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06/04/1979 - 00013799� � ' THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL CF �UNE 4, 1979 The Regular P9eet�ng of the Fridley City Counc�l was by Mayor Nee. PLEDGE OF ALLEGIANCE: called to order at 7.40 p.m Mayor Nee led the Counctl and audience in the P;edge of Allegiance to the Flag. ROLL CALL. MEMBERS PRESENT• Mayor Nee, Councilinan Barnette, Councilman Schneider, Councilwoman Moses and Councilman Fitzpatrick MEMBERS ABSENT. None APPROVAL DF MINUTES: 60ARD OF REVIEW MEETING, MAY 14 MOTION 6y Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Barnette. Upon a voice vote, all votrna aye, f^ayor PJee declared the motion carried unam mously. PUBLIC HEARING PiEETIfJG, f9AY 1�}. 1 MOTIOfd by Counc�lman Schneider to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, �4ayor Nee declared the motion carried unanimously. SPECIAL MEETING, MAY 15, 1979� MOTION 6y Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carr�ed unantmously. CONTINUE� 60ARD OF REVIEW, MAY 21, 1979. MOTION by Councilman Fitzpatrick to approve the minutes as presented Seconded by Councilwoman Moses. Upon a voice vote, all vot�ng aye, Mayor Nee declared the mot�on carr7ed unanimously. REGULAR MEETING, MAY 21, 1979: P10TION by Counc�lwoman Moses to approve the m�nutes as presented. Seccnded by Councilman Schneider. Upon a voice vote, all vot�ng aye, Mayor Nee declared the mution carried una m mously ADOPTION OF AGENDA. Mayor Nee requested the addition of the following item "Consideration Giving Concept Approval to Establishment of a Motor Bike Recreation Area" MOTION by Councilman F�tzpatrick to adopt the agenda with the above addition Seconded by Counc�lwoman Moses. lJpon a vo�ce vote, all vot�ng aye, Mayor Nee declared the motion carried uranimously. OPEN FORUM, VISITORS There was no response from the audience under this �tem of bus�ness OLD 2USINESS CEIVING REPORT REGARDING CONVERTING EXISTING TOWNHOUSES IN SIDERATION OF APPROVAL OF FINAL PLAT AN� VARIANCE, JAY P I Pl I �� REGULAR MEETING OF JUNE 4, 1979 PAGE 2 MOTION by Counc�lman Fttzpatrick to receive the report regarding convertiny existiny townhouses into condominiums, as submitted by Jerry Boardman, City Planner. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Qureshi, City Manager, stated, in considering approval of the f�nal plat, there should be discussion on the approach the Council can take, either town- house ownershtp or condaminiums. Mayor Nee questioned where the City has the authority to convert existing , rental um t> into owner occupied um ts. Mr. Sob�ech, PublicUl�rks Director, stated, to specif�cally state that the City can convert existing units into owner occup�ed units, there is notning in the statutes; however, certain platt�ng and zoning codes permit development of a certain nature. He stated, in this case, staff enl�kened it to a townhouse development because �t involves a certain area, certain numbers of units and density, and certian criteria that could be established or waived to consider tnis as a townhouse development. He stated this �s the reason it is being processed through for platting and the variance requested to satisfy the townhouse development. Mayor Nee questioned if there was something �n the Platting Ordinance which states they could draw a plat like this one proposed Mr. Sobiech stated the Platting Ordinance allows a parcel of property to be subdivided. Mayor Nee also questioned if a plat could be developed that contains about 30 foot wide lots. Mr. Sobiech stated the Zoning Code does not permit platting into 30 foot lots. That is why, if there is a positive consideration of this item, it would be platted into townhouse property in order to strictly conincide w�th tcwnhouse plats that have been developed previously. He stated there would be blocks and lots and the common property would be maintained by an association that would have to be established. Playor Nee felt, as the ordinance stands now, this is proh�bited. He stated the Zoning Grdinance provides if there is no way to provide a reasonable use ' of the land, then there could be a variance; however, in this case, the site is already established. Counc�lman F�tzpatrick questioned, if in the future, persons could build double bungalows on a single lot and then proceed to split them. Mr. Herrick, City Attorney, �ndicated this could 6e done Mr. Sobiech stated the report received by the Council indtcates this has been done �n the conver- sions that have taken place. Nir. So6iech stated there was an art�cle in the Wall Street Journal wh�ch indicates a rental problem with the conversion of rental units that has taken place in the Eastern part of the country because, �n some cases, you are actually dtsplacing people who cannot afford the homeowner occupied price. He felt th�s would be the most serious problem in conversions. Playor Nee stated, it seemed to him, in order to approve this, the ordinance would have to be amended as there is no reason for the variance. P1r. Sobiech stated, in this case, it is the economical or financial hardship that �s involved. Mr. Qureshi, City P�anaaer, felt the Council should consider whether or not they wish to allow this type of development and, if so, the proper mechanism should be developed He stated the staff recommendation is that it 6e allowed ' o�i a limited basis, under the townhouse development requirements. He pointed out ti�at the City has about 7D units out of 2900 rental un�ts which may fall into this category. Councilman Fitzpatrick stated what bothers him is simply that he can foresee that the Council would be setting precedent for setting up substandard lots He pointed out that you would not only be creating them with the exist�ng double bungalows, but would circumvent the present ordinarice. REGULAR MEETING DF JUNE 4, 1979 PAGE 3 Mr. Herrick, City Attorney, stated, aside from the policy of whether or not the Council wishes to have add�tional rei�tal um ts or not, the C�ty Code states, in order to have a dou6le bungalow, the lots must be a certain size He pointed out there vaould be exactly that much space on the lot whether you have one family owning and one renting or both of them ou�ning their unit. Councilman Fitzpatrick stated he agreed it doesn't change the density, but only one person was responsible for the building. He questioned why, if rt � wasn't necessary, it was provided for in the first piace. Mr. Herrick felt �t was done in order to provtde a variety of housing and that tt is cheaper to construct a double bungalow on one lot then two single fam�ly houses on two lots. He felt the concept of conversions with dual owner- ships is a rather new one and was not thought about when the Zoning Code was adopted. � � Councilman Schnetder felt this concept might 6e a way for someone to obtain two building sites for sale out of what would normally be a single site, thert:by circumventing the ordinance. Mayor Nee felt the ent�re question had to be reviewed whether or not they wanted "�" lot llnes. Mr. Herrick felt the Counctl should determ�ne �f they want to allow existing uni�s of th�s type to convert from rental to ownership and also if tYiay want to permit this concept for new construction He po�nted out, if this was to be allowed, the mechanics of it could be done under the code, as it stands now, or with some simple modificaiions. Councilman F�tzpatrick stated he was not prepared to allow building on 30 foot lots. Mr. Qureshi stated it �s a questton on whether the Council wishes to perm�t more rental un�ts or more private ownersh�p. Mayor PJee questioned whether one person or several would be responsible for the structure. Mr. Sobiech stated there would be a developmental agreement which would indicate that the by-laws would 6e reviewed and that would be enforceable because it ts an agreement between the City and developer. Mr. Herrick stated a development agreement would be enforceable, 6ut probably only unt�l the development �s complete, then �t is up to the ind�v�dual property owners to operate �t, unless �t violates some of the City's other codes. Councilman Barnette pointed out that these um ts only have one water meter and if one person doesn't pay their bill, how �s this handled. Mr. 5obtech stated it would be covered �n the by-laws P�r. Herrick stated a lten cou1d also be placed agatnst all the property, if it �s a service that is 6eing used by all. Councilwoman Moses stated they have thts concept in Brooklyn Park and the residents pay an additional sum, in addition to their rent, to cover the costs for util�ties. h1ayor fdee quest�oned, under this concept, if convenants could be put in, such as a co-op. Mr. Herrick felt this miqht be a possibil�ty. Mr. So6�ech stated the Planning Commission is in the process of reviewing the Zoning Code and the P�etropolitan Council will be studying this concept in the next several months. REGULAR I�EETING OF JUiJ� 4, 1979 PAGE 4 Councilwoman Moses stated she personally felt this is a trend that is happening now and vaould like to pass th�s �tem, rather than table tt. �r Herrick stated that some commum ties have cluster developments and felt perhaps th�s might be quite similar where units are very close together and there is a lot of open space that is commonly owned by the entire group Councilman Schneider felt there were several issues that thts particular plat doesn't raise. He indicated he was concerned with the general maintenance and also that possibly a developer may find some way of using this to totally undo some areas by not follovaing the �ntent of the Zonin9 Code Councilwoman Moses suggested looking at this concept in terms of existing structures and at new construction in another light. Mayor Nee stated he would feel much better if this was in the Zoning Code as he has a problem of how to rational�ze a variance, as far as hardsh�p, since �t is now an existing use. h1r. Herrick felt that if the Counci7 has any incl�nations to authorize thts type of conversion, they could prepare a procedure to allow it, however, if they felt it was something they dtdn't want, there wouldn't be any reason for spending time �n establishing a procedure. P10TIOPd by Councilman Barneite to table this item indefinitely for further tnfor- mation and refer this concept to the Planning Comm�sston for their process�ng and policy recommendat�on pertaining to the conversion concept Seconded by Councilman Schneider. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS RECEIVING THE PLANNING COMMISSION MINUTES OF MAY 23, 1979 R�ZONIt�G REQUEST, ZOA ,',�79-02, BY WILLIAh? J. HFlRT �E431 HIGHWAY '�,'65) MOTION by Councilman Schneider to set the public hearing on this rezoning request for Juiy 16, 1979. Seconded by Councilman F�tzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously. SPECIAL USE PERMIT. SP �79- UERVI � 1�1r. Sobiech, Pu61ic Works Director, stated a special use permit is requtred due to the flood plain zoning of the property and, in con,7unction w�th the special use permit, variances are requested for wa�ver of the setbacks Mr Sobiech stated the entire lot is not in the flood plain, but only the area along the front of the property. He stated, �n this part�cular case, they would6e rais�ng the first floor with pilings and then rais�ng the lot to insure no �mpact or min7ma7 �mpact on ad,7acent propert�es. Mr. Sobtech stated the Plam m �g Comim ssion recommended approval of th�s special use permit at their P1ay 23 meet�ng. Mr. So6iech stated he was confident that thts dratnage plan, as set up, will handle the drainage He stated there was d�scussion at the Planning Commission meeting about the amount of slope on the swale section, but he felt it was adequate. P4r. Sob�ech stated the petitioner did propose a certa�n d7mension house for the property, however, it was recommended that the house be redesigned to eltm�nate the need for the side yard var�ance, which was denied by the Appeals Commission. He stated the Appeals Commiss�on did, however, approve a var�ance for reduction �n the area of the lot. Mr Sobtech felt this was a very good plan as compared with others in the area. Mr. Herrick, City Attorney, stated as far as the drainage, the standard rule �n M7nnesota is that an owner may develop his property in a reasonable fashion, as long as it doesn't unnecessarily burden the neighbor. He stated �t is a very general rule and depends on a situat�on-by-situation appl�cation. , L _l � 1 � REGULAR MEETING OF JUNE 4, 1979 P�GE 5 Mr. Herrick questioned �if there was a storm sewer in this area and if construction of this house would prevent water from getting to the storm system. Mr. Sobiech stated from the grade indicated, he would answer in the negative. Mr Herricl: felt the property owner would have a pretty strong ar•gument that the City can't use his property as a dratnage basin. He stated he would suspect he could build on the property, providing he meets the other criteria. Councilman Fitzpatrick stated Mr. Sobiech has stated there really isn't a problem, but it seems to him if this had been developed by raising the fill two feet, it would shut off the drainage from the northeast. f4r. Herrick stated he doesn't have nearly as inuch trouble with the concept of saying he can build, but has to tnsure dra�nage, as with the problem of saying he cannot build on this lot because it has to 6e used for drainage. If you do this you are say�ng it is unreasonable or reverse condemnat�on where the C�ty is really taking the lot for publtc purpose. Mr. Sobiech felt the concern of the Plam m �g Commission should be reinforced regarding the drainage to insure no or minimal impact on the ne�ghbors. MOTION by Councilman Fitzpatrick to grant special use permit, SP #79-D4, with the stipulation that the City be satisified that the draina9e plan, as descriL-ed and discussed, would be ma�ntained in construction. Seconded by Counc�lman Barnette Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � :' 6740 - Mr. Sobtech, Publtc Works Director, stated this is a request for a special use permit to allow a second accessory building for use as a garage and storage of automobiles. He stated the Plamm �g Commission held a publ�c hearing and has recommended approval. Mr. Sobiech stated the petitioner is unable to attend because of a recent motor- cycle accident. MOTIOPd by Councilman Barnette to grant special use perm�t, SP #79-05. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Playor P�ee declared the motion carried unanimously. REZQNING REQUEST, ZQA#` 79-Q4, BY GRAUES COMPANY (5701 UNIVERSITY AUENUE) MOTION by Councilman Fitzpatrick to set the public hearing on this rezo m ng request for July 16, 1979. Seconded 6y Councilwoman Moses_ Upon a voice vote, all voting aye, Mayor Nee dec7ared the motion carried unan�mously. VACIITION REOUEST. SAV �79-02. CITY OF FRIDLEY (UNIVERSITY SERVICE ROAD MOTIDN by Counctlwoman Moses to set the public hearing on this vacation request for July 16, 1979. Seconded by Counctlman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. A��PEALS COMMISSION MINUTES OF MAY 15, 1979 - IEW TERRACE Mr. Sob�ech, Publtc Works Director, stated this �s a request for variances, , in con�unction with the special use permit, for construction of a s�ngle family dwelling in the flood pla�n. Mr. Sobiech stated the �ppeals Commission has recommended denial of the side yard setback and recommended approval of the variance for reduction tn the area of the lot. REGULAR h1EETIPlG OF JUNE 4, 1979 PAGE 6 Mr. Perrozzi stated the Appeals Commission had made a recommendation to turn the house sideways and if this was done, you would not have a view of the river. �r. Perrozzi stated he felt the requirement for the ten foot set6ack was excessive, as other communit�es only require five feet. He felt, �f he couldn't obtain a variance for the side yard setvack, the house wouldn't really serve his family's needs. Mr. Perrozzi Pointed out that the other houses in the area are not in compliance with the setback requirement. Councilman Fitzpatrick felt, if the structure gets too close to the ad�acent property, �t becomes a f�re problem and other problems foreseen by adoption of the ordinance �n the first place He stated, however, he hates to tell Mr. ' Perrozzi he can have a house only 29 feet frontage when he wants 34 feet. hir. Sobiech stated th�s, again, is the situation that the variance should be based on hardship. He stated the hardship here would be that P1r. Perrozzi would have a smaller home Councilman Fitzpatrick stated Yie can understand the hardship, but granting the variance becomes a publ�c problem. �10TION by Counc�lman Fitzpatrick to concur with the recommendation of the Appeals Commission to grant the variance for reduction of the lot area, hut to deny the variance on the side yard setback. Seconded by Councilman Schnetder. Mr. Perrozzi stated the problem with the side yard setback was to make adequate facilities for the F�re Department, but all that was required was nine feet and even with the vartance of the stde yard setback to five feet, there would still be ntne feet between his structure and the neighbor's garage. Councilman Fitzpatrick felt there was a reason why there is a different setback requtred when it is a garage to house arrangement, as it is assumed the fire aspect �s increased at that point He stated he could see the reason for rnaking the request, but felt a number of allowances have been made on th�s property and his motion would be to concur witn the Appeals Commission. P1r. Quresht, City Manager, pointed out that staff would check the disputed ' variations they have on the map. Councilman Barnette asked Mr. Perrozzi if the variance for the stde yard set- back is denied, if he would still build on this lot. Mr. Perrozzi stated he would have to meet with an architect to design a house to meet the setback requirements and couldn't make that �ecision until he confers with an architect. UPON A UOICE VOTE TAKEN ON THE h10TI0N, all voted aye, and Mayor Nee declared the mot�on carried unanimously. Fi0TI01V by Councilman Fitzpatr�ck to receive the minutes of the Planning Commission f�eet�ng of May 23, 1979. Seconded by �ouncilman Schne�der. Upon a voice vote, aJl voting aye, hlayor i�ee ueclared the motion carried unanimously. RECEIL'ING THE CABLE TELEVISIOfd CDP1MISSION f-1IPIUTES OF P+1pY 9, 1979. PIOTIOfJ by Councilwoman �4oses to receive the minutes ofi the �GaLnle Television Commission Meeting of May 9, 1979. Seconded by Councilman Sci�neider Upon a voice vote, all voting aye, Mayor P1ee declared the motion carripd ur�antmously. Counc�lman Schne�der asked for a copy of the attachments referred to in these minutes. COtdSIDERATIOfV GF EXECUTIfJG GRANT AGREEMENT 11ITFl METROPOLITAN COUNCIL FC1R NORTH nnnv vrcTrnTrnni rcrar_� r_onn�-r P1r. Quresht, C�ty R1an�g�r, stated all costs for constructing the pro�ects, as descr�6ed in the program documertation, would be eligible for payment after April 12, 1979. He stated the ���aximum amount provided under the c�rant for non- construct�on cosis such as pr�fessional, le�,al, en5ineering and architectural services would be 12�. P1r. �uresin s�ated there is a_timeta6le far transferring the r�ianey and if any interest rr�cney is made,—it would have to b� returned. Councilman Garnette quest7oned undei° Item 2, �eveloomentai Pqlicy, tl�e second to the last sentence where reference is made to the Grantee or City, �n this case, agreeing to max�mize the use of its own personnel and internal services �n connect�on wtth the admi m stration and accomplishment of the program. L J � L� 1 REGULAR MEETING OF JUNE 4, 1979 PAGE 7 P1r. Quresht stated this agreement is written for a larger unit of government that is capable of performing architectuhal functions. He stated, since the City doesn't have any architect on the staff, the proposal �s that the City contract services for that purpose. He stated he understands that up to 12/ of the total contract would be reimbursed to the Ctty for that type of serv�ce. Councilman Barnette questioned then that it vdould not 6e money out of the City's funds, but money out of the grant funds. hir. Quresh� stated up to 12%. h10TI0N by Councilman Fitzpatrick to authortze execution of the grant agreeinent w�th the Metropolitan Council for the North Park Visitation Center. Seconded by Councilwoman hloses. Counctlman Barnette stated the City would recetve a grant of �365,000 for con- struction of a reception center and associated �tems for North Park, but asked if there was any cons�deration of what it would cost to operate and maintain the facil�ty and who would do this. He stated he assumes the Springbrook Nature Foundat�on would pay for all the costs, but asked tf there were any provis�ons or agreements indicating that the City wouldn't be required to matntain the operat�on. He pointed out the buildtng would 6e constructed, but there would be no provisions for maintaining it. Mayor Nee stated �t would depend if the lease is renewed with the Springbrook Nature Foundation. Councilman Barnetteasked, tf the lease was renewed, and the Springbrook Foundat�on doesn't come up with prtvate funds to maintain �t, how tt would be done. P4ayor Nee stated the City would have to matn�ain it. UPOfV A VOICE VOTE TAKEN ON THE ABOVE MOTIDN, Mayor Plee, Counc�lman Schneider, Counctlman F�tZpatrick and Councilwoman P1oses voted in favor. Councilman Barnette voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. IDERATION OF EXECllTING CONTRACT WITH ARCHITECT FOR NORTH PARK VISITATION Mr Qureshi, City Manager, stated, in discussions with the architect, he felt the 12% was a high fee. He stated the architect felt th�s was a special type of building and would require much more work than an ordinary building. He stated, however, the City staff proposed that the City would go the maxirnum of 1190, with each phase of the contract, and etther pay the 11°1 of the contract or 2-%z t�mes the base salary in regard to the actual time they put tn, and the acual sub consultant fee, whichever is less. He stated th�s arrangement was agreeable with the archttect so he is submitting tt for the Counc�l's consideration. Mayor Nee stated one comment made to him was that the City should clearly establish the existence of adequate errors and omiss�ons insurance and who their consultants would be. P1r. Qureshi, Clty Manager, stated the Council could approve the execut�on of the contract sub,7ect to the architect show7ng they have adequate tnsurance, Mayor Nee asked if the contract calls for them to design the buildina with�n the amount of money avatlable. Mr. Qureshi stated their proposal is to provide a structure with a number of altPrnatives. He stated it �s their hope to get a maximum structure and facillties, w�thin the amount available, and this would be done by providing alternates. Councilman Barnette asked if the arch�tect destgned a building that wasn't suitable and the design was turned down, �f there was a fee that has to be patd by the architect. Mr. Qureshi stated the fee would have to be paid, but the approach is generally that you don't go into detailed plans unt�l you have concept approval. He felt a conceptual plan would be developed, before proceeding w�th detailed plans. REGULAR NIEETING JUNE 4, 1979 �:. •, Mr. Herrick, City Attorney, asked what provision is made if they went out for bids and they came in for more than the grant money. Mr. Qureshi stated there would be alternates and the City would make a choice of how much of a building they wanted. f�ir. Herrick feTt Mr. Quresh�'s comment is that there is enough margin that the basic part could be built, withtn the grant money availa6le, and then determine what addit�onal amen�ties could be added, depending on how the bids came in. MOTION by Councilman Fitzpatrick to authorize the execut�on of the contract with the architect, Design Consortium, Inc., with the stipulatton that there is suff�cient errors and omissions insurance to cover the pro,7ect. Seconded by Counc�lwoman P9oses. Upon a voice vote, ��iayor Nee, Councilman Schneider, Councilwomr,n Moses, and Councilman Ftizpatrick voted in favor. Councilman Barnette abstained froin voting. Mayor Nee declared the motion carried by a 4 to 1 vote. CDNSIDERATIOfV OF SHADE TREE DISEASE COPJTROL PROGRAM FOR 1979: Mayor PJee questioned Option A for tree removal which indicated that all diseased wood must be removed from the property at the property owner's expense. Dr. Boudreau, Director of Parks and Recreatton, stated when a property owner chooses to fell his own tree, he wouldn't 6e reimbursed for part of the cost Mayor Nee questioned if they hadn't done thts in the past. Dr. Boudreau stated the City has, in the past, prov�ded for p�ck-up of the dtseased wood, but because of the loss of CETA personnel and because they have found some people abusing the free hauling, they are suggesting these changes. Mayor Nee also questioned the requirement for stacking at the curb. Dr. Boudreau stated this would cut down on the charge and assist the contractor, if the Ctty removes the diseased wood. Mayor Nee stated, as he sees it, the property owner could only get assistance in the cost for removal of the tree, �f they have the City remove it. Dr. Boudreau stated that was correct as it is a complete �ob, with the con- tractor remov�ng the tree, as opposed to a property owner cutt�ng his own tree. Councilman Fttzpatrick asked what the bulk of the money received from the State is going towards. Dr. Eoudreau stated for payment of the City contractor's expense and to aid in the cost for reforestation. Mayor Nee felt the letter sent to the property owner could be softened to accent the positive aspects, �nstead of the negative aspects. Dr. Boudreau stated usually this non-compliance letter is sent in cases where there have been repeated attempts made for compliance. Mayor Nee felt it should be mentioned in the letter that the City would pay for 50% of the cost and Dr. Boudreau stated it could be changed to indicate that the property owner would be b�lled for 50% of the cost of removal, with the City pay�ng the other 50%. Dr. Boudreau po�nted out the C�ty's past experiences have not been good �n providing the service of hauling away the diseased wood. He stated the City does not have the manpower, in house, to do this job and it would have to be given to , ' the contractor. Councilman Schneider asked if the City d�d the haul�ng, if the State would reimburse ' th�s cost. Dr. Boudreau stated they would be re�mbur�ed for whatever percentage the State sets. REGULAR MEETING OF JUNE 4, 1979 PAGE 9 Councilman Fitzpatrick felt if the service could be continued, within the budget, it is one that is a direct service to the people which they are aware of and perhaps grown to expect and felt they would see quite an adverse reaction, if the service wasn't provided. Dr. Boudreau stated he can only say they would make every attempt to stay within the allocated monies, whichever way the Counc�l dec�des to proceed. He stated, however, they cannot predict how many haulings they would have � Counc�lman Barnette indicated he would l�ke to see the C�ty staying with the same procedure of hauling away the diseased wood and reviewing the costs. If it is found these costs are excessive, then they could get some publicity to the publ�c to �ndicate the procedure would 6e changed Mr. Quresht pointed out that the CETA program was cut back and the aid from the State was also cut for this program. Counctlman Barnette felt there wasn't any question, however, that there would 6e fewer trees to remove. He �ndicated he would feel more comfortable �n providin9 the service of hauling away the diseased wood, at least for this year, and then taking another look at it next year. MOTI�N by Gounctlman Fitzpatrick to conttnue Lhe poltcy of haul�ng the diseased wood free. Seconded by Councilman Barnette. Councilman Schneider thought perhaps an amendment should be made to the motion that if, at some point it looks like the costs would be exceeding the budget, it should be brought back to Council for consideration. Councilman Fitzpatrick stated he recognizes there may be a problem, but felt th�s can be done whether or not it is an amendment to this motion. UPON A V6ICE VOTE TAKEN ON THE ABOVE MOTTON, a11 voting aye, Mayor Nee declared the motion carried unan�mously. ' RES�LUTION N0. 79-1979 RECEIVING PRELIMINARY REPORT AND AUTHORIZING EXECUTION OF AGREEMENT TO WAIVE A PUBLIC HEARING ON THE MATTER OF THE COPISTRUCTTON OF CERTAIN 1 STREET IMPROVEMENT PROJECT ST. 1979- MOTION by Councilman Schneider to adopt Resolution No. 79-1979. Seconded by Councilman Barnette. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. FINAL PLAfdS AND SPECIFICATIONS AN� F�OTION by Councilwoman Nloses to adopt Resolution No. 80-1979. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Playor Nee declared the motion carr�ed unam mously Mr Sohiech, Publ�c Works Director, stated that Minnesota Statutes Chapter 429.041, Subdivision 4, Paragraph 3, permits the Council to "contract at one time on a unit pr�ce bas�s for part or all of the street improvements to be constructed by the mum cipality during the current year, including improvements which may thereafter be ordered constructed". Mr. Sobiech stated the above statute would then prov�de that the City can have another separate contract with N. D H., Inc , at the same un�t price, without bids. Mayor Nee asked staff Zf they were convtnced the pr�ces are better then �f they went back out for bids REGULAR MEETING OF JUNE 4, 1979 PAGE 10 Mr. Sobiech stated both concrete and oil have all gone up approximately 25 to 30% since this bid. Mr. Nerrick felt, if the property owner is agreeable to this, in writtng, and waives the requirement for publ�c bid, on one would have the right to ob�ect. He thought that perhaps �n the future the resolution should be structured to �ncor- porate this �tem. Mr. Herrick also questioned if th�s was agreeable to the contractor and Mr. So6iech stated it was and that he has signed the contracts. Mr. Herrick stated, �f the Council so wishes, they could then proceed with adoption of the resolution and authorization for these improvements utilizing the same un�t costs as agreed to �n the existing contract, in accordance with Plinnesota Statutes Chapter 429.041, Subdivision 4, Paragraph 3. MOTION by Councilman Barnette to adopt Resolution tio. 81-1979. Seconded by Councilwoman Moses. Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carried unantmously. RESOLUTIDN N0. 82-1979 RECEIVING THE PRELIP9INARY REPORT AN� AUTHORIZING EXECUTIO�! OF AGREEMENT TD WAIVE A PUBLIC HEARING ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS: WATER, SANITARY SEWER AN� STORM SEWER IMPROVEMENT PROJECT N0. 127: MOTION by Councilwoman Moses to adopt Resolution No. 82-1979. Seconded by Council- man Schne�der. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTIOfd N0. 83-1979 ORDERING IMPROVEMENTS AND FINAL PLAPJS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF WATER, SANITARY SEWER AND STORM SEWER PRO�ECT MOTION by Councilwoman Moses to adopt Resolutton fJo. 83-1979. Seconded by Council- man Fitzpatrick. Upon a voice vote, all vot�ng aye, Mayor Pdee declared the motion carried unantmously. Mr. Sobiech, Public Works �irector, stated the change is requested for Street Improvement Pro�ect ST. 1979-1 �n order to allow the addition of improvements �n the Great Northern Industrial Plat together with an alley improvement �n Hyde Park and addition o� tenm s courts on the park property. He stated this change order is with N. D. H., Inc , 700 Industry Avenue Nortn West, Anoka, P1�nnesota and includes the following addit�ons to Street Improvement Project ST. 1979-1: 1 2 Alley construction located between 59th and 60th Avenue and 2nd and 2-z Street. Great Northern Industrial Park located east of East River Road, and south of I-694, connectiny Industrial Blvd. The amount for Items 1 and 2 is $40,753.00. c r� Parking lot at Commons Park in the hockey rink area Parking lot located at 5815 Arthur Street (Naturalist Off�ce) Tlie amount for Items 3 and 4 is $19,489.60. 5. Tennis court located ad�acent to North Park School Playground on the south end at the intersection ot Lynde Drive and F�llmore Street. The amount for Item 5 is �1D,820.00 The total amount of the change order, covering Items 1 through 5, is $71,062.00 Which changes the orginal contract prtce from $324,552.93 to a revised contract price of $395,615.53. 1 , L� , � ' REGULAR MEETING OF �UNE 4, 1979 PAGE 11 MOTION 6y Counc�lman F�tzpatrick to adopt Resolution No 84-1979 Seconded by Counctlman Sc�hneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING BIDS AND ORDERI PRO�ECT ST. 1979-10 MOTION by Councilman Schneider to receive the bids for Improvement Proaect ST. 1979-10. Batzer Constructton Co., Inc., J. L. Shiely Co., Bituminous Consultrng & Contracttng Co., Inc., and G. J. Payne Co. - No Bids Allied Blacktop 3601 - 48th Nvenue North Minneapolis, MN 55429 Bitum�nous Roadways 2825 Cedar Avenue So. Mi nneapol i s, P1N 55407 Tom Fialler Bid �epos�t State Surety Co 5% Fireman's Fund 5% 6ase Bid Bid $34,689.25 Alt. A: �36,327.15 Bid $36,388 39 Alt A. $38,353 87 Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unan�mously� MOTION by Councilman Schneider to award the b�d to the low bidder, Allied Blacktop in the amount of the base bid price of $34,689.25 Seconded by Councilman Fztzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. CLAIPIS: MOTION by Counctlman Fitzpatrick to authorize payment of Claims No. 151VD5 through 13���2. Seconded by Councilwoman Moses. Upon a voice vote, all vot�ng aye, Mayor Nee declared the moiion carried unanimously. ESTIMATES: MOTION by Councilwoman Moses to approve the estimates as submitted. Halvorson Construction 4227 165th Avenue N.E. Wyoming, MN 55092 Estimate �'�r5 - 1979 Misce1laneous Concrete Curb and Gutter Contract N D. H Asphalt, Inc. 540D Industry Avenue Anoka, MN 553D3 Estimate �'�rl - Work to Date, ST. 1979-1 Estimate �l - Work to �ate. ST. 1979-2 ISLANDS OF PEACE PROJECT (To be paid out of interest money) Fridley Our Own Hardware 214 Mississipp� Street N.E. Fridley, MN 55432 Screen for door repair and labor Cha1n for cha�n saw Saw sharpener Lawn mower belt Rope Chain Master Lock $ 568. 13 $17,752.50 3,4�32.30 $ 8.77 16.30 �,.95 6 54 5 20 17.90 5. 49 � 65.15 REGULAR f�1EETItdG OF �UNE 4, 1979 Satell�te Service 2530 Xenium Lane North Mi nneapol i s, P9fV 55441 Trailer rental for May $ 110.25 TOTAL $ 175 40 PAGE 12 Seconded by Councilman Schnetder. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unam mously. LICENSES MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the L�cense Clerk's Office. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. CONSIDERATION OF GI�ING CONCEPT APPROVAL TO ESTABLISHMENT DF A MOTOR BIKE REC- REATIDN AREA: Informatton was submitted to the Councr7 regarding concept approval to establrsh- ment of a motor bike recreation area and the staff is to bring back to Council a fi nalized resolution for their consideration. COMMUNICATION SPRINGBROOK NATURE CENTER FOUNDATION: PRDGRESS REPORT FDR 1978: P90TION by Councilman Fitzpatrick to receive the commum cation from the Spring- brook Nature Center Foui�dation regarding their proqress report for 1978. Seconded by Councilwoman Moses. Upon a vo�ce vote, all voting aye, Mayor Dlee declared the motion carr�ed unanimously. ADJOURfdMENT: MOTION by Councilman Barnette to ad�ourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously and the Regul�r P1eet�ng of the Fridley City Council of June 4, 1979 ad�ourned afi 10•05 p m. Respectfully submitted, . � ������� ����:���.� �, Carole Haddad Secy. to the C�ty Counctl Approved: 6/18/79 �,,,c,,��.�..� � W�lliam J. Nee Mayor ' ' 1