05/02/1983 - 00012598�
'
�
iHE MINUTES QF THE REGULAR MEETING OF THE FRIDL Y GITY COUNCI OF
MAY 2. 198�
The Regular Meeting of the Fridley City Council convened, aiter the
Council met as the Board of Review, and Mayor Nee called the meeting to
order at 9:2o p. m.
ROLL CALL:
MEMBERS PRESENT:
D7EMBERS ABSENT
PROCLAMATION:
Mayor Nee, Councilman Barnette, Couneilman
Schneider, Councilman Hamernik, and Councilman
Fitzpatrick
None
]IESERAN'S BUDDY POPPY DAY — MAY 20. 1983:
Mayor Nee stated he has issued a proclamation designating May 20, 1983 as
Veteran's Buddy Poppy Day.
ADOPTION OF AGENDA:
MOTION by Councilman Barnette to adopt the agenda as
by Councilman Fitzpatriek. Upon a voice vote, all
declared the motion carried unanimously.
OPEN FORUM, VISITORS:
presented. Seconded
voting aye, Mayor Nee
Mr. Chris Jelevarov appeared before the Couneil regarding the assessment
he received on property at 6471 Riverview Terrace.
Mr. Jelevarov stated he understood when he purehased this property that
all assessments were paid for the sewer and watar which was put in 15 or
20 years ago, however, he has now received a eharge for the improvenent.
Mr. Inman, Caty Clerk, stated the assessment to which Mr. Jelevarov is
referring is for sewer and water connections in the amaunt of $447.39, and
not for the laterals. He stated any benefiting property ihat connects to
the services pays a proportionate share, with interest, from the time the
improvement was constructed for the connection. He stated the $447.39
charge is for the water and sewer conneetions including a 6� xnterest
charge per year for 17 years.
Mr. Jelevarov stated he has paid for the new line on Mississippi Place,
but shouldn't have to pay for the amprovement that was put in over 15
years ago.
t9r. Herrick, City Attorney, stated the question is whether the property
was assessed when the lines were constructed.
Mr. Inman stated the properties were assessed for laterals, but not for
services as the property wasn't developed at the time. He stated a 1958
ordinance allows the City to assess the connections to those pepole who
choose to connect to the existing stubs.
�
��,
:�, ��
COUNCIL MEETING OF MAY 2. 1983 PAGE 2
Councilman garnette stated Mr. Jelevarov conneeted to the sewer and water
on Mississippi Place and paid for this and questioned why the difference
on Riverview Terrace,
Mr. Jelevarov stated the assessment on Riverview Terrace should have been
paid when the improvement was installed.
Couneilman Barnette stated he is only 6eing charged for the connection,
and not the laterals,
Mr. Inman stated the connecting stubs were put in to allow the property to
develop, but connections were not paid until the property was developed.
Mayor Nee felt what Mr. Jelevarov is requesting is a waiver of the
assessment fee and felt this information should be submitted in writing to
the Council, and come before them as an agenda item.
Mr. Elliot Grater, 658 9th Avenue North, Minneapolis, appeared before the
Council regarding a permit for a flea market at the Columbia Arena parking
lot.
Mr. Grater stated he would like to conduct an organized flea market at the
Columbia Arena parking lot and has a license agreement with Anoka County,
however, there was confusion as to what permits were needed.
Mr, Grater stated he wasn't aware he needed a permit from the City and i
now submitting a request in order to conduet the flea market. Mr. Grater
stated he has advertised the flea market extensively and a lot of people
have registered as sellers. He stated the flea market would run from May
14 through September 25, 1983.
Mayor Nee stated the problem is this property isn't zoned for that use and
also that any open air sales require a special use permit. He stated the
processes in order to allow this flea market would involve publxc
hearings.
Mr. Herriek, City Attorney, stated, in looking at the ordinance that
applies to public properties, he questions whether this is a use that is
permitted under the zoning. He stated, if this is the case, there is a
law to the effect that you cannot get a varianee for a non-permitted use.
Mr. Herriek stated he didn�t feel there is any way a permit could be
xssued, except by amending the ordananee to change that provision.
Councilman Barnette stated he has some sympathy for Mr. Grater's position,
but asked how it came to this point withoui the City getting involved.
Mr, Herriek stated when he talked to the County he was advised that Mr.
Grater was told it was up to him to get all the necessary permits and
there was discussion with him that it was his responsibility. He stated
he understands there is a provision in Mr. Grater's agreement with the
County that he is responsible to get all the required permits.
Mr. Grater stated the agreement doesn�t say the flea market is contingent
on City approval, but there is a clause that he secure all the permits at
his expense.
Mr. Grater stated he is out $6,000 with his credibility and future
business threatened and didn't know how the County could sign the license
when they don't have the authoraty.
��
C�
�
�OUNCTL. MEETING OF MAV 198� PAGE 3
It was the consensus oF the Council that they syu�pathized with Mr.
Grater's problem, but that this was not permitted under the City Code.
Mrs, Sharon Gustafson, Chaarperson to the Human Services Soard of St.
Philip�s Church, appeared before the Council regarding their application
to HUD for funding for an elderly and handicapped housing pro,7eet.
Mrs. Gustafson requested the Council cansider allocation of Community
Development Block Grant funds, if their application was approved.
� Mayor Nee asked if they knew their costs for the pro,7eet.
Ms, Judy Lee, advisor to the Human Services Board of St. Philip's, stated
the costs depend on the purchase price of the land and the amount of soil
correetion for the property. She stated an estimate would be they would
need about $80,500, however, that is an educated guess.
Ms. Lee stated they would like a commitment form the Council that up to
$100,p00 of CDBG funds would be provided.
Mayor Nee questioned if a commitment of $80,500 would accomplish the same
thing. Ms. Lee stated they would need a letter by June 30 indicating the
Council agreed to commit $80,500 of CDBG funds for this pro,7eet, in order
to submit it with their application to HUD.
All the Council members indicated they are in favor of this pro,7ect and
would be supportive of it.
Mayor Nee suggested staff be contacted and to work with the administration
in drafting a letter to be submitted with their applicataon.
OLD BUSINESS:
RECEIVING MINIITES OF THE PLANNING CO[•II�IISSION MEETING OF APRIL 2$. 198"�:
� AND
TABLED ITEM FROM APPEALS COt°II°]ISSION MINUTES OF FEBRUARY 15. 198�
(RETURNED TO PLANNING CONAIISSION) TO INCREASE THE HEIGHT OF A FENCE FROM
7 FEET TO 10 FEET b850 SIVERTS LANE. ING SIVERTS:
MOTION by Councilman Schneider to table this item to the next meeting at
the request of the petitioner. Seconded by Councilman Barnette. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
MOTION by Councilman Schneider to receive the minutes of the Planning
Commission Meeting of April 28, 1983• Seconded by Couneilman Hamernik.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
ORDINANCE N0. 775 ADOPTING A NEW CHAPTER 205 AND REP�ALING OLD CHAPTER
205. ENTITLE➢ "ZONING" (FIRST READING 12/6/82):
Mr. Qureshi, City Manager, stated the changes were incorporated as
discussed at the Conference Meeting and shown in the April 29 draft of the
Zoning Code.
�
k �+' ��
�� ��q
u
COUNCIL MEETING OF MAY 2. 198�
�
MOTION by Councilman Schneider to waive the second reading of Ordinance
No. 775 and adopt it on the second reading and order publication. Seconded
by Councilman Hamernik.
MOTION by Councilman Hamernik to add 1-1/2 aeres on page 205-98, Section
205•173 - 1(Lot Area). Seconded by Councilman Sehneider. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Hamernik to delete the words ^before January 1, 1983"
on page 2D5-100, Section 2D5.175 - 3E and 3F. Seconded by Councilman
Fitzpatrick. Upon a voiee vote, aZl votxng aye, Mayor Nee declared the
motion carried unanimously.
UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, Mayor Nee
deelared the motion earried unammously.
CONSIDERATION OF APPOINTMENT TO THE ENERGY COMMISSION (TABLED 4/18/83):
MOTION by Councilman Sarnette to table this appointment to the Energy
Commission. Seconded by Councilman Schneider. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
RECEIVING CHARTER COMMISSION MINUTES OF MARCH 17, 198� AND SETTING PUBLIC
HEARING FOR JUNE 6. 1983 ON ORDINANCE AMENDING THE CITY CHARTER OF THE
CITY OF FRIDLEY•
MOTION by Councilman Hamernik to receive the minutes of the Charter
Commission Meeting of March 17, 1983• Seconded by Councilman Schneider.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
MOTION by Councilman Schneider to set a public hearing for June 6, 1983 on
the ordinance amending the City Charter of the City. Seconded by
Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanamously.
RECEIVING BIDS AND AWARDING CONTRACT FOR FRIDLEY CO[•AfUNITY PLAZA SI�
CONTRACT (OPENED 4/26/8R):
AND
CONSIDERATION OF CHANGE ORDER N0. 1 FOR THE CO[�AIUNITY PLAZA SIGN CONTRACT
WITH NOR➢QUIST SIGN COMPANY:
Mr. Flora, Publie Works Director, stated two bids were received and the
low bidder was Nordquist Sign Company.
MOTION by Councilman Schneider to receive the bids,
Planholder
Nordquist Sign Co., Ine
312 West Lake Street
Minneapolis, MN 55408
Lawrence Si;;ns, Ine.
945 Pierce Butler Route
St. Paul, MN 55104
.
:. �
5�
5�
Base
Sid
$20,630.00
$25,913.00
Alternate �1
$17,750.00
$18,765.00
�J
�
�
COUNCIL MEETrNG OF MAY 2. 198� PAGE 5
Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
MOTION by Councilman Fitzpatrick to find that Nordquist Sign Company is
the low bidder and award the contract to them for the hase bid and
alternate �k1 in the amount of $32,380. Seconded by Couneilman Hamernik.
IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
MOTION by Councilman Barnette to approve Change Order No. 1 to reduce the
� total Fridley Community Plaza Sign Contract with Nordquist Sign Company
from the original $32,380 to $21,480. Seconded by Councilman Fitzpatrick.
Upon a voice vote, all voting aye, Mayor Nee declared the mota.on carried
unanimously.
CONSIDERATION OF EXECUTING AMENDMENT N0. 1 TO CONTRACT WITH HICKOK AND
ASSOCIATES (MOORE LAKE RESTORATION PROJECT) FOR ENGINEERING WORK
ASSOCIATED WITH PHASE II:
Mr. Qureshi, City Manager, stated this is the execution of the agreement
with Hickok and Associates for Phase II For the sand blanket on the East
side of Moore Lake. He stated 50� of the cost has to be provided by the
City or the HRA, or a combination of both contributing, to pay for Phase
II of the Moore Lake Restoration Pro,7ect. He stated the Council has
indicated they hoped to get funds from the tax inerement district or by
some assessment on drainage to make up the match for this pro�ect.
Mr. Flora, Public Works Director, stated this agreement is between Hickok
and Associates and the City to do Ertgineering and water study and analysis
of Moore Lake.
He stated the original agreement was for 26-1/2� of the Phase I amount,
and this amendment adds $94,830 or 17$ of the Phase II amount. He stated
this $94,830 is included in the total Phase II amount of $556,800, and
covers engineering, water and biological testing, an post-operative
� reports and evaluations.
MOTION by Couneilman Schneider to authorize the Mayor and City Manager to
executive Amendment No. 1 with Hickok and Associates. Seconded Uy
Councilman Fitzpatriek.
Councilman Hamernik stated, to date, the tax increment district hasn't
generated any funds and the Council would have to come up with their share
this year.
Mr, Qureshi, City Manager, stated this could temporarily be financed
internally with the funds eventually eoming out of the tax increment
district. He stated it is hoped they can foster some development in this
area to create a good potential for the tax increment district.
UPON A VOICE VOTE TAKEN ON THE ABOVE �90TION, Councilman Schneider,
Councilman Fitzpatriek, Councilman Barnette, and Mayor Nee voted in favor
of the motion. Couneilman Hamernik voted against the motion. Mayor (Vee
declared the motion carried by a 4 to 1 vote.
�
! ���°+
� �
� ���� J
COUNCIL MEETING OF MAY 2. 198�
A E
RESOLUTION N0. 40-1983 APPROVING THE USE OF A GENERAL RESERVE BOND FUND
SYSTEM: HOUSING� COMMERCIAL AND INDUSTRIAL PROGRAMS: AND A CO[•II�IERCIAL
BUILDING REHABILITATION LOAN PROGRAM:
MOTION by Councilman Barnette to adopt Resolution No, 40-7983• Seconded
by Councilman Hamernik.
Couneilman Hamernik asked if there was anything specific in mind where
commereial building rehabilitation might apply. Mr. Qureshi stated, for
instance, shopping center owners may apply for a eommercial rehabilitation
loan and, if the Council chooses, they could make this available. �
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee
declared the motion carried unanimously.
RESOLUTION N0. 41-198� RATIFYING THE CALL FOR A PUBLIC HEARING BY THE
CITY MANAGER ON A PROPOSAL TO UNDERTAKE AND FINANCE AN INDUSTRIAL
DEVELOPMENT PROJECT (ELO ENGINEERING. INC.1:
MOTION by Councilman Hamernik to adopt Resolution No. 41-7983 and set the
public hearing for May 16, 1983• Seconded by Councilman Fitzpatriek. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
RESOLUTION N0. 42-1983 DIRECTING THE PREPARATION OF ASSESSMENT ROLL FOR
WATER. SANITARY SEWER. ARD STORM SEWER IMPROVEMENT PROJECT N0. 1�4:
MOTION by Councilman Fitzpatrick to adopt Resolution No. 42-1983• Seconded
by Councilman Sarnette. Upon a voice vote, all voting aye, Mayor Nee
deelared the motion carried unanimously.
RESOLUTION N0. 4�-198� DIRECTING PUBLICATION OF HEARING ON PROPOSED
ASSESSMENT ROLL FOR WATER. SANITARY SEWER. AND STORM SEWER IMPROVEMENT
PROJECT N0. 1�4:
MOTION by Councilman Schneider to adopt Resolution No. 43-1983, and set �
the public hearing for June 6, 1983• Seconded by Councilman Fitzpatrick.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
RESOLUTION N0. 44-1983 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR
WATER AND SANITARY SEWER IMPROVEMENT PROJECT N0. 136:
MDTION by Couneilman Hamernik to adopt Resolution No, 4U-1983. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
RESOLUTION N0. 45-148'� DIRECTING PUBLICATION OF HEARING ON PROPOSED
ASSESSMENT ROLL FOR WATER AND SANTTARY SEWER IMPROVMENT PROJECT N0. 136:
MOTION by Councilman Sehneider to adopt Resolution No. 45-1983, and set
the publie hearing for June 6, 1983. Seconded by Councilman Barnette.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
�
�
�
�
COUNCIL MEETING OF MAY 2. 198�
!�'S_H_4�/�
RESOLUTION NO 46-198� DIRECTING PREPARATION OF ASSESSMENT ROLL FOR
STREET IMPROVEMENT PROJECT ST. 1982-1 AND 2:
MOTION by Councilman Schneider to adopt Resolution No. 46-1983• Seconded
by Councilman Hamernik. Upon a voiee vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
RESOLUTION N0. 47-198� DIRECTING PUBLICATION OF HEARING ON PROPOSED
ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT ST, 1982-1 AND 2:
MOTION by Councilman Fitzpatriek to adopt Resolution No. 47-1983, and set
the public hearing for June 6, 1983• Seconded by Councilman Hamernik.
MOTION by Councilman Barnette to amend the above resolution by adding
Starlite Circle under ST 1982-7• Seconded by Councilman Schenider. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee
declared the motion carried unanimously.
CLAIMS:
MOTION by Councilman Schneider to authorize payment of Claims No. 091A30
through 119F22. Seconded by Couneilman Sarnette. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
LICENSES:
MOTION by Councilman Barnette to approve the licenses as submitted and as
on file in the License Clerk's Office. Seconded by Councilman Hamernik,
Upon a voice vote, all voting aye, Mayor Nee declared the motion earried
unanimously.
ESTIMATES:
MOTION by Councilman Fitzpatrick to approve the estimates as submitted.
Electric Service Company
1609 Chicago Avenue
Minneapolis, MN 55404
Estimate No. 1
Community Park Sports Lighting Pro,7ect
Noble Nursery, Inc.
8659 Central Avenue N.E.
Blaine, Mn 5543�
Estimate No.1
Center City Plaza Landseaping Pro�eet
$124,866.7k
$ 6,59z.81
� ���a�
� � ,+'�
��
COUNCIL MEETING OF MAY 2. 198�
(BIDS CONTINUED)
Hardrives, Inc.
Suite 216
3030 Harbor Lane
Minneapolis, MN 55�141
Estimate No. 1
Street Improvement Project ST.1983-t
Street Improvement Pro�ect ST.1983-2
Keys Well Drilling Company
413 North Lexington Parkway
St. Paul, MN 55104
Final Estimate
Repair Well No. 7
��l
$ 11,847.75
$ 11,903•31
$ 4,225.25
Seconded by Councilman Schneider. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously.
ADJOURNMENT:
�
MOTION by Councilman Schneider to ad�ourn the meeting. Seconded by
Councilman Barnette, Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously and the Regular Meeting of the
Fridley City Council of May 2, 1983 ad,7ourned at 11 p. m.
Respectfully submitted, p „�� ` /
i y
�� l�/� / �� �� �t�%
y��.c,.-(.,�= lc�-cL�4.e-.�L- --
Carole Haddad Williafi� J. Nee
Seeretary to the City Couneil Mayor
Approved: May 16. 19ft3
�
�