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04/07/1980 - 00013573� � � if � h THE MINUTES OF THE REGULAR MEETING OF THE FRI�LEY CTTY COUNCIL OF APRIL 7, 1980 The Regular Meeting of the Frtdley City Council was called to order at 7•30 p.m by Mayor Nee. PLEDGE OF ALLEGIANCE• Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT PRESENTATION OF AWARDS: Mayor Nee, Councilman Qarnette, Councilman Schne�der, Councilwoman Moses and Councilman Fitzpatrick None CERTIFICATES OF APPRECIATION - COMMISSIONS: A cert�ficate of appreciation was presented to the following persons who had served the community as a member of one of the City Commissions. Marlyis Carpenter, Human Resources Commission Connie Metcalf, Environmental Quality Commission Betty Mech, Parks and Recreation Commission Carolyn Blanding, Cable Television Commission Mayor Nee stated, as a member of a volunteer commission, these persons served without compensation and contr�buted a great deal of time and effort towards the betterment of the community. P�ayor Nee and the Council members extended their thanks and appreciation to these persons for their service on the commissions APPROUAL OF MINUTES: REGULAR MEETING, MARCH 17, 1980• MOTION by Councilman Schneider to approve the minutes as presented Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA The following items were added. "Receiving a Petition of Thanks to the Park and Recreation Department" and "Consideration of a Resolution of Commendation for Senator Schaaf tn Regard to the Springbrook Nature Center" MOTION by Councilman Fitzpatrick to adopt the agenda with the above two addi- tions Seconded by Councilman Schneider. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: Mr. Jtm Kubiatorwicz, 1630 Rice Creek Road, appeared before the Counc�l re- garding his concern about the appearance of some of the residences in his � neighborhood. Mr. Kubiatorwicz stated some of these homes have a number of vehicles, tires, and sheets of plywood in the yards and wanted to know if something could be done to improve the sttuat�on. Councilman Schneider stated he has talked wtth Mr Kubiatorwtcz regarding this matter and some homes immediately across the street from Mr. Kubiatorwicz have excessive amounts of lumber, tires and a nuin6er of automobiles He further stated the home to the East is boarded up and they have some un- licensed veh�cles on the property. He felt some of these things could be taken care of under the existing City ordinances. ��� REGULAR MEETING OF APRIL 7, 1980 PAGE 2 Councilman Schneider stated he would further check into the matter to try and resolve the problems Mr. Wayne Pfuhl, 1541 Camelot Lane, appeared before the Council regarding the position of Deputy Public Safety Director in the Police �epartment. He stated the matter of the need for this position has been discussed at great lengths in the Police �epartment, and there is a concern whether this position is needed He pointed out the duties of the position would be similar to those now performed by the Public Safety Director and , Lieutenant, and if the position is filled, there would be one superv�sory or management personnel for every nine police officers. Mr. Pfuhl presented a petit�on containing over 600 signatures in opposition to th�s posit�on and requested the Council take a hard look regarding the need He stated, as taxpayers of the City, they feel the position is un- �ustified and an unnecessary expend�ture. Mayor Nee stated the Council would certainly take a look at it, but indicated he would ltke to contact some of the persons who signed the petition regard- tng their feelings and comments. It was requested that staff forward a copy of the petition to all Council members MOTION by Councilman Schneider to receive the petition in opposition to the position of Deputy Public Safety Director. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously. NEW BUSIPdESS: CONSIDERATION OF REQUEST FOR SECON� EXTENSIOP! OF TIME FOR SPECIAL USE PERMIT, SP ,'�r78-10 FOR CONSTRUCTION OF NEW HOME IN FLOOD PLAIN, CRP-2, °D53 RI�ERUIEW TERRlICE, ALLEN B. STAHLBERG CITY COUPICIL APPROVED FIRST 6-P10"dTH EXTENSION P1r. Qureshi, City P7anager, stated this extension is requested by Mr. Stahlberg, as he �s apparently having difficulty in obtaining financing for construction of this home. MOTION by Councilman Fitzpatrick to approve another six month extension of time for Special Use Perm�t, SP ,�78-10 for Allen B. Stahlberg. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously CONSIDERATION OF REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE TO ALLOW CONSTRUCTION OF A HOUSE AT 4800 - 3RD STREET N. E., BY GORDON HEDLUN�, 1255 PIKE LAKE DRIVE, NEW BRIGHTON, MINMESOTA 55112: Mayor Nee stated these variances have been the sub�ect of a considerable amount of deliberations and public hearings. He stated a draft of the findings of fact and conclusions of law and order is now before the Counctl for consideration He stated the sense of these find�ngs is to deny the variances and the question is whether or not the findings reflect the Council's views 1 Councilwoman Moses stated, after heartng both sides, she felt this finding does represent her viewpornt. She stated the ordtnance has been �n effect for well over 25 years and would support the findtngs of the City Attorney. , Mr. Herrick, City Attorney, stated the finding is in a draft or outline form. Therefore, he would like an indication from the Council as to whether the conclusions and findings of fact are consistent with what they would want in a final document He stated, if this is the case, the references in the draft copy would be inserted and brought back to the Council for approval at the next meeting. ' REGULAR MEETING OF APRIL 7, 1980 PasE s A71 Counc�l members were in aqreement w�th the f�nding and the following mot�on was made. MOTION by Councilman Fitzpatrick to concur w�th the draft of the findings of fact and request it be completed and returned to the Council �n finished form for action. Seconded by Counctlwoman Moses. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE PLANNING COMMISSION MINUTES OF h9ARCH 19, 1980: CONSIDERATION OF REQUEST FOR SPECIAL USE PERMIT, SP #80-02 TO ALLOW f1WFl I TNG Tfl RF IISFII AS FAfTI TTV Ff1R RATTFRFII W(1MFN ANfI CNTI f1RFN - MOTION by Councilman Schneider to concur w�th the recommendation of the Planning Commtssion and grant Spec�al Use Permit, SP #'80-02. Seconded by Counc�lwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF UACATION REQUEST, SAU �r80-01, TO VACATE PART OF UTILITY EASEMENT FOR BUILDING ADDITION TO JOIN TWO BUIL�INGS, 7280 COMMERCE CIRCLE EAST AND 7281 COMMERCE CIRCLE WEST, P W. PASCHKE MOTION by Councilwoman Moses to set the publ�c hearing on this vacation request for April 21, 1980, Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unani- mously. CONSIDERATION OF ITEP1 FROM APPEALS COMMISSION MINUTES OF MARCH 11, 1980: CONSIDERATION OF REQUEST FOR VARIANCES TO REDUCE MINIMUM REQUIREMENT '� ��� Mr Flora, Public Works Director, stated a total of four variances are requested with two applying to the docks, and the other two applying to the � distance between a huilding and the curb line. He stated a setback of 30 feet is requ�red from the property ltne for construction of the docks and they are requesting a variance of five feet. Further, the code requires five feet 6etween a building and the curb line and a three foot �✓ariance is requested. Mayor Nee stated apparently staff had suggested several alternatives so there wouldn't be a need for any varidnces, but they were not acceptable Mr. Floyd Gustavson stated they have to have the loadtng docks, and without the variances, the addttion would have to be smaller which wouldn't be feas�6le. Councilman Schneider asked if they had contacted the adjacent property owners Mr. Gustavson stated the property owners to the South are aware of their plans, but they haven't talked with anyone in the trailer court. He stated notices were sent of the public hearrng and no one had voiced any opposition Councilman Schneider stated he d�dn't have a pro6lem w�th the dock on the South side, but had some questions on the one whtch would be located near the trailer park. Mr. Qureshi, City Manager, suggested if there were questions to be resolved, perhaps this item could be brought 6ack next week with further information. � MOTION 6y Councilman Schne�der to table this Ztem for one week and direct the staff to bring back further information. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning Commission Meettng of March 19, 1980. Seconded by Councilman Barnette Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously. 1�� REGULAR MEETING OF APRIL 7, 1980 RECEIVING CHARTER COMMISSION P1INUTES OF JANUARY 8, 19�0 �,,. � MOTIO�J by Councilman Schneider to rece�ve the minutes of the Charter Commiss�on Meeting of January 8, 1980. Seconded by Councilman Fitzpatrick. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated that he and the City Manager have appeared before the Cable Television Commission and responded to the questions they had raised. RECEIVING POLICE CIUIL SERVICE COMMISSION MINUTES OF FEBRUARY 25, 1980 MOTION by Councilman Schneider to rece�ve the minutes of the Police Civil Service Commission Meeting of February 25, 1980. Seconded by Councilwoman P4oses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, Counc�lman Schneider felt perhaps some mim mal amount of notes regarding the dtscussion that took place at the meeting would be useful. Mr. Herrick, City Attorney, stated a suggestion could be made for more de- tailed minutes, but it was a question of whether or notthey wanted to do this and also, if they had the resources available. f�ayor iJee felt it is a question of whether the Council wishes to provide secretar�al services. MOTION by Councilman S�hneider to direct the City Manager to offer secre- tarial services to the Police Commission for the purposes of recording and typing m�nutes. Seconded by Councilman Barnette, Upon a votce vote, all voting aye, Mayor Nee declared the mot�on carr�ed unanimously. RESOLUTION N0. 29-1980 OR�ERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS. WATER RESERVOIR REPAIR: Mr. Flora, Public Works Director, stated this reservoir was drained whtch revealed some problems with the concrete falling off and requires some patching and sealtng to prevent further deterioration. Mr. Flora stated �t has been 13 years since any repair work has been done and the anticipated cost for this work is $20,000. He felt the repair work shou1d be done to get the reservoir back into operation before the summer months. Counc�lman Schneider asked what would happen reservoir was not in service by summer. Mr. a problem meeting the City's water demands. if repairs were delayed and the Flora stated they would have M�TI�N by Counczlwoman Moses to adopt Resolut�on No. 29-198�. Seconded by Councilman Schneider. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously. I�ERATION OF TOWING CONTRACT: Mr. Brunsell, City Clerk, stated the City's towing contractor, Shorty's Tow- ing, has requested a fifteen percent ad�ustment in the current towtng rates due to tnflationary factars. He stated he felt this was �ustified, however, Shorty's does have an outstanding bill with the City for rent and felt per- haps this should be paid. MOTION by Councilman Barnette to approve the amendment of the rate revistons for the towing contract with Shorty's, contingent on their paying the presently overdue rent. Seconded by Councilman Fitzpatrick. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' , , � � REGULAR MEETING OF APRIL 7, 1980 BIDS AN� AWARDING CONTRACT - 1980 S Page 5 E CONTROL MOTION by Counc�lman Schneider to receive the bids for the 1980 Shade Tree �isease Control Program for tree removal service. QUOTATIDN FOR: 0" - 5.9" DBH 6" - 7.9" DBH 8" - 9.9" DBH 10" _ 11 9" DBH 12" _ 13.9" DBH 14" - 15.9" DBH 16" - 17.9" DBH 18" - 19 9" DBH Per 2" increment over 20.0" �BH Hauling to Landfill Subtraction for leaving stump but debarking it Additional Amounts: % Close Power lines: Bldgs., other imp., shrubs No vehicle access: Cost per foot of VAPAM Cost per foot of trenched root barrier Reduction �f free landfill is provided % Bid Bond Bredwell In $ 16.00 24 00 38 00 48 00 64.00 82.00 109.00 138.00 13.00 6.OD/5 yds 15.00 10°l0 17% 17i 2. 00/ft. � 75/ft .50/yd. 55,000.00 Clark Landscaping $20.00 30.00 40.OD 5D.00 70.OD 100.00 125.00 150.00 15.00 40 00/ 5 yds 25/inch 10% 15% 25% 2.00/ft. 3.00/ft. none none Hipp's Nursery $33.00 40. 00 55. 00 75.00 80 00 95.00 115.00 125. 00 � �_ � Klawitter Landscape & Tree Service $ 45 00 63.00 81.OD 99.00 117.00 135.00 153 00 171.00 21.00 18 00 65.00/5 yds 45 00/5 yds 5 00 15l 15% 25% 1.50/ft 4.95/ft 5% none 1.00/�nch 20% 20% 40i 2 50/ft 3.75/ft. l0i $5,000.00 Seconded by Councilman 6arnette. Upon a voice vote, all voting aye, P4ayor Mee declared the motion carried unanimously. MOTION by Councilman Moses to award the btd to the lowest bidder, Bredwell, Inc., for the 1980 Shade Tree Disease Control Program. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. CONSIDERATION OF CLAIM REGARDING CHROMY VS. CITY OF FRI�LEY AND COMSTOCK AND DAVIS Mr. Herrick, City Attorney, stated that Comstock and Davis would be pay�ng one- half of this claim. He stated the claims were of two different types, one was a claim for addttional work that was based on greater quantities than was esti- mated and the other type of claim was that the plans and specificat�ons were not adequate and caused some additional work on the part of the contractor and later, the contracting company. Mr. Herrick stated, for these reasons, it was determined the City and Comstock and �avis would share equally in payment of the claim. MOTION by Councilman Fitzpatrick to approve the amount of $27,000 as the City's � portion in payment of the clatm of Chromy vs. City of Fridley and Comstock and Davts Seconded by Schneider. Upon a votce vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Fitzpatr�ck to authorize payment of Claims No. 052522 through 094991 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee d�clared the mot�on carried unam mously. �"i%. REGULAR MEETING OF APRIL 7, 1980 LICENSES� '..• . MOTION by Counc�luroman Moses to approve the license as submitted and as on file in the License Clerk's Office. Seconded by Councilman Barnette Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. ESTIP1ATES MOTION by Councilman Fitzpatrick to approve the estimates as submitted. Talle, Herrick & Munns 316 E. Main Street Anoka, MN 55303 For legal services rendered as City Attorney during the month of March, 1980 $2,100 00 Seconded by Councilman Schneider. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously CONSIDERATION OF RESCHEDULING PUBLIC HEARING TO APRIL 21, 1980 FOR REZONING Mr. Quresh�, City Manager, stated the notice of public hearing had the wrong date and, therefore, needs to be republished. P10TION by Counc�lwoman Moses to approve the rescheduling of this public hear- ing for April 21, 1980. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor fdee declared the motion carried unam mously COMMUNICATIONS: KARLA BLOMBERG: PARK DEDICATION: Ms Blomberg stated when they met with the City Attorney and the C�ty Manager, they knew the land given for park purposes wouldn't be used as such, but unoerstands the funds are necessary for parks. She stated it was figured that $45,000 would be a fair amount and if the City sold the three lots that would be given to them, free and clear, they would sell for about $18,000 each or a total of $54,000. Mr. Qureshi, Cit,y Manager, felt the proposal of giving three contiguous lots, which are ericumbered with no assessments against them is reasonable if the factor of $45,000 is what they are seeking, He stated, as for the park fee commitment, he would agree with them on t M s item. Mr. Qureshi po�nted out, however, there are other technical issues that need to be resolved concer m ng engineering, and they would have to work w�th the developers on these matters. He stated the plat has been changed from the original concept and feels they have to work wtth the developers on this item. Councilman Barnette pointed out what Ms. I3lomberg is asking in her letter of March 25, 1980 that if these lots would eventually be sold, they would want a guarantee they would be marketed through them. Mr. Herrick, City Attorney, stated, as part of the consideration, the City would ayree to use tnem as a realtor, tf this was the procedure the C�ty followed. He felt thPra should be an understandina the chances are very slim a realtor would be used, if the City sold the lots. He stated the pro- cess used is the City usually advertises land for sale and receives bids. He stated he didn't want to deceive anyone into thinktng there would be a listing 6ecause, if past practices are followed, there probably wouldn't be ary listing through a realtor. 1 , , � � 4� REGULAR MEETING OF APRIL 7, 198D � Page 7 Ms Blomberg stated she understood this, but didn't realize there were any engineering problems and would like to get these resolved. Councilwoman Moses pointed out the Council has not seen a plat showing where the back yard easements have been decreased She stated, however, she was glad they redesigned the plat so that the outlot would take care of the drainage. Ms. Blomberg questioned if there was something specifically the City needed � Mr Qureshi stated the City does not have a complete plat of the property He indicated they are now at a point of putting all the information together and felt this can be resolved and brought back to the Council. Counctlman Schneider felt the developers should meet with the City Manager to make sure the City's concerns are worked out. MOTION by Councilman Schnetder to receive the communication from Karla Blomberg dated March 25, 1980 Seconded by Counctlwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING PETITION '�1-1980 OF THANKS TO THE PARK AND RECREATION DEPARTMENT: Councilwoman Moses stated she received a petition from residents in Melody Manor thanking �r. Boudreau, the Park Department, and the City for their coop- eration in working in Madsen and Flanery Parks for an additional baseball diamond MOTION by Councilwoman Moses to receive petit�on tt1-1980 of thanks and refer it to the admin�stration. Seconded by Counctlman Fitzpatrick Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously RESOLUTION N0. 30-1980 OF COPIMEPJ�ATION TO SENP,TOR GAVID SCHAAF FOR HIS EFFORTS ON BEHALF OF SPRINGBROOK NATURE CENTER• � Councilwoman Moses stated next Saturday there would be a dedication at the Sprtngbrook Nature Center and requested Council to consider a resolution recognizing Senator Schaaf for all the work he has done tn regard to the nature center.. MOTION by Councilwoman Moses to adopt Resolution No 30-1980. Seconded 6y Councilman Schneider. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. Councilman Barnette pointed out in 1974, Ordinance No. 559 was passed dealing with the cutting of trees on City property. He felt there would be a violation of this ordinance, if trees are cut for constructton of the nature center building He asked Ms. Bar6ara Hughes if she recalled this ordinance Ms. Hughes stated she did remember the ordinance. Councilwoman Moses questioned if the members of the Parks and Recreation Commission were present to discuss the motton which was tabled at the fqarch 17, 1980 meeting regarding the Sprtngbrook Nature Center. Ms. Hu9hes stated they wished to advise the Council what transformed at the special Parks and Recreation meet�ng. Mr. Qureshi, City Manager, stated he attended the Parks and Recreation meet- ing and asked Commission members to be present this evening. He stated he � would recommend Council meet with the Commission for an informal discussion. Mayor Nee suggested the Council ad,7ourn and meet with the members of the Commission. ADJOURNMENT: MOTION by Councilman Fitzpatrick to ad,7ourn the meeting. Seconded by Council- man Schneider Upon a voice vote, all voting aye, P4ayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of April 7, 1980 ad,7ourned at 9 p.m /� ti � Resgectfully s�A ubm�6e�_ �/�.�;���f�����`� � � �� � �/�—I--(�- ���-.o—t, - Carol e Haddad 41i 11 i am J Ne��� Secy. to the City Council h4ayor Approved: APr�I 7, 1980