Loading...
06/18/1979 - 00013786� � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 18, 1979 The Regular Meettng of the Fridley City Council was called to order at 7:35 P.M. by Mayor Nee. PLE�GE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of A7legiance to the Flag ROLL CALL: Members Present Mem6ers Absent Mayor Nee, Councilman Barnette, Councilman Schneider, Councilwoman Moses and Councilman F�tzpatrick None APPROVAL OF MINUTES: REGULAR MEETING. JUNE 4. 1979: MOTION 6y Councilman Schne�der to approve the minutes as presented. Seconded 6y Councilman Fitzpatrick. Upon a voice vote, a17 voting aye, Mayor Nee declared the motton carried unanimously. ADOPTION OF AGEN�A: Mayor Nee requested the addition of the following item: Consideration of Resolution Concurring With Comments of MPCA in Regard to proposed noise emission standards for transportation Equipment; Interstate Rail Carriers MOTION by Councilman Fitzpatrick to adopt the agenda with the above addition. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: Mr. Tom Myhra, 6360 Able Street, came forward and stated that he was Chairman of the Independent Republ�can Party of Fridley. He understood that Council had accepted a grant for a bu�lding through the Metropolitan Council. He asked if Council had passed that on the presumption that the Spring Brook Foundation would be g�ven another lease in January? Mayor Nee stated that they had no knowledge of that as yet Mr. Myhra asked �f, in the event they did not ask for a renewed lease, would the City be prepared to pick up the costs of maintaining and operat�ng that building7 Mayor Nee stated that if the Foundation failed to do it, the City would have to do it. Mr. Myhra stated that he understood that Ctty tax monies would not be spent to maintatn and operate the North Park Center. He asl<ed Ceunc�lman Schneider's opinion on this. Councilman Schneider stat2d that �f tne Foundation were unable to maintain the building, the alternatives would have to be reviewed. Mr. Myhra asked Councilwoman hloses for her opinion. � Councilwornan P1oses stated that it was her understandrng that the Sprtng Brool< Nature Center, in good faith, would be maintaining the building. In the event they could not, other alternattves would be looked at One option would be to sell it, and the bottom l�ne and final option �aould be for the City to take care of it. REGULAR COUNCIL MEETING, JUNE 18, 1979 Mr. Myhra asked Councilman Fitzpatrick's opinion. PAGE 2 Councilman Fitzpatrick stated when the City owns a 124 acre tract, ultimately there is the possibility that the City would have to pay the operating costs He felt there were other options, hut he felt that at some point ln time, he would be prepared to continue the costs of operation. Mr. Myhra asked Counc�lman Schneider if he wished to rephrase his answer? Councilman Schneider stated that his answer was the same, he would have to see the other alternat�ves. ' PUBLIC HEARINGS: PUBLIC HEARING ON REZONING ZOA #79-01, THE LIFT-SKI AND BIKE, INC., 6319 HIGHWAY NO 65. MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, htayor Nee declared the motion carriedunam mously and the public hearing opened at 7.45 P.M. Mr. Sob�ech, Public Works birector, stated that this was a rezoning request for a parcel of property located tn the northeast quadrant of 63rd Avenue and Highway No. 65. Lots 9 and 10 are presently zoned C-1 and Lot 11 is zoned CR-1. At the present time, the Lift-Ski and Bike Shop exists there. The intention of the petitioner is to rezone the property to C-2 which would perm�t a garden center opera�ion in the summer time. f�r. Sobiech pointed out that with the rezoning request, underf�nal considerat�on of the rezoning request, which would be at che next Council ir�eeting, the Council would also consider at that time a request for a Special Use Permit which would involve specifically the garden center operation. The Planning Commission had a public hearing at their meet�ng of May 9, 1979, and recommended to Council approva1 with stipulations. The stipulation is for a landscape plan and a schedule over a three year time period be f�led which would indicate further improvements of the property. ' There are certatn improvements such as fencing, blacktopping, concrete curb and gutters, parking, etc. Councilman Schneider asked Scott Holmer, the petitioner, �f he planned to put the fence on the north s�de of Lot 11 in immediately. Councilman Schneider stated that the concern that was raised at the Plannin9 Commiss�on was from the owner of the apartment building. There is a lot of cross-traffic and debris there. He understood that was why the Planning Commission had put in a stipulation for a fence. Mr. Sobiech stated that the stipulation was that a fence be added to the north side of Lot 11. In regards to screening, there is existing fencing on the east side of the property between the Lift and the stngle family restdences. Councilman Schneider stated that he felt it should be fenced because it would be upgrading of the zone and if Mr. Holmer ever decided to sell the property, he would be more cornfortable with it fenced. Councilman Schneider stated that he realized it was not Mr. Holmer's intention to sell. Mr. Holmer stated that he was at a low cash flow until October or fJovember. He would like to keep the property cleaner, and ihe trash was coming onto his property from the north side, so he would like to do something there. Mr. Soblech stated that Staff could work out a schedule with hir. Holmer before ' thts item was returned to Council for a second reading. There were no comments from the audience re9arding thts item. MOTIOfV by Councilman Schneider to close the pu6lic hearing. Seconded by Counci1man F�tzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the publ�c hearing closed at 7:55 P.M. �t REGULAR MEETING OF JiJNE 1$, 1979 G ON ALLEY VACATION, SAU �79- .E. & 2ND STREET AN� 2z STREE E. PAGE 3 48TH AND MOTIDN 6y Councilman Fitzpatrick to uvaive read�ng of the public notice and open the hearing. Seconded by Councilwoman Ploses. Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:56 P.h1. Mr. Sobiech stated that this was a petitton to vacate the alley located in 61ock 3 of the Plymouth Addition lying between 48th and 49th Avenues and 2nd ' Street and 2� Street N.E. The City received a petttion signed by all the residents along the alley with the exception of one, which is a rental unit. There were no ob�ections and no ob�ections were voiced at the Planning Commission public heartng. The Plamm �g Commission held a public hearing on May 9, 1979, and recommended approval with the stipulation that appropriate drainage and utiltty easements be maintained for NSP power poles that exist there. � , Kathryn Gerard was present at this meeting but had no comments Mr. Sobiech stated that there the alley was not used for access and all the garages had access from the streets. He noted that it has 6een City policy in the past to release ownership of these alleys Councilman Fitzpatrick stated that everyone has agreed to this with the exception of the person who rents there and that person made no ob�ection. A1so, we have the recommendation of the Planning Commission Therefore, he would have no reservations concerning this. MOTION by Councilman Fitzpatrick to close the public hear�ng. Seconded by Councilwoman Moses. Upon a voice vote, all vot,ing aye, Mayor Nee declared the public h�aring closed at 8:00 P.M. NEW BUSINESS: � iF ORDINANCE TO Ah1EN� CITY CODE OF CITY OF THE LIFT-SKI AND BIKE, INC.: t4ayor Nee stated that if there was no ob�ection to acting on this now, a motion would be in order. MOTION by Councilman Fitzpatr�ck to concur with the Planning Commtssion's recommendation for approval and approve the lst readtng of vacation ordinance under Sect�on 12.07 of City Charter. Seconded 6y Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF VARIANCE REQUEST BY GREAT EXPECTATIONS, 765 - 53RD AUEDIUE: Mr. Sob�ech stated that they had an official request and statement withdrawing the request for variance from Great Expectations. RECEIVE THE PLANNING COMMISSION MINUTES OF JUNE 6, 1979 REQUEST FOR SPECIAL USE PERMIT, SP #79-06, BY ROBERT CARLSON, 161 - 62ND WAY• Mr. Sobiech stated that this was a request for a Special Use Permit to allow construction of a second accessory building at 161 - 62nd Way. At their meeting of �une 6, 1979, the Planning Commission had a public heartng on this matter and recommended to Council approval with certain stipulations. The stipulations state that the construction be not less than 20 feet rather than 19 feet from the ad�acent property owner to the west of the proposed site location and also it was stipulated that it be compatible with the existin9 neighborhood and his home, �ndicattng that the proposed structure be surfaced REGULAR MEETING OF JUNE 18, 1979 PAGE 4 to match his existing dwell�ng. The third stipulation was that no home occupation be allowed. As noted in the Planning Commission public hearing, it is the intent of the petitioner to utilize the second accessory building for storage of materials. There was discussion relative to future use of the second accessory buildiny for a gara9e. There is space between the existing dwelling and the property line wh�ch would allow a drtveway to that second accessory build�ng in the future Mr. Sob�ech stated that even though there were no ob�ecttons noted at the Planning Commission hearing, it was commented that there were some residents who felt uncomfortable with the proposed second accessory bu�ld�ng. P1r. Theodore Burandt, 6211 Riverview Terrace N.E., came forward and stated that ' he is an ad�acent property owner and that he is one of three people who ob�ect to the second accessory building. The other two people who object wish to remain anonymous. He stated that initially, he had no reservations, however, he did feel that there was adequate room for the garage to be added to the structure. He felt that from a real estate resale value, it would be better attached, rather than in the middle of the yard. If helps that it would sit 20 feet away, but felt that since the yards were small, placing it �n the m�ddle of the yard was not a good idea. Mr. Burandt state�d that his house is �mmediately to the west oF Mr. Carlson's house. Mr. Sobiech showed Council an aerial view of the location and stated that the petitioner's property was about 180 feet deep. Mr. Burandt l�ves to the west and has the minimum 25 foot setvack on h�s house. Mr. Burandt was indicating that the proposed structure would be in the rear of the yard. Mr. Burandt felt there would 6e room for a 16 x 22 �ust west of the existing structure, an� could be tied in with the existing garage. Councilwoman Moses asked �f it were set back the maximum amount it could be? Mr. Sob�ech stated that it would be approximately 78 feet from the rear lot line, and offset towards the center of Mr. Carlson's property. Councilwoman P4oses asked Mr. Burandt if it would help if the proposed structure were set back further? , Mr. Burandt stated that would not make much difference 6ecause his whole back yard is ad�acent to Mr. Carlson's rear yard. Mr. Carlson stated that 6efore he petitioned for this, he went around to each neighbor who bordered his property and expla�ned what he wanted to do. There were no ob�ect�ons. He stated that he and ��r. Burandt had paced off the area where the structure would go and Mr Burandt dtd not have any comments. Mr. Burandt stated that he had suggested to Mr. Carlson at that time that the structure should be added on to the existin9 garage. He stated that at that t�me he did not really have any ob�ect�on, but after thinking about it, he would ob�ect. Mr. Carlson noted that Mr. Burandt has a 6 foot hedge. He stated that he tntended to build the garage in accordance with the rest of the property and it would add to the looks of the property. He had indicated at the Planntng Commisston meet�ng that he planned to put in an inner court which would tie it all together. Counc�lman Fitzpatrick stated that he would guess that if these ob�ections had come out at the Planning Commission meeting it would have helped He asked Mr. Carlson if he had considered attaching the proposed structure to the existing garage? Mr. Carlson stated that because of the way the land slopes on the west side , and because of his neighbor's hedge, it would be more of a problem to put it there. He stated that he was not concerned about the resale value, that he plans on staying there and using it for storage. Councilman Fitzpatrick asked Mr. Carlson if he had any reservattons in view of the fact that his neighbor was now ob�ecting? Mr. Carlson stated that he wished he had ob�ected before this REGULAR MEETING ON JUNE 18, 1979 PAGE 5 Councilman Barnette asked Mr. Carlson if the neighbor to the east had any ob�ections? Mr. Carlson stated he did not and that neighbor had a shed also. Councilman Barnette stated that the ob�ections should 'nave been voiced at the Planning Commission's public hearing. He felt that Mr. Carlson had followed the correct procedure and should be allowed to proceed with his pro�ect. � Councilwoman Moses asked if it would help if the building were farther back an the property? Mr. Burandt stated that he felt the other people would ob�ect to that. He felt the most logical solution would be for Mr. Carlson to attach the structure. He stated that this was developing �nto a neighborhood feud, and that way why the other ttivo people wish to remain anonymous. Councilman Schneider stated that he had difficulty with people ob�ecting anony- mously People have every right to ob�ect, but it was not right to do it anonymously. Councilman Barnette stated that he agreed and respected Mr. Burandt for coming forward. He felt that it took courage for Mr. Burandt to come foreward, but was still �n favor of Mr. Carlson. Mr. Carlson stated that there is a large tree to the west of the proposed site and also a large pulm tree to the southwest of the proposed s�te. He did not want to have to remove those trees. He also planned on an inner court between the house and the garage. Councilman Fitzpatrick stated that in view of the unanimous decision of the Planning Commission and even though he sy+npathizes w�th Mr. �urandt, he would like to make a motion. � MOTION by Counc�lman Fitzpatrick to concur with the �lanning Commission's recommendation for approval of Spec�al Use Permit, SP �79-06 - 161 - 62nd Way. Seconded by Councilman Barnette. Mayor Nee asked if there was any way to work out a compromise? Councilman Fitzpatrick stated that the only comprom�se he could see was for Mr. Carlson to attach the structure to the west and Mr Carlson gave the reasons why he did not want to do that. Mr. Burandt stated there was an 18 inch drop there that would require one load of fill to take care of that problem. Mayro Nee stated that since the fellow to the east didn't ob�ect, maybe he could put it further east. Counc�lman Fltzpatrtck stated that the minutes of the Planntng Gomm�sslon explained why it could not go further east. Mr. Carlson stated that the reason he chose this parttcular location was because he was tying �t �n wtth the patio and the entrance to the patio would be on the west end of the building, off the sun porch If he put it to the east it would be in front of his dining room window. � Councilman Fitzpatrick stated that in approving this request, they would not be approving a specific location. Mr. Sob�ech stated that the Special Use Permit is to allow the construc�ion of a second accessory build�ng. The location on the property should fall within the code requirements. Normally, we attempt to review the concerns of the ne�ghbors and certain locations are picked out because they have minimal �mpact. So a Special Use Permit is usually approved with a plan in mind. REGULAR MEETIfdG OF J�NE 18, 1979 PAGE 6 Mr. Herrick stated that if a Special Use Permit were issued with a ltmitation on the location, Councilman Fitzpatrick's statement would be correct. He stated that Council has the alternative of issuing a Special Use Permit and spec�fying a locat�on. Mr. Herrick stated that an alternative would be to return this to the Planning Commission Councilman Schneider stated that he would like to see the property. He didn't look at it prior to this meeting because there were no ob�ections at the Planning Commiss�on public hearing. � Mayor Nee stated that one week would solve his problem and 9ive him a chance to look at the property. Councilman Fitzpatrick stated that with the permission of Councilman Barnette who seconded the motion, he would withdraw his motion and make a motion to continue this for one week. Councilman Barnette stated that one week would be satisfactory, but would hope it would not be any longer than that. He felt that Mr. Carlson had done everything he was supposed to do and had taken vacation time to do this and tt would not be fair to P1r. Carlson to put it off any longer than one week. Councilman Fitzpatrick stated there was a conference meeting next week and asked if they could take action at that meeting? Mr. Qureshi stated that Council could look at it and give Staff the authority to do what Council decides. Mayor Nee stated that if they reach an agreement next P1onday night, Staff could issue the Special Use Permit and Council could confirm it on July 9th. If they don't agree, it would have to come back to the July 9th meeting. Councilman Barnette asked that the people who have ob,7ect�ons be at the ' meeting next Monday n�ght. He suggested they be notified. Councilman Fitzpatrick stated that he would make a motion to continue this until next P4onday night, but pointed out that there was a motion on the floor and asked if the seconder agreed to withdraw �t? Mayor Nee stated that they didn't have to withdraw that mot�on now. MOTION by Councilman Fitzpatrick to continue consideration of the request for Special Use Permit, SP #79-06, by Robert Carlson, 161 - 62nd Way, for one week and if no agreement ts reached at next week's meeting, a final dectsion will be made on July 9th. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, P4ayor Nee declared the motion carried unan�mously. Mr. Herr�ck stated that in reading the Planning Commission minutes regard�ng the philosophy and requirements of a Spec�al Use Permit, he found a statement that troubled him. That statement was that the City has granted Special Use Permits because they were threatened with a law suit. He didn't recall that they had done that, in fact they had been to court several times when they have denied one and were sued The Planning Commission and Council should be aware that when a Special Use Permit is de m ed, the burden of establishing why they are denied is on the City. They have not granted one because of a threat to sue. On occasions, he has recommended they grant one when they did not have any valid reasons for refustng to grant one. As long as the Planning Commission and Counc�l realize that, he did not feel they would have any problems. But ' that statement tiothered him. Councilwoman Moses asked if a valid reason for denying a Special Use Permit would be devaluing someone else's property. Mr. Herrick stated �t would but that would have to be proved. ;i REGULAR MEE7ING OF JUPdE 18, 1979 PAGE 7 Councilwoman Moses asked if they would want someone more knowledgeable ltke an appraiser to look at something like that? Mr. Herrick stated that normally that wouldn't be necessary. The property owner and the ob�ector should state their reasons and if there was a real question they could have a real estate person who was disinterested look at it and give an opinion. But normally they would not have to do that. VACATION REQUEST, SAU k79-03, BY THE CITY OF FRIDLEY, 59TH AND 601H Av nrri.irrni m nnin -inn r�rnrrrr. � Mr Sobiech stated that Planning Commission made a motion that a meeting be set to discuss this matter. He asked if Council would be interested in that meet�ng? He stated that the owner of the apartment build�ng would be living there soon, about the last week of June. He suggested they wait unti' the owner has moved in and p�an a meeting on the s�te with the neighbors involved and w�th the owner of the other apartment bu�lding who l�ves in the metropolitan area. Counc�lman F�tzpatrick asked Ms. Gable tf that t�ming would be acceptable. Ms. Gabel stated that she had two complaints th�s eventng before coming to the meeting Councilman Fitzpatrick stated that he had read the minutes and agreed they had talked about tnis enough, but the proposal was to talk once more. He would have no ob,7ection to that meeting. MOTION by Counc�lman Fitzpatrick to concur wtth the Planning Commiss�on's recomendation that a meeting be held. Seconded by Councilman Schneider. Councilman Schneider stated that he would like to attend that meeting and asked that he be notified. Mayor Nee stated that the motton was to have a special meeting. � Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unammously. MOTION by Councilman Schneider to receive the Planning Commission minutes of June 6, 1979. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVE THE CABLE COMMISSION MINUTES OF JUNE 5, 1979. MOTION by Councilman Schneider to recetve the Cable Television Commission minutes of June 5, 1979. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor fJee declared the motion carried unam mously CONSIDERATIDN DF PAINTING OF HOUSE NUMBERS OIV CURBS, K. STEVEN RICE: Mr. Sobiech stated this was a request to allow or permit house number painting on curbing. This has 6een done several times in the past and has aided our emergency services such as policc and fire. Mr. Sobiech gave Council copies of notices similar to the notices P�r. R�ce would be passing out. Mr. Rice is currently working in Edina. Mr. Rtce stated that Council was gtven two exainples of the notices he passes out. One example was the origtnal version of the notice he generally passes out and the other is a revised notice that specifically states that � people are not required to pay for the service He wanted to make that clear because there were some minor compla�nts from some residents. He explained that the way he works is to pass out the leaflets and wait one or two days in order to g�ve the people who don't want �t a chance to call, then he would paint the numhers on the curbs and then would collect. The col7ection is termed a donation w�th an estimated value of $3.DD. From experience, the ma,7or7ty of the people will pay the �3.00, some will give $1.00 and soine will pay $5 00. By sta�iny that they don't have to pay, people don't feel forced into it. Regarding the benefits, they are reflective numbers that show up at ntght and are a help to City services and private citizens. He was not sure how the winter would effect the numbers because he never d�d this in this kind of climate before. His previous experience with this was in San Diego and Arizona. REGULAR MEETING OF JUNE 18, 1979 PAGE 8 Councilwoman P1oses stated that then the City would pay nothing and Mr. Rice would do all the collecting, etc. All he needs is permission. Mr. Rice stated that was correct. He stated that he ltves in Isanti and Edina is further away from him than Fridley so it would be more economical for h�m to work in Fridley. Councilrnan Schneider stated that the notice indicated that people should send it back if they don't want it. He asked why they couldn't ask people if they want it. Mr. Rice stated that depended on the process he used. This way seems to work best for h�m. The ma�ority of the people like it. Mr. Sobiech asked Mr. Rtce what kind of complaints he received. Mr. Rice stated that some of them were that the people didn't ask for it, they didn't like the looks of it, it creates a bad effect wiih the black and white numbers going dovan the street and some people didn't want to be the same as everyone else. Mayor Nee stated that this was done in the past in Fridley and he didn't recall any complaints. Mr. Herr�ck stated that he understood that the police and fire departments said it was helpful. He wasn't sure how long the numbers lasted. Mr. Sobiech stated this was done �n 1970, 1974, and 1976. and seem to last two to four years. Councilman Schnetder asked Mr. Rtce if he could give people a week to respond to the notice. Mr. R�ce stated that most people resond within the first day. If Council wanted him to g�ve people a week, he would, but it would be easier for him to continue as he has in the past which would be to give people only one or two days. Councilwoman Moses stated that if people are on vacation or simply don't see the notice the first two days, �t would be better if they had a week She asked �f five days would be too many? Mr. Rice stated that would make it more difficult. Mr. Qureshi stated that he felt there was some value to having numbers on the curbs but also had several concerns. His first concern was that they were using �mplied consent by the City and secondly, if the numbers are painted, some people would feel obligated to pay for it. Councilman Schneider agreed and stated that he had no problem withthe request except that if someone is on vacation and comes home to find the numbe��s painted they might resent it that someone invaded their privacy. Councilman Fitzpatrick stated that he d�dn't agree with P1r. Qureshi's statement about implied consent The notice made it quite clear that this was a private enterprise. Counc�lman Barnette stated that if it was done before anc nobody ob�ected, tt didn't seem likely they would ob�ect now. Mr. Herrick stated that he didn't recall any ob�ections. MOTION by Councilman Barnette to approve the request to paint house numbers on curbs with the stipulatton that Mr. Rice distr�bute the notices, gtving people three days to respond, paint the numbers and make collection. Also, the notice must be approved by City Staff and the whole City will have the opportuntty to receive the serv7ce in order to make it uniform. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. 1 ' , REGULAR MEETING OF JUNE 18, 1979 PAGE 9 OF MPCA IN REGARD TO Mr. Sobiech stated they received a notice from the Environmental Protection Agency (EPA) and also concern from Councilman Schneider regarding certain proposed no�se rules and regulat�ons from the EPA regulat�ng ra}lroad properties. The Minnesota Pollution control Agency (MPCA) has reviewed the proposed regulations tn detail and gave them a copy of the draft they propose to give to the EPA. Generally, they are saying that they don't feel the EPA even has the authority to propose these rules and regulations as far � as health standards. Secondly, one of their main concerns was that there is 24 hour monitoring of these facilities which could over tax stafftng and local resources. The necessary equ�pment involves certain com- puter type programm�ng and quite sophisticated equipment which the MPCA comments that they don't even know if it exists. If it does tt would be rather costly. Their other comment was that the noise standards that are being proposed are not as restr�ctive as existing State and Local standards. The MPCA feels that the local ,7urisdictions, perhaps the State, would be better able to monitor and propose certain ordinances which would regulate the health standards of their own communit�es. 7he also drafted a letter which they will forward to the EPA in- dicating their concerns. We feel generally that the standards do not benefit the community and perhaps might in the long run prove detremental. He stated they have proposed an action similar to what they understand Minneapolis is going to do . They are going to lndicate their concern for the proposed rules and regulations and urge the EPA to take into account the coinments from the MPCA. Councilman Schneider asked who they would send the resolutions to? Mr. Sobiech stated they would send it to same docket number and railroad commission that is on the MPCA comments. Mr. Herrick stated that he understood that the noise regulation discusston will be before the MPCA at their next meeting. He stated he would take their input to that meeting. , Mr. Sobiech stated there was a July 2nd deadline on receiving inout. MOTION by Councilman Schneider to adopt Resolution No. 89-1979. Seconded by Councilman Fitzpatr�ck. Councilman Schneider stated that it was his understandina that the EPA is proposing some regulat�ons which would circumvent the local and State regulations regarding no�se levels that are allowable in railroad yards. And further, it would require some significant different types of ineasuring which would esta6lish a higher ratio of noise levels. Mr. Qureshi stated that when the railroad yard was expanded in Fridley, they put quite stringent requirements on it and this has worked rather well. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIyING BIDS AND AWARDING CONTRACT FOR SAN MOTION by Councilman Schneider to receive the bids for Sam tary Sewer, Water and Storm Sewer Pro,7ect No. 127. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' Mr. Sobiech stated that the low bidder, Kenko, Inc, had bid $360,568.02. He stated that Kenko had performed in Fridley before and the�r work was satisfactory. He would recommend they be awarded the contract. MOTION by Councilman Schneider to award the b�d to the low bidder, Kenko Inc. in the amount of the base price bid of $360,568.02. Seconded by Councilman Fitzgerald. Upon a voice vote, all votiny aye, Mayor Nee declared the mo�ion carr�ed unam mously. REGULAR MEETING DF JUNE 18, 1979 Kenko, Inc. 8275 Central Avenue N.E. Minneapolis, MN Northdale Construction, Inc 9755 - 89th Avenue No. Osseo, MN 55639 C. S. McCrossan, Inc. Box AD Osseo, MN 55369 G. L. Contracting, Inc. Box 340 Hop ki ns , MfJ 55343 Orfei & Sons, Inc 1156 Homer Street St Paul , MiN 55116 Park Constructton Co. 7900 Beech Street N.E. Fr�dley, t�iN 55432 �360,568.02 $379,43D.45 $386,171.50 $398,536.55 $425,619 31 $465,845.82 PAGE 10 RECEIVIfVG BIDS HN� AWAR�ING CONTRACT FOR SANITARY SEWER, WATER AN� STORM SEWER PROJECT N0. 128. MOTION by Councilman Barnette, to receive the bids for Sanitary Sewer, Water and Storm Sewer Pro,7ect No. 128. Seconded by Councilwoman Moses. Upon a votce vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. P9r.Sobiechstated that the low bidder was Dawson Construction, Inc. at $91,528.35. MOTION by Councilman Schneider to award the bid to the low bidder, Dawson Construction, Inc , in the amount of the base price bid of $91,528.35. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously �awson Construction, Inc. 109 Benton Anoka, MN 55303 Kenko, Inc 8275 Central Avenue N.E. Mi nneapol is , ��1N White Construction Co. 3321 - 39th Avenue So. Minneapolis, MN 55406 Walhunt Construction Co. 17545 - 6th Street N.E. Cedar, MN 55011 American Contracting Co. 1540 Yellow Brick Road Coon Rapids, MN 0 & P Contracting, Inc. Box 505 Osseo, MN D-G-B, Inc. C.S. McCrossan, Inc. Box A� Osseo, MN 55369 Ideal Enterprises, Inc. 937 Swift Street 5hakopee, MPJ 55379 $91,528.35 $96,492.55 $97,277.06 $i01,331.34 $101,472.89 $112,342.27 $114,541.95 $119,769.82 $124,701.58 1 � ,J , � L. j �.J REGULAR P9EETING OF JUNE 18, 1979 I PAGE 11 � , �� DS FOR REPAIR OF RECORDING AND TOTALTZER Mr. Sobiech stated the resolutton was to advertise for bids for the repair of some recording and totalizer equ�pment for Commons Filtration Plant We have had the exper7ence over the past several years of some, what we feel, exorbitant costs related to this equtpment and also the distressing fact that we can no longer get therepair parts for the existing equ�pment. This wasn't all that bad because after reviewing it we found that the life of the equipment is up. The equipment we are replac�ng zs the recording and total�zing of our consumpt�on of our water system. We uttlize these records not lonly for processing the state of our consumption throughout the year but also in monitoring the wells to indicate where we might have problems where preventative maintenance might have to be performed. Mayor iVee asked why it says repa�r instead of replace7 Mr. Sobiech stated it was a part of a total meter system where we are repairing the meter but replac�ng a certain recorder and totalizer Perhaps we should change it to maintenance of the recording and totalizer equ�pment. Councilman Schneider asked if this was budgeted for? Mr. Sob�ech stated that Zt was not speclf�cally 6udgeted for but was under the ma�ntenance section for repair and maintenance of a general nature. MOTION by Councilman Barnette to adopt resolution �85-1979. Seconded by Counc�lman Schne�der. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. RESOLUTION �86-1979 AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSP1EPIT5 MOTIDN by Councilman Barnette to adopt Resolution #86-1979. Seconded 6y Council- woman f�loses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously. TION � ? MOTION by Councilman Barnette to adopt the resolution n87-1979. Seconded by Councilman Schneider. Mr. Herrick stated that both the Mayor and City Clerk should sign the resolution. He requested they ,approve an amendment to that effect. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unammously. MOTIOfV by Councilman Schneider to amend the resolution and add the Mayor's s�gnature. Seconded by Councilman Barnette. Upon a volce vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. Mr. Herrick stated that this was an old problem from 1962 where somebody in the City had some pro6lem making certatn that a land owner did something, so they filed a requirement for paying the special assessment which have since been paid up. The new owner of the property wants some assurance that this is no longer a problem. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPOINTMENT. CITY EMPLOYEES MOTION by Councilman Schneider to concur w�th the City Manager's recommendat�on Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULNR P1EETING OF JUNE lII, 1979 NAME M�schelle C. Boer�er 3455 Tyler Street NE Minneapolis, MN 55415 W�lliam S. Deblon 305 Aurora St. Paul, MN POSITION Purchastng Clerk City Manageraent Associate Planner SALARY $666 month $14,000 year PAGE 12 EFFECTIVE DATE REPLACES June 25, 1979 June 19, 1979 Judy Welch Ray Leek CONSIDERATION OF �FL CLUB REQUEST TO USE COMMONS CONCESSION BUILDIPdG: Fis. Mod�g siaied that they would like permission to use ihe concession building on June 22 for the 49er's ball game form 6:OD P.M. on to sell pop and popcorn. There w�ll not be any other concessions on the grounds that evening. MOTION by Councilman Fitzpatrick to grant permission. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unanimously. LICENSES: P�OTION by Councilman Schneider to approve the licenses as on ftle rn the Licensing Clerks' office. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIf+iS � MOTION by Councilman Barnette to approve the claims. Seconded by Councilman Fitzpatr•ick. Upon a voTCe vote, all voting aye, Mayor Nee declared the motTOn carried unanimously. ESTIMATES: ' MOTION by Councilman Fitzpatrick to approve the estimates. Seconded by Council- man Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motton carrted unanimously. Walhunt Construction Company 17545 - 6th Street N.E. Cedar, MN 55011 Final Estimate S& W Pro,7ect No. 126 E.D.S. Construction Co 360 Larpenteur Avenue West St. Paul, MN Part�al Estimate #2 - Mum cipal Garage Addition Patch ERickson Madson, Inc 2311 Wayzata Boulevard Minneapolis, MN 55404 Partial Estimate �3 - May inspection, Munictpal Garage Addition Talle, Herrick & Munns 316 East Main Street Anoka, MN 55303 $15,406.57 $11,070.00 $ 250.00 For Services Rendered as City Attorney for May, 1979 $ 2,910.20 For Services Rendered re: Bureau of Engraving Industrial Revenue Bonds $ 550.00 � J L CJ � REGULAR MEETING QF �UNE 18, 1474 PAGE 13 Island of Peace Pro�ect (to be paid out of interest money) Northern States Power Co. P.O. Box 9477 Minneapolis, MN Electricity Minnegasco 714 2nd Avenue So. Minneapolis, MN Gas Service for May, 1979 LP Gas Fridley Our Own Hardware 214 M�ssiss�pp� Street N.E. Fridley, MN 55432 Nuts and bolts COMMUNICATIONS: MINNESOT AND T.H. OF TOTAL � 7.85 5 84 6. 10 9.80 �29.59 IDN: SIGNAL INSTALLATION AT 81ST AVENUE MOTION by Councilman Schneider to receive the communication. Seconded by Councilman Barnette. Councilman Barnette stated that he would quest�on what th�s would do to our intersection at 69th and 47. Mr. Sobiech stated that at this point he did not th�nk ii, would have any effect. He stated that it had been discussed and something would be forthcomtng on 69th. He stated that he had Lrought to the attention of Mn6ot that they had indicated it would be split - 5% to the State and 5% to Fridley. He stated there would be a change here and it would be split - 5; to the State, 2z% to Fridley and 2'z to Spring Lake Park. They understand that. Councilwoman Moses stated that she understood that the light at 69th cost about $104,000 and on this one it says $SO,OOD. � Mr. Sobiech stated that $104,000 is the total improvement �ncluding eng�neering admim stration, etc. The $80,006 is ,7ust the construction cost. The �24,000 difference �s the admintstration cost. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURN: MOTION by Councilman Schneider to ad,7ourn the meeting. Seconded by Counciimar� Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the June 18, 1979, regular City Council meeting ad�ourned at 9•45 P M. ,Respectfully su6mitted, _ �� ��� Kathy Shelton Recording Secretary Approved• 7/9/79 U���� ��� William J. Ne Mayor