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05/05/1980 - 00013549� L 1 � � �3 i THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 5, 1980 The Regular Meeting of the Fridley City Council was called to order at 7:40 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL. MEh9BERS PRESENT: Mayor Nee, Councilman Schneider, Councilwoman Moses and Councilman F�tzpatrick MEMBIERS ABSENT PRESENTATION OF AWARD Councilman Barnette A cert�ficate of appreciat�on was to have been presented to Marvtn Hora for his serv�ces as a member of the Environmental Quality Commission. Since Mr. Hora was not present at the meeting, this certificate will be forwarded to him APPROI/AL OF f4INUTES PUBLIC NEARING. APRIL 14. 1980: MOTIOPd 6y Councilman Schne�der to approve the mtnutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carr�ed unanimously. REGULAR MEETING, APRIL 21, 1980 MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a vo�ce vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGEN�A The following two items were added to the agenda: 1) Proclaroation Establishing May 17, 1980 as Armed Forces Day in the City and 2) Consideration of a Resolution to the Congress rn Reference ta House File 5200. MOTION by Councilman F�tzpatr�ck to adopt the agenda with the above two addit�ons. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee de- clared the motion carr�ed unanimously. OPEN FORUM, VISITORS• Mr. Carl Paulson, 430 57th Place, commented on the problems facing the nation. Mr. Paulson stated Federal spending set the pace for unstoppable inflatton. He pointed out some of the persons and areas affected such as the housing industry where people are unable to purchase a home Also, the rtsing health costs and wide-spread un- employment. OLD BUSINESS OR STREET IMPROVEMENT PROJECT NO 1980-1 Mr. Flora, Public Works Director, stated the bids for this street improvement pro,7ect were opened two weeks ago, however, the item was tabled pending ftnal de- termination on the road al�gnment for the lJniversity Industrial Park Plat. Mr. Flora stated the petitioner requested the proposed road 6e rrioved 40 feet to the east and the City now has a new plat showing this plan and explained it would- n't affect the cost. , <� �� � ��.. REGULAR MEETING OF MAY 5, 1980 PAGE 2 Mr. Flora stated seven bids were rece�ved and the low bidder was NDH, Inc. in the amount of $2D8,792.41. MOTION by Councilman Fitzpatrick to receive the bids and award the bid to the low bidder , NDH, Inc. in the amount of $208,792.41 for Street Improvement Pro,7ect No. ST-1980-1. Seconded by Councilman Schneider. Counc�lwoman Moses questioned if the road construction would make it necessary for the owner of the golf driving range, Mr. �ones, to move his fence posts. Mr. Qureshi, City Manager, stated Mr. Jones indicated the posts would be right � �n the center of the proposed road construction. Mr. Herrick, City Attorney, stated �t would be a very short stretch and probably not over 200 ft. of fence would have to be moved. Mr. Qureshi stated, in reference to the location of the fence posts, he under- stood the City could possibly �ustify moving these poles, as they are in the public right-of-way, however, whether the City could pay for reconstructing them is another question. He explained the City would work with Mr. Jones on this matter. Councilwoman Moses questioned the deferring of assessments on Mr. Jones' property which was another issue brought to the Council's attention. Mr. Qureshi stated Mr. Jones would not be assessed for the South half of the road and �n order to construct the North half, a public hearing would have to be held or a waiver of the hearing received from Mr. �ones. Mr. Qureshi stated, when a survey is obta�ned, he vaould recommend a heartng to determine if the property owners wish to proceed with construction of the other half and also covering Rancher's Road to Main Street. Mr Qureshi stated the City received a favorable bid and if 81st Street is ever going to be improved, this is probably the time to do it Mayor Nee questioned why the fence for the golf driv�ng range was constructed � in the easement. Mr Qureshi stated the r�yht-of-way was dedicated, but the fence was put there after the dedicat�on of the easement. UPON A VOICE VOTE TAKEPJ ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the mot�on carried unanimously. FOR WATER AND SEWER IMPROVEMENT PROJECT Mr. Flora, Public Works Director, stated this sewer and water pro,7ect is associ- ated with Street Improvement Pro,7ect No. ST-1980-1. He pointed out 15 bids were received and the low bidder was the American Contracting Corporation �n the amount of $211,905. MOTION by Councilwoman f4oses to receive the bids and award the bid to the low btdder, American Contracting Corporation in the amount of $211,905 for Sewer and Water Improvement Pro�ect No. 130. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unam mously ORDINANCE N0. 710 AMENDING SECTION 123.03 OF THE CITY CO�E RELATING TO JUNK VEHICLES. MOTION 6y Councilman Schneider to waive the second reading of Ordinance No. 710 � and adopt it on the second reading and publish. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrted unani- mously REGULAR MEETING GF MAY 5, 1980 PROCLAMATION ESTABLISHING MAY PAGE 3 MOTION by Councilman Fitzpatrick to approve this proclamation. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: � CONSIDERATION OF FIRST READI 7280 COMMERCE CIRCLE EAST AN Mayor Nee stated letters were received from the utility compam es and they indicated no ob,7ections to the vacation of the easement f10TI0N by Councilwoman Moses to waive the reading and approve the ordinance upon fi rst reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor PJee declared the motion carried unam mously. CONSIDERATION OF FIRST READING OF AN OR�INNP�CE ON REZONING, ZOA �'80-01, ROBERT SCHROER: This item will be considered after the item concerning the final plat for the University Industrial Park. CONSIDERATION OF FINAL PLAT, P.S. #80-01. UfJIVERSITY INDUSTRIAL PARK, ROBERT Mr. Flora, Pu61ic Works Dtrector, stated this plat is located on 81st, west of University Avenue. He stated the Planning Commission has recommended approval of the plat and pointed out the road to be constructed would be moved approximately 40 feet to the East. � Mr. Flora stated the Gommission also recommended Lots 1 and S, Block 4, 6e granted a 35 foot setback with the stipulatton that the loading be to the rear of the building on these properties. � h Ai l MOTION by Councilwoman Moses to approve the Final Plat, P.S. �80-01, Um verstty Industrial Park, wtth the inclusion that Lots 1 and 8, Block 4, be granted a 35 foot setback with the stipulation that the loading 6e to the rear of the bullding on these properties. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSI�ERA Mr. Flora, Public Works Director, stated this rezon�ng request is to change the zoning from C-2 to M-1 relating to the University Industrial Park Plat. He stated the Planning Comm�ssion has recommended approval, and the rezontng was requested as the owner didn't feel the property was marketa6le as com- mercial property because of the development at Northtown. MOTION by Councilwoman Moses to wa�ve the reading and approve the ordinance upon first reading. Seconded by Councilman Fitzpatrick Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried unanimously. RECEIVING PLANNING COMMISSION MINUTES OF APRIL 23, 1980: - MOTION by Councilman Fitzpatrick to set the public hearing on this vacatton request for �une 9, 1980. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. ���r REGULAR MEETING OF MAY 5, 1980 CONSIDERATION OF LOT S PAGE 4 5825 and 5831 NT AUTHORITY: Mr. Flora, Public Works D�rector, suggested this �tem be tabled and con- sidered at the t�me of the public hearing on June 9 regard�ng the vacation request, since it concerns the same properties. MOTION by Counctlman Fitzpatrick to table this item to June 9, 1980. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously. Mr Flora, Publ�c Works Director, stated thts lot split involves three 40 foot lots which have been purchased by the HRA and wish to split in order to make two building sites from these three lots. He state the Planning Commission has recommended approval of the lot split MDTION by Councilman Fitzpatrick to grant Lot Split, LS '�,80-02. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Counctlman Fitzpatrick raised the question on the size of the lots covered under LS #80-01. He felt it would be better for the area to have two 80 foot lots, rather than three 50 to 60 foot lots. Mr. Qureshi, City Manager, stated they are trying to put a limit on the cost for the sale of the lots, around $4,��0 each, to meet the requirements of moderate income 4iousing. Mr. Herrick, City Attorney, stated he talked with the City Planner, Jerry Boardman,regarding this matter, and in Mr. Boardman's discussions with HUD, what they propose on these lots is to sell them for around $4,000, plus the cost of special assessments, and this f�gure is substantially less than what they patd for the land wtth the dwelling on it He stated the provisions of zhe sale is something to the affect that if the family buying the home con- t�nues to live on the property for 10 years, a write-down will be written off. If the family chooses to sell the property or ceases to ltve on it, the City would have the second mortgage and the difference between the cost of the property to the Cit,� and what the buyer paid for the lot would have to 6e paid. Mr. Brunsell stated this is part of the large family housing program for which the C�ty has a grant and they will draw from this for the write-down. Councilman Fitzpatrick felt it wouldn't make a difference if they had two lots selling for �6,000 each or three lots selling for $4,000 each. Mr Herrick stated, from the standpoint on what the City would recover from the sale of the lots, Councilman F�tzpatrick's point is true. He stated the Counctl may wish to consider what ts compatible with the neighborhood probably more than the loss of �4,000 which might be the loss of a site for another home. Mr. Qureshi, City Manager, stated another consideration is that the land and the consiruction of the home have to be kept within a certain dollar limit. Councilwoman Moses stated, in talking with Mr. Boardman, the figure she recalled was that the cost for the land and the home couldn't exceed $52,D00 She stated, depending on how the 6ids came in from the contractors for con- struction of the home, the difference up to $52,D00 would be paid for the lot. Councilman Fttzpatrick felt the money consideration here was not persuasive, but the real cons�deration �s u�hether there be two 8D foot lots or three 53 foot lots ' ' 1 ; �. ; REGULAR MEETING OF MAY 5, 1980 Page 5 Mr. Flora stated the HRA's qoal is to provide the maximum number of houses for low income persons. Mayor Nee asked if they didn't have a concern on the liva6ility and impact of the neighborhood. Mr. Flora stated these lots would satlsfy the code requirement. Mr. Qureshi stated it is his understanding that the lot ad,7acent to these lots is only 40 feet wide. He felt the area could be checked to see how these properties would fit tnto the total neighborhood and come back with � this information since this item is not before the Council this evening. MOTION by Councilman Fitzpatrick to receive the minutes of the Planntng Commisston Meeting of April 23, 1980. Seconded by Councilman Schne7der. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unammously. RECEIVING POLICE CIVIL SEP,VICE COMMISSION MINUTES OF APRIL 9, 1980: MOTION by Counc�lman Schneider to receive the minutes of the Police Civil Service Commission Meeting of Anril 9, 1980. Seconded by Councilman Fitzpatrick Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unan�mously. RECEIVING THE POLICE CIUIL SERVICE COMMISSION MINUTES OF APRIL 24, 1980 MOTIDN by Councilman Fitzpatrick to recetve the minutes of the Police Civil Service Commission Meeting of April 24, 1980. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. AN � Mr. Flora, Public Works Director, stated eight bids were received on the water reservoir repair pro,7ect and the low bidder was fJue Lool< Construction tn Fridley. He stated the 6�ds ranged from �10,800 to $39,6QD and �❑ re- vtewing the 6ids for accuracy, it was noted there was a$6.00 error in computations on the bid from Nue Look, and the correct bid should be 510,813.20, instead of $1D,807.20. Mr. Flora stated references were checked for Nue Look Construction and co�nents received ranged from excellent to very good, there- fore, it is recommended this low bid be accepted. MOTION by Councilwoman Moses to rece�ve the bids and award the bid to the low bidder, Nue Look Construction, in the amount of �10,813.20. Seconded by Councilman Fitzpatrick. Counc�lman Schnetder asked if �t would be advisa6le to wait on the repa�rs until fall. Mr. Flora stated this is the first time the reservoir has been drained in 13 years and they did find some structural problems. He felt now would be the time to make the necessary repairs since the reservoir is dry, clean and ready for repair. He felt, if the reservoir is filled, without the repa�rs, lt could contribute to further defic�encies 11PON A VOICE I/OTE TAKEN ON THE ABOVE MOTIOPJ, all voted aye, and Mayor Nee declared the motion carried unanimously. ' CONSIDERATION OF STATUS OF PAYMEPJT TO COMMUNITY SCHOOLS FROM CITY OF FRIDLEY MOTION 6y Councilwoman Moses to authorize the payment of $5,000 to the community education program for a one year period. Seconded by Councilman Fitzpatrick. Counctlman Schneider voiced his concern and reservation of one governmental agency paying another governmental agency, when both are supported by the tax- payers. � :� h REGULAR MEETING OF MAY 5, 198D �.�• . UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor fdee declared the mot�on carried unanimously. Counc�lwoman Moses sta�ed, after reviewing a copy of the School District's ph�losophy regarding user's fees, she felt th�s �s a topic that should be brought up again for discussion with the School Board. APPOINTPIENT: EPdUIRDNP�IENTAL QUALITY COFiMISSION Counc�lman Schneider nominated Richard Svanda, 1521 lJoodside Ct. N.E., for appointment to thts Commtsston. There being no further nominations, the follow�ng action was taken: MOTION 6y Councilman Schneider to cast a whtte ballot for Richard Svanda for appointment to the Environmental Quality Commission. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee de- clared the motion carried unanimously. APPOINTMENT: CITY EMPLOYEE: MOTION by Counc�lman Schneider to concur with the appo�ntment by the City Manager of: EFFECTIVE NAME POSITION SALARY DATE REPLACES Kent Hill Economic Develop- $18,420 17 �unuggan Court ment Assistant. per Iowa City, Iowa City Manaaement year �une 23, Ron Holden 1980 Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Offi ce. Seconded by Councilwoman Moses. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unan�mously CLAIMS: MOTION by Councilman Fitzpatrick to authorize payment of Claims fJo. 112800 through 123601. Seconded by Councilwoman P1oses. Upon a voice vote, all vottng aye, P�ayor Nee declared the motion carried unantmously. ESTIMATES: MOTION by Councilwoman hloses to approve the estimates as submitted. Halvorson Construction 4227-165 Ave. N.E. Wyoming, MN 55092 Partial Est. T1 - 1980 Misc. Concrete Curb & Gutter ContracE $1,020.00 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pdee declared the motion carried unanimously. ISHIfJG A POLICY REGARDING REPLACING Mr. Brunsell, City Clerk, stated 61st is one of the first streets he �s aware of where they took out asphalt curbing and replaced it with concrete curbing. He stated, at the t�me of the hearing, there was some question if the City was going to levy the assessment. i ' 1 1 � L J REGULAR MEETING OF �4AY 5, 1980 Page 7 Mr. Q�reshi, Ctty Manager, explained that 61st is a side street to the residen- tial neighborhood and was improved from asphalt curb and gutter to concreie. He stated there was discussion whether the property owners should or should not be assessed. He felt there should be a policy covering this sttuation where an improvement is made on a State Aid streei which serves as a side street to a residential area on whether or not the residential property owners would pay for changing the curb from asphalt to concrete. Mayor Nee stated, from the tapes on this hearing, he saw a very firm statement from the Council that th�s wouldn't be assessed. He stated none of the resi- dents petitioned for the improvement and it was done at the request of the Engineering Department for the conven�ence of the City Mr. Qureshi stated thts is the first t�me a situation of this nature has come up and the Council could set a precedent at this time. He felt if it was the Council's feeling, where there is a State Aid street which serves as a side street and a change is made from asphalt to concrete curb�ng, that the costs for residential properties be absorbed from State Aid funds, there should be a policy statement to this effect. Mayor Nee felt the Council made a commttment to the res�dents at the time of the publtc hearing that they wouldn't be assessed for concrete curbing on 61st, as the Ctty was the only one who wanted the tmprovement Counctlman Schneider stated there was extensive discussion on this particular �tem at the time of the hearing and agreement there would be no charges to the residents. He stated he would feel comforta6le with the Ctty esta6l�shing a policy regarding concrete curbing on City streets, but in this particular in- stance, he felt the comm�tment made by the Council was qu�te clear. MOTION by Councilwoman Moses that the residents not be assessed for the concrete curbing on 61st Avenue as this ts a State Aid street whtch serves as a side street to a residenttal area and property owners have already paid assessment for asphalt cur6ing Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrted unanimously. Mayor Nee asked the res�dents be notified they wouldn't be assessed for the concrete curbing. AN AP1EN�MENT TO U.S. HDUSE BILL 5200 ELI Mayor Nee stated this resolutton would be in support of a proposed amendment which would remove the power to establish an admi m strative court in HUD. MOTION by Councilman Fitzpatrick to communicate w�th the entire legislative delegation for submtsston of Resolution No. 42-1980 in support of the Sensenbrenner-Volkmer Amendment to House Bill 5200. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. A�JDUP.NMEPlT MOTION by Councilman Fitzpatrick to ad,7ourn the meettng Seconded by Councilman Schneider. Upon a voice vote, all voting aye, P9ayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of P1ay 5, 1980 ad�ourned at 9:12 p m. Resp ctfully submitted, �.�-� �Z.�,� Carole Haddad Secy. to the City Council Approved: May 19, 1980 ���r��` � � J� , �-- - William J. Ne ,+ Mayor i �`r