Loading...
08/24/1987 - 00011071� � , �b��"� �--: �, THE MINUTES OF THE REGDLAR MEETING OF THE FRIDLEY CITY COUNCIL OF AUGUST 24, 1987 'Rze Regular Meetang of the Fridley City Couneil was called to order at 7:40 p.m, by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Fl ag. ROLL CALL: I•E MBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Couneilman Schneider, Councilman Fitzpatriek and Councilman Goodspeed MEMBERS ABSENT: None APPRW AL OF MINUTES: COUNCIL MEETING. AUGUST 3, 1987: MOSION by Councilman Sehneider to approve the minutes as presented. Seconded by Councilman Fitz patrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee stated Items 4, 5 and 6 are to be continued at the request of the petitioner. He requested that Item 3 be considered in conjunetian with Item 13 since these are related issues. The following items were added to the agenda: (27) Receiving Environmental Assessment Worksheet from Central Roofing and (28) Consideration of Change Order No. 2 for Commons Park Filtration Plant, Project No. 164. MOTION by Councilman Fitzgatrick to adopt the agenda with the above amendments. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARINGS: 1. PUBLIC HEARING ON A VACATION. SAV �87-08, TO VACATE SHE 66 FOOT STREET RIGHT-OF-WAY (73-1/2) AVENUE) LYING NORTH OF LOT 1 AND THE WESTERLY 27 FEET OF LOT 2. SLOCK 2, CENTRAL VIEW MANOR. TO ALLOW FOR AN IMPROVED SITE PLAN FOR A PROP05ED RAPID OIL STATION, GENERALLY LOCATED AT 7315 HIGHWAY 65 N.E., BY RAPID pIL CAAI�E: -�- �r", �r, a� � �v�'d . � COUNCIL MEETING OF AIIGUST 24. 1987 � Mayor Nee stated the petitioner would like this item eontinued to the next meeting on September 14, 1987. MOTION by Councilman Schneider to open the hearing and continue this item to September 14, 1987• Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. PUBLIC HEARING ON A VACATION. SAV �87-07, TO VACATE THE 12 FOOT ALLEY IN BLOCK 5. HYDE PARK LYING NORTH OF THE SOUTH LINE OF LOT 22 EXTENDED EASTERLY AND SOUTH OF THE NORTH LINE OF LOT 30 EXTENDED EASTERLY, ALL LYING EAST OF AND ADJOINING LOTS 22-30, BLOCK 5, HYDE PARK, GENERALLY LOCATED BETWEEN 61ST AVENUE AND 60TH AVENUE AND BETWEEN 3RD STREET AND UNNERSSTY AVENUE, BY WAYNE JOHNSON: MOTION by Councilman Goodspeed to waive the reading of the public hearing notice and open 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 opened at 7:45 p.m. Mr. Robertson, Community Development Director, stated this petition for vacation does not involve the entire alley, but only a portion. He stated the Fianning Commission's recommendation was to vacate the portion of the alley lying north of the south line of Lot 22 and south of the north line of Lot 30 and extending easterly. Mr. Robertson stated the Commzssion � recommended five stipulations as follows: (1) a utility easement to be retained over the entire portion of the vacated alley; (2) garage construction contingent upon letters from all the utility companies allowing a specified distance of eneroachment into the retained utility easement; (3) garage construetion contingent upon passage of a resolution by Council authorizing a specified distanee of encroachment into the retained easement; ($) petitioner to escrow funds with the Publie Works Department sufficient to cover curb work for proposed curb cut on 3rd Street; and (5) dumpster to be fully screened. Mr. David Goldstean, 410 Groveland Avenue, stated he was representing the Pestello and Wolfe famSlies. He stated these property owners were in favor of this vaeation only iF it included the entire alley. He stated the Wolfe's at 6007 3rd Street and the Pestello's at 6011 3rd Street 6oth have been victims of robberies and burglaries. He stated the burglars made their escape through the unmaintained alley. Mr. Goldstein stated the Pestello's have a pool in their backyard and have problems with intruders climbing over the fenee from the a11ey. He stated the a11ey has standing water, after a rainfall, and it is dirty with refuse and unmaintained. He felt this alley deereases the value of everyone's property. Mr. Goldstein stated he felt sometimes the good of many should take precedent over the good of a few and the entire alley vacated. He stated there are three or four individuals living above the critical point and two or three individuals living below the critical point and felt all property � owners who abut the alley should be entitled to the same rights. He stated when one balanees the equities, financial hardships, at times, must gave way to the goad of the community. -2- ����"` ` , COUNCIL MEETING OF AUGUST 24 7 87 � Nm. Goldstein stated it also seems an alley that has only one exit is potentially dangerous. He stated in other cities, alleys are required to have a sepanate entrance and exit. He felt the City may be liable in terms of having only one entrance to the alley. Ms. Kim Pestello, representing her mother, EZaine Pestello, stated there is only one family that uses the alley and that is the Reeds at 6017 3rd Street. Mayor Nee stated it appears from the photos submitted by Elaine Pestello that the alley is used by othere who abut it. Councilwoman Jorgenson stated she had inspected the alley today and it appears other people are using it. Ms. Pestello stated the petitioner now uses the alley, but with the vacation they would ereate their own access to 3rd Street. Mr. Robertson stated the petitio�r, Mr. Johnson, lives at 6D51 3rd Street and is proposing a driveway along the north side of his lot for aceess to 3� Street. Mr. Herrick, City Attorney, stated he understands this alley is a public platted alley and if the Council takes away the right of aceess of any � party, they have a alaim for damages. He felt if the Council considers vacating the entire alley, consent of everyone who abuts it would be needed. Mrs. Margaret Reed, 6017 3rd Street, stated in order for them to aceess 3rd Street, it would mean taking down mature trees along the south side of their lot. Councilman Goodspeed stated the alley is really unsightly and woiA d like to see some sort of compromise, if possible, to have it vaeated. Mr. Herriek asked if staff has explored the possibility of providing other access for the Reeds at 6017 3rd Street. He stated if the alley is vacated, it seems the abutting property owners would be receiving a fairly substantial piece of property and possibly an assessment could be considered. Mayor Nee asked Mrs. Reed if there was a way to pay for the driveway, if she would be in favor of the vacation. Mrs. Reed stated the possibility was discussed on reducing the length of the driveway. Mr. Goldstein stated the alley at night is extremely dark and people have the right to protect their property and families. He stated it has been shown that the alley is an avenue used by those who do not wish to respect ' the law. He felt there is a viable means to give the Reed's aecess to their garage. �� � � � d1�,, ,T _ �� v COUNCIL MEETING OF AUGUST 24, 1987 Councilman Schneider asked Mr. Goldstein if he feels there is more crime if only one-half of the alley is vacated as opposed to the entire alley. Mr. Goldstein stated he thinks the risk of crime exists as long as the alley is open at a11. He stated if you allow half the people to secure their property, the others should be given the same right. Mayor Nee stated if the City vacates the Reed's access, there could be a elaim for damages and the question is who would pay. Mr. John Early, 60�41 3rd Street, stated because the alley is only one-way, he has had people drive down it and back into his yard in order to turn around. He stated he would like to see it vacated. MOTION by Councilman Goodspeed to cl ose the public hearang. Seconded by Couneilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:70 p.m. 1he City staff was requested to review this matter further to see if a eolution can be found which would satisfy all those persons affected. OLD BUSINESS: 3. CONSIDERATION OF SECOND READING OF AN ORDINANCE APPROVING A V ACATION, SAV #87-04, TO VACATE EASEMENTS ON LOT u, BLOCK 2, EAST RANCH ESTATES SECOND ADDITION GENERALLY LOCATED AT 771D UNN ERSITY AVENUE N.E., SY J. SENSON AND G. SRADBURY: This item will be considered in conjunetion with Item 13 later in the agenda. �4. CONSIDERATION OF A SPECIAL USE PERMIT, SP �P87-14. TO ALLDW AN AUTOMOBILE SERJICE STATION ON LOTS 1 AND 2, BLOCK 2, CENTRAL VIEW MANOR. THE SAME BEING 7315 HIGHWAY 65 N.E.. BY RAPID OIL CHANGE: : � This item was continued when Council adopted the agenda. G OPENINGS MAY BE FROM A STREET RIGHT-OF-WAY INTERSECTION; TO REDUCE PARKING AND HARD SURFACE SETBACKS FROM A STREET RIGHT-OF-WAY; TO ALLOW THE CONSTRUCTION OF AN AUTOMOBILE SERVICE STATION ON LOTS 1 AND 2. SLOCK 2, CENTRAL VIEW MANOR, THE SAME BEING 7315 HIGHWAY 65 N.E. BY RAPSD OIL CHANGE: This item was continued when Council adopted the agenda. COI�IDERATION OF A VARIANCE, VAR �687-26, TO REDUCE TIiE SIDE YARD SETBACK ON THE STREET SIDE OF A CORNER LOT FROM �5 FEET TO 21 FEET TO ALLOW THE -�- �'^','°',.; .� COUNCIL [�ETIi�HG OF A�DST 24, 1987 � CENTRAL VIEW MANOR. THE SAME BEING 7315 HIGHWAY 65 N.E. BY RAPID OIL CHANGE: This item was continued when Couneil adopted the agenda. 7. COftSIDERATION OF APPOINTMENTS TO THE ENERGY AND ENVIRONMENTAL QUALITY COMrff55I ONS : � MOTION by Councilman Schneider to table this item. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: AND 6536 EAST RNER ROAD N.E.. BY RANDALL OLCHEFSKE AND KLAUS FREYINGER: Mr. Robertson, Community Development Director, stated this proposed rez oning is for the Riverside Car Wash and adjacent property to the north. Ee stated a stipulation on the use of the building to the north would be covered by a restrictive covenant and limited to all land uses provided for in the C-1 (local business) section of the Zoning Code plus restaurant and day care � uses which may be considered as permitted uses. Mr. Robertson stated the petitioner, Mr. Freyinger, has written a letter dated August 19, 1987 asking that the restrictions proposed be eased somewhat to include a health spa facility, veterinarian clinic, limousine service, mini-storage or indoor parking for the River Road East Apartments. He stated all these uses would require special use permits under the C-2 zoning whieh the Council is considering. He stated the health center and legitimate massage service would only be allowed in a C-3 zone with a spscial use permit. Councilman Fitzpatrick stated Mr. Freyinger's request would be a rather significant departure from the items discussed at the public hearing. Mr. Herrick, City Attorney, stated the Council could adopt the restrictive covenant, as proposed, and if the owner feels he must have a use that isn't contained in the covenant, he could request the Council to amend this eovenant. He stated the Council could approve an amendment, if they felt it was a legitimate use oF the facility rather th an broadening the uses at this time and not knowing exactly what type of business would be located in this building. Mr. Freyinger, the petitioner, asked the Council not to narrow the uses. He stated he was making a significant sacrifice for his neighbor in providing parking and it was his understanding he would get a better use of the ' building, Mr. Freyinger stated it is difficult to negotiate with prospective tenants if you do not know if a business will be allowed. He stated he didn't know if he could live with these restrictions. Mr. -5- ������ �, COUNCIL MEETING OF AUGi15T 24, 1987 � Freyinger stated a day care center at this location is ruled out because he cannot get insurance. He stated the restrictive covenant would then only allow a restaurant and he felt this would not be a good use because of the access. Mr. Freyinger stated, however, he has leased one-third of the building to a pizza delivery service. Couneilman Fitzpatrick stated the rezoning has not been approved and if it is of no benefit to the petitioner, it can be withdrawn. Mr. Freyinger stated Mr, pl�hefske is far along with his plans and didn't know if the rezoning could be withdrawn. He stated the recommendation from the Planning Commission was different than what is before the Council. Mr. Robertson stated the Planning Commission stipulation was that the covenant would restrict the C-2 uses to non-automotive oriented uses. Ee stated staff felt it was not specific enough and some of the uses contemplated by the petitioner should be mentioned. Ms. Penny Hlo�uist stated she is considering leasing this building from Mr. Freyinger for a hair and body salon which would offer hair and nail care services, tanning, massage and exercise. She stated she knows the building has a bad name, but would run a strictly legitimate and very upbeat business. ' Councilman Fitzpatrick stated he would favor the first reading of the rezoning ordinance with the stipulations recommended by staff and if the owner has other possible uses, he could submit a request to the Council to consider an amendment to the restrictive covenant. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading with the following stipulations applying for Mr. Olchefske's and Mr. Freyinger's properties: Randall Olchefske, Riverside Car Wash - i1) petitioner agrees to refurbish westerly addition to car wash by adding roof equipment screening and refinishing facade iroof screening details by owner - approved by staff). Work to be completed prior to oecupancy of proposed addition; (2) proposed easterly facing overhead doors to be tan colored; (3) petitioner agrees to provide a masonry dumpster enclosure with opaque gate prior to occupancy of proposed addition; ($) petitioner agrees to install landscaping and provide automatic sprinkling as per City plan dated 7/1/87 on Tract D(except along west edge) prior to occupaney of proposed addition; (5) petitioner agrees to make parking 1 ot driveway improvements ineluding shifting of westerly drive five feet east, and new curbing, blacktopping and retaining wall as indicated on City pl an dated 7/�/87 prior to occupancy of proposed addition. Driveway and retaining wall details submitted by owner prior to building permits; (6) petitioner agrees to execute joint driveway and planting easements (content approved by staff) from Tract D to Tract C priar to publication of ordinance; and (7) petitioner agrees to execute a restrietive covenant agreement stating that land uses under proposed C-2 (General Busxness) ' zoning classification for Tract D, Registered Land Survey No. 19 is limited to all land uses provided for in the C-1 (Local Business) section of the Fridley Zoning Code plus fuel dispensing and car wash uses will be � V ��+✓}�ev1" I COUNCIL t�ETING OF AUGUST 24. 1987 � considered as permitted uses. Klaus Freyinger -(1) petitioner agrees to execute a restrietive covenant agreement stating that land uses under groposed C-2 (General Business) zoning cl assification for Tract B and C, Registered Land Survey No. 19 is limited to all land uses provided for in the C-1 (Local Business) section of the Fridley Zoning Code plus restaurant and day care uses will be considered as permitted uses and completed prior to publication of rezoning ordinance; (2) petitioner agrees to refurbish building including trim painting and roof equipment sereening, prior to occupancy; (3) petitioner agrees to install a brick dumpster enclosure with opaque gate prior to occupancy; (4) petitzoner agrees to install a pylon sign similar to the Riverside Car Wash sign prior to full occupancy; C5) petitioner agrees to install landseaping and automatic sprinkling, as per City plan dated 7J1/87, on Tracts B and C(except along west edge) prior to occupancy; (6) petitioner agrees to install landscape tree wells, plantings, and irrigation along the western edge of Tracts B, C, and D, as per City plan dated 7/1/87 by October 31, 1989; (7) petitioner agrees to make parking lot/driveway improvements including curbing, blacktopping, sealcoating and strlping prior to oceupancy; and (8) pet2tioner agrees to provide �oint driveway easements (content approved by staff} from Sract B to Tract C and �oint driveway and parking easements from Tract C to Tract D, prior to publication of ordinance. Seconded by Councilman Goodspeed, iTpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � LEFFLER: Mr. Robertson, Community Development Director, stated all persons affected by this vacation are in agreement. He stated letters have been received from everyone exeept Mr. Stephen Wallerius, 5703 Washington Avenue, and he has agreed by phone and a letter should be fortheoming. MOTION by Councilman Goodspeed to waive the reading and approve the ordinanee upon first reading. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RECENING TIIE MINUTES OF THE PLANNING CO[•A7ISSION MEETING OF AUGUST 5. 1987: MOTION by Couneilman Schneider to receive the minutes of the Planning Commission Meeting of August 5, 1987. Seconded by Councilman Goodspeed. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. 11. ITEM FROM THE APPEAIS COMMISSION MEETING OF JULY 28, 1987: A-1. CONSIDERATION OF A V ARIANCE, V AR �87-27, TO REDUCE THE DISTANCE FROM ANY PROPERTY LINE FROM 10 FEET TO ' 6 FEET TO ALLOW TIIE ERECTION OF A FREESTANDING, PROJECT IDENTIFICATION SIGN ON L�T 4, EXCEPT THE NORTHERLY 35 F'EET, LOT 5 AND 6, BLOCK 1, PACO -7- Rl � e--�f- o� � ' �_, COIINCIL PBETING OF AUGUST 24, 1987 ' INDUSTRIAL PARK, THE SAME BEING 7110 TO 7190 UNNERSITY AVENUE N.E., BY WINFIELD DEVELOPMENT: Mr. Robertson, Community Development Director, stated this is a request for a variance to reduce the distanee from any property line or driveway From the required 10 feet to 6 feet to allow the erection of a freestanding sign and that the dumpster is to be sereened as noted in the special use permit. He stated the hardship is existing landscaping and utility poles in two corners of the property make it impractical to place a sign at these locations. He stated staff has no objection and the Appeals Commission has recommended approval of this varianee. Mr. Robertson stated it should be noted that before the varianee is issued, a previous stipulation for the dumpster to be screened, which was approved in con7unetion with the special use permit, should be complied with. MOTION by Councilman Goodspeed to grant this variance, V AR 4k87-27, to reduce the distance fnom any property line from 10 feet to 6 feet to allow the erection of a freestanding sign, and that the dumpster is to be screened as noted in the special use permit. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. RECE N ING THE MINUTES OF THE CA7V ADVIS ORY COMMISSION OF JULY 30, 1987: � MOTION hy Councilman Fitzpatrick to receive the minutes of the Cable Television Gommission Meeting of July 3o, 19g7• Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion earried unanimously. 13. AND 3. CONSIDERATION OF SECOND READING OF AN ORDINANCE APPR W ING A V ACATIDN, SAV $87-04, TO VACATE EASEMENTS ON LOT 4, BLOCK 2, EAST RANCH ESTATES SECOND ADDITION. GENERALLY LOCATED AT 7710 UNIVEASITY AVENUE N.E., BY J. BENSON AND G. BRADBURY: Mr. Robertson, Community Development Director, stated there were some questions of ownership raised at the last meeting in regard to lot split, L.S. #87-0�4. He stated portions of land covered under this lot split were to be combined with Mr. Schroer's property with the intent that no land would be landlocked. Mr. Robertson stated staff has submitted a proposed alteration to the original stipulations, as the definite ownership has nct been established at this time, and there is a question whether the original stipulations can be implemented. Mr. Robertson stated the Council has received a memo from Mr. Herrick in which he is, essentially, recommending the Couneil adopt the original ' stipulations, but recognizing that if by some small chance, that land is found not to belong to Mr. Schroer, it be recombined with the land to the west so there would be no landloeked parcels. � 0 �"�"�,, �' % COUNCIL MEETING OF AUGUST 24. 1987 � Mr. Herrick stated Mr. Jim Benson is present this evening and may wish to comment on the current status as Far as the title to Pareel A. Mr. Benson stated there was some concern whether any part of Pareel C is part of Pareel A. He stated the ownership of Parcels C and D, as shown on the map, is not in question and they are owned by Mr. Schroer. He stated the only question regarding the ownership is Pareel A. He stated the title today on this parcel is in Mr. Schrcer's name and he has a quit claim deed. Mr. Benson stated someone is eJ.aiming possible contract interest in this property and it could be months before the awnership is determined. Mayor Nee asked how Pareel A was included in the lot split application. Mr. Benson stated it was a11 Mr. Schrcer's land. He stated when the lot split was originally proposed, Mach3ning, Inc. had title to this property. Mr. Herrick stated Mr. Sehroer sold Parcel A, as shown on the map, to Machining, Inc. on a contract for deed and at the time it was sold, Machining, Inc, owned Lots 5 and 6 to the west and there was no problem with landlocked property. He stated since that time, Machining, Ine, has filed for bankruptcy and a problem arises because of some dispute in the bankruptey court. He stated as far as combimng Parcels C and D, there is no problem. He stated the problem is if Parcel A is combined with the property to the south and this shouldn't be done until the disagreement on the ownership is resolved. He stated he presumes Parcel B isn't part of the 1 controversy and could Ue joined with the property to the south. Mr. Billings, Chairman of the Planning Commission, stated one of the reasons the Planning Commission recommended the stipulation that Parcel A and the adjoining property be tied into one tax parcel with Mr. Sehroer's property was to make sure Parcel A didn't become landlocked because they are vacating a street easement. He stated as long as the property is Mr. Schroer's and becomes part of the property to the south, it is not a problem. He stated if Mr. Schrcer does not have title to Pareel A, there is a question if a landlocked situation has been created. Mr. Benson stated there is no street through the parcel as it was vacated a long time ago. Mr. Robertson stated the records show the street easement still exists. Mr. Billings stated at the Planning Commission meeting it wasn't necessary to verify if the street easement still existed because it was understood all the property was owned by Mr. Schroer. Mr. Herriek asked if pancels C and D are combined for one building site, if this could be done and still provide for a street easement. Mr. Benson answered in the negative and stated if the street easement hasn't already been vacated, it would have to be vacated in order to make it a workable piece of property. ' Mr. Herriek stated it is probably 99� certain that Mr. Schroer will get title to Pareel A or Machining, Inc. would get title. He stated in either � Q3�f��"°..� COUNCIL MEETING OF AUGUST 24. 1987 � case, there wouldn't be any landlocked property. Mr. Benson stated the whole pieee which includes Pancels A, C, and B is one tax pareel all in fee title to Bob Schroer. Mr. Herrick stated he would recommend combining Parcels C and D and not doing anyLhing on the rest at this time. Mr. Benson stated there is an unrecorded easement across the south portion of Parcel B which existed when Mr. Schrcer sold land to Machining, Inc. Mr. Hill, Aeting Caty Manager, stated as he understands, there is a question whether Machining, Ine. actually owns this land. He stated there is a bankruptcy court trustee who doesn't agree on who owns the property. He stated it seems rather complicated, at this point, who aetually has legal ownership of the previous Maehinang, Inc. property. Mr. Benson stated all the discrepaneies are only in Parcel A and not Parcels H, C, or D. He stated when the property was sold to Machining, Inc., the lot split was never before the Council. He stated it was Machining, Inc.'s responsibility to show they may have an interest in Pareel A. Mayor Nee asked how the property was described when Mr. Schroer sold it to Machining, Ine. Mr. Benson stated these are all lots and blocks. � Mr. Billirtgs stated if Mr. Schrcer has an easement over the south portion of Parcel B, it would be has responsibility to prove it exists then it wouldn't be necessary to vacate the street. He stated it isn't the lot split, but the vaeation that may deny access aeross Pareel A. Councilman Schneider asked if there positively is no eontest over the ownership of Pareel C. Mr. Benson stated there is a copy af the contract for deed in the City's files on this parcel. Mr. Benson stated Mr. Schroer advised him the whole street was vaeated, but the City doesn�t have records as such. Mr. Herrick stated if the street was vacated, the records would be on file with the City. Mr. Herrick stated he believed additional research has to be completed to determine if there is an easement across the southern portion of Parcel B, west to Ranehers Road and if the street easement through the eastern portion of Parcel C has been vacated. Councilman Goodspeed stated he would agree no aetion shou] d be taken on the vacation request until the issues are resolved. MOTION by Councilman Goodspeed to table the two items, 13 and 3, until the question on ownership and easements are resolved. Seconded by Couneilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the ' motion carried unanimously. -10- � ' � 14 15 � ��`� ��� COUNCIL MEETING OF AUGLIST 24, 1987 CONSIDERATION OF APPOINTMENT TO THE ANO%A COUNTY SOLID WASTE ABATEMENT ADVISORY TASK FORCE: Councilman Goodspeed asked if someone from the Environmental Quality Commission may wish to serve on this task force. Mr. Robertson, Community Development Director, stated he believed this was diseussed at the Commission level and it was suggested Myra Wicklacz be appointed. MOTION by Councilman Schneider to concur with staff's recommendation and appoint MyraWicklaez to the Anoka County Solid Waste Abatement Advasory Task Force. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. CONSIDERATION OF CHANGE ORDER N0. 4 FOR DEMOLITION AND SITE GRADING PROJECT N0. 163: Mr. Robertson, Community Development Director, stated the HRA approved this change order at their August meeting. He stated, technically, a change order cannot be executed until it is approved by the City Council. He stated the circumstances of this change order, however, required the HRA to act to implement the intent of the law, rather than the letter of the law. He stated if the contractor had to wait for Council aetion, additional costs would have occurred and, in consulting with the City Attorney, staff was advised the ehange order should be processed in the most expedient and cost effective way. MOTION by Councilman Schneider to approve Change Order No. 4, Demolition and Site Grading Pro�ect #163, with Enebak Construction Company in the amount of $38,750 for a revised contract amount of $1,200,863• Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. CONSIDERATION OF AMENDING TKDA AGREEMENT FOR DESIGN AND REPAIR aF 1.5 MG RESERVOIR PROJECT N0. 161: Mc, Flora, Pu61ie Works Direetor, stated the repair of the 1.5 fT: resercoir on Johnson Sti'eet has been completed by Western Waterproofing at a eost of $78,59�• He stated the City had a contraet with TKDA to conduct the inspection work for a lump sum of $1,800. He stated a question was raised about the epoxy in the tank and TKDA was requested to run tests. Mr. Flora stated TKDA is requesting compensation for these tests at $7,146.95 and additional compensation for soliciting prices from other contractors at a cost of $803•54 or a total of $1,950.49 to be added to the original contraet of $1,$00. Couneilman Schneider asked who selected the contractor for this pro�ect. Mr. Flora stated this contractor was the low bidder and the City awarded the bid based on TKDA's recommendation. Councilman Schneider stated the City contracts with experts and he is _��_ L��� ��� l COUNCIL MEETING OF AUGUST 24, 1987 � disturbed when a pro�ect is half finished, items are forgotten and have to be added, TKDA comes back for additional compensation. He felt the homework upfront isn't being aceomplished. He stated he would like a representative from TKDA to talk to the Council regarding some of these things which have happened in the past. � 17 . Mayor Nee stated it seems the City always pays for TICDA's mistakes. He stated he would like to see a short paragraph on each issue to see the reality of the City's experience with TKDA over the last several years. Councilman Schneider stated he didn't ob�ect to a good consultant, but when there are errors, it costs everyone additional money and then to compensate TKDA for errors is not right. Mayor Nee stated he felt these additional costs should be paid, but a representative of TKDA should discuss these issues with the Council. MOTION by Councilman Goodspeed to approve the amendment to the agreement wrth TKDA to the Supplemental Contract for Construction Administration Services for repair of the 1.5 MG Reservoir, Pro�ect ik161, for a total amount of $3,750.49. Seeonded by Couneilman Fitzpatrick. Upon a voiee vote, all voting aye, Mayor Nee deelared the motion carried unanimously. Mr. Robertson, Community Development Director, stated the City received the land survey on this lot split and petitioner has agreed to the stipul ations that the southerly portion of the split pareel is to be added to Sandee's Restaurant pareel concurrently with recording of subdivison and a park fee of $1,905 is to be paid prior to recording the lot split. MOTION by Gouncilman Schneider to adopt Resolution No. 62-1987 with the stipulations attached as Eshibit A. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated since Petitions No. 4-1987, 5-1487, 6-1987 and 7-1987 (Item 23 on the agenda) are darectly related to the next two resolutions on W ater and Sanitary Sewer Pro,7eet No. 169, he requested this item be considered at this time. 23• ��EIVING PETITION N0. 4-1987 FROM ROSEWOOD CORPORATION REQUESTING THE INSTALLATION OF STORM SEWER TO SERJE THE PROPERTY: AND RECEIVIPdG PETITION N0. 5-1987 FROM FMC CORPORATION REQUESTING A 20-INCH � ANL RECEN ING PETITION N0. 6-1987 FROM LONGVIEW FIBRE COMPANY REQUESTING A 20-INCH WATERMAIN INSTALLED ON THE EAST SIDE OF BUILAING: _12_ ��'�, .� � COUNCIL MEETING OF AUGUST 24 7 87 ' AND RECE N ING PETITION N0. 7-1487 FROM LAMAUR, INC. REQUESTING THE INSTALLATION OF A 24-INCH WATERMAIN ALONG THE EAST BORDER OF THEIR PROPERTY: MOTION by Councilman Fitzpatriek to receive Petitions No. 4-1987, 5-1987, 6- 1987 and 7-1987. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. RESOLUTION N0. 63-1987 ORDERING PRELIMINARY PLANS. SPECIFICATIONS AND ESTIMATES OF THE CQSTS THEREOF: WATER & SANITARY SEWER PROJECT N0. 169: Mr. Flora, Public Works Director, stated with development of the Burlington Northern Industrial area, stafF has been preparing plans to provide a larger and additional water source to the area. He stated with the expansions of Longview Fibre and LaMaur, they have i�entified a requirement for additional water services. He stated staff has worked with these companies and obtained petitions for installation of a 20-inch waterline from I-694 south to Well Number 13 and a 24-inch waterline from I-69� north to 57th Street extension. He stated staff was advised by Midwest Printing that they would also be submitting a petition for these improvements. Mr. Flora stated a storm water improvement is also ineluded in this projeet to correct an erosion problem on Oak Glenn Creek and a petition for storm water improvements was received from Rosewood Corporation for development of property on Osborne and Main Street. � Mr. Flora stated staff has been working with the Navy Department to obtain necessary easements to construct the waterline along the northern boundary of their property and it is anticipated the easements will be provided within the next month. He stated in order to advertise and award the eontract this fall, this resolution and a resolution receiving the preliminary report and waiving the public hearing are before the Council for consideration. Mr. Flora stated the remaining two resolutions (receiving final plans and authorizing advertisement) will be submitted upon receipt of the Navy easement. MOTION by Co�cilman Fitzpatrick to adopt Resolution No. 63-1987• Seconded by Couneilman Sehneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. RESOLUTION N0. 64-1987 RECEIVING THE PRELIMINARY REPORT AND WAN ING THE PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS, WATER & SANITARY SEWER PROJECT N0. 169: MOTION by Couneilman Fitzpatrick to adopt Resolution No. 64-1987• Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. 2D. RESOLUTION N0. 65-1987 APPROVING ADJUSTMENTS OF THE 1987 BUDGET OF THE NORTH METRO CONVENTION AND TOUR7SM BUREAU: � Mr. Hunt, Assistant to the City Manager, stated the City's agreement with the North Metro Convention and Tourism Bureau requires that any budget -73- � � ' {�- ��El� .i COUNCIL MEETING OF AUGUST 24, 1987 ehange of more than 10� requires City Council approval of all participating cities. He stated the budget was revised in July and since there are a number of items changed by more than 10�, the Council's approval is requested 6y adoption of this resolution. MOTION by Councilman Schneider to adopt Resolution No. 65-1987• Seconded by Couneilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. RESOLUTION N0. 66-1987 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR 1487 SEIN ICE CONNECTIDNS: 2z 23 MOTION by Councilman Sehneider to adopt Resolution No. 66-7g87. Seconded by Councilman Fitzpatriek. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 67-1987 DIRECTING THE PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR THE 1987 SERVICE CONNECTIONS: MOTION by Councilman Schneider to adopt Resolution No. 67-1987 and set the public hearing for September 14, 1987. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee decl ared the motion carried unanimouely. RECEN ING PETITIOIIS N0. 4-1987, 5-1987. 6-1987 AND 7-1987: This item was considered by Council earlier in the agenda hefore Item 18. 24. CLAINS: 25 26 MOTION by Councilman Fitzpatrick to authorize payment of Claims No. 15847 through 16184. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carraed unanimously. LICENSES• MOTION by Councilman Goodspeed to approve the licenses as submitted and as on file in the Lieense Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee decl ared the motion carried unanimously. ESTSMATES: MOTSON by Couneilman Goodspeed to approve the estimates as submitted: Smith, Juster, Feikema, Malmon & Haskvitz 6401 University Avenue N.E. Suite 301 Fridley, MN 55432 For Services Rendered as City Prosecutor for the Month of July, 1987 ....... _� 1�_ . . $ 8,106.69 � ' I J lJ\J�J� F^' COONCIL MEETING OF AIIGUST 24, 7987 Western Waterproofing 2838 Stevens Ave., So. Minneapolis, MN 55408 Repair of 1.5 I� Reservoir Project �k161 FINAL ESTIMATE . . . . . . . . . . . . . . . . . . . . $ 9,438.00 Enebak Construetion P. 0. Box 45 8 Northfield, MN 55057 Demolition & Site Grading Projeet �k163 Partial Estimate #6 . . . . . . . . . . . . . . . . . $90,4�1-21 Halvorson Construction 4227 - 765th Ave., N.E. Anoka, MN 55304 Miscellaneous Conerete Curb, Gutter & Sidewalk Project Partial Estimate �5 . . . . . . . . . . . . . $ 1,59a•�5 Eugene A. Hickok & Associates 545 Indian Mound Wayzata, Mn 55391 Moore Lake Project Phase II Partial Estimate . . . . . . . . . . . . . . . . . . $ 6,211.63 Northwest Asphalt 1451 County Road �89 Shakopee, t7N 55375 Street Improvement Pro�eet No. ST. 1987 - 1 Partial Estimate No. 4 . . . . . . . . . . . . . . . . $10,109.71 Subterranean Engineering Corp. 6875 Highway 65, N.E. Minneapolis, MN 55432 Demolition & Site Grading Projeet 41163 Partial Estimate . . . . . . . . . . . . . . . . . . . $ 244.50 Sunde Engineering 9001 E. Bloomington Freeway Bloomington, MN 55420 Demolition & Site Grading Project �P163 Partial Estimate . . . . . . . . . . . . . . . . . . . $ 5,541.75 Seconded by Couneilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 27. RECEN ING AN ENVIRQNMENTAL ASSESSMENT WQRKSHEET FROM CENTRAL ROOFING, 45Q0 MAIN STREET N.E.: Mr. Robertson, Community Development Direetor, stated this spring the City -15- '���; ��- COUNCIL l�ETING OF ADGUST 2�F. 1987 � received an application for a special use permit for outdoor storage from Central Roofing. He stated because of the questions raised regarding possible odor emissions from this type of business, two major investigations were undertaken. He stated one investigation involved the design of a field odor test by Twin City Testing conducted on April 27 and 28 and the other investigation was to require the respeetive purchasers of the property to prepare an Environmental Assessment Worksheet(EAW) to explore not only the question of odor, but the possibility of ground water and soil contamination. He stated the Environmental Assessment Worksheet was completed and distributed. Mr. Robertson stated in the meantime, Mr. Sigorelli arranged for a repeat of the odor test with members of the City Council, staff and residents directly across the street from the proposed site to pariicipate as an odor testing panel. He stated from the summary received, the results of the odor test were essentially the same as those by ltain City Testing. He stated when a truck loaded with hot mix drives by, you can smell an asphalt odor for five to ten seeonds, about the same intensity of smell from a diesel truck or bus. Mr. Robertson stated the Council must make a determination if they wish to continue the environmental review process or simply have the petitioner continue with the special use permit process. � Councilman Fitzpatrick stated from the latest report, the EAW should be received and the environmental review process should not be continued. MOTION by Councilman Fitzpatrick to receive the Environmental Asaessment Worksheet from Central Roofing and direct staff to submit the special use permit application to the Planning Commission. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 28. CONSTDERATTON OF CHANGE ORDER N0. 2 FOR COMMONS PARK FILTRATION PLANT PROJECT #164: Mr. Kurt Johnson, representing TKDA, stated this ehange order is necessary to furnish and install reinforcing steel zn the existing treatment plant wall underpinning at an additional cost of $7,831 and to substitute electrieal wire size at a reduced cost of $1,700. He stated although there is a reduetion of $1,700 in regard to the electrical wire, it would be necessary to install the primary to the transformer by I1SP at a cost of $500 sinee 100 feet are involved at $5.00 per foot. He stated, therefore, the net savings is about $1,200. Mr. Jchnson stated in regard to installation of reinforcing steel in the wall underpinning, on TKDA's drawings there is no mention of reinforcing steel. He stated there was no way the contractor could have anticipated this item when he was bidding the pro�eet as it was ignored in the design � process. He stated once TKDA realized this was not included, it was reviewed and negotiations were held with the contraetor on the cost for this work. Mr. Johnson stated TKDA is bearing $899 of the costs in regard to the -16- ��r�i _"*` w,R. COUNCIL MEETING OF AUGDST 2�F. 1987 � amount of work lost as a result of TKDA's stop order and as it directly relates to the �ission of the information on the plans. This amount would be deducted from the TKDA contract. hh�. Flora stated what was not shown on the plans was several feet of conerete th at had to be installed and reinforced with steel. Mayor Nee questioned if the contractor had received all the necessary information when the project was bid, zf the cost would have been the same. Mr. Johnson stated all costs are reasonable and these would have oecurred in the original bid. MOTION by Couneilman Schneider to approve Change Order No. 2, Commons Park Filtration Plant, Project �164, in the amount of $6,131 with Shank Mechanical, Ine, for a revised contract amount of $1,�106,131. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Sehneider to adjourn the meetang. Seconded by Couneilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously and the Regular Meeting of the ' Fridley City Couneil of August 24, 1987 ad�ourned at 10:00 p.m. Respectfully submitted, `, 1 /� , /��'�c-Y-�� � �L j��� _ `� � �_ .'C, �p�i�-.E.<�_ ..� ��1, Carole Haddad William J. e Secretary to the City Couneil Mayor Approved: L �I -17-