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06/16/1980 - 00013509; r crY 1 �J THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF �UNE 16,1980 The Regular Meeting of the Fridley City Council was called to order at 7:37 p.m by Mayor Nee. PLE�GE OF ALLEGIANCE• Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT MEf�IBERS ABSENT PRESENTATION OF AWARDS: Mayor Nee, Councilman F�tzpatrick, Councilwoman Moses, Councilman Schne�der and Councilman Barnette None CERTIFICATES OF APPRECIATION - RETIRING FIREFIGHTERS: The Counc�l recognized the follow�ng firefighters who served the community as volunteer firefighters and who now are elig�ble for ret�rement. Arthur J. Olson Merle B. Longerbone James W. Bates Donald C. Carrigan Gordon G. Harstad Arthur J. Silseth Robert �. Goranson Mayor Nee read the inscr�pt�ons on the certificates and thanks were extended by all members of the Council. APPROVAL OF MINUTES REGULAR MEETING, Jl1NE 2, 1980: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councrlwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA The follow�n9 items were added to the agenda; (I) Cons�derat�on of a Resolution Order�n9 Preliminary Plans, Specifications and Estimates of the Costs Thereof. Street Improvement Pro�ect 1980-2 81st Avenue (Hickory Street to Beech Street) and Hickory Street (81st Avenue to 800 Feet North). (2) Considerat�on of a Resolution Receiving the Prel�minary Report and Receiving a Petit�on to Wa�ve a Public Hearing on the Matter of the Constructton of Certain Improvements: Street Improvement Project 1980-2. (3) Consideration of a Resolut�on Ordering Improvement and Final Plans and Specif�catians and Estimates of Costs Thereof: Street Improvement Pro,7ect No. ST. 1980-2 81st Avenue (Ma�n Street to University); 81st Avenue (Hickory Street to Beech Street) and H�ckory Street (81st Avenue to 800 Feet North) (4) Consideration of Estimates from Weaver, Talle and Herr�ck dated �une 13, 1980. MOTION by Councilman Fitzpatrick to adopt the agenda with the above additions Seconded by Councilman Schne�der. Upon a �oice vote, all voting aye, Mayor Nee declared the motion carried unanimously ' LJ 1 �7�� REGULAR MEETING OF JUNE 16, 1980 OPEN FORUM, VISITORS: PAGE 2 Jim Langenfeld, Treasurer of the Islands of Peace Foundat�on, stated the Foundation met earlier this everaing and made a motion to remove Ed Wilmes as Coordinator and Groundskeeper until such t�me as he is fully able to resume such duties. The motion further stated he was to arrange for hos- p�tal�zation to treat his present illness and in the event he fa�led to do so, he must vacate the premises either voluntarily or by court order. � Mr. Langefeld stated Mr. Wilmes was commended for his efforts in the past, however, his personal behavior and health is detrimental not only to him, but others He stated the motion carried unanimously and Mr. Wilmes was present at the meeting. Councilman Barnette stated he felt the reason for this is humanitartan and in the long run, it would serve Ed Wilmes' best interests. MOTION by Councilman Barnette to receive the motion from the Islands of Peace Foundation Seconded by Counc�lman Schneider Upon a voice vote> all voting aye, Mayor Nee declared the motion carried unan�mously. NEW BUSINESS. RECEIVING PLANNING COMMISSION MINUTES OF JUNE 4, 1980: CONSIDERATION OF A REOUEST FOR A SPECIAL USE PERMIT. SP #80-04 TO Mr. Qureshi, City Manager, stated this item was withdrawn at the request of the applicant, Mr. Johanson, and they are looking at other alternatives. MOTION by Councilwoman Moses to table indefinitely. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on � carried unanimously APPEALS COMMISSION MINUTES OF MAY 27, 1980: PART OF PROPOSED THREE BUILDING COMPLEX Mr. Flora, Public Works Director, stated the Rauenhorst Corporation is planning three large buildings in this area, with two facing Main Street and one building abutting the railroad tracks. Mr. Flora stated a var�ance is requested for the rear building, which would a6ut the tracks, to reduce the rear yard from the required 25 feet to 21 feet. He stated the Appeals Commission has cons�dered this var�ance request and recommended approval. Mr. Flora stated, if the Council approved the variance, it �s recommended there be two stipulations, (1) increased landscaping along the fron+. facing the restdential properties and (2) an underground sprinkling system Ms. Michelle Foster, representing Rauenhorst Corporation, stated she was not sure what was meant in the stipulation for increased landscap�ng. She stated a landscaping plan was submitted several months ago and, based on comments from ' the City staff, the s�ze was increased and another plan submitted. She stated, tf this landscaping plan is acceptable, then the stipulation would not be a problem. Mr. Flora stated the plan was received this afternoon and staff is presently review�ng it and felt something can be worked out f ! �i REGULAR MEETING OF JUNE 16> 198Q PAGE 3 Mayor Nee questioned the truck route and Ms. Foster stated they assume most of the truck traffic would go to I-694 Mr. Flora stated, as far as the drainage, the City has a plan from Rauenhorst for a retain�ng pond. Ms. Foster did submit a sketch of the proposed development and stated they would make the buildings as attractive as possi6le for the nei9hborhood. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and approve the variance request to reduce the rear yard setback from 25 feet to 21 feet with the stipulat�ons that the petit�oner subm�t an accepta6le landscaping plan, including a sprinkling system, to the City Engineer. Seconded by Counci7woman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. REQUEST FOR VARIANCE TO INCREASE SIGN SIZE TO ALLOW ADDTTION OF MESSAGE BOARD, 6881 HIGHWAY 65, EUGENE KREUZKEMPER: Mr. Flora, Public Works �irector, stated the 150 square foot sign for th�s establishment was allowed by a variance granted in 1969 He pointed out Mr. Kreuzkemper has added a modification to the existing sign by adding a 4 x 5 foot reader board which makes a total area of 170 * square feet. Mr. Flora stated Mr. Kreuzkemper purchased the sign and became aware he was in v�olation of the code, after it was installed, and has requested a variance. He stated the Appeals Commission has recommended approval with the following stipulations: (1) That the var�ance will term�nate on July 1, 1981, at which time the message board will be removed, and is not renewable: (2) That if the motel is sold, the message board must be removed �mmediately, and (3) That the 'color T�' sign may not be replaced or reinstalled. Councilman Schnetder stated i�r. Kreuzkemper purchased this motel last year and questioned if there was any reference made to the s�ze of the sign when he purchased tt Mr. Kreuzkemper replied in the negative. Councilman Schnetder asked Mr. Kreuzl<emper if he was reasonably 7n agreement with the stipulat�ons recommended by the Appeals Commission. Mr. Kreuzkemper stated he would prefer a little more time before the variance would terminate so he would realize some use from the investment made in the sign. Mr. Kreuzkemper felt, 6ecause of the landscaping behind it, the sign does fit in and in no way does it distract from the property. He stated, when he took down the sign regard�ng the color TV, this new sign was hung by the same brackets between the pylons. Counc�lman Schneider asked Mr. Kreuzkemper what he felt would be a reasonable t�me before the sign had to be taken down. Mr. Kreuzkemper felt he would like to be able to keep the s�gn up for a least two years Councilman Schneider stated, in this case, the sign doesn't seem out of scale relative to the ne�gh6oring structures. He felt the message board really d�dn't expand the size of the sign and would be comfortable with a date of July 1> 1982 for removal of the sign. Councilman Fitzpatrick asked if the sign was already installed and if the company he purchased it from was licensed in the City to erect the s�gn Mr Kreuzkemper stated he installed the sign himself and used the same brackets and electrical box that was used for the "color TV" sign. Councilman Schneider stated he is concerned about the people who sell the sign and knowingly violate the ordinance. *Corrected at Regular Council meeting on July 7. 1 1 1 � _� REGULAR MEETING OF ,]UNE 16, 1980 PAGE 4 y' G li MOTION by Councilman Schneider to grant the variance to increase an existing sign of 150 square feet to 170 square feet by allowing the addition of a 4 x 5 foot message board to be added to the existing sign at 6881 Highway 65, with the following st�pulations: (1) That the variance will termtnate on July 1, 1982, as opposed to �uly 1, 1981 which was recommended by the Appeals Commission, at which t�me the message board will be removed and is not renewable, (2) That if the motel �s sold the message board must be removed immed�ately; and (3) That the "color TV" sign may not be replaced or reinstalled. Seconded by Counc�lman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. SIGN LEASE FOR CHARLIES IN FRIDLEY. BY Mr. Flora, Puhlic Works �irector, stated the Council had discussed this item several weeks ago and since this time, the matter has been referred to the Appeals Commission. He stated the Appeals Commission has recommended an ex- tension of the roof sign at Charlies in Fridley until the liquor license renewal �n April, 1982 to be reviewed a9ain at that time by the Commission and reviewed, if the property changes ownership. MOTION by Councilwoman Moses to concur with the recommendation of the Appeals Commiss�on and grant an extension of the roof s�gn at Charlies in Fridley until the liquor license renewal in April, 1982 Seconded by Councilman Schneider. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. The Council then received the minutes of the Planning Commission Meet�ng of June 4, 1980. RECEIVING CATV COMMISSION MINl1TE5 OF MAY 8, 1980 MOTION hy Councilman Fitzpatrick to receive the m�nutes of the Cable Television Commission Meettng of May 8, 1980. Seconded by Councilman Barnette. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated there is reference in the minutes to a letter which the Council received and asked staff to check on this since he, as well as other Council members, d�d not recall receiving this correspondence. RECEIIIING PLANNING COMMISSION MINUTES OF SPECIAL MEETING OF �UNE 9, 1980: MOTION by Councilwoman Moses to recetve the minutes of the Special Meeting of the Planning Commission of June 9, 1980. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously Councilman Schne�der felt it was difficult to follow the items discussed by the Comm�ssion when he doesn't have informat�on on the proposed changes. RESOLUTION N0. 60- STREET IMPRDVEMENT PROJECT ST. 1980-1 MOTION by Councilman Fitzpatrtck to adopt Resolut�on No. 60-1980 and author- ' ize Change Order No. 2 for Street Improvement Pro,7ect ST. 1980-1, Addendum #2 with NDH, Inc. 700 Industry Avenue N. W., Anoka, M�nnesota 55303, in the amount of $45,184.00. Seconded by Councilwoman Moses Upon a vo�ce vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. ,di �� �� REGULAR MEETING OF JIJNE 16, 1980 RESOLUTION NO 61-1980 AUTHORI D PAGE 6 1 MOTION by Counc�lman Fitzpatrick to adopt Resolution No. 61-1980. Seconded by Counc�lwoman Moses. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried una m mously. Mr. Flora, Public Works D�rector, stated a petition was received from property owners in th�s area for the improvement and does constitute 100% of the owners who will benefit from the improvement and they waive the right of a public hear�ng. MOTION by Councilwoinan Moses to adopt Resolution No. 62-1980 and Resolution No 63-1980. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION NO st Avenue f.lq n Street to I versitvl 81st Avenue � et MOTION by Councilwoman Moses to adopt Resolution No. 64-1980. Seconded by Councilman Fitzpatrick. 1 Mr. Qureshi, City Manager, stated Mr. Roger ,lones had called this morning and , stated he would be �n favor of the improvement, if he could have the assessment deferred Mr. Qureshi stated the assessment roll, when prepared, will be pre- sented on a deferred basis for Mr. �ones for a five year period unless the property is sold, plotted or developed. Councilwoman Moses asked if one Mr. Jones started bidding on the property, he would start paying the assessment. Mr Herrick, City Attorney, stated once the plat is filed, payment would begin on the assessment. Mr. Qureshi stated he felt Mr. Jones was aware of this as it was discussed. He stated Mr. �ones had talked about possibly some f�ll for his property, however, this wouldn't change the deferred assessment, however, if he wanted to develop the property, he would need to plat it and then the assessment would no longer be deferred, UPON A VOICE VOTE TAKEN DN THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. ON N0. 65-1980 ORDERING I iv st Avenue NE to t�OU hee MOTION by Councilwoman Moses to adopt Resolution No. 65-1980 Seconded by Councilman Fi�zpatrick. Upon a voice vote, all voting aye, Mayor Nee de- clared the motion carried unanimously , � � , REGULAR MEETING OF JUNE 16, 1980 I1[1� IN PAGE 6 FAMILY HDME OWNFR- Mr. 6runsell, City Clerk, stated this resolution would authorize changes in the 1980 budget �n the General Fund and the Large Family Home Ownership Fund. He explained no budget was adopted for the Large Family Home Ownership Fund, when the balance of the 1980 budget was adopted, and these funds are provided entirely from Federal grants or transfers from the H.R.A He stated the changes to the General Fund are to accommodate two Police grants and for personal services, as well as salary changes. Mayor Nee suggested possibly the word "amended" should be changed to "in- creased". MOTION by Counctlman Schneider to adopt Resolution No. 66-1980 amending it by changing the word "amended" to "increased". Seconded 6y Counc�lman Barnette Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. RECEIVING BIDS AND AWARDING CONTRACT FOR ST. 1980-10 (SEAL COATING PROJECT): Mr. Flora, Public Works Director, stated bids for the seal coat pro,7ect were opened on June 9, 1980 and three bids were received. He stated it is rec- commended the b�d be awarded to the low bidder, G& L Sealcoating Company of Anoka, Minnesota in the amount of �1D,266.98. MOTION by Councilman Barnette to receive the bids for Seal Coat Project ST. 1980-10 PLANHOLDER Allied Blacktop 10503 - 89th Avenue No. Maple Grove, Minn. 55369 Bituminous Roadways 2825 Cedar Avenue So Mpls., M�nn. 55407 Attn: Tom Haller G & L Sealcoating Co. 16340 Nowthen Blvd. Anoka> Minn. 553D3 Attn: Gordy Hicks BID DEPOSIT 5% State Surety Co 5% Fireman's Fund Ins 5% American Druggists Ins. Co. BASE QID $13,211 19 $13,588.65 $10,266.98 Seconded by Councilman Schne�der. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Moses to award the contract to the low bidder, G& L Sealcoating Company of Anoka in the amount of $10,266.98. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, ��layor Nee declared the motion carr�ed unanimously. RECEIVING BIDS AND AWARDING CONTRACT - MOTOR FIRE APPARATUS, TRIPLE COM6INA- TION 1250 GPM PUMPER: Mr. Quresht, Ctty Manager, stated bids were opened and came in at a h�gher price than expected and requested this item be tabled to the f�rst meeting �n July. MOTION by Councilman Fitzpatr�ck to table this item to the first meeting in July. Seconded 6y Gouncilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �77 i'� �. � (J REGULAR MEETING OF JIJNE 16, 1980 APPOINTMENT - CITY EMPLOYEE• PAGE 7 MOTION by Councilman Schneider to concur w�th the appointment by the City Manager of• EFFECTI�E NAME POSITION SALARY DATE REPLACES Kathryn Schoenberger 5612 Re9ent Crystal, Minn. 55429 Office $769 Assistant Per Police Dept. Month June 9, 1980 Joyce F�sk Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS MOTION by Councilman Schneider to authorize payment of Claims No. 157M24 through 164Z02. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES MOTIDP! by Councilwoman Moses to approve the license as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIP�ATES : MOTION by Counctlman Fitzpatr�ck to approve the estimates, with the additton of the est�mate from Weaver, Talle and Herrick dated June 13, 1980. Smith, Juster, Feikema, Malmon & Haskvitz 1250 Builders Exchange Bldg. Minneapolis, Minnesota 55402 For legal services rendered as Prosecutor during the month of May, 1980 N.D.H Asphalt, Inc. 700 Industry Avenue N. W Anoka, Minnesota 55303 Partial Estimate #1 - St. 1980-1 American Contracttng Corporation 1540 Yellowbrick Road Coon Rapids, Minn. 55433 Partial Estimate #1 - S& W Pro,7ect No. 130 Talle, Herrick, Munns & Goodrich 6279 University Avenue N. E. Fridley, Minn. 55432 May Retainer $2,710.00 �68,792.10 $81 „833.32 $ 1,300.00 Seconded by Councilwoman Moses. Upon a voice vote, all vot�n9 aye, Mayor Nee declared the motion carried unanimously. A9JOURNMENT: Mot�on by Councilman Schneider to ad,7ourn the meeting. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meettng of the Fr�dley City Council of June 16, 1980 ad,7ourned at 8:40 p.m. Respectfully submitted, -�,!(,c�-�� i�'� °� �°``� Carole Haddad Secy. to the City Council Approved. July 7, 1980 r �� � � �r ,� , � � � ,� � � William J�. Nee Mayor 1 ' � .