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05/02/1983 - 00012598� ' � iHE MINUTES QF THE REGULAR MEETING OF THE FRIDL Y GITY COUNCI OF MAY 2. 198� The Regular Meeting of the Fridley City Council convened, aiter the Council met as the Board of Review, and Mayor Nee called the meeting to order at 9:2o p. m. ROLL CALL: MEMBERS PRESENT: D7EMBERS ABSENT PROCLAMATION: Mayor Nee, Councilman Barnette, Couneilman Schneider, Councilman Hamernik, and Councilman Fitzpatrick None ]IESERAN'S BUDDY POPPY DAY — MAY 20. 1983: Mayor Nee stated he has issued a proclamation designating May 20, 1983 as Veteran's Buddy Poppy Day. ADOPTION OF AGENDA: MOTION by Councilman Barnette to adopt the agenda as by Councilman Fitzpatriek. Upon a voice vote, all declared the motion carried unanimously. OPEN FORUM, VISITORS: presented. Seconded voting aye, Mayor Nee Mr. Chris Jelevarov appeared before the Couneil regarding the assessment he received on property at 6471 Riverview Terrace. Mr. Jelevarov stated he understood when he purehased this property that all assessments were paid for the sewer and watar which was put in 15 or 20 years ago, however, he has now received a eharge for the improvenent. Mr. Inman, Caty Clerk, stated the assessment to which Mr. Jelevarov is referring is for sewer and water connections in the amaunt of $447.39, and not for the laterals. He stated any benefiting property ihat connects to the services pays a proportionate share, with interest, from the time the improvement was constructed for the connection. He stated the $447.39 charge is for the water and sewer conneetions including a 6� xnterest charge per year for 17 years. Mr. Jelevarov stated he has paid for the new line on Mississippi Place, but shouldn't have to pay for the amprovement that was put in over 15 years ago. t9r. Herrick, City Attorney, stated the question is whether the property was assessed when the lines were constructed. Mr. Inman stated the properties were assessed for laterals, but not for services as the property wasn't developed at the time. He stated a 1958 ordinance allows the City to assess the connections to those pepole who choose to connect to the existing stubs. � ��, :�, �� COUNCIL MEETING OF MAY 2. 1983 PAGE 2 Councilman garnette stated Mr. Jelevarov conneeted to the sewer and water on Mississippi Place and paid for this and questioned why the difference on Riverview Terrace, Mr. Jelevarov stated the assessment on Riverview Terrace should have been paid when the improvement was installed. Couneilman Barnette stated he is only 6eing charged for the connection, and not the laterals, Mr. Inman stated the connecting stubs were put in to allow the property to develop, but connections were not paid until the property was developed. Mayor Nee felt what Mr. Jelevarov is requesting is a waiver of the assessment fee and felt this information should be submitted in writing to the Council, and come before them as an agenda item. Mr. Elliot Grater, 658 9th Avenue North, Minneapolis, appeared before the Council regarding a permit for a flea market at the Columbia Arena parking lot. Mr. Grater stated he would like to conduct an organized flea market at the Columbia Arena parking lot and has a license agreement with Anoka County, however, there was confusion as to what permits were needed. Mr, Grater stated he wasn't aware he needed a permit from the City and i now submitting a request in order to conduet the flea market. Mr. Grater stated he has advertised the flea market extensively and a lot of people have registered as sellers. He stated the flea market would run from May 14 through September 25, 1983. Mayor Nee stated the problem is this property isn't zoned for that use and also that any open air sales require a special use permit. He stated the processes in order to allow this flea market would involve publxc hearings. Mr. Herriek, City Attorney, stated, in looking at the ordinance that applies to public properties, he questions whether this is a use that is permitted under the zoning. He stated, if this is the case, there is a law to the effect that you cannot get a varianee for a non-permitted use. Mr. Herriek stated he didn�t feel there is any way a permit could be xssued, except by amending the ordananee to change that provision. Councilman Barnette stated he has some sympathy for Mr. Grater's position, but asked how it came to this point withoui the City getting involved. Mr, Herriek stated when he talked to the County he was advised that Mr. Grater was told it was up to him to get all the necessary permits and there was discussion with him that it was his responsibility. He stated he understands there is a provision in Mr. Grater's agreement with the County that he is responsible to get all the required permits. Mr. Grater stated the agreement doesn�t say the flea market is contingent on City approval, but there is a clause that he secure all the permits at his expense. Mr. Grater stated he is out $6,000 with his credibility and future business threatened and didn't know how the County could sign the license when they don't have the authoraty. �� C� � �OUNCTL. MEETING OF MAV 198� PAGE 3 It was the consensus oF the Council that they syu�pathized with Mr. Grater's problem, but that this was not permitted under the City Code. Mrs, Sharon Gustafson, Chaarperson to the Human Services Soard of St. Philip�s Church, appeared before the Council regarding their application to HUD for funding for an elderly and handicapped housing pro,7eet. Mrs. Gustafson requested the Council cansider allocation of Community Development Block Grant funds, if their application was approved. � Mayor Nee asked if they knew their costs for the pro,7eet. Ms, Judy Lee, advisor to the Human Services Board of St. Philip's, stated the costs depend on the purchase price of the land and the amount of soil correetion for the property. She stated an estimate would be they would need about $80,500, however, that is an educated guess. Ms. Lee stated they would like a commitment form the Council that up to $100,p00 of CDBG funds would be provided. Mayor Nee questioned if a commitment of $80,500 would accomplish the same thing. Ms. Lee stated they would need a letter by June 30 indicating the Council agreed to commit $80,500 of CDBG funds for this pro,7eet, in order to submit it with their application to HUD. All the Council members indicated they are in favor of this pro,7ect and would be supportive of it. Mayor Nee suggested staff be contacted and to work with the administration in drafting a letter to be submitted with their applicataon. OLD BUSINESS: RECEIVING MINIITES OF THE PLANNING CO[•II�IISSION MEETING OF APRIL 2$. 198"�: � AND TABLED ITEM FROM APPEALS COt°II°]ISSION MINUTES OF FEBRUARY 15. 198� (RETURNED TO PLANNING CONAIISSION) TO INCREASE THE HEIGHT OF A FENCE FROM 7 FEET TO 10 FEET b850 SIVERTS LANE. ING SIVERTS: MOTION by Councilman Schneider to table this item to the next meeting at the request of the petitioner. 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 Meeting of April 28, 1983• Seconded by Couneilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE N0. 775 ADOPTING A NEW CHAPTER 205 AND REP�ALING OLD CHAPTER 205. ENTITLE➢ "ZONING" (FIRST READING 12/6/82): Mr. Qureshi, City Manager, stated the changes were incorporated as discussed at the Conference Meeting and shown in the April 29 draft of the Zoning Code. � k �+' �� �� ��q u COUNCIL MEETING OF MAY 2. 198� � MOTION by Councilman Schneider to waive the second reading of Ordinance No. 775 and adopt it on the second reading and order publication. Seconded by Councilman Hamernik. MOTION by Councilman Hamernik to add 1-1/2 aeres on page 205-98, Section 205•173 - 1(Lot Area). Seconded by Councilman Sehneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Hamernik to delete the words ^before January 1, 1983" on page 2D5-100, Section 2D5.175 - 3E and 3F. Seconded by Councilman Fitzpatrick. Upon a voiee vote, aZl votxng aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, Mayor Nee deelared the motion earried unammously. CONSIDERATION OF APPOINTMENT TO THE ENERGY COMMISSION (TABLED 4/18/83): MOTION by Councilman Sarnette to table this appointment to the Energy Commission. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING CHARTER COMMISSION MINUTES OF MARCH 17, 198� AND SETTING PUBLIC HEARING FOR JUNE 6. 1983 ON ORDINANCE AMENDING THE CITY CHARTER OF THE CITY OF FRIDLEY• MOTION by Councilman Hamernik to receive the minutes of the Charter Commission Meeting of March 17, 1983• Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to set a public hearing for June 6, 1983 on the ordinance amending the City Charter of the City. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanamously. RECEIVING BIDS AND AWARDING CONTRACT FOR FRIDLEY CO[•AfUNITY PLAZA SI� CONTRACT (OPENED 4/26/8R): AND CONSIDERATION OF CHANGE ORDER N0. 1 FOR THE CO[�AIUNITY PLAZA SIGN CONTRACT WITH NOR➢QUIST SIGN COMPANY: Mr. Flora, Publie Works Director, stated two bids were received and the low bidder was Nordquist Sign Company. MOTION by Councilman Schneider to receive the bids, Planholder Nordquist Sign Co., Ine 312 West Lake Street Minneapolis, MN 55408 Lawrence Si;;ns, Ine. 945 Pierce Butler Route St. Paul, MN 55104 . :. � 5� 5� Base Sid $20,630.00 $25,913.00 Alternate �1 $17,750.00 $18,765.00 �J � � COUNCIL MEETrNG OF MAY 2. 198� PAGE 5 Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to find that Nordquist Sign Company is the low bidder and award the contract to them for the hase bid and alternate �k1 in the amount of $32,380. Seconded by Couneilman Hamernik. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Barnette to approve Change Order No. 1 to reduce the � total Fridley Community Plaza Sign Contract with Nordquist Sign Company from the original $32,380 to $21,480. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the mota.on carried unanimously. CONSIDERATION OF EXECUTING AMENDMENT N0. 1 TO CONTRACT WITH HICKOK AND ASSOCIATES (MOORE LAKE RESTORATION PROJECT) FOR ENGINEERING WORK ASSOCIATED WITH PHASE II: Mr. Qureshi, City Manager, stated this is the execution of the agreement with Hickok and Associates for Phase II For the sand blanket on the East side of Moore Lake. He stated 50� of the cost has to be provided by the City or the HRA, or a combination of both contributing, to pay for Phase II of the Moore Lake Restoration Pro,7ect. He stated the Council has indicated they hoped to get funds from the tax inerement district or by some assessment on drainage to make up the match for this pro�ect. Mr. Flora, Public Works Director, stated this agreement is between Hickok and Associates and the City to do Ertgineering and water study and analysis of Moore Lake. He stated the original agreement was for 26-1/2� of the Phase I amount, and this amendment adds $94,830 or 17$ of the Phase II amount. He stated this $94,830 is included in the total Phase II amount of $556,800, and covers engineering, water and biological testing, an post-operative � reports and evaluations. MOTION by Couneilman Schneider to authorize the Mayor and City Manager to executive Amendment No. 1 with Hickok and Associates. Seconded Uy Councilman Fitzpatriek. Councilman Hamernik stated, to date, the tax increment district hasn't generated any funds and the Council would have to come up with their share this year. Mr, Qureshi, City Manager, stated this could temporarily be financed internally with the funds eventually eoming out of the tax increment district. He stated it is hoped they can foster some development in this area to create a good potential for the tax increment district. UPON A VOICE VOTE TAKEN ON THE ABOVE �90TION, Councilman Schneider, Councilman Fitzpatriek, Councilman Barnette, and Mayor Nee voted in favor of the motion. Couneilman Hamernik voted against the motion. Mayor (Vee declared the motion carried by a 4 to 1 vote. � ! ���°+ � � � ���� J COUNCIL MEETING OF MAY 2. 198� A E RESOLUTION N0. 40-1983 APPROVING THE USE OF A GENERAL RESERVE BOND FUND SYSTEM: HOUSING� COMMERCIAL AND INDUSTRIAL PROGRAMS: AND A CO[•II�IERCIAL BUILDING REHABILITATION LOAN PROGRAM: MOTION by Councilman Barnette to adopt Resolution No, 40-7983• Seconded by Councilman Hamernik. Couneilman Hamernik asked if there was anything specific in mind where commereial building rehabilitation might apply. Mr. Qureshi stated, for instance, shopping center owners may apply for a eommercial rehabilitation loan and, if the Council chooses, they could make this available. � UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 41-198� RATIFYING THE CALL FOR A PUBLIC HEARING BY THE CITY MANAGER ON A PROPOSAL TO UNDERTAKE AND FINANCE AN INDUSTRIAL DEVELOPMENT PROJECT (ELO ENGINEERING. INC.1: MOTION by Councilman Hamernik to adopt Resolution No. 41-7983 and set the public hearing for May 16, 1983• Seconded by Councilman Fitzpatriek. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 42-1983 DIRECTING THE PREPARATION OF ASSESSMENT ROLL FOR WATER. SANITARY SEWER. ARD STORM SEWER IMPROVEMENT PROJECT N0. 1�4: MOTION by Councilman Fitzpatrick to adopt Resolution No. 42-1983• Seconded by Councilman Sarnette. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. RESOLUTION N0. 4�-198� DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR WATER. SANITARY SEWER. AND STORM SEWER IMPROVEMENT PROJECT N0. 1�4: MOTION by Councilman Schneider to adopt Resolution No. 43-1983, and set � the public hearing for June 6, 1983• Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 44-1983 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR WATER AND SANITARY SEWER IMPROVEMENT PROJECT N0. 136: MDTION by Couneilman Hamernik to adopt Resolution No, 4U-1983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 45-148'� DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR WATER AND SANTTARY SEWER IMPROVMENT PROJECT N0. 136: MOTION by Councilman Sehneider to adopt Resolution No. 45-1983, and set the publie hearing for June 6, 1983. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � � COUNCIL MEETING OF MAY 2. 198� !�'S_H_4�/� RESOLUTION NO 46-198� DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT ST. 1982-1 AND 2: MOTION by Councilman Schneider to adopt Resolution No. 46-1983• Seconded by Councilman Hamernik. Upon a voiee vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 47-198� DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT ST, 1982-1 AND 2: MOTION by Councilman Fitzpatriek to adopt Resolution No. 47-1983, and set the public hearing for June 6, 1983• Seconded by Councilman Hamernik. MOTION by Councilman Barnette to amend the above resolution by adding Starlite Circle under ST 1982-7• Seconded by Councilman Schenider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Schneider to authorize payment of Claims No. 091A30 through 119F22. Seconded by Couneilman Sarnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: MOTION by Councilman Barnette to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Hamernik, Upon a voice vote, all voting aye, Mayor Nee declared the motion earried unanimously. ESTIMATES: MOTION by Councilman Fitzpatrick to approve the estimates as submitted. Electric Service Company 1609 Chicago Avenue Minneapolis, MN 55404 Estimate No. 1 Community Park Sports Lighting Pro,7ect Noble Nursery, Inc. 8659 Central Avenue N.E. Blaine, Mn 5543� Estimate No.1 Center City Plaza Landseaping Pro�eet $124,866.7k $ 6,59z.81 � ���a� � � ,+'� �� COUNCIL MEETING OF MAY 2. 198� (BIDS CONTINUED) Hardrives, Inc. Suite 216 3030 Harbor Lane Minneapolis, MN 55�141 Estimate No. 1 Street Improvement Project ST.1983-t Street Improvement Pro�ect ST.1983-2 Keys Well Drilling Company 413 North Lexington Parkway St. Paul, MN 55104 Final Estimate Repair Well No. 7 ��l $ 11,847.75 $ 11,903•31 $ 4,225.25 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: � MOTION by Councilman Schneider to ad�ourn the meeting. Seconded by Councilman Barnette, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of May 2, 1983 ad,7ourned at 11 p. m. Respectfully submitted, p „�� ` / i y �� l�/� / �� �� �t�% y��.c,.-(.,�= lc�-cL�4.e-.�L- -- Carole Haddad Williafi� J. Nee Seeretary to the City Couneil Mayor Approved: May 16. 19ft3 � �