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06/02/1980 - 5317A2,?'„� ' w,..� .} .�4Y-a : � ..; . . �= Yi.. �" � � � .. ". �. 9 ; _ ,' ' : � . r �� . . - - __ `� z � . -.-' : 2V ' ,a " ,..� , � � � ;� 4� a � _ � .. 2 :' ✓ - . .��q's�`4 � . . < � .S . . . . �:.,'� i" yi. _ . . . . . . . . � � _ LL � � '. - .�, , .. . . . . .� ,.. ' ' � . . . .'. , : 't C�r . .. . _ _ . "' � . . � - . �. .. . f � . " ., - . i::'. . . . . .. `�� p-= � ;j,." . � . � . . . 4 I �4 � � ��L� � �� . . . . QfFiGIAL CITY CtH1NCTL RGENDA 'r-. _. � 5.' RECitlLAR C4UNCIL MEETI�lG � ? JUttEE^ 2. 198A - � a �,; _ �;. : i' _;' = � Y;:;; . _ ' ; ��: , . ' ' _ � �� ' F � �4 � � � .� . , $� � .. . _ _ . . �, , . . . . . -. . �. �� . . . . .. . . � . ? h,�. � . . � . . � _ F� � S Y t 1a �� . � , . . . . .. . .�_ . . : �� ?.�._`�c'= . . � . . . . 7 -.=. . .- � � . . .. . � . . ,r�°= �- . � � ` . ' �:� g�- ; . . . . �. -�y i.," . � .. � � �y.> � . � .. - . . :�...` .. . � . . � . ':,-.�� ` -� � - ' -�- g `: . . - . � . . � . � >, `. x �.e . _ ... .. . � . � . . �§ � , . . . � " . � . . �` . .3�� `�� , . . . � w , . .+� „ '=#';=Ku ., :;�. � � ;: � � � �. � w : �� r � � y� �r. � � � � �� `��, �, � . ., s ;, � _' , r , , � .�y ..:+" , " . c, � -� ;- �-,� , r � � a�' . . " ' �` ym7.M ,� �J�.� �RIDLEY CiTY C�D�9i`!C 1_L ,;��<, �.<: o� <� REGULAR P�EETI�JG — JUi�E 2, 1930 — 7:30 P. h1. ,� MEMO T0� DEPARTMENT HEFlDS FOLLOWING ARE THE `�ACTIOfdS NEEDED°� PLEASE HAVE YOUR ANSWERS BACK IN TIiE CITY MANAGER�S OFFICE BY 7HE �'IEDNESDAY BEFORE THE NEXT REGULAR COUNCIL hiEETING, THANI< YOU� ��Lcxe_//� /��J� CITY MANAGER �' I NFINC E > BOARD OF REV I EW ��IEET I NG - I`�AY I2, I9uO Approved . ._._ . PUBLIC iiEARING MEETIN6 - MAY 12, 1980 Approved � �. CONTINUED BOARD OF REVIEW �IEETING - P�IAY I9, I9$O ApproVed REGULAR P�EETING - MAY I9� I98O Approved with Amendment on Page 3 ACTION NEEDED: Make corrections in Minutes ADOPTIOC� OF AGE��DA: � Added: i. Petition re: Quincy & 67th 2. License - Permit for fireworks - VFW Post 3, Estimate from Architect for North �ark OPtPd FORUf1, VISITORS: CONSIDERATION OF No Response o�n BustriESS: , ITEMS NOT -0N AGENDA - IS MINUTES .� : CONSIDERATION OF ISSUANCE OF ENTERTAINMEM7 LICENSE TO CANTERBURY PUB �TABLED 5/19/80>� , � , . � ,� � � � � � � 1 - 1 D Denied Entertainment License ' ACTION NEEDED: Inform Canterbury Pub of Council Action � �llBIIC WORKS s t'UBLIC WORKS rIRE "UBLIC WORKS ULAR P�EETING, ,UNE ;,F;d BUSIldESS: 1980 PAGE 2 RECEIVING PLANNING COMMISSION I�IINUTES DF i�AY Zl, �.`�8O .� 2- 2 � 1. Consideration of Request for Special Use Permit,••••••2 - 2g SP #80-03, to allow construction of detached garage, & 2i+ 2� 290 Ely Street, Duane Motzko Planning Comm. Recommendation: Approval Council Action Needed: Consideration of recommendation Approved ACTION NEEDED: Inform applicant of Council Action . CONSIDERATION OF RENEWAL OF SIGN LEASE FOR CHARLIES IN FRIDLEY, 8290 UNIVERSITY AVENUE, LETTER OF �EQUEST BY SUSAN ANGRIMSON, MANAGER. . . . . . � . , � . . . , . Referred to Planning Corrnnission and allow Charlie's a 60 day grace period ACTION NEEDED: Inform applicant CONSIDERATION OF FIRE FIG�iTING i�UTUAL AID CONTRACT WITH ANDOVER � . . . � � . . � , . . . . , : . . . , . � Approved ACTION NEEDED: Execute contract & forward to appropriate parties � CONSIDERA7ION OF A RESOLUTION ESTABLISHING h�UNICIPAL STATE r�ID STREETS, `�IST AVENUE FROM UNIVERSITY AVENUE TO �'�AIN $TREET ��'�0. 339) . . . . . � . . .. � . . . . . Resolution #55-1980 Adopted ACTION NEEDED: Proceed as authorized 3-3B 4—�IF . , 5-5B � r' �INANCE FINANCE ULAR ��EETING, �UPJE Z, 1980 �lE'r! 3USI�dESS (C0;lTIIJUED) CONSIDERA7ION OF A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF INDUSTRIAL REVENUE BOND PURSUANT TO CNAPTER 474, P�1NNESOTA STATUTES, TO PROVIDE FUNDS TO BE LOANED TO SIMER PUMP COMPANY FOR INDUSTRIAL DEVELOPMENT PROJECT AND APPROVING LOAN AGREEMENT, PLEDGE A6REEMENT, CONSTRUCTION LOAN AGREEMENT, CbMBINATION MORT6AGE, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT AND BUY AND SELL AGREEMENT� � � . , � � � . � � , . � � . . � . � � � Received letters from faegre & Benson and Piper, Jaffray �, Hopwood. Adopted Resolution #56-1980. ACTION NEEDED: Proceed as authorized CONSIDERATION OF A RESOLUTION APFR�VING AND AUTHORIZING SIGNING THE AGREEMENT ESTABLISHING ' i�ORKING CONDITIONS, }'�AGES AND IiOURS OF EMPLOYEES OF THE CITY OF FRIDLEY FIRE DEPARTMENT FOR THE YEARS I�BO AND I9H1. . � . . . . . . . � � � � . � Resolution #57-1980 adopted ACTION NEEDED: Have agreement executed , � PAGE 3 � � ' ,,.. 7-7I APPOINTMENTS: CITY EMPLOYEEB. . . . � . � . . � � � � � Approved Kenneth Wilkinson promoted to Dep. Public Safety Director James Bankston, Waldemar Olsen & Gary Lenzmeier to Corporal CITY MANAGER ACTION NEEDED: Inform Accounting °UBLIC WORKS RECEIVED PETTTION #3 REGARDING BLOCKIN6 THE NORTH END OF 67TN AND QUINCY ON A TRIAL BASIS Of SIX P10NTN5 TO STOP THE SPEEDTNG ON QUiNCY Received & referred to Administrat.ion for study Petition �3 ACTION NEEDED: Review and work wit!� the Police Department for appropria e action and recommendations to City Manager's office. �� ' RFGULAR ��EETING, �UNE Z, I98� � FINANCE FINANCE : _FINANCE PAGE 4 I i�E�F� BUSIIVESS �CONTINUED) � � '' CLAIMS. � . � . � . � � . . . � . . . . . . . . . . � , , 9 Approved ACTION NEEDED: Pay Claims ESTIMATES� . . � � . � � � . . . . . . , . � . . . . � . IO Approved Estimates & Payment to Architect Design-N. Park- (Design Consortium, Inc.) ACTION NEEDED: Pay Estimates as listed & to Design Consortium, Inc. LICENSES. . . . � . . � . . . . . . . � . . . , . . � � 11 - 11 Approved Licenses & Fireworks License for VFW Post ACTION YEEDED: Issue Licenses including VFW Post {�D�OUR:d: Fieeting adjourned at 8:25 P.M. fRIDLEY CITY COUNCIL MEETiNG PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: NAME ADDRESS ITEM NUM6ER ---------------------------------------------------------------------------------='___=__=====q --------- -------------------------------------------------------' -- ----------- n �i Z o ( .� �d m: -aJ' I �.i s- �1 �� - �' � � �u' y, . _. .. � �� ._. , .� � � '. �" � ? ��F '� �,�'�'� � . t '� , - �:. ,. � °: a�a. _'4'�'q ; „�4�� s' _ �+..� �; �� <�. ' �"r--'s" � �k � ' � �z°-'� s � �: � �- � �e . ` �s � � ,3��.s, � ��-: � -:i �_ �Z. s �€i .. iX " .� ",�� r 'PO' i e �a�� . s ..c rr+ ��v'^�C �� : ��; + � , ' 4NZ a, " . s",.�-..."s w.'- ." f tz ,�;r 'a . �� . _ " . . � �. _ � . :. . �: "+v c„. .,... ,>; ;r .. . �.� �n t, A i� c� � ��rs aF �v�E� �� !�� a. �9ao ,�. � �. _ - ;— �h. � r� .. L� p� y�! : { ` � `.�� .. . .; .. . ... r 4� ' f Y. � � «+ }y� L jJ,C ��f3 �f � 6 � '� . f v } �� a , / � � x � � 3 t ��'�ar¢�'�' ' �"; � � � � F Y �: a x °E �+ ... h k .. $ Y � � �` �y M. . _ � . . .� .. . . "�T d pYA vi l . ��=�2 ' F i ' }f :i. j'n '� ♦ . A,. ;,�, .{ 5 � �. h � � x �4 § ^'.2 Y . �L � 5 ; i.. � :. t �: �a w � �,� �� . az w:�.'e�� ' y �� ^� � u �` � '��€ � s- �z n � %� � r �x } ` - � v •�y,� t � - ", ,.a� �. F - ?. .. � � ' �� - � � � ` v � 'p' L u3 T.�.,3�•*^..�' ^��A �.n �L i'"L1�N S -&} � XS _ Y .. 1 �4 rv -� � hk3s� � L t .1 �rs�, � t � tt, � aw,��y . p � �. ,1 �. �x �:��,� � ' _ .,,,,.� �v"- �_ � ..� .� '� a �+�. '��,�g �` ,> { rs�°• .; ��- ..... . . , 1.::� � �` . . s„t�.,.,.' :.�" ttt, .., . . . . . . . . _ _ . 13� THE MINUTES OF THE BOAR� OF REVIEW MEETING OF MAY 12, 1980 � � The�City Council met as the Board of Review and the meeting was called to order at 7:30� p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of A7legiance to the flag. ROLL CALL• MEM8ER5 PRESENT: Mayor Nee, Councilman Fitzpatrick, Councilwanan Moses, Councilman Schneider and Councilinan Barnette MEMBERS ABSENT: None Mayor Nee stated the Council would now be meeting as the Soard of Review and upon�conclusion of this meeting, the public hearing meeting of the Council would�be apened. He stated the meeting of the Board of Review is required by State law to meet - and review market values of properties and to hear objections of property owners, He pointed out the Council has the power to make an adjustment in the market value, either up or down within certain limits. Mayor Nee stated, after the property owners have 6een heard this evening a�d, if they feel they have not Ceen treated fairly, a forma7 objection: should be made in order to protect their right of appeal. � Mayor Nee stated every property in the City is physically assessed every , four years at which time the records are brought up to date. This means i that one-fourth of the property in the City had an on-site inspection and the ... balance of the property is reassessed according to a formala provided for �,, in the State regulations. - Mr. Iverson, 4519 Znd Street, stated he objected to the rise in the value of his property, as he fielt it was unwarranted. He stated�no improvements have been done to the property for the 18 years he has lived there, except to keep it clean and paint it. � Mr. Iverson stated he didn't feel the property is worth $42,500 and objected to the increase from last year which was $33,500. � . Mr. Herrmann explained the limited value last�year was $33>500, but the estimated value was $36,600, which is approximately a 73% increase over last year's market value. Mr. Herrmamstated he felt this wooldn't be an over- evaluation of this property. Councilman Barnette asked�Mr. Iverson if he knew of any homes in his area that have been sold and the price for which they were sold. Mr. Iverson indicated he was not interested in this matter_ Councilman Schneider�pointed our, by State law,.the City is�required to assess property on what they consider is a fair market value. Mr. Iverson stated he objected to the value being raised when no� improvements have been made to the property. Mayor Nee state this item could be referred back to the Assessor to o6tain figures on the sale�price of comparable property in the area. Mr. Iverson felt fhis weuld 6e satisfactory with him, and wished tfie Council to check into the matter further. Mrs. June Sentyrz, 129 Crown Road, stated she felt her property is valued for more than it is worth. She stated the value was raised about $9,000 this year Mrs.Sentyrz stated, with her husband retiring next year, the taxes would be so high they would be taxed out of their home. _ _. � � i_ .. :_...__. �I I I �J./ BOAR� OF REVIEW MEETING - MAY 12, 1980 Page 2 Mayor Nee pointed out, even though the value is raised, it doesn't necessarily mean tha taxes would be increased. He explained what the City must arrive at is the fair market va7ue of what the home.would seli ior if it was placed on the market. Mr. Herrmann stated the value did go up $9,900 to $47,200. He also pointed out the average home in this area sold for 553,800 so didn't feel the property was overvalued. Mrs. Sentyrz stated she tlidn't realize if one home in the area sold for $65,000 it would have a bearing on the value of other hoines. Mr. Nerrmann explained if one home had sold at a much higher price it Drobably had some additional features to bring such a price, but if most of the other homes were selting in the $50,000 -$55,000 range, this would be the basis for determing the market value. � Mayor Nee asked Mrs. Sentyrz if she wished to register an objection and have � the Assessor's office check into the�matYer. Mrs. Setttyrz stated her questions had 6een satisfactorily�answered. � Mrs. Lindberg, 5216 Pierce Street, questioned the rise in the market value of her home. The value last year was $52,800 and this year it is $59,40D. Mayor Nee asked Mrs. Lindberg if she Felt her home would sell for $59,4D0. Mrs. Lind6erg stated she felt it would heamuch lower figure. Mr. Herrmann stated, he felt, if�the�mill rate stays the same, �1rs. Lindberg's taxes would remain about the same or possibly go down. Mayor Nee explained the changes made by the Legislature in the homestead cr•edit and an increase in the market va7ue doesn't necessari7y mean taxes would increase. He stated,�if Mrs. Lindberg didn't feel her home was worth the value ptaced on it, the Assessors' office would review it. Mrs. Lindberg stated she would like this reviewed. i Mr. B. A. Westeren, 5222 Pierce Street, stated he h:,s the same complaint as� I� he didn't feel the increase was justified. Mr. Westeren stated his home is '� 960 square feet,�which is small in today's market, and didn't feel it should be compared with the larger homes. Mr. Westeren stated he wasn't complaining about an increase, but felt this was too much, and�requested the City review the value ptaced on his property. Mr. Wa)ter Iskierka, 6770.Starlite Boulevard, voiced 'a complaint on the value placed on his property. He felt-the value of his property went down $10,000 . because development adjacent to his home has ruined his property. He pointed oui his garden and fence have been ru5ned because of the development of the lots adjacent to his property. , Mr. Herrmann stated the value last year�was $43,600 and this year it is $48,900. Mayor Nee stated the City has no power to enforce private covenants, but Mr. Iskierka does have �the right to go to court to enforce those covenants. Mr. Herrick, City Attorney, stated if the plat had dreinage easements and these were filled by tV�e developer, Mr. Iskierka would have the riqht to take action. He stated the City doesn`t have the authority or means to pnforce the disputes between neighbors and, if the situation is as bad as he states, he felt Mr. Iskierka should consult an attorney. � , �� Mr. Herrmann stated a protest was received on the value placed on the Barry � Blower property. He stated an appraisal by Mr. Haines, representing Barry Blower, was a little less�than the City's, however, Mr. Haines felt this may be acceptable with the canpany, but wanted an opportunity to consuit with them, therefore, wanted the protest noted at this meeting. Mayor Nee suggested this item be kept open, and if they wished, a�protest could be filed at the next meeting.� I � i � .._._. _ ._.... _...__ . . ___... ....._ _ ..... ..... .. . L.. .. ....... . . .__.__ _. . .. 140 BOARO OF REYIEW MEETING- MAY 12, 1980 Page 3 Mr. HerTmann stat� a protest was also received from Rapid Oil Change and this should be noted for the record. Since the County determines the value of service stations, the protest could be heard at this level. Mr. Herrmann stat� a protest was received from Leonard and Mary Lind, 1620 75th Avenue regarding the market value of their home.� He stated the Linds were unable to attend the meeting this evening and called to register the protest so it could be noted for the record. Mr. Herrmann stated he felt staff could give the Council the further in- formation requested in time for the next meeting, and therefore, the following action was taken. MOTION by Councilman Barnet� to continue this hearing of the Board of Revigw� until the next meeting on May 19, 1980. Seconded by Councilman Schneider. Upon a voice vote, all voted aye, and Mayor Nee declared the motion carried unanimously. This meeting adjourned at 8:25 p.m. � Respectfully submitted, � Carole Haddad � William J.Nee Recording Secretary . Mayor Approved: _ _ _ _- _ _ _ _- f , � i i � �� . ' t" ` _ � � ��"�?„; +t�fb xM" z �-r'� � S I '� ?e: 5 d "�' ,''- �� ,� y�- - � t Y � h— � { t Y ��` � � L� - �"� *�� , � � � �"�� S � e5. � 5�:. ,. . �'.e�"�''ik %�«; 5,"� . :� :" =� �� ' " � .:. ' n: 5 � r .s 't�' 2 L � yi� �'` ��. ��. � �� + = d b "rc fi i '�'r`. 4- l. ' � 4 � � � �� µ� ��. M � � ' K4'� .a�v'..a,. . 4r 1„_S.« �y ,:- k'Sx i r „� fi ^y ^, �?n �- `� �� .. ��' � � �� 'i � 'f� ^'L"`^. �� ' ` '�:; '"�� ra� �` � : -�'+ �� 5 � . v . .��PSr, s,hk'N_';,.. ... :�a.�vk�� s. _.. �' .�n. „�..�f� .,s*� . � } Sq�F��- �'€ + S.: . � '�� ; � '% �: } j'1' Gt,IUNCi4"OF MIAY "12,, 7484 r s ,,, �� '" � � ; 1, T �' z . 4' rc ¢ ��+^' s� �-., #�4?'' < � }.:k-`,_�. .. . ., . ... . ..r� • i�i THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF MAY � � 12> 1980 The Public Hearing Meeting of the Fridley City Council was calted to order, following the Board of Review Meeting, at 8:25 p.m. by Mayor Nee. � ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Moses, Councilman Fitzpatrick, Cow?cilman Schneider and Councilman Barnette I ? I j MEMBERS ABSENT: None ,1 A�OPTION OF AGEN�A: MOTION 6y Councilman Schneider to adopt the agenda as submitted. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARINGS: PUBLIC HEARING ON THE ASSESSMENT ROLL FOR THE WATER, SANITARY SEWER AND STORM SEWER-IMPROVEMENT PRQ]ECT N0. 127: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the pu6lic hearin9. 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;27 p.m. Mr. Qureshi, City Manager, stated this is the zssessment roll for water, sanitary sewer, and storm sewer for the Paco Industrial Park Plat and the surrounding areas to the south. Mr. Qureshi reviewed the costs per front foot f�r water and sewer laterals and the cost of the storm sewer is $14.89 per 100 square feet for the area in the North �' �rainage Uistrict and $13.42 per 100 square feet for the area in the South Drainage I Uistrict. 1_!. No persons in. the audience spoke regarding this proposed assessment. 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 unanimousty and the public hearing closed at 8:30 p.m. � PUBLIC HEARING ON THE ASSESSMENT ROLL FOR THE WATER, SANITARY SEWER AND STORM SEWER IMPROVEMENT PRO�ECT N0. 128: MOTION by Councilwoman Moses to waive the reading of the public hearin9 notice and open the public hearing. Seconded by Councilman Barnette. Upon a voice vote, ail � voting aye, Mayor�Nee declared the motion carried unanimously and the public hear- ing opened at 8:30 p.m. � Mr. Qureshi, City Manager, stated this project involves the assessment roll for water, sanitary sewer, and storm sewer in a portion of the Great Northern Industrial Park Plat. The assessment rate per frunt foot for the water lateral is $13.53. and the front foot rate for sewer lateral is $}Z,52. The rate for storm sewer is $12.b4 per 100 square feet of area, less previously assessed storm sewer. No persons in the audience spoke regarding this proposed assessment. f�� MOTION by Councilman Barnette to close the public hearing. Seconded by Council- i� woman Moses. Upon a voice vote, all voting aye, Mayor Nee declared tfie motion. carried unanimously and the public hearing closed at 8:31 p.m. 142 PUBLIC HEARING MEETING OF MAY 12, 1980 Page 2 PUBLIC HEARING DN THE ASSESSMENT ROLL FOR THE ST 7979-1 AND 2 STREET IMPROVE- MENT PRDJECT: MOTION by Councilman Fitzpatrick to waive the.reading of the public hearing notice and open the pub7ic hearing. Setonded by Co�;ttci7woman Moses. llDOn a voice vote, alt voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:31 p.m. . Mr. Qureshi, City Manager, stated this assessment ro71 covers street improve- ment projects 1979-1 and 1979-2. They were reviewed as follows:� 70TH WAY, LOCKE LAKE ROAD (68TH IJAY) AN� HICKORY STREET• hir. Steven Paaverud, 7045 E. River Road,�stated he has not benefitted from the improvements made behind his property and objected to an assessment. He stated he was told the City's policy regarding the method used in assessing side yards was adopted in the 7950's. He stated supposedly the policy was adopted in order to be fair to tfie property owners, but didn't feel he benefitted from� the improvement and it�was unfair for him to pay for it. He requested the Council review this policy, Councilman Schneider stated the Council deals with this policy� every year when they review assessments. He stated he thought everyone in the C�ity has paid a stde street assessment. Mr. Herrick> City Attorney> stated this pol�icy has been applied equally to all and that there is�uniformity. Mrs. Lois Berg, 6809 Hickory Street, questioned why the assessment wasn't made on this year's tax staten�ent rather than next year's. She pointed out the fatt that the intetgt rate has increased and the cost of the improvement was more than was estimated. Mr. Qureshi stated the City's policy is not� to assess, unless the project is essentially completed. kle further stated the cost of the project was higher than estimated due to�the increased costs of fuel and asphalt. Mrs. Berg stated their portion of the project was completed last fall and felt it could have been assessed this year. Mr. Qureshi stated Mrs. Berg's partic- ular street was finished, but there were a number of streets in the total project which were not completed. Mrs. Berg felt it was hard to understand the higfier interest cost, wfien tfiey were quoted 7-�X, and the increased cost per square foot and felt they were being penalized because the project wasn't completed. Mr. Qureshi stated another way io look at it is that they now have the use of the roadway and wouldn't start paying for it until 1931. � Mrs. Berg asked if there would be another raise in the interest. Mr. Qureshi stated the figures at this time�are the ones which would be used for the assessment. Mrs. Roenen, 6810 Hickory Street, brought out a problem with the drainage. Mr. Johnson, 6II17 Hickory Street stated the Grain is higher than the street and, therefor�:, not functioning properly. Mr, Qureshi stated staff would check into this matter. In general, these property owners on Hickory Street, who were present at the meeting, did� voice concern about the cost of the project which was higher than what was estimated and the higher interest rates on the assessment. Councilwoman Moses explained it was necessary to have a higher interest rate on the bonds in order to attract investors to purchase them. � I � ' r � 1�3 PUBLIC HEARING MEETING OF MAY l2, 1980 Pa9e 3 61-1/2 WAY, 63R� WAY AND 63-1/2 WAY: Mr, Jim Langenfeld, 79 63-1/2 Way, felt when tfie improvement hearing is held and estimates given on the costs of the project and interest rates> a lot of people formed their opinions as to acceptance or rejection of the project. Ne felt it would be noted at the improvement hearing that casts can be affected one way or another by construction costs and interest rates. Mr. Langenfeld felt it was not feasible to pay taxes on 21 feet of finished road that is going to be taken out with the widening of East River Road. Mr. Qureshi stated if this foota9e is acquired, it would be severed from Mr. Langenfetd's lot. Mr. lan9enfeld stated the cost for improving this 21 feet was about $500 an� felt it was unnecessary because this property would be part of the roadafdy. Mr. Herrick> City Attorney, stated if this cost was assessed before the title� was transferred, the person acquiring that portion of the property would have to assume the specials. Mr. Langenfeld stated on SLe notice of the hearing for this street improvement, it stated improvements would be asseSSed against the properties according to '.th b nef'ts receiv d H stated his argument is he wouldn't receive any benefit an� t�ere�ore, shou�dn't �e assessed. Mr. Dick Harris, 62D0 Riverview Terrace, stated the City knew the East River Road improvement was in the makin9 For five years and then went and put the im- provements in anyway, and questioned why they do thin9s this way. Mayor Nee stated the City didn't know at the time whether or not anything would take place regarding East River Road. Mr. Harris stated the County was condemrtingthe land. Mr. Herrick, City Attorney, stated that the land was condenned for 20 years before Universifiy Avenue was expanded. Mayor Nee stated, when the plans were drawn, there was no certainty of the East River Road project. . Councilman Schneider felt there is a valid question as to why concrete curbing was instal7ed. Mr. Qureshi asked if the radiuses were installed to match�with the asphalt curbing they have on East River Road and Mr. Langenfeld answered in the affirmative. 61ST WAY: i Mr. Qureshi, City Manager> stated the City has received a letter frbm the Burlington Northern Raiiroad objecting to the type of assessment proposed. Mr. Neron, representing Burlington Northern Railroad, stated he understands � two assessment rolis. were prepared for 67st Way. He stated all they asked is tMat the Council adopt the alternate rotl, realizing that obtaining the right-of-way is part of the cost of constructing the street. Mr. Qureshi stated a normal residential street would require a 50 foof right- of-way and pointed out the City already had 30 feet dedicated from the North as right-of-wdy and the cost of acquiring additional 20 feet to make the right- of-way width of a normal residentiat street �s split with one-hatf going to the residential properties to the North and one-half to the industrial properties South. He explained the additional riyht-of-way was acquired from the raitroad to make the road industrial width and atl this is being assessed to Surlington Northern industrial property to the South. He stated the question here from Bur};ngton Northern Railroad is how the cost for acquiring this additional right- of-way is assessed. `---- - _—_ _ _. _ -- - _ _ _ � 144 PUBLIC HEARING MEETING OF MAY 12, 1980 PAGE 4 Mr. Herrick, City Attorney, stated one of the questions is whether the division of the cost is jusYifiabte, if iY is not going to be divided equalty on each side of the street. Another consideration is if each property 6eing assessed benefits by at least�the amount of the assessment He stated he could see where Burlington Northern would prefer the alter- rtate 6ecause it is a lesser expense, but feels satisfied that the main proposal, as distinguished from the alternate, is defensible, as long as Councii feels the railroad wi11 benefit by at teast the amount of the proposed assessment. Mayor Nee questioned why the cost was high. Mr. Qureshi stated it was 6e- cause the cost for the right-of-way was aimost $28,000. MOTION by Councilman fitzpatrick to receive the letter of protest from the �Burlington Nor±hern Railroad. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousiy. ASHTON AVENUE: Mr. Qureshi, City Manager, stated the assessment figures for Asfiton are only for the westerly one-half of the roadway which has been constructed, and suggested the hearing regarding the East side of the roadway be kept open for nwre research on the facts and costs involved, before any assess- ment is proposed on the easterly portion of the roadway. Councilman Fitzpatrick stated the feeling has 6een expressed before by some of the�residents that they would be willing to assume these costs, if they were getting a fu71 road. Mr. Herrick, City Attorney, stated he didn't see any reason why the street improvement couldn't go fonvard and be compteted during this construction season. He stated he had discussion with the legal staff of Burlington Northern as to whether the City does or does not have to acquire any right- of-way for Ashton. �He stated he takes the position the ri9ht-of-way became dedicated 6y usage. Mr. Herrick stated there was a disagreement with this position by the legal staff representing the railroad, but couldn't see any reason why the improvement cou7dn't proceed even if this question isn't re- solved. He stated the City may have future negotiations with the railroad or the matter may eventually have to be decided in court, Mr. Neron, representin9 Burtington Northertt Rai7road, staYed they have filed a protest on this project. He requested the assessments be eliminated com- pletety until the project has been comp7eted and something�workr•d out with Burlington Northern. Mr. Herrick felt the assessment> at least as it applies to the railroad, � should be left open or continued and that vroutd be his recormnendation to Council. He felt�if they chose to close the assessment hearing, as it ap- plies to the residential properties, this is a separate question. He pointed out, if action is taken on the residential portion of the assessment and the cost of the project increases�, it would mean the Counci7 coutd not go back and assess any additional amount to the residential properties because the assessment roll was closed. Mr. Herrick stated if that is Che case and it turns out there are more assessment costs than what is projected at this time> then the additional costs would have to come from other funds. Mr. Heron requested the assessments for Asfiton Avenue be set aside until the project is completed, He stated, if it is determined the project is completed at this time, then the� are protesting the assessment. Mayor Nee stated he recalled the original proposal was to finish the street and everyone in the nei9hborhood really didn't want this done and agreed to the partial street as a good solution until such time as. the raitroad wanted an industrial street. . -�i i � i "t45 PUBLIC HEARING MEETING OF MAY 12, 1980 � � PAGE 5 Councilman Fitzpatrick stated he felt they didn't want it improved at the cost of $15.68 a front foot. � Mr. Larry Mewhorter, 39 - 62nd Way, stated he woutdn't pay more than the rate quoted at the hearing. He stated he would pay his share> but wouldn't pay for an industrial street that will have access to industrial property. He stated if the railroad doesn't want access to tfieir property, a cul-de-sac . should be constructed. He stated this started out as an industrial street and then signs were posted for no truck traffic. r} �� . Mdyor Nee stated the residents submitted a petition requesting this street � f .: . be posted. ..__.,. MOTION by Councilman F9tzpatrick to receive the protest from Burlin9ton Northern Railroad. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 73RD AyENUE AND COMMERCE CIRCLE: Mr. Dick Harris, 6200 Riverview Terrace> stated he was upset with the quality of construction the City is getting on these projects. He stated he didn't _.. know who was doing the insyection work, but there are pieces of the road that will have to be dug up and redone. He stated the Main Street roadway North of 79th is in trad shape. He felt the City should ca)1 a halt to this type of construction. -- Mr. Harris stated the City is collecting between 25-35% of the cost of the project for administrative and engineering costs and tfiinks for this kind of money, tne developers.should be guaranteed some quality projects. He stated . this is not only one project, but�it is time after time, and felt someone should be out.doing the inspectiorts to make sure the job is being done right. Mr. Mark Burch of the Cicy staff stated he laoked at the� street and some of the curbing on Commerce Circle and agreed there were some problems which would have �-��!� to be corrected before the final mat is installed. He thought the inspection i,. - work on this project was done by Suburban Engineering and pointed out all the �__, samples taken did pass the required compaction tests. I? �i Mr. Harris felt if it is determined that the City has to hire outside engineering firms to do the inspection work, then it is incumbent on the City to make sure the work is done properly. He pointed out a few core samples are taken for testing and what is happening in that spot might not necessarily be true 10 feet away from this area. He felt if it takes an inspector on the job from 8 to 4:30 to get compliance, then this should be done. � � Mr. Qureshi, City Manager, stated, basically, the inspections.are left to the engineering consultants and they do as many as they feei is necessary to certify the job. He felt that in the future the City i�s going to try to do most of the inspections themselves. . 52ND WAY AND INDUSTRIAL BOULEYAR�: . � There was no response from the audience regarding this proposed assessment. ALLEY SURFACING, BLOCK 10> NYDE PRRK ADDITION: There kas no response fran the audience regarding this proposed assessment. 6i5T AVENUE BE7WEEN 4TH AND 7TH STREEiS: Mr. Qureshi, Lity Manager, stated there were no assessments to the property own�rs for this project, as determined by the Council at the M ---- - mee tng. There was no response from the audience regarding this assessm �� PUBLIC HEARING MEETING OF MAY 12, 1980 MAIN STREET FROM 77TH TO 79TH AYENUES: Pa9e 6 Mr. Dick Harris, 6200 Riverview Terrace, asked when the pubifc hearing was held on this i�rovement. Mayor Nee asked if it was Mr. Harris' point that a hearing was not held and-he answered in the affirniative. Mayor Nee pointed out that the public hearing procedure is sometimes waived, if all property owners involved agree to the improvement. Mr. Harris stated, when work was begun on the overlay for this street, he asked when the public hearing would be heid regarding the improvement and the persons he spoke with told him it wasn't going to 6e assessed, but paid out of State Aid funds.� Mayor Nee stated it might have been intended to be paid , from State Aid funds, however, it would be checked. Mr. Herrick, City Attorney, felt the hearin9 0� this item should be continued while the background is researched. MAIN STREET FROM OSBORNE ROAD TO 77TH AVENIIE: There was no response from the audience regardin9 this proPased assessme�t. MOTION by Councilman Schneider to close the public hearing on improvement projects ST 1979-7 and 1979-2, except for the portion dealing with the east- erly nne-hatf of Ashton Avenue and Main Street from 77th to 79th Avenues. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carried unanimously, and the public hearing closed at 10:22 p.m. NEW BUSINESS• RESOLUTI�N�NO. 43-1980 CONFIRMING ASSESSMENT FOR WATER SANITARY SEWER, ANU STORM SEWER MPROVEMENT PR ECT N. 12h . MOTION by Councilwoman Moses to adopt Resolution No. 43-1980. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . RESOLUTION N0. 44-1980 C4NFIRMING ASSESSMENT FOR WATER, SANITARV SEWER AND STORM SEWER IMPROVEMENT PROJECT N0. 728: � MOTIDN by Counci7man Barnette to adopt Resolution No. 44-198D. Secunded by Councilman Schneider. Upon a voice vote> a11 votin9 aye, Mayor Nee declared the motion carried unanimously. � CONSIDERATION OF RESOlUTION CONFIRMING ASSESSMfNT FOR THE ST. 1979-1 AND 2 STREET IMPROVEMENT PROJCET: MOTION by Councilwoman Moses to adopt this resolution with the a�ndme�t that the easterly one-half of Ashton Avenue and Main Street from 77th to 79th Avenues not be part of this resolution. Seconded by Councilman Fitzpatrlck. Mr, Herrick, City Attorney, stated fie would suggest meetings with representatives of Burlington Northern to see if the differences can be worked out regarding Ashton Avenue. Mayor Nee questioned if there would be a probiem in tabling this resolution. Mr. Qureshi, City Manager, stated if the Council is satisfied with the westerly one-half of Ashton, he felt action could 6e taken on this protion of the roadway. Councilman Schneider stated he was concerned with approval of an assessment roll for one side of the street, without the other side corrRleted. Mr. Herrick stated unless there is some advantage to adoptin9 the roll this evening, he thought it could be tabled for a week.� . � � I , � r� l_ � �_. i 14'1 PUBLIC HEARING MEETING OF MAY 12, 1980 � Page 7 Councilwoman Moses withdrew her rtrotion with permission of the seconder, Council- man Fitzpatrick. Councilman Fitzpatrick felt the adoption of the assessment roll shouldn't be held for any length of time where another situation might arise like on � Hickory Street a�d.property owners may have to pay higher costs. MOTION by Councilman Schne9der to table this resolution for one week. Seconded by Cauncilman 8arnette. Upon a voice vote> all aoting.aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Barnette to approve payment of Claims No. 129423 through � 129VO4. Seconded by Councilwoman Moses. Upon a voice vote, all voting. dye>' Mdyor Nee dec7ared the motion carried unanimously. � OTHER BUSINESS: FLs. Virginia Schnabet stated she made a motion at the tast Planning Commission Meeting to have the City Manager come to one of tFieir�meetings and speak with members of the Commission. Ms. Schnabel stated they have some neri mec�bers.on. the Planning Comnission and felt it might be helpful to have the City Manager come and explain the role of the City staff in relation to the Cortmission. Ms. Schnabel stated part of this request is based on her feelings that there have been some negative comments made by Pianning.Commissian members on things staff has done. The Council indicated they had no ob3ection to this request. Mr. Dick Harris, Chairman of the V]anning Commission, felt Counci] might give some thought about the role of the Comnission, as he fel�t sometimes the Comnission gets into areas which he vronders are within their scope. The Council stated, after they finish meetings with the sub-comnittees, they could meet with the Planning Lommission. ADJOURNF�N7: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilman Barnette. Upon a voice vote , all voting aye, Mayor�Nee declared the motion �carried unanimously and the Public Hearing hteeting of the fridley City Council of May 12, 1980 adjourned at 70:47 p.m. � Respectfully submitted, Carole Haddad Secretary to the City Council Approved r� ` � _ William J. Nee Mayor _ . + �_ � � �; .� � � .k x '+ g �,��; , ,`'.„ s��.c :; � r,' , " �. _: s: =� ; ,� � ��,,.� �� . +•` va+n � V ..., r e. .� -'.'y 3-r r `�'r'� , . .r.:,�:: ' X m �,,�� r , x � �i � fr �� x yg .�. 4 `�2"'�Y:Se_f } :�y ��`w`' ;�� } �i R . i �f .. i`+- 9 qW ` z� �S' .i *k 1�� y � � � c � 'g,�'i. °4''�?z r '.e� � � =t ''�4 }.. ' -� �`.,.: . � .< � t �v:� .a' * r k s ,. '��.,, a �Y < �'�� ° 4 h.. �-a � . -.m�.'., . r?sv€R . y � +�� sF} �' '3'S`�5�3� % �. � �� '�� Y�? `T ��y �� r0.'��SY�y,,,. � �! �,h � st. i 4` Y. f � 1 ;� a+G� � *� � � _ � : •- ` {- �� ' �� ' � � � � �;'� ` . � e�: * ...., - ,' , . : , , � '�1rt .Rt��iING {I�;.�#A'� 1�;' i98U ': y {; ;:-�, ,� , � �� r, € " ` = yq? �s.;j f � � � �.. : � ,. s. t �i s r �x+` a m £ � �� . c 'e� �� y � � �� 4 � - .^�ma.?.:; � } r �" �.._.... . .. . . .. .. ..re, ... _� �.: � _ _ 148 iHE MINUTES OF THE CONTINUED BOARO OF REVIEW MEE7ING OF MAY i4, i980 Ma�yor Nee re-opened the Board of Review MeetSng at 7:38 p.m. which was continued fran Mdy 12, 7980. PLEDGE OF ALLEGIANCE: Mayor Nee ted the.Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEUBERS PRESENT: Louncilman Barnette, Councilman Schneider, Mdyor Nee, � I Councilwoman Moses and Councilman Fitzpatrick , � MEMBERS ABSENT: None • Mdyar Nee stated there were several items the Council asked the City Assessor ^v to review�as to the documentation of the market va7ues of certain properties.� � �. He stated a report has been submitted by the Assessor's Office which documents �� the values placed on the properties. ,. � Mr. Herrmann, Ci.ty Assessor, stated four persons did raise a.question�as to the value placed on their property, however, after this was reviewed with them, they indicated they were satisfied with the market value. Mr. Herrmann . asked that these persons be acknowledged in the record and to indicate there were no changes made in the values. MOTION by Councilwoman hbses to note Mr. Grunke> 5598 West Danube Road> Mr. James Johnson, 5657 North Danube Road, Mr. Mike Swenson, 1496 North Innsbruck Drive and Mr. Leonard Foard, 5228 Gierce Street did raise questions and objected to the proposed..value set by the City Assessor. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayo� Nee declared the rtation carried unanimously. In regard to the objections raised at the last meeting> Mr. Herrmann stated a com- parison was made of the value placed on Mr. Iverson's property at 4519 2nd Street and the vaiue of $42,500 was not high compared with sates of other homes in the area which ranged from $52,300 to $58,175. No action, therefore, was taken for an adjustment in the market value of this property. Mr. Herrniann stated no change is recomnended in the value placed on Mr. Westeren's property at 5222 Pierce Street. Ne stated this property was compared with similar size homes in the City and it was found they overe selling at an average of $57,500 and the value placed on this property was $53>100. Ptr. Herrmann stated the home is smaller than avera9e for the area, but because of the area it tends to hold the value at a hf9her level. No action was taken for ao adjustment in the market value of this property. . � Mr. Herrmann stated staff did check Mr. Iskierka's property at 6170 Star]ite Boulevard and it appears there is a problem with the fence at this .location, however, this is not taken into consideration in determining the market value. A caiparison of selling prices for homes in the area indicated Yhe.property is not overvalued, therefore, no action was taken to adjust the market value. Mr. Herrmann stated a study was made of Mr. Lind's property at 1620 75th Avenue N.E., and no change is recomnended as the vatue placed on the property was E50.600 and sales of homes in the area ran9ed at $57,900 and $60>400. No action was taken for an adjustment in the market value of this property. Mr. Herrmann stated Rapid Oil Change> 5701 University Avenue wished their objection noted so thgy could proceed further with their appeal to the Cou�ty. MOTION Ey Councilman Fitzpatrick to receive the objection from Rapid Qil Change> 5701 University Avenue, regarding the proposed estimated market value of their land at $85,200. Seconded by Councilman Barnette. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. CONTINUED BOARD OF REVIEW MEETIN6 OF MAY 19, 1980 Page 2 1� 9 Mr. Herrma�n stated Mr. Haines of Marvin F. Poer and Compaqy presented his appraisal of the Barry Blower pruperty, a Oivision of Wei1 McLain Company, Inc., 99 - 77th Way N.E., and he was to meet with these property owners, since h9s appraisai was about 6% lower than the City's. No action was taken for an adjustment in the market value of this property, MOTION by Councilman Schneider�to adopt the Assessor's proposals for the market � value of the above properties,. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the rtation carried unanimously. (� Councilman Schneider stated he had a concern about the point Mr. �ohnsnn, 5657 � North Danube Road, raised regarding the landscaping for the Innsbruck Villa9es �-_� development. Mr. Flora, City Engineer, stated staff did review the document covering the, landscaping for this development and a letter was sent�to the developer request- �- ing them to give further information on their landstaping plan. Mr. Flora stated . Mr. Johnson�was notified of this action. The Board of Review Meeting adj�ourned at 7:55 p.m. Re5pectfully submitted, Carole Haddad William J. Nee Recording Secretary � Mayor Approved � r� � ��, ��. �� ,.; � �� `� � � __ � °'� �, " �x ; �� : ° : �� P��' � w- ��- :z � , � �� Y' � � � � � . ,�� ,,� � �� ',�t' � ;�"��„� - t � ; ,' � �� "�g � x �� , s: �� ' �� v ,� � � ' �" � ,,.� � �� ' r �: F � �, � . 3` _ ..'. . � . • , -� , , � � , ,. _ � '�' ,.�, ; x ... ., • '.� -Y ^ �z` � �..: . . - � - . .�. .. .. . . - � n ,,. . '. . . . � � � . . . �, : �. �� `TF.1liE REGUL�AR M��i�+tfi (iF THE F&F[?F.EY ��f��if:` OF R1AY 19, 198�. �`�� - , - . � �.3 $ • �s� n� �- � - �,�' � � a� � r� � _ . k ` ;. � _.' ` f;t; Yi' l: �r� T `a�� kfi . '�Y'� 4a`Y . �` �.. e x �� d �� N � � J�� .. `.`S�x"��'S �� %��£`�� x`= '� „�� € � � h,' p ,� �. s � - a k N *.i � � e � �3 � �g . i %i,�. ,w , n m... .� L . W , . __. � , .-_ . . � K � � -F ` x �� t+ �� i'~ �� t ;s.b^ � d . � . . . 150 THE MINUTES OF THE�REGULAR MEETING OF THE.FRIDLEY CITY�COUNCIL OF MAY�19, 1980 The�Regutar Meeting of the Fridley City Council was calted to order, after the Board of Review Meeting> at 7:55 p.m. by Mayor Nee. � ROLL CALL: MEMBERS PRESENT: Councilman Fitzpatrick, Councilwoman Moses, Mayor Nee, .. Councilman Schneider and Councilman Barnette - MEMBER ABSENT: None APPROVAL OF MINUTES: REGULAR MEETIN6, MAY 5, 1980: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Counciiman Fitzpatrick.• Upon a voice vote, atl voting aye, Mayor Nee de'- clared the motion carried unanimousty. ADOPTION OF AGENDA: � � MOTION by Councilman Fitzpatrick to adopt the agenda as submitted. Seconded by Councilwanan Moses. Upon a voice vote, alt voting aye, Mayor Nee declared the motion carried unanimously. , OPEN fORUM, YISITORS: Mr. Uoug Osieczanek, 101 Crown Road, raised a question on the ordinance con- cerning ju�k vehicles. He stated it was ridiculous to make someone buy a license for a vehicle when they were in 6ermaRy servinq with the Anned Forces and the car is in the yard on blocks. Councilman Schneider stated he can sympathize with what Mr. Osieczanek is saying, however, if a car is in a yard up on blocks and it is an eyesore, the�� ordinance does yive the City the right to have.it removed. Councilwoman Moses stated the concern was that�vehicles�shouldn't be around i to create an eyesore for the neighborhood. Mr. Osieczanek stated his nei9hbor doesn't have.ariy canplaints about the vehicle. Mayor Nee explained Mr. Osieczanek has a camper behind his garage that he uses for storage, but otherwise is operable, and he maintains this is not a junk vehicle. .He stated Mr. Osieczanek did not wish to put a license p7ate on it. Mr. Osieczanek stated he would put a license plate on, but would have to go through all the processing with the State and put insurance on the vehicle. Mr. Osieczanek stated he probably has one of the best looking yards in the City, however, when the ordinance was passed,�Mr.-�Olson, the inspector, was right at his,door. Councilman Schneider stated he didn't know the situation with Mr. Osieczanek and Mr. Olson, but would hate to create an exception�to an ordinance which he believes, if enforced properly, is beneficial to the entire City. Mayor Nee stated apparently Mr. Osieczanek received a notice to abate in 14 � days. The other question raised-by Mr. Osieczanek concerned his pheasants. He stated a notice was received from Mr. Olson that he was too close to the lot line. He exptained both of his neighbors do not object to the pheasants. Mr. Qureshi, City Manager, suggested additional facts and inforrnation be ob- tained with a report back to the CounciL Mr. Osieczanek asked if he had to cortply with the ordinance now as far as re- moval of the truck. Mayar Nee�stated he would like�to see staff's report and he would get back to Mr. Osieczanek on this matter. I � I � I 151 REGULAR MEETIN6 OF MAY 19, 1980 . PAGE 2 OF Mayor Nee re-opened this public hearing on the Easterly one-half of Ashton Avenue and Main Street from 77th to 79th Avenues. � Mr. Qureshi, City Manager, stated it was found a publ�ic hearing from the im- � � provement project on Main Street from 77th to 79tfi Avenues was not heid, �' therefore, it is reconmended this not be assessed and the improvement paid �� for out of funds for the City's overlay program. �� In regard to Ashton pvenue, Mr. Qureshi�stated the City has met with repre- sentatives of the Qurlington Northern Railroad, and the recommendation of the City Attorney is that the hearing be held open on the issue of the assessment of the easterly one-half of Ashton. He stated, hopefully, the issue v�ith the+ Burlington Northern can be resolved and construction completed wiihin next couple of months. - Mr. Brunsell, City Clerk, stated he would like the hearing closed for the balance of the project so that an assessment rolt can 6e sent to the County. He pointed out, if Ashton Avenue is completed, it wouldn't affect the pro- perties on._the West side, but only the railroatl property on the East side. Mayor Nee pointed�out�the Council is considering whether or nnt the proposed be�efit> as submitted by the staff, is reasonable on the West side of Ashton Mr. Qureshi, Ci�ty Manager, stated if the Council adopts the assessment roll, it�actually establishes the costs for the westerty side of Ashton and the price residential properties in the area would pay for the improvement. Mr.�Heron> representing the Burlington Northern Railroad, requested the � assessments be deferred until such time as the project is corpleted. He stated, since the City Attorney is meeting �,�ith representatives of Burtington ��! NorChern, it is hoped some agreement could be reached and.the entire project �. completed, and then assessed, according to the City policy. � F1ayor M1ee asked if he was proposing the west side of Ashton not be assessed � at this time. Mr. Heron stated he is requesting that the entire Ashton Avenue � project not be assessed. � . MOTION by Councilman Fitzpatrick to close the public hearing on the assessment-� � rn71 of�a portion of ST. 1979-1 and 2 Street Improvement Project (f4ain Street , from 77th to 79th Avenues), with the exception of the East side of Ashton , Avenue which is to remain open. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, f4ayor Nee declared the motion carried unanimously and the � public heariny closed at £3i20 p.m. . OLD QUSINESS: � RESOWTION N0.�45-19£30 CONFIRMING ASSESSMENT FOR THE ST. 1979-1 and 2 STREET IMPROVEP1ENT PROJECT TFBLED IdAY 12, 19£30 : . Mr. Qureshi, City Manager, stated this resolution could te adopted, if it is amended to omit Main St�•eet from 77th to 79th Avenues, and to delete the East side of Ashton Avenue. � � MOTION by Councilwonian Moses to adopt Resolution No. 45-198D with Main Street '�. from 77th to 79th Avenues omitted and the deletion of the East side cf Ashton ��. Avenue. Seconded by Councilman Schneider. Upon a voice vote, all votin9 aye, '. . 1�1ayor Nee declared the inoti.on carried unani�mously. CONSIDERATION OF VARIANCES�UESTED BY NEOEGAl1RD CONSTRUCTION COMPFf�Y, 4526 - 2ND STREET �ABLtO MARCH 5, 197�: Mr. Qureshi, City Mana9er, stated since tliis request was tabled by the Council> khe applicant, Mr. Nedeyaard, has obtaineG t,vo additional feet of land which would result in a reduction of the side yard setback and lot square footage variances. - 15 `l REGULAR MEETING OF MAY 19, 1980 � PAGE 3� The variances now required would be a reduction in the lot area from 7,500 square feet to 5,418 square feet; a front yard set6ack from 35 feet to 30 feet; side yard setbacks from 10 feet to 6 feet and 13 feet to 12 feet; and floor area from 1,020 square feet to 960 square feet. Nr. Qureshi stated the result is now two chanyes made from the original request since the acquisition of the additional.property. He pointed out the neighboring residents support the variance and elimination of the existing structure to re- move an unattractive, unsanitary health hazard. MOTI�! by Councilman Fitzpatrick to grant the variances, which are reduced from the original request, as follows: (1) Reduce�the�lot area from 7,500 sq. feet to 5,418 sq. feet; (2) front yard setback from 35 feet to 30 feet; (3) side yard � setbacks from 10 to 6 feet and 13 to 12 feet; and (4) floor area from 1,020 sq. feet to 960 sq, ft. for the reasons that there is an existing structure on the lot which is unattractive and a nuisance and health hazard and that this new structure would be compatible with other properties on the block having a•lot size of 40 feet and, further, the variance has not been objected to by the ad- jacent residents. Seconded by Councilman Barnette. Upon a voice vote, all voting aye> Mayor Nee declared the motion carried unanimously. � ORDI�NANCE N0. 711 ON REZONING ZOA H80-01 ROBERT SCHROER: ..... MOTION by Counci7woman�Moses to waive the second�reading of Ordinance No...711 and adopt it and order publication. Seconded by Councilman Schneider. Upon a voice vote> all�voting aye, M�yor Nee declared the motion carried unanimously. NEW BUSINESS: CONSIUERATION iJF USE OF COh4�10N5 PARK FOR SOFTBALL TOURNAP7ENT - REQUEST BY BOB'S PRODUCE RANCH TEAM: - � . Dr. Boudreau> Parks 8 Recreation Director, stated the Council has authorized four tournaments throughout the year using City faciTities and these have been operated.by non-profit organizations, however, only two organizations decideE to host a tournament this year. � � J Dr. Boudreau stated a request was received by Mr, Larry Hartman, representi�ng Ithe Bob'�s Produce Ranch Team, to host a tournament the weekend of August 9-10 � at Commons Park. Since this has not been the City's policy in the past, the request was submitted to the Parks and Recreation Comnission for their consid- eration and.is now before the Council. Dr. Boudreau�stated if requests are � a� approved ior indivldua7 teams to host tournaments, the City could conceivabTy �� have 103 other teams making a similar request and possibly put the City in a f position to develoQ criteria on which teams would be able to sponsor a tourna- i ment. Councilman Schneider questioned what arguments were made for having this tourna- ment. �r. Boudreau stated the question addressed by the Parks and Recreation Comnission was that only two tournaments were going to be held this year, in- stead of the four, and since there were no..objections, to grant approval of� the request on a"test" basis for a one year period. 7his motion resulted in a tie vote before the Parks and Recreation Coimnission, with 2 in favor and 2 opposed. Dr. Boudreau stated.one of the points mentioned was this was an individual team who stood to make a profit frqn holding the tournament, with tfie proceeds going to one team, He felt this might be considered a negative point, but, on the other hand, it might give Fridley an opportuoity to be represented in a National tournament. Councilman Barnette questioned the objections. Qr. Boudreau stated if the re- quest is approved, they would, in fact, set a precedent. He pointed out�individual teart�s could apply to hold tournaments in the City and the City could face the situation of having 103 different requests from teams to holtl tournaments every weekend. Ne fe7t it has been the City poticy the weekends, at teast, should be open for residents to partfcipate in activities at these fields. i ; � � i I ' , ; � 153 REGULAR MEETING OF MAY 19. 198� PAGE 4- Councilwoman Moses asked �r. 6oudreau if it was his recommendation the request be denied. He stated staff doesn't have a strong recommendation one way or the other. -He stated they are looking for a policy, as the past policy was only four tournaments were held in the City in any one year and individual teams haven't been allowed to host a tournament using City facilities. � Councilman Barnette asked if all costs would be 6orne 6y the sponsor. Or. Boudreau stated the City would have s.ome cost in the use of the li9hts and equipment. � Councilman Fitzpatrick asked if it has_been the�policy i.n the past to have Ci�ty ,�... personnel present at the tournaments. Dr. Boudreau stated, according to the �' Plinnesota Recreation and Park Association, they have to pay in order to be �, sanctioned and a member of the Association o-iould 6ecome the tournament supervisor. ��' He stated, in the past, they have requested aqyone sponsoring a tournament obtain an off-duty or regular police officer to 6e zt the park. � Mr. Herrick,�City Attorney; fielt if there has been a�policy in the past for,having fow• tournaments, it coutd probably be handled by indicating preference would be given first to civic, non-profit organizations and if there are not four tourna- ments froin thzse organizations, to allow some other sponsor. Mayor Nee questioned if many complaints were received on weekend tournaments. Dr. 6oudreau stated he was sure Council is aware of the coinplaints received on the use of the fields and parking problems and believed this was one of the reasons they try to reduce, whenever possible, the use of that facility. Mayor Nee asked if he thought the proceeds from the tournament �aould 6e split with the Park Department. Dr. Boudreau explained there is a$100 deposit fee and, 9enerally, the sponsor has been very generous to make a donation of some � piece of equipment that ��dould be put back into the facility. He stated this team has indicationed they are willing to do this, however, they. have not been approached on the question of splitting the proceeds. MOTIOY by Cowictilman Barnette to approve the request from Mr. Larry ktartman fcr Bob's Produce Team to sponsor a softball tournament,.with the understanding � that it is for one year onty and a simila� rnquest next year would have to be ��i considered separately. Seconded by Councilman Fitzpatrick. Upon a voice vote, ,__, all voting aye, t4ayor Nee declared the motion carried uttanimously. � 1 . I i : ON SPEC Mr. F1ora, City Engineer, stated staff has. reviewed this request and has no� ubjection�to a three year renewal of the special use permit.� � �- I40TION by Councilmari Schneider to grant the renewal of special ❑se permit, SP q7�-16, for a�three year period. Seconded by Councilman Fitizpatrick. � Mr. Harris, Chairman of the Planning Commission, stated the ordinance requires that a special use permit goes through the Planning Commission.for.a public hearing. fle requested an opinion froin the City Attorney if a hearing was neces-� sary for the renewaL � . . � Mr. Herrick, City Attorney, questioned if the permit had a termin�tion date. Mr. Ftora stated�it would expire on June 26 and it has been renewed since 1969. Mr. Nerrick stated if there is an actual termination date on the present per- nit, it probably should go throu9h the public hearing process. � Councilman Schneider withdrew his motion, with permission of his seconder, Councilman�Fitzpatrick. � NOTION by Councilman Schneider to refer this item to the Planning Commission for recommendatian. Seconded by CouncilR�an Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaninously. _._... ...__-- .._ .._._ ...._ .____ ....._ . .___ ..._. ._�._�i 154 REGULAR MEETING OF MAY 19, 1980 � � PA6E 5 RECEIVING PLANNING COMMISSION MINUTES OF MAY 7, 1980: CONSIDERATION OF JOINT POWERS AGREEMENT WITH ANOKA COUNTY REGARDIN6 CKE PARK: Councilman Schneider�stated the agreement does not contain the items recom- mended by the Comnission. . � Mr. Qureshi, City Manager, stated initially this item was discussed with the . Parks and Recreation Cormnission and they approved the agreement approach -� with one dissenting vote. � Mr. Qureshi stated what is proposed in the agreement submitted is the City would essentially maintain control of the park and the County would. take care of the maintenance of the park because the rationale is that this park is being used by others than just City residents. .� . . Ne stated the ori inal a reement was ' '��-�' g g presented to City Council on April I1, , 1980 and the next time it was presented, it incorporated all the recommenda- � � tions of the Parks and Recreation Comnission made on April 3, 1980. �, Mr. Qureshi stated his feeling is the agreement now before the Council, as shown on Pages 7J throu9h 7Q of the agenda book, is probably the best the City can hope for and he is not sure if the County coutd be enticed to accept this type of agreement. Councilman Schneider asked about the Planning Comnission's recomnendation under Section III-A, items 1 through 4. He felt what the Comnission is suggesting i�s maintenance routinely so that there is an actual schedule for the maintenance and the agreement reads maintenance on a routine schedule... . Mr. Harris, Chairman of the Planning Commission> felt the way the agreemant was � worded maintenance would be at the County's discretion.and�.the �oianission wanted � to insure that maintenance was done on a scheduled or set basis. . '. 1 Mr. Qureshi stated� he didn't have any problem with the Commission's recommenda- � I I tion to provide "maintenance routinely on a schedule", for items 1 and 2 undeJ� 1 i Section III-A. Mr. Harris stated the Commission's concern under item 4, Section III-A, was .� that the County doesn't indiscriminately cut trees. , Mr. Qureshi stated staff feit it was rtare of a cooperative effort and what has �happened in the past is the City marks trees for removal and the County then �� removed the trees. ' Mayor Nee asked if staff had any problem wiih the Commission's recommendation on �. item 4. Mr. Qureshi stated this could be changed�to coincide withthe Planning . Cortmission's recomanendation. - - � � � �� Mr. Qureshi stated the Commission's recomnendation to add an item 10 under Section III-k, pertaining to an annual meeting, he felt, was covered under Section V, Capital Improvements which indicates the City and County will meet periodicalty to discuss and review the work and development plan. He explained, in order to make any physical improvements, the County would need concurrence by the City. Mayor Nee stated the Cortmission is saying to meet "annually" and staff is say- ing to meet "periodically", � Mr. Harris stated the Comnission felt they wanted at least one meeting a year between the City and County to obtain an annual report on the condition and progress of the park. P,EGULAR MEETING DF MAY 19, 1980 PAGE 6 Mr. Qureshi fett this �vas more in the adininistrative area of providing mainten- ance. He stated when the County sets policies or has any developmznt planned, the ayreement clearly provides they need approval.of the Council. He felt this shouldn't be in the agreement as it might tend to discourage the County to ap- prove i.t. - � Councilawn Schneider stated there are cost 6enefits to the City, if the County approves the joint powers agreement, but one of his concerns is if they are re- � moving local facilities away from the residents of the City. He felt if there ; are soine checkpoints, it would be possible to sit dorm and talk with them about i; it. Mr. Qureshi felt if it was the desire of the Council and County to meet on �- any issue, a meeting could be requested. � . ; ; I I I , i 1.55 �: Councilman Schneider stated in back of his mind is the question if they �oant to remove the�facility, indirectly, from the people who may want to come to the Council if there is a complaint or does the Council want them to go to the C'ounty. I4r. Qureshi stated they would still come to the Council to express their needs and concerns. Councilman Fitzpatrick stated there is the provision that this agreement could be discontined at any tiine if this doesn't work, and if it does, it would be saving the City $50,000 in maintenance costs for a park that is used greatly by persons outside the City. Mr. Qureshi felt the agreement is� now at a tevel where it can be presented to the County, recoynizing there are no assurances they would accept it. Mr. 4ureshi stated the recommendaS.ions of the Flanning Commission re9ardin9 the niair.tenance and concurrence of the City's Tree Inspector regarding disease con- trol programs could be incorporated into this agreement, but didn't feel it was necessary to include the recommendation regarding meeting with the County Board. He felt maintenance does corae under the control of staff, but Council would have control on ap4:roving any faci7ities that would be 6uilt on the park land. Mr. Harris stated there u�as one other item that was discussed by the Planning Commissicn regarding item 5, Section III-A relatirig Co the County payin9�utility costs. He poir,ted out the City does have lighted ball diamonds and it warn't the Commission's intention the County pay for these lights. Councilman Schneider stated he was willing to support this agreement, 6ut wanted to air his concerns that he has some reservations, but could try it for a year. Councilwoman htoses stated several persons have mentioned they don't feel com- fortable about going to Locke Park, uniess they are with�a group. She questioned what patrol the park would have with this agreement. Mr. 4ureshi stated, hopefuTly, this agreement would provide some more patrol by the C.ounty. He stated the City would continue the same level of patrol they noia have at the park, but if the agreement is approved, there �vouid be assistance fro�n Che County in that area. MOTION by Councilman f3ai•nette to approve the joint por�ers agmement with the following changes under Section III-A, items 1, 2 and 4. Unders Items 1 and 2, the Planning Convnission recommendation should be followed to provide "mainten- ance routinely on a scnedute" and in Item 4, the mord "cooperation" should be cnanged to "concurrence". Seconded by�Councilman Fitzpatrick. Upon a voice vote, all votir,g aye> Mayor ldee declared the motion carried unanimously MOTIOPd by Councilman Schneider to receive the minutes of the Planning Commission Meeting of May 7, 1980. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Piayor Nee Geclared the motion carried unanimously. �. __._ .. ..... . . _..___ .__ ... ... _ . _. _ ... ... __. . _ _._. . . _.. . .__ .. ... .: 1 5 G REGULAR MEETING OF MAY 19> 1980 PAGE 7 RECEIVING CIVIL SERVICE COMMISSION MINUTES OF MAY 8, 1980: - MOTION by Councilman FiYzpatrick to receive the Civil Service Comnission minutes of hlay 8. 1980. Seconded by Councilman Schneitler, llpon a voice vote, all voting aye, Mayor Nee declared the motion�carried unanimously. MOTION by Councilwanan Moses to adopt the above resolutions. Seconded by Counciiman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NARY PLANS. SPECIFICATIONS AND ESTI- Councilman Fitzpatrick stated a request was not received for the improvement of California Street, but there is a statement.they are not interested. I I Mr, flora, City Engineer, stated a request was received to pave 41st Avenue and this wou]d leave on]y one residence without a paved area, therefore, staff added this item since it r�ould be quite expensive to go back and comptete at a later date. Mr. Qureshi stated it was felt these persons should come to the hearing sinc� 1� this is the only dirt street left in the City. �'�, Councilman Fitzpatrick stated 'ne had no objection to considering this item, however, he wanted to point out a request wasn't received for California _ Street, but�rather a negative response. - � _ Counc57woman Moses asked when the request was made for the improvement of Slst Avenue from University to Main. Mr. Qureshi stated they have a request from both Mr. Flanagan and Mr, Schroer who cohstitute 50% of the property owners. Mr. Qureshi stated he felt strongly the road should be completed to Rancher's Road, but to hold the hearing to see if it should proceed further. MOTION by Councilwoman Moses to adopt tfie above reso7utions. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, hi�yor Nee declared the motion carried unanimously. RESOLUTION N0. 51-1980 ORDERING IMPROVEMENT, APPROYAL OF PLANS AND ADVERTISING FOR BIDS: STREET IMPROYEMENT PROJECT ST. 1480-10 SEAlCOATING : Mr. Qureshi, City Manager, stated this is the program the City has to sealcoat all streets every five years, if it is needed. MOTION�by Councilman Schneider to adopt Resolution No. 51-1980. Seconded by Councilwanan Moses. Upon a voice vote> all votirig aye, Mdyor Nee declared tbe motion carried unanimously: _ - ----- - 1 I ; REGULAR MEETING OF M11Y 19, 1980 PAGE 8 RESOLUTIOtd N0. 52-1980 TO ADVERTdSE POR A MOTOR FIRE APPARATUS SPEC. �FD 80-I-� TRIPLE COPiQINATIOf� 1250�GPM FUMPER: � Mr. Ridrich, Fire Chief, stated he fe14 this equipnient for the �ire Department would cost from $85-$90,000, instead of the cost anticipated at budget time of $75,000. � � � Nr. Aldrich stated soine of the paid and volunteer members of the Fire Depart- ment worked on the specifications, which he has reviewed, and felt an earnest j�� effort was made to hold down the cost of this equipment. He stated some new ; �technology�was incorporated and they also tried to come up with a higher safety '� factor for the persons operating this machinery. . Mr. Aldrich stated some�of the paid and volunteer members of the Fire Depart- � ment worked on the specifications, which he has revie�aed, and felt an earnest effort was made to hold doum the cost of this equipment. He stated some new technology was. incorporated and.they also tried to come up with a higher safety factor fior the persons operating this machinery. � Mr. Aldrich stated the unit this equipment would replace is 37 years oid and they are looking at a minimum of 20 years of full service frori the neo-r equip- ment, with 10 years use as a spare. � MOTION by Councilman Schr,eider to adopt Resolution No. 52-1980. Seconded by Councilv�oman thoses. Upon a vo�ice vote, all votting aye, Mayor Nee declared the n��otion'carried unanimously. RESOLUTION N0. �53-1980 TO�ENTER INTO AN AGREfMFNT WITH THE STATE OP h1INNESOTA, DEPARIMENT OF PUBLIC SAFETY, TO PROVIDE ShlSPECTION SERI�ICES: Mr. Aldrich, Fire Chief,.sta.ted this Fire agreement represents a real benefit te the City in that the City becomes the bene•`actors for people ir�volved in fire inspection work. He stated the City, in turn, must agree to inspectien � of the ho*als and motels in Fridley. He felt the schoot where the inspector . receives this training i�s one of the best on codes and enforcement. `� MOTION by Coimcilman Fitzpatrick to adopt Resolution No. 53-1980. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee cie- clared the motion carried unanimously. RESOLUTION N0. 54-19£30 TO DSSPOSG OF CERTAIN EXCESS PROPERTY: fAOTIUP� by Councilman Fi�tzpatrick to adopt Resolution Plo. 54-1960. Seconded by Councilman Schneider. Upon a voice vote, all votiny aye> Mayor Nee de- clar�ed the �notion carried unanimously. � 15Z CO�JSIDERATION OF ISSU.4NCE OF EPJTER7l1INt4ENT LICENSE TO CANTERBURY PUB: - hir. Lenhart, the operator of the Canterbury Pub, appeared before th2 Council ��regarding his entertainment license. Mayor ilee stated the Police �epartnient has recommended the entertainment � licensr. not be renewed based on convictions of violations�of City ordinances. Councilv:oman Moses questioned violations regarding teenagers drinking in his establishment. Mr•. Lenhart stated this was not true and he has L�.vo men hired � to check identificatim�s. He stated police officers did-come into his establish- m�nt, but didn't check identifications. Counci'Iwoman Moses questioned his violation of Section 706.04 of Ordinance No. 644; as she felt this is the basis for denial of the entertainment license. Mr. I_enhart stated he went to court on these violations and was given the chance 1:o clean up the act. Mayor Nee stated Council m�mbers��have seen photographs taken on two different dates regarding the violations. . ; i " 158 REGULAR MEETING OF MAY 19, 1980 .� PAGE 9 Mr. Herrick asked Mr. Lenhart if it was his position that the entertainment provided at his estabtishment does not violate the provisiors of the ordinance. Mr. Lenhart stated not now, since he went to court in April. , Mr. Herrick stated the dates the violations the Police Department refers to are � December 3 and April 7. Mr. Lenhart stated there were no convictions�on April 7. Mayor Nee stated April 7 was only a surveillance�by the Police Department. Mr. Herrick stated he felt the Council would have several alternatives either to deqy the license or to suspend it for a certain period of time. Councilman Barnette asked Mr. Lenhart if the entertainment license was den9ed, I if he would continue to operate with the-food and liquor. Mr. Lenhart stated , no food is served, Mayor Nee asked Mr. Lenhart if tfie Council�coutd get an agreement there wouldn't be any violations of the entertainment license. Mr. Lenhart stated they aTready have as he is on porbation for six months. � Mr. Herrick asked what he was told by the judge in court. Mr. Lenhart stated as long as there were no more instances, the charge would be dropped in six months. Mr. Qureshi stated if it is the desire of the Council to get more data, this item could be continued to the next meet9ng. � MOTION by Councilman Fitzpatrick to tab7e this item to the next Council meetin9 on June 2, 198D. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousty. In view of the fact the entertainment license.would expire> the fo7lowing action was taken: . MOTION by Councilwoman Moses to extend the entertainment license for the Canter- '�. bury Pub to the next Council meeting on June 2, 1980. Seconded by.Councilman '�. Fitzpatrick. Uoon a voice vota, all voting aye, Mayor Nee dec7ared the motion ; carried unanimousty, i I LICENSES: � � � ! MDTION by Councilman Fitzpatrick to approve the licenses as submitted and as on fite in the License Clerk's Office. Seconded by Councilwoman Moses. Upon a voice vote, all�voting aye, Mayor Nee declared the motion carried unanim�us]y. ,� ' CLAIMS: . � � MOTION by Councilwoman Moses to authorize payment of Claims No. 108522 through 136Z03. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ESTIMATES; - MOTION by Councilman Schneider to approve the estimates as submitted. Smith, Juster, Feikema, Malmon & Haskvitz 1250 Builders Exchange Bldg. . Mpls., Minn. 55402 . . , For legal services rendered as Prosecutor �� during April, 1980 $ 2,340.00 Talte, Herrick & Munns 316 East Main Street Anoka, Minn. 55303 -� For legal services rendered as City Attorney durin9 � the month of April, 1980 $ 4,271.60 � i '. � �_ � � ` �I I _ ___ 1 t5� ' REGULAR ME[TIIJG OF MAY 19, 1980 PFlGE 10 ESTII�fATES (continued) Halvorson Construction 4227 - 155th Avenue N. E. � Wyoming> Minn. 55092 � Partial Est. q2 - 1980 Misc. Concrete Curb & Gutter Contract $ 1,230.00 Seconded by Gouncilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: . M�TION by Councilman Barnette to adjourn the meeting. Seconded by Ccunci7marY Schneider. Upon a voice vote, all voting aye, Mzyor Nee declared.the motion carried unanimously and the Regular Meeting of the Fridley City Council of May 19, 19&0 adjourned at 10:12 p.m. Mayor Nee stated the Council would be meeting with the Energy Commission and the meeting was open for anyone who wished to attend. Respectfully submitted, Carole Haddad Secy. to the City Counci7� Approved: � William J. Nee Mayor : ... .__._ ...... _. ._.__ _ ....... _......_ ' .___ ._._� J ` v ry'�a�04p�\: ., •, �r ;•�ry' ��,� � y r ltr : '.ip5�_p�''I TE MAy 2 ;UBJECT POLI�E DEP�16'3TIVlEi�lT E�T City of Frid9ey Minnesota TO •'�,�; :�, NASIM M. QURESHI, CITY MGR. ENTERTAINMENT LICENSE DENIAL CANTEBURY PUB - This is to advise you that the Police Department has recommenfled denial for the renewal of an Entertainment License at the Cantebury Pub, 6474-81 University Avenue Northeast. The name of the applicant is John T. Lenhart. 1 INFO X '" The reason for the denial is based upon violations of City Ordinance Number 644, Chapter 607, which relates to Entertainment License, � Prohibitions and Penalties. Under Section 607.05, PenaZties, it states, in part, "violation of this ordinance shall be grounds for revocation !'1 ar suspension of any and all licenses held on such premises." � C� r Based on several phone complaints from members of the public, including parents of teenagers regarding alleged violations at this establishment, the Police Department conducted an investigation and surveillance of the acCivities to determine if the violations were valid. Based on the � Police Department investigation, two employees of this establishment were charged in direct violation of this ordinance along with the � license holder, on December 3, 1979. All three individuals cited f�r � 3, ordinance violations have pZead guilty. Prior to a guilty plea by the ��' applicant on the December 1979 charge, our City Prosecutor had been assured that violations had ceased to exist. On April 7, 1980, the Police Department again placed this establishment under surveillance. �. Based on Police observation, it was concluded that violations were still '' occurring. No charges have been placed on the April 7, 1980 violation . since this information was used to suppert the original December 19?9 violation in court. It is requested that City Council concur with.the Police Department's recommendation that the Entertainment License Application be denied. 2 do not have any strong personal recommendations regarding other licenses held by this establishment such as food and beer. It may be Counoil's desire to allow the business to continue to operate simply without the entertainment aspect, or Council may desire to suspend all licenses. `<,' JPH/Sh .` . I • � I O`. f � . � � � ! � ; � i � � /� CiH1 ,:: a � ; �. � ORDINANCE N0. 644 AN ORDINANCE ESTAltL1SIIING CHAPTER 607 OF THE FRIDLEY CITY CODE ENTITIED ENTERTAINMENT U CENSE AND REPEALING CHAPTER 604 ENTITLED TAVERN OF THE LITY OF FRIOLEY C(l0E � 7HE CITY COUNCIL OF THE CITY OF FRIDLEY WES ORDAIN AS FOLLOWS: SECTION 607.01 Entertainment Oefined Entertairvnent as herein used is defined to inc u e, uY not e imited to, music, singing, plays, dancing eifher by the public or oerformers, motion pictures, exposition, perforriance, mate or female reviews, fashion shows, TV other than regular public channels, concerts, or any other deliberate act intended to amuse or - entertain patrons and/or emptoyees. � � . � . � SECTION 607.02 Entertainment License Required No person operating an establishment .� in the business�of sellirg , permitting to�be displayed or consumed, an i�toxicating liquor or non-intoxicating mait liquor, shall permit ., . any entertaimnent of the premis0s without having secured a�license to permit such.entertairment from the City Louncil. � Licenses issued pursuant to this Chapter are not transferrabTe between � persons. Such licenses may, however,�be transferred to a ner� lacation- � � ��under the�same ownership, upon approval by the City Council.. -. Said license and fee shall be in addition to any iicenses required for the establishment's operations. The annual license fee and expiration date shall be as provided in Chapter 1T of this code. , SELTION 607.03 Restrictions Holders of an entertainment license shall be subject to a-11 the regulations and restrictions contained in this code �� - and any violation may be grounds for the cancellation of said license if the�City Louncil shall so determine. , �� SECTION 6D7.04 Entertaimment Prohibitiens It shalt be unlawful and no entertainment icense shal be held at any establishment in which any person is atlowed to: 1. Remain in or upon the premises who exposes to public view any of his/her genitals or anus, except when the genitais or anus are-covered with opaque cloYhing. � � Z Perform or simulate sexual acts, or make physical contact with another's sexual parts of the human body. 3. Show films, or other visual reproductions depicting entertairenent rrhich if done by a person-on ttie premises would be prohibited by this ordirance. 4. Expose to public vie�r any portion of the female breast below 2he top of the areola except where the female breasts are covered with opaque materiaL SECTION 607.05 Penalties Every person who produces, promotes, prepares, solicits, manages, directs or participates in any entertainment cootracy to ' � tbe�provisions of this ordinance shalt be guilty of�a misdemearar� and subject to all penalties proviGed for such violation under the provisions of Lhapter 901 of this Code. Yiolation of this ordinance sfiaTl be grounds�for revocation or suspension of any and all licenses held on such prenises. -� SECTION 607.06 Repea7 Chapter 604 of the Fridley City Code is hereby repealed. . PASSER AKD ADOPTED BY THE CITY LOUNCIL OF THE CITY OF FRIDLEY THIS 78TH DAY OF APRIL. 1977. ' ATTEST: - N . UNS First Reading: April 4, 1977 Second Reading: April 18, 1977 Publish.......: April 27, i977 MAYDR - WILLIAM J, NEE � e � e 0 � a � _._ .J , . -a,;{.F- ` POLiClE D�PA�i9�iE4l�T � F. '; '�' j•s'y City ot �ridley � ` � � `` Minn.esata DATE �Y 2� 7980 _ SUBJECT � �.� � Canterbury Pub License Applications �,E c;� :• �i TO J. P. Nill, Director In light of recent problems at the Canterbury Pu6 (see case file �79-89656), I am recommending that John L. Lenhart's applications for entertainment and food licenses be denied. The amount of money received as license fees by the City irt no way compensates for the expense of investigating the complaints received relative to the type of entertainment being offered at the Pub. lJith the City having knowledge of the type of entertainment bei�ig offered, it amounts to hypocrisy to grant yet another )icense to further the practice. - � INFO : X— Receip•: tio. `> / � � o �,�+ . License No. t C . • CtTY OF FFl10LEY� � SUBJECT - � �� Fi439 UNIYLRSITY AVC. N@. � FRIOLEY, MN. 6543C f6'17t1,67'1-3430 LICENSE APPLICATION -� TO THE CI7Y COUNCIL OF FRIDLEY, MINNESOTA: , • The undersigned hereby makes application for �new or renewal licenses to operate a business in the City of fridley as noted on Pa9e 2 of this application. Location at which business is conducted: 6479-81 University Ave. N.E. Business name: Canterbury Pub Name of applicant: hn T. Lenhart Name of individual, partnership, corporation or association. Address of applicant; - Telephone: Business: 571-6953 Applicant s: 533-9699 6irthdate of Applicant: If individual �. IF A CORPURFlTIOt� PLEASE CO?iPLETE Ti!E F�JLLOWING: . President: � • �. �� lice Presi ent• S t ecre ary. . 7reasurer• � _. � � Fee: Amount Enclosed: /p,s Date:y � u See attached iist. License Expires April 30, 19 8? . NU tICENSES ARE TRANSFERABLE Comments IF CERTIFICATE OF INSURANCE OR ENDORSEMENT I5 REQUI CITY CODE, PLEASE ENCLOSE. � � n � r BY THE i . , FLEASE NOTE: SECTION I1.11: PENALTY FOR LkTE PAl'MENT IN EFFECT. � ; fOR CITY USE ONLY: Nealth Inspector: By Fire Inspector: By Pub. Safety Dir: By Bldg. Inspector: By '� City Council: Approved r Denied: • � Denied: Date: 7��-� Denied• Date• Der,ied:�Date: - - � i Denied• Date• ; te: V��t ' �{ ' r a� , ,, . . r' . ' /Type of License: � � PLEASE CHECY. THE LICENSES YOU ARE APPLYING fOR Bil]iards BowTing Alley Cigarette Machine Cigarette Retail Christmas Tree Lots Drive In Theater X Entertainment . X Food Establishment Food Vehicle G1fC 0 ourse Hote1, Motel Junk Yard E"''� Private 6as Pump !�T— Refuse Hauler Retail Gasoline Sales Sauna Vendiny Machine Pop Candy Hot Drink Coid �rink Sandwiches Soup - Pastries Crackers ` Other TOTAL MACHINES 0 License Fee: 1D 0 Code Number: �40.00 Ist table; $10.00 ea. addn. • �25.00 plus $5.00 each lane E12.00 per machine $12.00 per location �100.00 per season plus $100.00 deposit �G50.00 . �70.00 � . .. $35.00 - • �50.00 lst vehicle; $5.00 ea, addn. $36.00 �100.00 plus $5.00 per unit �275.00 �20.00 per location � $50.00 lst vehicle; $15.00 ea. addn. $60.00 per service station $425.00 $15.00 per machine x $15.00 = $ i Business name: Canterbury Pub C✓-� PLEASE RETURN THIS LIST WITN APPLICATION. Yearty fees unless otherwise specified. ' 27 .15 12 12 21 702 607 1�11 111 25 2G 24 13 113 13 !16 111 2 CITY OF FRIDLEY YLANNING CO1�P9ISSION MEETING, MAY `21, 1980 CALL TO ORDER• Acting Chairperson Langenfeld called the May 21, 1980, Planning Commi.ssion meeting to order at 7:38 p.m. •� ROLL CALL• Members Present: Mr, Harris (arr. 7;39 p.m.), Mr. Treuenfels, Mr. Oquist, Ms. Gabel (for Ms. Schnabel), Mr. Langenfeld, Mr. Wharton Members Absent: Ms, Hughes . Others Present: Jerrold Boardmaa, City Planner - Isabelle & Duane Motzko, 240 Ely St. N.E. � Ken Brustad, 272 Sly St. N.E. APPROVAL OF MAY 7, 1980, PLANNING COhR�ffSSIOId MINUTSS; MOTION by Mr: Oquist, seconded by Ms. Gabel, to approve the May 7, 1980, Planning Co�ission minutes as written. Upon a voice vote, all voting aye, Chairman Harris declared the motion carried unanimously. 1. PIIBLIC HEARING: REqUEST FOR A SPECIAL USE PERMIT SP �I+SO-03, DUANE MOTZKO: Per Section 205.051, 2, A, of the Fridley City Code, to allow the construction of a second accessory building, a 22 ft. by 22 ft, detached garage for the storage of a boat and car, located on lots 45 and 46, Block lI, Spring Brook Park Addition, the same being 290 Ely St. N.E. MOTION by Mr, Oquist,�seconded by Mr. Langenfeld, to open the public hearing on SP �80-03 by Duane Motzko. Upon a voice vote, all voting aye, Chairman Harris declared the public hearing open at 7;40 p.m. Mr. Boardman stated this is a 60 ft. lot. The present building is a house with an attached garage. The proposal is for the construction of a detached garage in the rear yard for storage. Because of the situation and because the Zoning Code requires a special use permit for a second accessory building in excess of 240 sq, ft „ Mr. Motzko is proposing a special use permit. , Mr.'Motzko stated the existing attached garage will remain a garage. Re is in need of another garage just for storage of a car and boat. He intends to cut a garage door in the back of the existing garage, then build a 10 foot patio between the two garages, so there would he about 14 feet between the two garages. .. Mr. Motzko stated that if he had the o,k. from the City that the alley would remain open, he would put the garage back farther and have access through the alley, but he was not assured that the alley would remain accessible in the future. . I ; 2A ; F'LANNlNG COMNQSSION MEETING MAY 21 1980 PAGE 2 Mr. Harris stated that Mr. Motzko may have received some misinformation about alleys. Mr. $oardman stated that anytime there is access off an alley, the alley should not be closed, and Mr. Motzko would have legal recourse if an alley he was using was closed. It was a question of what would work better for Mr.Motzko, knowing that the alley may or may not ever be improved, Mr, Boardman stated that the City will not plow alleys unless they are paved alleys. If there are not enoagh people on a block to request the paving of an alley, the City will not maintain an alley right-of-way, If Mr, Motzko wanted to have access to his garage from the alley, he has the legal right to do so and has the legal right to maintain that alle�+ right-of-way, If it is easier for Mr. Motzkb to maintain access from his existing garage, Mr. Boardman stated that would probably be the best way to go. Mr. Motzko stated he would like access through his existing garage Mr. Harria asked if there was anyone in the audience who would like to speak regazding this item. Mr. Ken Brustad, 272 Ely St. N.E.,stated he lives one block east of Mr, Motzko. His main concern was whether Mr. Motzko would be painting the garage as he did not want an eyesore in the neighborhood. Mr. Motzko stated the new garage would be painted to match the house and attached garage. He sta�ed the garage would be built by Sussell. He also stated that if he had a 7ot of neighborhood objections, he would be willing to put-up a redwood fence that would run along the side of the new garage up to the existing garage. The garage will face the same direction as the existing garage. Mr. Langenfeld stated'there did not seem to be much opposition, and there was a sizeable mailing list. MOTION by Mr, Langenfeld, seconded by Mr. Treuenfels, to close the public hearing on SY #80-03 by Duane Motzko. Upon a voice vote; all voting aye, Chai�nan Harr�s declared the public hearing closed at 7:58 p.m. oY a request for a Special Use Permit ot a second accessorv building, a 22 ft. by 22 ft. d e recommend to Cit Council P 4k8�=�3> b� Duane Motzko to a11ow the constructinn or iocs v� and 46 Block 11 Sprin St. N.E „ caith no stipulations. Mr. Langenfeld stated that he felt this request was in accordance with the 2oning Code and special use requirements, and Mr. Motzko is going to make this structure compatible with the existing area. Also, the special use permit does have the element of control. P'LANNING COI�fIS5I0N MEETING MAY 21 1980 PAGE 3 UPON A VOICE VOTE, ALL VOTING AYE, CHAZItMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY: Mr.. Harris stated Special Use Permit SP �80-03 would go to City CotmciY on 3une 2. MOTION by Ms. Gabel, seconded by Mr. Langenfeld, to suspencl the rules and adopt "Renewal of Special Use Permit SP �74-16 as Item 2 on the agenda. IIpon a voice vote, all voting aye, Chairman Harris declared the motion carried unanimously. 2. RENEWAL OF SPECIAL USE PERMIT SP �74-16 for Reynold Swanson to operate a mobile home sales lot, located on the West 375 feet of Lot 3, A.S. �89, the same being 7151 Highway �665 N.E.: Mr. Harris asked if this was a renewal of a special use permit or a reviewal of a special use permit? � Mr. Boardman sCated that when City Council granted this special use permit, they granted it for a period of five years, but nothing was said about whether it was to be renewed or reviewed. Mr. Harris stated he discussed this Monday night at the City Council meeting with Virgil Herrick, City Attorney. It was Mr. Herrick's opinion that if this is a review, the Planning Cou�ission can handle it as an ageada item, but if it is a renewal, if the existing permit expires, there is s�ome question of whether it has to go to public hearing because it is like a new special use permit. Mr. Oquist stated that on page 2 of a letter dated Dec. 31, 1974, to Reynold E, Swanson fram the City of Fridley, it stated that "thi� Special Use Permit be issued for a maximum of five years or to run concurrently with the lease, whichever is less." He felt that meant this special use permit is a renewal. Mr. Boardman stated the Planning Co�ission had talked before about what they wanted to do on these kinds of things. He thought the PLanning Co¢�ission had decided to stop looking at renewals of things and start just having reviews of special use permits. The way this request is laid out is not very clear at all. Mr. Treuenfels stated that in Mr. Swanson's letter dated April 21, 1980, to the City Council, he was requesting a renewal of the special use permit. Mr. Boardman stated the way-they have set up the policy or process is that a renewal--any permit that was going to be renewed--would not have to go through the public hearing process, hut would follow the normal process of being reviewed by the Planning Cocmiission and City Council, because, primarily, ttte Planning Coumiission and City Council would be looking to see if the operation was in compliance with the requirements of the special use permit. He stated he would like some clarification on how the Planning Commission wanted to handle this. � 2� ; 2C PLANNING COI�II�IISSION MEETING, MAY 21 1980 PAGE 4 Mr, Oquist stated that assuming this operation is in compliance with the special use requirements, they could not deny the special use pern�it under a reviewal process. But, assuming the City did not want trailer sales anymore, if it was a renewal, they could then deny that renewal of the special use permit and eliminate that business. Ms. Gabel stated that xE there were people who had any c wiplaints against this operation, the City would never lmow about those complaints with just a reviewal process and no public hearing. Mr. Boardman stated that once a special use permit is granted, there are some real problems in legally denying a special use permit with either a renewal or reviewal, because specia� use permits are granted to the land and go with the land regardless of the operation. Mx. Harris referred to the second paragraph in the Dec. 31, 1974, letter from the City of Fridley to Mr. Swanson: "A Special Use Permit to operate a mobile home sales lot is given only to ReynoZd E. Swanson as an individual and he will be the operator of the business. If the business changes hands or he no longer is the majority owner and operator of the business, the permit will be null and void, and would have to be reviewed by the City Council before transfer." Mr, Harris statad that statement was legally unsound, Mr. Boardman stated this trailer sales operation. is a very clean operation. They have followed all the special use stipulations, and h& really did not see any reason why they shouldn't go ahead and process this special use permit. The City has never had any complaints about the operation. ' Mr. Langenfeld stated it was his concern that the special use permit be rewritten so that the name was off the special use pexviit and the special use permit went only with the property. Mr. Harris stated he had the feeling they should have Mr, Swanson go through the public hearing process again and request City Council to waive the fee. The way the special use permit is written, it looks like the permit has exp3red, Mr. Oquist stated the special use permit apparently•expired on Dec. 3Z, 1979, so Mr. Swanson was operating illegally with no special use permit at this time. Therefore, Mr. Swanson should be asked to request a neco special use permit. � s West 375 feet of Lot 3. A ontinued until such a tim nded by Mr. Oquist that Special Use to operate a mobile home sales lot 7 S. 9f89, the same beine 7151 Hivhwao i, s a special use permit are issued wi.th the stipulation that the Cit C e the fee and that a oubtic haar;no hP �..,,.��,�ro,� Mr. Harris stated that Mr. Boardman should talk to Mr. Herrick about just having to notify the people within 200 ft, of the mobile home sales lot, rather than huving to publish notices in the newspaper. 2D PLANNiNG COPA7ISSION_MEETING, MAY 21, 1980 � PAGE 5 Mr. Boardman stated that when this comes back to the Planning Commission, they should try to clean up the language on special use permits and decide how they want to handle special use permit reviews. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRXS DECf,ARED THE MOTION CARRIED UNANIMOUSLY: 3. RECEIVE PIJBLIC HEARING NOTICE FROM CITY OF SPRING LAI� PARK; Rezoning and Special Use Permit to be used for the construction of a 60-unit apartment complex for the elderly, generally located in the vicinitq of Terrace and Osborne Roads. Meeting will be held May 27, 1980, at ' 7:30 p.m. MOTTON by Mr. Langenfeld, seconded by Mr. Oquist, to receive the public hearing notice from Spring Lake Park. Mr. Harris stated that what bothered him about Spring Lake Park's projects was the drainage. Would this project substantially increase the flow into Fridley's storm sewer system? He thought it probably would, He stated that one advantage wi.th this project is that Spring Lake Park will need Metropolitan Council's concurrence, because of funding. He felt he or Mr. Boardman should attend the public hearing on May 27 and see how Spring Lalce Park intends to handle the quality and quantity of water. After they see what Spring Lake Park's plans are, if there is a problem, they can write a letter to Metro- politan CoumciL UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNAPIIMOUSLY. 4. ,RECEIVE MAy l, 1980, HUMAN RESOURCES COMhIISSION NffNUTES: MOTION by Mr, Treuenfels, seconded by Mr. Langenfeld, to receive the May 1, 1980, Human Resources Co�ission minutes. Mr. Boardman stated that the Human Resources Commission had made a motion on page 3 recommending to City Council, thr.ough Planning Commission, that the Human Reswrces Commission does not see a demand for the No-Fault Grievance Procedure. Mr. Harris stated the Planuing Cou�ission could discuss whether they agreed with the findings of the Human Resources Commission. If they do agree, they could concur with that motion. Mr. Treuenfels stated that, as a member of the Planning Commission, he did not really concur with_the vieias expressed by the Human Resources Commissiott. He felt it would be warthwhile for the Coc�m�ission to at least be attentive to the needs of the people and attentive to the expressions of those needs. Maybe the iluman Resources Co�ission could not really do cohat was suggested in the No-Fault Grievance Procedure, but he felt i[ would have been better if the Fridley Human Resources Commission had followed the example of Coon Rapids 2F PLANNSKG COhIl�SISSION MEETING, MAY 21, 1980 PAGE 6 and Columbia Heights and gone ahead with at least listening to complaints at this level. The¢, if need be, passing those complaints on to the Department of Human Rights. Mr. Treuenfels stated he caould be happy if the Planning Coumiission would concur with the liuman Resources Co�ission's motion as made, but recommend that if the circumstances should change in the future, the Human Resources Co�ission look aC this procedure again in a year or two years from now. UPON A VOICE VOTE� ALL VOTING AYE, CHAIRMAPI HAggIS DECLARED THE MOTION CARRIED UNANINIOUSLY. 5. RECEIVE MAy 8, 1980, HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION by Mr. Langenfeld, seconded by Ms. Gabel, to receive the May $., 1980, Housing & Redevelopment Authority minutes, Upon a voice vote, all voting aye, Chairman Harris declared the motion carried unanimously. 6. RECEIVE MAy 13, 1980, APPEAI,S COI�LCSSION MINUTES: Ms. Gabel stated that these miuutes were a little incomplete as no discussion was included on the variance request. She stated thaC when these minutes go to City Council, she would like a statement included in the minutes that a brief discussion was held on that item. MOTION by Ms. Gabel, seconded by Mr. Treuenfels, to receive the May 13, 1980, Appeals Co�i.ssion minutes, but that the minutes be amended to include a statement that a brief discussion �oas held on the variance request. Upon a voice vote, all voting aye, Chairman Harris declared the motion carried unanimously. Chairman Harris declared a ten-minute break at 9:15 p.m, 7. CONTINUED: PROPOSED CHANGES TO CHAPTER 205. ZONING: � Mr..Boardman stated they'would.like to set the Zoning Code up £or public hearing before the City Council on July l. They would like to have it adopted and �n operation in August. He stated that if the Planning Commission does not think they can finish the Zoning Code at their regular meetings, they should consider having special meetings. Mr. Har�is stated they should see how far they get on the Zon3cig Code at this meeting and then decide wheth� to have a�pecial meeting, � r ZF PLANNiNG COP4IISSION MEETING MAY 21 1980 PAGE 7, 205.10 R-4 DISTRICT REGULATIONS Page 46 _P05.104 Parking Requirements ' �2-A. "construction" should be changed to "consYructed" 205.105 Performance Standards Mr. Boardman reco�ended that the Planning Commission approve the Performaace -°-` Standards with the same changes as made in R-3. He would then make those changes as requested by the Planning Co�ission under R-3. Tlae Planning Commission concurred with Mr. Boardman's recou�endation. Pa�e 48 : �5-A. Change to -"The minimum landscaped area for the mobile home park shall be 35 percent of the total site," Mr. Wharton stated there was nothing requiring storm shelters or tomado shelters for mobile home parks. Mr. Boardman stated they have never required a mobile home park to buiia a solid structure. WiCh only two mobile home parks in Fridl�y, he did not think they could require the:parks to build a shelter at this point. Mr. Harris stated there are now some state requirements about tie-downs in mobile home parks, and he thought there was also something about a permanent shelter-type building. Pa�e 49 2Q5.11 TOWNiiOUSE DEVELOPMENT DISTRICT Mr. Boardman stated this section was moved fram the end of the Zoning Code to this location, primarily because there was no special district that was set up as a townhouse district and the townhouse district falls into any of the R districts. 205.111 Procedure for Townhouse Development Approval #2, "Section 205.192" should be changed to "Sectian 205.20" C-2. Delete "morals" in the 7th line. Mr. Boardman referred to 205.111, Item 2: "In addition to the procedure as outlined in this ordinance, there shall be provided a general plan of develop- ment as required under Section 205.20 of this code, except...." He stated � , `L G PLANNiNG COMhffSSION MEETING, MAY 21, 1980 PAGE 8 that 205.20 is the Planned Unit Development District. Does the Planning Coum�ission want to go through the planned unit development process for town- house development? It is a lengthy process and an expensive process. What process did they want to go through for townhouse development and also planned unit development? Mr. Harris s[ated they could say something like: "All townhouse development in R-1, R-2, and R-3 zones shall have a special use permit.° Mr. Boardman suggested that the statement read: "In audition to the procedure_, „ as outlined in this ordinance, there shall be provided a general plan of deve2opment as required under the special use permit process." The Planning Commission concurzed wi.th that suggestion. Mr. Oquist asked if they should make a requirement for a townhouse association. Mr. Harris stated that could be a stipulation in the special use permit, C-3. Change to -"When To�,mhouse Development 3s granted in an R-1 District, the development shall consist of owner occupied dwelling units.° Page 50 i 245.12 P DISTRICT REGULATIONS 205.121 Uses Permi.tted Mr. Aarris stated that under Item 1, Princigle Uses, when you start talking about airports, it is conceivable that at some future time, there could be a landing pad for helicopters. He would almost like to see some of these uses with a special use permit, because there should be a public hearing on something like that. If public lands are going to be used for some of these things, even aChletic fields, he thought the surrounding.neighbors should have the legitimate right to imow and voice their opinions of what the City intends to develop in an area. If that had been done before, the City wouldn't have the problem they have at Covmions Park right now, because that area really impacts the neighborhood. Mr. Harris stated that later in the Zoning Code, they should talk about the possibility of landing strips in the C and M Districts, which has never been thought about before. There is the possibility of Onan or Medtronic wanting a helicopter pad, or Unity Hospital needing a helicopter pad for transporting accident patients. Rather than saying, "airports", they should probably say "aircraft facilities°, Mr. Boardman suggested that only emergency helicopter landing pads for hospitals be allowed with a special use permit in R-1, R-2, and R-3. He d'zd not think they should allow helicopter pads for industry. I L. �!. PLANNING CGi�II�fISSION MEETING MAY 21 1980 PAGE 9 The Planning Commission members concurred with.Mr, goardman's suggestiou. Mr. Harris stated that maybe all of Item �1-B ("Public parks, playgrounds; athletic fields, golf courses, airports, parking area") should be with a special use permit. The reason for thaC is that people who abut the proposed project area are then notified of what is taking place, because it will impact their property. . Mr. Langeufeld stated that he was concerned about the special use permit, because it is reaching the point where special use peimits are just a formality and are never denied. Mr. Boardman stated that maybe they could set up a process where all public facilities must require publication to people within.200 feet of a p=oposed project area, Maybe it could he just a public hearing process for citizen input and not be involved in any special use permit process. He asked wt�at types of public improvements �aould they want to hold public hearings for? He thought it should only be when hew parks are purchased and not capital costs and not capital improvements. Mr. Harris stated the Planning Commission should think about this question and bring back any suggestions and concerns at the next meeting. MOTION by Mr. Langenfeld, seconded by Mr, Wharton, to continue discussioa on Proposed Changes to Chapter 205, Zoning. Upon a voice votg, all voting aye, Chairman Harris declared the motion carried unanimously. Mr. Harris stated that since the Planning Co�ission had a light agenda for the June 4 meeting, they should start the meeting at 7;00 p,m, in order to accomplish as much as possible on the Zoning Code. ADJOURNMEP7T • MOTION by Mr, Langenfeld, seconded by Mr, Oquist, to adjourn the meeting. Upon a voice vote, all voting aqe, Chairman Harris declared the May 21, 1980, Planning Commission meeting adjourned at 10:41 p,m. Respectfully submitted, A � A /3 / ��./ L e Saba Recording Secretary cirY . �� .,Y,�L, , � : �; .�;_21 W' ='� Y �t4.':; " '�;��t� - � � . � �� ' .. . �.._ ' 1 .�� r,- :a.. _. ... ! � ,� i.,. . � , .: '' ; . , . „ . L . ' • . 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P ._. � ' . .. . � ..._ I � I � . . � .� 1 � I . <<<.. � = : � ; ; ( , , , _. - � ro ,_ � f - i ; � - � l '� t _ i , _y, --�-� i. , � � I —._` . � , - � . �_ , � i _--.-•_- -----.._ ... _..__ �� ;�i � ,; �. i . c , { ! , „ . �, ,,� rt � I � � . . . ;; I ' i Y'�a P o sP.�. ,, � ', i ,. ,�y, � S�ftiG� Jli2 T -� � --. I � i � . i il - -- -- � �/ � � ZL,( 2Z . � . . . : � i t `. . , . , , � � ' � _ j � �y . , , ' . � , ; I /;1i� ' ��, �; Y _. , 1 ;'I fii. ; . � _ F'r?��<:, �-- i I � _,_ � , � � � ;, . . ` . . '.. r � � � � � : I I , � . . .–I � � . i e - � . . . �.t t� %.' � . �i „ . � i 1 � - ! ; i ; '. � , i . • + ..� �t fe •: ,. l,) � ' . .. _ ..._... .:� � � � • �-� � i . . � it iii i• i � ,. �,' < � � t ! �� „� -, , � • i ; . .. —. . � c . � � ��: , . i ' , . . . .. ._. �. , . . . . . . � � � �� .� . . . �� j . . . . :. ._. ,_._ "..�. . . . _ __ �.. . .. . �-. . � ��_. � _:,c._. _. �3�� ' ' , � 'j I,{. .. � . . i :�.Je ---� : .._ _ _.__ . -... _.• . ._ . _. _._ .... r �� ; : , � � i� { ' ( � � ; . , i . . . . . � �� . . � . � \\�/ . .. . � I i . . . . � , . � . � � I ' �. ' , . . . j ' ' . � . , . . . . ; . . . � I ; j . ;I � , . ' . . ., . . 'I ' : . . '__��. � j�1{ . .�.. . .. . . I . I 1 i I � Y . . � . . . . .. . .. . � . . , r . � '� � . . . . . . . _ . . . . . i � �r/ 1 I '. / /��. .. � ' �r��1 ---- / � -._' `� i � / .-� , . / . I _i , _ ; ., � f , � � � , i ; -� , , . j' : . ; �e..s�`�I er��-�Q f �3ao�� s-h. N � _ ___ __ _-p��:��<,N 4f 3 MEP40 T0: Nasim M. Qureshi, City Manager MEMO FROM: John G. Flora, Public Works Director MEMO DATE: May 28, 1980 SUBJECT: Sign Renewal The Appeals Commission met on Tuesday, May 27, 1980, and reviewed ._�._�__ the request to extend the variance permit for a roof sign on Charlies in Fridley. The Commission approved the extension of the sign renewal for two additional years to coincide with the liquor license date (May 1) or a change in ownership, if sooner. At that time, they will review the request again, if a renewal is required. Recomroend the City Council approve the request of Susan Angrimson to renew the roof sign on Charlies in Fridley, JGF:ik 0 �� ..� 1 �.✓' 3Fl ; �,��" ' � U _ _ �� : _I �__ � _ _ _ � �� i �� . ' ,,�� : . _ �� . �� .� � . . / . J / �-�� C,E� !`C�-Z� � , 9� �� _ _ �Z:o�l'G.� � �-�Q� . G�<�" _ _ , , , �/ .v(/%(/-- �! '''��"'� __ _ __ ._ _. F!l//`-G/ �:ICLi"°�"`'i-.: . .. . "it�-"_ _ . . •� _. . _. _ __ �.� �-�-� ,� . � __ ....� � � v� . . .�.�.�. � :� �� , - ` �_ ��/ � _ ___ � � � ' � _ ,�� ..r� _ _ . _ : _�� -- -- - ;�� _ ._ ; __ _ . _ -_ _ _ _ __ __ � _ _ � ___ __ __ _ _ _ __ -- _ _ t �� _ __ _ � - __ . �/�� . �.�„� �� ' o�' �� . �, t:.�..�'� �.,�/ � :.� � ,� I ti •. . '` ».t`,I . �: .� ' i . _._... ; �y.,'.' ... ... L1 y y �L ', . r �.i . ...�:u.-= :, M... �� -=-.:..�.ii j�::.�\� �� , . ,..�. j � i: _(/� �e r 1 _:, � r,:: �I �{f.' \ .. r-• / i) IIj4'_../= \��J � }! /� 1 1l /(��C�\ {� '��{: ':� � ! i � �,� ,� 1 �� / � i � �. _ -�; � ' .l ;C t ° n... , k _ �i . �' �_._—: T�,, j �' � f; � 1 y.. �fr �:.:J� _ .� 'l � ' . _ {�iN� 1 lR. j: i� �,.. , f`.1' � r �'` �; fi� ,.• � � � µ::=. h ��,.� � } , : t ts%• i / ! �, ._. i t � .H ' ' 9 � � I ;f1:�� v_,,. •3 R .i�>r' - F � f is.�- �i;t�� F �! . .� 11� . : '. . ` � �' � . .. . �, � . : . �Y � � ,1. � � _-� � c' � 1 � �I �.R�(.i��: � , � � �,. . � . il �;� ,-1.�__.'�' i `� �� ;i r� � P � �: �� l 4tit, . f � �I . : �� , ��'' I{� . �. � -�, � � � � .- t � � . N , �.:, - _ . '�. �i `y ' A • tl lj '� 1 . � ` ` ..+\r � � � I >. . 5 `:y � . ', � - s . :x � .� .� ~ — ��_ __r � � ��.� ' . .. . . � �.i�t;� .. / . .' �i;{.� '� . �/Y . - , .'. . e'y} �� ._�_-- - a � �� _. ..n ,;��- _, � i .... a .;- �� .,� .` i l� �� . � � •—�' �'. '�1 � ;i`�,o. . I� �� '� `•: I � t_ � �� ,1� i. �i.:.j4;.. i� .�; ''� � i' i�; , �I:�'.\,.._��I i. :� `':. . ; j 1d '• .. :; ,� \ l�)il � `!, ,'' , •'s; _.. I C � 1 .� SV , � . ..� �..., . . , • . ,,.......a. . � �� ti� . . . . . �� . �� . - . i• t i� o C ;� �� S � Li ; 4�. //'o' . . j i ° .. S ,. . {n - . ' ' �� 1 {�;'y'fl 8 � s;,.ii '•A , .c ;. � � J �a 'f { y _, , . � . ,, E.�. r �t _� -�-_._�. �, . , + �';l�St_ � � � � �1-_ _- :. 1 ^�I -•- ��I `�� . � .l�`---�_=' . ��I � � . : y� i I� � !.r -- - ! � ( � � -. ' z N�� #�, � ;I � ►:::,,.,,. ��r ---i:t=�-<. +h, � � .:l ..I � ' : . ti �r I� ' � A ��\i II �; � : , -• : :�0 t�Snn�� I` „v-..- � �........��rr�..<...Q,„q..,�.�•,...;,r" S ;� J ;. 1' / - :" -° f - ;-- � �..i i �• �' - . / • 1 • `. . °: OATE: MEMO TO FROM: RE: FIRE DEPARTMENT MEMORANDUM May 20, 1980 Nasim Qureshi, City Manager 80-5-1 Robert D. Aldrich, Chief /�/� Mutual Aid Contract with Andover The North Suburban Regional Mutual Aid Association, at its March, 1980, meeting> accepted the application of the Andover Fire Department as a member of the Mutual Aid Association. Accordingly, it will be necessary to have council action authorizing the City to enter into this contractual agreement with the City of Andover and the signing of the agreement. It is my recommendation that the City accept Andover into the agreement. Thank you for your assistance. � RDA/el � qA AGRFEMP;Id'1' - NOIiTH Sl)BUR23AN MU'PUAL AID ASSOCIATION TiIIS AGRF•.LMENT, made an3 entered into this day of , 19 by and between i:he following Muni.cipal corporations; Anoka, I!ndover, Brooklyn Cent�r, Brooklyn Park,.Columbia Heights, Coon Rapids, Cry�tal, Elk River, Fridley, Golden Valley, Maple Gr.ove, Nerr Hope, Osseo, Ylymouth, Robbinsdale, Rogers, and St. Anthony, Minnesota. WH�RFAS the said municipalities desire to make available to each other thei.r respective iire-fighting equipment and personnet in the case of emerc�er7r.ies, and each of. said municipalities has legal aut}iority to send its fire-fighting equipment and p�rsonnel into other ccrrununities, A10�9 THEREFOItli IT IS b1UTUALLY P.GREED I�S I'OLLOi4S : That in consideration of the mutual covenan±s, agreements and unde-rtakinys her�inaf�er set forth each of the par.ties heretq agrees i to furr._sh fire-fiqhting assistance to any of the others when called upon by the £ire chief or fire department officer in char�e of any of the other pariies hereto subject to'the following conditi_ons to wit: 1. That road ar.d weather conditions must be such that the fire run can be made with reasenable safety to men and equipmenL, and the decision of the fire chief or other iire department officer in charge, shall be fina.l in such matters. 2. That in the event all of the fire apparatus and all or most of the members of the �ire department oi any community so call.ed upon for fire assistance by one oi the other parties hereto are in use in the discretion of_ th� fire chief or other fire department officers in charge rnay be needed in said community, the said community shall be held ir.ee anc� relieved irom all liaUility to make said rwi or to reGpon:l to said call. Pr,cr �. . .,1 , f° 4B 3. That in the event any apparatus and members of the fire department of any community engaged in fire figY:ting for the benefit of the party calling for assistance or in response to a call from said party, shall be needed to fiqht fire or for any other purpose in its own community, that apparatus and the me;nber� of said �ire department may and shall be recalled to its o�an community before completing the fire fighting for the otier party and said assisting party shall be held free from any liability �o continue fighting said £ire. 4. If one or more iires occur within ihe limits of any of the abovE rnunicipalities, or within the limits af any territory in which any of said municipalities has coniracted to furnish fire-fightzng equipment and personnel,,and the firefiyhting equi.pment or personnel of any ef the municigaJ.ities executing this contract is, in the judg- ment of the chief of its fire department or ir. his absence his assistant or deputy in charge of its fire department, insu£ficient to control or extinguish the fire or fires, an "emergency" shall exist €or the purposes oi this agreement. _ 5. If an em�rgency arises, any of the persons who are entitled by paragraph 1 above to determine an emergency may call upon the fire depar.tment of one or more of the municipalities above named, Fihich are adjacent, for assistance. If all the fi_re-fighting equipment and personnel of any of said municipaii.ties is engaged in fightinc� fire, the chief or other c�mmanding officer of the tire department of any other such municipality whose fire-�ighting equipment is not engaged in fighting fire shall send equipment and p�rsonnel to tlze empty fire station to be available tor call if re- quir.ed £or �iny tire. It is t2ie intention of the parties by this agrcement to coop�rate in the event of an emergency by mahinq availablc necessar.y fire-fi.ghting equipmc:nL and pezsonnel irom the nearest.fire a' 4C '•` iire stations and during such an emergency to rezrrang2 fire-iighting equipment of: the pa.rties so as to make tkie remaininy equipment and persor.nel available for use in the event otiier £ires shall occur anywhere throughout the terrii-ory of these municipali.ties. . 6. Upon receipt of a call.for assistance as set forth in. paragraph 5, the fire department o£ any of the'parties hereto shall promp�ly dispatch at least one fire truck with the usual number of personnel to assist in iighiing the fire which has causea the emergenc�: or to rendex. stand-by service as the case may be, provided that no fire denartment of any of said parties sha11 be obligated to send its fire equ•�.pment or personnel beyond its boundaries if to do so would leave such municipalit.y without any fire eguipment or personziel available with9.n its limits for service at any fire which mig;�t subsequently arise taithin. In extreme emergencies, ho�vever, every eff:ort will be made to redistribute fire-fighting �quipm�nt and personnel so as to make i.t available ior any add3.tional. iires whicli might arise during the emergency. 7. The £ire-£ighting equipment and personnel of ar.y fire department assisting the fire department o£ another municipality in an emergency wi11 immediately upon arrival at the scene of tiie emergency be under the comirand oE the officer in charge foz the municipa.liiy within whose boundaries the ene.rgency is situated. 8. No charge shall be made by any party for assistance rendered to another party under this agreement except; Each community answerin< a call f.or assistance from any other party hereto shall be pa7.c� ior the cost of all £ire extinguistiing materials used in said call, the cost of fuel consumed by the fire apparatus, cost of the meals for iiremen, and any oi:kier miscellaneous cost involved with said assistar� Salaries eacltided. PAGE 3 r� D 9. Each of the parties will maintain insurance policies covering: (a)Accidental deaih of firem�n in the minimum amount oi $3,n00 on t}ie life of each fireman who is a member of said party's fire department, the coverage of said palicy extending to protect said firemen of said parties when engaged in the performance of duties under this agreement outside the boundary oi the party of whose fire department he is a meml�er, and (b) Damage or injux'y caused by negligent operation of. its fire department vehicles to the extent oL- $5,000 property liability, and $25,OOG personal injury�liability, the coverage of such policies e:r_ending to accidenfs which may occur while-=-=--- the said party's fire department is engaged in the performance of @uti.es under tliis agreement outside of the bonndaries af sai3 party. 10. No party to this agreemen't nor any officer or employee of any party shall be liable to any other party or to any person on account of iailure of any party to this agreement to furnish its fire-fighting equipment or personnel in response to a call for assista��ce from any other munic?pality. 1.1. While eacYe par.ty in answering a call from�sone other party hereto sha11 attempt to furnish a reasonable number of firemen on each piecc c,f equipraent answering such call, the discretion oi the fire chief or other fire department officer in charge of the equipmer.t and department of said party shall be final as to the number o£ fireme;, that can be spared. 12. That in the event of fire calls from two or more communities or parties hereto, the first call shall have priority and the second call shall be ans�vered as soon as possible, it beir_g understood between all the parties hereto tha.t property within the limits of each commun.it shall have first call on the services of its own fire department. 23. No liability shall be incurred by a party who shall have sununoned assistance under this agr.eemeiit for damazJe to, or destruction of, fire-fighting equipment of a party rendering such assistance unles:: such damage or desL-ruction shal]. Ue caused by negligent or malS.cious conduct of an}� ofiicer or employce of. the party which Yaas summor.cd such assistance. 4 � 19. That the qoverninq body of each party hereto will appoint the Chief of the Fire Department of his community to serve as a member of an association formed for the purpose oi furthering the purposes of this agreement and increasing the effzciency of the fir.e fighting services of these municipalities by exchanqe of information, standardization of equipment, education oi personnel, periection of methods of fire alarms throughout the territory of these municipalities and such othe.r matters as will serve to mutual].y assist these municipalities in the prevention and exti.nguishment of fires. � 15. Any party hereio may withdraw from this agreeMent by thirty days notice in wri�ing to the others. 16. A copy of this agreement will be posted at the fire department headquarters of each party hereto. Subject to all of the above conditions, each oL the parties hereto agrees to make every reasonable ef£ort to attend fires in any of the other communities mentioned herein when such asszstance is requested as above provided„ IN WI'fNESS P7HEREOF the said municipalities have caused this agreement to be signed in their respective corporate names by their respective duly authorized officers by authority of their respective governing bodies as of this _ day of _19 CITY OF ANOK11 CITY OF BROOI:LYN CENTER CSTY OF COLUT'LRLA HEIGHTS i BY Mayor BY City Manager CITY OI' ANDOVER BY i�fayor BY City Manager CITY OI' IIROOKLYN PARK BY Mayor BX City Manager BY Mayor SY . City D7anager CITY OF COON F.�1PIllS BY Mayor BY City Managcr ... + .. __.___. ....... CITY OF CRYSTAL BY Mayor BY City Manager CITY OF ELK RIVER BY Mayor BY. City N,anager CITY OF FRIDLEY BY Mayor BY City Alanager CITY OF GOLDBN VALLEi' BY Mayor BY City Manager CITY OF MI�PLF GROVE BY. � Mayor BY City Manayer CI'lY OF NPW HOP� BX Mayor BY City Manaa,er CITY OF OSSEO BY Mayor BY City Manager CI`PY OF� PLYMOUTfi BY Mayor BY City Manager CITY OF ROBBINSDALE BY Mayor BY City Manager CITY OF ROGERS BY' Mayor BY City P4anager CITY OF ST. ANTHONY BY Mayor BY City Manager e 4F 5 RESOLUTION N0. - 1980 A RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS WHEREAS, it appears to the Caty Council of the City of Fridley that the streets hereinafter described should be designated as Municipal State Aid Streets under the provisions of the Minnesota Laws of 1967, Chapter 162. NOW TNEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley, County of Anoka, that the.streets described as follows, to-wit: MUNICIPAL STATE AID STREET NQ. 339 - "" '" 81ST AVENL'E FROM UNIVERSITY AVENUE TO MAIN STREET be and hereby are established, located and designated the Municipal State Aid Streets of said City, subject to the approval of the Commissioner of Highways of the State of Minnesota. BE IT FURTHER RESOIUED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Highways for his consideration, and that upon his approval of the designation of said streets or portion thereof, that the same be constructed, improved and maintained as the Municipal State Aid Streets of the City of Fridley, to be numbered and known as Municipal State Aid Streets respectively. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRI�LE1� THIS DAY QF , 1980. WL I M , NE-MAYR ATTEST: i CI7Y CLERK - MARVIN C. BRUNSELL i `r N y F: �: x�i �41"r: d.o l, y i ti a rY 1��,� �;;�� + , r. � � w.it`�i.ia ��d � ra � g•�+v�. �q A t" ;:��" ,�' : � i ��s��/' '{ Af �' i Jun2'2, 798d •,' ;..:' ;�� , 8437 UNIVERSITY AVENUE N.E., FRIDLEY. MINNESOTA b5432 � TELEPHONE (812)571-3450 C. E. Ul.i.echaeXbaum 'D.i��ici.c,t S.ta.te A.i.d Eng.inee�c M.inne�+o�n H-i.ghway Depah,trnen.t 2055 No2tk 1.%Pccc Dn,i.ve Gok.den Va.ZCey, hii.nneaa�a. 55422 Ke: Rev.i.a�.on oS Mu�.i.c,i.pa.0 S�a,te A.i.d Sys.tem De.cvr. Chuck: . EneCaaed Sun yowr. xev�.ew and app�cava.C, p.2eaae ��ind �vo ceh.ti.�.i.ed cop.i,el� o� �he neaa.�r.�ti.orz ea.ticb.Y,ibh.i.ng 81a.i Avenue �nom Ma,i.n S�ireet .to 7.N. 47 iUn,i.ve�ca.i.ty Avenue) a Mwu.c,i.pn..� S.ta.ie A-i.d S.theert. The dea�.yncr,ti.on o� .thi,a bfiiceet wcu diJ.,cubaed uu.th you pnev�.au/.ey and g�.ven pne.F,iminahy app�cova.2. Pnamp� pnace�sz.i.ng o$ �Jie n.ev.i.a�.un woukd be ghea�� ttpWneci.az:ed. 7%.RY1fL CJOU SOh LjOCUC Qdd.V��[U1C�.. . . . � SI.VtCPh2-ey� t�� JOHN G. FLORA, P.�. Pub.P.i.c Glonfu D."vicer�tih JGf J CVM:.i,h �nc. 2 a � � � 4 �J N � J � Z Q \m �l• S i � E 4 O IY ___ '�\, � ��. ��. .. . i1 : ��i'.'� {� 0 /Q �., � �eRM 3 � � � � �S W�� "_y''•^� � .. W 0 w � . a J J i �� > .e..... ». . _ A I� n✓ �i00 i n� �. . � � _— , .. - � ) � � �� Q ....,�..... i�m J I umwmr • •�I S �. � 4 � I '� a �I 9�,t�. i! c � ' �� ~;1i I\ � '� !� Q o.. � . ... � �� r I� ) a . 1: �� AiSi n:. � , � c �.., ��! (n � � n tv � i� •9 .i' � ' 3:> f p�% 0 � I Y{ /A Q O �V[xEa ��II �/ v, mn V \PM '�I) _� � `� . �� , i. - `' �;l1 •� r-- 9 , �C� bU; , Y � � 7 `. ay ° � ' l��) ; \ � � �I �,��/ + MEMOi�ANDIJM G �"�� CITY L]P _ ., .�: I`�J � � �- I MIIVNESOTA SIJBJECT AGREEMENT WITH FIREFIGHTERS LOCAL 1986 FOR THE YEARS i986-81 Agreement has been reached with the Firefighters for the years 1980 and 1981. This will be a two-year contract, with a wage reopener for the second year. There are no changes in contract language. The only changes represent the monetary changes for wages, contributions towards hospitalization insurance, and contributions toward clothing allowance. The total package represents an &.9%increase over 1979. This package puts Fridley Firefighers slightly below the average of the other firefigliers that have settied for the year 1980. RESOLUTION N0. - 1980 A RESOLUTION APPROVING AND AUTHORIZING SIGNING THE AGREEMENT ESTABLISHIN6 WORKING CONDITIONS, WAGES AND HOURS OF EMPLOYEES OF THE CITY OF FRIDLEY FIRE DEPARTMENT fOR THE YERRS 1980 AND 1981 WHEREAS, The International Association of firefighters Local No. 1986, as bargaining representative of the Firefighters of the City of Fridley Fire Department, has presented to the Council of the City of Fridley various requests relating to the working conditions, wages and hours of employees of the Fire Department of the City of Fridley, and WHEREAS, The City of Fridley has presented various requests to the Union and to the employees relating to working conditions, o-iages, and hours of employees of the Fire Department of the City of Fridley, and WHEREAS, Representatives of the Union and the City have met and negotiated regarding the requests of the Union and the City, and WHEREAS, Agreement has now been reached between representatives of the two parties on the proposed changes in the existing contract between the City and the Union. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves said Agreement and that the Mayor and the City Manager are hereby authorized to execute the attached Agreement (Ezhibit "A") relating to working conditions, wages and hours of Firefighters of the City of Fridley Fire D�partment. PASSED AND ADOPTED BY THE CITY COUNCIL Of THE CITY Of FRIDLEY THIS DAY OF , 1980. WILLIAM J. NEE - MAYOR ATTEST: CITY CLERK - MARUIN C. BRUNSELL 6A �, f , _ �, . :. EXHIBIT "A" LA60R AGREEfd[N f BETWEEPd CITY Oi= FRIULEY AND INTERNATIONl1L ASSCCINTION OF FIREFIGH�ERS LOCAL P!0. 1986 GB FIREFIGHI"ERS I.00AL P10. 19E36 COIJTRACT I"OR 19f30 AND 19f11 6 � TAf3LF. OF CONTEI�TS � Paqe ARTICLE I — PURPOSE OF A6REEI�[fJT . . . . . . . . . . . . . . . . . . 1 ARTICLE II — RECOGWITION . . . . . . . . . . . . . . . 1 ARTICLE III — DEFIPJITIONS . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE IV — EP1PLDY[R SECURITY . . . . . . . . . . . . . . . . : 3 ARTICLE V — Et�1PL0Y[R AUTHORITY . . . . . . . . . . . . . . . . . . . 3 ARTICLE VI — UFdION SECURITy, , , , , , , , , , , , , . . , . . . 3 ARTICLE VII — EhiPLQYEE RIGHTS — GRIEVANCE PP.00EDURE. . . . . . . . . 3 ARTICLE VIII — SAVIi�GS CLkUSE . . . . . . . . . . . . . . . . . . . . . 6 FlRTICLE IX — SENIORITY . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE X — DISCIPLINE. . . . . .� . . . . . . . . . . . . . . . . . 7 A:tTICLE Y;I — IdORK SCHEDUf.ES . . . . . . . . . . . . . . . . . . . . 7 ARTICLE XII — VACA7ION5 . . . . . . . . . . . . . . . . . . . . . . 8 i FtRTICL[ Y.III — PNY FOR FIRE CAI.LS . . . . . . . . . . . . . . . . . . . 9 FlRTICLE XIV — EPIPLOYEE EDUCATION PROGRAM . . . . . . . . . . . . . . . 9 ARTICLE XV — HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE XVI — SICK LEAVE . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE XVII — INJURY ON ,)06 . . . . . . . . . . . . . . . . . . . 11 AR7ICLE XVIII — PROCsA7I0NARY PERIODS. . . . . . . . .". . . . . . . . . 11 ARTICLE XIX — FU��ERAL PAY . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE XX — JURY PAY. . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE XXI � UPdifORP�t ALLOWANCE . . . . . . . . . . . . . . . . . . . il ARTICLE XXII — HEALTH AND HOSPITFlL INSURAPCE. . . . . . . . . . . . 11 ARTICLE XXIIt — RATES QF PAY . . . . . . . . . . . . . . . . . . . . . . 12 ARTICLE X�IV — ADDITIO�'AL INCENTIVE PIIY . . . . . . . . . . . . . . . 12 ARTICLE XXV — COLLEGE CR[DITS. . . . . . . . . . . . . . . . . . 12 -1- TASLE OF CON'fENTS (CONTItJUED) Page ARTICLE XXVI - SEVERAfVCE PAY. . . . . . . . . . • • • • • • • • • 12 ARTICLE AY,UII - 4lAIVER . . . . . . . : . . . . . . . . . . . . . . . .. � 13 ARTICLE XXVIII - DURATION . . . . . . . . . . . . . . . . . . . . . . . 13 � -ii- � i 6D LABOR AGREEMiENT BE7WEEN CITY OF FRIDLEY AND INTERNATIONAL ASSOCIATION OF FIREfIGHTERS LOCAL N0. 1986 ARTICLE I. PURPOSE OF AGREEMENT Thas AGREEMENT is entered into as of between the CITY OF FRIDLEY, hereinafter called the ENiPLOYER, and t— e�RNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL N0. 1986, hereinafter called the UNION. It is the intent and purpose of this AGREEh1ENT to: 1.1 Establisfi procedures for the resolution of disputes concerning this A6REEMENT'S interpretation and/or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. P,RTICLE II. RECOGNITION ' The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section 179.71, Subdivision 3, for all personnel in the following job classificationr. 1. Firefighters 2. Fire Captain ARTICLE III. DEFINITIONS 3.1 Unian / The International Association of Firefighters Local No. 1986. 3.2 Union Member A member of the International Association of firefighters Local No. 1986. 3.3 Employee A member of the exclusively recognized bargaining unit. -1- GE � � _ . ....�„-, 3.4 DepartmenC The CiCy of Fridley Fire Department. 3.5 Employer The City of Fridley 3.6 Chief The Chief of the Fire Department of the City of Fridley. 3.7 Union Officer Officer elected or appointed by the International Association of fire- _ fighters l-ocal Pdo. 1986. 3.8 Overtime 4dork performed at tlie express authorization of the EMPLOYER in excess of the employee's scheduled shift. 3.4 Scheduled Shift A consecutive work period includinn t��o rest breaks and a lunch break. 3.10 Rest Breaks Two p�riods during the SCHEDULEU SHIFT durin9 �vhich the employee remains on co�itinual duty and is responsible for assigned duties� 3.11 Lunch Break A period ci�ming the SCNEGULED SHtFT dui°ing which the employee remains on cantinual duty and is responsible for assigned duties. 3.12 5trike Concerted action �n failing to report for duty, the iaillful absence from one's position, the sto��page of a�ork, slow-down, or abstinence in whole or in part from tl�e full, faithful and proper performance of the duties of employment for the purposes of inducina, influencing or coercing a chaiige in th� conditions or compensation or the rights, privileges or obligations of employment. 3.13 6ase Rate of Pay The Eroployee's monthly rate of pay exclusive af lonqevity or any other special alloriances. 3.14 Com ensatorv time Time off du�,ing the cinployee's �°egularly scheduled wor•k.schedule equal in time to overtimc �,orked. �sa GF �.15 Severance pay Fay�nenl, a�ade to a�� employee upon honorable separation of emp7oyment ARTICLE IV EMPLOYER SECURITY 7he UNIOfJ agrees that du��i��y tS�e life uf this AGREEi�ic"NT it 4ri11 not cause, encourage, participate in or support any strike, slova-down or other inCerruption of or interference tvith the normal functions of the EMPLOYER. ARTICLE V Et+�PLOYER AUTNORITY 5.1 The EMPLOYER retains �I�e f�l; and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set ar,d ai�ier�d 6udgets; to determine the utilization of technology; tu establish and modify the organizational structure; to seleci, direct, and determine �he nuitiber of personnel; to establish work schedules, and to perform any inherent manayerial function not specifically limited by this AGREEP^ENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREE�•iENT sfiail remain solely within tne discretion of the Ef•1PLOYER to modify, establish, or eliminate. CLE UI U�lION SECURITY 6:1� The EI��PLCYFR sliall deouct from the wages of empioyees who authorize s!�ch a deduction in n�riting an amount recessary to cover monthl�y UPlION dues. Such monies shall be remitted as directed by the UPdIGN. 6.2 The UNION may d�<,ignate employees from the barga�ning unit to act as a steward and an alternate and shall inform the EMPLOYER in �vriting of such choice and changes in the position of steward and/or alternate. 6.3 The EMPLOYER shall make space available on the empioyee bulletin board for posting UNIOfJ notice(s) and announcement(s). 6.4 The UNIO� agrees to indemnify and hold the ENiPLOYER harmless against any and all claims, suits, orders, or judoments brought or issued against the EhiPLOYER as a result of any action taken or not taken by the EMPLOYER under Che provisions of i:his Article. AR 7.1 UII E(�1PLDYE[ RIGHTS - GRIEVAPJCE PROCEDURC Definition of a Grievance A grievance is interpretation this AGR[EMENT. defined as a dispute or disagreeinent as to the or application of the specific terms and cunditions of �c� 6G 7.2 7.3 S f! Union Reprr_scntative5 The E�IPLGY[R will recoynize REi'RESENTRTIVES clesignated by the UNIUN as the 9rievance representatives of the bargaining unit having the duties and responsibilites estal}ti;hed by this Article. The UN10IJ shall notify the EMPI.OYER in v�riting of the names of such UNION REPRESENTATIUCS and of Lheir successors arhen so designaCed as provided by G.2 of this AGREEMEN7. Processing of a Grievance lt is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinaftcr provided is limited by the.job duties and responsibilities of the EffPL0YEF5 and shall therefore be accomplished during normal tiaorking hours only when consistent �nith such Ei�iPLOYEE duties and responsibilities. The acgrieved EMPLOYEE and a -�-- UNION REPRESEPlTATIVE shall be allovred a reasonable amount of time without loss in pay when a yrievance is investigated and presented to the Ef�1PL0YcR during normal o-�orking hours provided that the ENPLDYEE arid ihe UIJION REPRESEiVTATIVE have notified and received the approval of the designated superviso�° who has determined that such absence is reasonable and would not be detrimental to the work programs of the Ef4PL0YER. 7.4 Procedure Grievances, as defined by Section with the follovring procedure: Siep 1. 1, shall be resolved in conformance An EMPLOYEE claiming a violation ceiicerning the interpretation or applicai:ion of this RG^EEP9Ff,T s}�all, wit:hin t�renty-one {21} caler.dar days after such alleged violation has occurred, present such grievance to the EhiPLOYEE'S supervisor as desienaCed by the EP'iPL01'ER. The Eh'PLOYER-desipnated representative tivill discuss and give an ansti;�er to such Step 1 grievance within ten (10) calendar da��s after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the gr•ievance, the facts on which it is based, the provision or provisions of the AGREEN�CNT allegedly violated, the remedy requested, and shall be appealed to Step 2�-rithin ten (10) calendar days after the E14PLOYER-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UPlIGN within ten (10) calendar days shall be considered rJaived. Step 2. If appealed, the �vritten grievance shall 6e presented by the UNION and discussed with the Ef4PL0YER-designated Step 2 representative. The EMPLOYER-designated representative shall give the UNIQId the EPIPLOYER'S Step 2 ansiver in «riting within ten (10) calendar days after receipt of such Step 2 grievance. Fl grievance not resolved in St:ep 2 may be appealed to Step 3 within ten (10) calcrdar days follo�-�ing the [PiPLOYER-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendai° days shall be considered waived. -n- sc�� s. sr If appealed; the r�ritten gricvance shall bc presenl;ed by the UNION and discussed with the EhiPLOY(R-dr;ignated SLep 3 re�resentative. The Eh1PL0YER-designated representative sliall give the UNIOfd the E14PLOYER'S anso-rer in writing within ten (10) calendar days after receipt of such Step 3 grievance. /1 griev�,r�ce not resolved in Step 3 may be appealed to - Step 4 within ten (10) calendar days following the EMPLOYER-designated representaCive's final ans�aer in Siep 3. Flny grievance not appealed in writin9 to Step 4 by the UPlIOtJ within ten (10) calendar days shall be considered waived. Step 4: A grievance unresolved in ;te� 3 and appeaiecl to Step 4 by the UNIDN shall be submitted to arbitration subject to the provisions of the Public Employment Labor �elations Act of 1971. The selection of an arbitrator shall be made in accordance tiaith the "Rules Governiny the Arbitration of Grievances" as established by tlie Public Employment Relations 6oard. 7.5 Arbitrator's l�uthori a. The aebitrator shall nave r�o riyht to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitratur shall co�isider and deciue only the specific issue(s) subi^itted in �•rriting by the Ef�PLGYER and the UN1Qfd, and shall have r�o authority to make a decision on any other issue noi so submitted. i b. The arbit�,ator shall be ��ritiiou* po4,er to ma4:e ciecisions contrary to, or inconsistent �aith, or modifying or varying in any way the application of laws, rules, or reguTations having the force and effect of la�a. The arbitrator's decision shall be submitted in tt�riting within thirty (30) days follo�,ring close of the hearing or the submission of briefs by the parties, whichever be later, unless ihe pariizs ayree to an extension. The decision shall be binding on both the EMPLOYER and the UPo�ron and shall be based solely on the arbitratoi�'s"interpretation or application of the express terms of this AGP.E[P1EfVT and to the facts of the grievance presented. c. The fees and expenses for tlie arbitrator's services and proceedings shall be borne equally by the Ef�1PL0YER and the UWIOh provided that each party shall be i•esponsible for compensating its o�vn representatives and witnesses. If either party desires a verbatim record of the proceedinus, it may cause such a record Co be made, providiny it pays for the recoi,d. lf both parties desire a verbatim record of the proceedings the cost shall be shared equally. -5- �i ,I 7.6 4Jaiver If a grievance is not presented v�ithin the time limits set forth above, it shall be consider�d "vaaived." If a yrievanee is not appealed Lo the next step within the specified tinie lirnit or any agrecd extension thereof, it shall be considered settled on the basis of the Ft�PLOYER'S last ansarer. If the EMPLDYER docs not answer a grievance or an appeal thereof within the specified Cime limits, the Uf�IUN may elect to treat Lhe grievance as denied aC that step and inmiediately.appeal the grievance to the next step. The time limit in each step may be extended by mutual wriCten agreement of the EMPLOYER and the U�ION in each step. 7 J Choice of Remedy If, as a result of ti�e v�ritten EPiPLOYER response in Step 3, the grievance remains unresolved, and if the grievance involves the -�'"-'- suspension, demotion, or discha�•ge of an employee.who has completed the required probationary period, the yrievance may be appealed either to Step 4 of Article VII or a procedure such as: Ci�vil Ser��ice, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article VII the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in arriting which procedure is to be utilized(Step 4 of Article UlI or another appeal 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 4 of Article UII. ARTICLE VIII SAVINGS CLAUSE 7his AGREE61[�dT is sub;iect to the la+•�s of the United States, the �tate of Minnzsota and the City of fri�ley. In the event any provision of this AGREEh�EI�T siiall be held to be contrary to law by a court of competent jurisdiction frorn ;;�hose final judgment oi- decree no appeal has been taken within the time pro�ideci, such provisions shall be voided. All other provisions of this Fl6R[Et�iENT shall continue in full force and effect: The voicted provision may be renegotiated at the written request of either party. ARTICLE IX SEPlIORITY 9.1 Seniority sfiall be determined by the employee's length of continuous employment with the Fire Department and posted in an appr•opriate location. Seniority rosters may he maintained by the FIRE CHIEF on the basis of time in gr-ade and time within specific classifications. 9.2 During the pirobationary peeiod a newly hired or rehired employee may be discharged at the sole oisci-etion of i:he ENPLOYE.R. Durin9 the probationary period a prromoted or reassigned employee may be replaced in his previous position ai: the sole discretion of ihe EP1P1_OYER. -6- 9.3 A reductiun of �•�ork force +�rill be uccor��lished oi� the basis of , senioriCy. Emplvyees shall be rccalled fran layoff on the Uasis of seniority. An emrloyee on layoff shall have an opportunitiy to return to 4rork wiChin tr+o years of the time of his layoff 6efore any new employee is hired. 9.4 Vacation periods to a roar.imum of two (2) weeks shall be selected on the basis of senior4ty until hiay ]st of each calendar year. . ARTICLE X DISCIPLIIdE 10.1 The EP1PLOYER t�;ill discipline employees for just cause and may be iri one or more of the follo��ring forms: a. oral reprir,iand; b. taritten reprimand; c. suspension; d, demotion; or e. discharoe. 10.2 Suspensions, deir.otioiis and discharges will he in written form. 10.3 IJritten reprimands, notices of suspension, ar�d notices of discharge �ahich are to becorne part of an employee's personnel file shall be read and ackno�vledoed by siqnature of the employee. Employees 4�i11 receive a. copy of such repriinands and/or notices. 10.�} Employees may examine their oti;�n individuul personnel files at reasonat��c times under tii� direct supervision o` the Ei+iPLOYER. � ARTICLE XI 4:ORK SCHEDULES 11.1 The normul work schedule for the einployees of the Fire Department shall be a twelve-hour �eorking day. The normal e:ork scheoule for the year 19�0 shall be three thousand sixteen (3,OlG) hours; and three tl;ousand sixteen (3,016) hours for 1981. Said normal work hours to be accowited for by each employee throuqh: i a. hours �rorked on assigned shSfts; b. holidays; c. authcrized leave Cime. The pepartment Head is ��esponsible for scheduling and assig�ing the h�eekly work schedule. 11.2 The City claiiz�s the authority to scliedule employees' work. A normal workday fo�� employees shall be twclve (12) hours between 5:00 P.M. and 8:00 A.F1. The normal workweek shall conunence at 8:00 P.M. on Sunday and shall end at &:00 Fl.h1. on Friday. -7- �_ V �\ GL 11.3 lt is recognized by the parties that service to the public may require the estabTist�mcnt of regular sliifts for some employecs on a daily, weekly, seasonal, or annual basis other than the II:00 P.��. to f3:00 {1.M. shift. The ern�loyer �rill give advance notice to the employees affecLed by the establishnient of work days different thari the normal employees' work day. }1.4 In the event thai vrork is recuired because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, breakdown of municipal equipment or facilities, no advance notice to the employees need be given. It is not reyuired tiiat an employee working other than the normal workday be scheduled to work ma�e than t�velve (l2) hours; hotivever, each employee has an obligation to vaork overtime if requested, unless unusual circumstances prevent him from doing so. 11.5 It is also recoonized by the parties that service to the public may � require the establisnment of regular vrork�,�eeks that schedule work on Saturdays and/or Sundays. Employees aJho are regularly scheduled to be on dut�� Sat��rday antl/or Sunday will be granted tivo consecutive days off in lieu of Saturday and/or Sunday. ARTICLE XII VACATIONS 12.1 Each Employee of the City who has worked regularly for the City for a period of not less than tv:elve (12) successive months is entitled to.a vacation aa:ay from employment with pay. Vacation pay chall be cemauted at tne regular rate of pay to which such Employee is entitled. An Employee wiio �ias wcrked a minimum of twelve (12) months is entitled to one (1) �,�orkday of vacation for each month so worked. AnaEmployee �aho has worked eighty-four (84) consecutive months is entitted to one and one-half (1 1/2) 4•rorkdays of vacation for each month ��orked beginning with the eiglity-fiftli (S5th} month of consecutive employrnent. An Employee afho has worked one hundred eighty (180) successive months is entitled to one and two-thirds (1 2/3) workdays of vacation for each montl; �.orked, beginning with the one hundred eighty-first (181st) month ¢f consecutive employment. Except where othertaise provided by agreement bet�veen the City hianager and Employee, no more than twenty (20) days vacation map be taken in any one calendar year, and the vacations, unless otherwise provided, shall be taken each year during the months of April to and including the month of August. , 12.2. Employees are not authorized Co carry ovei• from one year to the next mo��e than five (5) days of vacation over �ahat the employee had at the end of the previous year, v�ithout express apnroval of his Department Head and the CiCy htanager. 12.3 In the event a regular full-time Employee quits or his employment is severed for any reason whatsoever, he shall receive his earned vacaCion pay. � AR7ICLE X]II PNY FOR i iRE C11LL� �� 13.1 Pay for off duty fire calls shall be an amount equal to ihe current rate being paid to paid call firefighters. This will apply on all fire calls before or after regialar wor4:irig hours or on days off. Should the courts find that the Fridley Fim DepartmenC comes un4er the jurisdiction of the Federal Fair Labor Standards J�ct, this section of the contract shall be null and void. F.RTICLE X1U EI'�PLOYEE EDUCF,TIOfd PRCGRP.i4 14.1 The City will pay certain er,penses for certain education courses based on the folloo:ing criteria. . a. The training course must have relevai�ce to the employees' present or anticiputed career responsibilities. Attendance shall be at a City app�-oved institution. The course must be appi°oved by the Department Head. b. Financial assistance will be extended only to courses offered by ar accredited institution. This includes vocational schools, Minnesota School of Business, etc. 14.2 Employee Education Proorz,ms Firancial Policy Financial assistanc.° IY�Ti be extended to cover only the cost of tuition. Chai°ges for books, stud�nt union mer��bership, stucient health coverage an� other charges fcr v;hich the s�udent recei�Jes some ite�r or service otl�er than actual instructior irill not be poid. The City i•rill pay 5U;6 of the cost oi luitior� in auvance of the �mployee's actual participation in the course ar6 the employee shall pay 5G%: of the cost. Upon successful completion of the course an employee tvill be required to present a certification uf catisfactory ivork to his department head. Satisfactory tiaork is defined as follows: a. In courses issuing a letter gr•ade, a C or above is required. b. In co�mses issuing a nun?erical grade, i0% or above is required. c. In courses not issuing u grade, a certi.fication from the instruction that the student satisfactorily participated in the activities of the co�mses as reruired. 14.3 lf tL•e employee satisfactorily carpletes the course, he will be reimburse�' for the additionul 50% of the tuition cost for which he hao obli_yated himself in the approved application. If the employee fails to satisfactorily complete the course, he will not be reimbursed. 14.4 Ttie program �•iill not i-eimbursc i:he employee for the hours he spends in class, only for tfle i:uition. 14.5 Fxpenses for which Lhe employee is compensated under some other educational or assistance program, such as thc C,I bill, tvill not be covered. � 6 h1 14.6 The City will not pay tuition or other costs for those courses which are used to make Lhe employee eligible for additional salary. ARTICLE XV HOLIDAYS 15.i Nolidays include New Year's Day, January i; Washington and Lincoin's Birthday, the third P4onday in February; Memorial Day, the last Monday in May; Independence Day July 4; La6or Day, the first Monday in September; Christopher Columbus Day, the second Monday in October; Veterans Day, November 11; Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25; provided, when P�ew Year's Day, January 1; or lndependence Day, July 4; or Veterans Day, November 11; or Christmas �ay, December 25; falls on Sunday the following day shall be a holiday, and provided, when Neva Year'S Day, January l; or Independence Day, July 4; or Veterans Day, November 71; or Christmas Day, December 25; falls on ' Saturday, the preceding day shall be a holiday. 15.2 In addition to contract shall City Councii or per year. the holidays listed a6ove, employees covered by this be entitled to two additional holidays designated by the the Department Head, for a totai of eleven (11) hoiidays ARTICLE XVI SICK LEAVE 16.1 Any employee who is unable to vrork because of sickness or injury may obtain a leave of absence upon notice to the City. k�ritten verificat�on of his condition by a competent medical authority may be required. Where the condition of the Employee is such"that he is unable to act for himself, the Union may apply for such ]eave of absence in�his behalf, Failure to notify the City subjects the employee to appropriate discipTine by the City. 16.2 Each employee of the City who has worked regularly for the City for a period not 7ess than tweive (i2) successive months is entitied to sick leave away from employment with pay. Sick leave pay shall be computed at the regular rate of pay to which such employee is entitled. An employee wl�o has worked a minimum of twelve {12) months is entitled to one (1) day of sick leave for each month worked, cumulative to one hundred twenty (120j days of sick leave. After one hundred twenty (120) earned and unused days of sick leave have accumu]ated, one (1) day additional vacation shall be granted to an employee for every three (3) sick leave days earned and unused. The empToyee may elect, after ninety (90) earned and unused days of sick leave have accumulated, to receive one (1) day additional vacation for every three (3) sick leave days earned and unused. Sick leave days shaii not accumuTate beyond one hundred ttiventy (120). Before any sick leave compensation is paid, the City may request and is entitled to receive from any employee who has been absent more than three (3} days in succession, a certificate signed by a competent physician or other medical attendant certifying to the fact that the absence was in fact due to sickness and not otherwise. The City also reserves the right to have an exarninaCion made at any time of any person claiming absence by reason of sickness; such examination may be made when the City deems Che same reasonably necessary to verify the sickness claimed, and ma,y be made in behalf of the City by any competent person designated by the City. -10- �6 PJ ARTICLE XV1I INJURY ON J06 17.1 Any full time City employee who has been employcd by the City at least six (6) months, injured on his regular job, shalt be entitled to full pay up to a period of ninety (90) days while he is absent from work by reason of such injury and his accrued sick leave v+ill not be charged until after and beginning with the ninety-first (91stj day of absence from work by reason of such injury; provided, however, the amount of any compensation shall be reduced by any payrnent received by the injured employee from worker's compensation insurance. An employee who claims an absence from work due to an injury sustained on his regular job is subject to an examination to be made in behalf of the City by a person competent to perform the same and as is designated by the City. CLE XUIII PRQBATIONARY PERIODS, 18,.1 Al1 netialy hired or rehired employees will serve a six (6) month , probationary period. ARTICLE XIX FUNERAL PAY 19.1 In case of death occurring in the immediate family of an employee, such an employee may be excused from work for up to three days with additional time off granted by the City Manager if additional time is • needed. This time aff shall not subject ihe employee to loss of pay. For this purpose, members of the`immediate family of the employee are considered to be the following; spouse, child (natural or adopted), parent, grandparent, br�ther, sister, mother-in-la�a or father-in-law. ARTICLE XX JURY PAY 20.1 .It shall be understood and agreed that the City shall pay all regular full time empleyees serving on any jury the difference in salary between jury pay and his regular salary or pay tahile in such service. ARTICLE XXI UNIFORM ALLOIJANCE 21.1 The City shall provide a uniform clothing allotivance for Firefighters of �205 per year for the year 1980 and $222 in 1981, said allowance to be paid in cash, one-half in January and one-half in July of each year. ARTICLE XXII HEALTH AND NOSPITAL INSURANCE 22.1 The EMPLOYER will contribute up to a maximum of �80.00 per month per employee towards health, life and long term disability insurance during the year 1980, and $87.00 per month during the year 1981. _��_ .1 � AR7If,Lf Y,X11J RAT[S OF Pf�Y 23.1 Fi�e`ighters First six months After six months Afiter 1-1/2 years After 2-1J2 years Afier 3-1/7_ years 23.2 Fire Captain 1980 $1,334 per month $1,4U�1 per montih �1,473 per n�onth g1,555 per month $1,C37 per month �i,742 per month ARTICLE XY,IV ADDITIOP!A.L 1PdCEhlTIUE PAY 19II1 To 6e �Jegotiated To 6e P�egotiated 1"o Be Plegotiated 7o L'e Neaotiated To Be P;egotiated To Ee IVegotiated 24.1 Incentive pay �-aill be paid uver and ebove the standard base rate or going rate for Employees f:ired prior to January 1, 1974 according tio the folloerino schedule, provided employees have m.ade demoi�strable proyress toH�ards improving their pr�oficiency for their particular job title or jab assignment. After 5 years ofi service After 10 years of sei'vice After 15 years of service ARTICLE XXV CaLLEGE CRECITS 19II0 & 19II1 $24 $48 $72 i 25.1 For Firefi,hters hired after January 1, 1974 tf�e City Y;ill pay for education credits.earned at an accreoited irstitution of higl-�er learning at the rate of $.40 per yuarter credit stU�,tiny rrith the ninety-first (41st) quarter credit up to a maximun of one hundred eighty (18pJ credits or a maximurn of �36.00 per ruo�ith. Ail courses taken must be approved hy the Employer. Nu Firefiqhter hired after January 1, 1974 t•rill he eligible for payments under ARTICLF �XIV. P!o Firefi,hter will drat,� both additional incentive pay under ARTICLE RXIV, and pay for education credits. Employecs will not be eligible for education credits during their six (6) month probationary period, A cfetermination of tne number of credits an employee is eliqible for will be made on December 1 of the prftvious year. Credits earned durinG the year tiaill not be counted until the succeeding year. The City will not pay tuition for courses that Employec will tater be paid for as noted above. ARTICLC. XXVI SFUfRANCE PlIY 26.1 For all ernploye�s hired prior to January l, 1�37t3, the severance pay policy shaTl be as follows: -12- GP GQ Any Employee wiCh forty-eight (�F3) ur more consecutive months of employment. 1•�ill receive severancc pay in cash b<�sed on one-and-one-half (1 1/?) days for cach t4ielvr_ (12) consecutive months worked, but not to exceed thirty (30} cJays of the same. 2b.2 For ali employees hired after �anuary 1, )97II, the severance pay policy shall be as follows: An employee with forty•-eight (4II) or more consecutive months of employment a�ill receive severance pay in cash based on one and one-half (1 1/2) days of severance pay for each tweTve consecutive months worY,ed. The amount of severance pay due an employee shall not exceed one-third (1/3) of their unused sick leave. ARTICLE XXVII WA NER 27.1 Any and all prioi, agreements, resolutions, pi-actices, policies, rules and regulations reyardiny terms and condil:ions of employment, to the extent inconsistent with the provisions of this AGREEFiENT, ar�e I�ereby superseded. 27.2 The parties mutually acknor�ledge'that during the negotiations whidi resulted in this FiGREEh�iEPiT, each had the unlimited right and opportunity to ma'r,e dernands and pronecals with respect to any term or condition of employr,tent not re��oved by lai-+ frvm bargainir�g. All agreements and understandings arrived at by the parties �re set forth in ��riting in this IIGREEt=iEPlT for the stipulaced duration of this AGREEt'�EMT. The Ft�PLOYcP, and th� L'l+lOf�! each volur,tarily and unqua7ifiecily waives the .right to rneet and negot.iate regarding any and all terms and conditions of employment referred to or covered in this �GRE[MEfdT or arith respect to any te�-m or conditioi� of employment not specifical7y referred to or covered by this AGREEf�iEWT, e��en tnough such terris or condiCions may not have been t•�iihin the knoaaledge or contemplation of either or 6oth of the parties at the tim2 this contract �:as neyotiated or executed. ARTICLE XXUIIT DURATI�N This AGREEt�1Eh'T sha17 be effective as of January 1, i980, and sha17 remain in full force and effect until the thirty-first day of December, 1931, except that.wages w�ill be negotiated at a latei• date for the year 19F31. In taiLness wllereof, the parties hereto have executed this AGREEP1EfdT on this daY _ , 193 . -13- .. CITY OF FRIDL[Y MAYOR - WILLIAI4 J. (�EL CITY NI1PlFl6ER - N/1SIf4 M. QURESHI FOR THE INTERNl1T10(lP�L ASSOCIIITION OF FIRE fIGfITERS LOCAL IJO. 19�6 HOWARD H. SI(40NSOP� GARY E. LARSON DLNivIS t�1. OTTEM I hereby recomn:end to the City Council approval of this Agreement. . ASST. CI 11' i��GR. jF1iJ. �I� - h1Ai<VIN C. L'RUt•tSELL -14- A v 6 P� � f , ,r�� :�' ,�, MEMORANDUM � 3 .'� k �� 24 CIiY OF �: :: ,�- � MINNESt7TA DATE MAY 29, 1980 ppp� Marvin C. Brunsell SUBJECT RESOLUTION GIVING FINAL APPROVAL TO THE $700,000 IPdDUSTRIAL DEVELDPMENT REVENUE BONDS OF 1980 - SIMER PUMP COMPANY CITY MANAGER TO ACT IINFO On December 3, 1979. a public hearing was held on the question of issuing industrial development revenue bonds for Simer Pump Company. On December 3, 1979, the City Council gave preliminary approval to this bond issue. Approval was granted by tfie Minnesota Commissioner of Securities on December 20, 1979. The company is now asking for final approval and authority to issue the bonds. The Council act�on needed is to approve the Resolution Providing `or the Issuance and Sale of Industrial Revenue Bond Pursuant to Chapter 474, Minnesota Statutes to Provide funds to be Loaned to Simer Pump Company for Industrial Development Project and Approving Loan Agreement, Pledge Agreement, Construction Loan Agreement, Combination Mortgage, Security Agreement and Fixture Financing Statement and Buy and Sell Agreement. Also included for your informaticn is for Simer Pump Company, dated November & Hopwood dated October 25, 1979. letter from Faegre & Benson, attorneys 6, 1979; and a letter from Piper, Jaffray Y �' M Extract of Minutes of Meeting of the City Council of the City of Fridley, Minnesota Pursuant to due call and notice thereof, a meeting of the City Council of the City of Fridley, Minnesota was duly held at City Hall in said City of , the day of 1980, at o'clock .M. The following Council members were present: and the following were absent: * * � Council member * * * � * * introduced and read the following written resolution and moved its �doption: RESOLUTION NUMBER A RESOLUTION PROVIDING FOR TH�' ISSUANCE AND SALE OF INDUSTRIAL REVENUg BpND pLTgSUANT TO CIiAPTER 474, MINNESOTA STATUTES TO PROVIDE FUNDS TO BE LOANED TO SIMER PUMP COM?ANY FOR I2dDUSTRIAL DEVELOPMENT PROJECT AND APPROVIt1G LOAN AGP.�EMENT, PLEDGE AGR�EMENT, CONSTRUCTION LOI�N AGREEA7ENT, COMBINATION MORTGAGE, SECURITY AGREEMRTiT AND FIXTURE FINANCING S7'I�TrN7ENT I�NT) BUY AND SELL AGRE�r57ENT The motion for the adoption of the foregoing resolutiou was duly seconded by Council member , and upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 7 �� 7R RE50LUTION NiJMBER A RESOLUTION PROVIDING L'OR THE ISSUANCE AND SALE OF INDUSTRIAL REVENCTE BOND PURSUANT TO CHAPTER 474, MINNESOTA STATUTES TO PROVIDE FUNDS TO BE LOANED TO STMER PUMP COMPANY FOR INDUSTRIAL DEVELOPMENT PROJECT AND APPROVING LOAN AGREEMENT, PLEDGE AGREEMENT, CONSTRUCTION LOAN AGREEMENT, COMBINATION MORTGAGE, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT, AND BUY AND SELL AGREEMENT BE IT RESOLVED by"the City Council of the City of Fridley, Minnesota (the "City"), as follows: 1. Authoritv. The City is, by the Constitution and Laws of the State of Minnesota, including Chapter 474, Minnesota Statutes, as amended {the "Act"),,authorized to issue and sell its revenue bonds for the purpose of financing the cost of author- ized projects and to enter into contracts necessary or convenient in the exercise of the powers granted by the Act. 2. Authorization of Pro'ect; Documents Presented. This Council proposes that the City shall issue and sell its City of Fridley Industrial Development Revenue Bond (Simer Pump Compahy Project) in substantially the form set forth in Exhibit A to the hereinafter mentioned Loan Agreement ;the "Bond") pursuant to the Act and loan the proceeds thereo£ to Simer Pump Comp�ny, a Minnesota corporation (the "Company"), to finance the costs of the construction of an addition to its existing manufacturing building and the acquisition and installation of equipment therefor, together with any site improvements required in relation thereto, (the "Project") all pursuant to the Act. Forms of the following documents relating to the Bond and the Project have been submitted to the City Council and are now on file in the office of the City Clerk. (a) Loan Agreement (the "Loan Agreement") dated as of May 1, 1980, between the City and the Company whereby the City agrees to make a loan to the Company and the Company agrees to complete the Project znd to pay amounts sufficient to provide for the full and prompt payment of the principal of, premium, if any, and interest on the Bond; (b) Assignment and Pledge Agreement {ttie "Pledge Agreem�nt"), dated as of May 1, 1980, from the City to MidZand National Bank of Minneapolis (the "Mortgagee"), whereby the City assigns its interest in the Loan Agreement to the Mortgagee as security for the Bond; (c) Construction Loan Agreement (the "Construction Loan Agreement"), dated as of May 1, 1980, by and among the City, the Mortgagee and the Company, providing for the purchase of the Bond by the Mortgagee and the making of advances thereunder from the Mortgagee to the Company,; -2- 7C (d) Combination Mortgage, Security Agreement and Fixture Financing Statement (the "Mortgage"), dated as of May 1, 1980, between the Company and the Mortgagee, by which the Company grants to the Mortgagee a mortgage lien on and security interest in the Mortqaged Praperty, as defined therein, as security for the payment of the Bond (Yhis document not to be executed by the City); and (e) Buy and Sell Agreement (the "Buy and Sell Agreement"), dated as of May 1, 19B0, by and among the Mortgagee, The Ministers Life and Casual�y Union (the "Permanent Lender") and the Company, whereby the Permanent LendeY agrees, at the completion of the Project, and subject to the conditions therein stated, to purchase from the Mortqagee the Bonfl and the instruments providing security therefor (this document not to be executed by the City). 3. Findings. It is hereby found, determined and declared that: (a) The Project, as described in paragraph 2 above and in the Loan Agreement, constitutes a project authorized by and described in Section 474.02, Subd. 1, of the Act. (b) The puspose o£ the Project is and the effect thereof will be to promote the public welfare by: prevent-- ing the emergence of blighted and marginal lands and areas of chronic unemp].oyment; preventing.economic deterioration; the development of sound industry and corntti�rce to use the available resources of community, in order to retain the benefit of the community's existing investment in educational and public service facilities; halting the movement of talented, educated personnel to other areas and thus preserv- ing the economic and human resources needed as a base for providing governmental services and facilities; and increasing the tax base of the City and the county and school district in which the Project is located. (c) The Project has been approved by the Commissioner of Securities of the State of Minnesota as tending to further the purposes and policies of the Act. (d) The issuance and sale of the Bond, the execution and delivery of the Loan Agreement, the Construction Loan Agreem�nt and the Pledge Agreement and the performance of all covenants and agreements of the City contained in the Bond, the Loan Agreement, the Construction Loan AgYeement, and the Pledge Agreement and of all other acts of the City and the State of Minnesota to malce the Loan Agreement, the Construction Loan Agreement, the Pledge Agreement and the Bond valid and binding obligations of the City in accordance with their terms, are authorized by the Act. -3- 7D {e) It is desirable that th.e Bond, in the principal amount of $550,060, be issued by the City upon the terms set £orth herein anfl in the Loan Agreement, be assigned to the Mortgagee pursuant to the Pledge Agreement as security for the payment of principal of, premium, if any, and interest on the Bond. (f) The•Loan Agreement provides for payments by the Company to the Mortgagee for the account of the City of such amounts as will be sufficient to pay the principal of, premium, if any, and interest on the Bond when due. No reserve funds are deemed necessary for this purpose. The Loan Agreement obligates the Company to provide for the operation and maintenance of the Project, including adequate insurance, taxes and special assessments. (q) Under the provisions of Section 474.14, Minnesota Statutes, and as provided in the Loan Agreement, the Bond is not to be payable from nor charged upon any funds other than amounts payable by the Company pursuant to the Loan Agreement which are pledged to the payment thereof, or moneys received upon disposition of the Mortgaged Property under the Mortgage; the City is not subject to any liability thereon; no holder of the Bond shall ever.have the right to compeZ the exercise of the taxing power of the City to pay the Bond or the interest thereon, nor to enforce payment thereof against any property of the City; the Bond shall not constitute a charge, lien or encumbrance, legal or equitable, upon asly property of the City, other than its interest in the Loan Rgreement, the Bond shall recite that the Bond, includinq interest thereon, shall not constitute nor qive rise to a pecuniary liability of the City of a charge against its general credit or taxing powers and that the Boiid does not constitute an indebtedness of the City within the meaning of any constitu- tional or statutory limitati�n. 4. Approval and Execution of Documents. The forms of Loan Agreement, Pledge Agreement, Construction Loan Agreement, Mortgage and Buy and Sell Agreement, xeferred to in paragraph 2 are approved. The Loan Agreement, Pledge Agreement, and Con- struction Loan Agreement shall be executed in the name and on behalf of the City by its Mayor and City Manager, or by other appropriate officers of the City authorized to execute documer.ts on their behalf, in substantially the form on file, but with all such changes therein, not inconsistent with the Act or other law, as may be approved by the City Attorney, Bonfl Counsel and as may be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof. Copies of all documents shall be delivered and filed as provided therein. She Mortgage and Buy and Sell Agreement may contain such revisions as may be approved by the Mortgagee and the parties executing the same. -4- 7E 5. Approval, Execution and Delivery of Bond. The City shall proceed forthwith to issue the Bond, to be dated the date of delivery, in the principal amaunt of 5550,000, in the form and containing the terms set forth in the form of Bond attached as Exhibit A to the Loan Agreement, which terms are for this purpose incorporated in this resolutiom and made a part hereof. The proposal of the Mortgagee to purchase the Bond at a price of $550,000 (100% of its par value) by making advances in accordance with the Construction Loan Rgreement is hereby found and determined to be reasonable and is hereby accepted. The Mayor and City Clerk are authorized and directed to prepare the Bond in typewritten form substantially in the form set forth in Exhibit A to the Loan Agreement. The Bond shall be executed by -�"- the manual signatures of the Mayor and City Manager and the official seal of the City shall be affixed thereto. When so prepared and executed the Bond shall be delivered to the Mort- gagee upon receipt of the purchase price therefor, which may be paid to the parties entitled to receive the loan proceeds in accordance with the Construction Loan Agreement and the Loan Agreement. The Bond shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive evidence of the validity and regularity of the issuance thereof. 6. Registration Records. The City Clerk, as Bond Registrar, shall keep a Bond Register in which the City shall provide for the registration of the Bond and for transfers of the Bond. The principal of and interest on the Bond shall be payabie to the Mortgagee or registered assigns in lawful monej� of the United States o£ America at the address of the Mortgagee or registered assigns as shown on the Bond Register. 7. Mutilated, Lost, Stolen or Destroved Bond. If the Bond is mutilated, lost, stolen or destroyed, the City may execute and deliver to ihe registered owner a new Bond of like date, number, maturity and tenor as that mutilated, lost, stolen or destroyed; provided that, in the case of mutilation, the mutilated Bond shall first be surrendered to the City, and in the case of a lost, stolen or destroyed Bond, there shall be first furnished to the City and the Company evidence of such loss, theft or destruc- tion satisfactory to the City and the Company L-ogether with indemnity satisfactory to them. The City may charge the Bondholder with its reasonable fees and expenses in this connection. 8. Transfer of Bond; Person Treated as Owner. The Bond shall be transferaUle by the registered owner on th.e Bond Register of the City, upon presentation of the Bond for notation of such transfer thereon at the office of the City Clerk, as Bond Registrar, accompanied by a written instrument of transfer in form satisfactory to the Bond Registrar and the City Attorney duly executed by the registered owner or its attorney duly av.thor- i2ed in writing. The registered owner seeking to transfer owner- ship of the Bond shall also give written notice thereof to the Company. The Bond shall continue to be subject to successive transfers at the option of the registered owner of the Bonfl. No service charge shall be made for any such transfer, but the Band -5- Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection therewith. The Bond Registrar shall give written notice to the Company of any transfer of ownership recorded an the Bond Register immediately upon effectuating the same. The person in whose name the Bond shall be registered from time to time shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of and interest on the Bond shall be made only to or upon the order of the owner thereof, or its attorney duly authorized in writing and neither the City, the Bond Registrar nor the Comuany shall be affected by any notice to the contrary. All such payments shall be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. 9. Amendments, Charges and Modifications to Lo COIIStYllCtlon i,Aan A2raamont p7aA�o-n�roomor+ � ��uu nc5�iu�ioti. 1�IIe C1LX 5Ad11 riOt, without the written consent of the Mortgagee, enter into any agreement, change, modification, alteration or termination of the Loan Agreement, the Construction Loan Agreement, the Pledge Agreement or this Bond Resolution. 10. Certificates, etc. The Mayor, City Manager and City Clerk and other officers of the City are authorized and directed to prepare and furnish to th.e purchase of the Bond, certified copies of all proceedings and records of the Ci�y relating to the Bond, and such other af.£idavits and certi£icates as may be required to show the facts appearing from the books and records in such of£icers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. Attest City C erk Approved MZyor _6_ 7C 7G STATE OF MINNESOTA) ) SS. COUNTY OF ANOKA ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Fridley, Minnesota (the "City°}, do hereby certify that the attached copy of resolutions is a true and compared copy of resolutions duly adopted by the City Council -°� of the City on , 1980, signed by the Mayor and on file and of record in my office, which resolutions have not been amended, modified or rescinded since the date thereof and which are in full force and effect as of the date hereof. WITNES5 My hand and seal of the City this day of 1980. (Seal} City Clerk City of Fridley _�_ , FAEGRE � BENSC�N IJOO NONTMWESTENN pANH OUILDINO MINNEAPOU9. MINNESOTA 65402 612/»�-6300 November 6, 1979 � Minnesota Commissioner of Securities Minnesota Department of Commerce Securities Division 50-0 Metro Square Building St. Paul, Miniiesota 55101 ii Re: $700,000 City of Fridley Industrial Development Revenue Bond (5imer Pump Comgany Projectl Dear Conunissioner: It is our opinion as bond counsel for the above- captioned issue that the proposed project described in the Appl9.cation for Approval herewith constitutes a"project" within the meaning of Minnesota Statutes, Section 474.02, Subdivision 1, and t}iat, when issued, the bond will be a valid and Uinding instrument in accordance with its terms, assuminq valid authorization. Very truly yours, FAEGR� k BENSON BY (.�i�/f /�j�� j�`-'-`j - V F �� 7H � 800 Muttifoais IIuilding 733 Marqucttc Avcnuc Minnc:ipolis, Minnc�ou 55402 612/371-GI U ' ° ) Piper, Jaffray & �{opwoad µfqppV.A�[D . E�hDfrshW f895 MemWr New York SfocX Exchange, Mc. r Honorable Mayor and City Council City Hall Fridley, Minnesota 55432 October 25, 1979 Re: Proposed Issuance of $700,000 Industrial Development Revenue Bonds of the City of Fridley, Minnesota (Simer Pump Company) Gentlemen: At the request of Simer Pump Company, we have conducted a study of the preliminary feasiUility of the �roposal that the City of Fr3.dley issue its revenue bonds under Lhe provisions of the Minnesota Municipal Indu.,trial Development Act to provide funds for building and equipping an addltion to the Simer Pump Company facility located within th,e City of Fxidley. It is our opinion that on the basis of current financial conditions, the Project is economically feasible and the revenue Uond(s) of the City can be successfully issued.and sold. We propose to purchase said Uonds, suhject to approval of- the Project by the City of Fridley and the Tfinnesota Commis- sioner of Securities and agreements as te the te�s and conditions of the Loan Agreement and Bond Purchase Agreement. We understand a copy of this letter will be forwarded by the Fridley City Clerk to the Comnissioner of Securities of the State of Minnesota to serve as the letter of intent required by the Commissioner. m Very truly yours, PIPER, JAFPRAY & HOPWOOD INCORPORATED By � 7I � PROMOTIONAL APPOINTMENTS I'OR COUNCIL CUNCURREPJCE - JUNE 2, 1980 NAME POSITION EFFECTIVE DATE SALARY EXPLANATION Kenneth Wilkinson Dep. Public June 3, 1980 $2,295/ Sgt. to Dep. Safety Dir. rionth Public 5afety Director James Bankston Waldemar Olsen Gary Lenzmeier Police Corporal Police Corporal Police Corporal •June 3. 1980 June 3, 1980 June 3, 1980 $1,852.50/ Officer to Month Corporal $1,852.50/ Officer to Month Corporal $1,852.50/ Officer to Month Corporal FQR CONCUP,RENCE SY THE Ci7Y COUNCIL - CLRI�'IS , CLAI��1 t�U(�BERS �33520 - 151938 , .� FOR CONCURRENCE BY THE CITY COUNCIL - ESTIP•�ATES Halvorson Construction 4227 - 165th Avenue N. E. Wyoming, MN 55092 Partial Est. ,#3 - 1980 Misc. Concrete Curb & Gutter Contract $ 1,410.00 10 j 1_ Jr, ' UO FAR CONCURREi�10E 5Y TNE CITY COUNCIL — LIC�I`�SES PERMIT FOR FIRE WORKS DISPLAY.ON JULY 4, 1980: Gerry Herringer c/o 100 Twins Drive In Theatre 4121 Stinson Blvd. NE Columbia Heights, MN 55421 . APPROVED BY: R. D. Aldrich, Chief Fire Dept. y a' 0 �l p �U�% \U� F.OR CQNCURRENCE EiY THE CITY C�UNCIL - L.ICE'�SES L June 2, 1980. zi � �pe of License: 8� Ap�roved By: . Fees: Cigarette , . Meinke's Grocery Hut Gordon 14einke James P. Hill . $12.00 7883 E. River Rd. Public Safety Director ; Fridley, D1n. 55432 Skywood Clns. � Launderers Spec. Vending 5251 Central Ave.P�.E. Fridley, Mn. 55432 Target Hdqts. 1080-73rd Ave.N.E. Fridley, Mn. 55432 University Station 761� University Ave.N.E. Fridley, Mn. 55432 5ervomation Thomas L.Suggs. Bil7iards University Station Thomas L.Suggs 7610 University Ave. Pl.E. Fridley, t4n. 55432 Food Establishment " Alexandra }fouse 6633 Arthur St.N.E. Fridley, Mn. 55432 � Meinke's Grocery Hut 7883 E.River Rd. Fridley, Mn. 55432 Perinian-Rocque Co. 51 - 52nd Way N.E. Fridley, Mn. 55432 Target Stores 755 - 53rd Ave.N.E. Fridley, Mn. 55432 Food Vehicle Lasco Concession'S 1ll40 Jefferson Blaine, P1n. 55434 Off Sale Beer Meinke's Grocery Hut 7883 E. River Rd. Fridley, Mn. 55432 Anoka Task Force GorcJon Meinke Perlman-Rocque Co Richard D: �tieler Leonard A. DeMann Gordon Meinke James P. Hill $12.00 Public S�$ety Director • - James P. Hill Public Safety Director James P. Hill Public Safety Director .-,. James P.Hill Public Safety Director Steven J. Olson � Health Inspector Steven J. Olson Health Inspector Steven J. Olson Health Inspector Steven J. Olson Health Inspector Steven J. Olson Health Inspector James P. Hill Public Safety Director �12.00 $12.00 $40.00 $35.00 $35.00 $35.00 $35.00 $55.00 $50.00 '� I1l� I F.OR CONCURREMCE E3Y THE CITY COUNCIL — LICEi�SE$ ,]une 2, 1980 , Public Drinking Knights of Colubmus 6831 Highway #65 N.E. Fridley, Mn. 55432 Ronnie's Bar 240 t�ississippi St. ��.E. Fridley, Mn. 55432 Retai1 Gasoline Gayne J. Maloney James D. Hennessey Target Stores Richard D. ldieler 755 - 53rd Ave.P�.E. Fridley, Mn. 55432 Refuse Hauler Bautch Disposal Raymond Bautch 10264 Xylite St. N.E. Mpls. P1n. 55434 Vending Machine Skywood Clns, & Launderers Spec. Vending 5251 Central Ave.N.E. Fridley, Mn. 55432 Target Hdqts. Servomation 1080 - 73rd Ave. N.E. Fridley, Mn. 55432 Target Stores Richard D. Nlieler 755 - 53rd Ave.N.E. Frildey, Mn. 55421 � � James P. Hill Public Safety Director James P. Hill Public Safety Director Robert A. Aldrich Fire Inspector Oarell Clark Buildi.ng Inspector Steven J. Olson Health Inspector Steven �. Ol�on Health Inspector � Steven J. Olson Health Inspector Steven J. Olson Health Inspector � 11 ll $300.00 $300.00 $60.00 $50.00 $45.00 $90,00 $30.00 � ' �J 11 � � pr, 0 F.OR CONCURRLNCE SY 7NE C17Y COUNCtL - LIC�NS�s JUNE 2, 1980 . � GENERAL CQNTRI�C�R APPROVED BY • . - ,Ciistom Poo1s - . . . . � . , � 701 E. �xcelsior � � . � AARft$�, CLARK �. � . '� Hopkins, MN 55343 By: Jan Mulvaney Chief Bldg. Official �. L. Gudmunsen O�nstructi.on Inc, , � • � � � . 1410 Coon Rapids Boulevard AARR�L CLARK Coon Rapids, MN 55433 By: Larry Guch¢unsen Chief Bldg. O�ficial'� Keymen Construction Inc. � � �. � � 5952 Woodland Circle � � ' � DARREL CLARK � � Minnetonka, t41d 55343 By: Scott Rqsenlund . Chie£ Bldg. Official Vinewood Builders Inc. . 1508 Ferndale�Avenue N.E. , DARI2EL CLARK Fridley, MN 55432 ' By: Ronald Scholl Chief Bldg. O££icial i i x ;