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09/13/1982 - 00012844THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 73, 1982 The Regular Meeting of the Fridley City Couneil was called to order at 7�35 P. m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegianee to the Flag. � ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman Fitzpatrick, Councilman Hamernik, Couneilman Sehneider and Couneilman Barnette MEMSERS ASSENT: None APPROVAL OF MINUTES: MEETING OF AUGUST tfi, 1982: MOTION by Councilman Barnette to approve the minutes as presented. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Fitzpatrick to adopt the agenda as presented. Seconded by Couneilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The following items were not agenda items, but added later in the meeting: (1) Consideration of a Resolution Approving a Permit Application to the � Metropolitan Waste Control Commission hy Kuether Distributin� Company. (2) Consideration of a Resolution 01'dering Improvement and Approval of Plans And Ordering Advertisement for Bids: Moore Lake Storm Sewer Pro,7ect P1o. 137• (3) Receiving Petition 4k6-1982 in opposition to Heavy truck traffic on 5th Street from 61st Avenue to 63rd Avenue. OPEN FORUM. VISITORS There was no response from the audienee under this item of business. PUBLIC HEARINGS: PUBLIC HEARING ON PROPOSED PROJECT FOR ISSUANCE OF $2,000.000 INDUSTRIAL DEVELOPMENT REVENUE SONDS TO THE KUETHER DISTRIBUTING COMPANY UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT. MINNESOTA STATUTES. CHAPTER 474: MOTION by Couneilman Hamernik to waive the reading of the publie hearieg � � �__ � � �4 COUNCIL MEETING OF SEPTEMBER 19 19�2 Ag GE 2 notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:38 p. m. Mr. Inman, City Clerk, stated this is a request for approval of the issuance of industrial revenue bonds in the amount of $2,000,000 for construction of a 60,000 square foot beer distributing warehouse. Mr. Inman stated it is proposed that this facility, once completed, will employ over 25 persons. � Mr. Inman stated information has been received from the financial people and reviewed by the City, and is in compliance with the statutes governing the issuance of industrial revenue bonds. Mr. Ron Serg, representing Miller Securities, Ine., stated they are the underwriter for this transaction and explained that Mr. Kuether has been in the distributing business for over 3D years in Minneapolis and would be moving to this new facility, if approval is given for the issuance of the industrial revenue bonds. Mr. Berg presented a site plan for this warehouse, which would be located on Highway 65, �ust west of Pennzoil. He stated this pareel is presently vacant and it is proposed to extend the existing service drive to the south. Mr, Berg further stated there would be parking provided for approximately �k0 cars and landscaping around the property. He stated there has been no discussion regarding fencing, but this may be necessary for security reasons. Mr. Serg stated preliminary plans have been submitted to the City staff and they would work with them to finalize- the details. Mr. Berg stated Kuether Distributing is only a distribution center and no alcoholic beverages will be made on the site. Mr. Young, representing Kuether Distributing, stated they have 18 routes � and there would be two to four semi-trueks per day into this distrituting facility. Mr. Berg stated their company has reviewed the finaneial statements and has agreed to buy the bonds and market them. Councilman Hamernik asked what other eosts were involved besides the land and the building. Mr. Young stated in their breakdown, the costs, other than for the land and building, were for sueh things as coolers, a climate control system, to write the discount on the bonds, and a contingency for construction. No persons in the audience spoke regarding the proposed issuance of these industrial revenue bonds, MOTION by Councilman Schneider to close the public hearing. Seconded by Couneilman Barnette. Upon a voice vote, all votang aye, Mayor Nee declared the Motion carried unanimously and the public hearing closed at 7:47 P. m. � � COUNCSi MEET?NG OF SEPTEMBFR 1�, 1q82 AP GE 3 Mr, qureshi, City Manager, stated the resolution giving preliminary approval for this pro,7ect is on the Couneil's agenda for consideration later in the meeting, however, Mr, Serg has another commitment and had to leave the meeting, therefore, Mr. �lureshi asked if the Council wished to consider the resolution at this time. RESOLUTION N0. 72-1982 GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT. REFERRING THE PROPOSAL TO THE � COMMISSIONER OF ENERGY, PLANNING AND DEVELOPMENT FOR APPROVAL AN➢ AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS (KUETHER DISTRISUTING COMPANY: MOTION by Councilman Hamernik to adopt Resolution No. 72-1982. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the mot7.on carried unanimously. Mr. Qureshi, City Manager, stated this site does not have City sewer available, however, there is a line of the Metropolitan Waste Control Commission along the south 6oundary. He requested, therefore, the Council to consider a resolution to petition the Metropolitan Waste Control Commission to permit a direet connection to their line for Kuether"s proposed facility. RESOLUTION N0. 7�-1982 APPROVING A PERMIT APPLICATION TO THE METROPOLITAN WASTE CONTROL COMNIISSION TO PERMIT A DIRECT CONNECTION TO THEIR LINE FOR THE PROPOSED KUETHER DISTRIHUTING COMPANY'S FACILITY: MOTION by Couneilman Schneider to adopt Resolution No. 73-1982• Seconded by Couneilman Sarnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARING ON PROPOSED 1983 CITY BUDGET INCLUDING AMOUNTS TO BE SUDGETED FOR REVENUE SHARING PURPOSES: � MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:50 p. m. Mr. Qureshi, City Manager, stated the total General Fund budget prpoposed is $6,307,659> with $280,000 financed by revenue sharing funds. Mr. Qureshi stated the revenue sharing funds would be spent in the areas of general management, public safety, and parks and reereation. The overall budget for a11 funds is $7,088,459. No persons in the audience spoke regardin� the 1983 budget. MOTION by Councilman Fitzpatrick to close the public hearang. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motzon carried unanimously and the public hearing closed at 7:52 p. m. �J � r�`�! °i � n �� COUNCIL MEETING OF SEPTEMBER 1�, 1982 OLD BUSINESS• PAGE 4 ORDINANCE N0. 75k ADOPTING A NEW CHAPTER 211 ENTITLED "SUBDIVISION" AND REPEALING OLD CHAPTER 211 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY (15T READING 7/12/82): Mr. Quresha stated this is to update the ordinance and 6ring it in compliance with State statutes. He further explained this ordinance also provides for zero lot lines. MOSION by Councilman Fitzpatrick to waive the reading of Ordinance No. 754 and adopt it on the second reading and order publication. Seconded by Couneilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE N0. 755 TO AMEND THE CITY CODE BY MAKING A CHANGE IN ZONING DISTRICTS, ZOA �k82-01. W. G. DOTY AND GARY WELLNER (1ST READING 4/5/82): MOTION by Couneilman Hamernik to waive the reading of Ordinanee No. 755 and adopt it on the second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. ORDINANCE N0. 756 VACATING STREET RIGHT-OF-WAY SAV �82-02, BY S& R INVESTMENT (1ST READING 8/16/82): MOTION by Couneilman Hamernik to waive the reading of Ordinanee No. 756 and adopt it on the second reading and order publication. Seconded by Couneilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanamously. CONSIDERATION OF VARIANCE REQUEST TO REDUCE THE MINIMUM LOT AREA AND REDUCE THE FRONT YARD SETBACK. TO ALLOW THE CONSTRUCTION OF A NEW DWELLING AT 62F ELY STREET N. E., GILHERT MENKVELD. ANOKA (TABLED 8/16/82): Mayor ffiee stated the Couneil received some information from staff on the question of small lots. Mr, Qureshi, City Manager, stated the inFormation provided to the Couneil indicated homes in the area whieh were built on 50 foct lots. Councilman Fitzpatrick stated it is true houses in the area were built on 50 foot lots, but in this case the varianee is to reduce the lot area from the requared 7,500 square feet to 5,500 square feet and the 7,500 square feet is already a reduced amount from most other lots in the City. � � � � � � COUNCIL MEETING OF SEPTEMBER 13, 1982 PAGE 5 MOTION by Councilman Fitzpatrick to concur with the recommendations of the Appeals Commission and deny this variance request based on the following reasons: That the ma�ority of homes in the immediate area are built on larger lots; that the house to the east has an attached deck that is built very close to the lot line; the plan does not provide for a garage and there is concern about parking and storage in a home without a basement; the house plan is not eompatible with other homes in the area and there was neighborhood ob,7eetion to the plan. Seconded by Councilman Barnette. Mr, Menkveld stated the same evening his variance request was heard 6y the Appeals Commission they gave approval for a variance on a 50 foot lot to Mr. Jones, Councilman Schneider stated a variance was given by the Appeals Commission a 50 foot lot, however, there was a correction to the minutes to indicate the rationale for denying this variance. Mr, Rureh of the City staff read the reasons, which were included in the Appeals Commission minutes, why they had recommended denial of this variance. Mr. Herrick, City Attorney, felt if it as going to be the City's policy to deny the variances on 50 foot lots, he thought it should be consistent. Couneilman Fitzpatrick stated the reference has been to 50 foot lots and his point is he is ob,7ecting to a 5,500 square foot lot, not to a 5D foot lot, Couneilman Fitzpatrick stated it bothers him to have a memo from staff saying there are approximately 20 buildable lots when the City has an ordinanee saying the minimum requirement is 7,50D square feet. Mr. Herrick felt the staff's memo was qualified by the statement that these were buildable, if the City allows construction where there is a sub- standard square footage. Councilman Schneider also pointed out that of the 20 vacant lots, eight have two ad�acent 50 foot lots so they could be combined into 100 or 75 foot lots, A gentleman in the audience pointed out that the whole area was platted for 25 foot lots, however, the persons in this block have several 25 foot lots which make their parcel 75 to 100 feet in size. Mr. Dale Dickson, 600 Ely Street, stated he has 110 foot frontage, but didn't feel he could split his lots because he wouldn't meet the square footage requirements. Councilman Schneider asked if the Council upholds the decision of the Appeals Commission if the City Attorney would have difficulty if they get into litigation. � ',w'�a1 4'�,; COUNCIL MEETING OF SEPTEMBER 13. 1982 AGE Mr. Herrick, City Attorney, stated he felt the reasons for denial should be articulated. Councilman Fatzpatrick stated most of the points were made in the discussion by the Appeals Commission even though they weren't an the motion. UPON A ROLL CALL VOTE, Couneilman Fitzpatrick, Couneilman Barnette, Councilman Schneider, Couneilman Hamernik, and Mayor Nee all voted in favor of the motion, and Mayor Nee declared the motion carried � unanimously. APPOINTMENT - APPEALS COMMISSION (TABLED 8/1�/82): Councilman Fitzpatriek nominated Donald Betzold, 5640 East River Road, �105, for appointment to the Appeals Commission and reviewed Mr, Betzold's resume and background, Councilman Schneider stated he had placed Mr. Ron Barrows� name 1n nomination at an earlier meeting to be considered for this appointment. UPON A ROLL CALL VOTE, Councilman Fitzpatrick, Councilman Schneider, Mayor Nee, Councilman Sarnette and Councilman Hamernik all voted in favor of Mr. Setzold for appointment to the Appeals Commission. Mayor �Iee declared the motion earried unanimously. CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING AND RECODIFYING CHAPTER 125 OF THE FRIDLEY CITY CODE ENTITLED "SAUNAS AND MASSAGE PARLORS" SY ADDING� REPEALING OR CHANGING SECTIONS: Mr. Herrick, City Attorney, stated Mr. Newman from his office and the Public Safety Director, Mr. Hill, have been workin$ on this ordinance. Mr. Herrick stated some of the ehanges in the ordinance are patterned � aften things that came out in a lawsuit the City of St. Louis Park had recently. MOTION by Councilman Sehneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING PLANNING CONAfISSION MINUTES OF AUGUST 18. 1482: REZONING REQUEST, ZOA �82-04. BY G. W. PASCHKE. TO REZONE FROM M-t TO C-2, 7941 AND 7981 RANCHER�S ROAD: MOTION by Couneilman Hamernik to set the publie hearing on this rezoning request for October �+, 1982. Seeonded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � L___J COUNCIL MEETING OF SEPTEMBER 1�� 1982 APGE7 ITEMS FROM PARKS AND RECREATION COMMISSION MEETING OF AUGUST �. 1982 .��1 .� MOTION by Councilman Fitzpatrick to instruct the administrataon to bring 6ack a detailed schedule of fees on the coneept proposed. Seconded by Councilman Schneider. � Councilman Barnette stated this was a difficulty the City previously got into regarding recreation fees involving persons living in Fridley, but in another school distriet. The Springbrook Nature Foundation had passed a resolution favoring a fee for non-residents, but opposed to a fee for Fridley residents. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all �oted aye, and Mayor Nee declared the motion carried unanimously. REQUEST BY JOHN & DARLENE ZARAWSKI, 6767 7TH STREET TO BUY � FEET OF TERRACE PARK PROPERTY: Mr. Mark Bureh of the City staff stated this home was rebuilt after the tornado and the property owners wish to get the property lines straight in order to identiFy the exact location of their property. Mayor Nee stated the Parks and Recreation Commission and the Planning Commission have recommended approval of this sale, MOTION by Councilman Hamernik to concur with the recommendations of the Parks and Recreation Commission and Planning Commission to sell three feet of Terrace Park property for $814. Seconded by Councilman Fitzpatriek. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � Mr. Herriek stated this sale would have to comply with the Charter requirements that a finding was made and this was surplus property. Mr, Qureshi, City Manager, stated staff would check into this further in order to comply with the Charter requirement. MOTION by Councilman Schneider to receive the minutes of the Planning Commission Meeting of August 78, 1982. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, RECEIVING CABLE TELEVISION COMMISSION MINUTES OF JULY 22. 1982: RECEIVING ANOKA COUNTY COMA7UNICATIONS WORKSHOP 1983 BUDGET REQUEST � RECEIVING RECOMMENDATION FROM THE CABLE TELEVISION COMMISSION REGARDING 198� BUDGET RE9UEST: L� ��� � „ �, COUNCIL MEETING OF SEPTEMBER 1�. 1982 PAGE 8 Mr. Qureshi, City Manager, stated it would be his recommendation that 2 of the 5 franchise fee be allocated to the Anoka County Communications Workshop. Mr. Mark Seott, Chairman of the ACCW, asked what amount the workshop would receive. Mr. Qureshi stated has reeommendation was for $19,OOD, however, estimated revenue would be about $50,000 and if that is the case, the amount would be $20,000. Mr. Scott stated their 6udget request was for $24,967 so if they received $20,000, the would be about $5>000 short � Mr. Scott stated during 1982, the Workshop raised over $6,000 to pay for all expenses, beyond the operating budget granted by the City, and purehased two color protable video units for community use, put out a regular newsletter, purchased blank tape and small production equipment, and provided class materials. He stated the Workshop is pleased with their accomplishments and has received a lot of national recognition over the last several years. Mr. Scott felt a cut in the operating budget would mean a cut in the forward steps made this past year. He stated, in 1982, a part-time person was hired to handle all the office management duties previously handled by the Coordinator. He stated this has resulted in the Coordinator, Will Loew-Blosser, spending more time in assisting new users in production, doing technical work, and working with the schools. Mr, Qureshi, City Manager, felt if 2 of the franchise fees received from Northern Cablevision were committed to the Workshop, this would resolve what kind of support the city would provide and the Workshop, in turn, woulcl know exactly what pereentage they would be receiving. Mr. Scott stated he liked the adea of knowing what pereentage they would be receiving, however, at this point, the 2 would mean a cut in their services. He stated the Workshop in the past hasn't had everything handed � to them, but felt the next year will be an important one because of the things started in the last six months, Mr, pureshi, City Manager, stated it becomes difficult to try and cut back in other areas and then to see such a drastie inerease in this area. Mayor Nee stated this is the only funetion in the whole operation in Fridley that added personnel. Mr. Scott stated he felt this was a different situation here where they are working with special funds to be used for publie access, and it is not coming from the General Fund. Couneilman Hamernik felt the amount the Workshop receives should be based on 2�+ of the fees receaved by Northern Cablevision. L_ J COUNCIL MEETING OF SEPTEMBER 13,, 1982 PAGE q Councilman Fitzpatrick stated he understands what the City Manager is saying, however, he felt an attempt should be made to come as close as possible to the FTorkshop's request, as this is a unique situataon and the Workshop is well-recognized and doing a good �ob. Mr. Scott stated he understands the City's dilemma, but felt this was a special situation where they have to use the money for access purposes. , Mr. Paul Kaspszak, 1317 Hillcrest Drive, stated before they hired a person part-time, the Coordinator was spending 40 to 50� of his time handling phones and filling out forms, and not getting out to meet the people and assisting people in production and technical work. He stated by the Workshop receiving the extra money, they would, in fact, help the City because the Coordinator wall have more time to expand and develop the City channel. Mayor Nee stated the real problem is the expansion of this activity when everyone else is being asked to cut back. Councilman Fitzpatrick stated it is true they have asked other departments not ta expand their needs or services, but, at the same time, the Council has expressed frustration that the educational television was not developing. He felt if they want the access expanded, it as kind of a eritical year and that the Workshop has demonstrated their need for the budget for this year. Couneilman Barnette stated he was one that initiated witholding funds to organizations they have funded previously. He felt if he approved this increase, it would be inconsistent with actions taken concernin$ other groups and organizataons in the City. Mr. Timm Lovaas, 6631 Jackson Street, stated he felt the public access channel was a reFleetion of the entire community. He stated the Workshop � is going to great lengths to train people in order for them to get their views across on the public access channel. He felt the 5� funds from the franchise fee should be equally split between the ACCW and the City. Mr. Lovaas stated, if this was done, it would meet their budget request. Mr. Paul Kaspszak stated he would like to know where the other 3� of the franehise fee is being used. He stated if the Cable Commission needs it or if the City is going to buy equipment, then he would have a better idea of what is happening. He felt there should be an increase from the 2$ recommended to 2-1/2� of the franehise fee. He felt if the other 1/2� could be used better elsewhere that would 6e fine, but felt the Workshop�s aceomplishments speak for themselves. Couneilman Schneider stated he is not questioning the work of the ACCW, but the problem he has is �ustifying a staff increase for them when they cannot ,7ustify a staff inerease for anyone else. � �� p.� `�� COUNCIL MEETING OF SEPTEMBER 1�. 1982 PAGE 10 MOTION by Councilman Schneider to alocate $20,000 to the Anoka County Communications Workshop from the 5� franchise fee from the Cable Company, with the understanding that is to be adjusted, whenever practical, to represent 2$ of the actual revenues the City receives from the Cable Company. Seconded by Couneilman Hamernik. Upon a voice vote, Councilman Fitzpatrick voting nay, Mayor Nee deelared the motion carried by a�4 to 1 vote. MOTION by Councilman Fitzpatrick to receive the minutes of the Cable Television Commission Meeeting of July 22, 1982. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. RECEIVING CABLE TELEVISION COI�IISSION MINUTES OF AUGUST 19, 1892: MOTION by Councilman Barnette to receive the minutes of the Cable Television Commission Meeting of August 19, 1982. Seconded by Couneilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A REQUEST TO EXTEND A VARIANCE AND LOT SPLIT FOR ONE YEAR SY ROBERT ERICKSONa B. E. CONSTRUCTION. TO REDUCE THE LOT AREAS AND LOT WIDTHS AT 12�9 AND 1241 NORTON AVENUE: MOTION by Couneilman Schneider to grant a one year extension on the variance and lot split as requested by Mr, Erickson in his letter of August 26, 1982• Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 68-1982 DETERMINING THE NECESSITY FOR AND AUTHORIZING THE ACOUISITION OF CERTAIN PROPERTIES THROUGH NEGOTIATIONS (IWEN TERRACE SUBDIVISION - MOORE LAKE (BASFU): Mr. Mark Burch of the City staff stated a price has 6een negotiated to aequire four lots in the Iwen Terrace Subdivision in order to construct the SASFU for Part II of the Moore Lake Restoration Pro�eet . Mr, Bureh stated the consultant feels there are sufficient funds in Phase I of the pro�eet to pay for the acquisition of this property, MOTION by Couneilman Schneider to adopt Resolution No, 68-1q82. Seconded by Couneilman Fitzpatrick. Councilman Hamernak questioned the funding for this acquisition. Mr. Qureshi, City Manager, stated it is part of Phase I construction, some monies are committed in the General Fund, and a pending storm sewer assessment in one area that would raise monies to pay this cost, UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 69-1982 AUTHORIZING ACCEPTANCE OF SUBSTATE AGREEMENT AND STATE GRANT AGREEMENT (MOORE LAKE PHASE II): Mr. Qureshi, City Manager, stated this resolution is for Phase II of the � � ""1 � _ J � � � COUNCIL MEETING OF SEPTEMBER 1�. 1982 PAGE 11 Moore Lake Restoration Project and would provide a blanket on the east basin of Moore Lake. Mr. Qureshi stated the only funding the City will receive is 50� from the Federal government and pointed out there would not be a 25� match from the State. Mr, Qureshi stated if Ehe City chooses to proceed with Phase II, the City commitment would be 5�� of the cost or $278,297. He stated funding for the project could be obtained by uaing the tax increment district or the entire drainage district could be assessed for a total amount or some combination of the two, Councilman Hamernik stated he has a problem with the amount of Funds needed which is a third of a million dollars, Couneilman Schneider stated if there is a development in the future, then the tax increment could support a major portion of this cost, He felt the key point, even though it is a lot of money, the City is receiving 50� of the cost and didn't know if this opportunity would ever come around again. He felt if it really improves the lake and there is some development along Moare Lake, it is a good investment. Councilman Barnette felt the Couneil made a commitment and it is a gamble, but they should invest the money to restore Moore Lake. Couneilman Fitzpatrick stated he shared Councilman Barnette's feeling in that they have begun the project and committed themselves to it. Councilman Hamernik felt the Council had committed themselves to various phases and all phases would yield different results, but he didn't feel they were committed to anything past a certain phase. Mayor Nee felt if they stopped at the end of Phase I, there would be soc�e benefit, but an investment in that area could be the amenity for development and important for everyone in the City. Councilman Hamernik stated he had his doubts if it was really cost- effeetive, and this is an extremely large sum of money, and questioned if it will really be beneficial. He also felt if they are contributing funds to Moore Lake, there are other bodies of water that need attention, He stated he has a problem with giving attention to one and not another, and if there was an overall plan, he may be more agreeable to it. MOTION by Councilman Schneider to adopt Resolution No. 69-1982. Seconded by Councilman Barnette. Upon a roll call vote, Couneilman Schneider, Concilman Barnette, Councilman Fitzpatrick, and Mayor Nee voted in favor of the motion. Concilman Hamernik voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. It was the concensus of the Couneil that the City's portion for the cost of this projeet should come from the tax increment district. ;�'�a � � � n COUNCIL MEETING OF SEPTEMBER 13. 1982 PAGE 12 RESOLUTION N0. 70-1982 ORDERING IMPROVEMENT AND APPROVAL OF PLANS AND ORDERING ADVERTISING FOR BIDS: MOORE LAKE STORM SEWER PROJECT N0. 1�7: MOTION by Councilman Sehne�der to adopt Resolution No. 70-1982• Seconded by Councimlan Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 71-1982 AUTHORIZING THE ADMINISTRATION TO APPLY FOR THE ACQUISITION OF RIVERVIEW HEIGHTS PARK: � Mr. �ureshi, City Manager, stated this resolution is to obtain State participation in acquisition of property for development of a park in the Riverview Heights area. He stated there is an indication that funding would be available to cover 50� of the cost, with the City providing the other 50� or $67,772. Mr. �ureshi stated this pro�eet has been considered in the past and there is a possibility that block grant monies could be used to cover the City's share. He stated a determination would have to be made on what properties would be acquired. He further stated the City has almost 80$ of the property in this area, and the adoption of the resolution would move to acquiring additional property. MOTION by Councilman Barnette to adopt Resolution No, 71-1982. Seconded 6y Couneilman Fitzpatrick, Upon a voiee vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mrs. Belisle, 7801 Apex Lane, appeared before the Council regarding the acquisition of property for the proposed park, She questioned when this would be done and if she would have to move this winter. Mr. Qureshi, City Manager, stated the City would contact her to see what arrangements could be worked out regarding her property, however, he assured her she would not have to move this winter. He stated this is a � long process and the City would contaet her regarding her needs and try to come up with a mutually aceeptable agreement. RESOLUTION N0. 7�-1982 ENTERING INTO AGREEMENT WITH STATE OF MINNESOTA TO IMPROVE THE TRAFFIC SIGNAL AT HIGHWAY �65 AND OSBORNE ROAD: MOTION by Couneilman Sehneider to adopt Resolution No, 74-1982. Seeonded by Councilman Hamernik, Upon a voiee vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 75-1982 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR 1982 SERVICE CONNECTIONS: MOTION by Councilman Schneider to adopt Resolution No, 75-1982• Seconded by Couneilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion earried unanimously. � � � � CDUNCIL MEETING OF SEPTEMBER 14� 1982 PAGE 1� RESOLUTION N0. 76-1982 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR THE 1982 SERVICE CONNECTIONS: MOTION by Councilman Schneider to adopt Aesolution P3o. 76-1982. Seconded by Counca.lman Hamernik. Upon a voiee vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 77-1982 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR TREATMENT AND REMOVAL OF TREES (1982): MOTION by Councilman Barnette to adopt Resolution No, 77-198z• Secondeo by Couneilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 78-1982 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR TREATMENT AND REMOVAL OF TREES (1982): MOTIOPI by Councilman Fitzpatrick to adopt Resolution No. 78-198z• Secondea by Counc�lman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 79-�982 AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON LOTS 10 AND 11. BLOCK 4, LOWELL ADDITION. AND REPLATING INTO CONDOMINIUM N0. 9: MOTION by Councilman Fizpatriek to adopt Resolution No. 79-tg82. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RES�LUTION N0. 80-1982 AUTHORIZING AND DIftECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOTS 1 THROUGH 5 AND LOT 12. BLOCK 2. PACO INDUSTRIAL PARK: MOTION by Couneilman Hamennik to adopt Resolution N0. 80-1982. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPOINTMENT - CITY EMPLOYEE: MOTION by Counelman Schneider ta concur with the following appointment by the City Manager: NAME Stephen E. Miller Route �2, Box 23 Monticello, MN 55362 POSITION Police Officer Police Dept. SALARY $1365 per month STARTING DATE September 27, Replacement 1982 Seconded by Councilman Hamernik. Upon a voice vote, all votang aye, Mayor Nee declared the motion carried unanimously. �G �'7 } � � COUNCIL MEETING OF SEPTEMBER 1�. 1982 CLAIMS• P E MOTION by Councilman Schneider to authorize payment of Claims No. 22kF22 through 253504. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: MOTION by Couneilman Barnette to approve the licenses 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, ESTIMATES: MDTION by Couneilman Fitzpatrick to approve the estimates as submitted. Herrick & Newman, P.A. 6279 University Avenue NE Fridley, MN 5543z For legal services rendered as City Attorney for the month of August, 1982 Smith, Juster, Feikema, Malmon & Haskvitz 1250 Builders Exchange Building Piinneapolis, MN 55�402 For legal services rendered as City Prosecutor for the month of July, 1982 C. S. MeCrossan, Ine, P. 0. Box A,D. Osseo, MN 55369 Change Order No. t- Street Improvement Pro,7eet 198Z-2 fialvorson Construction Co. 4227 165th Avenue N.E. Wyoming, MN 55092 Yartial Estimate !l3 1982 Misc. Concrete Curb & Gutter Pro�ect E. A. Hiekok & Associates, Inc. 545 Indian Mound Wayzaia, MN 55391 Professional Services - July, 1982 Moore Lake Restoration Pro�ect Allied Blacktop Company, Inc. 10503 89th Avenue North Maple Grove, MN 55369 FINAL ESTIMATE No. 1 $ 4,319.66 $ 4,999.50 $72,496.00 $ 3,709.00 $ 1>873•38 $60,564.66 � � � � � �1 �_ _� COUNCIL MEETING OF SEPTEMBER 1�. 1982 PAGE 15 Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING PETITION 66-1982 FROM HENRY KOESTER. b141 5TH STREET IN OPPOSITION TO HEAVY TRUCK TRAFFIC ON 5TH STREET FROM 61ST AVENUE TO 63RD VA ENUE: Councilman Barnette stated this petation he received coneerned the truck traffic on 5�h Street and the persons signing the petition had encouraged the truck traffic to use the service road, rather than 5th Street. Couneilman Barnette stated 6y the time the petition was received, the City staff had already taken action, and Mr. Koester was eontacted to let him know what was done to correct this situation. MOTION by Councilman Schneider to reoeive petition �k6-1982 submitted by Mr. Henry Koester. Seconded by Councilman Hamernik, Upon a voice vote, all votang aye, Mayor Nee declared the motion carried unammously. �JOURNMENT: MOTION by Councilman Barnette to ad,7ourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, a11 voting aye, Mayor Nee declared the motxon carried unanimously and the Regular Meeting of the Fridley City Couneil of September 13, 1982 adjourned at 10:30 p, m. Respectfully submitted, � �%�� �� �-��.��-�� Carole Haddad Secretary to the City Councal Approved: September 27,1982 � �� � , ,, '1.'`L�C-�_ ��� � � � William'� . Nee Mayor lJJ n� � �d `, � ��1 5 1 � ,1 1