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06/06/1983 - 00012571:� �'� .i_ �_�1� • y. ;aeiJ_,. � �. � y_ :�� _ ��i1�.�Fi7t� lJ,i . •• Zhe Regular �leeting of the Fridley City Council was called to order at 7:30 p. m. by P4ayor Nee. PLIDGE OF ALLEGIANCE: Mayor Dlee led the Council and audience in the Pledge of Allegiance to the Fldg. FtOLL CALL: A'�',MBERS PRESENi': Mayor Nee, Councilman Fitzpatrick, Councilman � Hamernik, Councilman Schneider and Councilman Barnette MIIZ+1iBER5 P,BSENT: None f_�73:i ilf=flti�� f1tY �f l.�l� •�1� I • e �71/ .� .TI � •• MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� �, . • : t�fOTION 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 u��-uiimously. G�.�T'JIY��I��� f 71\D: P7ayor Nee requested the following item be added to the agenda: "Consideration of Permit for Fireworks for the 49er Days Celebration". � MOTION by Councilman Fitzpatrick to adopt the agenda with the above additian. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISI�RS: VFW POST 363 RE: G1IMBLING ORDINANCE: Mr. Dewey Pulam, Commander of VFW Post 363, appeared before the Council regarding their request for the Council to adopt a gambling ordinance following the guidelines of the State statute. Mr, Pulam stated that most of the cities in this area have such an ordanance and their members, as well as non-members, particip3te in these functions. ' [���il\i 41 ?! 1\. � 1JU • �: a Mayor Nee stateci both members of the VFS�7 and Amencan Legion asked him how to proceed to obtain such an ordinance and he felt it was appropriate to ask the Council to review it. Mr. Pulam stated the gambling ordinance would be ror the non-profit organizations in the City. Councilman Barnette asked if this was cor�unon practice in the ma�ority of the VEW Posts. Mr. Pulam stated it was very common and the neiqhboring cities of Blaine, Columbia Heights, and Coon Rpaids, as well as many others, have a � qambling ordinance. Mr. Pulam stated the Council has a record of the VFW's contributions to community service and the proceeds from such an ordinance would also go towards co�nunity sexvice. NKYPION by Councilman Hamernik to direct staff to recommend an ordinance for the Council's consideration. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Jim Hill, Public Safety Director, stated all the cities in Anoka County have such an ordinance and that the State statute is pretty stringent and well-defined regardang a gambling ordiance. 1: �S_�. ' F. ._ �. •� : •,_ � C �iL •: / I :\� �I►! � �� S • , • •\ .�� �•� � 1\ ' �M ' • �� •� . �. . . ��.�4.� ' I��l � i� . 1 �u . u I�L_ y, , � MOTION by Councilman Schneider to waive the readzng of the public hearing notice and open the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declarec] the motion carried unanimously � and the publ.ic hearing opened at 7:43 p. m. Mr. Flora, Public Works Director, stated this request is to rezone lots in Erco's First Addition from commercial to multiple residential in order to construct three four-plexes. He stated the size of the apart�nents will ranqe from 1,000 to 1,080 square feet per unit with single car garages. Mr. Flora stated the plan is being reviewed by the Rice Creek Watershed District to make sure it meets their critena. h9r. Flora stated the units are basically designed so they could, at some future date, become condominiimis. At this point of tis�e, however, they will be used as rental property with rents between $475-$500/month. Mr. Flora stated the Planning Commission recommended approval of this rezoning request with the following stipulations: (1) the proposal meets with approval of the Rice Creek Watershed District; (2) a certificate of survep be required; (3) fencing be provided between the two properties; (4) trash containers be relocated and addressed in the landscaping plan to be approved by the City staff; and (5) a 10 foot bikeway/walkway easement be provided along Mississippi Street. � r i^� �_ � [v°�' � ry , C�[INCIL MEEPING OF J[INE 6. 1983 pAGE � Mr. Flora stated the City has normally been requesting a 15 foot easement for the bikeway/walkway system so he would suggest, if this rezoning is approved, that a 15 foot easement be provided. Councilman Schneider questioned if parking was adequate since there are only single car garages, The petitioner stated each four plex would have a single car garage per unit as well as six other uncovered parking spaces. Mr. Flora stated two ad�acent property owners were present at the public hearing before the Commmission and didn't have any ob�ection except they � wanted fencing to be provided between the commercial and residential properties. No persons in the audience spoke regarding this proposed rezoning request. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:48 p. m. �he Petitioner asked if it would be possible to have a first reading on the rezoning ordinance since they wished to begin construction as soon as possible. MOTION by Councilman Schneicier to approve the first readinq of the ordinance to grant rezoning request #83-01 to rezone Lot 3, and the north half of Lot 4, and Lots 6, 7 and 8, Block 1, Erco's First Addition, from C- 2 to R-3, all located in the north half of Section 13, T-30, R-24, City of Fridley, with the following stipulations: (lj that this rezoning meets the approval of the Rice Creek Watershed District; (2) a certi£icate of survey be ftled; (3) fencing be required; (4) trash containers be relocated and addressed in the landscaping plan to be approved by the City staff; and (5) a 15 foot bikeway/walkway easement be retained along Mississippi Street. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carned unanimously. PUBLIC HEARING ON ASSESSMQ�YP FOR WP,TER. SANITARY SEWIIt. ADID S�RM SEWER � IMPROVEMENT PRQ7ELT N0. 134: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public heaxing opened at 7:52 p. m. Mr. Inman, City Clerk, stated this pro�ect was for water, sanitary sewer and storm sewer in the Heather Hills pro�ect and was petitioned for by Brickner Builders. Mr. Inman stated the total cost of the pro7ect was $109,577.23 and, at the request of the developer, this cost was divided among the 11 lots for a total assessment of $9,961.57 per lot. Mr. Ralph Skinner, 6217 Central Avenue, stated he wished to make a statement to the Council regarding development of his property, and how previous actions of the Council landlocked his property. t�7ayor Nee stated the item being heard now is the question of the assessment to the lots in Heather Hills. Mr. Skinner stated he had no ob�ection to the mattex of the assessments being placed on those lots in Heather Hi11s. , [i� 1�. _ �?I _ ��'I� lAl_ :}��I _ '�! Playor Nee stated he would rather keep the record of this hearing focused on the assessments and Mr, Skinner would be able to give his comments regarding his property, after the public hearings on the improvement pro�ects. (see later co�¢nents) Mr. Qureshi, City Manager, stated if Council proceeds with the request of the developer that these improvement costs be equally divided, a notation to this effect would be made on the records. He statec] if the normal assessment method were used, the lots would have varying assessments depending on their size. � No persons in the audience spoke regarding tl�ese proposed assessments. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, rlayor Nee declared the motion carried unanimously and the public hearing closed at 8:00 p. m. ' 1: . �.s C._ \. � \ : 'Jll • i �/:. �.� :,�� ` \ ' S • �A 71 I�' !L� �.� • MOTION by Councilman Hamernik to waive the reading of the public hearing notice and open the public hearng. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:00 p. m. Mr. Inman, City Clerk, stated this improvement pro�ect is for water and sanitary sewer for the Doty/Wellner Addition and 64th Avenue improvements. He stated the improvements for the Doty/Wellner Addition were petitioned for by the owners and the 64th Avenue improvement was petitioned for by the Housing and Redevelopment Authority. 7he total. cost f-or the Doty/Wellner Addition was $29,394.38 to be divided equally between 13 lots or an assessment of $2,261.11 per lot, as requested by the developer. The cost to be assessed to the HRA for the 64th Avenue improvement is $I7,516.55. Mr. Inman stated Mr. Doty has withdrawn his earlier request to the Council to � have the assessments divided to only eight lots. No persons in the audience spoke regarding this proposed assessment. tiOTION by Councilman Hamernik to close the �ublic hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public heaing closed at 8:02 p. m. � = , • � • �� �, 4; � u'�� � � � R �: u � - MOTION by Councilman Schneider to waive the reading of the public hearzng notice and open the public hearing. Secondec7 by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:02 p. m. Mr. Inman, City Clerk, stated this assessment is for street improvement pro�ects ST. 1982-1 and ST. 1982-2. He stated the total cost of pro�ect ST. 1982-1 was $172,012.07 and covered street improvements in the Heather Hills West Addition, Doty/Wellner Addition, 69th Avenue, and the Uniersity Avenue West Service Road. � r-, I � a�� � �� �l _ \. • 1�1�_ � • i Mr. Inman stated the total cost for the Heather Hills West Addition was $69,977.60 which was to be divided equally amonq the 11 lots, as requested by the developer, or a total of $6,361.60 per lot. He stated the total cost for 69th Avenue and University Avenue West Service Road was $81,648.03, with $31,842.73 to be �id by the City and $49,805.30 to be �id by the County. Zhe total cost for the Doty/Wellner Addition was $14,882.62 which was divided equally among 12 lots, as requested by the developer, or a total of $1,240.22 per lot. Mr. Ilvnan stated the 1982-2 street imrpovement pro�ect includes 73rd Avenue and University Avenue East Service Drive for a total cost of $176,242.24. � He stated the cost per front foot for street surfacing on 73rd Avenue was $112.20 and the cost per front foot for curb and gutter was $11.50. The cost per front foot for the Umversity Avenue East Service Drive was $62.25. P�Ir. Irunan stated half of the cost of this pro�ect would be paid from State Aid Funds and the other half would be assessed to the property owners. Councilman Hamernik questioned if Lot 7 on Starlite Circle had already paid an assessment. Mr. Irunan stated an assessment was paid for street, but not for the water and sewer. Mr. Dick Harris, 6200 Riverview Terrace, asked if the cost of the overlays for 78th and 79th Avenues were included in street improvement pro�ect ST 1982-1. Mr. Iruirvi stated this was included in an amount of $5,503.82 which is to be paid from the Street Maintenance Fund, there will be no assessments for this work. I�o other persons in the audience spoke regarding these proposed assessments. MOTION by Councilman Hamernik to close 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 closed at 8:08 p. m. F MR E • D OF HIS PROPEE2TY• Mr. Skinner stated he wished to make known to the Council a proposal for develo�xnent of his property and would like for the statement to be a matter of record regardless of the Council's decision. Mr. Skinner presented a letter to the Council dated June 6, 1983 and asked Mr. Stanton from Stanton Realty to read the statements contained in the letter. 7he simmiary of Mr. Skinner's letter was that he attended the public hearings when the Heather Hills West Project was being considered as he was desirous of developing his property north of Heather Place. Mr. Skinner stated he was wllling to pay a"fair share" of the cost of the special improvements, but was unable to obtain �n answer at the hearings as to his exact final costs and options, therefore, at that point in time was not prepared to enter into what seemed to be an open end, blank check contract and make commitments to which he was not sure of the outcome. � [i_iTfj�;�ijif4f��ii �e�i)_ 11�1 :}1��I:� � bir. Skinner's letter went on to state he felt decisions were made which adversely affected his property rights and by the Council's actions prefetential treatanent was given towards some tax-paying citizens of the coTmnunity. He felt poor �udgment was followed and should be rectified anc indicated he is willing to pay his fair share of $18,835 for special unprovenents. Mr. Skinner's letter indicated he would be willing to pay this amount when the City affects a cure for the problems caused, approves his plat, and obtains access for him from Heather Place Street, P10TION by Councilman Schneider to receive the letter from Mr. Ralph Skinner ' dated June 6, 1983. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider reviewed the comments in the July 13, 1981 minutes regarding this plat and a comment to the fact that Mr. Skinnnex didn't want to develop his property. Mr. Skinner stated the only thing he remembers saying was he would not commit himself to developing the property or paying some price for developing his property in oon�unction with the Heather Hills pro7ect unless he knew the bottom line costs. He stated his reason was that the costs could be more than what he would stand to gain out of developing the property. Mayor Nee stated Mt. Skinner was present at the meetings and told the Council he wasn't willing to develop his property. He stated it was also pointed out to Mr. Skinner, if the Council approved the Heather Hills pro�ect, he would have to deal with Mr. Brickner. I�9r. Skinner stated the minutes will show he stated he was interested in developing his property, but wouldn't commit himself on the cost. Mr. Skinner stated he doesn't have any dispute with the meetings that were held, but objects to the action taken that put him in this position. He stated since Mr. Bxickner hasn't developed property, he wasn't aware of the steps to be taken, but was led by Council on what steps could be taken. � Mr. Brickner stated he has developed on the land and is aware of the procedures to be taken. He stated, besides the development in Fridley, he has developed land in New Brighton which consisted of 28 lots, Mayor Nee stated nothing happens in the way of street construction unless someone petitions for it. He stated the petition was received from Mr. Brickner and H1r. Skinner refused to sign it which relinguished his interest in the question. Mr. Skinner stated the reason he didn't sign the petition was because he didn't want to coimnit to this imrpovement not knowing what it would cost. Mayor Nee pointed out the City nevex has an improvement pro�ect where they know difinitely what it will cost until the time of the assessment hearing. He stated they try to make an estimate, but nobady guarantees any prices. Councilman Schneider stated at the time the Heather Hills pro�ect was being considered, Mr. Skinner made a conscious decision not to participate in the construction of the street and had no interest in it as he wasn't going to develop his property. � `�i r i_ _,.�� I d? y� � o_ �r �� 1�. _ _ 4_ � �. •_ lAl :}i�'I#7 � Mr. Qureshi, City Manager, stated if P1r. Skinner wants to develop his property, he should get together with Mr. Brickner to try and resolve the probl�n. Mayor Nee felt nothing was being accomplished with the present cliscussion and if Mr. Skinner had a concrete proposal to submit to the Council, he could do so and it would come before the Council at one of their meetings. ' C �I i�'._l. �, `:1l���I� 'Ji.�� � �. . �l�_ • �_ ��':� �S � 1 1 : 1� � I� : 1 MOTION by Councilman Hamernik 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 unammously and the public hearing opened at 8:50 p. m. Mr. Walt Starwalt, Chairman of the Charter Coirnnission, stated he, as well as Mr. Treuenfels, was present to answer any questions the Council may have regarding these proposed Charter amendments. Mr. Qureshi, City Manager, stated this is one segment of the Charter amendments, submitted by the Commission, which the Council has discussed and had no comments contrary to the Comnission's recommendations. Mr. Truenfels, n�ember of the Charter Commission, stated under Section 2.03 perhaps the references to the years in the 1950's should be deleted. Mr. Starwalt stated this was discussed at the Charter Commission meeting and they felt the Charter was a historical doc�mient, therefore, to leave in these dates would be valid, Mr. Truenfels felt perhaps the place for this wasn't in the CYiarter. MOTION by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:55 p, m. OLD BiJSINESS• i �� a •�� • �� i •4 � •: /�',_��. • • �,_ '_ . �4. • ��. �� • �• - , ; � I •�F • U �� Mayor Nee stated the motion, before the Council, made at the May 16, 1983 meeting was to deny this variance request. Mr. Siverts stated, since the last meeting, the fence has been completed and built to the specifications he submitted to�he Council. He stated it has been inspected and approved structurally by e Public Works Director and he wi31 comply with the neighbor's request to stain it dark brown and plant vines, Mr. Siverts presented a letter from his neighbor i�mnediately to the north of his property. � ' � � � �� 1�.. _ Ii_pl _�. •_ lAl . PAGE 8 <�d MOTION by Councilman Schneider to receive the letter from Mr, Sivert's neighbor. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Siverts stated the letter basically states that his neighbor has no qualms regarding the height of the fence and undexstands it would be stained and vines planted. Councilman Schneider stated he has no ob�ection to the aesthetics �f the fence, but questioned the hardship or uniqueness oi this situation. He stated, obviously, the neighbors dont't have a concern. Councilman Fitzpatrick stated he would withdraw his second on the origirral motion for demal. Councilman Schneider stated with the second withdrawn, there is no longer a motion on the floor so he would withdraw the motion. MC7TION by Councilman Barnette to grant the variance to allow the fence to be built at a qraduated height, as shown in the drawing submitted, rather ihan the required 7 feet, with the understanding the staining and bracing of the fence and planting of the vines would be comgleted 'oy September 1, 1983. Further, the hardship is based on the lights and noise from industrial centers which have located near the Siverts' residence; however, zn the event this fence is ever destroyed or torn down, it would be rebuilt to meet the code requir�nents. Seconded by Councilman Hamernik. Councilman Barnette stated from the 3 to 2 vote by the Appeals Commission, there was some disagreement by these members whether or not to grant the variance. Councilman Schneider stated there isn't a financial hardship involved or a stivation where Mr. Siverts cannot do it another way. Councilman Fitzpatrick stated he had seconded the original motion for denial, but has looked at the fence and done some thinking about it and didn't have any problem. This may set a precedent. Fle stated he believed if someone else wanted to construct such a fence, there would be ob�ection from the neighbors, however, this isn't the case in this sztuation. UPON A WICE VOTE TAKEN ON 7SiE ABOVE MOTION, Councilman Barnette, Councllnan Hamernik and Councalman Fitzpatrick voted in favor of the motzon. Councilman Schneider voted against the motion, Mayor Nee abstained irom voting. Mayor Nee declared the motion carried by a 3 to 2 vote. •__ � �� •: • � � _�. ��s• � �, , �• _�, • • • � � ��. _� ,� �, � S n _� : ai� . : Mr. Flora, Public Works Director, stated the U. S. Army Corp of Engineers can provide, at no cast, a preliminary study af the Massissippi River levee to advise the City on the condition of the dikes and provide suggestions on maintenance and corrective actions. He stated in order to accomplish this inspection, the Council must first adopt this resolution. Mr, Flora stated, if a problem is found during the inspection, zt would be necessary to come back to the Council with another resolution to deternine how to proceed. He stated, at the present time, if a flood pro7ect was to be completed, Federal funds would be used at no cost to the City, however, this could change at any time in the future. ��L y A: __ V_ A�! A�. � 11�1_ ': '�ei_ Mayor Nee stated if the levee needs to be rebuilt, is there a requirement for the City to rebuild it. Mr. Herrick, City Attorney, stated if the vispection and evaluation is made by the Army Corps of Engineers and deficiencies are indicated and recormnendation on what actions should be taken to correct them are made and the Council did not feel they could proceed with the corrections, he felt there should then be some notification to the properties within the area as to the results of the study. Councilman Hamernik asked if there is the possibility that the current levee � could be determined to he a permanent levee. Mr. Flora stated it would be a possibility, but the chances would be relatively slim. He felt possibly with some modifications it could, in fact, become a sul�stantial structure, MOTION by Councilman Fitzpatrick to adopt Resolution No. 51-1983. Seconded by Councilman Hamermk. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanzmously. APPOINIY�7E�Tr TO ENF,RGY COMMISION fTABLID 5/16/$3): MOTION by Councilman Fitzpatrick to table this item. Seconded by Councilman Hamernik. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: CONSIDERATION OF FIRST REAI)ING OF AN ORDINANCE AMENDING THE CITY CHARTER OF TFIE CITY OF FI2IDLEY fCITY CODE SECPION F MISCJ (2.03, 2.05, 8.04 ADID $.05): MOTION by Councilman Schneider to waive the first reading and approve the ordinance upon first reading. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' RECEIVING LE7TER FROM L+�1LT STARVdALT. CHAIRMAN OF THE CHAFt7'II2 COPII�IISION `ID CONSIDERATION OF SETTING A PiIBLIC HEARING ON AMEN➢ID SECTION 3.07 OF TF:E FRIDI`F'v CTTY CHAfYP�R FOR �fiJr�Y 11 , 1 gg3: MQTION by Councilman Schneider to set the public hearing for July 11, 1983. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � y.__;_� • �� ut .. _ • s ,11� • . . ; • u ��:__ •• i�_ �: •� a�u�� •� • !1,_ :�� • . � . 1 •�u . �,-- MOTION by Coucnilman Hamernik to receive the minutes of the Charter Co�nission meeting of April 21, 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 the public hearing for July 11, 1983. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � J � 1� u�_ �!M �., •_ 11�1_ . ' : C� _►/_\. _ _9_\I,_�. •�41 •l 1\l iY_. • y. .� PA �l_ . ' • 1 it�: LI• Ms •\ • � •\ �1� i� C •' 1�,. ���I���_�,_ 14 :• � •� �. MOTION by Councilman Schneider to set the publrc hearing on this rezoning request for July 11, 1983. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carnec3 unanimously. L(YP SPLIT REOUEST. L. S. #83-01, BY MAI:GIIRLT SEGER. 1586 OSEORNE � ROAD ADID 7650 LAKFSIDE ROAD: Mr. Flora, Public Works Director, stated this is a request to split off the southerly 104.02 feet of Lot 1, Block 2, Spring Lake Park Lakeside. He stated the Planning Conunission has recommended approval of the lot split with the follaaing stipulations: (1) staff clarify the amount of easement needed off Osborne Road for street and bikeway/walkway; (2) staff check to see if any easements are required frwn the utility companies and cable television; (3) staff clarify the sewer line; and (4) the applicant get a survey of the property prior to the Council meeting. Mr. Flora stated a 17 foot street and a 15 foot bikeway/walkway easement for a total of 32 feet is needed along Osborne Road. He further stated, as far as the easements for the utility companies and cable television, these wouldn't be necessary as they are serviced off Lakeside or Osborne Road. Mr. Flora pointed out a problem does exist, however, for ad�acent Lot 2, if a lot split is ever requested for this lot. Mr. Qureshi, City Manager, stated with this ]ot split, the City is trying to assure utility access for Lot 2, even though Lot 1 is the only one requested to be split at this particular time. He felt a five foot easement should be required on each side of the division (split) line. � Mr. Qureshi stated another stipulation would be payment of water and sewer assessments if they haven't already been p�id. Mr. Seger presented a certificate of survey and voiced concern over providing a 32 foot easement on Osborne Road, as it really cuts down the size of the lot. P4r. Qureshi felt this wouldn't be a problem and the staff could work with the petitioner on this point. h'fOTION by Councilman Schneider to concur with the recommendation of the Planning Conunission and qrant lot split L. S. #83-01 sub7ect to the following stipulations: (1) a 17 foot right-of-way easement be provided on the north side of the northerly lot and the additional 15 foot bikeway/walkway easement to the City; (2) a 10 foot easement for utilities be provided on the lot split line; (3) the property owner agrees to p3y any water and sewer utility lateral and service wnnection assessments if they ha�en't already been paid; and (4) payment of the $500 park fee. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � r�i� ���a � ��� .� y 1� __ Y_ ?� �. • 11,!_ . i�i�1 �� � �i� , .. ��� • \ �I \ • 1 •' s1� �� .�. • ' � �� L" �AiN. ' 1'. • � � ,�i1 :.� ��� � �� :�i l 1 :ll� 1 �:\� e171i �1�Q� � � �I\. \ �I• \.. MOTION by Councilman Hamernik to concur with the recommendation of the Appeals Commission and grant the variance to increase the lot coverage for the purposes of an addition between 7702 and 7770 Rancher's Road, with the following stipulations: (1) applicant work with the City and adjacent property owners to insure adequate drainage; (2) additional landscaping/screening be implemented; and (3) the two parcels be combined together to be one tax statement. Seconded by Councilman Barnette. Councilman Hamernik questioned how the drainage would be handled. Mr. Flora stated there probably would be a small retention pond, but staff hadn't had a chance to work with them on it. He stated he was sure this could be worked out to detain some of the water be£ore it goes into the storm sewer system. Mr. Dick Harris, 6200 Riverview Terrace, stated the drainage problem has probably already been solved with the installation of the new curbing. He stated the area to the south has a detention area and since the curbing was put in, they haven't had any problems. UPON A VOICE VOTE T1�ICEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to teceive the Planmng Commission minutes of May 18, 1983. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. .. iI �.i�•� •• �i�L. • ' �:__ .:�•s_ ' •� ��; . ': • P7r. Flora, Public Works Director, stated Park Construction was selected by the State of Minnesota Public Works Association as contractor of the year based on their work in the Community Park, at no cost to the taxpayers, as well as reducing the cost to the State for completion of I-694. Mr. Flora stated the City received a commendation from the Minnesota Public Works Association for submitting the name of Park Construction to be considered far this award. MOTION by Councilman Hamernik to receive the award from Minnesota Public Works Association. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried iuianimously. Mayor Nee congratulated the staff for receiving this award. RECEIVING RFSIC�IATION (ENERGY COMPITSSIONI• MOTION by Councilman Barnette to receive the resignation of Todd Tessmer from the Ehergy Coi[unisson. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, • �� � •: •: �. �.►. _�, , ... t�•._' �� ��i� i�: � • .� •: : ��� 1w :�. � . � !�� 1�n Mr. Irunan, City Clerk, stated several years ago the City started the practice of reclassifying unreserved fund balances to show the City's readiness for ' � , � �� �l COUNCIL MEETING OF JUNE,�,, 1983 PAGE 12 potential shortfalls. He stated Moody's Rating Service has commented on this and sugqested the City continue this process in the future to insure adequate reserve cash balances for the General Fund operation in times of financial crises. Mr. Inm�n recommended the City continue this practice as it could be changed back at any time. P�IOTION by Councilman Fitzpatrick to adopt Ordinance No. 52-1983. Seconded by Counciman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � RFSOLUTION N0. 53-1983 DFSIGNP,TING SIQQA7�RY FOR PEACE OFFICER STANDARDS AND TRAINING (POST1 REINIBURSIIKQ�fP MONEY: MOTION by Councilman Schneider to adopt Resolution No. 53-1983. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RFSnrrrrrnN Np 4-�98 CONFIRMING ESSMF�nm FpR WATER ANITARY EWER ND S`I�RM SEWER TMPF2pVFT�LF.NT PRQ7ECT N0. 134: MOTION by Councilman Schneider to adopt Resolution No. 54-1983. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carned iuianimously. RFSnTL7`�'TpT7 Np 55-� 983 CONFIRPIING ASSFSSMENP FOR WATII� Fii�ID SANITp,Ry SE�'� IMPROVII+III9T PR�.7ECT N0. 136: MOTION by Councilman Barnette to adopt Resolution No. 55-1983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESni.LTT'rON N0. 56-19g3 COD7f�'IRMING ASSFSSMENT FOR STREET IMPROVEMENT PROJECTS �' ST. 1982-1 ADID ST. 1982-2: � MOTION by Councilman Fitzpatrick to adopt Resolution No. 56-1983. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor IVee declared the motion carried unanimously. CLAIMS: MO'PION by Councilman Schneider to authorize payment of �laims No. 130588 through 153Z08. Seconded by Councilman BarneEte. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICIIVSFS: r90TI0N by Councilman Barnette to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carned unanimously. CONSIDERATION OF A PERMIT FOR FIREWORKS FOR THE 49'ERS DAYS CELEERF,TION: MOTION by Councilman Schneider to approve the permit for fireworks for the 49er Days Celebration. Seconded by Councilman Hamernik. Upon a vaice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � x J l) �� ��� _ _ ��� � . 1 �\�_ • � C � ' ?` �Y•�� MOTION by Councilman Fitz�trick to approve the estimates as submitted. Smith, Juster, Feikema, Malmon & Haskvitz 1250 Builders Exchange Building Minneapolis, b'A] 55402 For legal services rendered as City Prosecutor for the month of March, 1983 Keys Well Drilling Co. 413 North I�ington Parkway St. Paul MN 55104 Final Estimate Repair Well No. 2 Hardrives, Inc, P7aple Grove E�cecutive Center 7200 Henl.ock Lane North P9aple Grove, NIDI 55369 Estimate No. 2 Street Improvement Project ST.1983-1 Street Improvement Pro�ect ST. 1983-2 Halverson Construction Company, Inc. 4119 165th Avenue Wyoming, NII�I 55092 $9,213.10 $9,542.37 Partial Estimate #1 Misc, Concrete, Ci�rb & Gutter and Sidewalk C. S. McCrossan, Inc. P.0. Box AD Osseo, MN 55369 Final Estimates: Street Improv�nent Pro�ect ST. 19&2-1 Street Improvenent Pro�ect ST. 1982-2 Electric Service Company 1609 Chicago Avenue Minneapolis, MN 55404 Estimate No.2 Friclley Sports Lighting Pro�ect $11,544,37 $46,955.91 $ 5,450.00 $11,755.95 $18,755.47 $ 5,753.00 $58,500.28 $54,751.60 � L � I_� � � ,� � �� , �� 1�. _ 4 �- �. •_ 1J�.1_ . • : (ESTIMATES COAFrINUID) Les Jones Roofing, Inc. 941 West 80th Street Minneapolis, MN 55420 Estimate No. 1 Roof Reconstruction for Comnpns F1ltration Plant Monette Construction Com�ny, Inc. 2050 White Bear Avenue St. Paul, MN 55109 Est�mate No. 2 Fridley Community Plaza Noble Nursery, Inc. $059 Central Avenue N.E. Blaine, MN 55434 Estimate No. 2 Plaza Landscape Pro�ect � $29,728.35 $35,479.65 $11,555.23 Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carned unanimously. ; � � 1: �lu �� MCYPION by Councilman Barnette to ad�ourn the meeting. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of Sune 6, 1983 ad�ourned at 9:47 p, m. Respectfully submitted, a c�.t��� ��� C,��� �--��--- Carole Haddad Wil am J. Nee Secretary to the City Council Mayor Approved: �une 20, 1983