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07/11/1983 - 00012547i�� `�'F3E MTNC�'F'S OF THE iZ�n�R ODU�'TL MEETING OF TEIE FRIDLEY GITY ODUNCIL• OF .nR.Y 11, 1983 'I'he Regular Meetzng of the Fridley City Council was called to order at 7:40 p. m, by Mayor Nee. PL�E�GE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag, ROLL CALI,• MEMBERS PRE:ENT: Mayor P7ee, Councilman Barnette, Councilman Schneider, Councilman Hamernik and Councilm�n Fitzp3trick a �: �� . - CERTIFICATE OF APPRECIATION: ,�� Y u � �I �IC ��ul� •+ Mayor Nee stated r9r. Tessmer was unable to attend the meeting this evening ta receive this certificate of appreciation for his services as a member of the Energy Coirnnission and, therefore, requested this be forwarded to him. . ...�� • • u y� �� i�. 1 iu � • : � MOTION by Councilman Fztzpatrick to approve the minutes as Seconded by Councilman Schneider. Upon a voice vote, all Mayor Nee declared the motion carried unanimously. ��• � • � u� presented. voting aye, Mayor Nee requested an item be added concexning a petition from the FYSA regarding a temporary permit. MOTION by Councilman Schneider to adopt the agenda with the above addition. Seconded by Councilman Sarnette. Upon a voice vote, all voting aye, Mayor D7ee declared the motion carried unanimously. OPEN FORUM. VISIT�RS: '�J'- iF�C�yh�:�14i�� Ms. Mary Martin, 133 Stonybrook Way, appeared before the Council regarding public hearing notification. She stated the reason she is bringing this to the Council's attentior_ is because when East River Road intervens, it takes up a lot of footage, therefore, not many people in her area were notified af a public hearing. Mayor Nee asked if streets were figured in the distances for purposes of public hearing notifications. Mr. Flora stated the footage of the streets is not taken into consideration. CJ � � ; <� ri I COUNCIL MEETING OF JULY 11, 1983 PAGE 2 Council� Fitzpatrick stated sometimes 500 feet from a certain point involves a lot of people, howevex, in the case which Ms. Maxtin is referrYng, if you take into consideration the width of East River Road in figuring the 500 feet, not too many people are involved in the notification. Mayor Nee requested a report from the staff an what might be done in these particular cases. 91: :. ` � l._. 'c_�+ ,� �� _�, �._ _�i _ •i i i 1 i '�: M � f• •,I L�.ey ' • � _�1� _\ _ '.1 •�� • •' � �l ��I��iV_l a._ \. _ _ MOTION by Councilman Schneider to waive the reading of the public hearin9 notice and open the public hearing. Seconded by Councilman Barn�tte. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimous7y and the public hearing opened at 7:45 p.m. Mr, Flora stated the property involved in this rezomng request is in the northeast corner of Highway 65 and Mississippi Street. He stated it is proposed to rezone this area from R-1 to R-3 for a condominium development. Mr. Flora stated the rezoning was presented to the Planning Coirntussion and there was a considerable amount of negative comment received fron residents in the area, and the Commission recommended denial of the rezoning request. Councilman Schneider asked what is the total area of the proposed rezoning, or how many szngle family homes could be located on this property. Mr. Flora stated there is space for three sinqle family homes to be constructed on the property. � Mr, Mark Haggerty, attorney representing the developer, Mr, Erickson, stated there were a number of letters and items presented at the Planning Coirnnission meetYng which he did not attend, and in reviewing the minutes of the Conunission he noted a few items. Mr. Haggerty stated in regard to the traffic congestion, it was requested an investiqation be made on what the County may do at this intersection. �, u Mr. Floxa, Public Works Director, stated the County does have plans to improve the intersection of Mississippi Street and Highway 65 by adding the right turn lanes on Mississippi Street, Mr. Haggerty stated there have been many requests in the g3st for proposed uses of this property, He further stated the staff recommendation regarding the traffic and access was in contradiciton to what the neighborhood wanted and the access proposed to Mzssissippi Street was to satisfy the residents in the area. He explained the configuration oE the buildings could be changed so there would be less traffic on Lucia Lane. Mr. Haggerty asked aYxaut the adequacy of the sewer line. Mr. Flora stated there is adequate capacity and this development would probably actually help the sewer line. �I �} � �� l '� � � 1�_ �i Mr. Haggerty stated in condominium development, there is a homeowner's association and that FHA and VA have very stringent requirements which must be met. Mr. Haggerty stated it is proposed that although this area is zoned sinqle family, it doesn't lend itseif to single family development and that it be allowed to develop into quasi-single family in order to meet the needs for some lower income housing in the City. Councilman Schneider stated he felt * one of the key points was the density which was not discussed by Mr. Haggerty. Mr. Haggerty stated they have 14 units and believed there is a total of � 58,000 square feet gross area and this comes within the density requirements of duplex housing in the City. Mr. Haggerty stated they want to be sensitive to the needs of the residents of the * area and try to accomodate their concerns, as well as the staff's concerns regarding traffic, and to have input from the Council. He requestea, therefore, for this heari.ng to be continued to the next meeting to give his client an opportunity to talk to the neighborhood residents and try to come up with a reasonable solution for development of this property, Councilman Schneider stated, prior to the public hearing before the Plantu.ng Coimnisison, he had told Mr. Erickson this was one of the most creative developments * he had seen for this �rcel, but had recommended * Mr, Erickson meet with the residents of the area before this item went to the Planning Commission. Councilman Schneider stated he had also told Mr. Erickson he would not approve the developments at the present density. Mr. Haggerty stated Mr. Johnson, the owner of the property, has talked to the residents, however, because of the configurations of the property, rezoning proposals have been denied. He stated the reason he is asking for a continuance is to get input from other Council members and then go to the residents and try to come up with a package that would be aqreeable � to. Mr. Russell Burris, 1150 Mississippi Street, submitted a written proposal c7ated June 10, 1983 on what the residents would like for this area. This was read in full by Mayor I3ee and stated the homeowners in the area want the property to be built as R-1 or single family homes as the property was purchased as R-1 property and should be developed accordingly. Mr. Clarence Timo, 6517 Lucia Lane, stated he presented a list of ob�ections to the Plamm�g Co�mussion. Mayor Nee stated the Council has the coimnents submitted to the Planning Co�ussion which was made a part of their proceedings. Mr. Timo stated he would agree with Mr. Burris' co�nents that the property was zoned R-1; the buyer bought it as R-1; and it should be developed as R-1. He stated, in urban planning, property should be developed in accordance with the surrounding neighborhood and this spot rezoning isn't com�tible with the R-1 zoning in their area. *Corrections made at the Council meeting of July 25, 1983. �� , ��- C0INCIL MEETING OF �ULY 11. 1983 �AGE 4 Mr. Timo asked the Council to consider his comments submitted at the Planmng Conunission meeting and deny this rezoning request. Mrs. Bystram, 6533 Lucia Lane, stated ae sk�e looks at this situation indeed something will be done on this property in the iuture. She stated she is certainly willing to talk and felt something should be done in terms of what is reasonable as far as traffxc. Mr. Bystram, 6533 Lucia Lane, stated he wasn`t involved in the discussion at the Planning Com¢nission meeting for this rezomng, but was present at a � hearing several years ago. He stated, as a person who has no experience in developmental activity, he would be at a distinct disadvantage if he was involved in a discussion without the kind of resource they need for a qualified 7udgment. He felt if he had trust in the people involved in the negotiations, he could benefit from discussians and there probably should be some staff input. Mr. Bystram felt the intersection at Mississippi and Lucia Lane is a problem, particularly in the winter because of the slight incline. Mayor Nee stated the problem involving staft- in such discussions is that it may pre�udice their objectivity. Mr. Haggerty stated they are to the point now where you are as close as you can get to single family residential usage. He stated both Mr. Johnson and Mr. Erickson want to work with the neighbors and be honest about what they are trying to do and to also accommodate the recommendations of the staff and construct a nice development that will work with the neighborhood. He stated he would act as an arbitrator in trying to work out something that is mutually acceptable. Councilman Schneider stated HIS. Schnabel at the Planning Commission meeting had asked Mr, Erickson if he would consider reducing the number of units and he indicated he would not. He further stated, although the traffic and sewer capacity have to be conszdered, he felt two crucial issues were the quality of the housing and the density, � Mr. Haqgerty stated he felt anything �s possible, however, whether it is probable or not, they would have to look into this further. He stated they are willing to be flexible or else he woudn`t be here, but, on the other hand, there are some elements in the neighborhood that are inflexible and hopes to bridge this gap of inflexibility. Mr. Burris stated it is not feasible to put 14 um ts on this site. He stated he now has to back into his driveway in order to be able to get out on the street. Mr. Burris felt it would be tragic to have the access directly on to Mississippi Street and that three or four homes are the maximum that could 6e built on this site. Mr. Burris stated the developer knows what the residents want for hls property and yet they are still trying to force this proposal. Councilman Schneider explained, under the normal rules of procedure, the Council wouldn't take action on this rezoning this evening as it is customary to hold the public hearing and take action at the next Council meeting. � J iL' � [��"Ifari • 1J Mr. David Dayton, 6435 Highway 65, stated if he rezoning was approved, the could co� in with any project they wanted and this xs the reason they want it to remain as R-1. Mr. Herrick, City Attorney, felt there are some steps which can be taken to protect the residents to assure a certain development wou.Zd be constructed. Mayor Nee pointed out that what the Council is now considering is the rezoning issue, and not approval of the proposed pro�ect. Mrs. Haedtke, 6540 Lucia Lane, felt 14 units was too many for this � property and didn't feel the additional traffic could be handled. Councilman Barnette stated he kno�vs everyone's feelings, but the biggest problem with this property for R-1 development is the location as he didn't feel sorneone would buxld a$100,000 home on this corner. Councilman Fitzpatrick stated the consideration is if the property should be R-1 or P.-3 and how this fits into the total development picture. Councilman i�amernik stated he felt the density is a primary concern, but felt any dialogue between the developer and residents would have some value. He felt those lots today are not ideal single family sites. Councilman Schneider stated the density is the key issue in his mind and it would be his intentian, if an agre�nent is reached with the residents, the rezoning would be granted for a specific pro�ect. MOTION by Councilman Schneider to continue this public hearing to the next Council meeting on July 25, 1983. Seconded by Councilman Barnette. Mayor Pdee stated he didn't think a case has been made to rezone property beyond the client's interest, He felt is hasn't been shown that it is in the best of interests of the neighborhood and community. UFON A VOICE VOTE TAKEN ON THE 11BOVE MOTION, all voted aye, and Mayor Nee � declared the motion carried unanimously. • •� •� • �_ •� ,� [' �I• 1 1 • � �, __ULV?�:sl� ' n [' ,� e MOTION by Councilman Barnette to waive the reading of the public hearing notice and open the publzc hearing. Seconded by CounciZman Schneider. Upon a voice vote, all voting aye, Mayor I3ee declared the motion carried unanimously and the public hearing opened at 8:40 p. m. Mr. Flora, Public Works Director, stated this request is to vacate 130 feet on 54th Avenue west of 4th Street between 12 and 13 and the request is made by the two property oamers on either side. Mr. Flora stated one of the property avners wishes to construct a driveway and garage on the vacated portion of 54th Avenue, which is also the easement required by the City. Nir. Flora stated, if the vacation is approved, they may wish to stipulate that any construction on the city easement would have to be maintained by the property owner in the event the City had to make any repairs or improvements to the utility line. � �� \� _ _ �L.� 1� � 1 �_ � � � Mr. Flora stated the Planning Commission recommended approval of the vacation, with the City retaimng an access easement over the top of the existing 30 feet utility easement. Ms. Laura Vagovich, 5400 4th Street, explained skie has maintained this portion of the street for 34 years and would like the protection of not having people going through there. She stated she assumed for years that this road was already vacated and therefore, had maintained it. Mr. Zirmnexman, 5380 4th Street, stated he intended to put up a retaining � wall and use the 30 feet vacated to build a road to a garage he plans to construct on his property, with access of£ 4th Street. Mr. Zinmierman stated he understands there is a storm sewer easement that will renain, but there is no way to get around this issue. Mr. Flora identified the three options the Council could consider in providing for development of an alley without 4th Street if this vacation request is allowed. No persons spoke regarding the proposed vacation on 54th Avenue. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:08 p, m. � : ': �� •� • ��i�,ui�� • •� 1 • ��S • • - • • � � MOTION by Councilman Hametnik to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 9:09 p. m. � Mr. Bill Hunt, Personnel Officex, explained that Section 3.07 of the Ctiarter relates to publication of ordinances in siuranary form. Mr. Hunt stated the ordinance is substantially the same as Ordinance No. 757 adopted in February by the Council. He stated it is presented to the Council again because the required public hearing ws not held and any changes are, basically, in organization and phrasing in orcier to clarfiy paragraphs. Mr. Starwalt, Chairnan of the Charter Commission, stated the Commission was in favor of this amenchnent and felt the effort stafi put into it makes it a more understandable ordinance and is now before the Council or their consideration. No other persons in the audience spoke regarding this proposed amenc�hner.t. MOTION by Councilman Barnette to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:12 p. m. � � " r' ! } 17 i��L �"� •41�. 4� �! � � 1J___ _ �r� • �I,I��u �IL4. • • . 1 . 1 _ � �D . 1 � � .I �•• • • • � MOTION by Councilman Fitzpatrick to waive the reding of the public hearing notice and open the public hearing. Seconded by Councilm�n Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried uik,�nimously and the public heaing opened at 9:12 p. m. Mr, Bill Hunt, Staff Liason to Charter Commission, stated there are two basic changes in Sections 6.01, 6.02 and 6.04 of the Charter. He stated Section 6.01 eluninates all the procedural matters �.nvolved in the firing � of the City Manager. He stated it simply says the City Manager is removable at any regularly scheduled meting provided that at least three me�nbers of the Council vote for the removal. He further stated all other matters including giving the City Manager a chance for a public hearing is removed in the C1larter. Mr. Eunt stated Section 6.02 grants to the City Manager the right to appoint, suspend and remove any subordinate officer or employee, except as othenaise provided in the Charter, and eliminates the phrase with the consent and approval of the City Council. Mr. Hunt stated Section 6.04 states the City Clerk, City Treasurer, City Attorney and such other officers subordinate to the City Manager, as the Council may provide for by ordinances shall 6e appointed by the City Manager with approval of the Council. Mr. Starwalt stated these sections are touchy items and have many aspects and these have been before the Charter Commisison for at least two years. He stated all the Council members had input, including the City Manager, and while the Charter Commission members had differences of opinion, he felt these amenc�nents, as presente8, did the best 7ob for the City. Councilman Schneider asked if Sections 6.01, 6.02 and 6.04 were presented as a�ckage or could be taken separately. Mr. Hunt stated, it was his understanding, the Commission presented them � as a �ckage. Councilman Schneider asked if Section 6.02 was consistent with other charters in the City Manager form of govermnent. Mr. Staxwalt stated from his recollection, it is the best method of good government in this day and age. Mr. Herrick, City Attorney, stated Section 6.02 (b) says the City Manager has the right to apFoint, suspend and remove any subordinance officer or employee except as othexwise provided in his charter. He stated there are certain people protected by civil service or veterans rights and it may be a good idea to say, "except as provided in this charter or other applicable ordinances or statutes," Mr. Qureshi, City Manager, stated there are a number of State laws that supersede the Charter. Mayor Nee felt the Charter acknowledges this in other areas. � �•..�,;�� . . �,_ _ ��r: 3 Mr. Hunt stated about 20 cities with populations of over 10,Q00 were surveyed and in almost all of them the only restrictions on the City Manager's ability to hire or fire were certain designated positions such as City Clerk, City Treasurer, etc. No other persons in the audience spoke regardign these proposed Charter amenchnents , MOTION by Councilman Fitzp�trick to close the public hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at � 9:25 p. m. 5 PDBLIC HEARING ON USE OF REVENOE SHAR.iNG FUAID6 BEFORE CITY M11N11GER (ADMINISTRATIVE HFI�RING)• Mayor Nee stated the City Manager, Mr. 4ureshi, will present an achninistrative review and hearingon the proposed expenditure af Revenue Sharing Funds for 1984. Mr. Qureshi, City Manager, stated the anticipated amount of funding to be received for revenue sharing for 1984 is $187,000. Mr. Qureshi stated funding will be allocated in the areas of City Management, Police, Fire, Naturalist and Parks and Recreation, and covers improved communication channels with the public; improved crime prevention and public awareness; better fire suppression; community nature interpretation; improving environmental aesthetics of public lands; improving tennis facilities; improving cultural arts and services to senior citizens and teens and annual co�nunity celebration contribution. Mr. Qureshi stated, as the Council proceeds through the review process, there could t�e some possible ad�ust�nents. No other persons in the audience spoke regarding the expenditure of ' Revenue Sharing Funds for 1984, therefore, the administrative hearing ws closed 6y Mayor Nee. OLD BUSINFSS: . �,�_�h�.. _ �� . I�, �1:��4�; � � �. � •�� su�: _ �� • � �/ a. 3.!�u ��_\�\ �� • �I D �. �1:_•• • � � ��i�_ C �� , �. � . ,I� ` �� \114�F 71�. MOTION by Councilman Hamernik to waive the second reading of Ordinance No. 778 and adopt it on the second reading and order publication, Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to waive the second reading of Ordinance No. 779 and adopt it on the second reading and order publication. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ��;�, �,� ,� �� a�. _ _ ��, • 1a_ • : 0 • ��.. � � :..� �d4��k. • �I�',�e y,ui � ==.a�� . i : MOTION by Councilman Barnette to table this item. Seconded by Councilman Hamernik. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� •� •� � •• u�.y. •: M� i •� � �11�9_. �:s.1 • •�� •,� • �:. � � ►l��y�� _';' �,� �� •• •' i �i !I Si� L� �l _ ?�� 5��11:�l�� • ••• � r� 1 • •� . 1 Mayor Dlee stated this item regarding a variance request by Glenn Van Hulzen is now back before the Council, after being referred to the Appeals Commission for clarification of the definition of living s�ce. Mr. Flora, Pulic Works Director, stated the Appeals Commission has concurred with the staff's definition and clarified this area as living sg�ce. Mr, Flora stated Mrs, Doyle, who had objected to the variance, was present at the Appeals Commission meeting and stated she had talked further with the Van Hulzen's and is more comfortable with the beauty shop with the condition the variance be granted only to the Van Hulzen's and for a period of one year and to be reviewed annually. Mr. Qureshi, City Manager, stated the Appeals Commission is recommending this space be allowed for a beauty shop, which is a home occupation, and this can be conducted only in living spaces. He stated he felt the compromise is a good solution, as it allaws the use requested by the home owner, and gives some satisfaction to th ad7oining property awners so they would have a voice in any future requests should the property change hands. Councilman Hamermk stated he had conversations with both the petitioner and Mrs. Doyle and hey both agree this is an acceptable solution and staff feels this can be handled. NYYi'ION by Councilman Hamernik to concur with the recommendation of the Appeals Conunission to grant the variance request to reduce the �ide yard setback on the living space of a house fromthe required 10 feet to 5 feet to allaa a converted garage to be used for a beauty shop at 901 Overton Drive, with the stipulation that this variance be restricted to the use of the Van Hulzen's only and is granted for a period of one year and concurent with renewal of the beauty shop license, the petitioner would provide the Council with a request for continuation of tis variance at which t,ime the Council can review any concerns that may have arisen in that period and may elect to discuss it with the petitioner. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � : �_ �!,. ��" � � �_ '�_�„_ • �1 �S�_s�� _v�sp �. •� � � � • w • • • • �� _ �� _ • � . MOTION by Councilman Fitzpatrick to waive the first reading of this ordinance and approve it on first reading. Seconded by Councilman Harnette. � � � ��Iij�; i �. � . 11_ � � � Upon a roll call vote, Councilman Fitzpatrick, Councilman Barnette, Mayor Nee, Councilman Schneider and Councilman Hamernik all voted in favor, and Mayor Nee declared the motion carried unammously. i �r�,_ u_.� _�� • s �� . � �� :�� u_�. •,_ . � . � ��u . i � � y,�'�: � ._ • ; �_ �� •� MOTION by Councilman Barnette to waive the first reading of this ordinance and approve it on first reading. Seconded by Councilman Schneider. � Councilman Schneider stated he does have a problem with Section 6.02, and was concerned if all three of these proposed amendments could be taken separately. Mr. Bill Hunt stated he felt the Charter Commission saw this as a package item and felt Sections 6.02 and 6.04 balance off Section 6.01. He stated if the Council wishes, he can get an opinion from the Charter Commission, but felt they saw these as a p�ckage item. MOTION by Councilman Fitzpatrick to table this item to July 25, 1983. Seconded by Councilman Schneider. Mayor Nee stated he would not be present at the July 25 meeting and it was brought to the Council's attention tat Minnesota statutes provide the amendment has to be approved by the Mayor and by an unanimous vote of the Council. Councilman Fitzp3trick then withdrew his motion, with the permission of his seconder, Councilman Schneider. Mayor Nee suggested a vote could be taken on the first reading which would allow Councilman Schneider time to clarify if these items had to be taken as a�ckage or if they could be taken separately, prior to the second reading of the ordinance. � UPON A ROLL CALL VOTE TAKEN ON THE MOTION FOR FIRST READING OF THE ORDINANCE, Councilman Fitzpatrick, Councilman Schneider. Mayor Nee, Councilman Barnette, and Councilman Hamernik all voted in favor and Mayar nee declared the motion carried unanimously. .� . ��i�. _ �., ��,ui • � �.l N4._ � 1�� ' : C=• •• •y '�' 1 z ' l �I �1� ��MC_:. I l IG �IC • �:. 91• � � �1� [J, • � �. � C �L� �!' � _ Mr. Flora, Public Works Director, stated the Council approved a special use permit, #77-04 in 1977 for Apache Camping Center which allowed the sales and service of recreational vehicles and a limited outdoor display of two units. Mr. Flora stated, in con�unction with the special use permit, there were a number of stipulations and, essentially, four of these have not been complied with and the City has attempted to obtain compliance for a number of years. Mr. Flora stated the request now before the Council is for an addition to the original special use permit in order to alow for the display of six units, and the Planning Conunission has recommended denial of this request. � - c, � �r � i'�' � � _ �� 1�. _ �. • 11_ ' : •. r MDTION by Councilman Fitzp3trick to concur wlth the recommendation of the Planning Commission and deny the request for special use permit, SP #83-03. Seconded by Councilman Hamernik, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • •• •�• 1 � �� I �s_ � i �1 •l • : -�ii �I�+ ��1. S _�\• , M�_' ��. 1� J�. l� ' � � �' Mr. Flora, Public Works Director, stated this property is located in the floocl plain and, therefore, requires a special use permit. Mr. Flora � stated there were a nimiber of items discussed at the Planning Commission pertaining to the drainage and construction of the building. Mr. Flora stated the structure would be surrounded by a built-up berm so if there is a f-lood, it doesn't affect the structure. Mr. Flora stated the question cai� up about the drainage to the south and east of the property. He stated the developer plans to drain the lot to the front and follaa the natural drainage to the north where it will enter into the storm system. Mr. Flora stated the Planning Commission recommended approval of the special use permit with the stipulations that a workable drainage plan be approved and retaining walls be part of the drainage plan, provided they are required for drainage. Mr. Flora stated he felt it is possible to adequately drain the property and build the structure, as proposed. Mr. Schack, 685 Glencoe, stated he didn't feel the retaining wall would help and snow melting from the winter would drain on his property. Mr, Smith, 8141 R�.verview Terrace, felt the home would be a good addition to the area, but was concerned about water draining through this front yard. � Mr. Flora stated he met with Mr. Schack and while they don't have the drainage plan available today, it is possible to move the drainage through a swale to the curb and into the drainage system. He said all that is being changed now is p�rt of the lot is being built-up so the house can be constructed above the flood level. Mr. Flora stated staff reviews all plans and in this parta.cular case, they would insure the water continues to move in its present fashion, Mr, Herrick, City Attorney, stated as along as the homecwner is reasonable in his construction, he has the right to build even if there is additional drainage. He stated it is up to the City to see that there is a resonable drainage plan for that area. He suggested the drainage plan be obtained and a survey to obtain the elevations and when the grading is done, check to make sure it complies with the elevation the plan shows. Mr. Qureshi, City Manager, stated the water will drain as it does now from east to west and then north, however, there is potential for additional water bacause you are adding a structure. � � � � !�a 1LL . �L_.�1_ . U � 11 � 1 •' MOTION by Councilman Fitzpatrick to concur with the recomendation of the Planning Commission and grant special use permit, SP #83-04 with the stipulation that a workable drainage plan be developed, retaining wall be used if required and elevations of construction all checked when the site is completed. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Cammission Meeting of June 22, 1983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Dlee declared the motion carried unanimously. �_ � , i= -�I_ _�� •�, �..�t�. � . .; MOTION by Councilman Barnette to receive the minutes of the Cable TelevYSion Commission Meeting of May 12, 1983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee cieclared the motion carried unanimously. S y \I �. = � ' �� U�� .��, �� ,i�J:: •s _ ' : u,i«. a �� • �, •U� M:eM i, •3R N R, �•�IU�� MOTION by Councilman Hamernik to receive the bids for the 1983 concrete pavement joint and crack resealing pro7ect. Seconded by Councilman Schneider. Planholder Highway Services 6317 Cambridge Street M�.nneapolis, MN 55416 Palda & Sons, Inc. 1462 Dayton Avenue St. Paul, MN 55104 Allstate Paving, Inc. 720D Hemlock Lane Notth Maple Grove, M[V 55369 Arnold Beckman, Inc. 6801 West 150th Street Apple Valley, MN 55124 Great Lakes Pav�.ng & Constr. P.O. Pox 147 Suamico, WI 54173 . .. . 5� 5� 58 5� 5� rnr■ $21,240.00 $24,860.00 $25,600.00 $33,220.Q0 $42,850.00 Upon a voice vote, all voting aye, Mayor Nee declared the motion carriec3 unariimously. Mr. Flora, Public Works Director, stated five bids were received and the laa bidder was Highway Services of Minneapolis with a bid of $21,240 and it is recon¢nended they be awarded the wntract. �i �iq ��j � �;y v� �� , �. � ��_ MOTION by Councilman Schneider to award the contract for the 1983 concrete p�vement �oint and crack resealing pro�ect to the low bidder, Highway Services of Minneapolis in the amount of $21,240. Seconded by Councilman Fitz�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. [7�.1.... •\ � . •: '•1'�. ' Si ll 1 l�D f e. ..� y� 1_ •1 _ • _ _ MOTION by Councilman Fitzpatrick to adopt Resolution No. 61-1983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. � • • . �'�It � � � �• •: � •: •� • 1. �.i �; �� :�; � �.� M07'ION by Councilman Hamernik to adopt Resolution No, 62-1983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried iu-ianimously. • s�. MOTION by Councilman Barnette to authorize payment of Claims No. 169545 through No. 187Z03. Seconded by Councilman Schneider, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � �n �, .�� . . .�... .�. i� '�a.� . �' • 4�. MOTION by Councilman Fitzpatrick 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 �tion carried unanimously. MOTION by Councilman Schneider to approve the temporary permit for the FYSA and waive the Pee. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18 ESTIMATES: MOTION by Councilman Fitzpatrick to approve the estimates as submitted. Herrick & Newm��n, P.A. 6279 University Avenue, N.E. Fridley, MN 55432 For legal services rendereci as City Attorney for the month of May, 1983 Hardrives, Inc. M�aple Grove Executive Center 7200 Heraiock Land North Maple Grove, NII�I 55369 Partial Estimate #3 Street Improvement Pro�ect ST 1983-1 Street Improvement Pro�ect ST 1983-2 $88,757.83 $33,217.74 $ 2,594.40 $121,975.57 � � � � �� 1�. _ �� _ �. • 11_ (Estimates Cont,) Halvorson Construction Co. 4229 — 165th Avenue Wyaming, Minnesota 55092 Partial Estimate #3 Misc. Concrete Curb & Gutter & Sidewalk Park Construction Comg�ny 7900 Beech Street N.E. Fridley, MN 55432 Partial Estimate #4 BASFU Project #137 Electric Service Ccxnp�ny 1609 Chicago Avenue Minneapolis, PII�I 55404 Estimate #3 Fridley Sports Lighting Pro�ect Monette Constructlon 2050 White Bear Avenue St. Paul, PII�I 55109 Estimate #3 Fridley Community Plaza Pro�ect �� $ 1,684.00 $ 41,813.65 $ 12,350.00 $ 82,479.95 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carned unammously. MOTION by Councilman Barnette to ad�ourn the meeting. Seconded by � Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of July 11, 1983 adjourned at 10:25 p, m. Respectfully submitted -��,�� c'.�.-�— Carole Haddad Secretary to the City Council Approved: July 25, 1983 � L�' � ;� �jL � � �__ Willi�9/J Nee Mayor r ; ��