07/25/1983 - 00012535i � . ;�
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Zhe Regular meeting of the Fridley City Council was called to order at
7:30 p. m. by Mayor Pro Tem Barnette.
PI,IDGE OF P,LLEGIANCE•
Mayor Pro Tem Barnette led the Council and audience in the Pledge of
Allegiance to the flag.
ROLL CALL•
h'fEI��BERS PP,ESENT: NJayor Pro Tem Barnette, Councilman Schneider, �
Councilman Hamernik and Councilman Fitz�trick.
MEMBERS ABSENT: Mayor Nee
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A representative of the Coon Rapids Lucky Loafers Clown Club appeared
before the Council regarding the issuance of a proclamation for National
Claan Week during August 1 through 7.
Mayor Pro Tan Barnette stated the proclamation will be issued to proclaim
the week of August 1- 7. 1983 as Nationzl Clown Week.
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MOTION by Councilman Fitzpatrick to approve the minutes with the following
corrections:
Page 3, 3rd paragraph - change the word "on" to "one".
Page 3, 5th paragraph - change the word "are" in the second line to �
"area".
Page 3, 6th p�ragraph - add: "he had seen for this p3rcel" after the
word "develognent" and change the ward "he" in the 3rd line to "rlr.
Erickson".
Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor
Pro T�n Barnette declared the motion carried unanimously.
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NI�TION by Counci]man Schneider to adopt the agenda as presented, Seconded
by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Pro Tem
Barnette declared the motion carried unanimously.
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�rTY OOUNCIL MEETI?�: OF nn.Y , 198� PAGE 2
OPEN FORUM. VISIZORS•
�ign variance - Mr. Peu4h:
Mr. Charles Peugh, representing Signcrafters, appeared before the Council
regarding their variance requests and stated they were told bp the
Co�mnission on June 28 that this item would go to the Council on July 25.
He stated they were told by staff this wasn't on the Council's agenda for
this evemng because the staff wasn't ready.
Mr. Peugh stated the petitioner, Mr. Dooley, has cancelled a very
� important meeting to be here this eveninq because he thought the item
would be on the agenda.
Mr. Flora, Public Works Director, stated he didn't know what had
transpired at the Appeals Commission meeting but, normally, after the
Planning Commission receives the minutes, an item is scheduled for the
Council.
Councilman Schneider stated he apologized if he was told it would be on
the agenda for July 25, however, he is really not prepared to act on the
matter this evening. He felt because they are asking for substantial
vanances to the sign code, he wanted the apport�uuty to review it.
Mr. Dooley stated he had no objection to having the item heard at the next
Council meeting. Mayor Pro Tem Barnette stated the item would be on the
Council's agenda for August 8, 1983.
ISl�S OF PEACE - ID WILMFS•
Mr. Ed Wilmes stated they are getting closer to the addition of a bridge
and garking lot for the Islands of Peace. He felt, with these additions,
it would make the Islands of Peace more accessible and would greatly
benefit the handicapped.
� Mr. Wilmes stated, recently, some boy scouts, working for their Eagle
badges constructed a ramp to enable person in wheelchairs to board the
pontoon boat.
Mr. Wilmes stated the Army Corp of Enqineers have surveyed and marked off
an area where they will build an outlook along the river that wil enable
the handicapped and elderly to get closer to the river.
Mr. Wilmes stated he has heard it mentioned that some persons in the City
feel no obligation to the Islands of Peace because it is under the
jurisdiction of the County. He stated, when the County came int� the
Islands of Peace, they looked for their �rtici�tion along with the City,
State, and Federal goverrunent.
Mr. Wilmes stated the reception center is on City land and the briclge and
parking lot will be constructed on City property so the City definitely
has a responsi6ility and interest in the Islands of Peace.
Mr. Wilmes stated there was a welcome sign to the Islands of Peace with
his name on it as Founder. He stated a new siyn has 6een erecte� by the
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County, which includes the City of Fridley, and also says the Islands of
Peace is maintained and operated by the Anoka County Park Department, but
does not include his name.
Mr. Wi]mes stated the Islands of Peace Foundation wrote a leter to the
Anoka County Park Director and asked that his name, Mr, Wilmes, be put on
the sign as Founder. He stated, according to the Anoka County Park
Director, he doesn't recognize the Islands of Peace Foundation. He stated
the name, Ed Wilmes, represents all of those who made contributions to the
Islands of Peace. He stated there is one way he would agree not to have
his name on the sign and that is to put everyone's name who contributed to �
the Islands of Peace. He asked the Council to give this some thought,
Nlr, Wilmes also identified five individuals who have done so much for the
Islands of Peace and requested the City send then a letter of appreciation
for their past support,
PDBLIC HEARINGS•
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MOTION by Councilman Schneider to continue the public hearing on this
rezomng request, Seconded by Councilman Hamernik. Upon a voice vote,
all voting aye, Mayor Pro Tem Barnette declared the motion carried
unanimously and the public hearing reopened at 7:58 p. m.
Mr, Flora, Public Works Director, stated a request was received to table
this item the next Council meetinq.
He stated the petitioner was considering some changes to their original
proposal, after they met with the residents in the area.
Councilman Schneider stated he would not look favorably on tabling this
item, unless the petitioner was close to sane comprcmzse. �
Mr, Mark Haggerty, attorney representing Mr. Erickson, stated they had a
good meeting with the residents of the area and saw some of their
concerns. He stated they are trying to cane up with something that would
be more agreeable with the residents and he told the residents he would
try and work something out that would meet the needs of the neighborhood.
Mr. Haggerty stated another alternative, as outlined in his letter dated
July 25, would be to withdraw the rezomng request, and have the waiting
period for filing another rezomnq request waiveci.
Mr. Haggerty stated, in talking with Mr. Erickson, he thought they may
cane up with a plan that is closer to the residents' wishes.
Mr. Haggerty stated his request is withdrawal of the application, before a
vote is taken, or to have the matter continued.
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Mr. Newman, representing the City Attorney's office, stated if Mr.
Haggerty requested a withdrawal of the rezorung request, another rezoning
application wuld be filed without waiting six months, He pointed out, in
withdrawing the request, the Council is no longer considering the item,
therefore, no action is required on the rezoriing request.
Mr. Haggerty stated his request is for withdrawal of the rezoning
application and they be given the right to resubmit a rezoning at their
choosing going through the regular procedures.
� Mr. Russell Burris, 1150 Mississippi Street, stated the Planning
Commisison rec�mnended derual of this rezornng and they wanted the Council
to da the san�e. He stated they want single family homes on this property.
Mr. Clarence Timo, 6517 Lucia Lane, stated he didn't think prolnnging the
matter would do any good, but only create more hostility. He statetl they
didn't come to any compromise at their July 11 meeting with the developer.
Councilman Schneider stated Mr. Haggerty has requested a withdrawal of the
rezoning request so there will be no action pendinq before the Council,
however, with this withdrawal, he can reapply foc another rezoning
whenever he chooses.
Mr. Newman stated the petitioner has the right to withdra,w his application
before the Council takes action.
Councilman Schneider stated he recognizes it is an unfair burden, if a
rezoning request is resutmitted in a few weeks and the residents have to
come back.
Mr. Haggerty stated he was una6le to get in touch with the owner of the
property, Mr. Johnson, due to a death in hzs inunediate family, however, he
felt if the rezoning is resulxnztted it probably will be for single family
homes.
� He stated he doesn't xeally knaa what Mr, Johnson will do as he may not do
anything, but he can't promise what would happen,
Mr. Haggerty apologized to the residents for having than cane again to the
meeting, but stated he didn't have a real feel for their concerns until
after their meeting and he is taking those feelings into consideration by
his withdrawal action,
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MOTION by Councilman Schneider to receive the letter dated July 25, 1983
from Mr, Eaggerty. Seconded by Councilman I]amernik. Upon a voice vote,
all voting aye, Mayor Pro Tem Barnette declared the motion carried
unanimously,
MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Pro Tem
Barnette declared the motion carried unanimously and the public hearing
closed at 8:17 p. m.
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Councilman Schneider stated the only comment he has xs his concern about
the continued meeting and, as long as nothing happens on that property,
every six months this coulc7 occur. He stated, on the other hand, nothing
can take place right now as another request must go through the whole
rezoning process.
Mrs. Bystram, 6533 Lucia Lane, stated they weren't informed last week that
withor�val of the request was an option for the petitioner. She stated
she hopes the residents are informed of things that happen so they don't
have to keep going tl�rough this again and again.
Mr. Haggerty stated they are trying to incorporate the residents' concerns �
and to put it to a vote this evening, he knows the rezoning would be
denied. He stated he would like to incorporate the ideas of the residents
into the plan and the withdrawal was the only method he could use to do
it.
OLD BUSINFSS:
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MOTION by Councilman Fitzpatrick to table this item to the next meeting.
Seconded by Councilman Schneider. Upon a voice vate, all voting aye,
Mayor Pro T�n Barnette declared the motion carried unammously.
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M7TION by Cotincilman Fitzpatrick to waive the reading and approve the
ordinance upon first reading. Secorided by Councilman Schneider. Upon a
voice vote, all voting aye, Mayor Pro Tem Barnette declared the motion
carried unammously.
Mr. Zimmerman, 5380 4th Street, asked about the 30 foot drainage and �
utility easement and if this would be used for an alley easement. Mr.
Flora, Public Works Director, stated it would be used only for drainage
and utilities.
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Mr. Flora, Public Works Director, stated Chapter 206 of the Building Code
has been resvritten to adopt the 1982 State Building Code and Appendix E,
as an optional chapter covering automatic fire suppression systems. He
stated the revisions upgrade the electrical permit fee schedule, add a
plan reviesa schedule, and standardize the Certificate of Occupancy and
Compliance and surface water drainage ite�ns with the Zoning Code.
Mr. Qureshi, City Manager, stated he wanted the Council to be f ully aware
af the impact of adopting Appendix E which would require the sprinkling of
c.an�n�ercial and industrial buildangs. Mr. Qureshi stated, from the City's
point of view, it will lessen the load of fire protection services� but
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shift some of this burden on new develognent in the City. He stated the
Council should probably take into consideration what surrounding
co�nunities are doing in this area and, from the information available,
possibly two or three ca�ununities are making an attempt to come close ta
what the Council is naw wnsidering.
Mr. Bob Aldrich, Fire Chief, stated the adoption of Appendix E will
certainly have an img�ct.
Mr. Aldrich stated, in Minnesota, with te miniminn-maximum standards, what
� has taken place is that the State decides what level of risk the community
has to accept as far as fire protection. He stated most fire officials
have worked very hard to have this changed. He further stated Fridley
adopted a Fire Lunits Ordinance that restrictec3 areas unless automatic
sprinklers were provided, but this was l�ter removed by deleting the
authority of the City to set fire limits.
Mr. Aldrich stated Appendix E is designated to allow local governments
more latitude in fire protection requirenents and Brooklyn Center passed
an ordinance that matches this very closely.
Mr. Aldrich stated if Appendix E is addopted it cannot be altered in its
context or application so you either take all or nothing. He stated
perhaps this may be more restrictive than what the City would have
recommended.
Mr. Aldrich stated he recognizes there is no better way to protect life
and property than by the use of sprinkling systems. He stated the records
will shaa there has never been a fatality in a sprinkled occupancy of a
person not actually a p�rt of the fire itself.
Mr. Aldrich stated the question is if the city wants to shift the burden
of providing fire proteciton to the residents or shift it to development
in the City.
� Councilman Barnette asked the cost to install a sprinkling system in a
building. Mr. Aldrich stated he had estimated 90 cents to $1.50 a square
foot, however, in talking with the design engineer on LaMaur's new
pro�ect, he was told the cost was about 65 cents a scruare foot.
Mr. Aldrich pointed out any building that is sprinkled receives a
reduction in their insurance pr�ni�nns ranging anywhere from 20% to 500.
MOTION by Councilman Hamernik to waive the * reading and approve the
ordinance upon first reading. Seconded by Councilman Fitzp�trick,
Councilman Hamermk felt the Fire Chief haa outlined the advantages for
having a building sprinkled, and that the advantages outweiyhed the costs
com�rues would incur.
Councilman Schneider asked if anyone in the business comriunity has been
contacted regarding their feelings on this requirement for sprinkler
systems.
* Correction made at the Council meeting of 8/8/83.
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1'�� CITY QOUNCIL MEETING OF JULY 25, 1983 PI�E 7
Mr. Qureshi, City Manager, stated staff didn't want to start talking to
these people unless they knew the Council's feelings and if * they wished
to consider the item. He indicated they wotil.d also check with Bloomington
and Brooklyn Center regarding the pros and cons in their coirnnunity.
Councilman Schneider stated, if possible, he would like to see a
comp�rison regarding the manpaaer cost factor with and without sprinkled
buildings.
Councilman Hamernik suggested at the time of the second reading on August
22 that staff submit any futher * information.
UR�N A VOICE VOTE TAKEN ON Zf3E ABOVE MOTION, all voted aye, and Mayor Pro
Tan Barnette declared the motion carried unanimously.
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Mr. Flora, Public Works Director, stated this request is to split off the
northerly 75 fet of Lots 11 and 12, Block 2, Moore Lake Hills, in order to
create a new lot on Old Central Avenue. He stated the lot would satisfy
all the requirements of a buildable lot totaling 9,170 square feet.
Mr. Flora stated the Plamm�g Commission recommended approval of the lot
split. He stated, with the splitting of this parcel, the terminology of
the frontaqe of the lot changes, He stated the front yard will then face
Central and what used to be the side yard will become the rear yard and
the distance from the house to the lot line in the rear yard is 29 feet
and the code requires 3Q feet, therefore, a one foot variance is required
to the rear yard setback.
Mr. Flora stated the petitioner intends to raze the existinq garage and
build a new garage, therefore, it would reduce the setback from the
required 30 to 7 feet also requiring a variance.
Mr. Flora stated a park fee of $500 will have to be paid, as well as
�:ending water and sewer lateral assessnents of $1,877,84.
MOTION by Councilman Schneider to concur with the recommendation of the
Planning Co�rnnission and grant lot split, L. S. #83-03 withtthe stipulation
that the existing garage on the property be removed not later than
September 1, 1984 and that the park fee of $500 and pending water and
sewer lateral assessnents be p3id prior to the recording of the lot split.
Seconded YJy Councilman Hamermk, Upon a voice vote, all voting aye, Mayor
Pro Tan Barnette declared the motion carried unammously.
MOTION by Councilman Schneider that in con�unction with the lot split a
one foot rear yard variance from 30 to 29 feet is granted due to the
unusual configuration of the lot and, in practicality, this is the side
yard and the reason for the vanance. Seconded by Councilman Fitzpatrick.
Upon a voice vote, all voting aye, Mayor Pro Tem Barnette declared the
motion carried unanimously.
* Corrections made at Council meeting of 8/8/83.
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Mr. Newman, representing the City Attorney's office, stated that in order
to handle the garage variance in an orderly fashion, Mr, hTilke should make
application for the variance to construct the r.ew garage. He stated, zf
the variance would be denied, he doesn't have to file the lot split.
P9r. Qureshi, City Manager, stated if no one ob�ected to the lot split, he
didn't feel there would t�e any problem with the variance.
5B REWEST FOR A SPECIAL USE PERMIT. SP #82-09. 7.0 11LL�ClYJ ERE(,�TION OF A
FIRE RETARDANT TENT � BE USID AS A DISPLAY 11RE11 AT 7628 UNIVEE25ITY
AI7ENUE N. E. f SY E3�BERT SQ�tOER:
� Mr. Flora, Public Works Director, stated P4r. Schroer has requested a
special use permit in order to erect a tent at the East end of his
building for outdoor storage and sales.
Mr. Flora stated the Planning Commission recommended approval of this
special use permit, however, prior to erecting the tent, staff would
request that the necessary permit be obtained and reviewed by the Police,
Fire, and Code Departments. He further explained the other items to be
considered were (1) reduction in driveway entrances to 32 feet maximum;
(2) landscaping screening along Osborne Road and the West Service Drive;
(3) screemng outside storage; and (4) installing concrete curb and gutter
around the p�rking area.
Mr. Schroer, the pet,itioner, stated in regard to the concrete curb and
gutter around the p3rking area, they have a drainage problem and if this
were to be installed, the whole �rking lot would be a pondinq area. Fie
stated, as far as the openi.ng of the driveways, he was approached over a
year ago by the County and City to close off his driveways the day before
M�norial Day in order to restructure the openings. Mr. Schroer pointed
out his business was seasonal and Memorial Day is probably one of his
biggest days for business.
Mr. Schroer stated he ofered another proposal in giving land for an
� additional turn lane, but hasn't heard for the County or City on this
proposal.
Mr. Schroer stated, as far as the landscaping, they have spent several
thousand dollars in redoing the landscaping area.
In regard to screening the p3rking lot, Mr. Schroer stated he has a tough
time with this requirenent. He stated it is impractical because of the
watexworks easement along Osborne Road and to put up a f-ence is totally
asinine.
Mr. Schroer felt they have taken care of most of the problems and are
working on the ones that haven't been done.
Mr. Schroer stated the tent wouldn't be pernr�nent or year-around �nd will
be for sales of pr alucts. He stated he plans to leave the tent up durang
the simm�er months and offer it to non-pxofit orgamzations to utilize the
tent for sales at no cost to than.
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Mr. Qureshi, City Manager, felt if they made a similar request again, they
wotil.d like to know in advance so any problems can be worked out.
Mr. Shcroer stated he didn't know if he would request this again next year
and it depends if Fank's Nursery ranains in the building.
MOTION by Councilman Hamernzk to concur with the recommendation of the
Plamm�g Commission and grant special use permit, SP #82-09 to allow the
erection of a 30 x 45 foot fire retardant tent for outdoor display and
sales at 7628 University Avenue until November 1, 1983. Seconded by
Councilman Fitz�trick. Upon a voice vote, all voting aye, Mayor Pro Tem �
Earnette declared the motion carried unaru.mously.
NIDTION by Councilman Fitzptrick to receive the minutes of the Planning
Commission P9eeting of July 13, 1983. Seconded by Councilman Schneider.
Upon a voice vote, all voting aye, Mayor Pro Tem Barnette declarec� the
motion carried unanimausly.
6 RFSOLUTION N0. 63-1983 VACATING THE CITY OF FRIDLEY'S TEMPORARY
CONSTRUCTION EASEMENTS OVER CERTAIN REAL PROPERTY WTTHIN THE CITY OF
FRII)LEY •
Mr. Flora, Public Works Director, stated, in con7unction with Storm Sewer
Pro7ect No. 12, the City obtained temporaxy construction easements which
were never vacated.
Mr. Qureshi, City Manager, asked if the easements were needed in order to
rep3ir any of the pipes.
Mr. NEwn�an, representing the City Attorney's Office, stated the easements
were obtained in the late 60's and it was the intention of the City to
obtain a permanent easement, the Legal description in the easement should
have been adequate to cover repairs. He stated temporary easements were
drafted try another law firm and generally they expire at a certain period
of time, but a time element wasn't put on these easements.
Mr. Flora stated the City should be able to work within the permanent �
easement for any re�irs that may be necessary under normal conditions;
if, haaever, they have a substantial * break, this may not be adequate.
MDTION by Councilman Fitzpatrick to adopt Resolution No. 63-1983. Seconded
by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Pro Tem
Barnette declared the motion carned unanimously.
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LNfJTION by Councilman Schneider to adopt Resolution No. 64-1983. Seconded
by Councilman Fitz�trick. Upon a voice vote, all voting aye, Mayor Pro
Tem Barnette declared the motian carned unarumously.
* Carrection made at Council meeting of 8/8/83.
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PI�GE 10
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MOTION by Councilman Schneider to adopt Resolution DIo. 65-1983. Seconded
by Counci]man Hamermk. Upon a volce vote, all voting aye, Mayor Pro Tem
Barnette declarecl the motion carried unarumously.
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MOTION by Councilman Schneider to adopt Resolution No. 66-1983. Seconded
by Councilman Hamerruk. Upon a voice vote, all voting aye, Mayor Pro Tem
Barnette declared the motion carried unammously.
10 RF�^OLUTIOf1 NO 67-1 g8 11UTHORIZING IG. ION OF '�'WF GRANr APPLI ATTON AND
EXECUTION OF THE AGREEMENT--ANOKA TRI-CITY ALCOHOL COUNTERMEA UR�
A.T.A.C.:
MOTION by Councilman iiamernik to adopt Resolution No. 67-1983. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye. NJayor Pro Tem
Barnette declared the motion carried unanimously.
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MOTION by Councilman Fitzpatrick to concur with the following appointment
by the City Manager:
NAME
Noel J. Graczyk
1300 Pierce Terrace
Colimmbia Heiqhts
Minnesota 55421
P�SITION
Budget
Control
Assistant
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$17,694
Per
Year
EFFECTIVE
DATE
July 11,
1983
�__�_�`_'�
Anthony Roach
Seconded by Councilman Schneider. Upon a voice vote, all voting aye,
Mayor Pro Tan Barnette declared the motion carried unarumousiy.
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MCYPION by Councilman Fitz�trick to approve the trailer application for
Local 683. Seconded by Councilman Schneider. Upon a voice vote, all
voting aye, Mayor Pro Ten Barnette declared the motion carried
unarumously.
13 LICIISSFS:
MOTION l�y Councilman Hamernik 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 Pro Tem Barnette declared the
motion carried unammously.
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MDTION by Councilman Schneider to authorize payment of Claims No. 188507
through 202Z04. Seconded by Councilman Fitzpatrick. Upon a voice vote,
all voting aye, Mayor Pro Tem Barnette declared the motion carried
unarumously.
15 ESTIMATES•
MOTION by Councilman Fitzpatrick to approve the estlmates as sul�nitted,
Smith, Juster, Feikema & Haskvitz
1250 Builders Exchange Building
Minneapolis, MN 55402
For legal services rendered as City
Prosecutor for the montl� of April, 1983
For legal services rendered as City
Prosecutor for the month of May, 1983
Herrick & Newman, P.A.
6279 Uruversity Avenue, N.E.
Fridley, MN 55432
For legal services rendered as City
Attorney for the month of June, 1983
E. A. Hickock & Associated, Inc.
545 Indian Mound
Wayzata, MN 55391
Professional Services for June 1983
Moore Lake Restoration Phase I
Moore Lake Restoration Phase II
Electric Service Com�riy
160� C1�icago Avenue
NU�nneapolis, MN 55404
Estimate #4
Fridley Sport Lighting Pro�ect
M�nn-Kota Excavation Canp3ny
3401 85th Avenue North
Minneapolis, NII�7 55432
Final Estimate
1983 Curb Jacking Pro�ect
$4,812.50
$5,012.50
$2,566.63
$4,561.41
$ 9,825.OQ
$ 2,380.80
$ 7,128.04
$39,229.00
$ 3,532.00
Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Pro Tem Barnette declared the motion carned unanimously.
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Mr. Irnnan, City Clerk, stated the HRA met and officially considered and
approved the docwnents setting in place the reserve financing system. He
stated, in order to make the reserve financing system work, it requires
tax increment plans be modified and classifieC as a single pro�ect and the
rationale for this is the financing.
He stated Council has received a copy of the modified plan which takes the
tax increnent districts and combines than into one district.
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h10TION by Councilman Fitz�trick to adopt Resolution No. 68-1983. Seconded
by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Pro Tem
Barnette declared the motion carried unanimously.
��•i�
MOTION by Councilman Schneider to ad�ourn the meeting. Seconded by
Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Pro Tem
Barnette declared the motion carried unammously and the Regular Mleeting
of the Fridley City Council of July 25, 1983 ad�ourned at 9:40 p. m.
Respectfully su�nitted,
�=�-��-,,�,z-�.�
Carole Haddad
Secretary to the City Council
Approved: Auqust 8, 1983
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Ro rt L. Barnette
Mayor Pro Ten
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