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09/28/1981 - 00013110� � � THE MINUTES DF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 28, 1981 The Regular Meeting of the Fridley City Council was called to order at 7:35 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 APPR4VAL OF MINUTES: Mayor Nee, Councilman Barnette, Councilman Schneider, Counc�lman Fitzpatrick and Councilwoman Moses-Martin None REGULAR MEETTNG, SEPTEMBER 14, 1981: MOTION by Councilwoman Moses-Martin to apprnv� the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CANUASS OF VOTES MEETING. SEPFEMBER 17. 1981. MOTION by Councilman Schneider to approve the canvass of votes from the September 15, 1981 prtmary election. Seconded by Councilwoman Moses-Martin. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unan�mously. ADOPTION OF AGENDA. MOTION by Counctlman Fitzpatrick to adopt the agenda as submitted. Seconded by Counctlwoman Moses-Martin. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. OPEN FORUM, VISITIORS. REPORT - INTERNATIONAL YEAR OF DISABLED PERSONS' BALLOOfJ SALE PROJECT: Ms. 6arbara Terpstra reported on the International Year of the �isabled Persons' balloon sale pro,7ect. She stated a check is being sent to Fridley in the amount of $390.56; $300 of which is the return of funds provided by Fridley and the $90.56 is Fridley's share of the balloon pro,7ect profits. Ms. Terpstra stated thetr organization has now sent a survey to every home in Fridley to f�nd out how many disabled persons there are in the iC�ty. She requested they be allowed to use the funds returned to the C�ty to cover the postage on these surveys. Ms. Terpstra stated a full report would be given to the Council, after all the surveys have been returr�ed. Mayor Nee suygested their request, for the postage to be paid, be after the surveys are returned. �EBRIS - LOCKE LAKE: Mr. Ray Luniewski, 6959 Hickory Circle, stated branches and debris have piled up since the City lowered Locke Lake and requested this be removed or the Fire Department burn it. Y/ _ il � REGULAR MEETIPIG OF SEPTEMBER 2H, 1981 PAGE 2 Mr. Flora, Public Works �irector, stated the City submttted a request to the Environmental Protection Agency to allow them to burn this debris, but the permit was denied, however, they are still worktng on trying to obtain a permit. Councilman Barnette questioned when the repairs would be completed. Mr. Flora stated they had delays becuase of the weather, but hope to get the water back 6y this weekend. Mayor Nee stated staff would check into this further to try and resolve the ' probl�m. PUBLIC HEARING: IC HEARING ON AN ORDINANCE CHANGE TO CHAPTER 506 OF THE FRIDLEY CITY ��onovTnir_ nr vruTri Gc�� MOTION by CQUncilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman P1oses-Martin. Upon a vo�ce vote, all vot�ng aye, Mayor Nee declared the motion carried unan�mously and the public hearing opened at 7:45 p. m. Mr. Flora, Public Works Director, stated this ordinance would restrict those vehicles over 12,000 pounds from parking on a residential area other than for offic�al bustness. The Council raised the questton if vans or pickup trucks would be affected. Mr Flora stated �t would not affect them 6ecause they would be under the 12,000 pound weight. No persons �n the audience spoke regarding this proposed ordinance. MOTION by Councilman Barnette to close the public hearing. Seconded by , Councilman Fitzpatrick. Upon a vo�ce vote, all voting aye, M�yor Nee declared the mot�on carrted unanimously and the public hear7ng closed at 7.50 p. m. OLD BUSINESS: MOTION by Councilinan Fitzpatrick to waive the second reading of Ordinance No. 739 and adopt �t on the second reading and order publication. Seconded by Counc�lrnan Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF AGREEMENT BETWEEN CITY COUNCIL AfJD FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY FOR ADMIiJISTRATION OF COMMUNITY DEVELOPMENT GRA Mr. Qureshi, City Manager, stated these funds were made available to the County, under a block grant, because of Anoka County becoming an urban county. He stated all cities were advised to submit applications and Fridley submitted two applications, one for th2Center Ctty pro�ect and one for the Riverview Heights area. Mr. Qureshi stated funding was received for the Center City pro�ect, which ' is being conducted by the Housing and Redevelopment Au�hority, and it would be appropriate to contract with them to administer these funds for acquisttion in the Center City pro,7ect. i 1 I REGULAR MEETING OF SEPTEMBER 28, 1981 PAGE 3 MOTIOfd by Councilwoman Moses-Martin to authorize the Mayor and City Manager to enter into this agreement of cooperation wrth the Fri'dley Housing and Redevelopment Authority for the administration of community development block grant funds. Seconded by Councilman Schne�der. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: F„ RECEIVING PLANNING COMMISSION MINUTES OF AUGUST 19, 1981: Mr. Flora, Public Works Director, stated this parcel of property is located �ust to the east of Siverts Lane and the request is to split off the southerly 100 feet to make a 100 x 97 foot lot. Mr. Flora stated the problem with this particular lot split is the question of how to handle access to the other lots since there is no way, at the present ttme, to service them, Mr. Flora suggested possibly an easement be provided by all the property owners whtch would allow a private drive for access. Mr. Flora explained, if it were a private drive, it could be a narrower street than normally would be required of a regular City street, and it would probably be iess expensive. Mr. Flora felt, if the lot split were to be granted, considerat�on should be 9iven on how to service the remaining lots. Mr. Anderson, the petittoner, stated, as far as putting a road through the back, he was certain everyone would not want it. He stated the only � reason he is splitting his property is that he borders Siverts Lane and has easy access. Mr. Qureshi, City Mana9er, stated he recognizes Mr. Andreson does not want to put a road through, but asked if ar�yone else was present that had lots east of Mr. Anderson's property. Since there was no one at the meetin�, Mr. Qureshi felt these property owners should have the opportunity to voice ther comments as to whether or not they want access provided to their properties. � Councilwoman Moses-Martin felt no decision should be made on the lot split until the other property owners have the opportunity to attend a meeting in order to determine if they want access for a future road and discussion on where a future road might be constructed. Mr Flora, Public Works Director, stated there are also properties to the west of Siverts Lane which do not allow for easy access to Old Central, therefore, he felt whatever considerations were given to the property owners on the east of Siverts Lane should also be g�ven to the properties on the west side of Siverts Lane. MOTION by Councilwoman Moses-Mart�n to call for an informal meeting for next week with the residents on the east and west of Siverts Lane regarding this lot split and discussion on future access to their properties. Seconded by Councilman Schne�der. Upon a votce vote, all voting aye, Mayor Pdee � declared the motion carried unantmously. Mayor Nee stated the decision on the lot split will be ta6led unt�l the meeting next week. � if �'/i REGULAR MEETING OF SEPTEMBER 28, 1981 PAGE 4 N OF LOT SPLIT REQUEST, LS #£31-07 TD SPLIT,LQT 6. A S. Mr. Flora, Public Works Dtrector, stated this request is to split Lot 6, Auditor's Subdivision No. 89 in order to make two building sites each 66-1/2 by 133.97 feet for the construct�on of two duplexes. Mr. Flora stated the area is zoned R-3 and surrounded, to a degree, by apartment houses, some quads, and duplexes. Mr. Flora stated, �n con,7unction with the lot split, variances have also been requested to reduce the lot areas and widths, and the Appeals Commission has recommended approval of the variances, and the Planning Corrumssion recommends approval of the lot split. Mayor Nee asked �f Mr. or Mrs. Caldien were present at the meeting as they had some o�,7ections when this item was before the Plamm �g Commission; however, there was no response from the audience. Counc�lman Schnetder questioned the comments made at the Planning Commisston meeting regard�ng the parking problem. Mr. Flora stated there were discussions, at the Commission level� regardtng this problem, however, the Commission probably E�l�Lthis use would be a better use of the property, rather than a larger unit wh�ch could add additional parking problems. MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and grant Lot Spl�t Request, LS #81-07. Seconded by Counc�lwoman Moses-P4art�n. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �' RECEIVING HUP4AN RESOURCES COMMISSION MINUTES REGARDING FUN�ING OF ORGAPd IZATIONS : Mr. Qureshi, C�ty Manager, stated the Human Resources Commission has made recommendat�ons to the Planning Commission regarding funding of various organizations. He stated their recommendation was to fund Southern Anoka County Assistance and the Well Sen�or Citizen Clinic, with no restrictions, which would amount to 100% of the budget request or �2,5D0 for Southern Anoka County Assistance and $2,000 for the Well 5enior Citizen Clinic. Mr. Qureshi stated they further recommnded that the Central Center for Family Resources and the Creative Play Center be funded to some degree, as determined by the Council, and that the Family L�fe Center not be funded due to overlapp�ng services, they do not operate on a sliding fee scale, and the amount requested seemed excessive. Mr. Quresh� stated the Council also had the opportunity to hear from some of these groups at their conference meeting. Mr. Qureshi stated the following fundin9 is proposed, which is essentially what is recommended by the Human Resources Commission: $2,500 for Southern Anoka County Assistance; $2,OOD for the Well Senior Citizen Clim c, $4,000 for the Central Center for Family Resources; and $1,500 for the Creative Play Center, for a total of $10,000. Mr. Q�areshi pointed out the Council has provided only $5,000 for service groups and if they desire to commit the above amounts, additional funds would have to be prov�ded when the 1982 budget is adopted. Councilwoman Moses-Martin stated she realtzes another $5,000 will have to be provided in order to provide the funding of these organizat�ons, but pointed out the�Central Center for Family Resources has applied for a grant next year and stands to rece�ve this grant if the communities still support th�s organization to the level they have in the past. � , , �J �� I� �, � REGULAR MEETING OF SEPTEMBER 28, 1981 PAGE 5 She felt if they don't support this organization to the degree they have �n the past, which is $5,000, they probably wouldn't receive the grant. Councilman Schne�der felt all the organizations are well-meaning and worthwhtle and pointed out there was another organization, the Fam�ly Life Center, which was not recommended by the Human Resources Commission for furding. He stated there may have been some misunderstanding between them and the Commission regarding the slid�ng fee scale. He stated he is not sure what to do about this since they did request the Human Resources Commission to make recommendations regarding the funding of these organizations. MOTION by Councilman F�tzpatrick to authorize the admim stration to provide for a total of $10,000, at the 2nd reading of the budget ordinance, in order to fund the following organizations as recommended by the Human Resources Comm�ssion and concurred with 6y the Plam m �g Commission: $2,500 for Southern Anoka County Assistance; $2,000 for the Well Senior Citizen Clinic, $4,000 for the Central Center for Fam�ly Resources; and $1,500 for the Creative Play Center. Seconded by Counc�lman Barnette. MOTION by Councilwoman Moses-Mart�n to amend the above mot�on to increase the funding to the(Central Center for Family Resources from $4,OD0 to $5,000. MOTION FAILED FOR LACK OF SECOND. Councilman Barnette felt all the orga m zations have good reason and rationale for the�Ctty to support them, however, this was given to the Human Resources Commiss�on for their recommendation and felt they used good criteria to arrive at the recommended dtstr�bution. Counc�lman Schneider felt if they start changing the figures, then the Family Life Center had a very persuasive argument, however, they have given the Human Resources Commission the responsibility of submittin9 the recommendations for funding and they should be followed. Councilwoman Moses-Marttn felt family resources are hard to measure and by increasing this funding, it may save in other areas, such as thz police budget, and help reduce crime. Ms. Lucy Mickman, 1631 66-1/2 Avenue, stated she is a nurse with the Family Life Center and tndicated the Central Center for Family Resources and their organization are both doing about the same kind of service to the community. She pointed out, however, they had calls from persons who couldn't afford to pay for the�r services and they were told io come in and they would do what they could for them. She stated they do serv�ce a lot of people in Fridley and being a resident of Fridley for 28 years and being �nvolved, she felt she had to make a few comments. Mr. �ick Harris, Chairman of the Planning Commission, stated the Human Resources Commission labored very hard and lon9 over their decisions for the funding and tried to stay within the budget that was designated, and felt their recommendations should be given consideration. UPON A UOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Barnette to receive the m�nutes of the Planning Corram ssion Meeting of August 19, 1981. Seconded by Coun¢ilman Fitzpatrick. Upon a votce vote, all vottng aye, Mayor Pdee declar�d the motion carried unanimously. RECEIVING PLANNING COMMISSION MINUTES OF SEPTEMBER 16, 1981: CONSIDERATION OF REZONING REQUEST, ZOA #81-p� 10 REZONE FROM M-2 to C-2 TO ALLOW CONSTRUCTION OF A COMMERCIAL OFFICE BUILDING, 350 73RD AVENUE, 61ARK HAGGERTY: MOTION by Counctlwoman Moses-Mart�n to set the public hearing on this rezoning request for October 19, 1981. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. ;�t�� REGULAR MEETING OF SEPTEMBER 28, 1981 OF PERMIT. SP ':. 4 -D9 TO Mr. Flora, Public Works �irector, stated the City Flood Plain Ordinance requires that in order to build �n the flood fr�nge, a special use permit is requ�red and other flood proofi ngmeasures. Mr. Flora stated, in this case, the property is to be filled until it is one foot above trhe flood elevation. He stated there was some concern by the Planning Commission regarding the drainage and they recommended approval of the special use permit with a st�pulation that a drainage plan be provided to the City and the petitioner work with the City to insure proper drainage and proper placement of the house on the property. Mr. Flora stated he has received a drainage plan this evening and �t appears a drainage system has been provided to satisfy this �requirement. MOTION 6y Councilman F�tzpatrtck to concur with the recommendation of the Planning Commission and grant Spectal Use Permit, SP �r81-09 to allow construction of a single family dwelltng in a CRP-2 zone at 7919 Broad Street, with the stipulation that a drainage plan 6e provi�ed and that the petttioner work with the City staff to insure proper drainage and proper location of the house on the property. Seconded by Councilwoman Moses-f9artin. Mr. Lagesse, 7951 Broad Street, questioned the location of the house on the property, as he had suggested it 6e moved farther to the west. He felt, if this was done, it would take care of his concerns and wouldn't affect his property whatsoever.' Mr. Lagesse was shown the diagram submitted by Mr. Hadtrath which indicated the location of the house on the lot. He stated, from looking at this diagram, it appears there�s room for a swale so the water wouldn't come back to his property. UPON A VQICE VOTE TAKEN ON THE A80�E MOTION, all voted aye, and Mayor Nee declared the motian carr�ed unanimously. RECESS: A recess was called by Mayor Nee at 9:05 p. m. RECDNVENED Mayor Nee reconvened the meeting at 9:16 p. m present. RECEIVING PLANNING COMMISSION MINUTES OF SE I�ERATI iE 66TH PIERCE : All Council members were ER 16, 1981-CONTI ION #9-1981 TD MOTION by Councilman Schne�der to set the public hearing on this vacation request for October 19, 1981. Seconded by Councilman Barnette. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. RECEIVING APPEALS COMMISSION MINUTES OF AUGUST 25, 1981: (1) ' , TO REDUCE FRONT, SIDE AfJ� REAR YARD SETBACKS ' OF AN ADDITION TO EXISTING BUILDING, 4040 Tnvi nR� Mr. Flora, ?ublic Works Director, stated this is a request for variances to reduce the setback requirements and pointed out all these are extsting setbacks wh�ch occurred when East River Road was widened. I� REGULAR MEETING OF SEPTEMBER 28, 1981 PAGE 7 Mr. Flora stated the petttioner wishes to construct an add�tton to the existing buildtng at 4040 Marshall Street, which is now an existing gas station, change some of the existing asphalt to grass and plantings and tear down some of the existing signs. Mr. Flora stated the Appeals Commission has recommended approval of the variances, with the stipulation that the owner work with the City Planning Department to establish a landscape plan and improvement schedule. Mr. Flora further suggested a bond to insure compliance. MOTION by Councilman Frtzpatrick to concur with the recoirenendation of the Appeals Commission to grant the variances to reduce the front yard setback from 35 feet to 22 feet; and to reduce the re�r yard setback from 25 feet to 11 feet> and to reduce the side yard setback from 15 feet to 2 feet, with the st�pulation that the owner work with the City Pla�ning �epartment to establish a landscape plan and improvement schedule. Seconded by Councilwoman Moses-Mart�n Mr. DeMars and his partner stated, tn the interests of safeity, they would like an additional parking area they can use as a turn-around so it wouldn't be necessary to back onto East Rtver Road. Mr. Dick Harris, Chariman of the_P�anning Commtssion, stated the code requires a 20 foot set6ack to any park�ng area ard if they put another driveway in, they wouldn't have the required 2D feet 6etween the turn- around and the street. He stated another variance would be needed in order for them to provide this turn-around they are requesting. Mr. Qureshi, City Manager, stated if they want to put in this turn-around, they would need a variance from the required 20 feet to 4 feet in order for it to be accomplished. MOTION by Councilman Fitzpatrick to amend the above motion by adding that a variance be granted from the required 20 foot setback from the street to � 4 feet �n order to provide for a turn-around area. Seconded by Councilwoman Moses-Martin. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrted unanimously. � UPON A VOICE VOTE TAKEN ON THE ORIGINAL MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. (�} REQUEST FOR A VARIANGE TO REDUCE LOT AREAS TO ALLOW CONSTRUCTION MOTION by CouncuLman Barnette to concur with the recommendation of the Appeals Commission and grant the variance to reduce the lot areas from 10,000 square feet to 8.909 square feet and reduce the lot widths from 75 feet to 66-1/2 feet on Lot 6, Auditor's Subdivision No. 89. Seconded by Councilwoman Moses-Mart�n. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. MOTION by Councilman Schneider to receive the Planning Commission Minutes of September 16, 1981. Seconded by Councilman Barnette. Upon a voice,vote, all voting aye, Mayor Nee declared the motion carried unantmously. Mayor Nee stated the Council would proceed, at this time, to Item 11 on the agenda. � HEARING PURSUANT TO MINNESDTA F OF PROPOSED IND�STRIAL MOTION by Councilman Schneider to adopt Resolution No. 109-1981, setting the publ�c hear�ng for October 19, 1981. Seconded by Councilwoman Moses-Martin. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. 3 � �/ REGULAR MEETING OF SEPTEMBER 28, 1981 PAGE 8 MOTION by Councilman Schneider to direct staff to renotify the people in the area that there will be further discussion on the rezoning request for this area at the October 19, 1981 Council meeting. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor fJee declared the motion carried unanimously. i,; RECEIVING CHARTER COMMISSION MIPJUTES OF N1AY 6, 19II1: MOTION by Councilwoman Moses-Martin to receive the minutes of the Charter Commission Meeting of May 6, 1981. Seconded 6y Councilman Schneider. Upon a voice vote, all voting aye, P1ayor fdee declared the motion carr�ed unanimously. ;' RECEIVI?JG CABLE TELEVISION COMMISSION MIfJUTES OF AUGUST 13, 1981: RECEIVE REQUEST TO AUTHORIZE $500 PAYMENT TO LEAGUE OF 6JOMEPI VOTERS FOR CON�UCTING CATV SURVEY: MOTIOfd by Councilman Schneider to authorize payment of $500 to the League of Women Voters for the Cable Televis�on Commiss�on study and that these funds be taken from the Cable Te7eviston Commission's budget. Seconded by Councilman Fitzpatrick. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carrted unanimously. RECEIVE COMP�ISSION REQUEST TO APPROVE ACCW 1982 BUDGET RE Mr. Mark Scott, representing the Anoka County Communications Workshop, appeared before the Council regarding the�r 1982 budget request in the amount of $17,109. f4r. 6cott stated the quarterly report and budget request pretty well outlines their needs for 1932. MOTIOPI by Councilman Schneider to concur with the request of the Ca61e Television Commission �n funding the Anoka County Communications Workshop in the amount of $17,109. Secanded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously. � RECEIUE REQUEST OF COMMISS � ninTrnr.ini nccnrraTrnni nr r�' OA) FIRST MOTION by Councilman Barnette to approve the request of the Cable Television Commission to send a staff person to attend this conference. Seconded by Councilwoman Moses-Martin. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unan�mously. MOTION by Councilwoman Moses-Martin to receive the minutes of the�Cable Televis�on Commtss�on Meeting of August 13, 1981. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrted unanimously. RECEIVING CABLE TELEVISION CDP1MISSION MINUTES OF SEPTEMBER 1D, 1981: MOT:ON by Councilman F�tzpatr�ck to receive the minutes of the Cable Television Commiss�on Meeting af September 10, 19£31. Seconded by Councilman Schneider. Upon a votce vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. Mayor Nee stated he wished to bring to the Council's attention the request by the Commission to set up sub-committes or task forces and felt the Counc�l should respond. 1 ' ' REGULAR MEETING OF SEPTEMBER 28, 1981 PAGE 9 MOTION by Councilman Schneider to advise the Cable Television Commission that the Council concurs with the five task force committes they wish to establish. Seconded by Councilwoman Moses-Martin. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. RECEIllING PETITION N0. 11-1981 AGAINST BERMING AT COMMUNITY PARK: MOTION by Councilman Fttzpatrick to receive petition No. 11-1981 agatnst � berming at the new Community Park. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. Councilman Fitzpatr�ck stated this petition is to look into the effect of 6erming in the Community Park and the effect it has on noise from the railroad. He stated the staff has done some work on this and there is a report included in the agenda this evening. h�ir. Flora, Public Works Director, stated on Septem6er 11, they were advised there was a considerable amount of noise in the area west of the Community Park by the Burlington Northern railroad tracks. He stated the sound levels were checked and tests taken at Hickory Circle and at 6699 Ashton Avenue, and it was found there is not significant difference in the meter readings at the two different locations. Mr. Ray Luniewski, 6959 H�ckory Circle, stated he initiated the petition which is before the�Council. He stated he realtzes they will have noise in the Community Park during the construction period, but the noise from the trains will be forever. He stated it seems since they have 6een moving the mounds of dirt around in the Community Park, it is making the noise from the trains louder �n the�r area. He felt the land should be left flat, as it was, however, he stated they don't have any ob�ection to the park. Mr. Mike Pawltsmyn, 6969 Hickory Circle, stated he lives across from the � railroad tracks and they can no longer leave their windows open and talk on the phone. He stated it seemed the noise bounces off the hills or piles of dirt in the Community Park. Councilman Fitzpatrick felt even though sound measurements have been taken, they could probably look at �t more closely. He su9gested that the League of Cities be contacted as they provide service to the c�t�es �n this area. MOTION by Councilman Fitzpatrick to direct staff to make a more thorough study of this problem and seek, if need by, the help of the League of Cit�es and 6ring back the results of the study as soon as possible. Seconded by Councilwoman Moses-Martin. Mr. Dick Harris, Chanrman of the Planntng Commission, stated he is concerned with the material being used as fill in the Community Park. He stated the material looks l�ke slud9e and was worried about contaminants. Mr. Flora, Public Works Director, stated all materials were tested by the State and Environmental Protection Agen�y and they found no toxic or hazardous materials. He stated those materials that were sensiti�e, such as broken bottles, ar� heavily encased in clay. Mr. Flora stated the County Environmental Officer is supervising the fill and the State is testing the materials used along the highway. � Mr. Harris stated where the fill is coming from is an area of an old dump site, and he can't believe there isn't any hazardous waste coming out of there. uJ - REGULAR MEETING OF SEPTEMBER 28, 1981 PAGE 10 Councilman Barnette stated he went to Mr. Flora with the same questions raised by Mr. Harris as some residents also had concerns, but was told the same answers. Mr. Harris stated along University Avenue, it is all sludge. Mr. Flora stated �t is black dirt to be used for the base of the access road to the Coi��munity Park. Councilman Schneider asked Mr. Harris how he knows it is sludge. Mr. Harris � stated he has been in the construction business for 25 years and knows sludge when he sees it. He stated he can't believe Mr. Flora is getting the correct information. Mayor Nee suggested Mr. Harris and Mr. Flora go out together to look at the site. Mr. Harris also brought up the fact that the C�ty has a noise ordinance which restricts the private citizens and industry to keep noise levels down, however, he couldn't belie�ve over a 90 decibel reading along the railroad tracks. Mayor Nee po�nted out the railroads are exempt by State law. Mr. Harris also stated Burlington Northern ties up the intersections for great lengths of time and this would make it d�ffi cul.t for emergency vehicles frorr� East River Road to reach the hospital. He felt they should be contacted to see if they would work with the City to alleviate this situation. Mr. Lum ewsk� stated he would appreciate be�ng notified when the Council receives further information regarding the noise �n their area. DISCUSSION OF MOORE LAKE RESTORATIOfV PROJECT BY HICKOK AND ASSOCIATES: Mr. Flora, Publ�c Works �irector, stated bids were opened for the Moore Lake Restoration Pro�ect and ten bids were received ranging from $175,000 to ' $250,000. Mr. Flora stated the low bidder was Crossings, Inc., with a bid of $174,624.20. Mr. Flora stated Hickok and Associates have been reviewing the bid items and have been in contact with Crossings, Inc. regarding some revisions which would reduce the amount to $144,184.20. Mr. Boyer, representing Hickok and Associates, appeared before the Council regarding this pro�ect. He stated there is a whole series of phases involved with this pro,7ect and they are now considering Phase II. He explained Phase I was the preliminary work and filing applications for the funding. Mr. Boyer reviewed the proposal for the Harris Lake tennis court diversions and the beach storm sewer relocation. Mr. Boyer stated the cost is about $74,000 over the original grant application and after reviewing the bid, �t was suggested two changes be made which would amount to a$30,�'�'� saving. The changes would be to eliminate the 30 inch pipe from R�ce Lr•eek Boulevard to the proposed pond and a revised ,7acking detail wh�ch would reduce the cost from $260 per foot to $1&0 per foot. Mr. Boyer stated, with these changes, they would still be about $43,000 or $44,000 over the orig�nal grant application. Mr. Boyer felt probably another $19,000 to $20,D00 could be cut in the areas , of piping for the tenm s court diversion and �n sod, where seed could be used and would be less expenstve. P1r. Boyer stated another saving may be in the location of the treatment unit, if property doesn't have to be purchased for this, and it can be located on City-owneu property. , � REGULAR MEETING OF SEPTEMBER 28, 1981 PAGE 11 Mr. Boyer stated the end result is that they feel there will be no problem in adhering to the original construction costs. Councilman Schne�der asked if they are going to have the same pro�ect now they anticipated five years ago, as far as the quality of the lake is concerned. Mr. Boyer stated they are making no changes from the grant application and no changes in the philosophy, but it is piping vs. an open ditch. Mr. Qureshi, City Manager, stated if the Council wishes to proceed with the pro�ect, they should receive the bids and award the contract to the lowest 6idder, Crossings, Inc. in the amount of $174,624.20. MOTION 6y Councilman Schneider to receive the bids for the Moore Lake Resotration Pro�ect. CONTRACTDR BID SECURITY TOTAL COST Crassings, Inc. 5% Bid Bond $174,624.20 J�ulian M. Johnson Cdns�ructio� Co. 5% B�d Bond $193,9II4.00 Northdale Construction Co., Inc. 0 & P Contracting, Inc. Orvedahl Construct�on, Inc. Park Construction Company Randall Contracting, Inc. 0. D. Contracting Nodland Associates $hafer Contracting Company, Inc. 5% Bid Bond 5% Btd Bond 5% B�d Bond 5% Bid Band 5% Bid Bond 5% Bid Bond 5% Bid Bond 5% Bid Bond $198,981.55 $205,195.08 $249,361.10 $220,891 93 $181,579.10 $187,857.90 $224,246.00 �208,702 20 Seconded by Councilwoman Moses-Mart�n. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unantmosuly. Mr. Dtck Harris, Chairman of the Plamm �g Commission, asked where the money comes from if there are cost overruns on the pro�ect. Mayor Nee stated part it is from the City funds and part can be assessed to the drainage district. Mr. Qureshi, City Manager, stated the grant received provides 75% funding from the Federal and State governments and 25% �s the City's contribution which �s from assessments and the City's General Fund. Mh. Harris asked if pu6lic hearings were held since some of the cost would 6e assessed to the drainage district, and the Council indicated that hearings were held. Mr. Harr�s asked Mr. Boyer how th�s pro�ect would improve the water quality of Moore Lake and what effect it would have on the swimming beach. Mr. Boyer stated with the work they are doing in Phase II, not all that much. He stated there would be an application made for Phase III and that would be to clean-up �oore Lake itse�lf. Mr. Harrts asked tf all they are handling now is Phase I and II. Mr. Boyer stated Phase I was paperwork and filing of applications, Phase II is what is happe m ng now, and Phase III, they haven't even applied for as yet. Mr, Boyer � stated, as of now, tt appears there won't be any funds for Phase III, Mr. Boyer stated unless there are some funds the government puts tnto the Clean Lakes Program, �t w�ll pretty much die. �L � � REGULAR MEETING OF SEPTEMBER 28, 1981 PAGE 12 Mr. Harr�s asked what effect this pro,7ect would have on the water quality as far as swimming and to reduce swimmer's itch. Mr. Boyer stated, at the present time, it would be quite ininimal. He stated they would be reductng the nutrients go�ng to the lake, but there is a lot of phosphorous in there. Counc�lman Schneider stated if the nutrient content is reduced „tt is, �ndirectly, causing reduction of swimmer's itch. Mr. Boyer stated thts project would stop any future degeneration of the lake, 6ut it wouldn't substantially improve it. Councilman Schneider asked �f they didn't proceed, if the deter�oration of the lake would be more rapid, and Mr. Boyer stated that was correct. MOTION by Councilman Schneider to find Crossings, Inc. the low bidder for the Moore Lake Restoration Pro�ect and award the contract to them in the amount of $174,624.2D. Seconded by Councilwoman Moses-Marttn. Counc�lman Schneider stated this has been a lon9 drawn out activity and over the last several years, he has seenthe quality of the lake diminish. He stated he would like to see it improved, substantially, but didn't know what the future plans would be, however, he felt this project could help prevent the further deterioration of the lake. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to approve Change Order No. 1 with Crosstngs, Inc. to reduce the original contract with them for the Moore Lake Resotration Pro,7ect, Phase from $ll4,624.20 to $144,184.20 by el�minating 30" RCP and revising the �acking, for a total reduction of $30,440. Seconded by Counc�lwoman Moses-Martin. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 110-1981 AUTHORIZING SUBMISSIOfJ OF THE GRAPdT APPLICATION AND EXECUTION OF THE GRANT AGREEMFNT - FRIDLEY DWI PROJECT: MOTION by Councilman Schneider to adopt Resolution No. 110-1981. Seconded by Councilinan Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTIDN N0. 111-19�1 AUTHORIZING AND �IRECTING THE COM6INING OF SPECIAL nccrccnnrniTC nni i nT � nnin i nr n ❑i nrv �� uvnr on�ov nnnrTrnm • MOTION by Councilman Fitzpatrick to adopt Resolution No. 111-1981. Secondad by Councilman Schne�der. Upon a voice vote, all voting aye, Mayor Nee declaredthe motion carried unan�mously. � - CLAIMS: MOTION by Councilwoman Moses-f�artin to authorize payment of Claims No. 237M29 through 267Z06. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: MOTION by Councilman Schneider to approve the licenses as submitted and� as on f�le in the Ltcense Clerk's Dffice. Seconded by Councilman Barnette. Upon a voice vote, all vot�ng aye, Mayor fdee declared the motion car�ied unanimously. ' , ' ) � �: _ i .�i I � � REGULAR MEETING OF SEPTEMBER 28, 1981 ESTIMATES. PAGE 13 MOTION by Councilman Fitzpatrick to approve the estimates as submitted. Herrick & Newman 6279 University Avenue N.E. Frialley, MN 55432 For services rendered as City Attorney for the month of August, 1981 Smith, Juster, Feikema, Malmon & Haskvitz 1250 Builders Exchange Building Mtnneapolis, MN 55402 For legal services rendered as City Prosecutor for the month of August, 1981 Boda Construction 12352 Cloud Drive N.E. 14p1s., MN� 55434 FINAL Esttmate - Joint & Crack Resealing Pro�ect Halvorsen Construction 4227 - 165th Avenue N.E. Wyoming, MN 55092 Partial Estimate ,�`r6 - 1981 Miscellaneous Concrete Curb and Slab Construction TKDA 2500 American National Bank Building St. Paul, MN 55101 Engineering Services--Infiltration/Inflow Analysts for July, 1981 E. A. H�ckok And Associates 545 Indian Mound Wayzata, MN 55391 Professional Services - Moore Lake Restoration Project for August, 1981 $ 3,755.95 $ A�,125.00 $15,277.68 $ 1,144.00 $ 1,525.36 � 5,727.57 Seconded by Councilwoman Moses-Martin. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried una m moi�sly. ANDKA COUNTY LAW ENFORCEMENT OFFICERS MEETING: Councilman Schneider reported on the proposed charge of $50 for a misdemeanor booking, whtch was refereeb to the Operations Commtttee and stated this could have an impact on the City's 6udget. � He also stated the cities of Ramsey and Lexington are eligible to ,7oin the Anoka County Law Enforcement Assoctation and if they do so, it would mean all the commu m ties would have to approve the ,7oint powers agreement. � ., , f REGULAR MEETING OF SEPTEMBER 28, 19F31 DICK HARRIS - LANDSCPAING VS. ENERGY SAVING: PAGE 14 Mr. Harris stated, contrary to popular opinion in Washington, there still is an energy crisis. He felt, with the economy today, and where old buildings are expanded, it is more important to have them properly insulated rather than putting this money into landscaping. He felt th�s is somethin9 the Council will have to think about �n these times of �nflation to determine where the priorit�es should lie. AD�OURNMENT: MOTION by Councilwoman Moses-Martin to ad�ourn the meeting. Seconded by Counctlman Schne�der. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unantmously and the Regular Meet�ng of the Fridley City Council of September 28, 1981 ad,7ourned at 11:15 p. m. Respectfully submitted, � �� �� Carole Haddad 5ecy. to the City Council Approved: Octo6er 5, 1981 ��,.�� � �'�� William J, ee Mayor , , 1