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10/01/1984 - 00012136�� 1 � ' � �_:� � . • .I • !�_ a! 4 �� i� _ • ��J� .., - - The Regular meetiny of the Frzclley C�.ty Council was called to order at 7:30 p, m. kry triayor Nee. � �� • a P7ayor Ne2 led the Council �sid audience in the Pledge of Allegiance to the Flag. YOLL C11LL. MCN�ER: PF:ESENT: Mayor Nee, Councilman Barnette, Councilmari � Schneider, Councilman Hamernik and Councilman Fitz�trick t�7EhBERS AESECJT: None APPROVI�L OF t�JINUTES• �UNCIL MEETING. SEPTFr��ER 24� 1984: MbTION by Councilman Schneider to approve the minutes as �resented. Seconded by Councilman Flamermk, qpon a voioe vote, all voting aye, rIayor Dlee declared the notion carrieci unammously. �� • � u� Mayor Nee requested the following items be added to the agenda: (1) Consideration of a Resolutior� Supporting a proposal for a Regional �eedskating Facility in the C1ty of Rosev�l.le; (2) Consideration of a Bingo License fur Fridley Alanon Society of N.E. Suburbs and; (3) Consiueration of Estunate No. 3 from N�onette Construction for the Polic� Garage. MOTION by Co�uxcllman Schneider to adopt tl�e ager7da with the above additions. Sewncled ty Councilman Barnette. Upon a voioe vote, all voting aye, MayoL � I�ee declared the motion carried unarurnously. OPEN F RUI�I, VTSIT6RS• Mr. Joe P"_�enth, ]388 66th Avenue, stated the new street behind his home, Creek Fark Lane, will be completed six or seven feet below the property grade and clrop off at a 45 degree angle arad he didn't believe it would be slopea enough �.n oraer for hin to maa and ma�.ntait� it. t'rr. Qureshi, C�.ty Nanager, stated the xoad would be graded so HYr, Menth mula reasonably mai.ntain it anci staff wi11 check with N'�r. Merith to see wk'iat we would like. • r N•��va�Ti�ac� 1. PUBLIC IIE1�btING ON P,EZONING REOUEST. ZOA #84-03 FOR GODFATHER' S PTZZA, AT 5151 CE;NTI.'AL AVENOE N. E. , BY RALH3 ALeLEEBII: -1- � �� 1� _ _V!� - �,. � �iM�1�i: • NI�TTON by Councilman H�nernik to waive the readinq of the public hearing notice and open the public hearing. Secondecl by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing openea at 7:38 p.m. Mr. Flora, Public Works Director, statec� this rezomng request is for property located south of 52nd and east of Highway 65. He stated the request is to rezone the proFerty frcm C-1, local business to C-2, general business so a portion of the building, currently occupied try Great �merican Music, can be corroerted into a restaurant for Godfather's Pizza, � Mr. Flora stated it is proposed Godfather's Pizza would use about 3,200 square feet of this building and the rezoning is necessary in order to operate a restaurant at this location. Mr. Flora stated, if the rezoning is approved, there would be �oome improvanents to the property to extena the lanascaping and bring the g�rking setback farther off 52nd. He stated the parking would be sufficient for both uses. Mr, Flora stateci the Planning Commission xeconmeridec� approval of the rezoning with the stipulations that approved 1Zndscaping ana irrigation plans be sukznitted for this property, Councilman H�nermk stated the drivc�vay to the north has a steep incline and asked if this would be altered. Mr, Flora stated the width of the drivEtaay would be reduced to 32 feet and sloFed to the street and would be irnproved because an additional eight feet of setback would be added. Councilman H�nermk asked if the �rking lot would t�e redone. Mr. Qureshi, City Manager, stated there would be added parking on the east side, He further stated there is a"L" Shape piece of property between this builc7ing , and the aFartment building to the east ancl, if this property is rezoned, he felt this p�rcel should prwide parking neeGS for the apartment and this establishment. He stated srnle of the property between this establishment and the ap�rhnent house may be needed for a buffer ancl lanasca�iny. N�r. Sid Roth, Construction Engineer for Godfather's Pizza, appeared before the Coimcil regarding their rezoning request. Mr, Qureshi asked Mr. Roth what kind of traffic is generated by Godfather Pizza. Mr. Roth stated it would de�end on t17e time of day, as certain times are peak periods. Mr, Qureshi asked haa many custaners thEy sexve a day, Mr. Roth stated he mulchi't answer the question at this time, but could find out. Councilman Hamernik asked if there would be a �oint use of the parl:in9 by Great American Music and Godfather's Pizza. Mr, Roth stated both the establishments would use the same parking. FIe felt there wouldn't be a -2- � N J� W 7J 1� • �.MU':91G problan, as their peak periods are @i.fferent fran Great American Music's. Councilman H�nernik asked haa many new g�rking sg�ces would be added and if it would help alleviate scane of the parking problems when Great American Music is having ticket sales. Mr. Roth stated there would be �rking all around the building and, with narraaing the driveway to the north, he felt this would help. Mr. Flora stated approximately 22 adclitiona7. �rking sg�ces would be added. P7rs. Breza, 5221 Capitol Street, stated she felt Godfathex's Pizza would be � a good addition and was in favor of the rezoning. No other �ersons in the audience spoke regarding this proposed rezomng. M�TION by Councilman Hamernik to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declarecl the motion carried unanimously and the public hearing closec3 at 7:50 p.m. Mr. Roth inolicated Godfathers P1zza was interested in starting the outside unprovanents while the weather was still good and asked if a permit for this work oould be obtaineci. The Council was polled and each member was in favor of this rezoning request. 2. PUBLTC HEARTNG ON ASSESSMENT FOR SEWER MAINS, LATERALS, AND SERVICE CONNECPIONS: NDTION }� Councilmar? Barnette to waive the readinq of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, a11 voting aye, Mayor Ivee declared the motion carried unanimously and the public hearing openeci at 7:52 p.m. Mr. irffnan, City C1erk, stated this is the annual sewer and water assessnent. ' He stated each of the properties has connected to City water or sewer or both without having previously paid a lateral charge. He stated all property aaners irivolved in this assessment roll have signed agreements agreeing to the principle of these lateral charges. He stated the assessment will be spread over a 15 year period at an interest rate of 9-1/2 percent. No persons in the audtence spoke regarding this proposed assessment. NDTTON by Councilman Fitz�trick to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:54 p.m. 3. PpBLIC I3E11RING ON ASSESSMENT FOR SANITARY SEWER IMPROVEMENT PROJECT NO. 142: -3- � � 4 � � �� 1, lii a% 1�, � �_«��i a�c I�TION by Councilman Schneider to waive the reading of the public hearir.g notice and open the public hearing. Seaondeu {� Councilnan H�nernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:59 p.m, Mr. Innan, City Clerk, stated this sanitary sewer improvement proJect irn�olves the construction of a sanitary sewer lateral for the pro�erty located between 72nd and 73rd Avenues on cl.e east sicie of �? No. G5. He stated the total wst of this sewer lateral is $6,175 which will all be assessed to the corner portion on 73rd and TH No. 65. He s�a�ea the improvenent will sexve the new Super-America store at 7299 Highway 65. Mr. Irmian stated the imprwement was pet�.tloned for by the pro�rty owner and the assessnent will be spreaa over a 2b year period at an interesc rate of 9 1/2� . ATo persons in the audience spoke regarding this proposea assessnent. NT�TION }� Councilman Barnette to close clZe public hearing. Seconded by Coimcilman Schneider. Upon a voic�e vote, a11 voting aye, Mayar Nee declarec: the motion carried unammously and the pubiic hearing closed at 7:55 p,m. PUBLIC HEARING ON ASSESSMENT FOR WATER AND SANITF�RY SEWER Ib4PROVENENi PRQ7ECP N0. 145: NDTION by Councilman Schneider to waive the reac3ing of the public hearing notice and open the public hearinq. Seconciec� er� Coumlman H�nernik. Upon a voice vote, all voting aye, Mayor Nee declareC the rnotion carried unanimously and the public hearing opened aL 7:55 p.m. PSr. Irianan, City Qerk, stated water and sanstary sewer improvement pro�ect No. 145 involves the construction of water anci sam tary sewer laterais, seivices, gradtng and other facilities located on 66ih Avenue, Creek Fark Lane ancl Arthur Street to facilitate the develognEnt of two n�v plats, Creek Ridge and Hldden Woods. He further stated this pro�ect also covere �ewer work in the area af Hlst and Untversity Avenues. P4r. Irman stated the total �st of the pra�ect was $155,930.23 and will be assessed over a 20 year period at an interes� rate oi 9 1/2�. b7r. Irman stated the total cost for sewer and water laterals on 66th Avenue {Creek Ridge Plat) is $41,889.76 divided by 14 Iots or $2,992.13 per lot. The total oost for water and sewer laterals on Arthur Street (Creek Ridye Plat) is $12,249.90 divided by five lots or $2,449.98 per lot, The total cost for water and sewer laterals on Creek Park Lane is $33,649.30 divided kr3 ten lots or $3,364.93 per lot. The total cost for water and sewer on Creek Park Lane (Flidden Woods Plat) is $35,334.90 with the cost of sewer cU.vided ky nine lots at $1,963.05 and che cost of water dividec3 by seven lots at $2,523.93 per lot. -4- ��^��JL�+ �t��l 5. [i��ij� w a� .. • �.wu: : �ZP�] The total cost for water and sewer laterals and seLVices on Creek Park Lane for the proposed paxk segment is $22,604.56 with the cost to the park property of $3,767.43 or $1,883.72 per lot. The cost of these laterals to propert�es on the north is $18,837.13 or divided by five lots would be $3,767.43 per lot, N3r. Trnnan stated the assessnent for the sewer izne to these properties on the north will not have the assessnents plus interest actually l�vled until the lots are developea. He stated these �rcels are Auclitor's Su6division No. 10, Parc�ls 1620 (two building sites), 1640, 1660 and ]680. Mr. Trunan stated this irnpravc�nient also mvers a s�aer line for Midas I�1uffler at a cost of $2,328.63 arid a sewer l�.ne for the golf driv.uzg range at a cost of $4,657.38. Ne stateca the assessment for the golf driving range plus interest will not actually be lEVied until the lot is d2veloped. Mr. Iranan stated the improvenent also �vers a water loop between Friall.ey and Anoka Streets at a cost of $7,215.$0 which is to be paid from the Uta.lity Fund. I�o persons in the aud�.enoe spoke regarci.ing these proposed assessnehts. Ni�TION by Councilman Schneider to close the public hearinq. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously and the public hearing closec3 at 8:00 p.m. 41�-- • i •. ...�j� � •�� :� � � n � � � a i� � • i� - I�TION by Cbuncilman Fitz�trick to waive the reac3ing of the public hearirtg notice and o�en the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously and the public hearing opened at 8e00 p.m. ro�ect ST 1984-1• P'fr. Irman stated the first portion of this pro�ect oovers the east service Grive on Td3 No. 65 betwen 72nd and 73rd Avenues. The total cost is $58,656.80 with $32.847.81 to be spread to the north port�.on of the lot and $25,808.99 to be spread to the south portion of the lot. �ro�ect ST 1984-1 (Addendum No. 21: Mr, Tranan stated 1984-1 (Addendum No. 2) covers the improventients in the Creek P.idge Plat try Tan Brickner and the improvements in the Hiqden Woods Plat by �n Blanberg. He stated the cast for street improvements on 66th Avenue are $2,944.71 per lot and $720 per 1ot for storm sEwer. The cost of storm sewer improvanents on Arthur Street are $720 per lot. The cost far street unprwanents on Creek Park Lane (Creek Ridge Plat) are $3,839.82 per Iot �nd $720 pei lot for storm sewer. -5- � � �I � I �J � � � V�.r ..._a� ,�� _ _ • ._.�.,: �- The cost for street imprwanents on Creek Park Lane (tiic3den Woods Plat) are $6,243.24 per lot and $933.34 per lot for storm sewe�. The cost on Creek Park Lane for the proposed �rk segment is $�,543.44 for each outloi: for street surfacing. The �ark property has no assessnent for storm sewer as there will be a holding pond. He further stated the cost oP street surfacing to properties on the north side of the street is $3,017.38 per 1ot; cost of zight-of-way for these propert�es is $1,28D per iot; and cost of storm sewer to these prope�ties is $9Q7.20 per lot. Mr. Iranan stated the assessments for street euriacing, right-of-way, and storm sewer plus interest on the lots on the north sicle of the street wiil not have their assessnents actually leviect until such time as lot splits are requested and approved to create nEta builcl�.ng sit�s, Tbese are Parcels 1620 (two 6uilding sites, 1640, 1660, and 1680 of Auditor's Subc�ivision No, 10. Mr. Iranan stated the assessnents for pona imprwanents are to be �id per an agresnent between the City, Mr. Erickner, and Nir. Blomberg. He stated or�third of the total amount, $]0,000, would be F�id f rom the Park Fund, onrthird paid by Mr. Brickner, and one-tt;� rd paid by t�ir. Blornberg. Mr. Blanberg would receive a creciit of $667.00 which resi,fl.ts in an assessnent of $114.95 per lot for Mr. Brickner's plat ancl an assessnent of $296.26 per let for P7r. Blanberg's glat. Councilman Fitz�trick questioned the depth of this ponaing area. I�r, Flora stated with a vety intense long &uration rain it probably wouldn't be over two feet ancl, with normal rairs all, it would probably only be inches. Councilmar! Schneider stated he felt the city went through plans over anc7 over and aoquired property so there wouldn' z be ariy �onc7�.ng area. FIe stated this cnesn't have ariy bearing on the assessnent, but he relt a lot of- work had been done in order to eluninate any pancl�.ng areas. Pro�ect ST 1984-1 (Addendwn PIo. 31 : Mr. Tranan, Ca.ty Qerk, stated this unprw�nent oovers street surfacing and concrete curb and gutter on Capitol Street iron D1ain Street to HugY�es Avenue. He stated the front foot assessnent rate is $37.85 per foot �r.d tlie side yard assessment rate is $7.14 per foot. The total cost for thas project was $47,918.00. Mrs. Dorothy Breza, 5221 Capitol Street, stater� she was appearing on behal.z of P7rs. Haze1 Osfar who was out of town and left a 7 etter with her to be read to the Council regardinq this pro�.ro sed assess7nent. The letter whic'rt she read stated i7rs. Osfar had already been assessed for the front and side yara of her lot at 5180 Hughes Avenue. These ranarks were inc;orporated into the minutes during the adoption of the reso3ution (Tt�n tdo. 18). NJrs. Breza stated, from what she understands, Ms. Osf ar's home actualYy � A � �� J� 171 � � �5��: � j , fronts on Hughes, haaever, the C�.ty maps show her as fronting on Capitol 5treet. She stated Nirs. Osfar was assessed ten years ago and understands she again would be assessed for 93 feet. She al�o wanted to know if she would be charqed for the new curbuig. Mr. Qure..hi, City t�anager, stated P1rs. Osfar would not be charged for the curbing which was replaoed on Fluges. Mr. Irman, City CLerk, stated Nrs. psfar's lot is being charged for 93 front feet as this is the narraa sicae of the lot, He stated, in reviewing the assessnent for improvenents under Pro7ect 1978-1, this p�rcel was t;harged as � if its side yard was abutting Hughes Avenue and its front yard abutting Capitol Street. He stated, at that ta.me, this property was charged a side yara asses�nent for onrthirc! of the balance or 45 f-eet, therefore, this property has not been charqed for a front yard assessment. He stated the G.ty's �olic.y is the narraa side is cons�.dered the front yard which is to t�frs. Osfar's ac�aritage. Mr. Harold Stevens, 5228 Capitol Street, asked about the method of paying the assessnent. Mr. Qure:�hi, City b'lanager, stated Nir. Stevens would have 30 clays to pay the assessnent. If he does not wish to pay it at this time, it would be certsfied to the county and the first p�yment with interest would appear on the tax stat�nent for 1985. Mr. Stevens asked wheri the street would be completed and when he could have his yard light fixed which was broken when the� renoved a tree. Mr. �ureshi stated lthe street wowld be blacktopped this week and most of imgrovement should be completed this month. Mr. Qureshi advised Mr. Stevens his lic�ht would be iixed to his satisfaction. Project ST 1984-2: 77th Avenue (Railroad Tracks to Main Street (MSAS1: Mr. Tnman, City Clerk, stated the street width was increased four f eet and � concrete curb and gutter installed on the south side only. He stated the front foot rate is $28.36 and the balanoe of the cost of $18,219.25 is to be �a3d fron State Aid Funds. The total cost of this pro�ect was $43,090.97. 73rd Avenue (MSAS1: Mr. Irrnan, City Qerk, stated reconstruction and wideni.ng of the street and concrete curb and guti:er were uistalled frcm Able Street to ZH No. 65 on the south side only, and frcm gI I�o. 65 to Central Avenue on both sides of the street. He stated the total cost of the unprovenents is $291,260.10 and the City is going to ass�une onrthird of the wst. -7- � .., �� ,. • ...�.: �• North side of the Street• Mr. Itntan, Gtty Qerk, stated construction casts ior the north side of the street were $76.46 per front foot, with on�third of the cnst of $29,868.44 to be p�id fran MSAS funds. He stated the balance o� $59,736.8� is to be assessed at a front foot rate of $50.97. South side of the Street: � Mr. Iranan, City Qerk, statec7 construction casts for tlie south side of the street were $87.60 per front foot, with one-third the cost of $67,218.38 to be �aic3 fran b'1SAS funds and the balance of $134,436.44 is to be assessed, resulting in the wst to the cwners of $58.40 per front ioot. He stated sidewalk was installed frcm Able Street to Stinson Bculevard on the sauth side only and Onan will be assessed for the sidewalk at a f-ront foot rate of $11.15 or $28,990.00 and the balance of $32,084.13 is to be �id fran MSAS f�ds. Mr. Harold Haluptzok, pro�erty aaner at 1241i 73-1/2 Avenue, stateca he has na acoess to 73rd Avenue. He stated he was led to believe at the hearir.g on this improvanent, he would be assessed on�-hal.f the normal assessnent since he has no access on 73rd Avenue. He stated he has checked with the City and found this isn't the case. D4r. Qureshi, City Manager, stated the City coulcl provade access to 73rd f or this proFerty, if Mr. Hal.uptzok wishes to c�c, so, Mr. Haluptzok stateci he p�id the full assessnent for 73-1/2 and now to pay wer r13,000 in assessnents for a street for which ne doesn"t have access, he felt this was wrong. He stated if the City wGuxtea to give hun access ro 73rd, he would glac�y �y the assessnent, Mr. Qureshi, City Mar�ager, stated if it is t�tr. Faluptzok's desire to have access onto 73rd, the City would provide it at the same assessment. He � stated the City would provic3e an opening and approach and the awner would be required to provide the fencing and gate. Mr. Haluptzok is to contact staff as early as pcssible to 2et them know where he wishes the driveway be located. � No other persons in the audience spoke regarding these proposecf assessnents. Nt7TION by Councilman Schneider to close the public Ybearing. Seconded by C.ouncilman Barnette. Upon a voice vote, aZl voting aye, Mayor Nee declared the motion carried unammously and the pubiic hearir.g closed at 8:35 p.m. • � : i 6. CONSIDERATION OF VARIANCE RD�UEST � RIDUCE THE STDE YARI7 S�TBACK A�' 5900 MAIN S'iREET N.E. BY GERAI�D H. JOHNSON (TAIiL,ID 9/24/841 : N�r. Flora, Public Works Director, stated tY�e aaners cf this property wish to � �� . � � �� _y, • • ��1: + • � oonstruct an addition to an existing building and to align the addition with tlie south wall of the bailwng. He stated the zoning code requires a 20 foot setback so they are requesting a variance to reduce thYS requiranent to five feet. Mr. Flora stated the A�peals Commission recommended apprwal oi the reque�t with the stipulations that the south wall of the new addition be a 4-hour rated fire wall ax�d the e�.sting south wall be upgraded to a 4-hour fire wall and ariy operungs in that wall be upgraded or renoved. Mr. Paul Holbrook, Vice President of Johnson Wood Products, statec3 they ' wished the varianoe to keep the builc3ings in line on the south side in order to provide a wntin�us flaa of work for their operation. Mayor Nee felt the solution would be to buy additional property to tl�e south so a variance woulch�'t be necessary. 1�7r. Holbrook statea the� tried to purchase additional land f rorn Burl ington Northern several years ago and they couldn't get them to respond to their P6�U2ut, He stated they wanted the adcl�.tional property to p�zt in a service drive at that t,inle. He stated now they Y,ave an agreenent, however, with Siemer Pump to use a cnnuaon driveway. Mr. Qureshi, City Nr�nager, stated only 15 feet would be needed in order ta neet the setback re�uiranents, and he felt it would be best to see if the raslroad would be willing to sell srne property so the setback requirements wuld be met, NDTION by Councilman Fitz�trick to table this iten to be brouqht back after the adnu�istration and the pet�.tioner have contacted the railroad and made an att�npt to purchase land to the soutri. Seconded k� Councilman Schneider. � Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unammously. 7. RECETVTNG STATEMIIIV`r OF C11NV1LS5 FOR THE SEYPF�ER 11. 1984 PRIMARY ELECTION ( T[�13LID 9/24/84l : NI�TIUN by Councilman fI�nernik to receive the Statement of Canvass for the Septenber 11, 1984 Pcirnary Election as on file in City Clerk's Dffice. Sewnded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, P�yor Nee c�clared the mot�.on carriecl unammously. 8. CbNSIDERATION OF APPOINTNIIIVT TO COMMUNITY DEVELOPMENT COMMISSION fTABLED 9/24/841: b9�TiUN bp Counclman Schr?eider to table this item. Seconded by Councilman H�nernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unarumously. '�'L � •� 1� �i � • �.��J� 9. RECEIVTNG AMENDED OPINION FROM CITY ATTORNEY REGARDING GOLF' COURS� INITIATIVE PETITION (FROPII�ETING OF 9/24/841: NDTION by Councilrnan Schneider to receive the amer�7eci op�.mon frau the City P.ttorney regarding the golf course initiative petition. Seconded by Councilman Barnette. Upon a voiae vote, all votiny aye, P7ayor Nee declared the motion carried unammously. Councilman Barnette stated there was a quesLion on the term revenue bonds � and the City Attorney made a determination as to what that neant. He stateci two types of revenues bonds were discussed at the last meetzng, however, he questioned the def initi�n of aross reveriue bonds. Nir. Herrick, City Attorney, stateci the cancept of a reaenue bond in its pw:e form is a bond issued and security for the oond anci thc incorne frorn the project or seivioes is pledged. He stated, ii you cx�uld sell that type of band and, i£ the inoome wasn't sufficient, then the bondholclers oniy cYioace woulc] be to foreclose on the bonds and, depenciing whether at was backed I� a mortgage, property coul.d be taken, but the city couldn't be forced to levp taxes to oover the deficiency. He stated that is a pure revenue bond. D7r. Herrick stated there is a revenue 6ond that primarilg pledges cl-se revenue of the project or sexvices, but there is a provision if the revenue is insufficient, the Citp will make up the c�eficiency L� levying taxes. It is a bond backed by the full faith and crer7it oi �he t'a.ty. Nlr. Nerrick stated the gros� reaenue bond is a bona ihat is authorized by the statute cited in the orcl�.nance that is hali way between the two �ust described, He stated this bond is backec7 by the c�ross revenue oi the pro�ect. He stated if you were talking about a golf course, 100a of all oi the fees that were charged to golfers and arn� xncome coming fron! ooncessions or cart rentals, etc. or inoome fran the gro�ect, would be guaranteer7 to the �ayment of the bondholders. If this incon�e was su�f icient to covex the � bonds, then you oould not use ariy of the gross reven� �or other e�cpenses. He stated the statute states the Council � agree, iP those bonds are �ld, to levy taxes to cover any deficiency in operatiari. It would be ievying taxes not to psy the bonds, but to pay deficiencies in otkier areas. He stated, on the question of using the imtiative process in the Charter as it apgl.ies to this pro�ect, if any yuarantee is made kr� l-he Council that wculd rea,uire or might require the use of the taxing power of the City, he f eels that is in conflict with the Charter. The pure revenue bond wouldn°t mnflict, but the other two, whether the3 are general obligation or gross rwenue bonds, �i there v�ould be arn� pledge on the Council's p�rt that tney would use taxing power, there would be a�otential probl mi witri the C7�arcex. Councilnan Barnette stated, in going back co the ogiginal ordinance, he asked if the Committee for the golf course cou3ci go ahead anc3 start circulatinq the petition. Mr. H�nermk stated there wouldn't be ariy restriction on than circulating a �etiti�n. He stated if it was brought in, as it was written, anci assiminc� -10- � 1 l�.� �� .� �> ,i f � •� I • �i�y� : enough signatures are obtained on the petition and, asswning an election was held, and a rnajority vote cast, the problen that would have to he resolvecl is what is meant by the ordinance. Councilman Barnette asked if the ordinance was rewritten and a statement merely Rade that the financing of the golf course would be at the cLtscreti.on of the City Council, if there would be ariy problan with that statement. He stated he felt the people who wrote it intended to be as specific as possible. Mr. Herrick stated, if a ma�ority of the Cr��ca.l approved it, and within the � lunitations the Council has for expending money, it would be like an}� other pro�ect. He statea, as the� are attan1ating to proceed on the basis of the irutiative petition, against the wishes of the ma�ority of the Council, he clidn't see wl�ere it would get ariywhere. He stated, obviously, if a ma7ority of the Council wants to do it, you wouldn't have to go through this process. Councilman Barnette statecx if the section in the ordinance on how it was yoing to be financeci ��rati �� - ^ui- an.a �+- mPrei�� ,tate� tl�at ii the r2f�rEndum Wni�l r! ia��s the fnanci nn wnt�l r7 ha 1�t ��p t0 th2 �i tv r'�llnci 1 h2 aSkad 1r thera wac arn�t}Z1nn ill�aal al-v,��i- it Mr u�rri�l�, 5tacec� there i� n�thana Llleaal hut he r7irin't fPel it �.rni�lc� i'�rr� t-he ��unr., I ro srnnd mnnev aaainst t-he wi�hes nf the n�a��ritv nF i-he r'ntmC� 1 � p nn.�Tr�nr�l•z• �v� a� SE nmrmrnv: rzvc� vrm�, m t'f1R mriz' c+TCI+Tr �'�F1R 1985 • NDTION by Councilan Schneider to waive the second reading of Ordinance No. 818 and acbpt it on the second reading ana order publication. Seconded by Coa,ncilman Fitzpatricic, Upon a voice vote, all voting aye, Mayor Nee cZeclared the mota.on carried unammously. NE4� BUSTNESB: •� � • • • ••�_ n • •��_ 4,. ' � 4 •�� • � M ` �I' 711 • • ••.• • • F_. l _ i Mr. Jim Hill, Public Safety Director, stated this ordinance is beirg proposed upon the recommendation of the Assistant City Attorney and the Cnunty Attorney's Office in order to simplify the public nu�.sanoe abatement process. He stated the current 1905 statute is extr�nely difficult and almost Lmpossible to enforce. P7r. Hill statecithe proposed ordinance provides that upon cormiction of tkrree prostitution arrests over a�riod ci three years, it would be conclusive evidenoe as to +17e existence of a public ntu sance as it relates to a house of prostitution. He stared it is hopecl this ordinance would yreatly reau� the tane ancl costs to the City to wrrect a situation that is currently eY.isting in rYie Ca_ty. Mr. Hill stated the3 wishecl to revi�a the ordinance turtYrer to refine it -11- � �� , �i_.� _ � �1��,: a�; before the sec:ond readtng. He stated the ordinance was origina3ly draiied Ix the Hennepin County Attorney's office. Councilman Schneider asked if the ordinance isn't adopted, what is che process which must be follaaed. Mr. Hill stated underoover officers would Yxave to be ac3quired to contuivally make arrests and hope the County Attorney's ofiice would pursue a public nuisance abatenent. � He stated it is an extranely long, drawi� out process under tYte present statute. Ni�TiON by Councilman Hamermk to waive tl�e fiYSt reading and ap�ro�°e the orc�i.nance upon first reading. Seconded by Caunciir�lan Barnette. Upon a voice vote, a11 voting aye, Mayor Nee declared the notion carr3ed unanimously. ��e_ � �� • • ��•• �, i •• • •;�_ a � • • �� '��:__ �/ � �� _ '� Mr. Flora, Public WoYks Director, stated wl'een Orcl�.rt�-u�ce No. 813 was aqoptea on may 21, 1984, tYte alley to be vacated was listed as 12 feet and thl: should have been 16 feet. ADTION by Councilman Hamermk to amend Orcu.nanc� No. 833 by making a change irom a 12 foot to a 16 foot alley and co order rc publication oi the ordinance as correctecl. Seconded by Councilman Fitz�trick. Upon a❑aice vote, all voting aye, Mayor Nee declared the rnotion carried unammously. �� _ � • � •_ �. 4��1 � ��?!�. • ' � • � • •.,,' � �� I1�,1 • •',_ •• .j� �,� `C NDTION by Councilmari Barnette to apprwe tYae ayreanent between ilie City and the Anoka County Communication Workshop, Tnc, ior 1985. Seconaea by � Councilman Fitzp�trick. Upon a voice voce, alI vo�ing aye, Mayor Nee �declared the motion carried unammously. Y - �� ,� • � �_ � �� ,�i �� •: � Mr. Flora, Rabllc Works Director, stated bids were opened for the sale oi certain properties owned l� the Ca.ty, YYOW2VC-Yr the �ids ap�ar to be laa �nd it is recommended thEy be rejected. He stated stafi ��ould like to negotlate the sale of these properties as it was felL rhe bids should be kngher. NDTION by Councilman Schneider to receive the bids, Legals of Public Properties That Could be Sold bv the City 1. Lot 14, Block 1, Blanberg Estates 2. Lot 15, Block 1, Blcmberg Estates 3. Lot 16, Block 1, Blcsnberg Estates -12- � �4� � �� +�: ��.1,. I � � �yll �a: � 4. '1$e 4dest 80 feet of the south 150 feet of Lot 6, Auditor's Subdivision No. 129 5. Lot 1, Block 7, Edgewater Gardens 6. Lot 2, Block 7, Edgewater Gardens 7. Lot 3, Block 7, Edgewater Gardens 8. Lot l.l, Block 2D, Fridley Park TAT SIZE 1) 75'x136.88' 2) 90'x136.88' 3) 75'x136.88' ar sa�xiso.00� 5) 89'x142.00' 6) 88'x142.00' 7) 88'x142.00' 8)*40x126.00' [?F9ii it�l:4Y�� =\�'+ia�y��i)� (9�UARE E�OOTF'GE) T1IXABLE VALUE SEALID BTAS RE(EIVID 9/14/84 2:00 P.M. (10,226) (12,319.2D) (10,266) (12,0007 (12,638) (12,496) (12,496) (5,040) *Sub-Standard I� ityself 17,200 18,500 17,200 i�,2oo 17,900 17,200 17,200 600 Robert L. 47k�i.te $15.100.00 $15,100.00 $15,100.00 $ s,ioo.oa John hiurphy $13,561.00 $16,301.Q0 $14,561.00 ; s,sz�.00 $11,396.00 $15,157.00 $10,952.00 Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor D?ee declaxed the motion carriec? unan�.mously. Ni�TION by Councilman Schneider to re�ect the bids for the sale of these public progrties and authorize staff to negotiate for more favorable bids. Seconded by Councilman Barnette. � Mr. John Murphy, one of the bidders, stated it was hard to establish what the City was looking for as £ar as a fair price, He felt, based on what iots are selling for in the City, a few of the higher bids should be � acceptable and in the best interests of the City to sell the lots so they can be built on and put back on the tax rolls. Mr. Qureshi, City Nlaraager, stated staff felt the bids were quite low and perhaps it was the timing and they should k�e sold in the spring. He stated, in any case, it was felt the bids shauld be higher. Mr. Merl I�er�i.ng, 831(J Pleasant ViEw Drive, asked if the City would come up with a mimm�un bid. Mr. Qureshi stated he felt a min�.m�un bid has already been established and a offer should be higher than wkaat was received on Septanber 14, 1984. UL�N A VOICE VO`i'E TAKEN �I �3E ABWE NDTION, all voted aye, and Mayor Nee declared the motion carrieci unammously. -13- ' ��.�� . •_ ��: � _ ��_.P_• � 1 •:� Y'4�u �, •.�s�_+ •• � + 1� • S� / M7TION by Councilman Barnette to adopt Re:�ulution No. 110-1984. Secondea by Councilman H�nernik. Upon a voice vote, a1�. voting aye, f�layor Nee deciared the motion carried unanimously. 15. RESOLUTION N0. 111-1984 COrIFIRMING ASSESSMEIdT FOR 198� WATER AIV� SEWER MAINS, LATEP,ALS, AAID SERVTCE CONNECPIONS: � M7TION Yry Councilman H�ernik ta acbpt Resolution No. 111-1984. Secondec� Yry Councilman Schneider. Upon a voice vote, a11 voting aye, Mayor Pdee c�ecZarec! the motion carried unanirrously. . +- -� _ 1� • • • : � �• i i • • . . . a �LU� •�� L � , M7TION l� Co�cilman Barnette to acbpt Resolution Pdo. 112-1984. Secanded kry Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee cteclared the motion carried unanimously, '_ � �.� � ��'I:; �� . i� • • � � u_ • 4yL � � .� yi � , NDTION by Councilman Hamermk to adopt Resoiution No. 113-19£34. Sewndeci by Councilman Schneider. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. • • � � :� • •4_�.. • � �;� _ :� �i� ��a� i� �.�� . I, Councilman Fitz�trick asked Mr. TrHnan if hc received a letter ob�ecting to the assessnent on Capitol Street. � Mr. Iranan stated he hasn't officially received any letter opposing the assessnent. He stated he has several calls on deferring the assessment for semor citizens and explained the procedure to than. Councilman Fitz�atrick stated he thought Mrs. Br�a would ]ea�e the letter she read earlier in the meeting fran Mrs. OsFar. Mr. Herrick, City Attorney, stated, if there is to be an appea�, there has to be a written objection filed with the City C1erk prior to this hearing or suk�nitted at the hearing. He stated he dadn't construe the letter N�rs. Breza read as an ob�ection to the assessnent. He stateci, if the Council bacl the letter in hand, he woulchi't knaa if it was a letter of ob�ection ar a letter calling for clarification of the assessnent, Councilman Fitzpatrick stated he didn't know if the letter wc�uld k�e an objection or not, but knows it was the inter.t ot Mrs. Breza anci �f Mrs, -14- � � f�� ;, •� J� yl • •�IJ�'C ' C � Osf�r, who wrote it, to leave it here this evening. NI�TTdN by Co�mcilman Fitz�trick to receive the remarks read earlier this everung by D7rs. Breza on behalf of Mrs. Osfar regardi,ng the imprwement and the assessnent of these unprovanents on Capitol Street and to incorporate the letter as read, into the assessment hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' •_ • � •'� �• _y _ � 4 •• � � ��.�Y • • � •• ��_ _�� N1�TION by Counc�lman Barnette to adopt Resolution No, 115-1984. Sewnded l� Councilman H�nermk. Upon a voice vate, all voting aye, Mayor Nee aeclared the motion carried unammously. � � • • . •:� �, � � • �� •�A i i: �� +� ��i _ u a� . • � � � i� • � y. _ � ��LS'. _ � -- � NDTION by Counc�lman H�nern�.k to adopt Resolution No, 116-1984. Seconded k� Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrzed unarnrnously. � . �11 • . . , � � !�. 'd � i� • • • 1!� •• i �j�r.•� . ••, � -� -� NDTIQN by Councilman Schneider to acbpt Resalution No. 117-1984. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee cleclared the motion carried unarumously. r � • • •:� � • � � �zzi � �� iY :.A ►�C ��C N__ M_�� .__ 4. 4. V2. N�TTON by Councilman Fitzp�trick to adopt kesolution No. 118-1984. Sewnded kry Councilman Scheruder. Upon a voice vote, all voting aye, Mayor Pdee declared the rnotion carrie4 unanimously. � • • �:��: ,� • : • y � • • �_�� • . «y. ..a•�. •• ��- � -4 `' .. �� N1�TION by Councilman Schneider to adopt Resolution No. 119-1984. Seconded by Councllman Barnette. Upon a voice vote, all votinq aye, Mayor Nee decl�red tl7e motion carriect unanimously. 24. LICENSES: N�TION by Councilman Schneider to ap1xare the li�nses as submitted and as on f�le ir� tkie License Qerk's Oifice. Seconded by Councilman Baxnette. Upon a voice vote, all voting aye, �ayor Nee declared the motion carried unammously. -15- � � � �i:i�C�Frt��!�4�:e��1�i ��3�5��l�Ii1 I�'I�TION 1� Councilman H�nernik to add to the license and approve the bingo license as requested ky Fndley ALANO Society of N.E. Suburbs. Seconded by Councilman Schrteider. Upon a voioe vote, all voting aye, N�yor Nee declared the motion carried unammously. 25. ESTIb1ATES• MOTION by Councilman Schneider to a�prove tkye fallowinq estimate as sutmitted. � Monette Construction 2050 White Bear Aaenue St. Paul, P�V 55119 Partial Payment Estimate No. 3 $ 106,539.89 Seconded ty Councilman Barnette. Upon a voice vote, all votinc� aye, Nayor Nee declared the motion carried unanimously, AL170URI�A7E[�7T: MOTION by Councilman Hamernik to ad�ourr� the meeting. Seconcted by Councilman Schneider, UFon a voice vote, all votinc� aye, Nrzyor Nee declarec the motion carried unammously and the Regular Meeting o£ the Fridley Clty Council of October 1, 1984 ad�ourned at 9:3� p.m. Respectfully sukznitted, .�1�4��+^`' � 'i ��,.'�-��i-�1A,�, � 7 Carole Haddad Willi�n J. Ne,� Secretaxy to the Ca.ty Council Nlayoe Apprwed; October 15, 1984 � -16- � t� � ta�1