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02/04/1980 - 5657OFFICIAL CITY COUNCIL AGENDA REGULAR COUNCIL MEETING FEBRUARY 4, 1980 � , , � .' {��.;� �RIL��EY C�TY C�l3NC i L. o ��'�..� �;EGULAR. CC'UfJCI L ��EETI PJG - FEFRUARY �!, 1�$� P�iEh10 T0: Dc�'l�R1"t�►LNT I-len�s FOLLUWI�JG A�E THE "ACT��OiVS �l�ED�,D"� PLE/�SE N/�VE YOUR �,I�S4�lERS . }31�C1< I�1 TIiF CITY riA�JAGER�S OFFICE AY THE �"IEDI�dCSDAY BEFURE THE NEXT REGULA� COI:NC I L MEET I NG � THANK YOU ��- .2.�� /y��C� � GITY MAhAGER APPROVtiL GF f�I NUTES : . . � PUBLI C HEAR I NG i��ETI NG, .JANUARY l�, �,QRn Rpproved � P�EGULAR h�EETI NG, .�ANUARY Z� , �.�c�O Approved ADOPTION OF t��ND�; . ADD: Resolutian regarding.Airpori and Highway �Noise Resalutiar� regarding app�?ntin� Aut�ority regarding Enforc�ment af Governrr�nt P�^actices Act O�EN FOR�M, '�ISITORS: t�QN5Ii�ERATT ON OF i i'�N'�S I�OT ON AGENDA -� 5 r�I N� i No Response OLD BUS�NESS; ,: 0 CONSIDERATION OF SECOND �iEADING OF AN ORDINANCE ON FRQPOSED AMEfVDMEiVTS TO C�iTV C�RDINAI�!CE , � � � � � � � � � � �. — � A Or,di�nance No. 706 adopted ACTION NEEDED` Publish Ordinance and check on legal name to include in �codification amendn�ent G. FEBRUARY �6, I�gQ �LD BUSINESS (CoNT1�uED) • PAGE Z � . CONSIDERATION OF APPOINTMENTS TO CITY '' � COMMISSIONS tTABLED �ANUARY 21, �ggO) � � � � � � � � .,� Z ' Z D Some appointments made . ITY MANAGER ACTION NEEDED: Put on next regular agenda for further appointments �ITY MANAGER PUBLIC WORKS I : 0 � � CONSIDERATION OF A RESOLUTION FOR INITIAL APPROVAL OF OFFICIAL DRAFT DEVELOPME�T PLAN FOR THE CITY OF FRIDLEY FOR SUBMISSION TO ADJACENT COMMUNITI.ES FOR REVIEW At�D �OMP1ENT �TABLED .JA��UARY �, 1930)�, � � � � � � 3 Tabled ACTION NE�DED: Staff to bring back at next council meeting with amendments ;dEW BUS I ��IESS : RECEIVING PLANNING COMMISSION �`�1NUTES OF �ANUARY Z3, I9�O e � � � � � . � � � � � � . � � . � . . l� GAS ALLOW/�NCC REQLiEST • PLANN I NG COf�lM ,�ECOMA1FNnAT I Q;V . r�PPROVAL COLINC I L�i�T I0�1 i��ED�: ��JiV3IDFR�T I ON OF REQUEST Staff to research ACTION NEEDED: Research r�quest � ! , 4-4G CONSIDERATION OF SIGN PL�N CHANGE FOR NOLLY CENTER� �. �— 5 B Approved change in sign plan ACTION NEEDED: Inform applicant of Council approval _. ; � , RF�t'LA�1`iEETING. FEBRUARY ��, 1�30 � PA�E 3 UBLIC WORKS UBLIC 4JORKS UBLIC WORKS IUBLIC WORKS I ��aE��J BUSIf�1ESS (Cor�Ti�vu�n) CONSIDERATION OF APPROVAL OF BIDS FOR TRAFFIC SIGNALS ., AT UNIVERSITY AVENUE AND 69-rH AvWNUE. � � � : � � � � � . C - 6 A Approved . ACTIQN NEEDED: Execute abstract of Bids and forward to Anoka County , CONSIDERATION OF A RESOLUTION DETERMINING THE �'�ECESSITY FOR AND AUT1-IORIZING THE ACQUISITION OF CERTAIN PROPERTY� ASHTON AVENUE AND NI�LCREST� ..... Resolution No. #8-1980 adopted ACTION NEEDED: Proceed as authorized 7-7F CONSIDERATION OF A RESOLUTION REQUESTING TNE POSTING oF "�d0 PARKING`� SIGNS ON ARTHUR STREET (P1SAS 336) BETWEEN MISSISSIPPi STREET AND CAMk�OT LANE� � � � �.s � . � - � A Tabled ACTION NEEDED: Put back on nex� regular m�eting .� CON:�IDERATION OF PERMIT FOR BANK STABILIZATION PROJECT, h�1t�NEAPOLIS !�ATER WORKS� � , . . � � . . . . � . � . . � � 9 - 9 I' Approved ACTION NEEDED: Inform Minneapolis bJater Works of Council� approval Work to get additional landscaping along East River Road and easement for P�ikewayJwalkway . � RFGULAR MEE7ING, FEBRUAF.Y 4, 198J � PA�E 4 ��EW BUSiNESS (Corvr��vuED) , � . RECEIVING BIDS AND AWARDING CONTRACT — STORAGE . � BiNS,,,,,,,,,,,,,,,,,,,,,,,,,,�10-1QA . I, Received bids and award to low bidder, Stewart Lumber Co. � . �BLIC WORKS ACTION NEEDED: Proceed as au�nor�ized , . � . . , 0 RECEIVING RECOMMENDATION COPdCERNING TRACTOR BIDS FOR PARK DEPARTMENT � � � � � � � � � � , � . � � . � � . 11. - 11 C Reject bids and authorize rebidding � ACTION PdEEDED: Rebid Tractor . � CONSIDERATION OF CHA�IGE ORBER �'�0� 1, IMPROVEMENT PROJ ECT No , 127 , , , , , , , , , , , , , , , , , , , , , 12 - 12 A Approved � � 'UBLIC WORKS ACTION NEEDED: Proceed as authorized � .� r APPOINTMENT — CITY EMPLOYEES� � � � � � � � � �.� � � � � 13 Concurred ,ITY MANAGER ACTION NEEDED: Notify Accounting of new employees � �NANCE _ _... , REG� � AR MEET I NG, FEBRUARY �-�, 1930 � PA�E 5 f��E��J BUS I �JESS t Cor�T i�vu�� ) � . �LA I MS � � . � � . � . . � � � � � � . � � � � �� . � . 1� Approved � � ACTI0�1 NEEDED: Pay Claims � , . . ,. LI CENSES � � . � � � � � � � � . � � � . � � �' � � . � . � 15 � Approved �NANCE ACTION NEEDED: Issue licenses CONSIDERATION OF APPROVAL OF %�ASTER CONTRACT WITH LOCAL 49 UN I ON �OVER I NG PUBL I C?'�OR KS i�A INTENRNCE AND PARK �iJ�I NTEN�NCE �P1PLOYE�S FOR �.�� AND 1981 � . � � � 16 " -i6 � f . � Approved �NANCE ACTIQN NEEDED: Execute Contract and for�vard to UnSon . CONSIDERATION OF RESOLUTION REGI�RDING AIRPORT AND HIGHWAY NOISE . Resolution No. 9-1980 approved UBLIC WORKS ACTION NEEDED: Submit Resolution to �9N Polution Control Rgency Board CONSIDERATION OF RESOLUTION REGARDING APPOINTIP�G r1UTHORITY FOR ENFORCEMENT OF GOV�RNMENT PRRCTICES ACT Resolution No. 10-1980 adopted ITY MANAGER ACTION NEEDED: Establish policy for recieving and complying with requests for government data ADJOURf�; �o:oo P.M. .� FRIDLEY CITY COUNCIL MEET�NG PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: February 4, 1980 NAME AODRESS ITEM NUt�16ER __________= � � THE MINUTES OF TNE PU6LIC HEARIt�G MEETING QF THE fRIDLEY CITY COUNCIL OF JANUARY 14, 19�0 The Public Hearing Meeting of the Fridley City Courcil was called to order at 7:37 p.m, by Mayor Nee. PLEDGE Of ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: ; i MEMBERS PRESENT: Mayor Nee, Councilman Fitzpatrick, Councilwoman Moses, � Councilman Schneider and Councilman Barnette MEMBERS ABSENT: None ADOPTION OF AGENDA: Mayor Nee requested an item be added as follows: "Consideration of TRA Airport Study Group Proposal". MOTION by Councilwoman Moses to adopt the agenda with the above addition. 5econded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. PUBLIC HEARiNGS: PUBLIC NEARING ON FINAL PLA7, P.S. #79-03, BLOMBERG ESTATES, BY KARLA A. BLOMBERG: MOTION by C�uncilman Barnette to waive the reading of the public hearing notice and open the public 'riearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the publi� hearing opened at %:38 p.m. Mr. Qureshi, City Manager, stated the Planning Commission held a public hear- ing on this �lat on November 7, 1979 and racommended approval with certain ' stipulations. These stipulations were as follou!s: (i) costs of authorized fees must be worked out; (2) an agreemen� worked out on right-of-way acquisi- � tion to provide access; (3) approval by the Rice Creek Watershed District; (4) sewer and water layout approval by staff; (5) drainage and utility ease- ments around each lot to be dedicated; (6) dedication of a 25 foot driveway I easement t� Lot 2, 81ock 2, through Lot 4; (7} switch the lot sizes of Lots 11 and 14, Block 3 with those of Lots 12 and 13, Block 3; and (8) if the plat ' was reconfigured for any reason, it should go back to the Planning Commission ' for further review. Councilman Schneider stated he contacted several people regarding access from the proposed plat onto Lakeside and the acquiring of the necessary right-of-way and there are some people on Lakeside who wished to voice their concerns. Ms. Karla Blomberg stated the City should have received approval from the Rice Creek Watershed District and alt the other concerns of the Planning Commission have been settled, except the problem of the street. Mr. Maki, 7520 Lakaside Road, stated, up until last �aturday evening, he had no contact with the Blomberg's to make arrangements to acquire the 25 feet of his property. He stated, at this time, he can make no commitment to accept or deny any offer they may make. Mayor Nee asked his feel�ngs about the proposed plat, if an agreement is reached with the developer. I Mr. Maki stated he didn't like the idea of a 50 foot stre°t, as he was told ! when he bought his property, there would never be anything there but a 25 foot ' alley. 5� �UQLIC HEARING MEETING OF JANUARY 14,1980 . Page 2 Cuuncilwoman Moses questioned the assessrnent for the street, if it was con- structed. Mr. Brunsell, City Clerk, stated the Maki property would have a side yard assess- ment, under the City's policy, unless they made some arrangements with the devel- oper to pick up this cost. Mr. Maki questioned the drainage required by the Watershed District. Mr. Comstock, �ngineer for the developer, explained there would be a detention pond along the �back lot lines and indicated, even in a 100 year storm, the water would probably �: �e in the ditch only a few hours. �r. Qureshi stated, when the plat is filed, the easements should be noted so the �Qrsons purchasing these lots are aware of the drainage easement. Mr. Comstock also explained that any liveable area of the home would be two €eet �bove the 100 year storm level. Mr. Comstock stated the original proposal was to take 25 feet from one property tD build the street, but this would only leave the owner five feet between his garage and the new riyht-of-way line. He stated it was decided perhaps they �hould make a trade-off with another property owner to obtain the additional right-of-way. Mr. �eyne, 7550 Lakeside Road, stated he was not in favor of the road coming ��rough, and felt all avenues haven't been investigated. Mr. Carlson, 7535 Lakeside Road, questioned why the streets couldn't De lined up �nd the plan reversed. His concern was if they were looking at the best ��y nr worried about the number of lots. �r, Comstock stated this layout was the most efficient one for the property, �nd where they can get the greatest number of lots. He felt the dimensions �f ihe land are such that it dictates this type uf layout. �_ �ouncilman Schneider stated it is his feeling there is a fair amount of negoti- ��a�ns yet between the developer, Mr. Maki, and Kr. Heyne, if this is the piat tfiey so desi •re. 'Mr. I�ureshi suggested perhaps this item should be tabled so the developer could try and �aork out these problems and, if they cannot come back with an acceptable �rDpDSaI and if the configur�ation is changed, then it should go back to the �aanning Commission. �lr. Hagen, 7581 Lakeside Road, felt the continuation of an existing road would �C�ep car lights from shining into people's homes. ' Colincilman Schneider asked the developer if they feli something could be worked nut in the next week or if they wanted it tabled for a longer period. !N�s. Blomberg stated she didn't know if another plat wouid be favorable, as other groups of people may then be unhappy with it. She felt, if there was some magical way this could be done so everyone is satisfied, they would like to see this done. She felt there probab'y should be a time limit for them to try and work out the problem. She stated she felt the City really didn't want cul-de-sacs and because of the soil and requirements of the Watershed District, it is difficult to lay out the plat in another roanner. � Ms. Blomberg asked the City's feelings on using the 25 feet between the Maki and � Heyne property as an alley. ` �Ir. Qureshi stated if they are thinking about this possibility, the City would like to work with them and the persons involved to try and resolve the issue. 6U PU6LIC HEARING MEETING OF JANUARY 14, 1980 Page 3 Councilman Schneider felt the developer should be considering other alter- natives, if the negotiations with the property owners aren't fruitful. MOTION by Councilman Schneider to continue this public hearing on PS #79-Q3 until the January 21, 1980 meeting. Seconded by Councilwoman Moses. Upon a voice vote, al] voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARING ON ISSUANCE OF A NON-INTOXICATING MALT LIQUOR LICENSE TO GARY BRAAM DBA: UNIVERSITY STATION: MOTION by Councilman Barnette to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:47 p.m. Mr. Brunsell, City Clerk, stated this hearing is on the issuance of a 3.2 beer license to Gary Braam for the business at 7610 University Avenue. He stated the Police Department has checked the applicant's record and has recommended approval of the license. No persons in the audience spoke for or against the issuance of this license. MOTION by Councilwoman Moses to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:48 p.m. PUBLIC HEARING ON ISSUANCE OF A LIQUOR LICEhJSE TO ROBERT J. 0'ROURKE AND OR'S CORPORATION DBA: CAPPELLETI'S PLAZA VIL�A: MOTION by Councilman Fitzpatrick to waive the reading af the public hearing aotice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:48 p.m. Pir. Brunsell, City Clerk, stated this hearing is on the issuance of a liquor license to Robert 0'Rourke or OR's Corporation for the business at b259 Highway b5 N. E. Mr. Brunsell stated this is a change of ownership for the establish- ment. He stated the Police Depar�ment has investigated the applicant and they recom- mend appi°oval of the license. Counci]man Schneider questioned 1T the license was issued to the establishment, as he assumes liquor is stili bein� served. Mr. Brunsell s�ated the hearing on the issuance of the license should really occur before the neur owner takes over the business. He sta*ed, as a practical matter, the sale is contingent on the issuance of the liquor license. Mr. Peterson, attorney representing the applicant, stated Mr. Brunsell was correct, however, in this situation, the present owners could not continue due to financial and health reasons and the financial institution backing this establishment didn't want the business shut down. Ha stated he was advised by the City this would be the proper way to proceed. Mr. Herrick, City Attorney, stated Mr. Peterson had talked with him and explained the situation and he advised him, as long as the financial backers were still involved, he didn't see any problem with continuing the operation. No persons in the audience spoke for or against the issuance of this liquor license. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously and the public hearing closed at 8:52 p.m. fil � _ � � PUBLIC HEARING MEETING OF JANUARY 14, 1980 Page 4 i ; PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE CATV ORDIANCE: + — ; MOTION by Councilwoman Moses to waive the reading of the public hearing notice and open the public hearing. Seconded by Counciiman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:52 p.m. Mr. Qureshi> City Manager, stated these were the amendments recommended by the Cable Television Commission. Mayor Nee briefly outlined the proposed amendments. The amendment to Section 405.22 would allow the cable television company to collect from its subscribers any governmentally imposed copyright fee or royalty. lJnder Section 405.11 there is an amendment to the installation fee to reflect the changing costs for material and labor. The fee has been raised from $7.50 to $25.00, with � senior citizens to pay a maximum of $7.50 per insta]lation. In Section 405.222 regarding the monthly service charge, the amendment provides for deletion of the income eligibility, and qualification would go by age. ' Section 405.28 changes the date `or the cable company to furnish their reports. Councilwoman Moses asked if the $25.00 instal7ation fee was reflective of the costs for materials and labor. Mr. Eddy, representing Northern Cablevision, stated their actual costs are probably more than $25.00. Mr. Eddy stated they run specials about every other month in an effort to ob- tain more subscribers, and didn't want the $25.00 to cause a problem for some- one that wanted to subscribe. Councilwoman Moses questioned the copyright fees and royalty fees. �; Mr. Eddy stated the cable television company is required to pay a copyright fee and what this amendment does is pass along this fee, which amounis to about three cents per subscriber per month, to the subscriber. Mayor Nee stated it should be pointed out that the attorney for the Cabie Television Commission obj�cted to this provision. Mr. Burt Weaver, a member of the Cabie Television Commissiun, stated that his position, and that of several other Commission members, was that this fee was a cost of doing business and similar to an increase in a utility bill. He stated he couldn't envision the franchise becorning non-competitive because of this three to five cent fee, as ii: was such a sma71 amount. � Mr. Weaver stated the $25.00 installation fee does provide the franchise with the latitude to reduce that amount for any promotional purposes. Mr. Weaver stated the amendments come tefore the Council with approval by the Cable Television Commission. Mr. Eddy stated tl�ey would liice the same wording in Section 405.11 that is provided under Section 405.222 regarding the proof of age for the senior citizens. Mayor Nee stated this item could be taken care of when action is �taken on the amendments. No other persons in the audience spoke re9arding the proposed amendments. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:06 p.m. 62 � PUBLIC HEARING MEETING OF JANUARY 14, 1980 Page 5 j NEW BUSINESS: CONSIDERATION OF PURCHASE OF ADDITIONAL UMBRELLA INSURANCE COVERAGE: Mr. Brunsell, City Clerk, stated, at the prese��t time> the City carries a $1,000,000 umbrella which has been the same for about the last five years. He stated the Rice Creek Agency has sumbitted costs for additional umbrella coverage and the City has had recommendations this coverage be increased. Mr. Brunsell stated the Council has received a copy of a letter from the League of Cities regarding problems in this area because, even though there are s'tate statues regarding the c;ty's liabili±y, there might be other con- siderations, Mr. Brunsell stated it is the staff's recommendation the City obtain $1,500,000 in umbrella coverage. Councilwoman Moses asked if there were any lawsuits against a City where they needed this additional coveraye. Mr. Aune of the Rice Creek Insurance Agency stated there was a lawsuit in Iowa against a City which resulted in the Legislature passing legislation to enable this City to sell bonds in order to pay the judgment awarded in the lawsuit. Councilman Fitzpatrick questioned why some cities didn't have umbrella coverage. Mr. Brunsell stated he felt they were relying on the limits stated in the state statute. He felt it was unbelievable they didn't have some kind of umbrella coverage. Mr. Herrick, City Attorney, stated in the letter from the League of Cities, ' it states, basically, what he has stated is that you either need a crystal ball to predict what wi11 happen or you pick an area yeu think is reasonable. He stated the governmental immunity document has slowly eroded and there have been some hints that the limits the Legislature has placed on the City's ; liability may be chalienged. He also feit there is some morai obiigation, ! if the City is engaged in some activities where a number of people are injured, the question arises if it is fair to these individuals to bear the burden be- cause the City was underinsured, and limits were placed because it is a govern- mental unit. � Counci7woman Moses asked Mr. Nerrick if he was comfortable with the $Z,500,000 umbrella. Mr. Herrick stated he certainly feels the additiona] $500,000 in coverage is justified, since the C;ty has been carrying $1,000,000 for several years. He felt, however, the Council should keep abreast of any change in legislation. Councilwoman Moses questioned why the Rice Creek Agency was recommending $3,000,000 to $5,000,000 in umbrella coverage. Mr. Aune stated one of the major reasons is the potential for loss in the City. He cited liquor, the number of emergency vehicles operated by the City, and ac- cidents which happen in the City where negligence might be charged as potential losses. He also stated any accident that may happen now would pro6ably not be settled for four or `ive years and settlements would probably be higher at that time. He stated you also see in the trade journals that awards for one persons are in excess of $2,000,000. Mr. Qureshi, City Manager, felt it should be determined vahat is a reasonable risk. He stated the reason for the survey was to determine what other cities are carrying and only three com�unities carry more coverage than Fridley. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Finance Officer that the City purchase a total of $1,500,000 in umbrella coverage. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � VJ PUBLIC HEARING MEETING OF JANUARY 14, 1980 Page 6 Mr. Herrick brought out the fact that policies not only have a face value, but an annual aggregate amount. Mr. Aune.stated the umbrella has an annual aggregate which means that the $1,500,000 umbrella would only be paid once per year and, if there were claims in the year totaling more than this amount, the $1,500,000 would be the maximum paid. Mr. Herrick questioned if any other basic policies have an annual aggregate :' �' amount. Mr. Aune stated the liquor policy would have a$500,000 aggregate which means this is the maximum amount that would be paid in one year. Mr. Herrick felt it was important that whoever is in charge of the insurance to keep the City Manager and Council advised. He stated a practical problem is raised here in that a claim may be filed now, but not setiled for several years. It also raises the question, if the City had two large claims in one year, they may not have the coverage. He felt this point should be brought to the attention of the City's insurance advisors. CONSIDERATION Of TRA AIRPORT STUDY GROUP PROPOSAL: Mayor Nee stated this is an invitation addressed to Clyde Moravetz, the City's liaison regarding the Anoka County Airport, to join the citizens advisory task force. Mayor PJee stated it was the Council's position that a staff inember was to monitor the meetings and report to the Council, but not to participate, either pro or con, in the deliberations. Ms. Lee Ann Sporre, a member of the Environmental Quality Commission, stated the City can participate in the task force meetings as an observer. She felt the City should maintain this liaison, without being part of the official task force. F�OTION by Councilman Fitzpatrick to send an observer to monitor the meetings �;. and relate information to the Council, but not accept the invitation to join f J th2 graup. Seconded by Counc;lman Barnette. Upon a voice vote, all voting ! aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated he hasn't seen any input from the meetings. Ms. Sporre stated they should.be receiving input shortly as there have been funds approved by many agencies to go to the Anoka County Airport. RESOLUTION PdO. 6-1980 TO ADVERTISE FOR BIDS FOR IPJDUSTRIAL TYPE TRACTOR: MOTION by Councilman Barnette to adopt Resolution No. 6-1980. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaniriously. RESOLUTION N0. 7-1980 TO ADVERTISE FOR BIDS FOR FIVE WOOD STORAGE BINS: MOTION by Councilman Barnette to adopt Resolution No. 7-1980. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the moiion carried unanimousiy. CLAIMS: MOTION by Gouncilman Fitzpatrick to authorize payments of Claims No. 358F22 through OlOH13. Seconded by Councilman Schneider. Upon a voice vote, all voting �� ' aye> Mayor Nee declared the motion carried unanimously. U� PU6LIC HEARING P1EETING OF JANUARY 14, 1980 Page 7 ADJOURNMEIdT: MOTION by Councilman 6arnette Y.o 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 January 14, 1980 adjourned at 9:50 p.m. Respectfully submitted, _� I Carole Haddad William J. Nee � Secy. to the City Council Mayor Approved: � j V � 65 THE t4INUTES OF THE REGULAR M[ETING Of THE FRIDLEY CITY COUNCIL OF JANUARY 21, 1980 The Regular Meeting of the Fridley City Council was called to order at 7:35 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ( ; ROLL CALL: MEMBERS PRESENT: Councilman Barnette, Councilman Schneider, Mayor Nee, Councilwoman Moses and Councilman Fitzpatrick MEMBERS ABSENT: None PRESENTATION Of AWARD: PEDESTRIAN SAFETY AWARD FROM AUTOMOBILE CLUB OF MINNEAPOLIS (AAA) PRESENTED BY MR. WILLIAM CRAIG: Mr. William Craig of the Automobile Club of Minneapolis presented a pedestrian safety award to Fridley's Public Safety Director, Mr. Jim Hill. Mr. Craiy stated fridley was in a contest with 429 cities with populations of 25,000 to 50>000 and the low pedestrian fatalities in the City was remarkable. He stated Fridley hasn't had any pedestrian fatalities for five years and � felt this was because of a cooperative effort by the citizens, the Police • Department and the city governmert. Ne stated the City is active in bicycle control and education and has done an excellent job on traffic enforcement. Mayor Nee extended thanks to Mr. Craig for the presentation of this award. APPROVAL OF MINUTES: �� REGULAR MEETING, JANUARY 7, 1980: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: � � MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM,VISITORS: There was no response from the audience under this item of business. PUBLIC HEARINGS: CONTINUED PUBLIC HEARING ON FI�JAL PLAT, P. S. #79-03, BLOMBERG ESTATES, BY KARLA A. BLOMBERG CONTINUED FR0�1 JANUARY 14, 1980 : Mayor Nee reopened the public hearing on this plat, P. S. #79-03, for Blomberg Estates. Mr. Qureshi, City Manager, stated, at the last meeting, there was discussion on the road patterns and access for this plat. He stated the Council may wish to hear from persons who were concerned whether or not they have changed their minds or have a different feeling about the plat in order to make a decision on what would be the best solution. Ei �O REGULAR MEETING OF JANUARY 21, 1980 Page 2 Mayor Nee stated part of the problem was the question of the use of 75-1/2 Avenue and whether or not it should be a full or half width. Mr. Qureshi stated they have been in contact with the property owner on the northeast side of this roadway and there is indication of a general agreement about a possible exchange of property. He stated some right-of-way would be acquired from Mr. Heyne and he, in turn, would receive property to the west for additional rear yard for his property. Mayor Nee asked if an agreement had been reached with Mr.and Mrs. Maki. Mr. Maki stated the Blomberg's have made an offer and he has accepted it contingent on it being approved by all parties. Ms. Karla Blomberg presented to the Council a copy of the agreement between them, the Fle:yne's and the Maki's. Mayor Nee asked about the ir�pact of the road on residents across the street. Mr. Qureshi stated the roadway would be laid out so that the headlights of the cars would not be hitting the houses directly. Ms. Blomberg stated she felt they have met all the stipulations and the only other concern would be the park fee. Mr. Qureshi felt the utility and drainage plan still had to be approved and there is the question if drainage detention on the back of the lots is the besi: approach or if a separate area should be dedicated. Councilwoman Moses questioned the amount of land that would be lost, if land was provided for ponding. Mr. Qureshi stated, if the back of the lots are not used for retention areas and depending on how the lots are laid out, there is a potential to reduce the plat by four lots to provide such area. Ms. Blomberg asked if there was an objection to what was recommended by the Rice Creek Watershed District and presented a plan of the proposed drainage. Mr. Qureshi stated almost all the back lots on the west side have easements shown to the full width of the back yards and those would be the areas for drainage. He stated these would not be permanent retention ponds, but more of a detention are�, so there would be the potential of water standing in this area for some�ime during heavy rains. Mayor Nee stated he believed P1r. Comstock, the engineer for the developer, stated the water could go up to two feet in a 100 year storm for a period of several hours. Councilman Schneider asked if he was purchasing these homes how he would know the easement existed. Mr. Herrick, City Attorney, stated if the purchasers get a title search, whoever examines it should reveal what easements are an the lot. Mr. Herrick stated the City would have the authority to control the grade when the initial plat is approved and would also have thp right, as would the adjoin- ing property owners, to prevent an owner from filling in the drainage easemeni. He stated any activity that would adversely effect the drainage on the easement would be prohibited. Councilman Schneider stated he has spent many hours on the phone with the developer and neighbors in the area ard they are apparently near an agreement,however, it now comes to the question of the park fee. b�r REGULAR MEETING OF JANUARY 21, 1980 Page 3 Councilman Schneider stated the administration is suggesting a total park fee of $55,000 for park development which, according to his understanding, is substan- tia)]y less than the value of four 7ots which the City coutd request under the park fee ordinance. He stated the developer has some difficulties with this amount. Mayor Nee stated the public hearing is, basically, on the plat and not neces- sarily contingent on the question of the park fee, unless the Council wished it resolved at this time. Councilman Schneider stated one of tha stipulations of the Planning Commission was for payment of the park fee. Mayor Nee asked if anyone else in the audience wished to comment regarding this proposed plat. There was no response from the audience. MOTION by Councilman Schneider to close the public hearing on P. S. .#79-03, Blomberg Estates. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the pubiic hearing closed at 8:02 p.m. MOTION by Councilman Schneider to approve plat, P. S. #79-03, Blomberg Estates, with the following stipulations: (1) Approval of the Rice Creek Watershed District is received by the City; (2) Water, sewer, street and drainage layouts be approved by the City staff; (3) All necessary drainage, utility, road and bikeway-walkway easements as per staff requirement be obtained; (4) This plat development to pay a11 arater, sewer, drainage and street improvement costs except for Lot 21, Block 2, Spring Lake Park Lakeside Addition, which is to pay its appropriate fair share of these improvements; (5) Staff to have the authority to reduce the width of the east/west legs of the roadway in the plat to accommodate roadway less than 50 foot riyht-of-way; (6) Developer to pay $55,000 as park fee into the City park funds; and (7) If staff and developer cannot work out these stipulations, or if mutually agreeable amendments are not agreed upon, tnen the developer should lay out alternate road and utiiity plans to develop this area and process it through the City commissians and back to the Council for review. Seconded by Counci�man Fitzpatrick. Ms. alomberg stated she is to understand then, if they do n�t come to terms on the park fee, and other stipulations they should start again and bring an entirely different plat. Councilman Schneider stated that was how the motion reads. Ms. Blomberg stated what the City i� saying then is that the land right now is worth $555,000, if the park fee is 10% or $55,000. � Mr. Herrick, City Attorney, stated he had some discussion with the attorney representing the developer and he wasn't able to be present this evening. He stated it seems to him this is a matter that probably won't be resolved at this time. Fle felt it probably would be appropriate for the administration and himself and the developers and their attorney to try and see if a mutual7y acceptable agreement can be reached. He stated, if this cannot be done, there is a procedure to determine if the fee is reasonable or not. Mr. Herrick stated he has suggested that the developer's attorney read the findings of a recent court case in Bloomington that dealt with this issue and to use that as a guideline to see if they can reach an agreement. Councilman Schneider felt the motion leaves the door open for the developer and i i the administration to negotiate. Ms. Blomberg reviewed the ordinances and policy statements under the dates of February, 1977, June, 1977 and October, 1979 regarding the amount of the park fee. She stated,on the check list she received,the park fee was stated as $500 per iot. She felt if ihe Ciiy wished to take four iots, in lieu of ihe park fee, this would be acceptable. C�:j REGULAR MEETING Of JANUARY 21, 1980 Page 4 Mr. Qureshi felt they could work with the developer in an attempt to reach an agreement and felt the motion left room for negotiations. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Mr. Heyne asked if the property owners would be notified when this matter is settled. Mayor Nee stated he assumed there would be discussion on the park fee and ; other stipulations, but if any changes are made which effects alignments ; or gradings, they would receive notice. � LEAGUE OF WOMEN VOTERS: Mayor Nee introduced Mrs. Meyers of the League of Women Voters. She stated there are several members af the League present this evening with their children to observe the Council meeting. OLD BUSINESS: DISCUSSION OF FUTURE FUNDING FOR ISLANDS Of PEACE EXPENSES (TABLED 1/7/80): Councilman Barnette stated Ed Wilmes had talked with him and stated he would be unable to attend the meeting and asked that several items be mentioned. He stated t�1r. Wilmes advised him they are getting many cormnitments for items such as the sliding door and deck for the Islands of Peace building. He stated they a�lso have money for a library, tape recorder, and television set, and Mr. Wilmes said a cor�unitment for the landscaping. Councilman Barnette stated Mr. Wilmes indicated that on February il the architect would like to appear before the Council for a final report on the building and Mr. Wilmes requested this item be tabled until this time. MOTION by Councilman Barnette to tab�e any further discussion on this itero `� � until February 11, 1980 at w{�ich time the representatives of the Islands of Peace and the architect will present a report. Seconded by Councilwoman Moses. ' Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unani- ; mously. i NEW BUSINESS: CONSIDERATION OF FIRST READING OF ORDINANCE ON PROPOSED AMENDMENTS TO CATV ORDINANCE: Mayor Nee stated Mr. Eddy had requested that wording regarding proof of age of senior citizens be included under Section 405.211, Installation, the same as it is included under Section 405.222, Monthly Service Charge. MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading, with the following addition under Section 405.211, Instal- lation, Item I: Proof of age satisfactory to the company shall be required prior to receiving the senior citizen rate for installation". Seconded by Councilwoman Moses. Upon a voice vote, all votin_g aye, Mayor Nee declared the motion carried unanimously. RECEIVING PLANNING COMMISSION MINUTES OF JANUARY 9, 1980: CONSIDERATION OF VACATION REQUEST, SAV �79-05, TO VACATE DRAINAGE AND UTILITY EASEMENTS IN ALICE WALL ADDITIOM, BY RICNARD KANN: MOTION by Councilman Schneider to set the public hearing for February 11, 1980. Seconc�ed by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the m;nutes of the Planning Commission Meeting of January 9, 19II0. Seconded by Councilwoman P1oses. Upon a voice vote, all voting aye, Mayor Nee dec]ared the motion carried unanimously. ; REGULAR MEETING OF JANUARY 21, 1980 Page 5 RECEIVIN6 POLICE COMMISSION MINUTES OF JANUARY 5, 1980: MOTION by Councilman Schneider to receive the minutes of the Police Commission Meetin9 of January 5, 1980. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPOINTMENTS TO CITY OF FRIDLEY COMMISSIONS ( INCLUDING ENERGY COMMISSI�N - TABLED 1/7/80): MOTION by Councilman Schneider to table this item to the first meeting in ` February. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Qureshi, City Manager, explained the reason this item is before the Council at this time, even though the terms don`t expire until April, 1980, is to give newly appointed members a chance to attend some meetings of the commission before they begin their term. Councilman Schneider stated his only reason for tabling was to contact several people. Councilwoman Moses stated this also was her reason. Councilman Fitzpatrick stated he was prepared to support the reappointment of any of the persons who are presently serving on the commissions who have been contacted and wish to remain as a member of a commission. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. APPOINTMENT - CITY EMPLOYEE: Mr. Qureshi, City Manager, advised the Council of the background of this person who is to be appointed to the position of Public Works Director. (� MOTION by Councilman Fitzpatrick to concur with the appointment of John Flora I as Public Works Director at $31,500 per year, effective April 1, 1980. Seconded l by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Schneider to authorize payment of Claims No. 362513 through 016832. Seconde� by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: MOTION by Councilman Fitzpatrick to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Counciiman Schneider. Councilman Schneider questioned whether the on-sale and Sunday liqcaor license should be under Capelletti's Plaza tiilla or under the new name of the establishment. Mr. Brunsell, City Clerk, stated the license was filed for under this name and, therefore, the license and application should be the same. Mr. Herrick, City Attorney, stated the license is being given to the applicant who is Robert J. 0'Rourke and OR's Corp and should indicate the location. He didn't feel the name they are operating under was significant. j{ UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared , the motion carried unanimously. �� 7 � __ , n REGULAR MEETING OF JANUARY 21, 1980 Page 6 ESTIMATES: MOTION by Councilwoman Moses to approve the estimates as submitted. Talle, Herrick & Munns 6279 University Avenue N. E. Fridley, Mfnn. 55432 �For services as City Attorney for month of December, 1979 $2,250.00 Smith, Juster, Feikema, Malmon & Haskvitz - Attorneys At Law 1250 Builders Exchange Blvd. Nfinneapolis, Minn. 55402 For services as Prosecutor for month of November, 1979 For services as Prosecutor for month of $2,230.00 December, 1979 $1,860.00 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee asked if any of the visitors had any questions of the Councii or any advice. One child in the audience asked on the Islands of Peace building, if there was drainage to protect the building from flooding of the river. Mr. Qureshi, City Manager, stated the building is so located that there would practically be no potential for flooding. 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 Regular Meeting of the Fridiey City Council of January 21, 1980 adjourned at 8:38 p.m. Respectfully submitted, / Carole Haddad Secy. to the City Council Approved: William J. Nee Mayor 0 � 4 � 0 ORDIIvANCE N0. AN ORDINANCE AMENDING l;ERTAIN SECTIONS OF THE CATV ORDINANCE, CNAPTER 405 The CA7V Ordinance is hereby amended to read as follows: SECTION 405022 PATES Rates charged by the company for monthly service hereunder shall be fair and reasonable and designed to meet all necessary costs of ser- vice, including a fair rate of return on the original cost, less de- preciation, of the properties devoted to such service (a�ithout regard to any subsequent sale or transfer price or cost of such properties). Maximum rates shall be set for the operation and maintenance of a CATV system as fair and reasonable under existing conditions in connection with the rights granted herein, and said rates be approved by the council. . The company may collect from its subscribers any Qovernmentally im- " op sed co riqhi fee or royaliv; the amouni collected by the company shall not exceed the tota7 amount paid by ihe company for sa�d fees or royalties. SECTION 405.211 INSTALLATION 1. Single Family Dwelling, Multiple Family Owelling, Commercial, Mobile Homes. First Connection - Ple�-�e-e�eee�-��.-59-e�e-��e-�ee. Not to exceed $25.00 one time fee. For senior citizens, age 65 or over, not to exceed �7.50 ane �ime feeo Proof of age satisfactory to the company shall be requ:red prior to receiving the senior citizen rate for insta7latiort. Second Connection - Gratis if installed at tirre of first installationo �iddi�ianal Gonnections - Time and material cost of the company in making t�e installation(s), however, ��-�e-��Eeed-�a�:58-�e�-}�s�a��a- ��e�. not ta exceed �25.00 per instal7ationo For senior citizens, age 65 or flver� nat to exceed 57.50 per instailationo 2. The company hereby agrees to waive all connection charges for S�ingle �amily Uwellir�s., Multipie Famiiy D:�1e31ings, Commercia7 Estab- lishments and hlabi1e Home Parks if the connection is perFormed during the initial coristructicn of tF�e CRTV system within the Cityo 3. In addition the regular connection fee may be waived or reduced during certain sales campaigns the company may wish to conduct during the yearo 4. �,Schools, Libraries, City Offices and Other Public Buildings. There shall be no charge for installation in each school building, libt°ary, City office or.other public building in the City, except when said installation per building exceeds one, in tivhich case the charge shal� be at cost (�e�-�e-e�Eee�-��:58-�e�-Ee��ee��ep)o (not to exceed �25.i�0 per connection)o SECTION 405.222� MO�;THLY SERVICE CHARGE 6. Senior Citizen Rate Upon application the n�onthly service charge for subscribers, 65 years of age or older, shall be reduced t�y 25% of the regular month- 1y rate cha►�ged other �ubscribersa In order to be eligible for �his reduced r•at�; the owner of the home, or if owned in joint tenancy, .i. Page two � � 1 � ORDINANCE N04 AN ORDINRNCE A1�EN�iIQ��RTAIN S�CTIONS OF THE CATV ORDINANCE • one of the owners of the home must have attained the age of 65 yearso When �ersons ar� renting property, at least one of the tennants responsible for paying the rent shall have attained the age of 65 years to qualify for the senior• citizen rate. �He-es�- ��pe�-eaw�e�-a��-��eaw�e�-}�es�e-e�-�be-�e�se�-ew-�e�sepe-�� p-�be-beasebe��-�we��e�-e�-ew�e�}-sba��-�e�-e�eee�-�53888-�e� yeaw-��-ew�ew-�e-�ba��-�ew-��e-se��e�-E}��e�-�a�eo Proof af age ap�-��Ee�e satisfactory to the company shall be required prior to receiving the senior citizen rate for monthly cable service. SECTION 405.28 CABLE TELEViSION �Oh1MISSION (7ast paragraph) The company shall furnish the Commission with business reports on or before Fe��ba�y-�s� April lst and A��as�-�� October lst advis- ing the Commission on: progress made in installation of the sys- tem, utilization of channels; program schedules; new services plan- ned; and an annual projection, ioeo business p7an fior the forth- coming year, Specific form and frequency of reports shall be specified in a me�orandum of ur�derstanding between the City and the company. The Commission sha71 review the accomplishments of the company and determine if progress is consistent with the company's projectionsa The Corranission shall issue reports, at least semi- annually to the residents of the Cityo AROPTED QY TH� CITY COUNCIL OF THE CITY OF FRIDLEY THIS DA`f OF , 1980 0 ATTEST: MARVIN Co BRL'NSELL - CITY CLERK Public Hearing: Januarv 14, 1980 Fi rst Readi ng: yn� ��„ �� q�g_ Second Reading: Publish: WILLIF�M Jv NEE - MAYOR / � COMf�IISSION TCFtMS Tf1AT l•JILI. EXPIRE A��RIL 1, 19BC rOR rITY COUNCIL INr-ORP�ATION 2 TERM PRf_SFN7 MEf�[3ERS EAPIR�S APPUTN3EE PLANNING COMh9ISSIOPd (Cha�ter 6)(6 f�embers - 3 Y�ar Term) Richard Harris 4-1-82 6?00 Riverview Terrace N.E. (H. 571-4097) � James Lange�ifeld 4-1-II2 79 63 1/2 4Jay f�.E. (H. 571-3�91)(B.332-2316) . LeRoy Oquist 4-1-£31 1011 Hackman Gircle (H.571-0415)(B.482-3635) � Barbara Hughes 4-3-82 548 Rice Creek Terrace (H.571-6182)(B.871-7332) Virginia Sci�nabel 4-1-81 1527 tdindemere Circle Pd.E. (H.571-3318) Feter Treuenfels 4-1-82 5248 I-�orizon pr. (H.5�0-5907)(B.633-8i30} � COh'iMU(�ITY DEVrLOP�IE�lT CO`-1MISSIQP! (Chapter G j(5 M�mSers - 3 Year Term LeRoy Oquist 1011 Nackmann Circle N.E. (H.571-�415)(8.482-3635) Co.ir.ie P�hodig 1330 Hillcrest Drive (H.571-0550) (Q.29�3-3789) Sl�aron Gustafson 437 Rice Creek Blvd. (H . 574 -�9582 ) Alfred Gabel 5947 2 1/2 St. (N.S�i-12$8)(B.561-5300) Kennetli Vos 990 6�3tt� ;�venue (ti.571-224G) 4-1-81 : :� 4-1-80 4-1-81 4-1-82 Yes - would serve Exce� ent Yes 00 * ATTENDANCE KEY: Excellent - hlade every meeting Good - Missed one or two Af'Pt�I��TCi-- .I TCR,hI LXPIRi " 4-1-83 4-1-83 :XPIRIf�G COMP•1ISSION POSITIO�dS 7EftM � PRCSE(�T M�M�ERS EXPIRES APPOIh�TEE PARKS APdD RECREATIO(� C0��1r'IISIOP� (Chapter 6)(5 P�enil�ers - 3 Year Term) 6arbara Hughes 4-1-II2 548 Rice Creek Terrace � (H.571-G1�2)(B.871-7332) Jan Seeger 324 Ironton Street N.E. (H.784-7441) Davtd Kondrick 280 Stoneybrook Way (H.571-2359) Betty Mech 1315 66th Avenue (H.574-1197) Dick Young 5695 Quincy St. (N.571-8098) 4-1-81 4-1-82 4-1-80 4-1-8Q No Yes Excel �] ent APPEALS COi�1??ISSION (Chapter o){5 Members - 3 Year Terml Virginia Schnabel 4-1-81 1527 t�linden��re Ci�"C�� N.E. (H.571-3318) . Patricia Gabel 5847 2 1/2 St. N.E. (H.571-1283) Richard C. Kemper 7857 Alden Way (H.571-5599)(B.�6G-5002) James Plcmel 6864 Chai�nel Road N.E. (!-f.571-002G)(6.4? -476Gx112uti l�lex P. 6ari�a 5G0 Ilugo Street N.E. (H. 1II4-5468) 4-1�82 4-1-81 4-1-80 4-i-82 Yes � X C 2T��l�s� 2� Page � APPOINTEC TERM EXPIf�`_- 4-1-83 4-1-83 4-1-83 XPIRING COMf�IISSION POSITIOfdS TERM PRESEfdT MEML'ERS EXPIRES APPOINTEE ENVIROfJf�ENTAL QUALITY COMi�ISSION (Chapter 6)(5 Members - 3�Year Term Jam�s Langenfeld 4-1-a2 � 79 63 1/2 Way N.E. (H. 571-3191)�a•332-231G) Marvin Hora 6750 4th S�reet (N.7�4-9r379 ) Bruce Peterson 7503 Tempo Terrace N.E. (H.786-9898)(B.B53-5041) Lee Ann Sporre 295 Ironton St. N.E. (H.786-4237) Connie Metcalf 8G0 W. P�oore Lake Drive (N.571-3596) L� : , • �, 4-1-81 4-1-80 Yes � (Excellent� Will talk to D. Schneider Good� HU(•�an �:ESOURGES CO(ri'�IISSION (Chapter 6) (5 T4�mbers - 3 1'2ar Terr�) Peter Treuerfels 4-1-82 524F3 horizurl Dr. (H.560-5907)(B.633-£i130) Marlyis Carpenter 4-1--80 6258 Ben ��1ore Drive (H.571-4170�(Q.425-4131x339) Wayne Saunders 500 63rd Avenue (N.571-1937)(B.296-5913) PZary Van Dan G342 Baker Avenue N.E. (l1.571-3177)(Q.546-9035) tiJayne �•Jelch G115 Woody Lane (N.571-6323) 4-1-81 4-� -81 4-1-80 No , Yes New Appointee 0 2� Page 3 APPOINTc.i� TERM �XPIf��==' 4-1-83 4-1-83 4-1-83 4-1-II3 K PIRING COP�iMIJJ10ti POSITIOI�S 7ERr� P{tESEiJT MEMf;ERS EaE'IRES APpOINTEE ENERGY COMt�ISSIOtJ (Chapter 6)(5 f�ernbers - 3 Year Term) 4-1-81 (Tabled 1/7/80) Donald E. Wall 4-1-82 6850 Washington St. N.E. Fridley, MN 55432 Giles McConville 4-1-82 15$8 Gardena Avenue (S.E. Fridley, MN 55432 William F. Wharton 4-1-83 68$7 Channel Road N.E. Fridley, MN 55432 Dean E. Saba 4-1-83 6325 Var,Buren N.E. Fridley, MN 55432 2� Paye 4 - APPUI�JT;'f" TCRi�1 EXPIRF' CABLt TELEVISION COM��IISSION (Code Section 405.28}(5 Members - 3 Year Term) Ed�-�ard Kaspszak 4-1-82 1317 Nillcrest Drive N.E. (H.571-0441)(B.332-G951) Narold Belgum 4-1-81 � 191 Hartman Circle (H.571-T191} Burt Weaver 4-1-81 928 Rice Creek Terrace (N.571-4327) Carolyn Blanding 4-1-80 No 5653 Regis Trail iV.E. . (H.571-5653) Larry CV�eval ier 4-1-82 690G Hickory Drive (H.571-7147)(8..224-286� 4-1-83 ;XPIRING COMI�IISSION POSITIONS TERM PRESENT t�1EM�ERS EX�IRES APF'OINTFE FRIDLEY HOUSIPJG Ai�D REUEVELOP(�1FNT AUTHORITY (5 Members - 5 Year Term Elmars A. Prieditis 6-9-II1 6031 Eenjamin St. N.E. (H.571-7230)(a.332-1401) Russel Nouck 6-g-g2 750 Overton Orive (H.571-3249) Duane Prairie 6-9-83 489 Rice Creek Terrace (H.571-3993) Larry Commers 6-9-84 5212 St. Moritz Drive (H.571-8925)(B.544-9321) Carolyn Svendsen 6-9-80 5171 Kerry Lane (H.571-6060)(B.571-2345) Yes (Good) POLICE COi�IMISSIO� (Chapter i02)(3 ��ien;bers - 3 Year T2rm) Edward Hamerr i k 4-1--82 6740 Monroe St. (H<571-6091)(B.559-9000) Jean Schell 4-1_gp Yes 5198 St. P1oritz Drive �QO� (H.571-3283) Elizabeth Kahnk 4-1-81 209 Rice Creek Blvd. (N.571-2108) , 2D r�dy� � Af�PUItdTt�� TERM EXPIRC' , .•: 4-1-83 I � RESOLUTiON N0. - 1980 A RESOLUTION FOR INITIAL APPROVAL OF THE OFFICAL DRAFT OF THE COMPREHENSIVE DEVELOPf�1ENT PLAN FOR THE CITY OF FRIDLEY FOR SUBMISSION TO AOJACENT COMMUNITIES FOR REVIEW AND COMMENT WHEREAS, 7he City of Fridley has been developing its comprehensive development plan as required under Minnesota Statutes of 1976 Chapter 127 (Metropolitan Land Planning Act): and � WHEREAS, The City of Fridley has provided far public input through its commission process and public hearings: and WHEREAS, The Planning Commission of the City of Fridley has recommend approval of the Official Draft af the Comprehensive Development Plan of the City of Fridley NOW THEREFORE, BE IT RESOLVED by the City Council af the City of Fridley that the Official Draft Comprehensive Pian for the City of Fridley be given initial approval and submitted to adjacent communiiies for Review and Co►nment. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRI�LEY THIS DAY OF , 19�0. ATTEST: CITY CLERK - MARVIN C. BRUNSELL WILLIAM J. NEE - MAYOR � 4A PLA.�INlNG COMMISSION MT:I?TTP�G, JANtJARY 23, �.�$0 ' PAGF. 2 PAGr 5• AefiniL-ion no. 43 - chan�e pennitted to i�cludcd Add definition for "Recyling Center" � pAGE 10• No. 4- Mr. Harris felt the term fair market value should be deleted from thia item. Iie felt it would difficult to determine that cost if a building was damaged. Mr. Boardman xeplied because this building in question was of a non-contorming use, we want to get rid of the structure and we sliould have some type of dollar amount to de- termine the value it would cost �o replace the structure. He also staL-ed this standard comes froc;l the state. and they use a dollar amount. The commission reworded the item to read ...(50%) or more of its assessed v�:ation as detiermined ... PAGE 14• The commissior. took no action or. section 205.047 (Environmental Quality) until updated state cliarts are brought in by member Barb�a Hughes. � PAGE 17: No. 5- Mr. Harris asked the conunission members if a 350 foot radius ot property owners was large enough. for notification on conanission business. Mr. Boardman stated this was in line with state requirements f:or notification. The commissien agreed it was adequate. PAGE Z0: No. 3- Same question as for page 17, except for the Appeals Comm�ssion felt this distance was fa should be some type of notification to adjoiizing requested. Presently L-here was no notiiication. into tihat request. Iie thouglit ii would rec�uire PhGE 22• Fixst paragraph change bonded to secured. a 200 foot radius. Ms. Sc:�nabel said ir. However her commis�i.on felt there property owners when a lot split ��as rir. Boardman stated he caould c:heck a modification in the Platting Ordinanc�. No. 4� ris. Schnabel said the Ap�eals Conunission felt soma type of time period shouid be placed on a building permit. Ior exampl.e, �oork must be completed wifihin- 2 years aftex �he buildi.ng permit �oas issued. The Appeals Com.�nission felt therc were many, and continuing instances in Fridley where projects taere started by private individuals and never completed. This causes a visual and possible dangerous situation for a neigh•- borhood. Mr. Baardman said he would have to checic into the legality of thaC requirement. Ms. liughes aslced cahat the city could do to someone who has not completed construction within the time period. Ms. Sct�n�zbel said one recourse cauld be xevolcing the building p�nnit. The city should h�ve some sort of recourse. . 43 �'ZJ+TiIJ.T.NG COT'fI�iISSION M1:T:TT_r;G, JI�TRJARY ��19�,� p��E �'- Ms. Hughes pointed out if tl:e pe�nit was revol:ed, the construction would never be com- pl.eted. IL L•here was a dan�;c� or problem to tl�e nei�;hborl�ood, that could be handled because of the liealth, safety, and welfare factors already provided in the ordinance. PAGE 23• . , Secti.on 205.06 (Dist�oct Provisi�ns) . Mr. Boardman stated this section was not included in this draft but will be included a.n the final copy. P11GE 24 • . Correct section numbex on top of page to 205.071 No. 2A-2 - The commission fel� the wording oi this sentence was not clear and should be reworded. No. 2D - This secti.on refers to mother-in-laca apartments. Mr. Harris aaid this type of housing was needed but felt thexe shocld be some type of follow up fxom the city, for example the fire marshall, to make sure there was adequate ventelation and e.�its in case of a fire or emergency in these apaxtments. Mr. Boardman suggested a license could be xequired to have a unit lil:e this in your home. This wauld give the city the legai means to ensure all safety factors are being met. Ms. Hughes stated a license wou7_d not cure tlie nxoblem on unsafe conditions if the homeowner does not apply for a license. The unsafe conditions caill be existing even bef.ore tha� area of the home was cor.ve�'ted to an apaitmenC. The licei�se was one more example of control on top of control on top of contxol. She felt it was an unnecessary invasion of privacy and the safet-y �actoxs were mor� important. Mx. Harris said the license would give the city the legal means to go into a home and make sure the apartment was satee If it did not meet requireinents, t;�e city could re�r�ke the license and shut down the apartm�nt until safety precautions were talcen. He stated the license �ee should be very minimal. Mr. Oquist questioned the definition on l�mi�ed dwelling. Mr. Boardman stated a limited dwelling �vas a completely self-contained unit �caithin a single-iamily dcaelling. It will be occupied by a family member and must have at least one main entxance thraugh the main single-family dwelli.ng structuxeo Ms. Huglies questioned if a�aalkout bas�ment would be legal. The outside door could be used as a main entraxice to allo�o for more privacy for both paltieso Mr. Boardman replied it would be legal so long as the enL-rance inside the Ziome was not blocked off. No. 3A - change wording to: Secondary accessory buildii�g as per section 205.071. Na. 3B - rir. Boardman stated churches and privatcr s�hoals were placed undex the special use pennit section. 4C PT.AN3�:T.NG COI�'fMI�S701J MT:�7'T.t��, J/�NUnRX ?_.3,, 7.980 PAGE 4 No. 3C - chanf;e wordi.ng: All non-commercial, �o1L- �ourse, cauntry club, yacht cluba, tennis courts and swir�unin� poflls and additional recxeational uses and not- an accessory use to thc� pxincipal uses in R-�1 llistx�_ct. PAGE 25• G - delete Section 205.�73 (Lot Requiremen�s and Setbacks) - Item 1- r1r. Oquist stated� the minimum lot size was now 7,500 squar.e feet. The � Cocrmiunity Development Cotn�nission felt ttiis size was adequate and followed the xew mmend:� �ion of the Metxo Council. Because of land shortage and land costs, any size larger becomes prohibitive. He also poinCed ouC t}ie 60 fo�t width requirement for lot size. rir. Harris questianed if setbacks should be changed because lot size requirements had been made smaller. He thought it could be hard to place a liouse on that size width lot and sti11 meet a11 thE setback requirements. Mr. Qquist said the setbacks were not to ensure a certain �ize house, but to ensure adequate space between homes for healt�h and saiety. PAGF 27• Ms. Schnahel asked the Commission to jump ahead to page 27 where minimum floor area 7cequirements taas discussed, She noted oz� t�he Iast paragraph of page 27 the wox!c or sl�ould be i:he word of. .is< Schnabel suid the �ppeals Coiril-nissioa had come up with a . xeco „ endation for minimum floor requiremenLs. 1. Zat of 9,fl00 squaxe �e�t or largez- � 1,�2_0 square feet on the first floor., including garage area. 2. Lot of less than 9,000 square feet - 768 square feet or� the first floor, � exclusiVe. af garage area. The Appeals Coinmission felt they would like to get away f.ron home style definitions (splii: level, rambler, etc,). They a?su felt �hese lots could handl=� the reca:rmended size home and still be cor.sistent wi�th L-he area. Mr. Oquist questioned the fact that a house on a smaller 2ot was almost as large as a h�me on tlie larger lot, even though � gaxage haci been included on tlie Iarger size lot. The Appeals Commission supports the includinb of a gaxage because a garage not only houses a vehicle, but also tvas a stor.age place for co�nbustible items thai: nol7nally would Ue stored in the home; storage of miscellar.E�ous iteins (bi.kes, trailers, yard equipment, e4c.) tliai �,�ould be tinsi�htl}�; and �l�ey ielt a garage woul.d not be a financial bur�en an someone wh� buys a lot of at least 9,000 s�uare feet. Mr. Oquist pointed out a�arage was an expensi.ve item and could r.lake the difference between someone being ab1� to p�,:rchase the liome or not being abl� to purchase the home. Mr. Oquist questioned if �ara�;e� weie e�aen needed �s a requirement. He did not Lhinic ; it �aas fair to pl�zce a garage requirement on a certain si.•r.e home and not another size home> The question of a sara�e need was not aesthetics, but safety and welf.are. Mr. Boardmzn poir.tcd out the Appeal's recommended floor rcquirements would give the same vi.sual nl�peuiance if ttiere was a�arage or not. 4D k'T.f1t�1ZNG C�:'"�IIS`�70N M1:T;TTNG, Jt,�IIJARi' 7_3, 1980 � _ PAGF. S Ms. Huglies stated slie thought the city in Lhe past had not required attached garages. Mr. Boardman said the requirement was fox detached garages. The city had desired to see attached g�rages more recently. � ' Mr. Oquisr stated again that financially some builders may desire not to build garages because that would help lo�aer their costs and therefore make mnre people able to pur- chase the home. Ms. Hughes felt a v�te should be taken to see if garages should be required. �ren if they were not required by ordinance, �it would not prohibit the eonstruction of a garage. MOTION by ris. Hughes, seconded by Mr. Oquist to delete Section 205.075 (Parking Requirements), It�m 1(Garage Requiremen�) ano change Item 2(General Provisions ) to Item 1. UP�N A VOTC� VOTE, OQUIST, HUGHES, H.ts,RRiS, TR�U�NFELS, LAIv�EiVFEL�J VOTING AYE, SCHNA3EL VOTTNG N.fiY, CHAIRi�11�N IiA1�.RIS DrCLA!'.ED TH� MQTION Ct�P.RIED BY A S TO 1 VO'T�. PAGE 25: (Continued) Mx. Harris questioned if 60 feet would be wide �nough fox a corner lot. Mro Boardman said a house could be desi�ned to fit the Iot and mect all requirements. PAGE 26: No. 48-3 - 1�Ss. Schnabel said since the commissi_�n c�Tas not reqairing a garage to be buil.t, did they �aan� to change the side yard requiremant of 13 fe.:� to something larger so a garage could be built in the future. Slie pointed out that 13� feet wou.ld not give enough. room for an attached ga:rage and recomr.iexided a 17 foot sideyaxd requirement. Mr. Boarctman said the city cannot control if adeqaate space was left for an attached garage, just so long as minimum -requirements we.re set and.met. He stated a detached gaxage could be built instead of an at�ached garage. Ms. Hughes said she thought Mx. Boardman s�.ated eaxlier detached garages were not allowed. __ Mro Boaxdman corrected himself. Iie a.lso said the city's xesponsibility was to only a11oE� area for tlie possibility of a garage and that �aas tahat the 13 feet did, If tlie homeowner desired to build an attached garage in the future, he would 2iave to plan fox that when he buil�. �'he 13 fee.t was only a minimum sideyard and the homeowner c�uld leave more if he chooses. Ms. Scl�nabel said tllat was why she felt this section should read 17 fee� and not 13 LeeC to allow for t-he futiure. . Mr. Oquist poinied �uL- that ttie ordinance was not a reminder to the homeowner on liow • m��ch roorn to lcave for future expansion. Iti only sets the minimum sideyaxd requixement and if the homeawner �vant to leave more room he can do so. Tir. J3oardman su�;gested rewor.ding ttiis sentence to:" tniexe a housa is constxucted without I A£*,IIY�'i�C� u sidcyard of thirtecn (13) fcet is requi.xed. Tlie commission agxeed tc that. � �E PL/t�1NING CO*iMISSION T1rP;TINC, JATIUARY Z3. 19P0 PAGE 6 ....-- PAG� ?.7 : No. D2 - omit "or welfare" from lasr sentenc�. 205.074 (�uilding Requirements), Item 2(Minimum floor area) Ms. Schnabel referxed to her pxevious stated recommendations on minimum floor�area: 1. Loti of 9,000 square feet or largcr - 1,020 square feet on the first floor, including garage area. 2. LoC oi less than 9,000 square feet - 768 square feet on the first iloor, exclusi.ve of garage axea. The Appeals Commission felt there should be a stated number of square feet required to be consis�ent with the res� of the city. The new ordinance copy has no �ta.ted minimum xequired square footage. Mr. Boardman stated the}� were using the state code. Each type of room (bedroom, bath, kitchen, and livingxoom). has a stated minimum sq_uare footaoe area required. This way if a builder only needs t� build a 2 bedroom home, he would only have to build a square footage area for 2 bedrooms, bath, kitchen and livingroom and nothing extra. This would help cut down on wasted space and dollars. riro Soardc!man said he did noC have the minimum square footage for each tiype of xoom as stated by the stete. Ms. Schnabel asked the c�mmissian to hold off any decision on this section un�il they can look at the state figures and compare tttem with Appeal's recommendation. P�GE 28• Change part 3 of Paxlcing Require.ments to 2 a�3d �2) ta (1) in same section. 205.076 (Perforr�ance Standards) No. lA - Change to: All materials shall be keut in a building or shall be fully screened, so as not to be visible from any public xight-�f-way, except where the . o. • 3B - delete PAGE 29• 4A - ch4nge to: A11 opan areas of ar_y site, except for axeas used for parking, drive- wa}•s, or stor.age shall be sodded ox seeded. End of- R�1 District MOTION by ris. Schnabel, seconded by Mr. Treuenfels to continue the discussion or. pro- posed c}ian�ed to Ctiaptex 205. Zonino. UPON A VOICE VOTE, ALL VOTING AYE, CIiAIP.1�1,��i1 IiAI'�IS DECLAI'.ED T1iE MOTION CAR�IED. 2. 1:EC�:CZ�L H(1USING AI�D REDT;VrLO£;irNT 11UTIIOP.ITY PIINIJTFS ; DF.C}�fI��R 13,,�1979 : � MOTION t�y Mr. Langenfeld, seconded by rix. Oquist tio receive the ilousii�g and Redevelop- n�enL- Authority n�inuCes of DecemL-er 13, �979. � yF rLnNNZrlc c��rs�[�ss�o�v �}:�•.rzr�c,, znNVn�Y 23�1�8o Phc� 7 Mr. Lan�enfeld pointed out the discussi_on on pa�;e 2 a�out either a FUD (Planned Unit Development) Oxdinance or Special Usc Permit for Llie Ovexlay 7.oning District. Mr. Boardman said it was still under discussion with Mr. Ilerrick, but that he preferred the special use permit. Mr. Boardman also stated the Center City Pz'oject had some proposals and they will be presented at the Jaivary 24, 1980 meeting of L-he Iiousing and Redevelopment•Authority. UPON A VOICE VOTE, ALL VOTII�G AY�, C�1,AIP�MAN HAI2RIS DECLAP.ED TIiE MOTION CAItItIED. 3. REC�IVE C�MMUNITY DP'VE7,OP2�I�NT COi�g�SSION .�Iliv'U:�ES_:_JL:NUARY 8, 1980 MOTIaN by Mr. Oquist, seconded by Ms. Iiughes to receive the Community Develo�ment Conunission minutes of January 8, 1980. Mr. Oquist said Mr. Herrick was still reviewing the condo conversion draft ordinance. UPON A VOIGE VOTE, ALL VOTING AYE, CHAIRP�AlV �i�RI'.IS AECLAr.:ED THE r10TI0N CATiRIED. 4. OTH�R BUSINESS Mr. Langen£eId read a copy of the letter he sent to the City I�Ianager and Council in response to being asked to be on the Energy Commission. It stated he felt the people who served on the Energe Committee coere all ve�y tale.nted and they all had worked vexy har.d and with great speed to set up the guic��lii�es and policies of the Enezgy Comm�.ssion. �hey were under the impression i:hat the new commission was greatly needed. However, he felt, as of yet, thexe had been no real actian taken on usin; their work and getting i.h3..s corrunission going. .._..___�.�.. � Ms. Hugiies said she received information tliat- th.e League af Minn�so�a Cities has set up funding to help cities establisii a noise ordinance and noise planning axea in their citi�s. Mr. Boardman said he received the sanle iniarmution and it will be pr�ser.ted to the Council at th�ir next conference meeting for discussion. MOTT.ON by Ms. Hughes, seconded by Mr. Treuenfels to xeceive the Guidelines for the Setting of the Pxioritization of Funding Requests as prepared by City stafi and tc be passed �nto the Human Resource Commission for xeview and coirunent. UPOI� !� VOICL' VOTE, ALL VOTIr?G AYE, ClI.t�IP,M�'�.I�T H.AF.R.LS DECLAF'.ED TI:� 1�IOTION CAT'�TtIED. Mr. Harxis asked Mx, Treue�.zfels to have his commission look at tlie document, add to ox amend as they desi're and bririg it back to the Planning Commiss�on. MOTSON by Tir. Langenfeld, seconded by Pis. Schr.abel to receive the memo from Mary Cayan. ' UPON A VOIC� VOTE, ALL VOTING AYE, CIIAII'.1�i.AN tlAI'•I'.IS D�CLAr.I:D TIi� MOTION CARRSEA. This memo was an outli.ne of tlie meetin�; �oitli tlie Ministerial Committee o£ �'ridley, city stlff ��nd Planning Connuission members Lo see what type of social services are provided alxcady �in Che city. Ms. llughes said sl�e noted s�me duplication o£ services n 9 �� G �'I.h11NING C(�;�i��1I`�.�'CON r�i;i'sT7:NC, JN�iiIt.PY. 23t 1980 I'ACr 8 provi.ded by thc various churches, bu�: �ekt tliat was good. That would give the opporL-unity ior someone to go more L-tian ane placc to get nelp or services. Mr. Harris said they also liad a meeting with community schools and the cotmnission should get a similar suirnnar� on that meeting. They would be meeting with. the county foz the same reasans soon. � � Mr. Langenfeld said the vaxious resources of social services should pool their informa- tion into one media. � Mr. Treuenfels said tlie Fr_idlcy,Committee Service Bulletim, does just that and they do try to cover all areas and agencies. . • Ms. Schnabel said tne city should handle this pooling of xesources. I� cannot be handled by the school because there are numberous districts in the city. Mr. Boardman said th2t was the purpose of these meetings. We don't know what the needs are yet, we have to identify them, see what agencies provide the service, and then see where the czty can help. Mx. Harxis read a notice fxom the rletro Council about a seminar to be held on 2/?2/80, at the Radisson South. Any interes�ed commission membexs should let Mro Boardman knoca by 2/4/80 i.f they want to at�end. Mr. Langenfeld fel� the commission members should geL- a. gas allowance �or attending monthly meetings. MOTZON by Mr. Langenfel:?, seco�ded b�� Tis. Schnabel to have Council grant a moi�al.y expense for gas of $5.00 per person. UPON A VOLC� �70TE, OQTJIST, NL'GNES; T�2i�UENF�LS, SCT-��TABEL, LANG�N�'�'LD VOTIAG AY�, HARFiS VOTING Nt�Y, CH.�iIP,i�iAI�T I�A'ttRsS DELLAr,E� TIiE PiOTIUi1 C��IZI:IEll BY A 5'TO 1 VOTE. ADJOtTRN21�NT . . MOTION by hir. Langenfeld, seconded i�y Mr. Oquisi� to �djourn the January 23, 1980, meeting of the Planning Commission at 11:15 P.M. � Respectfully submi�t�ed � ��..%_GL�•��"� • �rJ- Paula R. Long, hecard�ig Secretazy ,. . . „ MEMO T0: Nasim M. Qureshi, Ciiy Manager MEMO FROM: Jerrold L. Bnardman, City Planner MEMO NO.: $80-13 MEMO DATE: January 3i, 1980 RE: Sign Plan Change for Ho11y Center ° Please see attached plan amendment requested by Project 61 Corpora�;ion who owns Holly Shopping Center. I don't feel tS�at tnere is any problem with their request since there still will be a consistency of height which is what we are primarily concerned with. The request should be submitted to the City Cou�cil for approval as per Section 214.049 of the Fr�dley City Code. � JLB/de 0 0 n _ .5 I .. . . . LAW [)�FICES THOMPSON, NIELSEN. KLAVEF2KAMP & JAMES A PRO�ESSIONAL ASSUCIATIQN 9RUCE i.THOMP50N 4444 IDS CENTER O. JAMES NIELSEN 6RUCE W. EJIACKBUf7N 80 50UTH EIGHTH STRE�T � rAU� H. KLAVEHNAMP MINNEAPOLIS, MINNE50TA SS�i02 BRUCE Ei JAMES CiRANT J. MERNITT RICHARD J. KEENAN �R. D. E5T£5 ROGERA.JOHNSON JOHN O. PARSINEN OONALD P. NORWICH RICHARD MASSOPUST� JR. JOSEPH ALEXANOER - 171CHARD 5. GOOOMAN JAMES M. CNAiSTENSON ROBERT A. IEVV PATRIGK J. McLAUGHLIN NOWARO S. MVERS.III LLOYO G.KEPPLE ROGEq A. ZAHN LAVERN A. PRITCHARD City of Fridley 6431 University Avenue NE Fridley, MN 55432 Attention: Mr. Darrell Clark January 28, 1980 Re; Holly Center Sign Ordinance Dear Sir: .�--- TELEPHONE (612) 339-4546 , This office represents Project �61 Corperation which is the owner of Holly Shoppinq Center in Fridley, blinnesota. I am writing directly as the attorney for the Center since Mr. Fred Levy is out of the state. We would like an amendment to our "Signage Plan" so that the allowable heights on signs for the Center would be 44" with a variance of 4" above or below that r.umber. It has developed that in working with tenants, some flexib�lity on our part is a necessity and we feel it is also reasonable to allow tenants some leeway. As a practical matter, it does not affect the visual impact of the Center when you are talking about tolerances that small. We would appreciate this going on your.agenda for the next council meeting and we would further appreciate your looking favorably upon this request for a change. Thank you and pl�ase advise. PK;lg 1�c: Jer.rold L. Boardman, City Planner Very truly yours, �� Paul Klaverkamp � �� 1'x '� i:: IJ ��. . � • • I =,a , �� . � .G. : �1 +.. � . . + � '• � �r� 7� 1 � .....�._......... . .. .. � �. `...._........_ .3F1 onu�ny ,(Il�i�nWA � � • � •....__,....__.__: � - :.-t. , . , .•�. � �"r.``.` /�'_" `_ '� ' °'_ _� '� - . -_-. : _� � :- �—.. �.—_-- .. - . :. � � ti�.. ....� � . . � � ,� � ,�'•y , �, • 1� � --- —• � -----� . `y \ i � . . � � � � .. ...�, . 11.f.:!" �1+ ' � � �x, ^I , � � . .. �, )'� ' � `• ` \ � ara !; � V � Y� �. ... _._ � b ��\ � �! ��'• 't � T '� ,� . �r �� ' � 1 . 2 . i, � �'° `; v� �� ' ('�'f. r � �'• ,�• u ,` � - � 1+ , , t .� ; � � y ^ , ' J,. 1� �-if- � ;. i. ..�� : � S✓v, 3' ;; �: ` ��•: � �� 1� � ; . �•,` Dys � , «T r �� rw, � "f •t.. ��.:. ��Z � � � ,� ., ��J � � .. °� �� I :1 . �+ � .: ..�t s 3� .� , �,, �,. '. - . . r �� ;� . i'� �i . ' X- XL? •j' - • . i !`� � ti• � ' g ��! 4 ( # � � � L t . U � � • � H � � a 0. b � ---n �l � . �� 5B 1 � , .� � . t yt ' __..., j y, ', t • ' . 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( .i� �:c �.�t_�) . �1 ,'. al ( ! ai ,-- ,:. `.1 �b � y_. 1� : .. i� � 'I , �t. � '�..:. �� ' ' ..l � ;� � � � �� ,.. � ;I � l . i � _..... �.t' ' ,, �; i, , . . ,, _ �, . ., : . �..�.._._..__...�i . � � � � :�.� ..i. � � �. � 1 � ': a .. ._ . ..__ . _ .... . I.__.1 �� . � ;�.�.. �( u�n y.r, ... ;a, ir�i': :J. • •L!!F4\� \YwWw"TH�iN�I^��AYwY�1��>M/�Vwa�M��r!`MY.\1��w��tY�.lY�S�.tM1+��MM��'JVIYMi�W'M<TTO'YIYI1AVYl .� • ' I r . ' . : �I . ' . . 1 � , � . . „ . • ► _ . . � ( • . . . � ; . . �; � , �` . � . � � .,�Q . �� .._v. ;J � ' i l :�u�eiwaaswrev�cwr�wnu�r.�M��'�� • i , � . • r, �� . . » . :°w' Fo��,> } k� :f; � ;'> � M�MNE501'�.,.. C0� �� Departmenr �f Ni�hwat:s Paul K Ruud. HighK�uv Engineer COURT HOUSE ANOKA, MINNESOTA 55303 612•421-4760 � January 23 , 1980 City oi I�idley 6431 University Avenue Fridley, 111innesota �5432 Attention: Nasim Qureshi City P:�anager SS.ibject: S.P. 0205-50 Traf f ic Signal Syst�n . T.H. 47 � 69th Avenue N.E. C�ntlemen: Enclosed are tr,ree (3) copies of the Abstra.ct of Bids for the subject project received on January 1�, 1980. The bids have been reviewed by the County Attorney and oux staif and the County Boaxd awardecl the contract to tre low bidder, Egan 1�Sc�ia.y Electrical Contractors, Inc., an January 22, 1980. This award �va.s made contingent upon concurrence by the City of Fridley a.nd �1n/DOT. Please consider this letter as a reauest for yaur prcxnpt review and concurrence. Should any additional infoi��a.tion cr documer�tation be requixed, please notify us so that �ve ma,y provide that ��hich is needed. � .�C •i�� • I'�1CZS : Very t� 13' Yours , �._ !� Paul K. Ruud, F.E. County Engineer a! 0 0 loyer i �G � '' r ? s- ., � � �� o _ U ,.l � '� Y '- O �n a ::� Q ._ � i � 4a ,� c n � '� O W tL > Q � �� W 1--� � t�s � �'' o :c cn m cl � � �.3 v t1 � ;c ` J � , , i Y �! 1 ; _ x a ; _o z u- p O F-- cn Q N v-Q O J J U � � S r � z w J � � � z � 0 tU z a 0 t- til x '-� Q i O Vj n. ci r m �I a0 �'— w �w z �1 c�--- z � W � 4 C C \ � C a . a / n � C s, � J � � �, \ � `e w � o a l F c z 0 a! 0 z w � � /o: . � o J" a � _�� 7 RESOLUTION N0. - i980 RESOLUTION DETERMINING THE NECESSI7Y FOR AND AllTHORIZING THE ACQUISITION OF CERTAIN PROPERTY BY PROCEEDINGS IN EMINENT DOMAIN WHEREAS, THE City Council has heretofore determined that the City of Fridley should acquire certain properties for street and utility easements. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA, AS FOLLOWS: 1. Acquisition by the City o` the following described properiy is necessary for the purpose of street and utility easements: A. A fifteen foot (15') Street and Utility Easement described as follows: That part of Block 14, and that part of the vacated 62nd Way, Fridley Park, described as follows: 8eginning at the point of intersection of the westerly line of Block 14, Fridley Park and the easterly extensa-on-of the north iine of 64th Way: thence east along the saia extended north line a distance af fifteen feet (15'); thenee sautherly along a line parallel with and fifteen feet (75') east �f the westerly line of said Block 14 to its point of in�ersection with the soutY�� line of 52nd Way extended easterly; thence west along said extended south line to the rr�esterly line of said S1ock 14; thence northerly aiong said westerly line of Block 14 to the point of beginning. B. A twenty foot (20') Street and Utility Easement described as follaws: Beginn�ng at the northwest corner of Lat 2, Block�l, Ostman's Third Addition; ihence east along the north line of said Lot 2 a distance of twenty feet (20')'; thence south along a line parallel vuith and twenty feet (20') east of the west line of said Lot 2 to the south line of said Lot 2; thence west along said south line to the southwest corner of said Lot 2; thence north alorg the west line of said Lot 2 to the point of beginning. 2. The city attorney is authorized and directed on behalf of the city to acquire the real estate above described through negotiations with the owners or if agreement cannot be reached through negotiation to exercise the power of eminent domain pursuant to Minnesota Statutes, Chapter 117, and is specifically authorized to notify the owners of intent to take possession pursuant to Minnesota Statutes, Section 117.042. The city attorney is further authorized to take all actions necessary and desirable to carry out the purposes of this resolution. Page 2--RESOLUTION N0. - 1980 PASSED ANO ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS OF , 1980. ATTEST; ITY CLERK - MARVIN C. BRUNSELL ILLIAM J. NEE - MAYOR �� , . � .�� - �� A. A fifteen foot (15') Street and Utility Easement described as follows: . That part of Block 14, and that part of the vacated 62nd Way, fridley Park, described as follows: Beginning at the point of intersection of the westerly line of Block 14, Fridley Park and the easterly extension of the north line of 64th Way: thence east along the said extended north line a distance of fifteen feet (15');.thence southerly along a line parallel with and fifteen feet �15') east of the westerly line of said Block 14 to its point of intersection with the south line of 62nd Way extended easterly; thence west along saia extended south line to the westerly line of said Block 14; thence norther- ly along said westerly line of B1ock 14 to the point of beginning. B. A twenty foot (20') Street and Uti1ity Easement described as follows: Beginning at the northwest corner of Lot 2, Block 1, Ostman's Third Addition; thence east along the north line of said Lot 2 a distance of twenty feet (20'); thence south along a line paral- lel with and twenty feet (20') east of the west line of said Lot 2 to the south line of said Lot 2; thence west aiong said south line to the southwest corner of said Lot 2; thence north along the west line of said Lot 2 to the point of beginning. 7� � �. � ^ ".J��ll.:�+�` � �; :� l csJ .. '1 � �80, ;.�.� � � � � . . '�», ...,:�.�985 �� ^ �} \ -i�t..ri-- • � � s-i�I 'K. � lo.ae','1 ��t �iL � � � � 3 3 `^ � ; `�,. ' .�,. �;��° ;a �. �. i - ` ��"� � ` -�� t�43 ,,,; ,��,� . , � � .:�--�- �; � � 1 I , � .� � '~ •� � (,431-3� L9 �i. ba3ow o .� . � cG �� `� -�4�_—_ �_.. ;.��_- . �SS�ss�� 7 C ,�f ,�,.�..�. � �„ �ry�'„r��,,�,r,f,�,�,.a,o��; ��1� �,� �n�a'''� ! n�,t �/?t��j, � c _ s. - // „ Vi a � �'� `i u '` )� /tt: �! �. iLk, /JO. 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M I V " RESOLUTION N0: - 1980 r` RESOLUTION REQUESTING THE POSTING OF "NO PARKING" SIGNS ON ARTHUR STREET (MSAS 336) BETWEEN MISSISSIPPI STREET AND CAMELOT LANE WHEREAS, Arthur Street between Mississippi Street and Camelot Lane is a below standard width Minnesota State Aid Street, which results in traffic flow problems, and WHEREAS, the traffic prablems are caused by motorists parking on both sides of Arthur Street, and WHEREAS, Arthur Street is presently thirty-two feet (32') wide, and the Minnesota Department of Transportation requires a mi- nimum thirty-six foot (36') width for State Aid qualification where parking is permitted, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the City is hereby authorized to post "l�0 PARKING" �. signs on both sides of Arthur Street between Mississippi Street and Camelot Lane. AQOPTED BY THE COUNCIL OF TNE CITY OF FRIDLEY THIS DAY OF , 19800 ATTEST: CITY CLERK - Marvin Co Brunsell MAYOR - William J, Nee . ��,'� 8 A �NNESOT ' � �y �1ic�rles�ta � �o� : ... o , .:;' .e . � � De��rtment c�f Z'r�ans��ortation �� Tr�nsport��tion L�uilc�icl�; �Fy� '� Q° St. Paul, Minnesoia 55155 . �� TOF Tt�P� . . � Phone 296-3014 January 23, 1979 � Richard N. Sobiech � Fridley Public Works Director . 6431 University Avenue N.E. - � �'xidley, Minnesota 5�432 . . In reply refer to: 608 � � S.A.P. 127-302-07 � S.A.P. 127-302-08. � S.A.P. 127-309-06 � S.A.P. 127-33�-_02 S.A.P. 127-334--03 • . - S.A. F. 127-336--03 CITY OF FRIDLEY Dear Mr. Sobiech:' � . We are sending to you under separate cover two�sets of prints and the original plan for the above referenced project. This plan has been approved and you �re now authorized to ad- vance the status of this project. AppravaZ of S.A.P. 127-336-01 is conCingent uQon the receipt in this office of a No Parking resolution for this street. Sincerely, - � � �J� V, ^ � Delvert D. Oftedahl State Aid Plans & Spec. Engineer CGi Wm. M. Crawford - C. E. Weichselbaum : File - 420 � DDO:dc An F,q��ol Opport�uiity Ernployer � 3, ' DEPARTMENT OF PUBLIC WORKS PERRY D. SMiTH, P.E. CITY ENGINEER—DIRECTOR MiNNEAPOLIS, MINNESOTA 554�5 JAMES H. LIND - DEPUTY CI7Y ENGINEER M. E. ENQUIST � DtRECTOR, STREETS 8 SAN. J. F. HAYEK - DIRECTOR, WATER WORKS M. A. HOSHAW - DIRECTOR, ENGRG. DESIGN 0. R. KOSKI • DIRECTOR, TRAFFIC ENGRC. M. J. KROENING • DIR£CTOR, GfN. SERVICES A. E. MAOISON • MANAGER, FINANCE L. E. LaLONDE - DIRECTOR, ADMINISTRATION W. G. RIDGE - DIftECTOR, OPERATIONS T. B. SAD4ER - SUPERINTENDENT, EQUIPMENT Mr. Jerrold L. Baardman City Planner Fridley City Hall 6431 University Avenue N.E. Fridley, Minnesota 55432 Dear Mr. Boardman: mrnn�a�olis p �o� 0� Da�� Minneapolis Water Works 4300 Marshall Street N.E. Minneapolis, Minnesota 55421 January 24, 1980 Enclosed are copies ot our introductory letter to your Public Works Director and forms W-54 and W-221. Please complete form W-221 and submit it to the State Department of Natural Resources. If you have any questions, please contact me at 788-9033. JRW:gmp t � �: ;.__ � , k. �;'.."3 �s' . . � � � _. ` ��#�, � � :..:� Very trul.y yours, ;��-�. Jay R. Whitaker Engineer TI � . �� ' < . �� F" " ' .... ......... — _...... �. . " .. .. . . . . ... . . . .. ti • . .., _;+�a _ _ . ? >,. 2 I � � ' H.QFtA1.OPI'ON'fUNlTY EM1iPLO'e'F:R ' — � i� � � � � __' .G. � � � ,_� �� <.�� =-�= �kZf�� IFt � 1 r.Vt �.�_,5��< �� . F r 1�`.Y �...� �..�t-�..� } n�r� �.._.�_li`_. �-rx .'� ��_yV�� `n,`w° '��r � �ta� . � � •�,:� .: e � ^ �_w:"' ..;1 e j�': ?.V =_��_-- ..d'. J ... ,;: ^ ^ _ _. ,'<j —_— , . ... '�� ._-�r� - ,� � .�'! ,�' ^.,u, � _ r ,t;� � + � . ..... �._.. .�.,.�......._,,. . ,. ,.�K �. ... .. _ _�,, . . ._ . , • . .: , �, . . . .. . . . _ ..:_ .. .. _ . . . .. ,, . __ ._ __ ._ __._. . . . _ _. . ... _ .. ..�.._..._ . _.._. , . . . _ _._.. _. .---� � , ' � „"'pF MlNp . � ' . � ' � �,\�� ♦°�er F4�, ' . � • ,� l�.;��L r�* 6 s t�^ � � • _ • � l�� Ca� �f��,��,'�� 1'��_� �...�:��7��:' `�,� (�il�' . . . � �'j_ �,:l,A � - � ,a . . �p�.[D IUHC S�� DEPARTMENT OF PUBLIC WORKS CLAYTON A. SORENSON, P.E. • CITY ENGINEER — DIRECTOR MINNEAPOLIS, MINNESOTA 55415 Minneapolis Water Works � City Hall, Room 221 Minneapolis, MN 55415 .t . :_: _..� :, 9 A . E. A. BABCOCK — DIRECTON, GEN. SERVICES � W. F. ELUS — tdANAGER, FINqNCE ' M. E. EYQUIST — DIRF.C70R, STREETS K SAN. - J. F. HAYEK — OIi2fCTOR, V/ATER WORKS �� O. R. KOSK� — DIRECTOR. SRAFFIC ENGRG � . L E. laIONDE — DIRECTOR, ADMINISTRATION W. G. RIDGF � DIRFCTOR. OPERATIONS T. [i. SADLER —SUPERtNTEP�D[NT, EQUIPMENT. � P. D. SM�TH —DIREGTOR, ENGRG. DESIGN November 1, 1978 Richard Sobiech Public Works Director City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 Dear Mr. Sobiech: . Enclosed are copies of the Minnesota Department of.Natural Resources permit forms W-54 and W-221, along with the rel.ated drawings. Form W-5� makes application for the p3acement of natural rock riprap along our shoreline of the Mississippi River and form W-221 is to b� completEd by the City of Fridley. Please review the permit application and submit your comments to the Department of Natural Resources at your earliest convenience. If you have any questions, please contact us. � � •' Very truly yours, , , . � '� � , . JFH:jesc Enclosure I ,�ytj{.>��.� i�'.+ � 'Ip :,':r 0 ': ' i' �r� ,,`,+•�} , ' � • • � � Jim F. Hayek Director, Water Works � �r � � 6 • w-- .� . � a ! �r�i �.;i � ��;` , : '� , .ii , jt. .,�; �f. ♦ 1 1 � ��, ' .L�.A�7 f �11-.�..�a�,�� p . . . . . _. ,. .�. _. . . T...... - , T. . , '. .. . . . . . , . , ' 9B �,,. '�A W- 54 . �TATE OF MINNESOTA Rev. 74 DEPARTr�hif af NATURAL RESOURCES APPLICATION FOF PERMIT TO WQRK IN PUBLIC WATE2S City Of Minneapolis, Water Dept. , the owner of land in Government lot(s) 2 , (pmnt or type applzcant s name) . quarter section(s� �-�'4 , section(s) ^;4 , township no. (s) 30?`I , range(s) 24t1T , Project Address: 4300 r�arshall St.. 1+IE , Fridle ^4N 5542I . fare no., box no. or a ress) ( ot, oc & su avzszon Mailing Address: City Iiall, Rr�z 22a:, '�ipls., N�7 55415 county(ies) Arioka , which is ri�arian to 1_'n].SS�.SSl i River • ncane o a e or strecan applies pursuant to Minnesota Statutes Chapter 105 and other applicable statutes for a permit to work in the pubiic water(s) named above, in accordance wit'z all data, maps, plans, and other information submitted herewith and made a part hereof. PROPOSAL IT IS PROPOSED T0: Q excavate, � fill, [gJ construct, Q remove, (check) Q install, Q abando;i, or Q other(specify) _ THE FOLLOWING: Q dam, �] shore-protectio�i, �J shoreline, ,_] harbor, � channel, Q bridge, (eheek) � culvert, Q wharf, Q obstruction, or Q other(speeify) I :NSTIFICATION ' Explain why this project is needed: 'Bank erosion from the river's current & surface runoft are eroding the river � �.ndermining the security fence whic'� encorapasses �he plant grounds.If left tulehecke. the fence will be destro_yed & eventually the Fridle_y Softeninq Plant parking lot ca� �e undermined. ENVIRONMENTAL IMPACT 1. Anticipated changes in water and related land resources: None 2. Unavoidable but anticipated detrimental effects: Approximately 25 trees along t�e shoreline will have to be cut down to allow the rip rap to be piaced. 3. Alterr.atives to the action proposed: 1. Doing nothing - Security fence tvill be destroyed & the parking lot will eventual.ly be undermined. 2. Sheet Piling - too expensive & unsightly. Not recoznmended by the DNR. 3. Rip rap placed fram barge-too e�:pensive & not feasibZe due to lack o� dredged channel.Also 2 lasge watermains PR03ECT SITE DATA CZ'OSS �he river just south of P. S. � These mains rest on the river bottom & allow only 5'-8" of depth at a��al , 1. Describe the type and amount of aquatic vegetation present: T�JOO�. elevation. I None 2. Describe the nature of the material beneath the water: Fine sand & gravel with some silt & clay. : 3. Describe the nature of the upland area: Upland area is a lawn maintained by the ��ater Wor7:�. Soi1 is mostly a sandy loam & partially wooded with hardtaoods. 4. Describe type and amonnt of ncarby shorcland development:g�31C1�'S the other Water Works bL111.C�— inc�s, there are 2 private homes located 0.G & 1.2 miles north of the proposed rip d rap area (F2�iC �rop�rty) .There is no develapm�:n� ta tlie s�uth t� an .apartment cor�plex S. ENCI.OSE SKETCtI UESCRIBING WATER LEVF(. FLUC'PUATIONS.aCI'OSS the I'1V@X. 1 (see in3tructions) ATTACti F:XTRA SHEF.TS It� NECESSARY � (continued or: reverse sz:del i �. � � CONSTRUCTT�N DATA (alao attaeh aketch or drea,ringJ Channelling Sxisting Proposed Altezations along shore ��«-s4� 9 C Proposed '' 1' Total length (feet) - - - - - - - 6 5 0 ' Distance along shore (feet)- - - - - - Length in lake/stream (feet)- - - , �' Bottom width (feet) - - - - - - - Distance waterward (feet)- - - - - - - 2 � Side slopes (ratio) - - - - - - - �' Thickness of fill material (feet)- - - Average depth (feet)- - - - - - - Gradient (x)- - - - - - - - - - - Depth of excavation (feet) - - - - - - + 1. Describe type of excavation equipment to be used, if known: 2. Describe location (inelude map) and characteristics of spoil disposal site proposed: 3. Would maintenance excavation be necessary? (check) C.7 YES j� NO Explain:_ 4. Volume of material to be removed initially (cubic yards): Muck or silt," Sand or gravel Rock or stone � ATTACFA�NTS �$15.00 filing fee, [J photographs, Q other (specify) Applicant declares that information submitted herewith and statements made herein are a true and correct representation of the facts, and that the filing of this app.lication and information with the Commissioner of Natural Resources is prima facie evidence of the correctness thereof. COI�LETE APPLICATION SUBMITTED T0: il) Citv of Fri 'Iey Nmrre of city or tozunslrap 6431 University Ave. N.E. street & post affzce �Z� P7one Name of r�aters istrzet (3) Shoreland Management Administrator of Anoka County State of Minnesota County of on this day of Dated.this day of 19 Signed (¢pplicant) Zeasee) Address City Ha11 � ROOIl7 2��. �;�ty Minneapolis State � Zip code 55415 ) ss. AFFIDAVIT Phone 19 before me personnally appeared who being first duly sworn and to me known to be the person who executed the foregoing application. acknowledge(s) that executed the same as own free act and deed and that the statements, maps, plans, documents, and other supporting data are true and correct according to best knowledge and belief. Notary Public County ' My cohunission expires 19 W-22!„ . • Rev. 74 ' STATE OF MINNESOTA DEPAR'I'i�NT of NATURAL RESOURCES NOTIFICATION OF PERMIT APPLICATION INSTRUCTIOI3S FOR THE APPLICANT • � Minnesota Statutes, Section 105.44, Subdivision 1, requires you to supply a complete copy and all supporting data of your water permit application to the following: A) The chief executive officer of the city or township within which the project is located. B) The secretary of the Board of Managers af the watershed district, if any, within which your project is located or which your project may affect. . You MUST certify having served the complete application on the above in the box on the back side of the application form W-54. , IN ADDITION, if your project is NOT located in a city, a complete copy and all supporting data of the application should be submitted to the Administrator of the Shoreland Manage- ment Program for the affected county. Complete this form for each notice served on a local government official. � * * * * * * * * * * * * * * * * * * * * * * * � * : * * * * * SECTION I(TO BE COMPLETED BY APPLIC,41uT,� ___.-- T0: A) Chief executive oificer of the (eheek) � city, � township of �'ric:l�y, ?'innesot�t (prYcnt ar t�pe name) B) Secretary of the board of managers of the watershed district. (print or �z�pe name) C) Administrator of the shoreland management program of �oka county. (prz;�t or t�pe nameJ City of:Minneapo�is, t,Tat�r Dept. FROM: City Hall, Rm 221, i4pls. , tff� 55415 �a�e: 19 prznt or t�pe name ana ress of app Zcant * * * * * * * * * * * * * * * * * ,� * * * * * * * * * * * * * INSTRUC!'IONS FOR THE LOCAL GOVERNb'IENT This report from provides you an opportunity to subm;t input to the Department of Natural Resources to assist in deciding whether to grant, modify, or deny the requested permit. It is NOT absolutely necessary for local agencies to officially approve or disapprove the project or make any recommendation, although this may be done if desired. It is requested that local agencies indicate the following, as applicable: A. The relationship of the proposed project to local plans for the affected water and rel.ated land. B. The relat�onship of the project to local land use controls including flood plain and/or shoreland regulations. (eontircued on reverse side) m �� Z� _ U Y aao , � \ ^ I ' . � ( �I � O� (O (V � ol a� 0 v W) � � O 3IS XI a � I- a o+ �N a W. �z - Y Y �' U V O= � �H � W JW aZ ' Q U' � V �A �� a= �n r- w �f- W za �W z � �a V N � U W = : °a�w z -� � Y W a U � � Q W = ��Q ~ . W ia . \ o� ZW N Q ,�� a' � N � tl ►� rn oI � m � :� o U J w O � O � a U � m � � J r Q J T � 3 z , O 7_ O �I Z O �--- U � W (J} �II a V � >- F— J W � W J W N z a W � _ � � a O � W W � LL O W J Q u N �- jgF I . , ,, , _ ,. ,, PLAN � . , •. � ,. ,. SCALE OF FEET STA. B tOO ' ` �` 100 7S SO 25 � t O �� .` � � � � � � �� 1 "CS � � N , �, C 7+�� , �,� � . � �` `, i� IL' t►1 > � a n. � � � � � ISI.AND I' �I 3 0 � � z w w 5+ v — a J a a a � a � o q+ Q� w � Q + � �� • �� . .� �� 7� PUMP N0. PA i� �` c s. � '� C '� � :� t; 2+00 STA. I +50 .; SEA WALL PURPOSE: PREVENT FURTHER SHpRELINE EROSION DATUM: MEAN SEA LEVEL . ` .�_9 G ^R �—A- p _ NOTE: TOTAL FILL AND RIPRAP EQUALS 5700 C.Y. SAND —1300 C.Y. GRAVEL — 500 C.Y. CONCRETE RIPRAP-1500 C.Y. ROCK RIPRAP � — 2400 C.Y. ALL MATERIQL WILL B!� PLACED WITH A CRANE FROM THE ROAD OR PARK{NG LOT AT TNE TOP OF THE BANK. � � ;- . .:, . ; . • � . , , ; -.�.....-,.._ . _., . � : � � : � . . . , . . : �. g �; � N � -�-�� ' � / � � � . . � " . : ' I694 � ' VICINITY MAP � � / � � �� 0 ; � . . �� 4 a • •. • � } . ' � � ' . h� � •. F.M.C. � . . + . y0 w ORDNANCE r PLANT ,, i AREA : • : : ' r o � � FRiDLEY � ' ,` � . V � , COLUMBIA HEfGHTS � ; z i . F.MC. � . .. Property . _ . ��ne � � `' ' . �� 1 , . . _. I . � 1 • RNERDALE MANO � � OWNED BY: i Q� RIPF7A� ' MIDWESTERN� • DEVELOPER � • ��3 � � MINNEAPOLIS WATER WORKS � PROPERTY L{NES AND ., � M.w.w., � ADJACENT PROPERTY OWNERS LAT. 45°2� 30" N. t t _ � �UDGE � r, � BEDS � SCALE OF FEET ^ t i 00 3 METftO. � WASTE ' CONTROL M � CQMM. i� (2) F. _ _ _ e o P� . m � ,�C� � ' ^� � o MlNNEAPOLIS J \ , 0 ii LINE R.R. 0 SEC. 34 � 12 TWP. 30 8 If8 RGE. 24 a 21 COUN7Y ANOKA d HENNEPIN SEC. COR 12 - ►Ii� . SEC.12 T.118 R.21 � — . 3 � S .34 T.30 R.24 . } i/4 C R. � HENNEPIN COUNTY - I�._g I SEC. 27 34 1/4 OR 35 - ANOKA COUNTY � � � :a . � . SEC. COR. � U � F4 13 � SEC.f3 T, ii8 R.21 SE 14 13 3 SEC.13 T.118 R.21 ' SEC.3 T.29 R.24 � MPLS. ' i FILTER � PLANT � � � � MPlS. PUMp 5T.�6 ' � SOFF. PLT. � � —�- K :. 43ra N E. w 1 O C ' � i 48TH 4�j MPLS. � Y � PUMP � a `o a 48 th td. N Q� S TA � 5 a ° LL � a v+ o a z v_+ u tn 471� N. t� a/ � y � z �Up m .; > y BEDS � MAP OF � o asrn N. '" o y, � MINNEAPOI.IS � seo W y � � > all � a SCALE OF FEET --• � 2 t � __ i000 o �000 z000 300o GENERAL AREA OF _ 4 a _ MPLS. TY UMITS RIPRAP PLACEMENT Z 0 ��Ih � 42nQ N. _ .__ - � � 41st N. M. ST. .& S.S.M. R.R. - ++a .»yk—.� \ 4' " I! 9 ` � io I �>' - - �.� CITY OF FRIDLEY i�IEMO RANDUM • T0: NASIM QURESHZ, CITY MANAGER FROM: GORDON MIDDAG, PURCHASING AGENT RALPH VOLKA9AN, PUBLIC WORKS SUPERINTENDE:�T'I' SUBJECT: BID OPENING AND ACCEPTANCE OF FIVE tiY00D S�ORAGB BINS MATERIAL ONLY � DATE: JANUARY 31, 1980 . � The Bids for Five Wood Storage Bins Material Only were received on January 25, 1980 at 11:30 a.m. You will find attached a summary � of the bid results. I� The low bidder is Stewart Lumber Company, which bid an amotmt af ', ' i $7,255.84 for Five Wood Storage Bins. They bid an amount of $1,385.36 _ for material only for each additional bin. ' It is oux recommendation to accept and award the bid to Stewart � '� Lumber Company. /mz � attach. 0 � � .' � 7 � 7 W H d l77 O � C7 � O v r n 0 � � t7 v n x 9 c7 d H � H � z D r � H z d � m a � r� � r H C tss � -G 4 � C H `�C N H � �� H v � o � o -� � b o rn zy z� � H H � � b *' [77 W K O a :3 �� r-� < I `�' � �O 0 0 � � 0 � � CT] Co ►-� z � r� � t~'.. Q �C": C� :.f � ►i N � � p7 U �i ri � O � � . F+• C. n• 7C" (_�. C:. . �.i 4 I / '� �' � l- _ � 4'. �• �- DATE SUBJECT i �: � �r� _ � • i.. s t �ft � � i� � f � i +�k � �f� . Co#y of Frld��y � , January 31, 1980 Chuck Boudreau Sid Re"sults for Industrial Type Tractor �� `� S,' i :�, _`: 4 �! Citv Mana � �_. On January 25, 1980, the Purchasing Departmen� opened sealed bids for one industrial type tractor. This replaces a 1970 LOG Ford model tractor now being utilized in the Park Divisiono 8ecause ihis equipment is used year-round for snow removal in the winter and grass and weed mowing in the summer, it is im�erative that our tractor be in good operatinc� condition at all times. The 1970 model has reached a point of undependability with reoccurring breakdowns causing us considerable 'down' timeo After carefully reviewing the bid sheet as received, I would like to recommend the following: � A� Council reject the bids because of a limited number. of bidders and the seemingly excessive price increase over telephone quotes given ta the park supervisor in October of 1979. B) A new resolution be passed asking for bids on the same industrial type tractor. The rebids wauld call � for modifications on th� bid form aimed a+ reducing the City's cost. These modifications would be in the form of bidding the accessories as individual units and also asking for a trade-in optiono We believe calling for itemized bids will allow us the flexibility to accept any or all of the total package, thus attempting to stay in line with our approved budget. If you have any questions, please feel free to contact mev CABlja I i! � I1 0 � RESOLUTION N0. A RESOLUTION TO ADVERTISE FOR BIDS FOR INOUSTRIAL TYPE TRACTQR 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 items or materials. - INDUSTRIAL TYPE TRACTOR 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 ihe City of �'ridley on the 25th day of February, i980. The City Manager is directed and authorized to advertise for the purchase of said items and materials b,� sealed bi� proposals under notice as provided by law and the Charter of the City of Frid7ey, the noiice ta be su5stantially in form as that shown by Exhibit "A" attached hereto and made a part of by reference. Said notice shall be published at least twice in ihe offieial newspaper of the City of Fridley. • PASSED AND ADOPTED BY THE CITY COUPJCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1980. ATTEST: ITY CLERK - f�1ARVIiV C. BRtiNSE:.L 0 IILIAM J. NEE - MAYOR 0 11 A . , CITY OF FRIOLEY BID NOTICE for INDUSTRIAL TYPE TRACTOR FXNIBIT "A" The City Council of the City of Fridley, Minnesota will accept sealed bids for an Industrial Type 7ractor on the 25th of February, 1980, until 1:30 P.M. on said date at the Fridley City Hall, 6431 University Avenue N.E., Fridley, Minnesota 55432 (telephone: 571-3450). Ail bids must meet the minimum requirements of the specifications. Failure to comply with this section can result in disqualificatians of the bid. Each bid shall be accompanied by a Certified Check, Cas'hier's Check, Cash or Bid 8ond and made payable �Nithout conditions to the City of Fridley, Minnesota, in an amount of not less than five percent (5/� of the bid, which check, cash, or bond shall be forfeited if bidder neglects or refuses to enter into contract, after his bi� has been accepted. � The City reserves the right to accept the bid which is determined to be in the best interests of ihe City. The City reserves the right to reject any and all bids and waive any informalities or technicalities in any bid received without expianation. The City Council also reserves the right to consider such factors as time of delivery or performance, experien�e, responsibility of the bidder, past performance, of similar types of items or materials, avaiiabil-:ty of products and other similar factors thai it may determine to be in tne 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 markea on the outside with INDUSTRIAL TYPE TRACTOR. Publish: Fridley Sun February 13, 1980 February 20, 1980 iVasim Qureshi City Manager e 11 B �� ,: 0 � 0 � � : �, � � � � � n N i-� U'1 p � � N +-� ° o � o� � � O tri 'z! z� � 1-t H 7 p � �r tn W K O �u � 0 ii c I I N z iv C �cn � � H > r -g �C b C:7 � � � t'] a 0 � � N• i�+ 0 b � � � K � � L�i K �-i ' a N � ►-'• C� n • �" �C' � 1-' • a a w 00 .� r � ; .� � - �< 12 * � Main Office 571•6066 r'� � UBURBAN � 6875 Highway No. 65 N. E. ��❑ NQIHEERIlMtai Minneapolis, Minnesota 55432 � INC ' � South Office 890-6510 ��'6 � a Civil, Municipal & Environmental Engineering 1101 Cliff Road Land Surueying • Land Pianning • Soil Testing Burnsville, Minnesota 55337 � " Oec. 20, 1979 Nasim Qureshi City of Fridley 643] University Ave. NE Fridley, MN 55432 Re: Fridley Pro,ject No. 127 Change-Order No. 1 Dear Nasim:. Attached is Change Order No. 1 for additional time and materials required to install 10-inch water main across 73rd Street at Commerce lane. Concrete previously placed below the 60-inch storm sewer in 73rd Street prevented installation of the watermain ur.der the storm sewer as shown on the plans. We recommended and the City Engineer approved installation of the watermain over the storm sewer wiih 3-inch thicic insulation above and b�1aw the pipe. This work performed on July 10, 1979, was witnessed by our inspector and the City. We feel the amoun�t of additional tsme and materials ciaimed by Kenko, Inc. is correct and recommend addition of $T,110.00 to the con- tract as specified in Change Order lVo. 1. If you have ar�y questions, please ca11. WJB/cls Encl. Sincerely, SUBURBAN ENGINEERING, INC. �2l%�;�9�a.m � . William J. Brezinsky, P.E. � Roberf 6linder, R�g, E'ng. E.A. Rnfhbtui. R��g. Surv. Wrn. E. Prire, Rrg. Eng Gnry R. Hurris, Reg. Suru. Pe1er J. Molinaro, Re�y. Eny. Wm. E. Jensen. Reg. Eng. Wifliam J. BrezinskY, Reg. Eng. H. Witliam Rogers, Reg. Surv. Bruce A. Pufirson. Rey. Eng. Rot�erf £. Lund, K��y. Eny. Thomas F. Donuhue, Rcg. Eng. - �.-.� . � ' Main OHic� S7! .6oe 12 :; � U�U/��M • 6875 H��hway No. 65 N. I_. - �Q ��N�g�R�N� M��neapol�s, Minnetota 55432 t�G , a South C7ftice �94•b510 .� Cfuit & Municipat Engineering • Soit Te�ting i101 Cliff Rood . Land Surueying • Land PlanninQ Bu�nsvill�, Minnesota 5533T � �' CHANGE ORDER NO. 1 DATE December 20 , 1979 PROJECT NAME Frid1ey Improvement Project No. 127 LOCATION � • Commerce Lane and 73rd Street - Fridley, Minnesota OWNER Gi�y of Fri dl ey f�`�1 Uni vers i tv Ave . NE ., Fri dl e_y, MN 55432 CONTRACTOR �Kenko. Inc. $275 Central /1ve. NC, Spring Lake.Park, htN 55432 �TYPE OF WORK Intt��ll 7f]" watnry�in nv�r f,(l" RFP stornt sewer � �'� AMOUNT OF ORIGINAL CONTRACT ��Q, 56� _ �' �� DESCRZPTION OF WORK TO BE A.DDED 4R DELETED: � _; , . ,..., _ _ tem No. Conttact Item 1. 2. Additional crew time 3" Rigid Insulation 3.�� Retalner glands Unit Cont Unit Price Quan[ity Nrs. 270.00 . 0 s.y. 1.00 0 £a. { 12.40 { 0 iunt uan 0 3 0 192 0 9 TOTAL AMOUNT - - - - � 0 .� � bv C.p. �maunt �8��.04 $192.00 $i08.00 $1,110.00 Funds Encumbered to Date (from Contract ar C.O.# ) $�60.S�R_(l2 __ Difference between Contract Am't.& C.O.Am't. (Add or Deduct) 1.110.00 Total Funds Encumberec3 per �his C.O. $3f1 _F7f3.02 _— bove additlonal (or deleted) work to oe performeci (or deleted) under same conditions as speciiie:: n origlnal Con[ract unless btherwise sCipulated herein. , pproved: i�laf/7a � Project Engineer �ate �� G 7� ' r''_" L� 4 � Dete � e hereby agree to furnish labor and materials complete in accardance with the ahove Specificatio�� c the above stated price. , � �proved: � D8t6 (iwnar -_. __ . - ._. . I ` OTE: This Revisioa becnmea part of and in conformance with the exieting contract. _ _ _ __.. .__...._. ..._ ___ .. _ _--_. _ � � FQR CONCURRENCE BY THE CITY COUNCIL - APPOI�JTP��E�JTS F�BRUARY 4. �,�t�Q---- -___ ' NAME Connie L. LeVang 6700 53rd Ave. �do. Brooklyn Park, 55428 EFFECTIVE POSITION SALARY DATE REPLACES Police Officer $1138 Feb. 4, Neil Duncan Month 1980 Barbara Z. Hutchinson Police Technician $942 Feb. 4, lori Anderson 8049 Madison St. f�I.E. Month 7980 Spring Lake Pk. 55432 � 0 Dennis Tkach Crime Prevention $907 Feb. 4, New Position 4053 Van Buren S1:. Specia7ist P9onth 1980 Funded by Federal/ Columbia Heighis, 55421 State Grant Elizabeth A. Haglin Crime Prevention $875 Feb. 4, New Position 5645 Wentworth Ave. S. Specialist 1�onth 1980 Funded by FederalJ Minneapolis, 55419 ' State Grant 0 � � FOR CONCURRENCE BY THE CITY COUNCIL t �(Ajr�C FEERl1ARY 4, 198� � 0 CLAI� r�U^iBE�S 01577E - �J31938 r . � ` 14 _ � . ._.. .� . ........ .. . .........�..�...r... . �. .�.�.....�...�_.��.�...�...��.�.��..��.�::.�; .��' . :�r� .. _.�.� ..��..�.-�.. � U � � FOR CONCURRENCE 8Y THE C1TY COUNCII - LI(�`�SES February 4, 198Q � Type of License: By_ Approved By: , Fee: � ,---- . � Billiards � . University Station Jubilee Music Co. James P. Hill � $40.00 . 7610 University Ave.N.E. Thomas Suggs Public Safety Director �. • Fridley, Mn. 55432 � . � '. Food Establishment � � , • '. � � Nuelook Services Inc. � John Melich Steven J. 07son �� 8255 E River Rd. - Health Inspector �.��8.76 � Fridley, Mn. 55432 :. � " . Vending Machine . � Nuelook Services Inc.� John Melich Steven J. Olson $15.00 8255 E. River Rd. �� . Health Inspector Fridley, Mn. 55432 � . . . - `�- � � � . . �� r� �� '�;/ / � .� nn�nnoRA►t�c��.ann 16 � � CITY OF DATE FEBRUARY 1 , 1980 ,. : � : �_ � ; � � "�. FROM h1/�RV i N C. BRUNSELL suB�EC-r MASTER LABOR AGREEMENT BETWEEP� THE CITY OF FRIDLEY AND INTERNATIONAL UNION OF OPERATION ENGINEERS, LOCAL N0. 4g �-,..$ �q �. MiNNESOTA �i� CITY MANAGER AND COUNCIL ACT IINFO The attached master labor agreement with Local 4g covers the years 1Q80 and )p81. For the years ]980 and 1g81, the contract has been separated into distinct sections. One section deals with master contract language which has been negotiated on an areawide basis. The other section will deal with local issues. The master contract lan9uage has been agreed to by representat�ves of the City Managers Association negotiating on behalf of the City and by representatives of Local 49. Other than some minor language changes, the major changes in the master contract deal wiCh an increase in the contribution for hospitalization insurance for the year 1980, and wages. The group insurance contrib�tion will be increased to $85 per month compared to S72 per month in i�79. The pay rate for heavy equipment operator will increase from $7.g5 paid in 197G to $8.57 in 1a80. The pay for a light equipment operator wili increase from the $7.50 paid in 197g to 58.12 in 19$0. The pay increases average 7.8 percent for a heavy equipment operator and 8.2 percent for a light equipment operator. The pay raise equats $.62 per hour for these classifications. The hourly pay rate and the hos�italization contribution will be negotiated for the year 19$1 at a later date, All other aspects of the master contract will remain intact for the year lg8i. MCB:c , � � � . � MASTER LABOR AGREEb1ENT � � . BETti+]EEN � , METROPOLIT�IV AREA MANAGEi!�NT ASSOCIATION (MAMA) .. REPRESENTING THE CITIES OF: BLAINE EDEN PRAIRIE I�EI9 HOPE BROOKLYN CENTER EDINA RICHFIELD BROOKLYN PARK FRIDLEY _ ROBBII�?SDALE � BURNSVILLE GOLDEN VALLEY ROSEVILLE CIRCLE PI\tES . HOPKINS S1. �1Iv1^HONY COLUMBIA HEIGHTS MINNETON?�: ST. LOUIS PARK � CRYSTAL ' MOUNDS VIEW WHITE BEAR LAKE � AND . . . INTERNATIONA.L UNION OF OP�,RATING ENGINEERS, LOCAL NO. 49, ' AFL—CIO . ' � January l, 1980 - December 31, 1981 _ Q � 16 �1 I . ; .' � j � I ,■ � � TABLE OF CONTENT5 . -ARTI CLE ' � PAGE I PURPOSE OF AGREEP�IENT . . . e . . . . . . . 1 . II RECOGNITION . . e . . . . . . . . . . . . • 2 IiI UNION SECURITY . . . . . . . . .". . . . . 2 • IV EMPLOYER SECURITY . . . . . . . .�. . . . . 3. V EMPLOYER AUTHORITY . . . . . . . . . . . . 3 VI EMPLOYEE RIGHTS—GRIEVANCE PROCEDURE .... 3 VIIDEFINITIONS . . . . . . . . . ". . . . . . . 9 VIII SAVINGS CLAUSE . . . . . . . . . . . . . . 10 � IX WQRK SCHEDULES . . o . . . . . . . 10 X OVERTIME PAY . . . . e . . . . . . . : . . 11 XI CALL.BAC� . . . . . . . . . . . . . . 12 XII LEGAL DEFENSE . . . . . . . . . . . . . . . 12 X�II RZGHT OF SUBCONTRACT . . . . . . . . . . . 12 . . XIV DISCIPLINE . . . . . . . . . . . . . . . . 13 XV SENIORITY . . . . . . . . . . . . . . . . . 13 XVZ PROBATIDNARY PERIODS . . . . . . . . . . . 13 XVII SAFETY . . . . . . . . . . . . . . . o . . 14 XVIII JUB POSTING . . . . . . . . . . . . . . . . 14 � _ XIX INSURI�NCE . . . . . . . . . . . . . . . 14 . XX HQLIDAYS . . . . . . . . . . . . . . . 15 XXI SCOPE OF AGREEMENTS . . . . . . . . . . . . 15 XXII � WORKING OUT �F CLASSIFICATION . . . . . . . I5 XXIII WAIVER . . . . . . . . . . . . . . . . . . 16 XXiV DURATION . . . . . . . . . e . . . . . . . 17 . APPENDIX A — W�?�GES . . . . . . . . < . . . 18 � APPENDIX B — LOCAL ADDENDUP7 . . . . . . . . 19 _�_ I 16 B � / �. \�_ : � � . . . . ... , .. . . ._.._. . .. __ . . .. .._._.._..._._ .,._.._.. ,_..._ ......_.._ __ . _ _.. _ . ... . . _ . _ . .�. . ,. .. . . . . . _ . � • . . . . .. . . • --�.-�-,:�..-. -. � � � LABOR AGREEMENT BET�ti'EEN . � . ' 16 C , . # , _ • �1� D , . INTERNATIONAL U\IOAT• Ot OPERATII�IG ENGINEERS, • : . LOCAI, �v0 . 4 9 . . • . AFL-CIO . � � ARTICLE i PURPOSE OF AGREE�ZENT . This agreement is entered into bet�szen the City of hereinafter called the EhiPLOYER, and Loca1 No. 49, International Union of Operating Enqineers, �FL-CIO, hereinafter called the UnION. �� The i.ntent and�purpase of this AGREE�IENT is to: � ( 1.1 Establish certain houzs, wagQs and other conditions of \_ - . employment; 1.2 Establish procedures for the resolution oi disputes concerning . this AGREEMENT`S interpre�ation and/or app�.ication; 1.3 Specify the full and co��,�le�te understanding of the. parties; and 1.4 Place in written�form the parties` agreement upori terms and ' conditions of em�loynent ?=or the duration of this AGREEMENT. The EriPLOYER and the UNIO�i, through this AGREEriENT, continue their dedication to the highest quality of public service. Both _ parties recognize this E.GZEE�IE�3T as a pledge of this dedication. n 0 ...1... � ' 16D ARTICLE II RECOGI?ITIOV The EMPLOYEP. recoqnizes the UNION as the exclusive representative under ylinnesota Statutes, Section 179.71, Subd. 3 in an appropriate bargaining unit consisting of the following job classifications: � .. ------ L(?CP:L CITY G0�lTRaCT ------- ARTICLE III UNIOiJ SECLsRITY ' '� In�recognition of the U�IOi� as the exclusive representative, : the E2�IPLOYER sha1l: . 3.1 Deduct each payroll period an_amount sufficient to provide the payment of dues es�ablished by the UNION from the wag�s of all employees authorizing in writing such deduction, and 3.2 P.emit such deduction to the appropriate desig.nated officer of the UNION. � • 3.3. The UNIO� may designate certain employees from the, bargaining unit to act as stewards and sha11 inform the EMPLOYER in writing of such choice. � � 3.4 The UNION agrees to indemnify and hold the EMPLOYER harntle5s against any and all claims, suits, orders, or judgments brought or issued against the�City as a result of any action taken or not taken by the City under the provisions of this Article. • - _2_ t � �, C: _: �; 1 I' � �� . . . 16 E ARTICLE IV EMPLOYER SECURITY � � �'he UNTON agrees that duriny the life of this AGREEA'[�NT " it will not cause, encourage, participate in or support any strike, slo�a down, other interruption of or interference v�ith the normal functions of the ENlPLOYER. . ; ARTICLE V EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and nnrestricted right to ` operate and manage all manpower, tacilities, and equipment; � to establish functions and programs; to set and a,-n�nd btidgets; to determine the util.ization of technology; to establish and modify the organizational structure; to select, direct and determine the number af personnel; to establish work schedules; � �, �and to perform any inherent.managerial functian not specifically lamited by this AGREEN1ENT. , � � - 5.2 .Any term and cnndition o� enploymen�. not speeifically . established or modified by this AGR�EMENT sha12 renain solely � within the discretion of the EP�IPLbYER to modify, establish, or eliminate. . � ARTICLE VI EMPLOY EE RIGHTS-GRIEVA�ICE PRQCEDURE ' 6.1 DEFINITION OF A GRIEVA�'CE A grievance is defined as a da.spute or disagreement as to the ` interpretation or application of the specific terms and ' : canditions of this AGREE�IEti1^. _3_ � . • ' ; � . � . 6.2 b.3 UNION_REPRESEtiTaTIV�,S ' 16 F The ENPLOYER wi11 recognize representatives designated by � the UNIO� as the griPvance representatives of the bargaining unit having the duties and responsibil:ities established by this Article. The UNTO\ shall notiiy the E�IPL�YER in writing of the names of such [.t�IOV representatives and of their successo�s when so designated. . � ' : PROCESSItiG OF � GRIEVANCE It is recognized and accepted by the WIp�,T and the E1�I�LOYER that the processing of grievances as hereinafter provided is limited by the job duti.es and resppnsibilities of the EMPLOYEES and shall therefore be accomplished durir.c normal working hours only when coriszstent with su�:h EP��LOYEE du�ies � and .�' responsibilities. The aggrieved Er1PLOYEE and the LNIO� . (� . ` REPRESENT�TIVE shal2 be alloc�ed a reason�ble amount of time withou� loss in pay when a yrievance zs investiqated and � presented to the Eti1�LOYER during normal.working hours provided the EMPLOY�E and the U'i�IO\ REPRE5Ez1TATIVE have notiii�d and `received the approval oi the designated su�ervisor F�ho has cietermined tlia� sucn �bsence is reasonable and would not be ' detrimental to the work programs oy the E?�iPLOYER. � 6.4 PROCEDliRE � � Grievances, as ;:efined by Section 6.1, shall be resolved in � conformance ��itn the following grocedure: Step 1. An E�iPLOYEE claiming a violation concerning tne � inter�retati.an or application of this �GR£EAIE\T shall, . -�- �, 0 � � � • � .,._.. ..._ .-.. .. ._..• . ,..... _.... . .. � . ' . C ' � r: e Step 2. . .,, � �� 16G within twenty-one (21) calendar days after such alleged violation has occurrec3, present such grievance to the Et•IPLOYEE'S supervisor as designated by the . ENIPLOYER. The . E��IPLOYER designated representative will discuss and give an answer to such Step l grievance within ten (1fl) calendar days after receip�. A grievance not resolved in Ste� l and appealed ta Step 2 shall be placed in V:riting setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT � allegedly violated, and the remsdy requested and shall be appealzd to Step 2 within ten (10) calendar days aiter the Er•iPLOYER designated representative's final anscaer in Step 1. Any grievance not appealed , �.n �rritinr to Ste� 2 by the iiNION within ten (10) � calendar days snall be considered waived. If appzaled, t�� tisritten grievance shal� be presented by the li'�IOV and discussed with the EMPLOYER designated Step 2 represen�.ative. The EMPLOYER designated � represenLative snall give the UNION the EAiPLOYER'S Step 2 ans�aer in ��ritirig caithin ten (1Q) calendar days after receipt of such Step 2 grievance. A yrievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the E?�IPLOYER designated representative's final Step 2 answ�r. Any •grievance not appealed in �rriting to Step 3 by the �, � , . ;�. i �, Step 3_ S�ep 4. , Step 5. � _. 1 � � 16 �I . UNION within ten�(10) calendar days shall b� . - C considered waived. • I� ap,�ealed, the written grievance sha31 be p�esented by the UNION and discussed with the EPZPLOYER designated Step 3 representative. The E�iPI,OYER desiynated . ' ; � representative shall give the UrIIOy the E1�iPL0YER' S � answer in writing within ten (10) calendar days after receipt af such Step 3 grievance. A grievance not ; resolved in Step 3 may be appzaled to Step 4 within ten (IO) calendar days follow�ng the EMPLOYER ' � designated representative`s final answer in Step 3. � Any gri.evance not appealed in writing to Step 4 by the UNION within t�n {1Q) calendar days shaZl be considered �aaived. ' � �� A grievance unresolved in Step 3 and appealed in . � Step 4 shail be submitted to the i�iinnesota Bureau of Mediation Services.. A grievaace not resolved in Step 4 may be appealed to Step S�•;ithin t�:n (10) calendar days follo�aing the Er;PLOYER' S final ansc•rer in Step 4. . Any grievance not appealed in c•Triting to Step 5 by the liNION within ten (l�) calendar days shall � I i be considered tJaived. j A grievance unre�soZved in St�p 4 and appealed in Step 5! shall he submitted to arbitration subject ta the provisions of the Public Er�ployment Labor Relations ! Act of 1971, as amended. The selection of an arbitrator � ..• (. ` -6- � ♦ C 6.5 v �� . , � � � 15 I � shall be made in accorc�ance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. � ARBITRATOR'S AUTHORITY ' A. The arbitrator shall have no right to amend, modi£y, nullify, ��ignore, add to, or subtract from the terms and conditions of this AGREENIEI�IT. The arbitrator shall consider and decide only the specific issue{s) sub*�itted in writing by the EMPLOYER and the L3NION, and shall have no authority to .make a decision on any other issue not so submitted. � B. The arbitrator sha11. be without pocaer to make decisions contrary to, or inconsistent with, or modifyir�g or varying in any way the application of laws, rules, or regulations� having the force an3 effect of law. The arbitrator's decision shall be subrnitted in writing 4�ithin thirty (30) . days foZlowing close of the hearing or the submission o� briefs.by the parties, whichever be later, un?ess ihe . garties agree to an extension. The d�cision shall be binding on both the Er�.PLOYER ar_d the U�TZON and shall be based solely on the arbitrator's interpretation or � applicatian of the express terms of ihis AGREE�IEhT and to � the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the ENIPLOYER and the UNiON provid�d that each party shaTl be responsible for compensating its oc,rn representatives and caitnesses. �� . � _, . - - � 16 J If either party desires a verbatim record of the proceedings, � it may cause such a record to be nade, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. �� 6.6 WAIVER � : If a.grievance is not presented witnin the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step witnin the specified time � limit or any agreed extension thereo`, it shall be considered� settled on the basis of the E�IPLOYER'S last answer. If the EMPLOYER.does not ans�aer a grievancz ar an appeal thereof within the specified time limits, tn� LNIO� may e].ect to treat the grievance as denied at that step and ir�mediateZy apgeal the grievance to the next step. The time limit in � each step may be exter_ded by muzual aqreerlent of the EMPL�YER and the UNION. 6.7 CHOICE OF Rc.�iEDY zf, as a xesult of the i:r� tten Ei%��LOYER response in Step 3, the grievance remains unresol.ved, and if the grievance involves the suspension, denotion, or discharge of an employee who has ' completed the required p?-obatianary period, the grievance may be appealed either to Ste� 5 of ARTICLE VI or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If app�aled to any procedure other than Step 5 of ARTICLE VI the grievance is not subject to the arbitration procedure as provided in Step 5 of ARTICLE VI. The aqgrieved employee � �:: . . �. �. C C� I �_ l6 K shall indicate in writing which�procedure is to be utilized-- Step 5 of ARTICLE VI or another a�peal procedure--and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 5 of ARTICLE VI. ARTICLE VII DEFINITIONS �.1 UNION: The International Union o� Operating Engineers, � � Local No. 49, AFL-CIO. 7.2 EMPLOYER: The individual municipality designated by this AGREEb1ENT . � 7. 3 7. 4 UNION TIEMBE�t: A member of the International Union of Operating Engineers, Lacal No. 49, AFL-CIO. � EPfPLOYEE: A member of tne exclusively recognized bargaining . unit. 7.5. BASE PAY RATE: The empl�yee's hourly pay rate exclusive of longevity or any other special allo�•�ances. ' ` ?.6 SENIORITY: Length of continuous service in any of the job s � c�.assifications covered by ?1RTICLE II - RECOGNITION. Employees who are prornoted from a job classificaf.ion covered by this AGRrEP•iE�T and re�urn to a joa classification covered by this AGIZEErIENT shall have their seniority calculated on their length of service under this AGREEMEVT for purposes of promotian, transfer and lay off ancl total length of service with the EMPLOI'ER for otner beneiits under this AGREEMENT. 7. 7 COAIPENSATORY TIP•iE : Time of f the em�loyee' s regularly scheduled work schedule equal in time to ov�rtime caorked. � � -9- . . 0 � 0 . . � � lE L . 7. 8 SF:VER.A�TCE PAY : Payment made to an emoloyee upon honoxable . termination of employment. � ., , 7.9 OVERTIAZE: Work performed at the express autharization of. the EDZPLOYER in excess of either eight• (8) hours within a twenty-four (24) hour period (except for shift changes) or �rtore than forty (40) hours within a seven (?) day period. ?.10 CALL BACK: Return of an employee to a specified work site �to perform assigned duties at t:Ze express authorization of the Er�PLOYER at a time other than an assigned shift. An � extension of or early report to an assigned shift is not a call back. , . ARTICLE VIII SAVING5 CLAUS� �.. This. AGREEi�1ENT is subject to the laws of the United States, the State of Al�.nnesota, and the signed mu�icipality. In the event � any provisian of this AGREEMENT shall be held to be contrary to la�v by a court of conpetent jurisdic�ion frors whose final judgment or decree no appeal has been taken within the time provided, such provision sha11 be voided. All other provisions of this AGREEMENT shal�. continue in �ull force and eff�ct. T�e voided prov�.sion may be renegotiated at the request of either party. ARTICLE IX WORK SCHEDULES . 9.1 The sole autharity in coork schedu].es is the EMPLOYER. The normal �aork da�► for an employez shall be eight (8) hours. The normal �,rork week shall be forty (40) hours r5onday �through Friday. -10- 0 � 9.2 � 9.3 9.4 Service to th�e public May require the establishment of regular shifts for sflme employees on a daily, weel�ly, seasonal, or annual basis other than �he normal 8:00-4:30 clay. The EMPLOYER caill give seven�y-two (72) hours advance notice to the employees affected by the establishment of work days different from the employee's normal eight (8) hour work day. . � In the event that work is required because of unusual circuristances such as (but not limited to) fire, f.Iood, snow, sleet, or breakdown ot municipal equipment �r facilities, no ,advance notice need be given. It is�nflt required that an employez c�orking other than the normal work day be scheduled to work more than eight (8) hours, hawever, each employee has an obligation to work over�ime or �a11 backs if requested . unless unusual.circumstances prevent him �rom so working. Service to the puk�lic may require the establishr�ent of regular c,ork weeks that sch�dule work an Saturdays and/or 16 M Sundays. ARTICLE X OVERTIP�tE PAY 10.1 Hours worked in excess of eight (8) ho�ars �oithin a twenty-four (24) hour period (except for shift changes) or more than forty (4Q) hours within a seven (7) day period will be compensated for at one and one-half (1-1/2) times the emplayee's regular base pay rate. 10.2 Overtime will be distributed as equally as practicable. �� -11- . ; � S . . . . . ls r�� 10.3 Overtime refused by employees wil,l for record purposes under ARTICLE 10.2 be considered as unpaid overtime wor�ed. �•- 10.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours ��orked. �� ARTICLE XI CALL BACK � . . An employee called in for work at a time other than his normal scheduled shift will.be compensated for a minimum of two (2) hours' pay at.one and one-half (1-1/2} times the em�loyee's base pay rate. ARTICLE XII LEGAL DEFENSE 12.1 Employees involved in litigation because of negligence, ignorance of �.aws, non-observance of laws, or as a result of � employee �udgriental �lecision may not receive Iegal�defense by ; . . • - �. the municipalit��. . 12.2 Any employee who is eharged with a traffie violation, ordinance va.olation or criminal of.fense arising from acts performed ' within the scope of his employment, when such act is perfozmed , in good faith and under direct order c�f his supervisor, shall • �ae reimbursed for reasonable attorney's fees and court costs actually incurred by such es�ployee in defending against such charge. ARTICLE XIII RIGHT OF SUBCONTRACT Nothing in this AGREEMENT shall prohibit or xestrict the right of the ErIPLOYER from subcontracting work performed by employees. covered by this AGR�Ei�I��T. • ' �� C: .: -12- � . h .. . ' �6 0 ARTICLE XIV DISCIPLI�TE • ( The EMPLOYER wTill discipline employees only for just cause. ARTICLE XV SENIORITY • � �.5.1 . Seniority ��ill be the determining criterion for transfers, � , promotions and lay of�s only wnen aIl job-relevant .- . qualification iactors ��e equal. . . 15.2 Seniority will be the determining criterion for recall when the job-relevan� quali=_cation f actors are equal. .� Recall rights under �::�s provision will continue for twenty-four � (24) months a��er lay o=�. Recalle3 employees shall have ten (10) �aorkinq c,ays a�ter aotification of recall by registered mail at the e�.�loyee's Iast known address to report to work or . � forfeit all r�call r.ich�s. � - ,.. . .: ARTICLE XVI PROBATIONtiR�' PERI4DS - ' � 16.1 A].1 newly hire� or rehir�c employees caill serve a six (6) months' probationary p�raod. . 16.2 All employees �h�ill ser=le a six (b) �ionths' probationary period in any j ob c las s_ f i cation in wiiich ,the emp].oyee has � , not s.erved a �_obatio?�aY�� period. - � 16.3 At any t�me durinq the �robati�nary periad a newly hired or rehired employee may be terminated at the sole discre�ion of the E1�iPL0YER. 16.4 At any time dur?ng the �robationary period a promoted or rea�signed em�loyee ma�; b� de.moted or reassigned to the . . employee's pre��ious pos�tian at the sole discretion of the EMPL01'F.R . Cr • ' . --13- , � ARTICLE XVIT S�FETY • • . The EMPLOYER and th� UNIOt3 agree to jointly promote safe and healthful workiny conditions, to cooperate in safety matters , and to encourage employees to work in a safe manner. 16 P � ARTIGLE XVIII JOB POSTING � 18.1 The EMPLOYER and the UrdION agree that permanent job vacancies within the designated bargai�ing unit shall be filled based .. on the concept of promotion from within provided that applicants: � 18.11 have the necessary qualifications to meet the standards of the job vacancy; and � � 18.12 have the ability ta perform the duties and responsibiZities of the job vacancy. . � � 18.2 Employees�filling a higher job class based on the provisions af , � this ARTICLE sha11 be subject to the conditions o�f ARTICLE YVI� (PROBATIONARY PFRIOD). � �7.8.3 The EMPLOYER has the �ight o� final decision in the selection of employees to fill posted jobs based on qualifications, •abilities and eYperience. � 18.4 Job vacancies within the designated bargain.:Lng unit will be pos�ed for five (5) worka.ng days so that members of the bargaining unit can be considered for such vacancies. ARTICLE ?;zX INSU��NCE The Eti:PLOYER will contribute up to a maximum of eighty-five dollars ($85.00) per month per employee for calendar year 1gg0 for group health and life insurance inc�uding dependent coverage. � /.= . . �., .. -14- � � . . ... _ . _ . _ . ... ._. _ . . . .. . . . ._ _ - - . . •-- ._. _._.. _ ..._._ ..__ . . J�.,,..,,. -- �.'w--, . . T-_... , � . . . • ` . . -•� � . - ' . 16 t� Employees not choosing depetzdent coverage cannat be covered Cat EMPLOYER expense for any additional insurance than the individual group health and group life insurance. Additional � life insurance can be purchased by employees�at the employee's expense to the extent allowea under the EMPLOYER'S group policy. . This Article shall be open for negotiation for calendar year 19$1. � - � ARTICLE XX HOLIDA�S � � The EMPLOYER will provide eleven (11) paid holidays. ARTICLE XXI SCOPE OF AGREEP�iENTS '� � No addendum to �his MASTER AGREEMENT can be in conflict �. . with this MASTER AGREEMENT_ ' : . . ARTICLE XXI3 WORKING OUT OF CLASSIFICATION �� Employees required by the EP�iPLQYER ai�d who are adjudgeci by the El2PL�YER to be qualifie3 to c�erate the following items .. of equipment will be paid the Heavy Equipment Operator rate of pay for those hours assigned to the uni�: � --_---- ' ------- - TQ EE ��EGt?TI�`,TE� L�C��LI C�' � . �' � J � � � . ' � ' ].f�R, ARTICLE XXIII WAIVER � � 23.1 Any and all. prior agreements, resolutions, practices, . policies, rules�and regulations regarding terms and conditions of employment, to the exten� ineonsistent � with the provisions of this AGREENIENT, are hereby superseded. 23.2 The parties mutually acknowledge that during the negotiations whi.ch resulted in this AGREEr1ENT, each had the unlimited right and opportunity to make demands and proposals with xespect to any term or condition of employment not removed by law from barJaining. All.agreements and understandings arrived at by the parties are set forth in writing in this AGREEb2ENT for the stipulated duration of this AGREErSENT. The EMPLOYER and the UNION each voluntarily and unqual.ifiedly waives the right to meet and negotiate regarding ariy and all < terms and conditions of employrient referred to or covered in� this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this 11GREEM.ENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parti�s at the time this cantract was negotiated or executed. -16- Q . � � !. �. ' - - . � . . � lE ARTICLE XXIV DURl1TION . CThis AGREEMENT shall be effective as of January 1, 1980 and shall remain in full force and effect until the 31st day of December, 1981.� � ' � IN WITNESS 6VHEREOF, the parties hereto have executed this AGREEMENT on this . � �day of , 1980. � : • FOR THE METROPOLITAN AREA • . AG MENT ASSOC ATION (MAI�1A) : _ � � � _ �uQ.�.rz C (� � FOR THE INTERNATIONAL UNION OF , OPERATING ENGTNEERS, LO�.`F�L NO. 49, AFL-CIO: �^ .�I -� � -_-_�r�,, /-� • _ � .r. _,-, z_- f � .� F � Y FOR THE CITY OF -�7- S .� m � , . APPENDIX A �VAG£ S 16 � The following wage schedule will be in effect from the first payroll • � period in 1980 through the las� payroll period in I980: � ' Heavy Equip�nent Operator .....$ 8.57 per hour • Light Equipment Operator .....$ 8.12 pPr hour lvew employees will start at a wage rate equal.to ninety (90) percent of the contract rate for the job classification inta which the employee is hired for the�emnloyee's first year.. This rate will increase to ninety-five (g5) percent of the contract rate far the employee.'s second � year, and move to the contrac� rate for the employee's third year of . � employment. - � . ; Appendix A shall be open for negotiation for calendar year 1981. � � : a � •� � � � � � 16 U . . � ' APFENDIX B , LOC�1L ADDENDUM ' This supplementary agreement is entered into between the City of . and the International Union of Operating Engineers, � Local No. 49, AFL-CIO, for the period beginning January l, I980 and ending December 31, 1981. � .. .. Nothing is this supplementary_agreement may be in conflict with any - ` provision of the t4ASTER AGREEP�IENT between MAMA, the City of, , and I.U.O.E., Local No. 49, AFL-CTO. In the event of conflict the � MASTER AGREE24ENT will prevail. - � � B-I. � ' i � � • . � � _ • � � � I , _ . ; . . i . � � � , • . m � .. . • . -19- . . ; '. t .