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07/02/1984 - 000122121��1 7. THE l4INUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 2. 1984 — — The Hegulac° Maeting of the Fi°ldley City Council was ealled to order by Mayor Nee at 7:4D p.m. PLLDGc OF AI,LEGIANCE: Mayor Nee Ied the Councll and audience in the Pledge of Allegiance to the F1ag. ROLL C'�LL: MENIBCPS PRESE�NT: �4ayor Nee, Councilman Hamernik, Councilman Schneider Couneilman Fitzpatriek and Councilman Barnette, MEMBERS ABSF.NT: ntone APPROVAL QF MINUTES: CDUNCIL MEETING. JlINE 18. 1984: A40TION by Councilman Hamernik to approve the minutes as presented. Seeonded b,� Councilmati Fitzpatriek, Upon a voice vote, a11 votin� aye, Mayor Nee �eclared the motion carried unanimously. ADOPTIC)N OF AGENDA: MOTION by Coune�Zman Schneider to adopt the agenda as sut�mitted. Seeonded by Councilman Sarnette. Upon a voice vote, all voting aye, Mayor Nee declared the mation carried unanimousZy. QPF.N FORUM. VISITORS: There iaas ro response fTom the audience under this item of business. PUBLTC I3EARINGS: 2. CONTINUED PUBLIC HEARING ON ASSESSMENT FOR STREET IMPROVEMENT PROJECT ST, 1983-1 (Fr�OM 6/18/84}: ANU RECETVING LETTER FROM GEORGE PCEK. 6644 CENTRAL AVENUE: Mayor Kee reopened this public hearing on street improvement projects 19i33-1 and 1483-2 at 7:42 P.�. Afr. Tnman, City C1erk, sCated there was a question regarding the property at 6581 Central Avenue as to what was front yard and what was side yard. He statad after r�vlewing this property and the outlot in question, he would recommend there be no change in the assessment. Mr. Sumari stated the gropert,;yr owner also had a water line stub installed and has requested thas assessment be deferre@ until such time as the property is fleveloped. � � I� COUNCIL MEETING OF JULY 2. 1984 �ir. Harsness, 6581 Central Avenue, stated tlie City acquir�a the outlot anci it chan�ed his aecess, but as far as he 1s c�ncern,�d, h�s prcperty si171 fronts on Central Avenue. Mr. Qureshi, City Manager, stated the City nas followed tY,is assessrneet policy for the last 20 years where the narraw frentage is consid�red the front yard and the widest frontage is cor�sid�reci side yard. He stated ihis means everyone would pay a front yard assessment, as we11 as a side yard assessment, He stated Mr. Harsness has r,ever pa��i a strEet assessm�i7t fcr Central Avenue because he lives on Central �ver.ue whaeh zs a Coun�*� road. � Mr. Barsness stated he felt this wasn't a norna] situation and shnulc: pay only for a side yard assessment and not a i'r�nt yard assessr�ent. He stated he can�t believe anyone would say he lives ron E,6th Aven��e. Mr. Herriok, City Attorney, stated there zs a ratiQi;aIe f�r this asses��n,�nt policy because the purpose of it was to make thE asscssinent fair for corner lots. He stated sinee this policy has been ira existar.ce for a long time, he felt at would cY•eate problems to deviate iram zt. Coune1lman Schneider stated a letter was received fron! C✓r. Peek inclacar1n� he was opposed to this assessment as it woLld create a hardship icr hini. MoTION by Councilman Schneader to receive the lette�^ from P9r. Feek dated June 18, 19Q�4. Seconded by Councilman Barne;,te. Upo❑ a vo3ce vote, all voting aye, t�layor Nee declared the motion carried unav�ittiously. Councilman Schneider asked the City's polxcy regarding as��ssmei��s ior persons on limited incouies. Mr, Herrick, City Attorney, stated there ls u Stata statute, as he reea7ls, which defers the assessment until such timE as the prhperty is sold anc then the assessment is collected with interest. He staten this couid be hanr�led later if this person qualifies or wishes to apply, � MOTION by Councilman Schneider to close the public hearing. Secordec 6y Councilman Ham�rnik. Upon a voiee vote, al] votaug aye, Mayor rr�e d�clared the motion carried unariimously and the public hearing closecl at �i:06 p,m. 3. CONTINUED PUBLIC HEARING ON ASSESSMENT FOR STREET INIPROVEMENT PROJECT St 1984-�# FROM 6/18/$4: Mayor Nee r�opened the public hearing on sti^eet improvamen8 pro�eet St 7983-� at 8:06 p.m. Mr. Inman, City Clerk, stated this hearing had Deen eontinued fi^orn tlie �cxiie 18, 7984 Council meeting to make sure Lhe C7ty was Vrzthir. che Iegal requirements for notificatian of the hear�:zg. No persons in the audience spnke regarding thzs proposed assessment. MOTION by Couneilman Barnette to close the public rearing. Secor,derl by -�- � ��y 7 /'rT J_ '�' _J �n 5. COUNCIL MEETING OF JULY�_1Q84 Counoilman Schneider, Cipon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimvusly and the public hearing elosed at 8:07 p.m. PUBLIC HEARING ON CONSIDERATON OF FINAL PLAT. P._5 �k84-04. PLAZA �dTER ADDITION 33Y HOUSING AND REDEVELOPMENT AOTHORITY• MOTION by Councilman Hamerrik to waive the reading oF the publie hearing notiae and open the public hearing. Seconded by Couneilman Schneider. Upon a voice vote, all voting aye, Mayar Nea declared the motion carried unanimously and the public hearing opened at 8:07 p.m. Mr. Flora, Public kiorks Director, stated this Plaza Center Addition plat covers property north of the Pridley State Bank to Missi�sippi Street and eust of UniWersity Avenue to 5th Street. He stated it identifies existing parcels and structures arid future expansion within this plat. Mr. Flora stated the plat wa;, reeiecred by the Planning Commission and the Cor�mission recommended approva] as it was consistent with the City's Comgrehertsive Plan. No �aersons in the audience spoke regarding this proposed plat. MOT7bN by Couneilnan Schneider to close the public hearing. Seconded by Councilman Barnette, Upon a voice vote, all voting aye, Mayor Nee deel2red the motion earried unan_imously and the public hearing elosed at 8:08 p.m. PUBLIC FIFARING CN DISPQSAL OF EXCESS CITY PROPERTY; MOTIOU by Gouncilman I'ztzpatric0: to waive the reading of the public hearing noticu and open the public hearimg. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaeimously and the pub�ic hearing opened at 8:08 p.m. � l,r. Flora, Public Wcrrks Direetor, stated the City has identified eight pareels owned by the City whieh are not needed and could be so1d. He stated ' ttAree lots are in B1Gmberg Estates and one adjacent to Flannery Park. There are another• three lots in Edgewater Gardens and a parcal in Fridley Park whieh is only 4� ieet whieh is not developable on its own, but could possxb?y lle added to the adjacent parcel. Mr. Flora stated the Planning Commission reviewed these eight lots and conclude� it k�as consistent with the Comprehensive Plan to encourage development of these R-1 properties. r9r. F1ora stated tkie City Attorney reviewed the parcels and if they were sold, the monies received from the three lots in Blomber� Estates should go into the Park arAd Recreation fund since they were identified for park and recreation purposes. He further stated the 40 foot parcel should be sold to the 2cijacent property owner in order to make it a developable piece of praperty. Mayor Alee stated the City Charter requires a finding that these properties -3- � � � � � 7 COUNCIL MEETING OF JULY 2 1q8�+ are no longer needed for publie purposes and is the reasc�n f�r the public hearing. No persons in the audience spoke regardin� the dispasal of this excess City groperty. MoTIO[V by Councilman Fitzpatriek to close the pnblze he�ring. Seconded b}= Councilman Schneider. Upon a voics vote, a11 voting aye, P4ayur Pdee declared the motion carried unar,imously and the puolic hearxng closed at 8:12 p.ci. OLD BUSINESS: RESOLUTION N0._7R-198�! CONFIRMING ASSESSMGATT FQR STt�I'sET IP4PROVEMENT P�GJECTS ST 1984-1 & 2• MOTION by Coixncilrnan Sehnelder to adopt Resc.lutioe� Nc�. 73-1984. �eeor.cet3 by Councilman Hameraik. Upon a voice vote, a71 voLin�, �ye, Niaqor Nee d��e?area the motion carried unanimously. RESOLUTION N0. 74-198$ CONFIRMING ASSESSI�3ENT FOR STRE�T INiPROV�M�NT PRG3ECT ST 1984-4: MOTION by Councilman Barnette to adopt Reso7uton Na. 74-1984. Seeondect by Counczlman Schneider. Upon a voice vote, a13 vating aye, Piay+�r Nee deelared the motion carried unanimously. 8. RESOLUTION N0. 75-1984 ORDERING INYROVEMENT AND NINAL PLANS AND SPECIFICATIONS AND ESTIMATSS OF COSTS THERE�F 01� STRFGT INiPR0VEP4SNT PR�JEGT ST 1984-1 & 2: MOTION by Councilman Fitzpatrick to adopt Resolutian A'o. 75-19$�4. Secarded by Councilman Barnette. Upon a voice vote, aIl croting a�e, Mayor Nee declared the motion carried unanimously. 9. RESOLUTION N0. 76-1984 ORDERING IMPROVLML�NT A1+ID APPROVAL OF PLAAIS }1ND APPROVING CHANGE ORDER N0. 1 FOR STREET SMPRQVENIENY' PROJECT ST 19Fi4-7 a2 f ADDEN➢UN lk3 ) : MOTIDN by Councilman Barnette to adopt Resolution I��a. %6-1QS4, and aui,horize the approval of Change Order No. 1 to Street Improvement Pr•o,7ect ST 19Ci�}-1 & 2 by addin� thas improvement of Capitol Str�eet i'a: sireet const-ructioc� including Class V 6ase and concrete cur•b anrl gutter ir. the amaunr, of $40,352.0� with NDH, Incorporated, Anoka, M�nnesot�. Secanded bq Councilman Schneider. Upon a vosce vote, all voting aye, Mayor 1,Iee deelared Llie mot�an carried unaimously. NEW BUSINESS� 10. CONSIDERATION dF FIAST AEADING OF AN ORDiD7�,NCB TO AMEND TIiE CTTY CJDE BY MAKING A CHANGE IN ZONING DISTHICSS. ZOA �FU�R-02. DEGI�RDNER: Mr. Flora, Public Wvrks Darector, stated th�s zs a rezoning r�que:tt to -�- .-, l 1� �;� 1�� COUNCIL MEETING OF JULY � 1984 rezone the lots between 62nd lday and 61st Way from R-1 to R-3 to develop a "loft" home concept in this area. Mr. N�elson, 7144 Riverview Terrace, stated they have met with the City staff atzd neighbors �n this area and would like this item tabled at this time. He stated he and Mr. DeGardner wish to come in wath a new proposal whieh came about after their meetin�s and received a positive reaction from the neighborhooQ. MOTION by Councilman Fitzpatrick to table this item until the petitioner requests it be brought back ta the Council. Seconded 6y Councilman Hamernik, Upan a vc�iee vate, all voting aye, Mayor Nee declared the motion carriea unanimcusly. Mr. 4lureshi, City Manager, st,ated the af'fected residents would be notiPxed when the proposal is brought back to the Couneil. 11. RECEIVING THE MINUTES OF THE PLANNING GONR4ISSION MEETING OF JUNE 20. 1984: 11A. CONSIDERASION OF A REOUEST FOR SPECIAL USE PERMIT. #84-11 TO ALLOW CONSTRUCTION OF A SECOND ACCESSORY }3UILDING AT 298 ELY STREET N. E.. BY CHERYL A. MICHURSKI: 11B. P7r. F1ora, Puh�lic Works Director, stated this is a request for a special use permit tc, a11ow an aceessory building, a 22 x 24 foot detached garage, to the rear of Ehe property. He stated the property is located on the corner of Ely Street and Ruth Street, and it is required this garage be set back 30 feet from d2utk! Street. He stated the petitioner wishes to construct a double garage in_ order to house three vehieles. Mr. Plora stated the Planning Commission recommended approval of this speciul use �.ermit with the stipulations that the driveway to the new garage be paved arad a 36 foot setback be maintained for the garage off Ruth Street. Mr. Miehursk�, the petitioner, stated he has no problems with the stipulations. MOTION by Councilman Fitzpatrick to concur with the recom�uendation of the Ylanning Cammission and grant speeial use permit, �k34-11, wzth the stipulations that the driveway to the new garage be paved and at least a 30 Paot set6ack be maintained from Ruth Street. Seconded by Councilman Iiamernik. Upon a voice vote all voting aye, Mayor Nee deelared the motion carried unanimousZy. MINUTES OF THE APPEALS COMMISSION MEETING OF JUNE 12. 1984: VARIANCE REOUESTS TO TNCREASE SIZE OF FREE SIGN AND TO REDUCE THE REOUIRE➢ SETBACK AT 61485 CAST RIVER ROAD N. E. SY RHODA M. SPRANG: Mr. F1ara, Fublie Works Director, stated this property is located on the east corner of Nlississippi Street and East River Road, he stated there are two pylon signs on the propertg, however, the one to the south was damaged ar� exeess of 50p and cannot be replaced without a variance. -5- � � � � COUNCIL MEETING OF JULY 2. 1984 P7r. Flora stated the varianees would bP to s�acreaa� the si�F of a free standing sign from 80 square feet to 98 va,uare feet anu� tc� re�uce the setbaak from 10 feet to 7 112 feet from tt�e west property line and recuee the required setback fro� 10 feet to 3 feet from the south prnperty iine, Mr. Flera stated the Appeals Commission fe1t, �f thzs request tras grante4, it would set a precedent for other staticna tc� inerease Lheir signs ar,d, therefare, recommended denial of the variacice reque�t. Ms. Sprang stated they are nut attempting Lo puc up �iore �quare ,:ootage oS � sign, but to replace the sl�nage damaged hy the r,ind. She staied Lwo persons on the Appeals Commission were familiar with the property and indicated they didn't feel the previous sign was an eyesore and Lhc pr•n�erLy didn�t have excessive signage. Mayor Nee stated the sign could be replacecl v:atfia a compsrabAe sign or31y a little smaller and set back farther. i��Is, Sprang stated ��. woulrl be diffieult to meet the setback requirements Leeause zt woulo p;.ace tihe sagri about in the middle of the driveway. Mr. Flora stated the code requires the si�n be 70 feet from ar,y praperty 17ne or driveway and this sign is 7 1/2 feet fron� the we�L prapert�� lin� and three feet from the south property 1ine. FIe statea tho code limat is 80 square Feet for si�ns and they currently nave an exist�n�; G6 squaru foot sign so it would leave only an additional 1u square feet for anotner s1gr,. Councilman Fizpatrxck stated the Council f�as eonsistently detiied si�il2r requests. MOTION by Couneilman Fitzpatrick to concur with the reeanaL�endetioe� of Lhe Appeals Commission and deny the ❑ariance rcquest. Seconded by Councilrcar. Schneider. Mayor Nee stated he shares Mr. Barna'S feelan� that he do+:sn"i see a prablein � with thls particular property, but the Council h�a turned aawn ��.milar requests. Councilman Hamernik stated he feels tiae �'oueicil shoulr� sa�poi^L- the businesses in the City and has a problen w�th denyang zt because the business is more than a gas station. Councilman Barnette stated he knows t[�e ownEr, Nir. ;win�dorf, and Lov: involved he is in the community and would go along wiL-h the r�inarity cn the Appeals Commission. UPDN A ROLL CALL VOTE, Councilman Fitzpatrack, Coun^ilman Schraeider, and Mayor Nee voted in favor of the motion, Cauncilman [lamern�.lc atad Gaunc�.lman Barnette voted against the motion. Mayor Nee deciared the raotion curriec� by a 3 to 2 vote. 11B. VARIANCE REOUESTS TO REDUCE REAP YARI7 SETI3l1CK AIdD REDUCE FHONT YARD SETBACK AND TO ALLOFI DETACIIED ACCESSOFtI BUILDING TO B� -6- � �'�� ' ��^, COUNCIL MEETING OF JULY 2 �1984 CFiANGED AT 953 MI�SISSIPPI STREET N E BY JOHN W HITCHCOCK• AND LOT SPLIT REQUEST. L. S. �k84-05. BY JOHN HITCHCDCK (FROM I'LANNING COMMISSION MEETING OF JUNE 6. 1984): Mr. Flora, Public Warks �iirector, stated the lot split request was presented to the P7anning Comuussion which is to split off the south portion of the l�t located an Mississippi Street and Oakley Drive.. He stated the Comm�ssison had consi�'erahle discussion about the lot, since they felt it was a change in the environment of the neighborhood. He stated the front door of the home would face Mississippi Street, but access would be on � Oakley Driva in order to permiY, a new lot with access off Mississippi Street. Mr. Flora stated th� Plamm�g Commission did reeommend approval of the lot split with six_ stipulations. He stated tBese were as follows: (1} the varaanees ereated by this 1ot aplit must be approved by the Appeals Commission; (2) the existing struoture now faa�ng Mississippi Street is to l�ave a new address on Oakley after the Iot is split; (3) a signed park fee agreement for ane eew lat in the amount of $750; (4) the lot split is to be registered with the County in a timely manner; (5) the existing garage ,accessory building in front yard) zs to be relocated to the side yard if it xs to be repiaced or suDstantially improved; and (6) the pwner ia to aign the 1ot split and variance requests, hlr. Flara statd when the issue came before the Appeals Commission, after the meeting of the Flanning Cammission, they looked at the existing structure h*hach has a garage 25 feet off Oakley Drive and would have the front door facang the rear of the existing home. He stated the variance applied for was a front yarc� setback from the required 35 feet to 25 feet and a variance of the rear y2rd setback fram the requ?red 25 feet to 29 feet, He stated ther•e x2s discus�aor. that the garage could be relocated and Flaced in front of the existing struoture so it would be 35 feet back from Oakley Drive. Mr. Flora stated at the public henrin� before the Appeals Commission, there uere a total of seven neighbors wha spoke against the variance. He stated � thA Appeals Commission felt to grant the variances would significantly alter ih�.s particular iot and change the complexion of ihe neighborhood and, tberefore, recommended der.iai of the varianee whieh means the lot split woulQ also be dem ed, since this was contingent upon the Appeals Commission approval of tlze variance request. Mr. Hztchc�ck, the petitioner, stated he purehased this property contingent an obta�ning the 1ot split and variances. He stated he felt it was a good Iot L'o build on iri ihe Citq and is wlllin� to negotiate with the neighbars ta fSnd an aeceptable salution. He stated the need for the front yard varzance has been cleleted as he agreed to move the garage. He stated he would be open ta workin� out the plans for a home that would be suitable for the ne�ghbarY,ao�, He stated the only variance he is requesting, at this paint, is for the rear yard setback fram the required 25 feet to 21 feet. Mr. HitchcocY. stated he took some photos of the area and the only two homes -7- ' COUNCIL MEETING OF JULY 2, 1984 impacted are the first two homes on the eas1, side of (3akley �rive, Mr. (Jureshi, City Manager, stated this i:� an unusuat lot �rzd ielt it �s extremely critical that the neighborhood ac�epc whatever is prapGSe�. He stated it is not the inherent right of tYae pr�operty owner to raeeive thE lat split because this is the reason the Council reviews these re�L:ests to determine how it would fit into the neighborhood, Mr. Eisenzimmer, 6535 Oakley Brive, felt tl�e f,ome didn't neet' ttae setUack requirements on Mississippi Street. He felt Lhe hou:;e would stand out and � would ruin tt�e appearanee in that area and oGsr,z^ucc �,he views, Mr. Walt Miller, 9�+5 r'�lssissippi Street, si.ated he def�ni GG�ly dactn" t thasik the house belongs there as it would disrupt tha rieighb�rlaoad. Mr. Fiitchcock stated considering the nppusit�on he ls faegng �n ihe neighborhood, he wished to withdraw his request. MpT7DN by Councilman Hamernik to aceept the �etiticner's witYzdrawal �f" th� lot split and varianee requests. Secondec Uy Couneziman Schneiaer. Lepon a voice vote, all voting aye, IYayar Nee �eclared �he raotson carrzee unanimously. MpTION by Councilman Fitzpatriek to reeeive th� rainutes oa" the Ilanning Commission mEeting of June 20, 1g$�F. Secondea by Counciln�ati SennEiaer. Upon a vaice vote, all voting aye, Mayor Nee ceclared the motinn carr�ea unanimously. 12. PRESENTATION BY HICKOK & ASSOCIATES ON MOORE; LAKE PRdJECT STATUS: Pfr. P.oyer of Hickok and Associ2tes submif;l.ed a Mumrary shaEt af canat has transpired on the Phase II pro�ect of the Nioore Lake restc�r^atian. Mr, Boyer stated over a year ago an application �,ras sub�itte�i to the Environsental Proteetion Agenoy and approved by t,ne Pcllution Contrbi t7gency � for Phase 22 of the Moore Lalce restoration project. He stated tiae Councal acted in favor of proceeding, even though the City would receive only� 5QN of the fonding far the Phase II portion. Mr. Boyer stated the original grant applzcatian consisted af' hycdraLil ie flredging of the lake to �et rid of the aquat�c vegetation. I-Ia stateu the second part of the ori�inal pro,7ect rras to �o back anu, basically, �ppT� an aqua screen material and a sand cover on top ef th2s ita water th�r is 1e�s than 1Q feet deep. He stated there would atso b� ar, �Iun Lreatmen� iG, the deeper areas of the lake to remove the PhespharuN and to perfor�: � stud-y to determine whether this would be suceessfu7. Mr. Ftoyer stated last year they started witih the piinir pro�ecz ic� deter�r�i��e if there was a cheaper way rather than using tna aqua screenang; t,o determine if �1; was [iecessary to dredge; arci �.f a sand protecLive epver was required. � LJ �.�rd �� COUNCIL MEETING OF JULY 2. 19$4 Px. Aoyer state the results of the pilat study were as follows: (T) dredg�ng is not absolutely necessar}>; (2) to use a polyethylene plastic mater�al which cosLs about 6 cents a square foot, rather than the aqua sereening wh�ch costs 35 to 40 cerats a square foot; (3) the sand cover really han no affect and was n�t required over the screening. He stated, based on tne results of tt!e pzlct study, there wer� some alternatives and ?lso some probLems whlch develaped with the Department of Natural Resources. fle stated the UIdR has a polz<:y whieh says a synthetle liuer eannot be used on any lake bottom. He stated it was necessary to obtain a variapce in crrder 2o proceed witM this �lastic material. Ne stated tYie variarwe was x�eceiced because this is a❑ Enviranmental flrotect�on Agency groject and expErimental. He stated the DNR, in turn, has reqL��red a well be construeted on the sxte to add water to the lake. In additiora, they have� required a uock be constructed north of the swimming beach. Mr. Boyer stated rather than dredging, they are xecommending the weeds be harvested. EIe stated the problem urith hydraulie dredging is ten parts af crater are taken to every r�art of material and it creates a problem with dispasal. Nlr. Poyer presentecl a drawieg which indicated the shaded area �rhere the weeds woulci be harvested in the spring and fall, He stated, after this is comPYeted, the polyethylene material would be placed in the lake. He stated the slots Ln the Laterial is to release the methane and gas that accummulates under the plastic. P�r. �oyer stated the next step is an alum treatment and the final step would be installxng an aerator 1n the lake. Cir. B�yer statea the Couuncil ean see there has been subtantial changes fram the original scope, IIe statea a tentative time schedule is to zdvertise for bids �nd z,Wrar� th� eontraet in August fer construetion to begin this fall. Ee stated there Urould be a weed harvesting and the aerator installed thi� y�ar with a l�miLed an�ount of dred�ir�g a second harvest�ng of the weeds in sprar��, an� then instal3 the polyethylene material. Mr. Boyer stated Lhe ori�inal grant application was For $556,508 and the revised estimate is $3a2,700 so this is substantially lower than the criginal estimat-e. Mr, pureshi, Cit�� Ni�nager, �skeu about the possibility of obtaining a variance for the well, Mr. Boyer stated they are working with the DI3R on tnis natt�r ar_d wlli nct put it in unless required to do ao. Ae stated they arE, however, proceediug with the assumption there �tould be a well and the bzds znelt�de the cost of the we1Z. He stated if it isn't required, it could b� cie7ete at a later aate. CouneYlman Schneider statee Phase I was completed and Iiickok and Associates haEze been mon;tc�ring the lake anri quest,aoned what pragres4 has been nade, � � � � C[SNCIL MEETING OF JULY 2. 1484 Mr. Boyer stateci a report was done annuaLly anc i,here is sone iiotzceable difference in the lake quality, but nat substantaal. FIe s�ate� li� tHe original work plan, it was anticipated there caculci �e a redi,�eticn of a�eut 20$ in the phvsphorus. He stated the probleu� is cur�;ica� frum *he iab;e itself and the vegetation on the bottom. He siated ir is anticapaLec�, with the completion of Phase II, 80q tu 85� of thE �naspl,orus would be renioved, Councilman Schneider asked if the technical €�=�s �re being net, Mr. Boyer stated they are now, but it isn't shawn in the f?rst phase. FIe staTtd pau have to keep in mind it is a demonstratia�� pro,7eet aiid experiuental, � Couneilman Sehneider asked if Phase II prr�cee�s tsaiv x�ould the lalce bene.�i�. Mr. Bayar stated their pro,7ections are a 75� to �5� recluction in che prhosphorus which means the lake will no� Uecome t�arse anc coni;inue on a�ha� atruphie caixrse. Yr. Boyer stated the use af a liner t�as heen d�ne sevex�al tiiaes. He stuted the I009i publicized one is Lake Washingtoz� in i,he St�te of Washangi,on anc� �n that ease, they used an aqua screem ng. Councilman Schneider statad the summary poi:�ts out dr•ed�Yng is ezot rcquirrE�, but is of sose benefit. He questioned whai, �� lost hy not dredgzn�. Mr. Hoyer stated tney would be removing marc vreee� irom the lake by harvesting rather than dredging. He statec tnere Fax11 still iae some release of P�osphorus because oF the holes in the pla.tic. Councilmar. Schneider stated they arE estarnaiia� 10 years oi beneflt. He questioned what happens if enough silt filLer�s ii� ai�d buries tl�e pi�stac. N!r. Royer stated they know there will be soue rvn-ofY coming �'rc,c� the stcrin system and it might be possible that they wouid nav� tu go a.i� a�aan anG elean off the plastie. � Councilman Schne�der asked about significa*�L �or�g-tei•m nair�tei2az7ce c�sts in malntan9ng the aerator. Mr. Bayer stated p•�7u wovl� Lave tl�e expense cf runnin� a small compressor• and anotlier expe^.�se mi�nt be to run a p��np foi� the well. Mr. Boyer stated the DNR's interits is tu nave the t;icy pun�p waCer into che lake in the winter• months to cireulate waLer Let�,*een Lhe ea.t anct west bauins. Ee stated they felt by continuaily aduin� water, they x�ouin get less fish kill. Councilman Hamernik stated the polyethylene is less expens;ve thzn tne aqua screening, but yet the cost is higher. ?4r. Luyet� �,7,pi.ainad ttie cosi of $125,000 represents more than ,7ust the plastic anre sLalces arid inc•luaes edgin� and sl�oreline restoration. He statea tYeey were probabl�r a lzttle lotia in the cost estimate on the original phase. Mr. Boyer explained there would be a rnuita-eolorea �ianascagsr�g �^cck -1 0- � �� COUNCIL MEETING OF JULY 2. 1984 installed alqng the shareline. Councilman Schneider questioned Mr. Boyer 1f he was comf'orta�le the eost estimates weuld be close to the bid reeeived. Mr. Boyer stated he felt the estimates would ba fa�.rly accurate since they were prepared in the last several days. Mayor �ee questioned tkie City's investiaent in this project to date. Mr. Flora stated $112,35� was the original participation for Phase I plus � same additiqn�l easts ti*h3ch would bring the total to about $200,000. Counr.ilman �araernik asked the life exgectancy of the chemieal treatment in some areas o� the lake, i�r. �oyer stated the alum treatment 1s normally dane twiee u year�. He stated their estimated costs reflect two treatments and they wouTd da the entire lake. Couneilman Sehr,eider uske� if Hickok and Assoeiates is suggesting they do ths treat�ent every year. I�'ir. IIoyer stated the City may or may not do it. He stated they would he in a better pasition to know if it should be done yearly, a€ter xt has been applied, and water samples are checked. He stated the S�early cost ior treatment rrauld probably he about $5>000. Mr. Qureshi, City Manager, stated if' the Councll wished to proceed, they should a�prave the modified plan and authorize the advertising for bids. Mr. �ureshz, Csty Manager, stated, ori�inallq, when Phase II was presented, zt was going ta b� financed tax increnent monies raised by a proposed developsents in that area. I:e stated this 12as noi, happened and he assumes the Counezl would want to fic;ance Phase II through temporary inter�nal funding and then later be Pinanced by the tax incre�ent cnonies from the new developments. S�iO3IJN by Counciiman Schneider to approve tha modified plan for Phase II � restoration of Moore I,zke for an estimated anount of �39z.700. Seconded by Coixnoxlman Barnette. Counezlu�an Schneider stated P400re Lake is an asset to the City, however, at tlmes he l�as douhts whether they are spending the taxpayers' money wisely. He stated he is respeeting the technical �udgment of Hickok and Associates that this pro,7ect can be done anci didn'i feel there was any other aiternaiive thai2 tc+ proceed in order to keep this natural resouree. Mr. Bayer stated lt ss an experimental pro,7ect and they �re trying to ealeulate Ghe iczternal ano external releases, but there are also pluses and mznuses. Gour:cilman Schneider statec the Council knows what definitely will happen if sareeth2ng isn't done i;o restore the lake. L'ouncilman IIan,er��ik statec'� he l;as a little concern on the costs. He stated -11- � COUNCIL MEETING OF JULY 2. 1984 a plan sor an p�erall waLerways �nanagemeni Czasn'i, beer. addressen ioi� the City. He stated this pro,�,ect l�as b4en sign�iacanti�,r Liors exgensace tir, tlze Gity than ori�sinally antieipatea. He st�.tecl he had some unoo_a�orcabla feelings as to where this has gone. Mayar f3ee staied he sult all the Couneil r;ec��ers lzad i.i��se ��c-l�.ngs. UPON A VOICE VOTE TAKEN ON THd A�OVE C�10iI0N, C�uneilman SehneidEr, Councilman Barnette, I�7ayor Vae, ancl Cuu,iclisan L'ztzpriirzek voter� an favor of � the mation. Couneilu�an flamernilc votiea against the moticn. [�fay�r Nee dee;arecy cne mot�a�� carried by a 4 to 1 vote. 13. RESOLUTION N�. 77-1�04 OF;DERING IMPROVEMENT. @PPPGVIlL QF PLL�hdS hctuD OPUE1ISi"C ADVERTISEMENT FOR EIDS: ri100RE L�1KE RESTO:tA'�_G1v PRUJECT� Pi-iASi� ?I: MOSION by Couueilivan Se[�n�idtr io adopt I,esr�l�cz�n �da, 77-1984. �eeonleri ey Councilnan �3ariiette. [ipo�� a �oice vote, +;c�uacaa nai� ;ehneider, Ccu 2e, �m�n IIarnette, Piapor Nee, anci Cnuncilman FiL'z�ac.�;cic vote�+ in ^e��r�� c' i;he motion. Councilman Ilaciernil; vated againsz che .caiJ.oii. pia;;ror Nee declai�eci the motion oy a�; to 1 vote. 14. R�SOLUTION N0. 7fl-198�4 DIR�CTIIdG PREPARATIOti OF� ASS�SSMFNT RLLL FOi' STORi°I SEWER IMPROVEMENT PRQJECT iJO. 192: �°iuPiO?J by Couneilman Schnelder to adopt RP.507uL1OI1 i�o. '�F3-V98t4. �Seeoi�dpd oy Councilman Barnette. Upon a voice vote, a71 votang aye, Mayor^ i�lee rlerslared the motion carried unanlmously. 15. RESOLUTION N0. 79-1984 DIRECTING P[IBLICi1T10N OP IaPAH1N� DN 1';�aPOSRD ASSESSMENT ROLL FOR STORM SELdER IMPROVEMCNT PRQ�L'CT nic. i�z: MOTION by Councilman Schneider to adopt R�solutiar. DIa. 7g-19F3�. Seconceu by � Councilman I'itzpatrick. Upon a voice voLe, aZl vot,it.g ayE, h9ayor Nee declared the motion carriecl unammously. 16. RESOLUTION N0. 80-19$4 REOUESTING THE COUNTY OP !!NOt;A TO SvDUCC 1HE SPEED LIMIT ON OSBORNE ROAD FROM MONROF, STREET TO T�i71QK H1GI3Wl�Y �!7 (UNIVHRSiTY AVENUE): Councilman Hamernik stated there was conaern fram the residents iz3 this area that the speed limit was too high on Osbox•ne Itoad, EIe sr,aiec� the speed limit on Osborrie Road isn't consistent a: zr, as ;� mph from T, d1. 55 L� Monroe Street ana 40 mph from Monroe Street ta T. H. �17• HOTIDN by Councilman Hamernik to adopt Resolution Aic. 80-1�0�;. Secondec L-y Couneilman Sehneider. IIpon a voice vote, aSl �oting aye, P2aya: Nee declarec the motion carried unanimously. 17. RECEIVING BIDS AND AWARDING COn'TRACT FOR 1973� POLICE GA:iAGE STi)RAGE Ft1CTLITY (EIDS OPENED 6/26/847: -12- � �� COUNCIL MEETING OF JULY 2. 198k Mr. F1ora, Fublic Works Director, stated three bids were received for eanstructinn of the police garage and storage area. He stated the plans and specificataors did noL provide for the costruction of the driveway entrance off 5th Street. He stated PSonette Construetion, the low bidder, stated this item could be added at a eost of $8,740. Mr. Flora statea the b3ds were presented to the Housing and Redevelopment Authority ana Lhey received them and authorized Couneil to award the cantract to the lcw bidder, Monette Construction, with the ehange order for the driveway entrance off 5th Street. Mr. �iure�hi, City Manager, stated in this case, tYie Council is the acting ageet For the HRA and Chey are �iving Council the authority to award the aontract and approve the change order. N1r. �7ure�hi stated it is probably more practical for the City to pay for relacation of NSP's power lines and the HRA would then, in turn, reimburse tre CiLy this amount and this payment would go towards the City's share of this project. �lOTION by Councilman Schneitier to receive the bids. Contractor Bid Bond Amount Monette Construction 2G50 Whxte Bear Avenue St. Pau1, MN 5510y F7iteher Constructio❑ Co. 2730 Pdev�da Avenue No. New Hcpe, MN 554z7 kcton Canstruction Co. P.O. Aox 39i� Hugo, MN 55038 �39�+,700.00 �397,500.00 $464,866.00 Seeonded by Couneilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motinn carried unanimously. Pi�T2dId by CounciJ_man Sehneider to award the bid to the low bidder, Monette Construc¢ian Carupany, in the amount of $394,700 for the police garage and storage area in the Center City pro,7ect. Seconded by Couneilman Barnette. Uqan a voice voie, all voting aye, Mayor Nee declared the motion carried uzzanimausly. MOTSON by C�uncilman Schneider to approve change order No. 1 for the coastruction af a driveway entrance of'f 5th Street in the amount of $$,740 with Monette Construetion Company in con�uction with the Police garage and storage area in the Center Caty pro�ect. Seconded by Councilman Barnette. Upon � voice vote, all voting aye, Mayor Nee declared the motion carried unan�mousZy. -13- � � � r� � � � • � y_ � •: 18. CONSIDERATION OF TEMPOHARY TENT PERMIT FOR SRS'� PRGD CE RANCH• P4r. FLora, Publie Works Director, stated Pir. Schroer oi' Bob's Pruduce Fanch has requested a temporary tent permii. fron� Ju2y through GctoLar in conjunetion with promotions at his store. MOTION by Councilman I�amernik to grant the temporary� teat pernii� requested by Mr. Schroer. Seconded by Councilman F�izpatrick. Upon a voxee vote, all voting aye, Mayor Nee declared the motian earr•ied unaninously. 19, LICENSES• MOTION by Councilman Barnette to approve uLe licer.ses as submitted aud as cn file in thE License C1erk's Offzce. 9ecencled by Couneiiman SeRne�dea�. Upon a voice vote, all voting aye, Mayor A�ee declare�l the motion carraeu unanimously. 20. FSTIMATES: MOTION by Councilman Fitzpatrick to apprc,ve the estimaties as suUr�itted. Herrick & Newman, P.A. 6279 University Avenue, N.E. Fridley, MN 55432 For legal services rendered as City Attorney for the month of May, 7984 Smith, Juster, Feikema, Malmon & Haskvitz 1250 Duilders Exchange Bldg, Minneapolis, MN 55k02 For le�al services rendered as City Prosecutor for the month of May, 19�� Park Construetion Cor�pany 7900 Beech Street Fridley, [�1 55432 FINAL, Payment Demolitian of Building �k3 Demolition of Building 465 Ted Renollet 9z7 Andover Road NE Anoka, MN 55303 FINAL Paynient Demolition of Building 4k2 Demalition of Building 464 $ 6,665.t7D $ 5,DOO.UQ $11,R6�.OG � 1.Q00.00 _ � t�_ :p 2 . �4 96 . 7 G � 6,012,50 °�, 11,665.D0 '� i?_,k60.00 �4 �� a r", �y COUNCIL MEETING OF JiiLY 2. 1984 21 22 P. F. Jedlicici, Inc. 1U2D3 bd. 62nd St,reet Eden Prairie, MN 553�+� Pro�ect ik145, 4later & Sewer Improvement E. A Hickok anci Associates, Inc. 545 Snc'iian Mound �Iayzate, MN 55391 Moare Lake kestor�ation Pro,7eet II H & S Asphalt 7GQ Sndustry Avenue NW Anoka, I�A1 55303 $ 36,404,55 $ 5,35B.76 Partial Estimate No. 1 Street Tmprovement Pra,7eet No. ST 1984-1 & 2 $173,614.06 CLAIMS: MOTION by Councilman Barnette to authorize payment of Claims No. 163A30 throu�h 1�1M73. Seaonded by Councilman Schneider. Upon a voice vote, a11 voting aye, Mayar Nee declared the motion earried unanimously. CGN,MUI3ICATIONS : MARY LOU ERICKSON: RE6UEST FGR WAIVER OF SPECIAL USE PERMIT FEE: MOTSON by Councilman Fitzpatrick to recaive the letter dated June 26, 198�+ from h7ary Lau Ericksan. Seconded by Councilman Schneider. Upan a voiee vete, all votxng aye, Mayor Nee declared the motion carried unanimously. Courcilman I'itzpatra.ek stated there was a�200 fee fnr the special use per�r�it and tPiis comes alor� with the faet that the garage is xn the flood plzrn. and is more expensive to Lauild. He stated with the additional eost of constructing tk�e garage, plus thp fact that the City has encouraged thxs particul�r garage in order to get some items under cover on the property, Ms. Erickson has requested the special use permit fee be waived, Ms, Erickson stated she felt the $200 fee is excessive for the speeial use ge r�sa t . I�IQTTOAI by Couneilman Fitzpatriek to waive the special use permit fee of $200 as requested by �4s. Erickson. Seconded by Councilman Barnette. DPUiv P VOSCE UOTE, Cauncilman Fitzpatrek and Councilman Barnette voted in favor of the motion. Mayor Nee deelared the motinn failed hy a 2 to g vote. ADJOURNMENT• P401I4N by Couneilman Schne�der to ad�ourn the meetin� -15- Seconded by � � � � � � � � �: Councilman Barnette. Upon a voiee vote, a23. catiri�r aye, Mayc�r Nee d�r.lared the motion carried unanimously and the Hegular Neetin� of the Fridle;� Citg Council of July 2, 198�i adjourned at 1G:D6 Ia.ui. Respectfully submitted, `� CL,c .r� �-s-�tc�s�{ Carole Haddad Seeretary to the City Couneil Approved: �uly 16, 1984 -16- �_�r �i �� " � ✓{C�" � J � `" � �3i11i� J. Ne�/ Ma,�ar ��