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09/08/1986 - 00011442' � � 4�� N� Y • Y:I�:ia;llilir_l: ��'I�I�i�iSQji ' I 1 �� J�. .. • - - 4: :. 7he Regular Meeting of the Friclle� City �i,mcil was called to order at 7:38 p. m. b,� Nhyor Nee. PLIDGE OF ALLDGIANCE: Fhyor Nee led the Coimcil and audienoe in the Pledge of Allegiance to the Flag, ROLL CALL: [�tBERS AZESFNT: Mayor Nee, Goimcilman Goodspeed. O�Lmcilman FitzFatrick, �imcilman Schneider and Co�cilman Barnette [�NBERS ABSIIVT: None �"�v��!�rV�i[i1�A FRII%EY LE�FGUE OF WOMEN VOTERS MEI�ERSIIIP WEEK - SEPPENBER 15 'Ii1R00GH 22, 1986: Mayor Nee read a procl�nation proclaiming the week of September 15 through 22 as E'ridle� League of Wanen Voters M�nbership Week. This �oclamation was presented to Kay Kemper and Carolyn Rouse of the FricU Ey League of Wanen Voters. Ms. Rouse stated the Le3gue of Wwnen Voters appreciated this rew�ition and encouraged residents of Fridley to take �art in their qoverrment. She stated the League is planning an active year to assist in the selection of a site for the City's fire station and the publi�ing of a taan booklet this spring. �a��. � u � w SPECIAL MEETING. AUGUST 14. ]986: NDTION 1� Coimcilman Barnette to apprwe the minutes as presented. Se�nded L� Co�cilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� i :. MOTION by Councilman Fitzpatrlck to applove the minutes as presented. Seoonded b� Cotmcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� _• • n� Cbimcil�n Schrteider requested the follaaing item be added to the agenda: -1- �� •1��. _ � . �� : :. � Ideceiving Petition No. 10-1986 re�uesting the Highway De�rtment install noise tarriers along I-694. l'�DTION b� Coimcilman Schneider to acbpt the agench with the above addition. Seoonc�d l� CoLmcilman Barnette. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. �. ��. �. Mr. Richard A�dvin, 1391 Mississippi Street, stated he had sent a letter to the Cotmcil and ra�uested a res�nse in regard to several issues raised. NHyor Nee stated the only discussion b� the Council was possibly changing the r�me of the Fark. Mr. R�dvin asked about the walkway. Mayor Nee stated he was checking further into the d�tails. Mr. �dvin stated Uased on the meeting of [�hrch 7, 1984, the property wners decic�d to obtain an appraisal and, c�pending on the value, make an offer to the City to sell. He stated there was no oontact whatsoever from the City regarding their offer which he thought was $176,000 with room for negotiation. He stated it ended up the City claimed the land was worth $64,000, kut the figure was raised to $94,000. He stated their appraisal was for $156,000. � Mayor Nee stated he believed Council voted for a condemnation of this property. Mr. Fbdvin stated the CoLmcil had authorized staff to enter into negotiations to acquire Gena Rae. Mr. Ibdvin stated they would be grateful for any �nsideration on renaming the Fark and return of the street which was mac� into a walkway. Mr. Ibdvin also called the Council's attention to a flooding problem in their area. Mr. Qureshi, City Nl�nager, stated the drainage is imc�r the control of the Ric�e Creek Watershed District and it would be appropriate to address this body regarding any problans. He stated the City has complied with any requiranents imposed b� the Watershed District. Mr. �c7sin stated before the develognents to the north, thEy ctich't have any water problens, He stated according to the Rioe Creek Watershed District's agreanent, there was to be a holding pond and piping. He stated there is no holding pond and water rims into his and ac7jacer�t. properties. Mr. Flora stated he believed the developer was in compliance with the drainage plan as there was always a pond there to retain water on these properties. � Mr. Fbc}�in stated Mrs. Erickson wrote a letter to the effect that the� never had a water problen. He stated people were able to have gardens in their LtZCk yarcls before c�velopnent took place. He stated private property is -2- i0 3 �� 11�. ui • ti �y?�ul: :. ' being used to resolve a water holding problen frcm Brickner's develognent. He stated the City aans the �ark and water fran tl�is property is drairung on private property. Coimcilman Schneider stated there is a water problan in this area, but dich't ]mow if it e�cisted before the Briclmer developnent or not. He stated a lot was filled on the south sic� of Mississipgi and since this has been cbne and, with the Briclmer developnerit, it seens the water problesn became worse. Mr, fbcY�in stated the gipe wming out of the holding pond is smaller than the pipe leading into it. He felt if the size of the drainage pipe was increased, it would protably solve the �oblan. Mr. Flora, Public Works Director, stated the size of the pipe was specifically sized in this manr�er to allaa detention of the water so there isn't an increased flav. He stated water cannot leave a site, after develognem, any faster than it did before c�velopnent occurred. M7TION tr� Cotmcilman Schneider to request staff to make a comprehensive study of the drainage situ3tion in the area of the Blomberg and Bnckner develognetits with a report back to the Council. Seconded by Councilman Gooc'speed. UFon a voice vote, all voting aye, A�yor Nee declared the motion carried unammously. � Mr. Bob Gaanbrel, 1341 Creek Park Lane, stated with the rain last week, two lots in his area were affected. He stated he has brought this to the attention of the City staff and the� are rEViewing it. He felt the report lx staff should include the north side of the street and thought perhaps this triangular pieoe of �x'operty aould be used as a�onding area to resolve some of the flooding problans. He stated this piece of proFerty was filled in which allaas more water to flaa making the situation worse. He stated there was water flaaing backwarc� through the pipe and caused water fran the storm �ysten to flaa onto his �SOperty. He stated the pipe is two inches hic�er than his lxlsement. He stated last week the pond in the �rk was about wai.st high on teeragers. �fliz�iii.�.��:?��# � • r � . �. • � : n. a� NDTION Y� Cowzcilman FitzFatrick to waive the re3ding of the public hearing notioe and open the public hearing. Semnded blr O��mcilman Schneider. [Jpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:05 p. m Mr. Qureshi, City N�inager, stated the total General FUnd budget for 1987 is $7,103,908 which is an incr�se of 1.42$ over the 1986 budget. He stated, , overall, there is a c�crease in the budget of a little over one-half of a peroent as a result of suhstantial c�tL�cks in revenue sharing funds. He stated the general un�act of the cuttxzcks is that some progr�ns may have to be curtailed or r�adjusted. He stated most revenue sharing fLmds are used -3- •L+,_ �i�_ � r :. 1 for capital outlay it�ns so the cutlz�cks woulch't have any citrect img3ct on the general servioe f�nction of the CYty progr�ns. Mayor Nee asked if there are any areas where the budget has increased sicplificantly. Mr. Qureshi stated increases range from 1� to 2.6� in different deFartments, depending on the needs of these d�g�rtrnents. Cntmcilman Schneic�r stated in reaiftaing the budget, it seens trade-offs are being made for gr�ter productivity L� enhancing equipnent. Mr. Qureshi stated in purchasing computers and high technology equignent, different de�artments will be charged on a use L�sis. He stated they hope to use this equipnent to improve efficiency and there is no request for additional personnel in the budget, No persons in the audienoe sp�ke regarding this proposed 1987 budget. NDTION lx Cotmcilman Barnette to close the public heanng. Seconded by �imciltn�n Schneider. Upon a voioe vote, all voting aye, [+kyor Nee declared the motion carrried imammously and the public hasring closed at 8:10 p.m. 2. PUBLIC HF',1+R?I� ON A VACATTON RDOUESP, �?V #86-03. TO VACATE THE FIVE FOOT UTILITY EASEMENT ALONG THE SOUTHWEST PROPERTY LINE OF IAT 4, BLOCK 1, INNSBRUCK NORTH TOWPIIiOUSES PLAT 4.� A POINP TEN FEET WEST OF THE SOUTfIE11ST � PROPEirPY LINE OF Tf� SAME 7AT. GENERALLY LCX'ATED AT 5462 MEISTER ROAD N. E. . $j' T]ARRF;T. FARR• NDTION 1� Co�cilman Schneic�r to waive the reading of the public hearing notioe and open the public hearing. Seaonded L� Councilman Gooc�peed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearinq operied at B:11 p.m. Mr. lmbertson, Comm�ity Developnent rnrector, stated this vacation is for a townhouse lot and there presently is a five foot drainage and utility eas�nent on the south sic� of Lot 4. He stated it is proposed to construct a tavnhouse on this lot and it would encroach slightly into the utility a�sement. Mr. Rohertson stated Mr. Farr has notified the utility comg�nies and there are no utilities in the area so there was not a Fsoblan with this vacation. Mr. I%bertson stated this ra�uest was reviaaed by the Planning Commission and approval was reoommended with the stipulations the petitioner work with staff to resolve the maintenanoe problen on the vacant lot on West Bavarian Pass for the lanc�caging to be restored and the dead trees ranoved at 1511 North Innsbruck Drive N.E. Ms. Diane Mulvihill, who resides behind Mr. Farr's develognent, felt Nir. F�rr should honor the past oommitrnents made to the City and resic�ms before 1 this vacation is oonsic�red. She stated in April, 1976, Mr. Farr convinced the Ci.ty to apprwe his c�velognent as he would retain 50$ of the trees. She stated every few c�ys, Mr. Farr c�stra�ed 90 to 95� of the trees with no effort to retain then. Ms. Mulvihill stated Mr. Farr had stated there -4- �� •.�: ti� ._ :�4�: «:r� ' would be a green tuffer zone to seFarate the taanhouses fran the residential hanes and only a few trees have 6een planted She felt Mr. Farr has made no effort to fulfill his oummitrnents to the (S.ty and didn't feel any further oonoessions should be given. Oxmcilman Schneic�r stated there is a letter in the Council's agenda from Ms. Mulvihill and a response was requested f rom the developer. Mr. Rnbertson stated no m�mmication has been received to this date. Cotmilman Schneider stated he can sym�athize with Ms, Mulvihill' s concerns and he did make several inquiries of person� in the Taanhouse Association to see if the� had any mnoerns and there were none. Mr. Ihniel Farr, representing Darrel Farr, stated he didn't know about the green area ra�uired between R-1 and R-3 property and the letter from the City was very broad. He stated if he has an idea what the CYty requires for the are�, they would be more than happy to wmply. Mr. Farr stated in response to Nls. Mulvihill's oom¢nents, a lot of the trees which were r�noved were there only four or five years. He stated there is an area in the northeast oorner of Ms. Mulvihill's property where there isn't much landscaping and whatever the City feels is appropriate would be cl�re. I�hyor Nee questioned wk� the� hac3i't responded to the City's letter. Mr. Farr stated he dich't realize there was a set time to respond. He stated � his father is the developer and has Eeen out of taan and he didn't feel it was that important at this time to have it lartdscaped when they are still in the process of aonstruction. Cbimcilman Schneider asked Mr. Farr if they would be willing to post a performan� bond to o�ver the oost of the landscap�ng. Mr. Farr stated he would agree to a performan� bond, Mr, Farr stated thc�y have oomplied with all the City's re�uests. He stated a call was reoeived rec$rding complaints on the weecls and it was immediatly taken care of. He stated the streets have also been cleared. Cotmcilman Schneic�r felt Mr. Farr's commitments for his develognent should be reviewed to determine past compliance and what has to be done in the future. No other persons in the audience spoke regarding this proposed vacation request. NDTION b� Coimcil�n Schneider to close the publ ic hearing. Seconded by Cotmcilman Barnette. Upon a voioe vote, all voting aye, Nhyor Nee declared the motion carried tmanimously and the public hearing closed at 8:32 p. m NDTION b� Councilman Schneic�r to direct staff to revic�a all the oommitrnents � for all �ases of the Farr Townhouse Developnent in North Innsbruck and preFare a list of those itens that have not been adhered to and determine the amoimt of a performance bond to assure wmpliance with all these r�uiranents. Semnded l� Cotmcilman Fitzxatrick. Upon a voice vote, all -5- i0a � 3. C�I 4. � • J� � • Jy�lu_r. �I• � :. voting aye, N�yor Nee declared the motion carried unanimously. E�i�J��M�y.�_�Il_".:7��:ei�i ��' 'fu�� •• y�• •�i � u i i � • NDTION b� Coimcilman Barnette to waive the reading of the public hearing notioe and open the public hearing. Seoon�d b� Co[mcilman Schneider. Up�n a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:32 p, m Mr, Pritr�l, Firr�nce Director, stated the lateral charges made under this assessnent roll are mac� imder authority prw ided in Ordinance No. 113 and under Resolution No. 86-1982. He stated each of the properties have wnnected to City water or sewer or both without having previously p�id a lateral charge. Mr. Prib31 stated the assessment is computed in two ways, either using today's average lateral d�arges, or using charges that were levied in the general area at the time the lir�es in question were installed, plus accrued interest to the �xesent time. He stated the assessment rate used on the affected properties is the laaer of the above two formulas. Mr. Pribyl stated all property aaners involved in this assessment roll have signed agreenents agreeing to the principle of these lateral charges. He stated the assessnent will be spread over a 15 y�r period with an interst rate of 8-1/2$ each year on the tm�id principal. Mr. I�lvin Ro�e, 7509 East River Road, felt the assessnent on his property was too hic� and that he should have been given credit for the glunbing. He felt he should only have to Xay half of the assessed charge of $489.80. Mr. FJ.ora, Public Works Director, stated Mr. Rogne did receive credit for evezything except for a portion of the backhoe and pltmbing work, Mr. Qureshi stated if the Council was in agreenent, an additional $lOD credit �uld be allaved. No other persons spoke regarding this proposed assessnent for 1986 service oonnections. NDTION l� Coimcilman Fitz�strick to close the public hearing. Seconded by Coimcilman Goodspeed. Upon a voice vote, all voting aye, Nhyor Nee c�clared the motion carried imanimously and the public hearing closed at 8:35 p.m PUBL7G HEARING ON FT�, ASSESSMENT ROLL• FOR WATER AND SANTTARY SEWER IMPFdCA7II�7ENP PRQ7ECP N0. 150 - I�DTION IX Councilman Fitzpatrick to waive the reachng of the public hearing notice and open the public hearing. Semnded t� Coimcilman Goodspeed. IIpon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:35 p. m /�l�Ll 1 � � H 1 7�1 - I-Y.-- � 10� #�O �l�y. _ i � • ti � r : . � Mr, Prils�l, Fir�anae Director, stated this pro�ect involved the oonstruction of water and sanitazy sewer laterals and serv ices and other f acilities on 73-1/2 Avenue and Ashton Avenue, He stated a water main and hydrant were also aonstructed, at the request of the EYre De�rtmerit, in front of Holly 5hopping Center. •_Yt�Ll�,� � I� n r� � u :• � •� Mr, Prih�l stated water and sewer laterals and servioes were oonstructed on 73-1/2 Avenue fran the cul-de-sac to 110 feet west at a total cost of $6,043.75. He stated this assessnent is �vided between two lots amounting to $3,021.88 per lot. He stated the assessnent for the property on the south sic� of the street wi11 not be plaoed on the property imtil such time as the aaner chooses to develop the rear portion of the lot as a second building site. Mr, Prilxl stated water and sanitary sewer laterals, services and storm sewer were constructed on Ashton Avenue from 52nd Way to Industrial Boule�ard. He stated assessnents are spread only on oertain properties on an at� basis, �er an agreenent with Buzlington t3orthern Railroad, and any outstanding assessnents applicable to above properties must be xaid at time of sale to outside parties, other than Burlington Northern subsidiary aom�ani.es. � Mr. PriL�l stated the total cost of the Ashton Avenue improv enent was $114,499.99 di.vided t� 462,477 s�uare feet or a total assessnent of $24.758 per 100 s3�are feet of area. HOLLY SHOPPII� C�NPER: Mr. Prit�l stated the oost for the water main and fire hychant installed in fro� of Holly Shopping Center was $71,738.48 and will be paid from the City' s Util ity Etmd. Mr. Jay Norman, representing the Burlington Northern Railroad, stated when thEy reaeived notioe of this assessnent, thEy �ntacted the City to see what these oosts irroolved. He stated he thought there was a$30,000 to $40,000 charge for a lateral installed off I-694 Faralleling Ashton and coming back to Outlot DD. f3e stated their agreenent was the� wnuld pay the cost of an eic�t inch water lire. He stated the� are being assessed £or that line plus the line mming off I-694. Mr. Norman stated thEy have preFared an offica.al objection to the assessment as proposed. The Council received a letter subnitted lx Mr. Norman wkuch outlined their objections to this assessnent. Mr. Norman stated the oonstruction of a 20 inch line was not requested by Burlangton Northern or contemplated in their request and they were not �tified thc3r were to share in this cost. He stated they ob7ect to any oosis for the 20 inch line included in their assessnent. � Mr. F`lora, Public Works Director, stated when Burlington Northern came in to develop their property to the north, there was discussion a6out provicung service to all the properties and looping it into the Great Northern -7- • ��,.� �� . . �� • �• :��ir.i � Industrial plat. He stated the City ic�ntified a 20 inch line, but advised Burlington Northern the� would be �ying only the cast for an eight inch line. He stated the $114,000 assessnent is Burlington Northern's share for the eight inch line and this was explained to their oonsultant. Mr, Flora stated the original assessnent estimated this oost about $130,000. Mr. Norman stated he never heard of the $130,000 figure and it wasn't g3rt of the tmderstandtng. He stated they agreed to the construction of the water main in the loop area and not to go all the way to I-694. Coimcilman Schneider asked if Burlington Northern received a cop� of the prelimirr�ry estimate. Mr. Flora stated he was sure they had as they were negotiating with a developer at that time and there were a number of oommmications rec$rdi.ng the developnent. He stated, originally, the water lire was to go along the westerly botmdary line, but was relocated to the east to o�me along the tracks per Burlington Northern's re�t�st. Mr. Qureshi, City N�nager, stated he mderstands staff has been trying to oontact Burlington Northern so the public hearing could renain open until this itan is resolved. NDTION b� CowZCilman FitzFatrick to oontinue this public hearing to the next regular meeting on SeFtanber 22, 1986. Semnded by Councilman Schneider, Upon a voiae vote, all voting aye, Mayor Nee declared the motion carried � unanimously. 5. PUBLIC HEARING ON FINAL ASSESSMENT ROLL FOR WATER AND SANITARY SEWER IMPI�VEMENr PRQ7ECP N0. 156 • NDTION lx Coimcilman Barrette to waive the reading of the public hearing notioe and open the public h�ring. Sewnded by Councilman Fitz�trick. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:52 p. m 76TH WAY• AL�DEN WAY TD EAST• Mr. Prilxl, Finance Director, stated this pro�ect involved construction of water and sewer laterals and servioes in the rew Oak River Estates Plat on 76th Way and prwided water and sewer servioes for property in the southeast quadrant of 57th and University Avenues. Mr. Prib�l stated the total �st for the 76th Way improvenents from Alden Way to East River Road (Oak River Estates) was $27,344.31 which was divided between eight lots or a oost of $3,418.04 per lot. [JNTVERSITY AVENUE EASP SERVICE DRIVE: 57TH AVENUE � 390 FEET SOUTH: Mr, Prib�l stated the total cost for the University Avenue East Service � Drive was $9,850.50 divided ts� 158 feet or $62.345 per foot. He stated all these oosts are to be Faid tr� SuperAmerica lx-�sed on a developnent agreenent with then and the City. '�'. i�. � k. ,, �� . � �: �• :��:zr� � No persons in the audience spoke regarding this proposed assessment for Im�ovanent Project No. 156. NDTION k� Caimcilman FitzFatrick to close the public hearing. Seconded by Co�mcilman Gooclspeed Ilp�n a voice vote, all voting aye, Mayor Nee declared the motion carried imanimously and the public hearing clo`ed at 8:56 p. m 6. PLh3LIG H�ARING ON FINAL ASSESSMENT ROLL FOR WATER AND SANITARY SEWER IMPItC7VEMENi' P13�JE(.T N0. 160: i�DTION lX Coimcilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seoonded Ix d�tmcilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:56 p.m • �•, ��. �•_� r • r �, � • • Mr. Pri�l, Fir�noe Director, stated this �o�ect involved construction of water and sewer laterals and servioes for the Rivexwood Park Plat and along the east side of the Viron Road loopt�ck south of Osborne Road. He stated construction of utilities in both of these areas was requested by the cl�velopers of the properties. ' Mr. Pritr�l stated the o�sts for im�xovenents in the Riverwood Park Plat were $57,095.25 for water laterals and secviaes ctivic�d Ix 32 lots or $1,784.23 per lot. He stated the oost for sewer laterals and servioes was $38,063.50 divided L� 32 lots or $1,153.44 per lot. Mr. Prilxl stated at the time of this �oject, additional water and sewer lines were provided to Lot 32 (except the west 10 feet), Auditor's Subdivision No. 77, Parcel 5080, Pin No. 10 30 24 41 0056. He stated the assessment will not be placed on this property imtil such time as the property is divided into more than one building site. Mr. Qureshi, City Manager, stated a letter was received f rom a property aaner, Mr. Nhlecek, 7136 Fast River Road. requesting this assessnent be held unts.l such time as the �xoperty is divided. 1�UTION Lx Co�mcilman FitzXatrick to reoeive the letter dated September 8, 1986 fran Mr. Maleoek r�uesting deferment of his assessnent, Seoonded by Cbtmcilman Schneider. Opon a voiae vote, all voting aye, NMyor Nee declared the motion carried unanimously. Mr. Cook stated after their Riverwood Park plat was approved, he was approached L� the City re3uysting Mr. N�leoek be given some property that would enable him to unFxove his lot, He stated, prior to this time, he had sold the adjoining property to a builder. He stated he agreed to oonve� h�.s interest in the property to the City and now the matter is between Mr. ' Maleoek and the builder. Mr. Q�ok stated the School District is carrying the mortc�ge and will not release this portion of property imtil a building permit is issued. He stated he has executed a quit claim deed and the lot split would be subject to Mr. N�leoek aaii.unng this property. � 13� � 1., u��.. • ti J4�lu�: �y � VIImN ROAD: VIRON RQAD TO OSBORNE �D: Mr, Prilxl stated the total aost of the Viron Ra�d improvenent of $26,500 is to be assesed to ore Fx operty avner per a petition. No other pers�ns in the audience spoke regardi.ng these }xoposed asse ssments for Improvenent Project No. 160. I�DTION tr� Cotmcil�n Fitzpatrick to close the public hearing. Seconded by Cowicilman Schneic�r. Upon a voioe vote, all voting aye, Nhyor Nee declared the motion carried tmanimously and the public hearing closed at 9:05 p.m � a: i �i_ . • �� ui �,r ��' u" � � ' �� ' I� ` I� • 1 � D Jy • NDTION b� Coimcilman FitzFatrick to waive the ra3ding of the public hearing notic�e and open the public hearing. Seoonck�d l� Q�lmcilman Sd�neic�r. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 9:06 p.m. Mr. Prilxl, Finanoe Director, rc-viewed the following improvenents covered under this Street Imixwanent Project St 1985-1 & 2 and Adcknchnn No. 1: FIFrH STREET: 615T `ln 63RD AVEN[)ES (ST 1985-21 : � Mr. Pribyl stated this construction consisted of widening the street, mncrete curb and gutter, and median work at the intersection of 5th Street and 63rd Avenue. He stated the total oost of $139,260.41 is to he paid fran Fricll.e� Housing and Rec�velopnent Authority fimds. lU ' !�l ' � « � • � \I_ • Mr. Pritr�l stated blacktop street surfacing and concrete curb and gutter were installed at a total oost of $22,810.13 to be assessed to one property a,mer. 73-1/2 AVENC�'• CUL DE SAC DO 110 F'�F°r WEST (ST 1985-11 • Mr. Prib�l stated an 18 foot wick street and concrete curb and gutter were installed on the north side of the street at a total mst of $7,107.12 to 6e assessed to one �operty aaner, He stated the street will be campleted on the south side when that Ixoperty is developed. •y •u • •�� •� �•u •� r ��•�� ►� «i � v .. Mr. Prib�l stated a final mat was installed on the full street and concrete curb and gutter was aonstructed on the east sic�. He stated the total cost � to be assessed is $33,199.63 divickd t� 1,745 feet or $19.03 per front foot. HO rv AO TIs"' ENTER� PARRTN�' n'r' f ST 85-1 ArID 2 ADDENDLmI NO 1) • -10- 113 .11�4 • y. � �� ti. • � �: :�eI:L�] 1 Mr. Prils�l stated the total wst for this improvanent is $64,542.66. He stated the FridlEy Housing and Redevelognent Authority will p�y $59,538.00 and the balance of $5,004.66 is to be assessed to one properiy aaner. � 7�L��i� � L�LL i� • n :• • � • u � �� , - Mr, Prib�l stated blacktop street surfacing and concrete curb and gutter were istalled at a total wst of $142,777.00 divic�d Y� 462,477 square feet or $30.8725 per 100 s�uare feet of area. He stated the assessments are spread only on certain properties on an area �sis per agreenent with Burlington Northern Railroad. He stated any outstanding assessments applicable to above properties must be paid at time of sale to outside parties, other than Burlington Northern subsidiary mmFames. •. v • i • ••� � � �� n� • Mr. Prityl stated construction wnsisted of widening the street and reglacing concrete curb and gutter and sod. He stated the total cost was $21,725.00 which is to be assessed to one property aaner. ► • /__ � • _ • y: � • •,� • � • � I�1 �11� • � Mr. Prilxl stated the total oost for this construction is $39,647.46 and will l�e Faid fran the City Oaerlay Nlmd. MISCELSANFbUS DRIVEWAvS ADID CURB C[TPS (�' 1985-11 : Mr. Pril�l stated the total o�st for this work is $11,508.00 and will be Faid fran the City Drive,aay Escraa FUnd. N�, Pril�l stated the assessnents for these improvenents may be spread over a ten y�r period at an interest rate of 8-1/2$, No persons in the audience spoke regarding the proposed assessments for Street Im}xwener�t. Pro�ect ST 1985-1 and 2 and Adc�nd�nn No. 1. NDTION l� Cowicilman FitzEatrick to close the public hearing. Seconded by �[mc,ilman Gooc�peed. Upon a voioe vote, all voting aye, Nk�yor Nee declared the motion carried unanimously and the public hearing closed at 9:14 p.m C ti1�___ � '.i_ . � 1.�.:_ .:__ _ I�I '.� _ ,1�• • 4..� y ..� :• •�� NDTION lX Coimcilman Fitzpatrick to waive the readi.ng of the public hearing notioe and open the public hearing. Seo�nded 1� Coimcilm�n Gooclspeed, ilpon a voice vote, all voting aye, Mayor Nee declared the motion carried ' unanimously and the public hearing opened at 9:14 p.m Mr, Pril�l, Finanae Director, reviewed the imprwenents �vered under this Street Im�x'ovenent Project ST 1986-1 and 2. -11- • a�. '—�M • � ��: 1� t r �� •_ � ?��.�� • . � • � : . Mr. Prib�l stated the total cost of $12,634.05 is to be �id from the City Overlay FUnd. y r� • :. Mr, Prilxl stated the total oost of $5,971.00 is to be g3id from the City O�erlay F1uid. ZSZTH WAY: ALDEN WAY `DD Tf� EAST (ST 1986-11: Mr. Pril�l stated blacktop street surfacing and concrete curb and gutter have heen installed and the mst has been divided equally aunong all lots benefited at the re3uest of the developer. He stated the total cost of $39,560.14 has been divided between eic�t lots or a cost of $4,945.02 per lot. RIVEi&�100D DRIVE: 71SP WAY TO 71-1/2 WAY (ST 1986-11: 71- /2 WAY: F�F1SP EX'PINSION (ST 1986-�1 : Mr. Pritr�l stated blacktop street surfacing and concrete curb and gutter have been installed and the aost divided equally anong all lots benefited at � the re3uest of the developer. He stated the total mst of $106,778.77 has been divided hetween 32 lots or a oost of $3,336.84 per lot. He stated this amo�t was assessed equally to each lot in Riven,rood Park Plat and the one exception lot (Mr. Malecek's property), based on the request by the petitioner. Mr. Qureshi, (S.ty N�nager, stated a letter was received from a property aaner, Mr. N�leeek, 7136 East River Road, requesting this assessnent be held �mtil such time as the �aoperty is divided NDTION Lx Cotmcilman FitaFatrick to reoeive the letter dated September 8, 1986 fran Mr, NHleoek ra�uesting defetment of his assessment. Seconded by Coimcilman Schneic�r. Upon a voioe vote, all voting aye, N�yor Nee declared the motion carried imanimously. ► � '!_ .•_ ��•�«� • � .. Mr. Pril�l stated blacktop street surfacing and concrete curb and gutter have been installed to �swic� better acoess to the rew SuperPmerica Station per a developnerit agreenent with then. He stated the total cost of this imFswenent was $30,849.01 all assessed to SuperPmerica or $195.25 per front f oot. � VII�7 I3�P,D: VIRON I�AD � 0.SBORNE 1�1AD (S'P 1986-11 : Mr, PriL�l stated hlacktop street surfacing and concrete curb and gutter have been installed and the mst divic'�d equally to earh sick of the street. -12- � •1�. � �v_ • ��4�: He stated the total oost was $37,959.56 or a cost of $18,979.78 to each �operty avner. EASP RIVER ImA� SERVICE DRIVE: 53RL7 WAY `PD 51ST WP,Y (ST 1986-1) : Mr. Prib�l stated the final blacktop overlay and concrete curb and gutter have been installed at the request of the developer. He stated the total o�st was $22,972.75 or $14.185 per front foot. B1ST AVENOE: MAIN STREET �U HICKORY 5'PREET (ST 19861: 81 S'�' AVENOF'• U[VIVERST`�'iC AVENOE TO MAIN SPREET ( S'�' 1986-21 • Mr. Pril�l stated this im�wenent involved street surfaca.ng, drainage pipe, concrete curb and gutter, and relocation of the signal pedestal and oontroller. He stated the total a�st is $346,510.00, with $235,000.00 to be transferred fran the portion of ST 1986-2 wh�ch has already been assessed, per agreenem with Nhr-Len Corporation, and $111,150.00 is to be asyessed at a front foot rate of $103.7325. No persons in the audience spoke regarding these proposed assessments for Street Im�ovenent Proj ect ST 1986-1 and 2. NDTION 1� Coimcilman EYtzXatrick to close the public hearing. Seconded by � (btmcilman Barnette. Upon a voioe vote, all voting aye, M�yor Nee declared the motion mrried imanimously and the public hearing closed at 9:20 p.m 9, P[JBLIC HEARING ON FINAL ASSESSMENT ROLL FOR 1985 MISSISSIPPI STREET LAAIDSCIIPING PFKa7ECT• I � M�TION 1H Cotmcilman Barnette to waive the reading of the public hearing notioe and open the public h�ring. Seconded by Councilman Fitzp�trick. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried imanimously and the public hearing opened at 9:20 p, m Mr. Prib�l, Firance Ihrector, stated this improvenent irr✓olved installation of lan�caping work in and arot�d Holly Shopping Center for a total cost of $51,299.16. He stated $35,000 of this wst is to be g�id by the Fridley Housing and Redevelopnent Authority and the Yzilanoe of $16,299.16 is to be asaessed to ore Faoperty avner, la�sed on the Develognent Agreement between the HRA, the Ci.ty, and Heartland Universi.ty Commercial Lunited Partnership. No persons in the audienoe spoke regarding this proposed assessment for the 1985 Mississippi Street Landscaging Pro�ect. NDTION b� Cotmcilman FYtz�atrick to close the public hearing. Seoonded by Cotmcilman Barnette. Upon a voice vote, all voting aye, N�iyor Nee declared the motion carried unanimously and the public hearing closed at 9:22 p.m. � ti1� _ � � s_ • �� 7ui •,� • • •,� - - - FDTION lx Cotmcilman Goodspeed to waive the reading of the public heanng -13- 11� 1�� i_•li i • � ;�a�r�• :. � notiae and open tl�e public hearing. Seoonded by Councilman Fitz�trick. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 9:22 p.m Mr. Pribyl, Finance Director, stated this improvement involved the installation of a boulevard lighting system in and around Holly Shopping Center. He stated the total wst of the imprwenent was $62,949.43 and is assessed to only one property avner, based on the Developnent Agre�nent between the HRA, the City, and Heartland IIniversity Commerci al Limited Partrership. No persons in the audienoe spoke regarding this proposed assessnent for the 1985 Mississippi Street Lic�ting Project. NDTION b� Coimcilman Barnette to close the public hearing. Seconded by Councilman Fitz�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion mrried iu�animously and the public hearing closed at 9:25 p.m 11. PUBLIC HEARING ON FINAL ASSESSMENT ROLL FOR 1985 MISSISSIPPI STREET IRRIGATION PROJEGT: NDTION 1X Coimcilman Barnette to waive the reading of the public hearing notice and open the puUlic hearing. Seconded by Councilman Fitzpatrick. � IIpon a voiae vote, all votinq aye, Mayor Nee declared the motion carried unanimously and the public h�ring oper�ed at 9:25 gm. Mr. Pribyl, Finance Director, stated this improvement involved the installation of a boulEVard irric$tion systen in and around Holly Shopping Center. He stated the total mst was $33,129.24 and the mst is assessed to one �xoperty aaner, �sed on the Develognent Agreement with the HRA, the City, and Heartland University (bmmerical Limited Partnership. No persons in the audienoe spoke rec�xrding this �oposed assessnent for the 1985 Mississipgi Street Irric�tion Pro�ect. NDTION b� Coimcilman Firixatrick to close the public hearing. Seconded by Qxmcilman Goodspeed. Upon a voioe vote, all voting aye, thiyor Nee declared the motion carried lmanimously and the public hearing closed at 9:26 p. m i i e �i �'� - 7yi� •� •� u'•• u •�� .. [�DTION LH Cotmcil�n Barnette to waive the reading of the public hearing notioe and open the public ha�ring. Semnded lx Coimcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing operied at 9:26 p.m ' Mr. Pribyl, Finance Director, stated this improvement involved the University Avenue West Sexviae Drive. He stated blacktop street surfacing, mncrete curb and gutter, median work, and water and sewer services have been installed. He stated, per an agreenent with Vantage Corporaton, the -14- • 1� ui �M • � �4�yr. � assessable oost is $12,390.00 and assessnent rate is $11.53 per front foot. He stated the City's portion of the mst, per agresnent, is $55,000.00 and the City's share is 531,216.00. He stated $9,500 is to be p3id from the Utility Ftmd for a total aost of the impra�anent of $108,106.00. No persons in the audience spoke regarding this proposed assessment for Street Im�xc7vanent Project ST 1986-3. NDTION b� Coimcilman F'itzFatrick to close the public hearing. Seconded by Cotmcilman Barrette. i]pon a voi� vote, all voting aye, Mayoz Nee declared the motion carried tmanimously and the public hearing closed at 9:27 p. m • � : u �_ �l�Yl' • 'M �.�'_ �' Mr. Rabertson, O�mnw�ity Developnent Director, stated the avner/operator of Apache CSmging Center, Mr. Pawelski, has agreed to install five Russian olive trees and three silver magle trees. He stated there is some question a6out the f�sibility of three ornamental trees in the front and, as an alternative, there is a proposal to use similar species and continue the raa along East River Road. Cbimcilman Schneic�r stated the aaner acYnits he has violated the conditions � of the special use permit and wondered what was being done in this regard. Mr. Rabertson stated Mr. Pawelski k�as o�nplied and mwed his trailers so the only other issue is the lanctscaping. Mr. Nelson, attorney representing Mr. Pawelski, stated there has been discussions between Mr. Ihwelski and Mr. Wiersna of the City staff regarding the landscaping. He stated he understands the additional landscaping suggested tr� the City is acaeptaYil.e to Mr. Pawleski. He stated the q�stion is if the� should prooeed with the lanclscaping, if the special use permit is to be revoked. Nhyor Nee asked if Mr. Pawleski intencls to violate the terms of the special use permit. Mr. Ne19on stated it is not his intention to violate it. (;otmcilman FYtzFatrick questioned the landscaping proposed and if it was ac�qtate, He stated he is not too im�essed with the plan. Ms. N�ry NL�rtin, 133 Stonybrook Way, stated she also was not impressed with the landscaping the� are Fsoposing. She stated the ma�ority of landscaping is on 77th and would do absolutely nothing to block the impleasant view fran FaSh River Road. She felt rather than planting the trees, a snall Evergreen hedge should be planted across the front of the property. She felt there should be so�ne trees, but in front the plantings should be laa. Ms. Martin felt perhaps a four foot fence that oould be moved may be considered along ' with the plantings. She felt some fencing to cover the vehicles and planting a hedge would seroe her purpose. Coimcilman Fitzpfttrick felt they shoulch't lose sic�t of the purpose which -15- �3 • �i, _ yi a!y �_ ��4aui: a�• 1�� is to provide screening. He felt both the neighboring residents and the aaner would want the top of his disglay to be visible. He felt they should have screening with shrubbery rather than a raa of trees. Mr. Nelson stated his client is waiting to hear fran the Ca.ty and is willing to mmgly if a plan can be worked out. NDTION kr� Cotmcilman FitzFatrick to table this iten for further cktails and sutmission of a new lan�caping plan at the next regular Council meeting. Seoonded 1� Cbtmcilman Gooclspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion �rried unanimously. •'�_ �. • :. •aAr� y,•_� . • � �� •� y_ • - M�TION b� Cow7cilman Schneic�r to waive the reading of Ordinance No. 863 and adopt it on the second reading and order publication. Seconded by Co�cilman Barrette. i7Fnn a voice vote, all voting aye, N�yor Nee declared the motion carried imanimously. �� _ 1� � • •_ � �.� • • �, ..,� • •� • � � � • • �� 1, •�� •� � Mr. Robertson, Cbmmimity Developnent Director, stated staff was directed to sutsnit options for the disposition of the Gena Rae triangular piece of Exoperty. He stated three options remmmended are as follaas: (1) the City retains this triangulaz pieoe and, in this case, Mr. Brickner should plat two lots double deep fronting 66th Avenue N. E. ;(2) the City make a determination this is excess property and opt for public bidding to c�termine a buyer. If Mr. Briclmer was suc�ssEul in aa3uiring the parcel, he muld plat acoordingly with four lots as previously planned. If not successful, he should plat as in #1 above or, he oould plat Lot C provided it 6e sold to the successful bidder; or (3) the City make a c�termination of excess property and neg�tiate a sale to Mr. Brickner. Mr. Brickner then plats with the four lots as �eviously planned. Cbimcilman Schneider asked if there is the possiblity the City may use this gieoe of property in regard to drainage retention. Mr. Flora stated there is that g�ssibility as, originally, the Blocmberg Hidc3en Woods plat called for a retention area in back of certain lots. He stated this was incorporated in the overall Rice Creek Watershed District plan which oom�ised the Blanberg and Sriclmer plats. He stated it may be possible to move this c�tention pond to this Faroel. Mr. Sob Ganbrel, 1341 Creek Park Lane, stated the problan is the current shape of the land and the triangular piece caused water to flaa into his t�ck yard. He stated he is getting drainaqe off all the lots on 66th that are to the north. He felt the drainage problen should be resolved, but ' diclt't want to delay tl�e c�cision on the triangular giece of property. He stated he s.w water o�ming out of the dzainage pipe rather than going into it. He stated he supports the idea of a stuc7� of the drairage. -16- � �I � •:a�. �� ?�_ _U. • �;�u,: �• �LZr.� Mr. Qureshi, City N�nager, stated the property muld be sold and a drainage easement retained Cbtmcilir�an EitzFatrick felt it may be Fx�mature to oonsid�r disposition of this Farcel before the report is reoeived on the drai.nage. Wimciltnan Schneic�r stated he was prepared to make a motion to dispose of the �roel, but now felt they should keep their options open as an additional holding pond may be neec�d. NDTION l� Coimcilman Schreider to tab]e this itan tmtil the drainage study report is available to the Council at the next meeting. Seconded by Councilman Fitz�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion �rried imanimously. . • � • • •�_i� � � � •� :. � M� �� •._ � � ;s__ � � �� • � • � � � � • � • ��n . n �� • �� •• :��_ � � � «�•� M.�� • � �.yi: ;�� • � Mr. Robertson, �mnimity Develognent Director, stated Mr. Briclmer was asked to clarify his final glat and has sutrnitted a registered land survey for the property directly north of the triangular pieoe of �operty. He stated this plat irivolves two lots, A and B, fronting on 66th Avenue N.E, and Outlot C left as �builchhle witl� no acoess, Mr. Richard Briclmer, the petitioner, stated this plat would enable him to aonstruct two hanes and give the �imcil time to work out the problens with the triangulaz pie� of �roperty. (btmcilman Schneickr asked if the drainage from the two additional homes oould be hanc�ed. Mr. Flora, Public Works Director, stated most of the drair�ge would be to the �rth to 66th Avenue for Lots A and B. Nhyor Nee stated he felt Mr. Briclmer should imderstand he may or may not be able to c�velop Outlot C. Mr. Briclmer stated he is aware of the situation. NDTION LX Co�mcilman Schneider to apprwe P. S. #86-02 dated August 21, 1986 with the follaaing stipulations: (1) park fees of $1,500 each to be p�id witYi t.uilding permits on Lots A and B and Lot C sub7ect to park fees if built on; (2) registered land survey to be recorded prior to building permit; and (3) staff rc�iew elevations for storm drainage. Seconded by Cotmcilman Barnette. Upon a voic�e vote, all voting aye, [+�yor Nee declared the motion carried unanimously. NEW BUSINESS• � �� _ _ � " • • '..1� ' _� - � � •�� !;�. 'a��_ • � •�1�_ 3'i�IL• 1 • �� •4 _ _ .4.. �. Mayor Nee felt there should be some clarification on haa tl�is ordinance -17- � 2� ' ' 1 �i91�, ui • ti �4?�yi: :]�GYZ� relates to c�iy care oenters in the hane. Mr, Newman, City Attorney, felt by the definitions the intent is this ordirrznce would apply to a�y care facility that would serve more than 12 children and not in the hane. He stated if there is d�y care in a home and they have less than 12 children, it is a hane occu�tion. He felt if there is a problen the term "Day Care (?enters" should be ct�anged to an Out-of-Hane Ik�zy Care Center or Cwmnerical Ik-�y Chre �nter. MOTION by Councilman Schneider to waive the reading and approve the ordir�nae upon first reading. Seoonded b� Cotmcilman Fitzp3trick. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. NDTION lX Co�mcilman Schneider to re3uest a minor language change, before the seaond reading, to clarify Day Care Centers as Out-of-Home Day Care Genters. Semnded L� Co�cilm3n FYtzpatrick. Upon a voice vote, all voting aye, N�yor Nee declared the motion �rried unanimously. �� • � � • �� • •+� �. • •,��_ • a✓ • • o� •• :. �� i �.��! Mr. Robertson, �irnnmity I�velognent Director, stated Dr. Dahl has applied for a variance and requested this item be tabled to be considered at the same time of the varianoe. NDTION ]s� CAwicilman Schneider to table this itsn tmtil a reoommendation is received rec�grding the varianoe. Seoonded Ix Coimcilman FitzFatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. •� � � • • � • � •u ��, � •,� � � � o• � � �� - Mr. Robertson, Commimity Ikvelognent Ilireckor, stated Dr. nahl has applied for a varianoe and re3uested this item kae tabled to be wnsidered at the came time of the varianoe, NDTION Lx Cotmcilman Schnei�r to table this item imtil a reoommendation is reoeived rec�rding the varianoe. Seoond�d b� Coimcilman Fitz�atrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ��.� _� • • • •• • • •5 s • � Mr. Robertson, Community Developnent Director, stated results of the envirorunental tests performed � 7Win C.ity Testing have not been received for the auto recycling businesses. He stated Mr. Flaherty of Central Auto l�rts was going to try and reoeive these results to�y. Mr. Bt.¢ick, representing Cemral Auto Parts, stated he had received these results at 5 p. m tocl�y and sutmitted then to the Q�imcil. � �� . _ 4� ._ � �I�4�1�: �I' � �� NDTION b� Coimcilman Barnette to reoeive the report of the test results fran 7tain City Testing for the auto recycling busiresses c�zted Septenber 8, 1986. Sewnded b� Coimcilman Schneic�r. Upon a voioe vote, all voting aye, Mayor Nee c�clared the motion carried imanimously. I�DTION tx Co�mcilttt3n Schneder to extend the licenses for auto recycling businesses for another 30 days in orc�r to provide staff the opportunity to analyze the report fran ZWin City Testing. Seaonded t� Cotmcilman Barnette. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. Cbtmcilman Schneic�r asked what wuld be done about the property on the northwest mrner of 73rd and Old Central Avenues in order to clean up this site. Mr, Robertson stated the property is being leased so it seems to be a situation where reither the la�see or aaner take resFonsibility for cleaning up the prenises. Mr, t�wman stated the bottan 1ire is that the property is the responsibility of the aaner. [�DTION b� (bimcilman Schneider to direct the City Attorney and staff to �eFare the appro�iate �per work to hold a public nuissnoe hearing for the ' �xoFetiy on the northwest mrner of 73zd and Old Centxal Avenues and that the hearing be set at the earliest possible date. Seconded by Councilman Gooci�peed. Upon a voioe vote, all voting aye, f�hyor Nee declared the motion carned imanimously. ' « u. _ L • A2u� � yi � � ' : . �• � �.� • •y_ :. �� • r o-�� i� • A ,� • : a_ � i • � � �� 1 ' _\!�i!_ � N •�� I� M Mr, Robertson, �mmmity i�velopnent Director, stated this is a request for a special use permit to allaa a seo�nd accessory 6uilding at 7130 Riverview Terraoe N.E. He stated the Planning Coimnission reviewed this request and has reoommended ap�awal with two stipulations, which he outlined. NDTION 17� Coimcilman EYtzFatrick to ooncur with the imanimous re�im[iendation of the Planning Commisson and grant special �e permit, SP #86-11, with the following stipulations: (1) a hard surface driveway be installed by Novenber 15, 1986 or the petationer to post a performan� hond for this work to be aompleted, and (2) the architectural treatment of the garage be mm�ntible with the existing house. Seoonded t� �imcilman Gooc�peed. Upon a voice vote, all voting ape, Mayor Nee declared the motion carried � imanimously. B. CONSIDERATION OF ADDITIONAL 1986 CDEG FObIDS: -19- � 11... 4171�IY • `I ��yl: �?� ' Mr. Robertson, Community Development Director, stated the Planning Commission rEVieaed allocations for the adclttional $18,544 which the City will reoeive imder the Comm�mity I�velognent Block Grant progran. He stated several areas were wnsidered where these funds could be used and the Commission unanimously endorsed this allocation for renovation at the Springbrook Nature Center. He stated the Commission felt a high priority was restoring the handicapped trail. NDTION Y� CbwZCilman FitzFatrick to ooncur with the imanimous remmmencl3tion of tl�e Plaruv.ng Cotrnnission to allocate the addtt�onal $18,544 in Community Developnent Block Grant ESinds for restoration of the Springbrook Nature Center. Seoonded b� Coimcilman Gooclspeed Upon a voice vote, all voting aye, Nhyor Nee declared the motion carried unanimously. Co�cilman Barnette asked if a c�cision had been made regarding removal of the wood at the Nature Center. He stated he is receiving requests from residents who wish to cut the wood. Mr. E'lora, Public Works Director, stated if residents are allaved to cut the wood there may be a policing problan as swneone has to watcii that good stock is not r�noved. He stated another wnsideration was the question of 1 iabil ity and da�nage to r�ew graath. � Mr. NEivman, Qty Attorney, stated even if a waiver is sic�ed, there still is the question of liability. Mr. Qureshi, City Ma�ger, stated the City is reviewing several options and questions fran residents should be directed to Jim Hill, Civil Defense Di.rector. He stated there Isol�bly will be some definite answers by the next Cotmca.l meeting. -• • ,� :. • •,�� i �� • y�� • • • . ' y4 M ',�ei:iu � •ayut�i i�� • •_ . k� ••yi�• �• .�• � Mr. Flora, Public Works Director, stated the Gty rebid their contract for curbside recycling and the current contractor, Beerman Services, dLd not sutmit a bid. He stated a formal bid was received from Super (,ycle for $2,700 per month or $32,400 a year. He stated in further negotiations, the �ioe per month for curtside was loaered to $1,500. He also stated if Sliper (,ycle was to e�cceed 50 tons a month, for two wnsecutive months, the City and Super (pcle would renegotiate the oontract. Mr. Flora stated this bid is within budget limitations and staff would reoommend Coimcil authorize the City to enter into a contract with Super C]�cle for curbside recycling sexvices tmtil Jme 30, 1987. He ra�uested Coimcil �nsider the resolution to mntinue the curbside recycling with a new oontractor. � NDTION b� Coimcilman FitzFatrick to acbpt Resolution No, 87-1986 to c,ontinue tl�e curbside rec.ycling progran for Fridl.e3 with a rew aontractor. Seconded Ix Cotmcilman Schneider. Upon a voice vote, all voting aye, Mayor Nee c�clared the motion mrried unanimously. -20- • � _ 4i� •_ 7__ �9?�ui �.. . � 2d�• ' Mr. Flora stated the City should also consider the two proposals for oontinuing the operation of the SORT center. He stated a proposal was reoeived fran Farl FYank and another was reoeived fran Blunenthal and Sons. He stated the Ehvirormental Qiality O�munission and Planning Commission have reviewed these proposals and rewmmended acceptance of Blumenthal's prop�sal. Mr, Flora stated Blunenthal and Sons has requested a five year contract to reooup expenses of imprwenents at the center at a cost of approximately $6,000. He stated these imFrwenents would upgrade the facility with the installation of sewer, water and electricity. He stated if the City would not renew the oontract after two years, there would be an option of buying out the imFxwenents at a prorated sun. Mr. Flora stated staff also feels the Blimenthal's proposal best meets the needs of the residents as they would be open five d�ys a week, �esday tY�rough Saturday. He stated staff would reoommend Blwnenthal and Sons be retained for two years with the option of extending the oontract for an adcl� tional three years. NDTION ts� Coimcilman Schneic�r to authorize staff to negotiate a lease with Bltvnenthal and Sons for operation of the SORT center. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. D. CONSIDERATION OF PARKS & RECREATION CONAIISSION M(7PION � RDGARDING COfM'fONS PARR RIDEUEIAPMENT: Mr. RDbertaon, �mmtaiity Developnem. IIirector, stated in 1984, the Fgrks and Recrestion Commission tndertook a stuc� of the re-use and redevelopnent of three ma�or Farks, �m¢nons, Meacbwlanc� and Riverview Heights. He stated the Planning Commission has reaffirnied the recommendaton of the Parks and Recreation Commission for the redevelopnent of d�mmons Fark. Mr. Robertson stated a r�eic�borhood meeting was held and there was a strong desire to redesicy� the Fark into a more Fassive and mmmimity-wic7e facility. He stated the reason is hecause Commons l�zrk is oentrally located and serves as both a rieic�horhood and community park. He stated redevelo�anent was reootrnnended in three phases. I� outlined the three Fhases mnsic�red b� the planning Commission at their meeting on August 20, 1986. It was the general concensus of the Council that they really had no otrjections to rec�velognent in Gommons Park, but felt they were not well informed about the planning. Mr. Qureshi, City Manager, stated notioes of the meeting came through Parks and Recreation and thouc�t perhaps the Q�tmcil may wish to study the plan further during the tudgeting prooess or at a oonference meeting. Ni�yor Nee stated that his oonoern was mainly what itens were not incluc�d in � the rec3�velognent glan and what other dioiws there may have been for the Fark. Cowzcilman Barnette stated he felt the idea was to cariy out the Center City -21- ' ?r k�.J�, uL�!_ �, •_ rJ�yi: a�• � :. 1 thene and at a oonf erenoe meeting the �tmcil had discussed bikeway/walkways and some additional glanting of trees. NDTION b� Councilman Barnette to receive the report from the Parks and Recreation Commission on the Commons Park reclevelognent. Seconded by Coimcilman Schneider. Upon a voioe vote, all voting aye, [�yor Nee declared the motion carried unanimously. M7TION by Councilman Schneider to receive the minutes of the Planning Commission meeting of August 20, 1986. Se�nded tr� Councilman Goodspeed. Upon a voiee vote, all voting aye, Mayor Nee declared the motion carried unanimously. ,� � • :I�I;� • � � � � : . � � • �� • �� •,�� ;� �� Mr. Rabertson, Cbmmimity L�velopnent Director, stated the petitioner has asked that the Coimcil approve, as a oondition of the lot split, a ra3r yard setka3ck of 10 feet. Colmcilman Eitz�trick asked wkr� the front isn't the south property line, He asked if the front of the house would face saneone's k�ck yard. Mr. Jim Merrill, reFxesenting the petitioner, stated the proposed house � would actually l:e facing to the south. Councilman Fitzp�trick asked the purpose of calling the east yard the front yard as the house cbesn't face in that direction. Mr. Flora, Public Works Direetor, stated by definition, the narrowest dimension is the front yard. Co�cilman FitzFetrick stated the purpose of this defimtion is usually for assessnent purposes. He stated the front of the yard wi11 really be very close to the drivaaay. Mr. Robertson stated it is set back about 22 feet. NDTION 1X Cotmcilman FitzFatrick to ad�pt Resolution No. 88-1986 with the follaaing stipulations: (1) hardsurfaoe chiveway to be installed to both escistinq and proposed kuilding prior to occu�ncy of new home; (2) private joint driveway and private utility eas�nent to be reoorded prior to l:uilding permit; (3) utilities to be installed in a manrer which preserves existing vegetation; (4) record at Anoka County prior to building permit; (5) existing and new home to be connected to City sewer and water prior to occugancy; (6) park fee of $1,500 be gsid; and (7) there be a 25 foot setback fran the north property line. Flirther, a variance to allow a rear yard setk�ck of ten feet on the west is approved and a variance fram the right-of-way access requiranent of 25 feet per each lot allaaing one 25 foot acoess with a shared driveway off East River Road for two lots is also apprwed. Semnded L� Coimcilman Gooclspeed. Upon a voice vote, all voting aye, Nhyor Nee declared the motion carried unammously. ' CE S• A reoess was called IX l�yor Nee at 11:20 p, m -22- � � ' • . _ �?��!_ . • � r �• : � � �• � �� I�hyor Nee reoonvened the meeting at 11:35 p.m. present. All Council m�nbers were y� � � ,�i..r • • • :i ��y N • • • k� • � NDTION b� Coimcilman Barnette to adopt Resolution No. 89-1986. Seconded by Goimcilman Goodspeed. Up�n a voice vote, all voting aye, Nhyor Nee declared the motion mrried unanimously. . ,� ��I • � • � • : . • • ��_ .�ui� � • � :. �• k�� k4 • t�DTION kH Coimcilman Fitzpatrick to acbF:t Resolution No. 90-1986 with the actjustment in Mr. Rocyie's assessmerit on Lot 12, Auditor's Subdivison No. 77, Pin No. 10 30 24 11 0014 to reduce the amount by $100.00. Seconded by Coimcilman Barr�ette. Upon a voioe vote, all voting aye, N�yor Nee declared the motion �rried unanimously. k� n�;� • • :� • • i _'u_. Yui� ��' ' � ?S. �' ul� •,�1�v� ..,� J_, � I No action was taken on this resolution as the public hearing on this assessner�t. roll had been o�ntin�d to the ne�ct regular meeting. • ,� � _• �.� :. �� •u_q+. �4!� •' � ��..,��I�u�� , ..,� o- � NDTION b� Cotmctlman FitaFetrick to adopt Resolution No. 91-1986. Seconded Yr� Cbimcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion mrried unanimously. `.• �.� • : . ��1_ _ ' 4_ .7ui • • � _ 41"��j�_�I ...� � � . 1 NDTION l� Coimcilman Fitapatrick to adopt Resolution No. 92-1986 with the ad�ustment to c�fer assessnents on Mr. Maleoek's lot, Parcel 4840, Aucv.tor's Subdivision No. 77, Pin No. 10 30 24 41 0001 and in Lot 32 (except west 10 feet) Auditors subdivision No. 77, Paroel 50�s0, Pin 10 30 24 41 0056 until each lot is split and then it is to be assessed plus interest. Seconded by Cotmcilman Goocispeed. Upon a voi� vote, all voting aye, Ngpor Nee c�clared the motion carried unanimously. y _ 1 • • ' �[��. �� L _ ' 41 . .74!� ' i� ' _. yl"J�I_1!� ' � � D ��D � � � �I U � IYDTION b� Coimcilman Barnette to ad�pt Resolution No. 93-1986. Seconded by Coimcilman Schneid�r. Upon a voioe vote, all voting aye, N�yor Nee declared the motion a3rried unanimously. -23- 1' 2�' 32� •1�, _ ��+�� • :�� s�r.� � � • � • i_ _ ui �� • i• .,� � � - - � - � ui NDTION tX Coimcilman FitzFatrick to ad�pt Resolution No. 94-1986 with the adjustment to defer assessnents on Mr. Ngl.ecek's lot, Paroel 4840, Auditor's Subdivision No. 77, Pin No. 10 30 24 41 0001, Lmtil it is split and then it is to be assessed plus interest. Seoonded L� Coimcilm�n Schneider, upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � `� � _ �i� � _L'Ii k�,�� _ � � . . • � --�. �,. .� NDTION tx �imcilman Barnette to adopt Resolution No. 95-1986. Seconded by Cotatcilman Gooclspeed. Upon a voioe vote, all voting aye, Ngyor Nee declared the motion carried imanimously. ,� ��I � � Z:��II a�� :� � � • �Ib 4 - � � •,� NDTION tH Coimcilman Barrette to acbpt Resolution No. 96-1986. Secanded by Cow�cilman Goodspeed. UFon a voioe vote, all voting aye, N�yor Nee declared the motion carried unanimously. ' 32. RE90LiTPION N0. 97-1986 CONEIRMING ASSESSMENT FOR 1985 MISSISSIPPI STREET IRRIGATION PRQ7ECP• P�DTION b� Cnimcilman Barnette to acbpt Resolution No. 97-1986. Seconded by Coimcilman Goodspeed. [Tp�n a voioe vote, all voting aye, N�yor Nee c2�clared the motion carried unanimously. v_ • � : . ��.� _ • �_ ,�i� �� • ,�i. •,��ui� • • _ .. NDTION lx Coimcilman Barnette to acbpt Resolution No. 98-1986. Seconded by Goimcilman Goodspeed. [Tpon a voioe vote, all voting aye. N�yor Nee �clared the motion carried unanimously. •� � • • •�_ • + _ � : a _. •��_ NDTION L� Councilman Schneic�r to authorize staff to advertise for bids for the rep3ir of the Civic Center building roof. Seconded by Coimcilman Goodspeed. Upon a voioe vote, all voting aye, N�yor Nee declared the motion carried unanimously. �• _ � • • •_ ': «�o- • a�• • • ,�i� N1�TION by Councilman Schneider to approve the CDBG Joint Cooperation � Agreanent and authorize and Mayor and City Manager to execute this cbc�unent. Sewnded L� Coimcilman Fitzg�trick. Upon a voice vote, all voting aye, P�hyor Nee c�clared the motion carried unanimously. -24- 1 12c� I • y, _ i� • ;�,��: �• : . • �� '��u�+ a�u • �� NDTION b,� Coimcilman Barnette to wncur with the follaaing appointment by the City N�inager: STARTING SPART'IIQG NA[�E POSITION SALARY I1ATE REPLA(ES James Bates 6211 6th Street FricTle�, NN 55432 Street Ebranan $30,065 (Exempt) per year Sept. 1� ArthuY 1986 Olson Seoonded b� Coimcilman Goodspeed. Upon a voioe vote, all voting aye, Mayor Nee ckclared the motion carried unanimously. 37. QAINLS: NDTION b� Councilman Barnette to authorize p�yment of Claims No. 10028 throuc� 10313. Seoonded b� Co�mcilman Goocispeed. Upon a voice vote, all voting aye, Nkyor Nee c�clared the motion carried unanimously. 38. LICENSES: ' hDTiON b� Cowzcilman Gooc�peed to apFswe the lioenses as su�nitted and as on file in the License Qerk's Office with the addition of a Solicitor's License for Steve Ortell, Crocodile Productions, Inc. Seconded by Councilman Fitz�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 39. ESTIMATES• FDTION b� Cotmcilman Schneider to apprwe the estimates as suk�nitted: Herrick & Neaman, P. A. 6279 University Avenue N. E. Fric�e�, NN 55432 For Secvioes Rendered as City Attorney for the Month of August, 1986 . . . . . . . . . . . $ 1,650.00 Allied Blacktop, Inc. 10503 - 89th Ave. , N. I�&ple Grcue, NN 55369 Street 7mFrwanent Pro�ect ST. 1986 - 10 (Sealmat) FINAL ESSTINA,TE . . . . . . . . . . . . . . . . . . $117,712.43 A1 EYickson Secvioe 538 Virginia St. � St. Paul, NN 55103 Sic�al 9�sten Painting Project No. 167 FINAL FSTINg+,TE . . . . . . . . . . . . . . . . . . S 29,243.00 -25- ' � � •.�. _ ��v�:_ •_ ��: �• N�dsen Specialties Box 255 Fargo, AID 58107 Intersection Striging Project No. 165 FINAL ESTINP�TE . . . . . . . . . . . . . . . . . . $ 22,561.62 Short IIliott-Hendrickson, Inc. Consulting Engineers 200 Gopher Buildi.ng 222 East Little Chnac� Road St. Paul, NN 55117 Cer�t.ral Avenue/Highwa� 65 Roadaay Redesic� Partial Estimate . . . . . . . . . . . . . . . . $ 3,017.89 H & 5 As�halt, Inc. 1700 Industry Blvd Anoka, NN 55303 Street Im�xwenent Project ST. 1986 - 1& 2, (Phase I) Partial Estimate No. 7 . . . . . . . . . . . . . . $ 45,359.31 AND Street Imprwanent Pro�ect ST. 1986 - 3 Partial Estimate No. 2 . . . . . . . . . . . . . . $ 55,615.37 Gimderson Brothers 2325 Shelling Ave., S. Minneapolis, [•N 55404 1986 Miseellaneous �ncrete Curb and Gutter Partial Estimate No. 4 . . . . . . . . . . . . . . $ 1,161.28 Seoonded b� Cotmcilman Barnette. Upon a voioe vote, all voting aye, Mayor Nee c�clared the motion carried unanimously. �i «_�I_ • • � :. •.�u uis �• �� •�•� 'a._..•�� •a• • ui i -• � r •; ��• • r• �w � _� �_ ,� _ ;;__;�_ • � .•, I�DTION b� Cotmcilman Schneic�r to reoeive Fptition No. 10-1986 and direct staff to forward this petition to the Minnesota Department of Transportation. Seoonc�d l� Coimcilman FitzFatrick. U�on a voice vote, all voting aye, I�&yor Nee declared the motion carried unanimously. Mr. Newman, City Attorney, stated there are restrictive oonvenants against land abutting the freeway which puts prospective buyers on notice that the Department of Transportation is not constructing any additional sound barriers. Cowicilman Schneider stated the Fxoperty aaners had purchased their homes before the widening was proposed and there now is additional traffic. -26- 12� •1��. _ �� N . • :��y�: �• . • :. � M�TION by Councilman Barnette to adjourn the meeting. Seconded by Cotmcilman Goodspeed. Up�n a voioe vote, all voting aye, Nhyor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Coimcil of Septenber 8, 1986 ad7ourned at 11:50 p.m. Respectfully sulmitted, ��,�r. ��'-�`��r� (`arole Haddad Secretary to the City Coimcil Apprwed: � , -27- �;��"_ _ �- �--�- Willian J. Nee Mayor ��