP HOU,SING Chairperson �chnabel indicated that there had been an article in the neL�;spaper reoarding the cost of housin�. She said that so�e studies had been done and it ha.d been determined that the �reatest value in housing r:�as in the older cities/communiti�s housing e�here people could buy the older homes for re�atively less amounts of money, She said that the houses usually needed a lot of repa.ir i?orl� done to them, Ciiairperson Schnabel said that a couple of the points that hed 'oeen m.a,ne in the article as to some of the directions that could be talcen r�ere: 1. "Cities must cut doi��n on the underbrush of regulatiors, nernit:;, •lnd s��ecir� L?��e:; ir,ip�ced on "rekiah" ct:i�^_ty, They ^hould en;ct s�p��s.��tc �hou,^in,, co;ies� f�:,r reh;:b�l.;_tn�Lcn, �omerrhat less strin�ent than those for ner� housin;,�� . __' . . .. __..._.... . .�,.�.�..vu. �. � i� O i81. e �� �aa 2. "Localities Utiould revi:se thcir tax codes so that families rrho improve tneir liomes needn'{: fear immediate, hi�h property-taz hikes, St. I�ouis offers a 10-year ubatement, for insi;ance, And on Boston's model, ci.ties should set up one-stop offices to help people i�iith rehabilitation problems.�� Chairperson Schnabel said that it had to be realizefl that a great cieal of the. i�iorli that vras being done on rehabilitation l•iae being done by the otimer, She said that maybe some of the codes are too stringent and possibly codes could be adopted thdt s�ere a little more lenient so that the home ovmer could bring the house into "safet;/" but not be burdened by great costs. Chairper�on �chna.bel Uaid that somethin� coulc' be con:,idered similar to the above suSgestions for the :Iyde Park are�. and other areas as r�ell, 1i?;JO Jri;t I;��I'T PIOTIOPT by NIr, Barria, seconded by t•1s, Gabe1, to adjourn the January 2C�, 197g, t�pFeals Conmission meeting, Upon a voice vote, all voting aye, tre motioa carried unan.imously, The meeting ��ras adjourned at �0:49 P.M, Respectfully submitted� I ����w�� t�aryLee Carhill Recording Secretary .( , „ .: �. 64� ; ; �8$p ` � ;4ti��9 -4s� �� : Q�57._ 4$� 9�� �844' C� �9 E3 � a3z' � � �. :. � ; � �d _ az j :�� �tv t7 ?.�.•.• �.w � . � ' 4 ._. • � ''.r.n�� 3 if t.� �• . I` ,: � ,,:.�;, .,,,:_ � � � � : �� , �d756 R � � � , � � '� f � .qz�t : �4740- � _. •4T�7-� � 473Z' 1 � : l ---- drZ4. � � �� :� � te �7f6-. �. '•� �47„¢9 � . • � G 70 6 ,_ ,; ` ` �� �. i •�.:� � r ��. . � � ; �yG�7 7 47TH. .. .. 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I . ; : �6 � �o' ' , , ��' � ' � : ; , +. . a : : 8 ; ; , �.� �� � �9� � ' Q ' : �.s' 90 , I ? ; -�---�-�- , - - - -� � - , _ : Q � ,� �!, a� �'� � � , , yo -.—� �, ;�, i ; � � i ; i i �30 �' ' ' , � , ; i i ' ' /��f ; l� i ; i , ! ; , , � � ��, t � ; ! I I � ; ; l ,' i , ; � ' I ! , � � /// ' � I ' � ' i ' i � � I //����� I � � � � i `� �t� ��� � � �} � ' I � � � r � i I I � iI i i i I � i � � i i I �� I� i �� i ; � ,: � � � I � I I I i I ( � I I � i � II i � ! � '/�i , I , ,. . � ! ' I �� ; — ! i �� _ I � I . � � ' f � I i � I I � ! , � , . � , , . , , . , i . � i .i � . . : � , � � . .. , .. . . . �: . . � � � ApP��L' � � > � � ;, � � , � , ��e� �>A�,� sr, ' ,v E , � . � . I . � : . ��, ' . .. i aOTE ; . A-«� � i , � , , ��ak��1 '�i��� , ; � ; , � ; ; � ; h'I�.�scr.e� air..�i s ' + i �1, y�iB — ,C��J ,clo �� �•v , � [� m THE MINUTES OF TIiE FRIDLEY PULICE CIVTL SERVICE COMbfISSION MEETING OF FEBRUARY 7, 1978 Present: Tim Breider, Jean Schell, James P. Hill The meeting was called to order at 7:25 P.M. The minutes of the Novemher 16, 1977 meeting were read and approved. A motion was made and seconded that Tim Breider serve as Chairman and Jean Schell serve as secretary, the motion carried unanimously. Since the old eligibility roster ceased to exist on January 29, 1978 (which was the roster established January 29, 1976), to cover possible legal conflict, a motion was made by Jean Schell and seconded by Tim Breider that the roster be cancelled, the motion carried unanimously. The question of proceeding to establish a new list was raised and the following items pending may influence this decision. 1. The State Department of Personnel, Civil Service Commission, is in the process of developing a new written recruit test which will be ready in six to eight weeks. If this is to be used, the process must wait. 2. The new r4innesota Police Officers Standards and Training Boax•d has recently formed and have indicated a desire for new standards for licensing rather than certification (new term). One of their intents is to describe qualifications for applicants and will probably include two years of educational training before applicants are eligible for hiring. The time ir.ame of this process is not known. 3. The Joint Law Enforcement Council has concluded that central recruitment and lateral transfers are feasible. Fridley may or may not participate. 4. The Metro Area htanagement Association has done a study on suburban police officer job analyses which they hope to complete in September of 1978. This will include physical, psychological, agility and written exams and standards. 5. Since there are only two commission members at this time, the question was raised if the process should be delayed until after a member is selected. 6. There are no openings in the department at the present time and there is one person on the current active list. 7. According to the opinion of the City Atto.rney, the City is not mandated to have a list at all times. A motion was made by Jean Scl�ell and seconded by Tim Breider to 6� Civi1 Service Commission Meeting Minutes February 7, 1978 wait until April 1, 1978 to consider the hiring process due to the aforementioned circumstances. Tim Breider questioned the Joint Recruitment process. He asked who does the hiring and also asked if the officers would be satisfied with this process. He also questioned if the various Civil Service Commissions could agree on testing qualifications. Tim Breider said he would like to see the Fridley officers give their opinions concerning this type of process. It was noted that the State Department of Personnel, Civil Service Commission will test each applicant for the price of �50 for the group, plus $1 per applicant. Jean Schell thanked James Hill for the letter which was sent to Helen Treuenfels commendiug him on the conteni o� the letter and the speed in getting it out. The meeting adjourned at 8:13 P.M. Respectfully submitted, �l'ld,� .�l-'C � f� _� Jean Schell � Secretary /pr 7 CITY OF FRIDLEY _ MEMORANDUM T0: NASII+1 M. QURESHI, CTTY 14AFJAGER, AND CITY COUNCIL FROM: MARVIN C. BRUNSELL, ASST. CITY MGR./FIN. DIR. SUBJECT: STATUS OF SELF IPlSURAP�CE LEGISLATION DAT�: FEBRUARY 22, 197II Please see the attached memo from Mr. Pete Tritz, League of Flinnesota Cities, regard-ing the status of self insurance legislation. It appears that a biil authorizing self insurance on a state wide basis is dead for this session of the legislature. The only hope of doing anything this session appears to be by special bill. Apparently,the legislature has serious resei°vations about opening up self insurance programs state wide. Apparently, the legislature feels there is the possibility some cities may get themseives in a bind because of lack of knowledge in operating an insurance program. Special legislation would authorize self insurance on a permissive basis. The Council would be required to take additional action before the City could participate in a self insurance program. MCB/sh T0: CITY OF FRIDLEY MEMORANDUM NASIM M. QURESHI, CITY MANAGER, AND CITY COUNCIL FROM: MARVIN C. BRUNSELL, ASST. CITY MGR./FIN. DiR SUBJECT: INSURANCE COVERAGE DATE: FEBRUARY 15, 1978 The January, 1978 League Magazine carr:ed an article regarding cities' liability limits (see Attachment No. 1). On January 23, I vrrote a letter to Mr. Phil Shanley, insurance consultant, regarding this question, and tvhether it is necessary for the City to carry the $1,000,00� umbrella coverage. The Statutes make reference to the statutory limit of $250,000 per person, �500,000 per occurrence for claims under the Dram Shop Act, and $100,000 per person, $300,000 per occurrence for general liability claims. Our basic insurance liability package provides ceverage up to $250,000 per person and $500,000 per occurrence. The cost of the $1,Q00,000 umbrella insurance policy has risen from $1,631 in 1976 to $14,280 in 1978. The question is, is it good policy to carry this additional insurance coverage. 41e have a letter from Mr. Shanley dated January 25, 1978 that does not answer the question directly. 4!e also have a]etter from hir. Virgil Herrick dated February 13, 1978. Mr. Herrick says it is not possible to make any absolute statement as to limitaticns of municipality liability. Apparently, this whole question is a sort of no-man's land and there is no yes or no answer. The Statutes set forth a limit of liability for the City. We are carrying that limit of insurance under our basic liability policy. However, there may be a question of the constitutionality of the Statutes. We have asked for a quote for the cost of the umbrella coverage if the ameunt were reduced from $1,000,000 down to $500,000. We have been told by our insurance agent that �500,000 coveraye would be the same as $1,000,000 (see Attachment No. 6). Inasmuch as insurance costs in general have risen considerably (see Attachment No. 5), the City Council may want to make a judginent on the matter of whether we should carry the excess umbrella coverage at a cost of $14,280 per year. MCB:sh Attachment No. Attachment No. Attachment No. Attachment No. Attachment No. Attachment No. 1- Summary from League of Cities Ptagazine Regarding Insurance 2- Letter to Mr. Phil Shanley Dated January 23, 1978 3- Letter from Mr. Phil Shanley Dated January 24, 7978 4- Letter from Mr. Virgil C. Herrick Dated February 13, 1978 5- Sunmary of Insurance Costs for the Last Five Years 6- Letter from Transcontinental Iirokers Dated February 15, 1978 : JANUARY, 1978 Attachment No. 1 8� ��� ���� ��� ��-�� EAITOH 5 NOTE: 7he q�re.�tioru below ere typicel o/ the thousanJa oJ inqtanea thr. laeyur. reaiug eech yeer. For more cornprnhensive trentmvru o/ y/ee�tinru, tl�e in/ornwtion sen,ice af the l.engue ia alueya euxilable to municipa! oJ%icixla. . �HSUw�ce — uaeiun S7ioeeld cities carry excess lia6ility insurarice ouer and aboue chc limits set out ia thc dram shop law, M.S. 340.95, nnJ the municipal tori liability acr, M.S. Chupter 466? {t is probably inaGCUrate to say that there is no risk of dram shop Iiability in excess of the statutory limits of 5250,000 per person, 5500,000 per occurrence. There is always the possibility that a liability limit could be held unconstitutional. There is at least one case where a federal district court has held a limit in liability for nuclear accidents to be un- constitutionat (Caroline Em vironmental Study Group, Ine. v: Atomic Encrgy Ccxnmission, USCK' WNC, 45 LW 2465). Of course it would seem a good deal more dif- ficult for a court to hold that a statutory limit on a statutorily ueated cause of action (such as the dram shop action) is unconstitutional, than to hold that a statutory limit on a comman law tort is unconstitutional. Note that thN dram shop act, unlike Ch. 466 which limits general city liability, does not provide that carrying insurance in excess of the statutory limits waives the limit to the extent of the insurance. Thus, one good argument for not carrying excess liquor liability is tfiat the existence ofinsurance coverage over the statutory limit might make it more likely tfiat a court would overturn the statutory limit — certainly a precedent cities wnuld not wish to have set. It is perhaps aiso worth mentioning that there is a good chance that the dram shop IiaSility limits will be raised in the '1978 session of the legislature. The governor signed the present law oniy reluctantly, and indicated that he intencls to support legislation to raise the limits, probably to 5500,000/750,fi00. In regard to excess coverage over VI'S \%���1�� PIPE SERVICES CO. 3�J08 Sibley Memorial Highway � St. Pa�l 55122 6 ; 2/452•2734 S�eeo�li�tg in Pa�s�ire Cderanoe�g �elespection and C6��ra�icc�9 �arou�in� Serving Consulting Enginee�s, Municrpalities, Contractors and lndustry 2a the ciq/s general liability coverage, the siWation is slightly different. Here, purchase of excess coverege over the statutory limits of 8100,000/300,000 waivesthoselimits to the extent of the insurance. Thus, excess coverage makes it possible for the city to be sued for larger amounts, and perhaps tempts claimants to try for larger settlements than they otherwise might. Yet there may be a couple reasons to consider carrying excess coverage, if it is available at a reasonabie price, in additiort to the possibility that the statutory liability� limiu could conceivably be held unconstitutionaL City officers and emoloyees are subject to suit urder the federal civi! rights laws. It is not clear whether or not a state statute can limi[ liability arising f.rom a cause of action created by a federal statute. Thus, this is one area where a court could hold a city employee liable for an amount over 53�,000, without going so far as to hold the general liability limit un- constitu[ional . The other possible reason for carrying excess coverage is a"morel" one. The point is that in the case of a catastrophe in which a large number of people are injured — bleachers collapsing or a bus overturning, for example — 5300,000 wnuld not go very far toward covering everyone's injuries. This is �robably the sort of case which might incline a court to hold a liabiliry limit unconstitutional. In Summary, it is not quite atcurate to uy that there is no risk of the city being liable for amounts in excess of the statutory limits, since the limits themselves may be overturned, and there may be some actions not governed by the limits. Thus, a city might tivell determine that it is be:t to buy excess coverage in the general liability area, �vhile buying only to the statutory limit in the liquor liability field. Minnesola Cities � ......._�ii .... .��'l ....._��� .... �/ � � �".�ll"T .� �lr laL=�f i�� ��f g B 04�1 UNIVEf1SITY AVGNUC N.E., FRIDL[Y, fAIN11E507A G64�2 January 23, 197II tM1r. Phi1 Shanley Vice President [3achman - Anderson, Inc. One Appletree Square t4inneapolis, I•tinnesota 55420 Dear t�ir. Shanley: TCL,EPHONE (612JS71•3450 Attachment No. 2 The cost of insurance for the City of Fridley has risen dramatically in the last fev� years as it has for all other municipalities. One item sho��rin9 substantial increases in recent years is the cost of the City's umbi�ella insurance. The cost for this iype of insurance rose from �1,631 in 1976, to a�4,563 in 1977, and to 514,280 in 1978. I am sending you a copy of an article that appeared in the December Lea�ue Jdagazine relatin9 to insurance coverage. The article addresses the question of Statutory li�nits on insurance claims. It is my understanding that at the present time, the Statutory limits for dram shop insurance is �250,000 per person and $500,000 per occurence. The limits for general liability is $100,000 per person and $300,000 per occurrence. The Cit,y's basic liability insurance provides covera9e up to a limit of 5500,000. This includes the City's liquor insurance as 1ve11 as general insurance. The q�+estion rises as to why a+e should spend 514,2&0 to insure a risk, if the Statutes say we are not liable. I am not sure that is a question that should be ans��:ered by an attorney or insurance consultant. However, I am asking both yourself and the City Attorney to comment on this. I understand there is some possibility that a court could hold the Plinnesota lata unconstitutional. In any event, I would like you to prepare a i-esponse to tlie question as to the advisability or non-advisability of tlie City carryin9 the additional umbrella insui�ance. Ve�•y truly yo�n•s, ,n ���nvc�.Uti�-`r` • -�'/" `�"""�"L`� tzrv n C. Qruolsell Asst. City higr./Fin. Dir. F1CG/sh ACtaChment Cc: Nasini Pt, Qureshi, City �tanager Yi1'gil C. Hcrrick, City Attorney Cit•y Council ,, � �� � � c� � �a, � � �� ���t=���� ��z.�. INSURANCE • FINANCIAL PLANNING January 25, 1978 Marvin C. Brunsell Assistant City f•ianager & finance Director City of Fridley 6431 University Avenue N. E. Fridley, I�if� 55432 Dear Pir. 6runsell: �ma) ns��osoo �.���,.� �� �� .. F: ,� � one nnn�el,co Squa,n B�uominylon, ldmn. 55620 Attachment No. 3 I am sending this letter to you in quadru�licate so tf�at a copy may be given to f�;r. Qureshi, h1r. Herrick and the City Council if you so desire. Much of the question ti�rhich you posed seems to be in an area in which you should receive your primary advice from your attorney or at ]east his collaborating advice. From an insurance standpoint, the normal bacl:ground reason for an in- crease in rates such as the one y�u refer to under the umbrella policy is the experience t•rhich Itas accrued to tiie general class o` busiress which t•rould justify this f:ind of increase. Another factor t•rhich is normally considered fs the trending of such experience rrhich is the aroount that claims made today may be expected to 6e settled for at some future date. A combination of these it•�o factors results in the in- creased premiums tvhich are applied to current polic�es. Using this as a spring board, �ve can assume that a sufficient number of claims have been settled and a sufficient number of reserves placed in both the general liability and autorr,obile 7iability above the limits of the primary policies to justify the basic increase in the umbrella policy. Further, we knotv that this is also true in the area of the iiquor liability. Only an attorney ��iould be able to assess, rrith any degree of reliability, the possibility of the courts allo�:ring a suit against the City of Fridley for an amount excezding statutory limits. Tf his assessment is that ttie admittance of such a case is likely, tfien limits consistent with this assessiaent should be purchased by the City of Fridley. AfhII.W iII��AmerlraO Insman.c AIw�Ar�Inµ Cnqky. tion [� :��mhrlARq}I.1 n«.e�r.r..� Ilvoh�ilb..il. . in CI.�d�.6q�.5�• . �ten.ei. C0 lu�6enq•�d�., l\ In.DIC CIuiL.Ilt.Kf•� ❑r,yoinr�.l.� J�.A..���.>Iv imwt. }lli CAinRa.lL �'"r1 i.nmbnLdv� FL ��n.a. �'u.,?III h•)p' l'u1�x�Eu�.// I.r1Gn�LCf AL�.�.�11'un.i�.l'A �waMn. 'S I�i�Aem�d.>IP_. I.�ndrr. 11y' ?Iv.Arr�n. MI 1`F��eui�. AY.'• Linn�lu.\11 \..6�JIe.�\ Piu.hu.rh.l'.\ I.iul,• I:or4. Ait Arn Udrwn.. 1..\ 7•..rlln��d. ul: 1 n. Aov.ir.. fA A��. 11��4. YY 1'�urt.b.n. \ 1 Lw�i...11e. K\' UGlnl.om� t'���� bl: 1'n..ld.nn. 1:1 �41s�ulee.\cl r_...:_ . _ . . 8C � ilrnn. RY Rt�ldr.1\'A 4i.Lvumd. \'A 1:���41u�A.11. T�mVa.l'I. S�rrun.�q��.('.1 N'a.hiuclrn.11C �� 1 1 xL. �'.m_ 1'T .� Attachment No. 3 (Page 2) Concerning ourselves only t�rith the items of cost, s�rhich is my proper province, t��e shou]d investi�ate the relative cost of increasing the basic limits beyond their present lirnitation in order to determine tvhether then the umbrella nia�� be reduced in an amount sufficient ta make our �iet cost less. Frequently s•�e find tliat an increase on the basic side 4�i11 result in a very important reduction in the umbrella premium thus making the overall cost lo��rer and providing greater overall limits with broader coverage. 4Jhat I have in mind here is increasing the single limit general liability, perhaps, to $1,OOQ,000., the automobile to �1,000,000. and then providing j1,000,000. umbrella over this. I am concerned in those areas primarily because of the possibi7ity of mul- tiple injuries from a single accident. In addition to this, vre have a netJ preble� of �;�ple��es under the emplcyer's liability secticn on the worker's compensation policy and in view of the recent cfianges and proposed advancemenis in the worker's compensation, no one is presently qualified to say ex.actly vihat impact this may liave on future claims under the umbreila policy. On liquor liability, one cannot tell, from case to case, where the amount of the verdict �•�ill fall. Thereiore, high limiis t•�ould seem to be essentia7. Conclusion: Unless your legal advisors conclude that statutory limits of l iabi l i ty cannot be �xceeded, �•ie reco�rme�id mi nimum l imi ts of at l east $1,500,000. The cost of such lirniis, though, should be reinvestigated. Yours tru7y, BACHNJIN-ANDERSOy, INC. � ��w Of fICl4 WEA��ER, TALLE & HERRICK GH�A�C9 R..WEAVEA MCqMAN L.TALL[� �VIf1Gll G. NCRH�CK ROUERT HUHNg . WIlL1�M N. COODRICN DOUGlA9 C. NL4NT February 13, 1978 Mr. Marvin C. Brunsell Assistant City Manager/ Finance Director City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 Re: Insurance Limits Dear Marvin: Attachment No. 4 �10 EA4T MAIN STqCCT ANOKA�MINNESOTA 88303 9 21- 5111 B2)9 UNIVf.�51TY AVENUE H.E. PRIDLEY� MiNWE50TA 58432 6�1-]050 . I have examined the letter £rom Pfr. Shanley of Bacicman-Anderson, Inc. dated January 25, 1978. I have also discussed this matter caith the leaal department of the League of Minnesota Cities. It is not possible to make any absolute statements as to limitations of municipal liability. As you know, the city f.aces c2aims of general lia- bility and claims under the Dram Shop Act. The statute providing claims for general liability states that if a city carries insurance coverage above the stated limits, tlie city caaives the limits up to the amount of insurance coverage. The statute on �ram Shop does not have this provision. There are pending cases in other states that axe challen�ing the constitutionality of statutory limits for municipal liability. Of course, it is impossible to predict the outcome of these cases. I would suggest that you review with tir. Shanley the possibiliCy of seeuring the umbrella coverage at a locoer price. If tUis cannot be done, then the council will have to decide whether the ri:,k of claims over and above the regular insurance limits chould be taken or whether the additional money should be spent for the umbrella coverage. VCA;,ILH Sincerely, " ,�/`� ' '' ,a> � :. � � % Vir�il C. }lerri.ck : N O Z � C N � L u ro s� +� a � K 4 4J } W � M LL F-- N Q J LeJ S F K O LL N F N O U W U Z Q a � N Z M � 0 Y ac � � � N 07 ct tf] O M N N N u1 OD M N Ct M N M V r lA l0 M r . �iT M 1� O �o u7 tU N �i' � N r ln r O N (h r- M Ct N N LS') � � V r- � r- N 00 r M r O� � t0 N r O r- l0 O q M �t I� � r� r M f+I t0 N �--� Ol M r O M Ol � v .- o M N r tl' n M M l0 v v M C O .� Y 1O N C VI � Cl r •r n ro .- � •r •r O U 1] U •r t6 4- •r N 4- J rt O r-� C r- r-- O1 U N L N E �r L Gl L Y r- N r- .0 L .O C •r � 3 G�. t�7 m � n N � n � � � � � tD � : rTrar�sconfi���nt�l E�roEc�rs Nlymouth OIJg. Minncapolis, Minn. 55402 � Phone 612-3336191 Afr. hlarvin �runsell CiCy of: L'ridley G431 Universi�y Avenue NE Tridley, �iinnesota 55432 Re: City of Pridley �1,000,000 Umbrella Policy Dear A4arvin: Attachment No. 6 LicenseJ lnsurancc Agcnfs Sincc 7755 O.lc V, Hadlralh, President David W. Stppch, Vice PresfJent TeUruary 15, 1978 We are presentl.y writing a$1,000,400 Umbrella with the Interstate I'ire and Casualty Com��any for an annual premium of �14,250. Tliis company does noti tsrite an Umbrella for less than �1,000,000 limits. lYe l�ave gone to the other companies and their quotes for a $500,000 UmUrella 1re higlier Lhan what you are paying at Tnterstate for $I,000,000. Tlzere are verp few companies tvilling to tvrite UmU�ella policies for klunicipalities and tl�e Interstate whicli you l�ave is tl�e most cempetitive. Yours very truly, rJa.�, �• ,�/��o,G� Dale V. IiadLrath President DVII : U1 �. �G � CITY OF FRIDLEY MEMQRANDUM T0: NASIM M. QURESHI, CITY MANAGER, AND CITY COUNCIL FROM: MARVIN C. BRUNSELL, ASST. CITY t1GR./FIN. DIR. SUBJECT: 1978 - 1979 LABOR AGREEMENT WITH LOC11L N0. 49 (PUBLIC WORKS AND PARK EMPLOYEES) DATE: FEBRUARY 23, 1978 Attached you will find an agreement covering wages, hours and working conditions for the Public Works and Park employees for the years 1978 and 1979. The City is currently operating under a contract negotiated in February of 1977. This contract covered the years 1977 and 1978. The Metropolitan City Nlanager's Association has been negotiating with Local No. 49 for the year 1979. The package proposal they are recommeding to the City Council ammends the 1978 contract and exter,ds the existing contract for one additional year. The only changes which were negotiated were for base wage rates and the City's contribution towards health and life insurance. The new 1978 base wage rate for Heavy Equi.pment Operator is 6.7% higher then 1977. The Light Equipment Operator's rate is 7% higher then 1977. The above rates are approximateiy 1% higher than originally negotiated. The 1979 wage rate for a Heavy Equipment Operator is 6°6 higher then 1978. The Light Equipment Operator is 6.4% higher then 1978. The employer's contri6ution towards health and life insurance far the year 7978 will be $65.00 per month. For the year 1979 it will be $72.00 per month. This compares with the present employer contribution rate of $60.00 per month. I recomnend that the Council authorize signing the agreement by adopting the attached resolution. MCB:pI attachment RESOLUTION N0. -1978 A RESOLUTION AUTHORIZING SIGNING AN AGREEMENT ESTABLISHING WORKING CDNDITIONS, WAGES AND HOURS FOR CERTAIN EMPLOYEES REPRESENTED BY LOCAL N0. 49, AFL-CIO {PUBLIC WORKS AND PARKS) WHEREAS, International Union of Operating Engineers Local No. 49, AFL-CI0 as bargaining representative for certain Public Works and Park employees of the City of Fridley, has presented to the Twin City Suburban Section of the International City Managers Association, the designated representatives of the Council of the City of Fridley, various requests relating to the working con- ditions, wages and hours of employees of the Public Works and Park Departments of the City of Fridley, and WHEREAS, The City of Fridley has presented to the designated representatives of Local 49 various requests relating to working conditions, wages and hours of employees of the Public 4Jorks and Park Departments 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, Agreement has now been reached between representatives of the two parties on the proposed changes in the existing agreement between the City and the Unian. 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 w�rking conditions, wages and hours of employees of the City of Fridley Public Works and Park Departments. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ATTEST: C fRK - Marvin C. Brunsell 1978. YOR - WILLIAM J. NEE 9 li 1978 AND 1979 LAROR AGREEMENT GET4IEEN LOCAL N0. 49 �ND CITY OF FRIDL�Y tNOEx .. ClE I - PUP.FOSE OF AGREEFIEfI7 . . . . . . . . . .• • . • • • • • • • • • ' ' � CLE TI - REC05:IITI0�1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 CLE III - UiJIO;! SECURITY . . . . . . . . . . . . . . . . . . �• • • • • • . • 2 CLE IU - E(1PLOYER SECL'RITY�. , . . . . . • . . • • • • • • • • • • • ' ' 2 ICLE V - EI4PLOYER AUTF{ORITY . . . . . . . . . . . . : • . • . . . . • . 3 ICLE VI - Et�iPLO'lFE P.IGHTS - GRIEVkPiCE PROCEDURE . . . . . . .� . : • • �• 3 ;1CLE VII - DEFIilITIOPiS . . . . . . . • . • . . . • . . . : • . • • . • b fICL� VIIf - SAVIPaGS CLIIUSE . . . . . . . . . . . . . . • . • • • • . 8 .� [ICLE �IX - IdORK SCHEDULES . . . . . . . . . . . . . . .. . . : • . . . . : . � FICLE X - GVERTIi•tE . . . . . . . . . . . . . . . . . • . . . . . • . . . � 9 • . TICLE XI - CALL BACK . . . . . . . .' . . . . . . . . . . . . . . . . . . `• 9 � . TIC:.E X? I - LFGP.! DcFEf';SE . • . . . . . . . . . . . . . . . . .. . . . . 10 7IC1.E XIII - RIGFiT 0� SU6CO��TRACT . . . . . . . . . . . : . . . . . . . . 14 .. TICLE X:V - DISPLIP1c . . . . . . . . . . . . . . . . � . . . . . . . . . . . 10 TFCLE XV - SETtIORITY . . .. .'. . . . . . . . . . . . . : . . . . . . 30 :fICLE a9I - PP.03A7I01AkY PERIODS . . . . . . . . . . . • • • • • • • ��. :TICLE XVII - SAFETY . . . . . . . . . . . . . ... . . . . . . . . . • . • 11 • . tl'ICLE CVIII - JOB PdSTI�S . . . . . . . . . . . . . . . . . . . . .. . . . . ti ,TICLE XIX - I(•ISU2A"iCE . . . . . . . . . . . �• : . . . : . . • •: . . . . i2 ;FICLE XX - HOLI�AYS . . . . . . . . . .. . �. . . . . .' . . . , 12 .. . • t7ICLE XXI - VACATID�lS . . . . . . . . . . . . . . . . . . . .+ . . . . . 13 . . tTICLE XXII - STAhOuY PAY AND AtIPlIh1U.l CALL BACk: FOR STA�DE3Y EMPLOYEES .... ]� t7'ICLE XXIII - E�•iPLOYEE ED'JCATiO� PFOGRAI�1 . . . . . . . . . . . . . . . . . 1� 2TICLE�XXIV.- F1QRttAL SICK LEAVE . . . . . . . . . . . . . . . . . . . . . . 15 , � 2TICLE XXV - InJURY 0� JOB . . . . . . . . . . . . .•. . . . . . .; . . . . . 16 �T1CLE XXV I - FU(VERAI P11Y . . . . . . . . . . . . . . . • . : . . . . . . . . . 17 R7ICL[ XXVII - JURY PAY AND :dIT�ESS FEES . . . . . . . . . . . . . . . . . . 17 R7ICLE XXVlli - �i1LITflRY LF.AVE . . . . . . . . . . . . . . . . . . . . . . . 17 • 9B 4 a 1NDEX RTICLE XXIY, - SALARY SCIIEUULE FOR 7fIE YEAR 1973 ti4� 1479 .. •••••••• 18 RTICLE XXX - ItJCENTiVE PAY (LOtIGEVITY) . . . . . . . • • . • • • • • • • • • 18 RTICLE XY.XI - U�JIfOR145 . . . . . . . . . . . . . . . . . .' .. . . . . . . . 19 ARTICLE XY,XII - SEVER/u`VCE PAY . . . . . . . . . . . . . . . • . . : . . . . . 19 ARTICLE XXXIII - REPRESEPlTATIVE 0'J 11REA WIDE t�EGOTIATIONS . . . . . . . . . . 2'J ARTICLE XXXIV - 41AIVER . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ARTICLE XX:tV - DUPJIT;ON . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 -11- 9C •. ' . . � .9D I,11I30R AGR�EM�NT • 73E�'WEEN . CITY OF FRIDLEY .' _ . AND INT�RNATIONAL UNION OI' OP�RATING ENGINEERS IACAL NO. 99, AFL-Ci0 . 0 ARTICL� I PURPOSE OF AGR�EMENT (t1)' This agreement is entered into between t!t° Cliy of FY'idley, ' • hereinafter called EMPIAYER, and Local No. 49, International Union of ' Operating �ngineers, hereinafter called the UNION. The intent and purpose of ihis AGREEMENT is to: .1.1 ,�stablish certain hours, tivages ar.d o4her conditions of employment; . 1,2 Establish procedures for the resolution of disputes concerning t2:is AGREEA4ENT'S interpretation and/or application; i, 3 Specif}' the full and complete understanding o£ the parties; and 1. �k �lace in �vritten form the partiest agreement upon terms and conditiotis o£ employment for the duration of the AGREENt�NT. � The EMPLOYER and the UNION, through this AGR��MENT, continue their •dedication to the highest quality of public service. Both parties reco�iv.ze this � � AGRE�PdEN'T as a pledge of this dedication, ARTICI.E II RECOGNITION (h1} , �he �T�41'LOYEF reco�nizes the UNION as thc exclusive representati� under Minnesota Statul:es, Scction 179.71, Subd. 3 in an appropriatc bargainins unit consisting of lhe follo�ving job classifications: , (Iist of Ehose non-supervisory, non-confidential employecs) • . . � C{iief Hechanic Sr. Sew°r, Sr. !Jater; Sr. Park, Sr. Street �(Heavy Equipment Operator) :dech an i c • . Operations & Fiaintenanc� Specialist (!Jater, Se�aer, Park, Stree� R u�neral) Operations & ttaintenance Person (Light Equipn�2nt) (k'ater, Se�aer, Park & Street) Sanitation, t,at�r, Park, Street and Equip:neitt itaintenanc° Persop , • , , , • • 9E .f►TtTICL� III UIQION S�CURITY ((4) �Xn rccognition of thc UNION as thc cxclusive rcprescntative, thc �MPIAY�R 5ha11: 3.1 Deduct each payroll period an amovnE sufficient to provide the payment .x�f dues established by thc UNION from the wages of all employecs authorizing in writing such deduction, and ' • . 3_2 Remi4 such deduction to the appropriate designated officer o� the UNION. 3.3 The UNIOIv may dcsignate certain employees from the bargainins unit to act as stev�ards and shall inform the �MPIAYER in �vriting of such choice. 3.9: The UNION agrees to indemnify and hold the EMI'LOYER harmless against any and all claims, suits, orders, or judgmenYs brovght or issue� aoainst � the city as a resulE of any action taken or not talcen by the city under the :-�rovisions of this Article. .AIZTICLE IV EMPLOYER SECURITY (i�1) • . -J4.1 The U�dIOI� agrees that during the life of this AGREEMENT it �vill not '�:zause, encovrage, pazticipate in or support any strike, slow do�vn �ther interruption of or interference with the normal functions of the '�MPL� XER. ..4,2 Any employee who engages in a sfrike may have his (her) appointment �terminated by the EMPLOYER effective the date the violation first occurs. � .5uch iermination shall be effective upon �vritten noEice served upon the -�mplo ye e. ' �4, 3 An employee �vho is absent from any portion of his worl: assignment withoue ••permission, or �vho abstains �vholly or in parY. from the full perforinance •oi his duties �vithout permission from his (her} EMl'LOYER en the date or •t3ates �vhen a strike occurs is prima iacie pxesmneu to have engaoed in a . txike on such date or dates. ' � .�,�# An employee �vho kna�cingly strikes and �vl�ose e�nployment has bcen .terminatcd for such action may, subscgucnt to such violation, bc appointed •+pT 7ccappointed or employcd or re-employed, but the emplo�roc shall Ue rOn probation for t�vo pears �vith respect to such civil service status, tcrnirc �of emplo��ment, or contract oi cmploymcnt, as hc (shc) may havc t]�crctofo• � bccn entitled. _2- ' . • . . • • • � '� . . . • ' • 9 F • 4. 5 No empl�yce �hall be entitled io any daily �ay, wa�es or per dietn •' Lor thc days on �vhicn hc (she) cngaged in a striIcc, , AItTICLE V EMPLOYER �UTHOPITY (r.�) , . � ' . . � . 5.1 The EMPLOy�R retains thc full and unrestricted right to o�cratc and. '• manaoe a11 manpo�c•er, facilities. and equipment; to establieh functions and programs; to seE and amend^budgets; to detcrmine tdie util::.ation of - teehnology; to establish and modify the organizational sirLC:ure; to selecE; ' direct and determuie the number of personnel; to eskabiish �vork schedules, ' and Eo perform any inherent managexial funcEion not specifically J.imil•ed . . , by ihis AGREEM�NT. . • _ ' • . , 5• 2.A.ny tezm and.condition of empioyment not speciiically establishe� ox • ' modified by ih:s AGREE�iEN'T shall remain solely within the discx'etion ' of fhe EMPL4Y�R to inodify, esfablish, or eliminate. " . ARTIC.LE Y! EviPLpyE� RIGHTS - C;RIEVANCE•PROCEDIiZtE' (M)� 6. 1 DEFINITIOi� OF A GRIEVi1NCE '- - -• • A grievance is defined as a dispute or disagreement as to. the interpretaEion :: � appiicaEion o£ the s�ecific terms and conditions ot this AGP,iEVEi1'�, . b.2 U�?I01 REPP,ESENTATIVES � . ' � ' � � � The EMPLOY�R ��rili recognize repxesentatives designated by ct�e UI�'?QN as the grievance representatives of the bargainiag unit having L•he duties ' and responsibilities esYaUlished by this...E,rEicle, 'I'he UNIO�I shal.l. notify , � the EMPLOi'�R in wriYing o£ the names of such UNION represenlatives ancI `. - of their successors �vhen so designated. � • ' • � 6, 3 PRCCESSPiIG OF � GRIEVAi�tCE � - � � • �- • ' . • • It is recognized and accepted by the UNION and the E1vIPLOYEIt that the •� •, processing of ozierances as hereinafter provided is limited by the job • duties and res�onsibilities of the EMPLOYEES and shall there:ore be accomplished during normal tvorking hours only �c�hen consisteni �e�ith such E�,iPLOYEE duties and respo2isibilities, The a�grieved EMPLOY.�I; and ihe U1�ION REP:;ESi;�1T,ATIVE shall be allowed a reaso�able amount of ' . time «•ithouf loss in pay vhen a grievance is investi�atcd 1nd �resented to • the E�;}'I,p�ER during normal working hou.rs provided the E2viPLOYEE •, , and Ylie UNION ��pr�S���t�TIVE have notified and receivcd Chc approval of thn et•rs;gnatecl supervisor �vlio has detcrmined Yl�zt suclti abscncc is rcasqna',: � and wauld not bc datrimental to lhc work programs oC thc I;\4PLOY7�.'R,� , • ; ' ' . � � -3- � , . . • � . . . • . ' , • . , . . �. �. � x'T..00EDURE :, - . • ,• '9G , Cxicvances, as defined by Section 6. 1, sha11 be resolved in, con_ • • formance with the fo2lowing procedure• • ' . . � �i�--�-1' �'� �M�'��Y�� claiminb.a violation concexning the � interpxeEation or application of this 11,GI���M�v� sliall, tviEhin twenty-one {21) calendar days after such alie�ed violation has � • octurred, present such grievance to the EPJIPLpXEE'S : '. . supervisor as designated by the EMPLOYEP, The EMp,L,py.�R • ; designaEed representative will discuss and give an ans�ver. to such •.Sfep �� gxievance �vithin ter_ (10) calendar days affer xeceipE, t� � gxievance not reso2ved in Step I and appealed to Step 2 shall be • .placed in wrifing setEing forth, the naEure of the�gxi.evance, the iacts on �vhich it is based, the provision or pravisions of tha ••� ••AGREEMENT allegedly vi.olafed, and the remedy zequested and.' .. shall be appealed to Step 2 within ten (10) calendar days a£�c-x the 'ENyI'LOXER designated represent�tive's final answer in Step 1, ' :. An}* gxievance noE appeyled in writing to Step 2 by the UNION wzthin � ten (10) caTendar days siiall be considered Waived, � SteP 2. If ap e�1 d� . . , � �. . . . P•• e, e r�ritten oricvance shall 1�e presenLed by• .� the UNIQIQ and discussed tvith the �Mpl.pyER desi�nated Siep y • 7repxesentative. The EAQPI,QYF_i2 designated :epresenEative � shzll give the UNIO�I the E�IpI,pyEg�g St�P 2 anstver in �vxiting � within ten (IO) czlendar days after zeceipt of such 5tep 2 grzevance, ' • A g.rievance not resolved in Step 2 may be appealed to Step 3 within . Een {10) calendar days foZlo�ving the EI�iPLOi'ER desi�naEed :x'e.presentati.ve's final SEep 2 ans�ver. Any grievance not app�3j�,d ' in�`vriting to St¢p 3 by the UI�IION �vithin ten (10) calendaz days . shall lie consiclered �vaived, � . • , - ' �'SE_ ep•3• •Tf appealed, �he tvrittea grie•r,�nre shall be presenEed by the UIviON and c�iscussed �vith the E\iPLp�'E� c7esibnatcd Step 3. representativc, Ttie �A4PLOI'ER dcsi�nated represeiitntive sha11 give the UI�IO�r thc F_A4pLpyER'S Znswcr in �vriting �vithin te� (lOj calcndar days aftcr xeccipt of stich Step 3 gricvancc. A �ricvancc not reso2ved iii SL•ep 3 rnay be appcaled to Step a���ithin tcn (10) calendar days followiii� tl�c EMPL01'Eit desiynited representative's .final answcr in StcP 3• Any �ricva�icc not app�aled in �vriting (o • fitcp 4 by :l�c ONIOI� withiii tcn (1(1) calcndai. ctay� ;,��11� lic considcrcd waivect. ..q_ , • . • r. �. 0 . ., :,. ;.......��� ''`�'L_ '�P �'�. A.�;ricvance unresolved in 5tcp 3 and appcalcd in 5Ecp . • � shall be submitted to arbitration subject to the provisions of ••• • the x?ublic Employrr.enfi Labor Rclations Aet;o{ 1971, Thc scicction � ' ' af an arbitrator shall be made in accordance with the "Rules ' • � , Governino the Arbitration of Grievances" as estab3ished by the Public Employin�n� �clafions Boaxd. . ' . . '. � ' �6. 5 1�IZ BITRATOR'S 11UTI:G?IT. Y • • ' . � : . , ', . . . . ,,. d3�. The axbiirztor sha11 have no :i�ht fo arnenci, modify, nullify, . . : ignore, zdd to, or subtract fxoni the eerms and conditions �� • ', of this 1'iGREE_I�IENT, Tne arbitrator shall consi�er and, �'• � •' decide oniy tne.specific issuc(s) submitted in vrriting by the ' E�F'Y-OY�R and �e UNION, and shal.l have no authoxiEy i:o � ,: �' make a decision on any othex issue not so submitted: � . : B,, The asbitrator shall be �dLtho�:i po�ver to make decisions •� � •.-' conErary to, ox zuconsistent viiih, or modifying or varyinb .� ' • .: in xny r.�ay fihe app:;cation of laws, rules, or regulations . ._ h8ving the force ar_d effecE of ?aw, The arbiErator's de-� ' �.. cision shall bz submittecl in writin� ti�ithin fihirty (3Q) days follo�ving close of fhe hearing or the stxbmission of hrieis � by the va=Eies, �ihienever be laEer, unless the parties agzec- .' fo an extension, The decision shall be bindind on boih the • ' EMPLpx'ER and fhe UNiON and shall be based solely on ' ; , :[he arbitrator°s i.nterpretation or application of .the e�press � �. - . ferms �af this .AGRE��iE�T and to the facts of f..he grieYa.nce ' presented,. • ' ; C.. �'he fess and e�.-penses for tiie arbitzator's•services.and � �� � ' pxoceedings shall be borne equail}• by the EA4PLOY�R � •. and f?ie UNION provided that each party shall Ue respon- � • '• sible�ior compens�tina its o�vn representatiyes and �vitnesses, Ii either parEy desires a verbatim record of fhe proceedin�s•, . it may cause sucli a rccprd to bc made, providin� it pa�•s 2or • � • the xecozd, Zf botIi parties desire a verbatim record oi the � . pxocecdinos the cost shall lie shax•cd equally. . , `5- �. • . , , .. • ' , ' • � . � • � . G. G . . 0 ' , tiYATVER � � � „ ' � If a gxicvancc ia not presented within the time limits set fortn above, it shall be considered "v�aived, " If a, �rievance is not appealed to the next �tep tivithin the specilzed time limii or any agreed cxtcnsion thercof, it shall be considcred settled on thc basis_of lhe EMPL07'ER'S last anstiver, I£ the Ek,hPLOY�R does . � noi answea a grievanceor•an appeal thereof within the sg�ci.fied . iime limits, Yhe L3iViO1�T may eleci to treaY fhe grievance �s denied • at that step and immee�iately' appeal the grzev-ance Lo ilie nexi: step. .. TIie'time limit in each step ma.ybe exiended by mutual agrcement � . . of the �M.PLOXEEZ and the UNIO�I. • .. 6.7 CHOICE OF F.EMEDY. � '. �' � ' � • If, as a xes�:lt o£ the m_-itEen EMPL,OXER response i.n Step 3, the grieyance remains unresolved, and if fhe grievance invo3.ves . ., the suspension, demotzon, or discharge of an employee.who � . .• has completed the xequired probationzry peziod, khe gxievance � �. . . Tn� y be appealed eititer to Step 4 of ARTICLE VI or. a procedure ,, suc�i. as: Civil Ser:�.ce, tTeteran's Pxeference, ax Z'ai.r �m- ' ployment. If appealed to any procedure oihex than Step 4 of. , . ARTICLE VI Ehe grievance is not subject to the arbitration �• pxoceduxe as provzded in Step 4 of ARTICLE VI. The aggxieved � emp2oyee shall indicate intvriting tivhich proceduze is to be ' •�utilized -- Step ?� o£.ARTiCLE VI or another appcal procedure -- � . and shZll sign a st�.�eznenE to the e:fect that the choice of any � , other heaxino prec7.udes t�he �ooricved employee from nnal;in� a subsequent appcal fhrouoh 5tep A of ARTICLE VI. • ' : AFTICLE VII' D��INITI015 (li & L) • _ � • • 7. 1 UNTCJI�: The InteznaEional Union of Operating Engincers, ' iocal \o. �9. AFL-CIO. '. ' � • 7.2 EMPLOYER: Tlie individua? municipality designaEed by Eliis AGR�E:�4LI�TT. • ' • . : . 7, 3 U1�ION I�4F.I�4BER; .!L membcr of U�c Inicrnational Unim of Operafin� �ngiiticcrs, Local No, 49, � • ?. �i �IvIPL01 ].i: A mr.mbcr of 4hc c�clusivcly rccognized bargzining .unit. ' .7.5' 1t.1SL•' I`A�' fiA'fE; 'rfic c►»ploycc's hoiirly pay ratc c�clu::i�•e af lon„c��ity or any otAcr spccill allo�vances, ' . '. � 7, G sr•.Nto�;i�,'Y: Lciif;lli pf conCiuttou` scrvicc ���itl� thc �Af1'I.OYEl:, 9I . . . e .':r . � •; ..7_ i.7 CO�iPEflSATORY TIt9E: Time off the employee's regular?y sclredule riork .schedule. equal in tine to overtime rrorked. 7.8 SEVERANCE PAY: Payrnent made to an employee upon honoraUle � termination of employment. ` � 7.9 OVERTIhiE: l•lork performed at ±he express authorizatior of �` , the Eh1PL0YEP, in excess of either eight (8j hours within a t��renty-four (24} hour period (except for shift changes) or more than'forty (40). hours within a seven {7) day period. �.10 CALL 6ACK: Return of an en:ployee tc a specified work site ta p°r�form assigned duties at the express authorizat�on of .•�the• EPiPLOYEP, at a time other than an assigned shift. � An � extension of or Early report to an assigned shift is not . a call back. � • . . •7.11 .STRIY.E: Concerted aciion in failing to report for duty, the willful absence from one's position, the stoppage of work, • slowdown, or abstinence in wh�le or in part firom the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights� .� • privileges or•obligations of emptoyment. . ) 7.12 S7At;DBY PAY: Compensation for standing by.at the City's request, or being a��ailable for ��rork on days that are nornal]y considered the employee's day off. . ' 0 . � . � � �%� . • --��- �' J Y• . ' ' • �8- . �IRTICLE VIII SAYIIyGS CLAUSE . (��) • � 7his nGiiEE�1EfaT is subject to the latias of the United States, the State of i�innesota, and the signed municipality. In the event any provision of this AGREEtiEtIT shall be held to be contrary to law by a court of competent jurisdiction from rihose finat judgment or decree�no appeal has been taken rrithin the time provided, such provision shall be voided. All other provisions of tyis AGR�E•1EPaT shall continue in Full force and effect. The voided provision may be renegotiated at the request of either party. : . 4RTICLE IX . 410RK SCHEDULES (t1) . � � � . '. 9.1 7he sole auth�rity in 4rork schedules is ihe Ef�PLOYER. The ',' normal work day for.an employee shall be eight (8) hours. �. � Ih2 normal work week'shall be forty (40} hours hionday through � . " � .. ' Friday. • • . , ' . , ' 9:2 �Service to the public may requ9re the establishment o� regular •��shifts for some employees on a dai7y, weekly, seasonal, or : annual basis other than �the normal 8:00-4:30 day. The Lt4PL0YER ' • wili give advance notice to the employees affected by the . establishme�t of work days different fron the emp]oyee's normal � . eight {g} hour vrork day. ` ' ', • . . , _ . • 9.3 In the event that riork is reqoired because of unusual circumstances such as (but rot limited to} fire, flood, snotiv, sleet, or breakdotian � , . of municipal�equipment or facilities, no advance notice need be ' givett. It is not requirnd that ah enr�loyce ��vorking other than th� � nonnal taork day b� scheduled to rrorl; morc tnan eight (II) hours; . harever, each employee has an ohligation to work overtime or calt � . backs if requested unless unusual circimstances prevent liim fro�n • so working. ` , ' , : . 9K 9.4 Service to the public may require the establishment of regular �•rork weeks that schedule work on Saturdays and,(or Sundays. , ARTICLE X OVERTIt•iE PAY (i4) � 10.1 Hours v�orked in excess of eight (8} hours tivithin a . . tt•renty-four (24) hour period (except for shift changes) • . or nore than forty (40) hours �vithin a seven (7) day.period K r�ill be compensated for at one and one-half (12) times the employee's reguTar base pay rate. 1�.2 Ov2rtime wi11 be distributed as eqaally as practicable. 10.3 Overtime refused by employees wi11 for record purposes under ARTICLE 10.2 6e considered as unpaid overtine vro rked. 10.4 For the'purpose of conpu*ing orertime compensation, � . overtim� hours worked shall not 6e pyramided, ccmpounded, or paid tr�ice fcr the same hours vrorked. ' ' AY.TICLE XI CALL BACK (C•1 & L) � � An employee cal7ed in for work at a time oiher ihan his normal . scfieduled shift will be compensated for a minimun of two (2j hours pay at one and one-half (lZ) times the employee's base pay rate. An extension or early'report to a regularly scheduled thift for duty,. do�s not qualify the emp7oyee for the two (2) hour minimum, nor does a �all back to t•rork if less than one (1) hour has elapsed since the. �nployee's ��lork period ended. . .. . 0 �Q.. 9L . a AItxICLI: Y.II L�GAi. DI:L'�N5� {�1) �2, Z�=mployees involvcd ia liti�ation bc.cause of negligcncc, � •. i�gnarancc at la�vs, non-observanec of la.�vs, or as a .'xesult of employee jud�mental decisi.un may not xeceive � • ' Ie�al defense by Ehe municipality. '• • •' 12.2Any employee w2:o is charged �viYh a traFfic violation, . . • ` ..oxdinance violation or crimiaal offense arisir_g from ' . 9� r1 � ' • a�ts Performed �vitnin the scope o� his emnloymenf,' , • . : . : ' � � wi►en such act is pezformed in gaod £aiEh and under direct � � •_ , order o! his super.visor, shali he zeimbursed tox r easonab�e • . . �:• attQrney's fees and court cosis actua2ly incurred by su�h • : " � employee in defcndino againsE such chax�e, � ' .. ' • . � '.+ `i�22TICLE X[II RIGI-?T OF SUBCOI�TTRAC'T . (t-f). . ' .� :� .� '.� ; :..- � . � . . . ,. I�othi-�o in this AGREE�IEiVT shali pzohibit or resEri�t the �, , . '. "xight o# the ��fPLOYE�2 fzom stirontrzctin� wcck pextorrxaed by �• � .. � �.-�emplayees covered by this AGREEII�IENT, . • - ' ' � ' . . A:.Tt.LICLE XIV D1SCl,'c LI1�E' (?t} • _ . . . ,. . . . , . . �• � �.• ' � . :', _ x'he EMPLOYE� rai;1 disapline emp?oye�s anly foz just ." `.-. . cause. . • .. • . .. . . . . . . , . . . . ., . . - • • . .. ' � � ARTICi.E�XV SENIORITX .(t1} . . �� . . _ . • , . -, . . '. Se.nioxity. will. be tbe deEermini.ng cziterion for transfers,.� ''' '.. .� promo�ions and lay affs, on?y tivhen a11 ofiher �nzli#ication Sactprs .. �-' axa eqnal: ' - � '. • ' .. .. , . ' . . •' ATtTIGLE XVI PROBATIONARY PERIOAS (�1) _ � � -. . . - •_ 16,1 Ali ne�vl f hixed or rehired erri�loyees will serve a six�(6) ' .� .. ' , • .� 'in�nEhs� probationary period. • . .... • ' . ' ' , . • .. • 1b,2 ,Ali employees will serv� a su (6) mon:hs' probationary ,� . �. •, period in any job cl2ssificatioa in �vhich the ernployee ��• Y � � ' ' has not served a p�obationary period, . � , ' . � . • 16. 3�t any time during the probationary peziod a ne�vly �, . - •� �ired or relzired employcc may be terminated at the • • • so�c discretion of Y2ie �A4PL01'�R, • � �•• • �1�.4 At any iime durino the probationary period a promotcd • . • oY �•cassioacd cmp2oyee may be dcmoted or xcassigr.ed ... • Eo tlic employcc's previous posilion�at the solc discretion � ' . , ' of il�c �MPIA�'�R. . • ' , � , • � , . � . . -10- ' ' • , RTICLE XUII' SAFf7Y (t1) . ' , ' .Th2 EI-iPLOYER and the Ut1I0?I agree to jointly prcmote •� afe and healthfuT �•rorking conditions, to cooperate in safety '. atters and to encourage employees to work in a safe manner. RTICLE Y,VIII JOQ POSTIpG (t•1 & L) � 18.1 Tlie E(•f?LOYER and the Union agree that permanent job . . vacancies t•�ithin the designated bargaining unit shail be ' .filled based on the concepi of promotion from within , � ' provided that applicants: ,' 18.11 have the necessary qualifications to meet . '• •� standards of the job vacancy; and � , 18.12 fiave the ability to perform the duties and - responsibilities of the job vacancy. '�. 1II.2 Emplo��ees filling a l�ighzr job class based on the provisions of ihis ARTICLr shall be subject to the conditions or' . ' ARTICLE XVI (PROBATIOPlARY PEP.IODS} � � 18.3 The Et�PLOYEP, P�as the right of final decision in the.selectiDn . of employees to fi71 posted jobs based on qualifications, � , abilities and experience. . . - 18.4 Job vacancies tiaithin the designated bargaining unit tirill be , posted for five (5) ��rorking days so that members of the � � bargaining urit can he considered for such vacancies. � 18.5 Present quaYified members of the bargaini�g unit tirill not be excluded '� from consideration for th� position of Foreman. Foremem tiaill�not be covered by the sane job posting and hiring practices as contain2d in • the naster contract. The City reserves the right to hire the best qualified parson for the position, whether Uie employee ander consideration is a p�•esent City empToyee or not. . '. . s r� -11- • , • , ' . . .L.1.....�. � ... . . . . .. . . . \ . . � ' _� �� .. 9 0 XIX It;SURAFlCE (h1 E L) a ; 19.1 The City will pay for employee's Health and Hospital Insurance and the employee pays for dependent coverage, except as noted below. The City aTso provides life insurance equal to annual salary with a maximum of $10,000 for the employee. The City also provides additional AD&D insurance eqlial to salary, with a maximum of $10,000 for the employee. 19.2 Th��-faP-L-4kE-f:-�ai-'47�-caatribute-up-to-a-�ax9maro-o# 3a�t�-�dall-a-ns--(�b4.DII�-�ex mrnrttrve7'-emR}ovee-for-qrodp-hea�tH-an�i-a iie-�fls��ce-,--��rcktc�irx}-c�clper��aat -coveraqe�c-be<tit�Ri-r�g-w€ tiH-cHe- Fe��aa�y- a A��-a+�3ur�nc� #�-rt�^�iw.�-and--t��¢��� t�w -D-remi-um -eo- ve r}n g-� b e-maq �H- o€- Deee�r- a1J-7� The EM�LOYER Niill contribute up to a maximum of sixt.y-five dollars ($65.00) per month per employee for group health and life insurance includinq dependent cov- erage for the year 1978 and up to a maximum ef severty-two dollars (�72.00) per month for the year 1979. '�RTICLE XX HOLIDAYS (M) The EMPLOYER will provide ten (101 paid holidays for ihe ,year 1978 and ten (10) paid holida.ys for the year 1979. � -12- IJ� 0 Fl� 7ICLE XXI VACATIOt1S (�� - : . • 21.1 Each em�loyee of the City riho has worked continuously for the City for a period of not less than six (G) successive months is entitled to a vacation ao-�ay from employn2nt. with pay. Vacation pay shall be computed�at the regular rate of pay to which .. - such employee is entitled, An employee 4rho has worked a minimum of twelve (i2) months�is entitled to one (1) vrorkday of vacation - .for each month so vrorked. An employee ��1ho has vrorked eighty-four (II4) consecutive months is entitled to one and one-hal'f (7z) tivorkdays of vacation for each month �•iorked beginning vlith the eighty-fifth (85th) manth of con�ecutive emp7oyment. An employee whn has �aorked one hundred eighty (180} successive months is entitled to one and taio-thirds (1 2/3) ��lorkdays of vacation for each rnonth worked beginning ti�rith the one hundred eighty-first (181st) month of consecutive employment. Except where other4:ise provided by agreenent.bettveen the City l�lanager and Employee, no more than twenty (20) days vacation may be taken in any one calendar year. 21.2 Employees are not authorized to carry over from one year to the neat more than five (5} days of vacation over t�hat the e�ployee •- had at the end of th'e previous year, 1•�ithout express approval of his Departn�nt Nead and the City Pianager. � . • , 21.3 In t)is event a re9ular full time employee quits or his employm�ent is severed for any reason s�iha�soever, he shall receive his earned vacation pay. 21.4 5eniority ti�iill.apply on vacations up to tlay ist of each year. After Fiay lst, vacations wiii 6e on a first come, first served basis. -13- , , ..,; . , . , . � CLE XXII STAND6Y Pr1Y AtlD 11IIl1�•fUi•1 CALL L'ACY. FOR STAPlD3Y E1�iPL0YEES (L) 22.1 Employees viho are d�signated by Cize City �4ar.ager to serve in a"standby" status on behalf of the City on a Saturday or Sunday or other holiday of the City to perform �•rork as may . � be necessary to the pu5lic interest on such day will receive as compensation for such service as "standby" tYro hours of overtime pay for each day served in such status. If on any •, such day the employee in "standby" shall actually perform tiaork for the City, he sha}1 be entit7ed to compensaton for each . hour or portion thereof actually worked at the overtir.ie rate of pay, �•�hich shall�be in addition to the tero hours standby pay. •. 22.2 An emp]oyee who is on standby, and is called out to perform work, shal'I be paid a rninimum of ane (1) hour overtime for performing such �lork. � . � . ' 1RTICLE XXITI ErSPLOYEE EDUCATIO�I PFC��R4h� (L) . . " �• 23.1' The City V�ill pay tuition costs for training courses relavent to the employee's present or anticipated career responsibi�ities - at City approved institutions. The City will pay fifty percent of the cost of tuition in advance and the a�nployee ti•riil pay the other _' fifty percer.t. The enployee �vill be required to present to, li�s �-. pepartment Hzad a certification of satisfactory Vrork���ihen the cou.rse is conpleted. � , _ .• . 23.11 Courses issuing a letter grade - a"C" or above is required. 23.12 Courses issuing a numerical grade - a"70" percentile is required. � ' ' ' 23.13 Courses not issuing a 9rade - a certification fro�n the '. instructor eertifying that the student has satisfactorily participated in the activities of the courses is required. � • • �-14- . ' . 9Q .. .,., . . .: . 23.2 If the emplayee satisfactorily completes the course, he r�ill be . 9 R reimGursed for the additional fifty percent tuition. Th2.City arill not reimburse the employee for fees rihich are charged for •• instruct�on, associated administrative expense, books, student '� membership, student hea7th coverage and other charges for tiahich the student receives some item or service. • , • 23.3 7he City will not reimburse the employee for expenses reimbursed ., urider some other.education system or program, i.e., G.I. Bill. �'ARTICLE XXIU � NCR'rtAL SICK LEAVE (Lj _ � 24.1 Any employee �•;ho is unable to vrork because of sickness or injury „may obtain sick leave upan notice to the City. 4lritten verification oi his condition by a competent niedical authority may be required. . Where the condition of the empioyee is such that he is unab7e to act ,, for himsetf, th2 UNIOh may apply for such leave ot absence in his behalf. Fai]ure to notify the Ci±y subjects the employee to ' ' appropriate discipline by the City. •. � � 24.2 Each employee of the City who has �aorked regularly for the City fior a period of not less than six (6) successive montf�s is entitled io ,• sick leave away from employm�nt rrith pay. 5ick leave pay shall be Computed at the regular rate of pay to which such employee is entitled. ' An�emoloyee riho has ►��or{:ed a minimum of six (6) months is entit7ed to one (1) day of sick leave for each mor.th worked, cumulative to one hundrect tti��enty (120) days of sick leave. After one hundred � t�.enty (120) earned and unused days of sick leave have accumulated,' one (1) day additional vication shall be granted to an employee for .' every three'(3} sick leave days ea'rned and unused. �7he employee may elect, aftcr ninety (90} earned and unused days oP sicl; lcave have �• .accumutated, to receive one {1) d�y additional vacation for every -15- �. :�three (3) sick ]eave da�s earned and unused. Sick leave days shall not . accumulate beyond one hundred twenty (120). Qe€ore zny sick leave .,' co;npensation is paid, the City may request and is entitled to recei've fron any cmployee �•rho has been absent more than three (3) days in succession, a certificate signed by a cor�etent physician or other medical attendant certifying to the fact that the absence was in fact due.to sickness and not othe nvise. • 7he City also'reserves fihe right to have an examination made � at any time of any person cTaiming absence by reason of�sickness; such examinaiion may be made �•�hen the City deems the same reasonably necessary to verify the sickness claimed and may be �ade in behalf 'csf the City any any competent person designated by �Re City. Sick leave is to be used normally for the sickness of the employee only, however, two sick days per year may be used for the io7iowing specified uses: • i]lness of child {1) Serious illness of the spouse. (2) Serious The special use days cannot be accumulated • from ane year to the next and if they are not used, they are included 1n the normal sick leave accumulation. ARTICLE XXV INJURY ON JOB (L) My ful7 time City employee who has been employed by the City at least six (G) months, injured on his regular �ob, shall be entitled to full pay up to a period of ninety (90) days �•ihile he is absent from �ti�crk by reason � of such injury and his accrued sick leave tiri37 not be chargca:until after and beginning ti•rith the ninety-first (915t} day of abse�ce from tuork by . �$ reason of such injury, provided; however, the amount of any compensation shall � be reduced by any payment received by the injured employee from Svorkmen's tompensation insurance, an emptoyee who claims an absence from �rork due to an injury sustained on his regular job is subjecC to an examirtation to be made in bchalf of the City by a person competent to perform the san� and as is designated by the City. � -16- s � -,r ■. � . . t a 9T ARTICLE XY.VI FUIIERAL PAY (L) • � ' •:In case of death occurring, in thz immediate family of an employee, such . n employee may be er.cused from v�ork for up to three days with additional � ' . ime off granted by the City Ffanager if additional time is needed. 7his ime off shall not subject the employee to loss of pay. For this purpose, . embers of the immediate fanily of th� employee are considered to be the fotlo�rring: spouse, chi7d (naturai or adopted), narent, grandparent, brother sister, mother-in-latir or father-in-law. • • �� � � ARTICLE XXVII JURY PAY Ai7D 4lITNESS FEES (l) " , . � 'An employee who has been duly summoned fior jury duty in any court or vrho has been duly sumnoned as a witness in any proceeding, shall'be ezcused � fr�m ti:�ork for the purpose of complying ti•iith such sumoions, and while absent from t•rork in accordanc� 1:hzr•ewith, such employ�e shall be �entitled to receive �s pay a sum of money equal �o��the difference bet:•�een t�ha•t he received as �ompensaton for such jury duty or witness fees, and his regular pay. ' HRTICLE XXVIII h1ILI7ARY LEAVE (L) • � �• : Any enployee absent frcm work ir. accordarce vtith the order of a duty . �• established nilitar;� authority shail receive pay and compensation during • such ebsence as is provided by S�ate Law. � ' •� � 0 «�]� � : . ii s e of by this AGR[EMENT for the duration of the AGR[Cf�1ENT. Chief Mechanic Heavy Equipment Operator (Sr. Searer, 4later, Park and Street) Mechanic SFecialist (Seerer, Wat2r, Park, Street and General} Light Equipment (Sewer, kater, Park, Street and Opr. and Plaintenance Man) Sanitation, Water, Park, Street and Equipment Maintenance Person 1978 BhSE SAL�RY 747f3 ¢ASE SALARY 1979 6ASE SALAP,Y 1/1 7E THRU 12/31/]0 1/1/JS THRU 12/31/78 1/1/79 THRU 12/31/79 APter After Two TWO After lst Year 2nd Year Years 1st Year 2nd Year Years lst Year 2nd Yexr Years 36=87 b7:25 SJ=63 56.93 b7.375 57.70 57.335 E7.743 St3.15 56�69 $7,66 3i,43 £6.75 �7.125 57.50 57.155 $7.553 $7.95 56=69 �7:94 37:43 S6 J5 �7.725 $7.50 $7.755 37.553 �7.95 56-49 56,86 57:F} $6.552 56.916 b7.28 56.957 57.344 $7.73 54,89 56:8} b6-65 $6.-99 $6.345 $6.698 57.05 $6.75 57.125 $7.50 S�=a§ E6:43 56.066 $6.403 g6.74 56.411 $6.831 $7,�g Employees hired after December 31, 1976 will start at a.wage rate equal to ninety (90) percent of the contract rate for the job classification into which the enployee is hired for the employee's first .year. This rat� wili incrnase to ninety-fi��e (95) percent of the contract rate for the enplo.yee's secoizd year, and move to the contract rate for the employee's third year of emptoy�nt. ARTICLE XXX INCENTIVE PAY (LO�IGEVITY) (L) _ ' lncentive Pay wi11 be paid over and above the base rate of pay for employees permanently hired prior to t•tarch 31, 1473 according to the follaJing scfiedule: After 5 yeats �f Service - 2'£ry of base salary rounded to the nearest dotlar amount After 10 years of service - 5N of base salaiy rourtded to the nearest dollar amount • Ilfter 15 years of ser��i cc - 7�Zx of base salary rounded to the nearest dollar amount • - l II- 9U . � _ , ,.; , ,.. . . . . .. . . ' • •.. •• ' . . Q � ... . �p�2 Tl�c City of Fr,idley has agrced'to pay incentivc pay to cmployees � � hired prior to t•tarch 31, 1973 in reco9nition of their,prior service ,. and contribu�ion to the City of Fridic�. �ieither the City nor the � � Union rrill at.tempt to take a��ray lon9evity or incentive pay for •. . -,• , . those persons hired prior to t•iarch 31, 1973, in future contracfis. ,, •.. ' 71ae amount of incentive pay for eligible �rnployees rrill be ' n°gotiated�for the affected emplo��ees. ; ' . �. ' . _. • � 77CL[ XXY,I ' UNTFORi�fS i�� , . • . • ` •. . � The Cit�� of Fridlcy wi11 furnish unifiorros to empioyees of the bargaining • �.- i� free oT' cliarge to ihe emp]oyee: The City reserves ihe right to seteci� �� e type o��uniform to be furnished. 7he C.ity will agree to furnish rain .. �uipment and special safety equi�rent fcr ull E�nployecs. • • ' . •' . 2TICl.E XXXII SE'JERAiiCE PAY •CLj . � ' • , • . � � : . - � ' � 32•'] Erployees permanently hired pi�ior to Flarch 31, 7973 are e7igible -'. • , for. severance pay, accordi.r�g to the fiol]oti•ring schedule: ' '� •. ,� � , .. - • • .. .r . • . , 32.11�• "An enployee ti•rith fcrty-eiyht (48} or more consecut9ve monti�s . • • -� , of employ�nent t•ril i receive severance pay in cash based�on one �� . .� and on�-half (12) days for each tti•relve (]2) c�nsecutive months .. warl:ed, hut not to exceed ti�irty (30) days of same." '. � �2.2 Employ�°s hired aiter i•larch 31, 1973 t•:ill not be eligible for severance� ,��� ' • . • .pay. The City'recoc�nizes its prior co:r.n�tnent to employe�s permanently • •hired pripr to t•tarcli 31, 1973, heither the City nor the Ui�IO�! ti•ril7 � '' � • atte;rpt to reJuce severance pay for those eligible employees in future • . contracts. • � • • . , . . . ,� . _19_ . 1 , ;: . : �RTSCLG Y,XXIII REI'P,ESEIlTP�TII+E Oi! P�REA 4lID� Fl[GOTIATIO��S (�) �' 9�r If the UtdIOfl chnoses to use one of the personnel from the Fridley rrork orce as a representative on the area ti•�ide bargaining unit for more than one year three, Local Jio. 49 ti�ill pay the salary of such employee for the second year, . r the�time spent on area wide n�gotiations. 7he purpose is to spread the st of such representation among the several co„ununities involved in joint gotiations.• . . . TICLE XXXIV • , , Wf1TV�R. {M) . . . . .1 .Any and aIl prior zgrcements, resolutions; practices , • � � . ' ' ' policics, r.ules anci redulations regarding terms and � '. -•. conditions of empioyment, to the extenE inconsistent ' ' � ' ' wiEh the provi.sioas of Ehis AGFiEEMENT, are hereby� • �.. � • . - superceded. • • . • - '. � ' .' .2 Th� partie's mufua7,Iy aclno��lec�ge that during the ne- �. . • . gotizEions �vhich xesulted in this AGREEMEIVT, eacli • . ,..had fhe unlimiEcd righ� and opporfunity to make cle- • • : f•� • � •• mands and proposals with respect to any terzn ox . ' • • . . , �. � condiiion o# employment not removed by law from L � •• �• � :, bargaining, AlI agreements and undersia�dings • �. ' . ' : ' ; . . . . arrived at by the parEies are sei forth in ��vriting ia ' � � �� ' � fhis AGREEh1EN'I' ;.or-the stipulated duratior. o£ this ' � � • ' • • ' • ' . AGfi��MENT,. The EMPLOYER and the UNION each . � � ' ' � � • ,• Voluntarily and unqualifiedly �vaives the r_ght to � ' � � ' � ' . meeE and neootiate reoarding any and a11 terms and � .� ' � , • ' •eondiEions of employment referred to or covered _ � . � ' • ' •� • in this ACREEnd�NT or �vith resnect to any term ' � • ' � �. �- ox condition o; employment hot specifically referred • �• •' .' to px covered by this.AGF�EEA4E\TT, even though sucn �tex�n,s� �. �' f. ' ox condiHons may noE have becn tvithin.the knowled�e �' ' �' � ox contcmplaEion of eithe: or both partics at ihe timc this ' contract «•ss ne�oliated or executed, . • . . ,• ' ; • •. . . • .. , • . ' �. . . •..: j , • . • . ' ' -20- ' ' , . ... ' • . •. , r. , z, i c�.� �xzr,v ouiznrr o;� (��) . ' 7his AGR=Cf4EtaT shal) be effective as of Januairy ), 1973 and sha11 remain in full =e znd effect until December 31, 7g79, � witness orhereof, the parties hereto have executed this AGREEt•tENT on this day of , 1978. ►YOR - 4lILLIAfq J. NEE �R Il;TER•;,",TIOVAL 11�lIOi� OF Q?E"nATIP�G Eh;GItdEERS, LOCAL tVO. 49 >IfJES—��T _ �q�,iES E. BOthfER l.� . :IJARD - D�NALD C. CARRIGa'� L.!i�/ .� � .�� �R___�� �+��{rcu - CHESTER C. S:1E4VSQV ^commend to the City I•lanager and Council that tf�e City of frid)ey ei�ter into the ic 11GREE1•i�NT for tlie y�ar )977; 7B, -z�- 9X 0 .. _ . .. ... . .. ... . CITY OF FRIDLEY MEMORANDUM MEMO T0: \Richard N. Sobiech, Public Works Director / MEMO FROM: � C�de Moravetz / DATE: February 22, 1978 SUBJECT: PROPOSED STREET LIGHTING IN SOUTH INNSBRUCK AREA The recently received petition for street lights in South Innsbruck il- lustrates placement of lights in the same areas I suggested a year ago. The South Innsbruck area is a residential area having a company (NSP) owned underground electric distribution system. So designated, the area qualifies itself to reduced labor and installation costs for the imple- mentation of street lighting. The existing City-wide street lighting policy provides for lighting at 1) intersections,2) sharp curoes,3) dead ends and 4) high vandalism areas. Exceptions have been made in areas detested by homeowners and area resi- denks. In the underground distribution districts such as South Innsbruck, a$2/foot trenching charge is assessed with a 50 foot credit per street light. Eoring under concrete driveways and replacement of blacktop driveways includes a $6/foot charge. To accommodate the proposed 16 street light locations, approximately 800 feet of trenching is required. With the 50 foot credit per light, there wi11 not be an installation charge on this project� however, a charge of $100 to $200 will be assessed against the City for boring under hard surface driveways. NSP prefers not to perform any earth restoration because of the problems involved. They will however, do it at a rate of $3/foot. This would amount to 800 x$3 or $2,400. I caould assume that City forces could restore the disturbed areas for considerably less. The trenching width will vary frota 8" to 12". Perhaps it could be suggested that the area homeowners reimburse the City the actual restoration cost, or perform the restoration work them- selves. The involved green area restoration will not be very extensive. NSP requests the City to obtain permission of the effected property owners allowing NSP to perform the related work. Actual easements are not necessary for the installations. The actual energy costs per month for the proposed 16 lights are as follows: 175 Watt mercury vapor (8100 lumens). . .$8.45 *100 watt high pressure sodium (9500 lumens) ..$9.20 *Recommended because of higher lmnens with less wattage. C1/M/gra 10 CITY OP FRIDLEY PETITI�N COVER SHEET Peti�ion Nn, 4-1978 _ Date Received Fe6rUdrV 22, 1978 object Street Ligh �ng�_South Innsbruck Area Petition Checked By , Percent Signing Referred to Ci[y Council Diaposition Date lo a Innsbruck Homeowners Association Inc. February 16, 1978 Mr. Dick Sobiech, Director Public Works City of Fridley 6431 University Avenue Fridley, Minnesota 55433 Dear Mr, Sobiech: The residents and property owners in the "South Innsburck Area" of the city of Fridley who have signed on the two attached petitions respectfully request that you put these petitions before the City Council for consideration of installing street lighting in their section of Innsbruck. Exhibit "B" attached to the petition marked number (1) is a map of the area and has been colored for easy determination of the overwhelming number of residences desiring street Iighting. This map indicates a total of 158 occupiable lots. Of this total 110 are colored green to indicate those requesting and desiring street lighting. The 12 lots colored red are those who either opposed street lights or didn't siqn because they did not want to express an opinion either way. The 29 uncolored lots indicate those who could not be contacted on at least two tries. The 7 vacant lots are so marked. These petitions, therefore, indicate 908 of the residences contacted do favor street lighting. Exhibit "A" Detail "A" indicates the residents preference £or style of £ixture and pole. On behalf of the concerned residents of the "South Innsbruck Area" T present these petitions to you to followup on their request. Pl.ease contact me at my office (phone no. 755-7660) at any time if you have comments or questions. Also let me know if you would like representatives of this group to be present at the council meeting, and the date when it will be up for consideration. Thank you for your kind consideration and assistance. Very truly yours, INNSBRUCK HOMEpWivEgg ASSOCIATION � �.G� � "" Glenn M. Stout President GMS/jb Enclosures \ IO g � a---•. , PETITION October 24, 1g77 We, the undersigned resident-s and property owners of the property as indicated by the addresses listed below, situated in the FRIDLEY area of INNSBRUCK known tc the.CITY of FRIDLEY as "SOUTH INNSBRUCR AREA" do hereby petition the city council of the CITY o£ FRIDLEY to install street lighting in accordance with attached exhibit "A" detail "A" showing 1S ft, fibre glass pole with traditional head, exhibit "B" showing sixteen (16) proposed locations for 175 watt mercury vapor street lights, and in accordance with the existing street lighting policy of the CITY of FRIDLEY. It is understood by the charged to, or assessed costs and installation base. petitioners that no additional cost will be to the property owners as the street lighting costs are already calculated into the city tax 5. 7._ 8. J _ g' � io.� `11.. L .���L� ���/� /q�� , ,�: ._ ADDRESS /s37 �. �� }8 �„ � �P� f..�� ZZ-- � Dn n.� 0"v/�Y %g y%!R � /. �.�3 �s��J �� �'soy ,�/��� �, /�,�- � u��„�,,�,�� i� ,�- v _ , - � �-- " ' � � • � ` ��. �/ �E'2w�� ;�sY �<�s,_So� eJ�� �"'�f� YG�/��J /�L,[/� / vr /57 % � .i/i�' /�/A/l'� L('/ /�5.9/ �ito /kaa�N �%�. 5 5 —iu-C�Ca .ct>�M� _/S5<9 �.Q- DATE i�� / a 7 %�5- % � rc - :.fi �'%% z��s -��7� //J ��S- �7 /6 /zs 7 /� '�., -�, lc� ��7 �/- � - � //-3- ? 7 /i-3- 7] J/- //- 97' fl-1.3-77 i�— is -77 /J .s. �-' "'� � ''�'`%'r� /! -� is '- %7 `, ` + � /1 '`' �� " /� - �age 1 lO C T ` 38. October 24, 1977 Supplemental page to page one petition to the CITY of FRIDLEY City Counail for street lighting : �� ' � .�.:.. ,�, _._ _ �r�..'�'����' i 39. 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'i�„d_-, �^�' � �� ���� ; Choflse from ��'�� �'�', ciean, simple, rr� ^' t., '��° '� � ` attractive designs. ,�,�, ,� .,� �, ` ` , ��',. ` '' `r.,, ��- • several 15 foot standards �"�"*±�� �;,.`,�`,�°`* �,���" : • a variety of post top ''�� ,.,. ` luminaires e'�'�'f : ' � � i��.� r, � �.. t�,p �� i♦ �Mb t " s � ' �}� �{;5���'..,�y-�.F 3if �, i-R., �...�� � I � �'� _—_. � _ �. ��'R��--�.Y � ``�.�xa._ �. _ � ,�� ' �� , - - ' �� -- --� -- . '4- 5 9 i . . �\ . ��,v'tr . .ss �, p� i3 ♦ ! •pf _ Y *F�ys. . \ / , P� . �. �..:� . � t � � • � / A . � . . . . . .. , �a . , ... _ . . .. . . � .,....j ¢ . � � . . . �. . . . � � - . � _ . � � . . .. . ..... . . :: . .. . . � �. � . . � �._l_ �_ -- . . . . . . . 7 M���'" � � �," � .. . . . � 1 �"l`,`r ..wx.e,.-, � "�6 a .�. s," � �' �'�`+ .r;�"�.+�a ,�;;' ��. �'� ��a� •� � 1,.. �� ;.x. ! • ,� ` i -,s� 1 F . `�� # _.� � ,�cq�', i.�,-: 1 � ; , „ : �. k , P'.f.ir'�'Ji ��t ��`{�.a•� . . ,?... �• -i����$► . .iW. � �„�'�'-.-v . . . "rr. _..�, � . . '� . . � . �-` ' . �� . . ._... . n`x,,....�� .......:..µ,�.,-wr� / ` . . . << ' . . , _ . ' . � � . .. . . , ��.� �yr` . ..' . � �c ;:, a.raw.�.�f✓'� ' �.., .. . . � _....r= .�.�..:._:��..._ .,..�,... _._ _ .._. . _. :— 10 F `'I ,I ... .. �- < PETITION October 24, 1977 We, the undersigned residents and property owners of the property as indicated by the addresses listed below, situated in the FRIDLEY area of INNSBRUCK known to the CITY of FRIDLEY as "SOUTH INNSBRUCK AREA" do hereby petition the city council of the CITY of FRIDLEY to install street lighting in accordance with attached exhibit "A" detail "A" showing 15 ft. fibre glass pole with traditional head, exhibit "B" showing sixteen (16) proposed locations for 175 watt mercury vapor street lights, and in accordance with the existing street lighting policy of the CITY of FRIDLEY. It is understood by the petitioners that no additional cost will be charqed to, or assessed to the property owners as the street lighting costs and installation costs are alseady calculated into the city tax base. NAME ADDRESS DATE jcJZr,. i�a< uz., �a-�,•-Q S // �Oi,,: �. �4� 1�Z0 �`l.e,2fLL� ,/9�>. IS�T/�! �� ��.�L�� �, , � / �D CS :> � L,F ��i,�8 ��I�i�l�l�.f��.: i..:?.nYti+�,C`�_LYs, i�,�,�-r, S/�y )�!��t?:-L�r,-?, ,�iti 8 . ✓ _ {r�,�n' �/� r�72' ��5�' //"�LL(19 LS' s . ',,+(�°-' ;.Lrn�-i: C, .�'L'..l•lE� e2._ � _,.( � � t�..: c. , 9. � � _�� C�- � ��ib ��z�.�, v.�/ lo. ,�(ir�� �, �,% i . ,;L�� �r,z 3� /1'>���n-�'�,�,� 10 G �� c-. :z � 9 ?7 ;,�. n � � �� /` 0'G' Z / /r%i, ;�-�,_ :=� 7-/y � I ����7 � '� ,�.. f7 ��j � 7 r^ 7� ~ n� ?n i�y7 �/��U �� /�% 7) ," �,`� � / �/�� �}'L6il 3. % � � `� 7 7 %�.�v 'r � � r 77 - - "',._1�i77 �' �� '%7� a-' - " �„ ? r�i9 7 �'�� �iy�� ��i5)� a 2 2 Supplemental page to page one petition to the CITY bf FRIDLEY City Council for street lighting October 24, 1977 ADDRESS 53 7�O }�1 a rf ,�,.�. .5��1� J` li.r/,,��,,�; �� 53a� d�(���-;-�; �. � �-. �s3 ��' ,; ; . .�w� ,�-�.� ��-s� ���,�,�.,� ti v2 ' .rf-,�. � �, ,� „ zs.� �/�_������!'..a�� 29. �1 �1 �A� 30: �'i; ..i-sr-:�_ �,z � � si.,��,,,,f�! ��-�-e-� 3z.�'�-e.�– GtJ��- . 33. 34 ., 35. 36. 37. ss.�'�{i�-, . ,t�i.l�,��� 39.. rl.,..o ( �' �' i t.�l�� , �N� 3 �l�C ��t �G'-Y�O _� � sii3 �i�: � o -, . .�� �l 3 — c.� ` � .35 .��.� �i� - ! �5'O /'/�� t' .'r oC �,-._ � T7 � �(�.-c4-c c.P-t � e 14 6 3 4 -- .j'>, 3 �f.3 / / • �.�"+ctiw �-�w , ! �I�I.S� Wihele �.e�-e l�t�', / ys'( G'/�� � �.:., � - r � ��� . yrf�. «� ,�:�.� - Page 2 - DATE -a�-�� 1!��a�.,Lzz � 1 ) �� i�-� �- � �� /� �� / —2i � �� �-z==>> �r--�� - ?7 I( -�l'�1 //- � 7-77 ll- 2 �- �7 ii -z�-» I/�j-7 7 // �> 7 / �� 7 I�� �- 1� �/ �7 7. /2/Z/'] 7 :Zy ,. �x s 10 H Supplemental page to page one petition to the CITY of FRIDLEY City Council for street lighting 4 0 . � ,C9� . _d�.�,a —�-- 41. 42. 43. 44. 45. ADDP.ESS October 24, 1977 DATE l� / v_P,n S'�- ,/1�1 �Yi7Z. � - � ' l -�• , �-;t�uii- Si� iLto2,fL �7n iz-�-t-77 J�� / ��✓�/�"/ G`Zc.� � �'� r � ��L-. ,1'y�,�.� �i�t, � S�� l � /17vu � /v _ Y �I% / f 'GLC//RC,ftf D/C •-/-- ��''ZO /2oGL «CrEN �niv. � �� �c, U�l�. t �t..--�� � , � r � � J � I�i%�.., '? , c.: �,, � � �. L � / �-�C.Gr� 2.,5,�..� ,�3. %�.�.z, %lM-�.�ldu�m/ �� t<1�o l e���a-�nc,4N �i'C. ��:.; � n,�:P �,��� `Jl4 ,t<<eP��, h.�f'%�-, l�c� �� �� � � � /%lo ;'# %A�'�'.F;t�l�s['_. t +-i a 3 lG�.s..tiX�{9-w? r�i�3 �,�-<<: `�,� �z. I�i; s ,u ,� /S� � �/ t�/�C„+�'x /�'�L.�- c/ �r�� .r�.�:�/<<�.�>_ �c'� � /L /�--�/-� 7 �'2-�� /Z - U-77 / 2 -c/- 7� � 2 �—� �7 . � 1 C' '7 `� 1Z,4' )� i ! L/ � 7 /T�77— ! Z �l 7 12-� .-i� i�- � - `� � ��- - � )� . /=— y—� � %2- u- 77 �z- �- �� ? 77 ��'7�%7 7 ; .z!c//� —_ T�- 10 I October 24, 1977 Supplemental page to page one petition to the CITY of FR7DLEY City Council for street lighting 6 $ . ".�. td•. �� �. �.�� �.-.- G'-r 66. ���, � s�� 67. ^ilL� afiZ.� 68. h � � : _ _ �._ --�'��� �� J 8 � � � , i �c, l ::!—QJ si. -���� :�F�.��� � ADDRESS �J�-�a ��ec,�,�� O�/s �3 r/.�.,�n�_�.— /<,29 l✓�r«1.-ms,^ F)` / 5�.�.1 �<�,�c.��F �C�!'c %I 2 DATE �_ 4- �i' `��/• 77 /a-//-19 /L-r.�- i7 / `f �� `7 C�s-��a-,.K..,�r �,�. / �- - �/ -77 � ;T ���% %�/��G�nck.e-e �(% /.� a-�c /� - /� -.�� /J �� � `l'�� L(.�1t�.((iz�„�:f (��_. ,�% i 2-//_ l�-/'� �� (1 �'�r.�.1?.',N:��c� CC',C�:1. /.'3 ii -1� , , i �fl � `'!��...�'`.�,u-4 ;�t% . / �f,'�/ L;!I r,��lrs.�e �-i. r i �f �� ik�i,,,t,�n�c�n �� /S09 //I/i�/aC-'i;/E.e6 /so�> (,v��n��rr��-e / °5�5� ���ti�rl��> > � � � 0 (�,��_._. � � �� �`� �.�-A;�,� '��/'7'�; ��i� �-� / / /i��-�L�C,C:iZsrix<..1L1'L�. .�J'.33 /��tI�CLG'�L�EZ�,_' l._ _s3s.3h����-:,��_ e.-;'r�fl �a „� C��,r �� /u��P l� ,.� .�. /N i��- `�./��r-- �.�'��_ _ —, �L. � � 4'��.c,.w°.-,�,....-t, ,�`�S i vJ � � /z� /.� r� � - ��- rr � /2 - //- 7 7 2 -ii -77 /a_i�-77 J�-(1=7� La -i�-�� �i - %.� - ��}� �' `/ 2 - 7 q� �-� ` - � ?. /? ?,� �-1z �� � -�z-�v IO J I1AME Supplemental page to page one petition to the CITY of FRIDLEY City Council for street lighting s4.y� ).a_ �_ �/!Jn,o.T Ylz�4 �. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. 101. 102. 103. 104. 105. 106. ADDRESS , . _ . . 1 •,, October 24, 1977 DA7'E _ o� � �-� �o � 1 . _ ._ __ __ _. . ___ ..�. ��.�}�� . . • Or-� • . I•' �.^�` .�� S�� W�i; �'W�.. �., `�• �; I�F �NF� - � 1I1hr'� �T�'v �...� L ' ti � I 1� , a . . r..: -... wre ...L�y.C�� r �, � ,�� . Jl, `` WN- ' _( .' ; . wr � • •«. � !,� A• � ' `� I 'L' ��� 1 • 1 . ���i � � � • �/ � � � I � � � ���' _ y ; /NNSBRUGK � . �, .. � � `' •� ' ' DR'VE...-.. •:,•hfl+T7ERH0 { ��"flRr�.. • � ;,,.;—„—. 1ATTERH4RN -,,••,— � _� _ . . � � ,� .. .... .,.. �; , + � N'r�. 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' _'_'."' . _, i `� N { . �yl . � v �,,YS `D � -�1'- � � � � � � : � `at_..__. . �t {� , s.•,. � �., fi:'�� \�,� '"' . p , .�_��,�1 'L�e ' . �� ^ �: ..�..� ••c W �p 1� `Olu � i:i � � .�` � - �:' ' . lu C� p --(,��.� . $ _ ���T� `� .. � � T ! •W ���� '' ��+���Y � :.- �at � ; ! t ' . ��''� •:`- �A � �3�`� ' : ' "� J.'z•,; � ; p.. ,,,, • ""' `�'', n .. • � �,, � � IV �(.f'.� �1 '.�J'c - v + � p� , ., � � �. "� [i � iC, ♦--�'.'.'!r—: C.- � �/°'+� , +' � na C s.' � .... � . . �� ��� t' J � s . ..,.J i ' � `" ' l.. ' °� � r � ,� � �I ` I �; �,...-....— ". _ _ ."u ..✓� 4��� .� '� �ti i. a� h V C m � � —�..., i � .� .. _��� jjjljl� �-yy�e� � .'".� n �w'L � � lF� a • �. :r (((��y i E`� $t T� ' ...':�� ' .. � A � . . X \ ! .. A ��' .. F�n ' � o r r �i W�� � -` ... .�.. �` i M. � 7 > i 10 ��� i) �� •. .. �• ' .���r W � � '•,\v .. Or w.�� � �� � � . � k {' .t . ' i • ar' N , � ` \ . i . b �.., t� �' ��� . .,.1 �` ,�. E` � � �� , i -� � i�.0•' ,, �� ]]] � ^1� � ;�` ..+ •..` _ • . ' . � ♦' � !� 4v ' �( •q , � �'•' ' � I %%%���, , a�i 7�� s^. Q _ ' .. � � � ' ~�i. p � O : +� � • � 1«�. � . n-...« ��t \ �., � . • �:i��•1 i.:. �"'° t.R.., t i Y :�` � � • k .�. ° • . �?! . ���. '..._� � . A3 f, � ,: . . . . ' f . ' , . . ~ r'�.�~✓ \ '�:Y` 1M1 w I�� . [ .i ^•� � • } � � �• �..� ± � �t 1. S � l'f , ' �• ' S`, „u ,� }!I ���. .in... �y \ �'. � . . . ';3� .... ... ... . �_..... , � . AGHEEMENT � Environmental Communi.ty Services, Inc./City of Fridley THIS AGREEt9�NT made and entered into this �T_day of � �1976 by and betwcen Environmental Community Services, Inc. hex•cin- � after called the "Company" and the City of Fridley, a municipal _..-. corporation of the State of Minnesota, hereinafter called the "City". WI3EREAS, the Company�has petitianed the City to allow the Company to place, maintain and provide pickup service for pre-cast eonerete litter receptacles within the community� and � WIiEREAS, tne Company would retain the use of the exterior sur- faces of the receptacles to place advertieing for reputable and reliable businesc concerns as may contract for the space; and WHEREAS, tlie City finds that providing litter receptacles and litter pickup service within the community will be in the public interest, welfare and convenience to the people of the City of Fridley if the�Company agrees to locate and maintain said litter rcceptacles to standards agreed to in advance by the parties hcreto. CONSIDERAiION FOR TI3IS AGREEFIENT s}�all be the approval by th=_ City to allow the Company to place, maintain and provide pickup service.for pre-cast concrete litter receptacles within the com- munity. The Conpany,.their successors and assigns do hereby covenant and agnee as follows: �.� � 1. The Company sha11 be allowed to place and maintain forty �. �(40) litter receptacles throughout�the community. The � locations� however, will be restricted to.private properties. ` � 2. The Company may chang_ the design of the receptacles, but . the changes shall be subject to prior approval of the City Council or authorized City Official. The specific locatioti oi � each receptacle will be determined by the City Council or designated City 0£ficial and the Company. Each receptacle will be tamper-proof, durably constructed, will be in substantial . compliance with the attached Exhibit "A"� and will meet the � approval of the City Ordinances. � 3. No�advert.ising matter or sign shall be displayed which is for illegal.business or activity or is obscene, immoral or indecent wher, judged by contemporary community standards. No advertisir.g matte: or sign shall display the words "Stop", "Look", ^Drive-In", "Dar.ger", or any other word, phrase or symbol which � might interfere witn� tnislead, or distract traf£ic. The City will have the right to review all advertising copy to ensure � compliance wi:h this Agreement and all applicable ordinances, The City shall be-entitled to advertise�its own activities at terms mutuaily acceptable by 'he Company. The City may use any vacant advert:sing spaces to advertise its own activities with- � out any advertisin� snace charge being made by the Company; nowever, the sign cost shall be at the City's expense, while installation cost shall be at the Company's expense. 11 , � ].1 A - � Agreement -2- ' � Snvironmental Community Services, Inc./City of Fridley 4. In consideration of the right to�lease�advertising epace on Yhe�receptacles, the Company agrees to�perform thc following at�iYs own expense: � . a). To remove litter and other contents from the recep- � tacl.es on a scheduled basis, and more frequently sliould the epecific location or circumstances so require� b) To -0ispose of the refuse in a proper manner; c) To maintain� repair, or replace the receptacles as necessary, and to keep them reasonably clean, in neat and attractive appearance, free of odor and surface irregularit_es or other hazarda; � d) To ensure accessiDility during winter months through proper snowplowing activities. � �� 5. The Comyany shall fully comply with the City Code cr � Ordinance providin� for the sanitary storage, collection and disposal of refuse and garbage and the appropriate regulations and licensing requirements. 6. If it becomes�necessary to remove a receptacle or recep- tacles from any location, the Company shall leave the location in a condition of neatness and good repair�except for normal wear and tear..� . � . 7. The term of this Agreement shall be for one (1) year. 8. The Company snall De deemed at ail times to be an inde- pendent contractor and shall be responsible :or its own acts. 9. The Company sna11 File a public liability insurance poliey or policies ("policy") with the City Clerk. This policy is�to be issuad by an insurance company licenses to do business in the State of Minnesota. The policy shall provide coverage for general public liability for claims and maintenance, use, presence or�removal of any receptacle and litter for loss or damage to�persons in the amcunt of $100,000 per person and $300,000 per accident, and for loss or damage to property in the amount of $50,000. Each policy shall name the City as a joint� or co-insured. The policy shall provide it shall not be canceled or terminated without at least 10 days written notice first being given to the City. If the Company subcoritracts the refuse re- moval, the Company shall not have to file policies covering � liability resulting from the use of vehicles; instead, the Company shall require the subcontractor to furnish and file a policy eo�•ering its vehicles in amounts and form acceptable to the City.�.. 10. The Company shall provide a performance.bond in the amount of $1,000 to ensure proper maintenance and repair of the litter receptacles and litter receptacle sites during the period of this Agreement and io ensure proper removal of recep- tacles and restoration of the sites �pon termination of this Agreement. ,� � � �! � ; �, � : � � � Il B �Agreement _3_ Environmenial Community Servir.es, Inc./City of Fridley 11. It is underctood and agreed that tl�e Company may sub- contract th.e refuse removal and disposal to a rubbi,h hauling firm. The Company shall advise the City what hauling � firm it intends to use. If the City has a valid objcetion to the _. hauling subcontractor, tney shall promptly notify the Company, stating the reaeons. The objection must be made within 10 days from the date of the Company's notice� otherwise the City will. be deemed to have approved the hauling subcontractor. 12. The Company wi�ll select a site for the proper dumping � of coIlected�rubbish. 13. Upon termination of this Agreement� the Company shall remove the receptacles without cost to the City, and the places where the receptacles were located shall be restored to their former condition, normal wear and tear excepted. 14. Prior to final agreement to provide litter receptacle/ .. advertising service to private properiies within the community, the Company wi11 inform the private property owners . of this Agreement with the City. THIS AGREEMENT was signed in duplicate on 1978 at Fridley� Minnesota. ENVIRONMENTAL COMNUNITY SERVICES� INC.� By - ts Yresident CITY OF FRIDLEY � gy Hayor - William J. Nee. � By City Nanager - Nasun M. Qureshi > , ,,} ,� �ra^y ,� ;i ...a�� , Y � : ,� sn - , �x �� �' � . X ti _ �,T« 4 L ° � '�' ,�` +„".L fi r.?t :. y� .ys.�\�} ._..� . f :r awr� ir'� °R�f4� �, �_f �• �; �� � �A an.., . � I� �, � -r — � ' } �eY Implemeril,Co. , .� � �� A�. . - -,- , sae � : ;:: . :. -�d. �' _ • ^^�.�. . • . :'rtag-r.i5',,,r �-EY� .. ' �G��� s'`i%- �.�•- =��•�'^":,YXn'.�a ��i _�+'�••'{i_ K. { ___� t-� :r °s.�y,��. . _.. =� • JYI » . !. . � • � r ; . t: �+� . . � :k�. •". ,. < <. _. . -.-.__-_. ._ � _ � ._._,_.. ^"olcep r �-�"+J". � .;r� �° N � ri A � � y 4 �.; � t��vn �(� iX.�}k�t � ii,oc�, , ',�:. ��:,e�4: rfi�>��r.;; ' ad.:%�:':�.ai 'st��i �'"' 1.1 C � c.. , ;N. _ a :� *., H t a�,r., y'�� �� . . �� ��i�� � ���yyy��,�, ,� �"F`"�"".: i�"' �y: � ��y- � q�� 3 F ;3v � 8r''a .. ..� 'w...n.. �. . �.R :.�z..v t � �`.� � � H i �` • , �"'��- : , �� ' _ .a �. 7C3.�. .......... . :.,�� i . _ .+x....� :,.$ ��� . .. . .P� . � � �.. � � �` r �Y � � . � 1 i �_ + � � � .:_ � :g 4-YE�4R �` i ,� k � ���_"� WARRAPI TY ; ,� �, � k,z� { k, ,�; ;� _ � . �� !001 M�. P1FOflA5 S MONTI4VOD $pYAIIE � �ty�` 7,:. - �. ,�f s •, � . F66•169t � c9` ^2.6 eJ a - ` rx SALES-SfRVICE-RENTALS , � ` �� ' '—.1 � .. . _ 3'� i.. k.,�.w � i i ry .�...�,.. � ` �' � 1. r , . ,. ' � ., ��: � : ,er _ . ` ,� i �: �t ,�, —; , :j ;. � , � � . _.. �� . ... :.l i�_m . _ M, ...r _... ._ . ii-.: I.,p: . ',t, :fy.: � ;- -,,: , JV� • II f`•e ' � �-�.:L'-�?y+'�+7�w:�}F. �t����<���� - �1 r .= �"�'� �� � � ERICKSON BROTHERS Mr. Jerry Boardman City Planner City of Fridley Fridley City Hall Fridley, Minnesota Dear Jerry: 4567 WEST 78TH STREEi . MINNEAPOLIS, MINNESOTA 55431 55432 February 7, 1978 Presently we have another year to run on our garden store permit. With the remodeling of the interior of the store we would like to relocate the Garden Store and Boat Dept. to the East end of the building, in ef£ect making it a part of the entire store. We therefore request to appear before the City Council on February 27, 1978 for approval of this relocation. Three copies of the site plan are included herein. Very truly yours, ERICKSON B, G�'�`�` bert E. 1 anager, O� Sales Prom� REM:nlp cc: B. Steinman J. Carlson L. Larson R. Johnson � rations and ion, Twin City Stores 12 � . , _ ,� . . . _ � .. _ - •--._ .. __ �� REGULAR MEETING OF APRIL 5, 1976 15 i PAGE 7 The City IAanager stated that there is a tetter of understandrng from the parties to thesc stiputations. � ' . Mr.�Seeger-said that all they are looking for is a means of directin9 people in and out of the property in a safe manner. At present the people are making a suiciJe turn there. Nanies wi11 be added at�no expense. As other entrances � to the park become estaLlished, we wilt take the nanies off and gradually take the sign down or�renwve it. � The City Fianager said that he concurs and that he only wants to be sure that this is only an interim solution. The Public r;orks Director expanded on the dangers . emanating froin the location of the sign. �iswssion ensued concerning the stipu- lations, and the matter of a variance froin the metat structures code was mentioned. MOTIOR by Councilman Fitzpatrick }o approve the Special Use Permit with the followin9.stipulations: (1) The Special Use Permit be review annually; (2) A directional arrow be a�part of the signj (3) The sign would be removed when � the property is developed; (4) That any r.ew businesses be included on Lhe sign. And to concur Yiith the Lommission to appi�ove the following variances: (1) Sign �to be nf wood constr�ucL�ion instead of inetal construci�ori; (2) ReAuction in 5etback from residential area froin 500 feet to 350 feet; (3) Reduction in setback from street intersection froin 500 feet to 50 feet. � H[NNIFiG NELSON CONSTRUCTIOW CO., SPECIAL USE PEP,MiT SP �76-04, �UPLEH IN R-1 ZONING LOCAIEfI SOUTH DF 71ST 41AY AtlD 4;[ST OF EAST RIVER ROAD: . 1 r The Oirector of Public 4lorks stated that there was a 9ood deal of objection at the Planning Comnission. The Planning Comrrission recorrunended denial. �Thati first of all the property was not compatible with the ncighborhood, the peti.tioner was absent from the hearin9 on his petition, and fw•thei�, the petitioner stated to the Plarning Conmission that the double bungalow o-rould not enhance the neighborhood. � ' The Publtc Morks Director stated that the petitioner �ras caTled to inform him � that the itein was on the a9enda�tonight, but he does not seem to be here. The - . area is zoned single famity, and.there.is a market for this type and this is properly zoned. � MOTION by Councilman Fitzpatrick to concur with the reconniendation of the Plannipg . Corturission to deny the use of a Special Pcrmit based nn the reasons as stated. ; . Councitwmnan Y.ukomski seconded the niotion. Upon a voice vote, all voting aye, . playor Nee drelared the motion carried unanimous�iy. '� � � LYYDALE_TERI4I11AL COFtPANY, SPELIAL USE PERtA(T S.6 87�_n2 1�eonrni ro,irro o�� The Public lJorks Director stated that the garden center had been at this location for a lony tin�e, and because of a recent rezoning of the property, the staff , requested that the yarden center make application for a Special Use Pennit. The � staff has been wm-kin9 with them for the past eight to ten nronths aoA through certainstipulations, perfonsance bond, and landscapiny, the property can be brought into confo�mance wi[h the existin9 use, not newssarily appropriate for the area. They have not received approval as yet, anA they will be willin9 • to aqrce with any reasonable stipulati.ons that the Councit may desire to place bn them. A concern was the tcinporary nature of the site, and that over a period • of tinM there should bc some permanent inprovements in the area. The Public Wm�ks Directur further stated tbat a stipulation could be that a Special Use Permit might be approved for a period of three years and after that time ttie Holiday Store should make a decision as to whether they want�d to continue Che garden ccnter, and if so, they should prepare plans of a pernwnent nature. Another stipulatioii x�as that a Special Use Permit be limited to a certain period, say, from April lst Lo Se.pteniber lst; after that time the area be cleaned out and cleaned up and put into a neat and orderly fashion, and that Lhere 6e a review tc sce that the maintenance is bein9 canptied with, and that no other storage of riaterials be in that area after the closinq, , The Public Works �irector• stated the mana9er was prnsent and would agree to these SLipulatlons.. The hfanager stated hc would agree and that the garden centcr would be closeJ after thc 4Lh of July. � t� � 12A' i 7 � i � ! � � 16 .. REGULAR MEETING OF APR1L 5, 1976 � The Public Works Oirector recanmended that the Special Use Permit be granted with the stipulations. . PAGE 8 Councilman Fitzpatrick inquired why a three year Special Use Permit instead of one year's period. The Public Works Director stated that Yheee was talk of this area of the Aoliday property going to a diffemnt operation�, and that a three year permit r�outd allow them to come up with a change im operations or a permanent type of improvement. � . MOTION by Councilman Pitzpatrick that a Special Use Permit be 9ranted for the period in rrhich they expect to be in operation, from 11pri1 lst throu9h July 15, 1976. Councilman Starwatt seconded the motion. Louncilman fitzpatrick stated � that the kind of pernianence on this location in the past is the Y.ind that he wouldn't encourage. It is permanently cluttered. The City Attorney stated thaf if the Council desired to terminate the operation it would be easier to do so if the permit rras an annual one> but on the other hand,�there is the question of whethcr it urill be easier adminstratively and for the business person not to have to go through the Coimiission and the Council. That if it is important enough and you want to keep a handle on it year by year, you have sufficieni reasun to ask Holiday Yu IOdKO Liie application on an a��nuai basis. Councilman Fitzpatrick said that there is a tradition of granting long Special Use Nermits because of the business involved in teims of money and developinent, but that this is�not the case. . The City Ftanager stated that a three year permit was to give them a chance to make a permanent solution to the problein. Councilman Fitzpatrick stated that if his second Y�ould permit it, he rrould vrith- draw his motion. Councilman Starwalt agreed. . . . MOTIGN by Councilman Fitzpatrick to have the Special Use Perinit granted fer a three year period with tlie stipulation that it have an annual reviee� and that at tli= end of the three year period a permanent location be agreed upon, and that from April lst to July 15th of.each year it can be in operation, but after that time nothin9 is to be stored in that area. Seconded by Councilman Star�aalt. Upon a voice vote, all voting aye, Mayor itee declarnd the motion carried. RECEIVING THE MINUTES OF THE POLICE COMIdISS10N MEETING OF IMRCH 16, 1976: MOTION.by Councilman Starwalt to receive the minutes of the Police Commission hleeting. of March 16, 1976.� Seconded by Councilwoman Kukowski. Upon a voice vote, alt voting aye, Mdyor Nee declared the m�tion carried. � P. RELEIVING FINAL INSPECTIOiV CERTIPICATION OF STORM SEWER CONSTRUCTION IN ZANDER'S FIRST AUDII�ION: The Pubtic Works Director stated the plat had been before the Council befo�•e, and the fom• stipulations attached to it �mre on page 10-6 of the ayenda book. These r,ere recoinnended by the Ptannin9 Conmission. One is Yo provide for an easeisent�for the stonn sewer and tledicate the storm sewer to the City, recommending that the City maintiain the sewer. That has been completed, and not only has thc petitioner eonsiructed the sta-m sewer pipe, but he has�constructed a swate to drain Lhe potential shallow water problem in this area. We do have the easements, and this is the itrni we had requested to be added to the agenda. It indicates that the City has reviewed the construction, and reconmiends that the storm sewer be accepted. The second itero provides for under9round utitities and a swale heCween Lots 7 and 2. and that is completed. In addition to that roe would require, as noted in lhe certi- fScation of the stonn sewer, that a one year's maintenance bond be had, and that stipulation has been agrecd to by the petitioncr, and we would reconmend that the plat be approved with these stipulations. He said that Mr. Thorson was at the meetin9 to answer any questions. � � � � 12 B .� i � e i i � i 1 t .... Y,�soa.u•rioN No. 13 A RESOLUI'I0:1 IPiPOSIC7G L�AD LI:SITS ON PUBLIC ST121iE1'S AND }IIGIlWAYS IN TfiC GITY OF FRIDLLY, ttINt7ESOTA BE IT RESOLVED by the Council of the City of Fridl�y, as follows: A. �'hat pursuanC to Chapter 503, City Code of Fridley, ltinnesota, 1973 that commencing on the 15th day of 2-tarch, 1978, and continuing until the ZO[h day of hfay, 1978, unless sooner terminated or thereafter continued, no vehicle shall be driven or operated upon any street or public highway in the City under jurisdiction of the City where the weight of such vehicle exceeds: 4 TON PER AXLE B. The above restrictions shall not apply with respect to the followin� named streets or puUlic highways, to-wit: 1. 2. 3. k. 5. 6. 7. 8. 9. 10. 11. 12. 13: 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. STREET Ashton l:venue Able Street Alley East of Beech St Arthur Street Baker Street Beech Street Berne Road Carrie Lane Commerce Lane East Danube Road East River Road Elm Street Fireside Drive Gardena Avenue Glacier Lane Industrial Blvd. Jackson Street Tfain Street Diatl-erhorn Circle Matterhorn Drive Plonroe Street North Danube Road North Innsbruck Drive Quincy Street Rainer Pass Panc6ers Road fiice Creek Road St. Imier Drive St. lforitz Drive Trollhagen Drive Viron Road West Danut�e Road West Aloore Lake Drive Windemere Drive FROM 79th Avenue W. Moore Lake Dr. 78th Avenue North Danube Road 73rd Avenne 77th Avenue Windemere Drive Quincy Street i3r:1 Avenue Matterhorn Drive East Service Drive 77th Avenue T. H. 1165 Central Avenue P1a[terhorn Drive 53rd Way , Carrie Lane Osborne Road Matterhorn Drive Gardena Avenue 63rd West Danube Road Matterhorn Drive 57th Avenue Glacicr Lane %7th Avenuc N.E. T.li. IfGS Berne Road Tro].11�a�en Rrive Matterhorn Drive Osbornc Ro�d North DanuUe Road T.11, q65 (N. Ptoore Lake) Troll}�agen Drive TO Ironton Street Mississippi Street 79th Avenue 400 feet North Osborne Road 81st Avenue East' end Jackson Street Osborne Road Ar.thur Street Slst Way to I 694 79th Avenue 'Central Avenue East City Limits St. Moritz Drive 500 feet North SSth Avenue 83rd Avenue � East South City Limits 67th Avenue Artl�ur Street East City Limits Carrie Lane South City Limits • 79th Avenuc N.E. Central Avenue South City t,imi[s South City Limits St. Tmier Drive Fireside Drive South Cul-de-sac T.fI. If65 (S. l•loore Lakc) South City Limits __ • . Rsaol.ution No. Load Limite 35. 3G. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. k7. 48. 44. 50. SL 52. 53. 54. 55. 56. 57. 58, 59. and 13 A STRI:IiT FROM Tp 3rd Strcet 49th Avenue 53rd Avenue Sth SLrceC Mississippi Street 64th Avenue 7th Street N.E. 53rd Avenue 67th Avenue T.li. A47 EasC Service Rd 69th Avenue 73rd Avenue T.H. 047 ldest Service Rd 73rd Avenue 81st Avenue 53rd Avenue Main Street T.l{. I147 57th Avenue T.H, p47 7th Street 57th Avenue 7th Stree[ Quincy Street 58th Avenue Sackson Street West Moore Lake Drive 61st Aveaue N.E. Starlite Blvd. West Moore Lake Drive 63rd Avenue 7th Street Monroe Street T.lI. /fG5 East Service Drive 63rd Avenue South End T.H. i{65 �dest Service Drive Osborne Road South 800 feet T.H. (i65 ldest Service Rd. 73rd Avenue South �nd 69th Avenue Central Avenue East City Limits 71st Avenue T.H. I147 City Garage 72nd Avenue T.H. //65 Central Avenue 73rd Avenue Central Avenue Commerce Lane 77th Way East River Road Ranchers Road 78th Avenue E. Burlington Northern R/W Main Street 79th Avenue East River Road T.li. �147 81st Avenue Beech Street Main Street 83rd Avenue Main Street T.H. li47 75th Way Osborne Way Alden Way Osborne iPay East River Road 75th Way the weight limit with respect to such streets and highways is: 9 TON PER AXLE C. Notice of these restrictions shall be published and posted with respect to each of such streets and highways and when so publistied and posted, the restrictions shall be in full force and eifect; all as provided in accordance with Minnesota Statutes Sac. 169.87 and the provisions thereo£, under Chapter 503; City Code of Fridley, Tiinnesota, 1973. , D. A vehicle in excess of such limits may be operated or driven upon a street or public highwap in the City without violation of law when the same is done under Special Permit thereof issued in accordance with�the provisions of Minnesota Statutes Sec. 164.87 cahich are adopted and made a part hereof by reference the same as if'fully incorporated herein. E. Tliat scliool bus operators are given specia2 permit to proceed with normal operation on their regularly established routes and at regularly established hours, said permits to be issued by the City Pianager. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF FeUruary 1978 ATTEST: lfARVIN C. BFUNSGLL - City Clerk WILLIMS J. NEE - PfAYOR + �., .�: ,�.:,-�,--� .. t�,. a,�a�, W � � :t.f�, + �i' ___._.__ { � ��: � --':�: =�=i e ^ � � Y � ' '�. i� `k'� r�n � _.. .j '' �dr (�Y S' y� M 1 R- � ` / !i ,y. . .;_C'1� � • � ..�^ ` �^ � . ��'i I }�`�, .. lil, .._ � �.. \ � ��,3, _ _ � "__ d - _— — , �: �,� �.�'i �� �'/�a,�'%<`''! '�, �' � - — " � �,. .. \\ �t%�� � �.—.., .,.�u11,LW u,. � ` �'"w,�L '* .—.�L-` Q'dyb� ����� i� � ry� .�--� �f J 'j'-� , i �� �� � �r '��ys. r 1f r .�% � ; /J/,� _. I _ � .� u �� 1 r \ \� .`,Y1;'11' A 1 _-'/"`i _..J ��� :�i� �If `�� J�.�µ'� � _-� �%� (� 1 1 p � ��l-� ��� � jr- � i �Y i �� i i '-- � _ _ � � � �� _� W "1 E �' �Ga�S€'� �i ' , t I I .L•r` ' '-1_'I IF 'r�' „_ J � � �_-+._,J'C^-�" I -. ' __ � ' .._.� � 1 � .L �i�� l' _ . i..� .,x.-.-. -��"- -- .�i �.... � S r //�}�j' A .� .. r{ -� � -\�I I} I � � �J/���i, � � '?*�� -�_ � - l� I , ::�. -, . � ...,-l.;� � ��.;,_ � u. _ � -.� .n ij T� ., ,__. : �y����f �� TI •� � 1ll� ! � ,�',•:; _ , i �.����Y--� . ,� ��� �. � � ��_ ��.. �, � �.:�.�i_.---;' :.(:_ ` --- � � :�' ,� r � � �• I �\ 1 ' �� I. . . ` 1 '�_• � '�. � ( y�� .r',� �.�,� � �.^ `� _. J, _ ' r � � � -�5 er /a �. i_ _o-� _i '. I�I��. � �a�. ' II ' :�� _w-'I �I . L .��•:q:':'. ;;Ij �l . � _:.t''.= _ �I f �'��.�.8... i'� �; ' raa�t il � u■ �� � ���,���1rfL ��--� -� i7= �9 fI'l�ST'if'�� �5�: --� 13 � .� ��- —`- __ . _— � _ � — — , ; _ : _ .._ � - 1�f = i _ ' _ �I ' 11 . I ' 6I �c .�: I �� � . � I � 1 `��. .. I :c- I'y �� � � �. C I �CJ:L3ty �� . _ _ � ` • � � � �� .. � � ` " =_ «�I��_..�p_ �: _ �•'�•I _�.. .� C � `-' ` I � � ' - �� 1978 9 Ton Stree t _ :I ='"'_ _ �i _= W =_ —_ _� _ � __ :_ _ __ �:� ::I C h� � F .. ! _'l I � .�� `� ! v�._ �.� _— i. �� .. � k �� a I �'•� 'YF ......�'� �-���L' _ i+�_ V I ��_ [: I �::C.. ^ _�.. -_ � . __ i:i�e_ r.l� V I _^r. _ ' "� -'_ . � STREET MAP-CITY OF �= �� � "`' 'sc:i _ ' FHtII�L��d ��s==� __ - --�� � _ ._..u..�. ' ' - - •61l tl w.nrn�r� .��.. i`_.4�L K�\/ _ _ __ 6Cb..tl • n ti � �� . RESOLUTION N0. RESOLUTION ORDERING Ih1PROVGMGNT AND FINAL PLANS AND SPECIFI- CATIONS AND ESTIMATES OF COSTS THEREOF: STREF.T IMPROVEMENT PROJECT ST. 1978-1 YIHEREAS, Resolution No. 118-1977 adopted on the 2qth day of October, 1977 by the City Council, set the date for hearing on the proposed improvements, as speeifically noted in the Notice of Hearing attached hereto for reference as Exhibit "A", and WHEREAS, all of the property owners whose property is liable to be assessed with the making of these improvements (as noted in said Notice) were given ten (10) days notice by mail and published notice of the Council Hearing through two (2) weekly publications of the required notice, and the hearing was held and the property owners heard thereon at the hearing as noted in the said notice. NOl4, THEREFORE, BE IT RESOLVED, by the Council of the City of Fridley, Anoka County, Minnesota as follotias: 1. That the following improvements proposed by Council Resolution No. 118-1977 are hereby ordered to be effected and completed as soon as reasonably possible,to wit: Street imrpovements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks, storm sewer system, water and sanitary sewer services and other facilities located as follows: 3rd Street . S8th Avenue to 60th Avenue 2. That work to be performed under this project may be performed under one or more contracts as may be deemed advisable upon receipt of Uids. 3, 77�at the Public It'orks Director, Richard N. Sobiech is hereby designated as the Engineer for this improvement. He shall prepare final plans and specifications for the making of sucli improvement. ADOPTIiD BY THE CI7'Y COUHCIL OF THE CITY OF FRIDLEY THIS DAY OF __, 1978. hL11'OR - IVILI.inbl .I. NIiG ATTEST: CT71' CLli32}: - MAI:1'lN C. BRU\tiGl,i. 14 RESOLUTION N0. A RESOLUCION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT PROJECT ST. 1978-1, STREET IMPROVEh1ENT PROJECT ST. 1978-2 (D1SAS) AND STREET IMPROVG- MENT PROJECT ST. 1978-4 (CSAti) WHEREAS, Resolution �i 118-1977 adopted by the City Council on the 24th of October , 1977 set the date for hearing on the i�r,provements, as specifically noted in the Notice of Hearing attached hereto for reference as Exhibit "A", and WHEREAS, all property owners whose property is liable to be assessed with the making of the improvements (as noted in said notice) were given ten (30) days notice by mail and published notice of the Council hearing through two (2) weekly publications of the required notice, and the hearing was held and the property owners heard thereon at the hearing, as noted in said notice: WHEREAS, Resolution # 12g_lgyy adopted by the City Council of the City of Fridley ordered all of these improvements. - NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Fridley, Anoka County, Minnesota as follows: 1. That the folla�ing improvements proposed by Council Resolution U 11&-1977 are hereby ordered to be effected and completed as soon as reasonabie possible, to-wit: Street impxovements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks, storm sewer system, water and sanitary sewer services and other facilities located as follows: 57th Place SStli Avenue 59tti Avenue 60th Avenue 2nd Street 2'� Street 3rd Street 63xd Avenue ?th Street 5Lh Street 53rd Avenue Main Street Main Stree� Main Street Main Street SSth Avenue 58th Avenue 58th A�enue to TH 47 to TH 47 to TH 47 to 3rd Street to 61st Avenue to 61st Avenue to 61st Avenue 5th Street to 7th Street 63rd A�enue to rfississippi Street 63rd Avenue to 130' North 971 65 to G50' East That the work involved in said improvements as listed above sltall hereafter be designated as: STREET IMPROVHh1ENT PROJECT ST. 1978-1 15 Resolution No. -2- St. 1978-1, 2, $ 4 That the following improvements proposed by Council Resolution No. 118-1977 are hereby ordered to be effected and com- pleted as soon as reasonably possible, to-wit: Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks, storm sewer system, water and sanitary sewer services and other facilities located as follows: Main Street 79th Way 58th Avenue to 61st Avenue East River Road to Burlington Northern Railroad That the work involved in said improvements as listed above shall liereafter be designated as: STREET IMPROVEMENT PROJECT. ST. 1978-2 (MSAS) That the following improvements proposed by Council Resolution No. 118-1977 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks, storm sewer system, water and sanitary sewer services and other facilities located as folloias: 57th Avenue Central Avenue Main Street Main Street to 3rd Street Osborne Road to 76th Avenue 57th Avenue to I. 694 That the work involved in said improvements as listed above shall hereafter be designated as: STREET IMPROVEhIENT PROJECT ST. 1978-4 (CSAH) 2. The plans and specifications prepared by the Public Works Director for such improvements and each of them, pursuant to the Council resolutions lieretofore adopted, a copy of which plans and speci- fications are hereto attached and made a part liereof, are hereby approved and shall be filed with the City Clerk. 3. The work to be performed under STREET IMPROV869ENT PROJECT ST. 1978-1, STREET IhtPROVEMENT PROJECT ST. 1978-2 (D1SAS) and STREET IMPROVEhfENT PROJECT ST. 1978-4 (CSAH) shall be performed under one contract. 15 A Resolution No. -3- St. 1978-1, 2 � 4 The Public Works Director shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such improvements under such aPproved plans and specifications. Tlie advertisement shall be published for three (3) weeks (at least 21 days), and shall specify the work to be done and will state that bids will be opened and considered at 11:30 a.m. on the 22nd day of hlarch, 1978 in tlie Council Cliambers of the City llall, and that no bids will be considered unless sealed and filed with the Public 4Vorks Director, and accompanied by a cash deposit, bid bond, or certified check payable to the City for five per cent (S%) of the amount of such bid. That the advertisement for bids for STREET IMPROVEhfENT PROJECT ST. 1978-1, MUNICIPAL STATE AID STRGET IhtPROVEI�NT PROJCCT ST. 1978-2 AND STREET IMPROVEMENT PROJECT ST. 1978-4 shall be substantially in form as that noted in Exhibit "B" attached hereto for reference and made a part hereof, ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1978. Mayor - William J. Nee ATTEST: City Clerk - Marvin C. Brunsell ].5 B 15 C NOTICE TO BIDDERS STREET IMPROVEMEiNT PROJGCT ST. 1978-1, ST. 1978-2, ST. 1978-4 Sealed bids will be received and publicly opened by the City of Fridl�y, Anoka Caunty, Minnesota, at the office of the Public Works Director, 6431 University Avenue N.E., Fridley, Minnesota 55432 (Tel. 571-3450) on the Zznd day of March , 1978 at 11:30 A.M., and will be con- sidered by the City Council of the City of Fridley at a regular C1978i1 Meeting at 7:30 P.M. on the 3rd day of nn, -;> > for the furnishing of work and materials for STREET IMPROYEMEN"f PROJECT ST. 197$-1 AND MUNICIPAL STATE NID STREET IMPROVEMENT PROJECT ST. 1978-2 AND STREET IMPROVEMENT PROJECT ST. 1978-4 (CSAH) The street projects are about 3.41 miles long and consist of the following principle items of work and approxi- mate quantities: 11,475 Cu. Yds: 35,000 Sq. Yds. 29,000 Lin. Ft. ls",000 Tons 52,000 Sq. Yds. Common Excavation Sodding Concrete Curb $ Gutter Design B-618 Asphalt Asphalt Overlay Al1 in accordance with plans and specifications prepared by Richard N. Sobiech, P.E., Public Works Director, Fridley City Hall, 5431 University Avenue N.E., Fridley, Minnesota 55432. Telephone S�i-3450. Plans and specifications may be examined at the office of the Public Works Director and copies may be obtained for the Coni:ractor's individual use by applying to the Public Works Director and depositin9 with the Public W01'ks Dil'ector $50 for the plans and specifications. The deposit will be refunded to each bidder submitting a bonafide bid upon return of the documents in good condition within ten (10) days from the bid opening date. 69ds must be made on tlie basis of cash payment for work, and accompanied by a cash deposit, certified check (on a responsible bank in the State of Minnesota) or a bidder's bond made payable without condition to the City of Fridley, Minnesota, in an amount of not less than 5% of the total amount of the bid. ' The City Council reserves the right to reject any and all bids and to waive any informalities in any bids received without explanation. No bid may be withdrawn for a period of thirty (30) days. By order of the City Council of,the City of Fridley> Minnesota. Dated this 27th day of rebruary , 197 a. ' Richard N. Sobiech, P.E. Public Works Director Published: Fridley Sun Construction Bulletin March 1, 1978 March 2, 1978 � March 8, 1978 March 9, 1978 March 15, 1978 Maxch 16, 1978 RE50LUTION N0. A RESOLUTION TO ADVERTISE FOR BIDS FOR TENNIS COUR? CONSTRUCTION, OVERLAY AND COLOR COATING_ BE IT RESOLVED BY the Council of the City of Fridley, as follows: 1. That it is in the interest of the City to award bid contracts for the following: TEMNIS COURT CONSTRUCTION, OVERLAY AND COLOR COATING. 2. A copy of the specifications for the above described items and materials, together with a proposal for the method of purchase and the payment thereof have been presented to the Council by the City Manager and the same are hereby approved and adopted as the plans and specifications, and the method of acquisition and payment to be required by the City with respect to the acquisition of said items and materials. 3. The purchase of said items and materials as described above shall be effected by sealed bids to be received and opened by the City of Fridley on the 24th day of March, 1973 at 11:00 a.m. The City Manager is directed and authorized to advertise for the purchase of said items and materials by sealed bid proposals under notice as provided by law and the Charter of the City of Fridley, the notice to be substantially in form as that shown by Exhibit "A" attached hereto and made a part hereof by reference. Said notice shall be published at least twice in the official newspaper of the City of Fridley. PASSED AND ADOPTED BY THE.CITY COUP�CIL OF THE CITY OF FRIDLEY THIS DAY OF Y R- WILLIAM J. NEE ATTEST: CITY CLERK - MARVIN C. BRUNSELL 1978 16 CITY OF FRIDLEY BID NOTICE FOR TENNIS COURT CONSTRUCTION, OVERLAY AND COLOR COATING EXHIBIT "A" The City Council of the City of Fridley, Minnesota will accept sealed bids on Tennis Court Construction, Overlay and Color Coating on the 24th day of March, 1978 until 11:00 a.m. on said date at the Fridley City Hall, 6431 University Avenue N.E., Fridley, Minnesota 55432 (Tel: 571-3450). All bids must meet the minimum requirements of the specifications. Failure to comply with this section can result in disqualification of the bid. Each bid shall 6e accompanied by a Certified Check, Cashier's Check, Cash or Bid Bond and made payable without conditions to the City of fridley, Minnesota, in an amount of not less than five percent (5q) of the bid, which check, cash or bond shall be forfeited if bidder neglects or refuses to enter into contract, after his/her bid has been accepted. The City reserves the right to accept the bid which is determined to be in the best interest of the City. The City reserves the right to reject any and all bids and waive any informalities or technicalities in any bid recaived without explanation. The City Council also reserves the right to consider such factors as time of delivery or performance, expereience, responsibility of the bidder, past performance of similar types of items or materials, availability of products and other similar factors that it may determine to be in the best interest of the City. Copies of the specifications and general conditions may be examined in the office of the Purchasing Agent, or copies may be obtained from his office. All bids must be submitted in sealed envelopes and plainly marked on the outside with "Tennis Court Bid". Nasim M. Qureshi City Manager Publish: Fridley Sun March 15, 1978 March 22, 1978 16 A 17 CITY OF FRIDLEY MEMORANDUM T0: NASIM M. QURESHI, CITY MANAGER AND CITY COUNCIL FROM: PIARUIN C. BRUNSELL, ASST. CITY MGR./FIN. DIR. SUBJECT: SENATE FILE 1732, RELATING TO PUBLIC PENSION AND PUBLIC EMPLOYMENT DATE: FEBRUARY 23, 1g7g Please see the attached letter from Bob Aldrich, Deputy Fire Chief, relating to Senate File 1732. The volunteer firefighters have gone on record as being in opposition to this proposed bill. The basis for their opposition is that the bill would preclude an employee who has completed the required number years of service as a volunteer firefighter from drawing firefighter's pension, until such time as he has retired from public employment completely. This means that a person in the Public Works Department, for example, could not start receiving this pension until age 65. Bob Aldrich points out that the effect woutd be to discourage City employees from serving as volunteer firemen while they are City em- ployees. MCB:pI attachments FIRE DEPARTMENT MEPfO RANDUM DATE: February 17, 1978 78_2_3 MEMO T0: Nasim Qureshi, City Manager EROM: Robert D. Aldrich, Deputy Fire Chief • 1tE: Pension Bill in Legislature I am not certain whether you or the City Council are aware of Sen. Stokowski's bill S.F. 1732 which deals with public pensions and public employment. I have attached a copy of the bill for your review. It appears that this legislation as written may have serious effects on Fridley and many other communities that use employees that work in other departments and also perform as volunteer fire fighters. This bill would preclude the employee who has completed 20 years of service as a volunteer fire fighter and is eligible for hts pension at age 50 from drawing his pension until age 65 or such time as he may leave public emp;.oyment. The effect of this will be to discourage City employees from taking an active role in fire fighting and could cause some of our present members to consider dropping out of the department and drawing their accumulated l�p sum payments. The relief association has sent Sen. Schaaf a letter opposing this legislation at least as it affects the public employee/volunteer fire fighter. I feel that it may be in the best interests of several cities if Councils were to express their feelings by resolution oppoaing this legislation. RDA/el Attachment � 17 � F.OR CONCURRENCE BY THE CITY COUNCIL - CLAIMS 1� td0, 047A03 — flo, 054995 • �0 � F.OR CONCURRENCE BY THE CITY COUNCIL — LICENSES 19 �� � February 27, 1978 �pe of License: �: Approved B�: Fee: Billiards • Billiards Center Wayne S. Burmeister James P. Hill $70.00 6359 University Ave. N.E. Public.Safety Director Fridley, �1n. 55432 This party would like to put in 4 pool tables and 5 foosball machines along with about 12 pinball machines at the above location. Tree Removal R Treatment Arbor Tree Service Mancel H. Halverson Chuck Boudreau $25.00 4550 No. Humboldt Parks & Recreation Director P4pls., Mn. 55412 19 A F.OR CONCURRENCE BY THE CITY COUNCIL - LicENSEs February 27, 1978 GAS SERVICES Surn-O-Matic Company 206 - lst Str_eet North Minneapolis, Mn. 55401 By: James Romain GENERAL CONTRACTOR . Realistic Building & Remodeling Inc. 2547 - 3rd Street N.E. Minneapolis, Mn. 55418 By: Monti C. Gesino HEATING Check Refrigeration Inc. 8830 - 7th Street North Minneapolis, Mn. 55427 By: Don Czech , AFPROVIiD BY WILLIAM SANDIN P1bg. Htg. Insp. DARREL CLARK Community Dev. Adm. WILLIAM SANDIN Plbg. Htg. Insp. F.OR CONCURR[NCE BY THE ciTY coutvct� - ESTIP'�TE$ 20 Weaver, Talle & Herrick 316 East Main Street Anoka, Minnesota 55303 For Legal Services Rendered during January, 1978 Smith, �uster, Feikema, Chartered 1250 Builders Exchange Building Minneapolis, Minnesota 55402 For Legal Services Rendered during January, 1978 Hickok and Associates 545 Indian Mound Wayzata, Minnesota 55391 Partial Estimate #7 - Moore Lake Evaluation 0 $ 1,873.90 $ L,17O.00 $ 518.75 0 CHARLES R. WEAVER HERMAN L.�ALLE VIRGiL C. NERRICK ROBERT MVNNS WI�IIAM K. GOODRICM TMOMP.SA.GEDDE JEFFREY P. NICKEN OOUGLAS E. KUNT � V�H � City of Fridley � LAW OFFICES � WEAVER, TALLE & HERRICK �16 EAST MAIN STREET ANOKA. MINNESOTA�SS�OJ �11.54❑ February 16, 1978 20 A INVOICE N� 4162 IJanuary Retainer $1,300.00 Council Meetings Staff Pfeetings Coaferences with Staff Citizens Inquiries Memos and Legal Research Detachment and Annexation of Land Insurance - Liability Limits 10� hours 2 Y.ours 6 hours 1'-§ hours 6 hours 26 hours District Court: Chromy vs. Fridley Interrogatories and Depositions Central Roofing vs. Fridley, Keyway, et al Preparation for Trial, Trial, and Drafting Order Dismissing City from Suit Expenses Advanced: 26 Photocopies @$.15 each 150.00 420.Q0 3.90 TOTAI . . . . . . . . . . . . . . . . . $1, ST 3.90 TIME RECORD FOR JANUARY, 1978 PRUSECUTIOPI WORK 1. Preparation, Travel and Time in Court for 1 Jury Trial P�otion, 56 Pre-Jury Trial Conferences, 45 Court Trials and 168 Arraignments. 2. Investigation and Process of Complaints including office conferences, phone con- ferences, correspondence and preparation of 77 formal Complaints. 3. Court and Police Administration. TOTAL DATE � • 44 hours 6 hours 51 hours • BALANCE . FORWARDED FROM LAST 57ATEMENT 2-01-78 For legal services rendered as Prosecutor for the City of Fridley during January, 1978. January, 1978 Retainer. $1300.00 $1300.00 Time in excess of 30 hours 870.00 $2170.00 (21 fiours - 50 minutes) I declare under penalties of law that this account, ciaim or emand is just and cor- reci a th no rt of it has bee i n ure o aimant SMITH.JUSTE , F INEMA,CHARTEREO •TT EY9 Ai LAW �a ni r 35 minutes 45 minutes 30 minutes 50 minutes 2Q $ zo c ESTIMATE il7 � , . _ . _, tv� . , . . ir� � � �7 ... , ,i r:�.;�.; ,_. _ . February 23, 1978 Mr. Steven J. Olson Environmental Officer City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 STATEMENT 545 Indian Mound Wayzata, Minnesota 55391 (612)473-4224 Re: Moore Lake Evaluation and Restoration Project Consulting Agreement by and between City of Fridley, Minnesota and E. A. Hickok and Associates dated March 14, 1977 TASK I LAKE SAMPLES 10.5 Hrs. @ $14.00/hr. _ $147.00 1.0 Hrs. @ $12.00/hr. _ $ 12.00 TASK VII EVALUATION OF DATA 5.0 Hrs. @ $44.00/hr. _ $220.00 3.5 Hrs. @ �16.00/hr. _ $ 56.00 Secretarial 8.0 Hrs. @ $10.00/hr. _ $ 80.00 Reproductions r1���.1�: $159.00 $ 3.75 $359.75 $518.75 INVESTIGATIONS • REPORTS • DESIGN • RESEARCii 21 �a��c��o�� �� ��o�c� �o���c�c� ag��c� February 23, 1978 Canadian Financial Corporation 2030 Northwestern Financial Center 7900 Xerxes Avenue South Minneapolis, f�iinnesota 55431 Attention: Mr. Rick Kahn �-�� RE: fRIDCEY APART�4EiVTS MHFA Oevelopment No. 76-044 Dear Mr. Kahn: As I informed you by letter dated February 17, 1978, the Plinnesota Housing Financ� Agency cannot accept the fcllowing provisions of the Agreement between the Partnership and the City of Fridley, filed as Document No. 478019: Par. B 3; Par. C 7; and Par. C 12 (c). We cannot accept these provisions because they t•rou'id unduly restrict the alternatives open to the Minnesota Housing Finance Agency, as mortgagee, in violation of the applicable Bond Resolution under which we must operate. Similar provisions were remcved by the city at N81FA's request on the following developments: Robbinsdale; Wayzata; and Richfield. To the best of m,y knowledge, MHFA has never knowingly accepted any such restrictions on any Development we have financed. You inquired about several alternatives to the unacceptable paragraphs of the Agree- ment, namely, restricting the application of the paragraphs to the Partnership by excluding a mortgagee in possession or any one takin9 from the mortgagee and/or rescinding the Agreement in question and creating an Agreement between the City of Fridley and the Partnershio under which the City would look solely to the Partnership for any violation of the Agreement. We find both alternative suggestions unacceptable and must insist upon the removal of the paragraphs in question from the Agreement if MHFA is to provide financing for the proposed project. /lmk Very truly yours, �u�.< <� ���1��� Bruce D. Ca�betl Special Assistant Attorney GenPral x�.�.�! u��!.� �4c���tt •�� p�nn0, u�_TM��� ��i1lt�il = Q�9�p ���i°����