02/06/1984 - 00012358�3 �
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The Regular Meeting of the Fridley City Council was called to order at 7:30
p.m. 6y Mayor Pro Tem Hamernik.
PLIDGE OF AL�L�'GIANCE•
Mayor Pro Tem Hamernik led the Council and audience in the Fledge oP
Allegiance to the Flag.
ROLL C'AT�I, •
MEMBERS PRFSE[Si': Mayor Pro Tem Hamernik, Councilman Baxnette, �
Councilman Schneider and Councilman Fitzpatrick
P�II�lEERS ABSENT: P�9ayor Nee
APPROUAL OF MINUTES•
COUNCIL MEETING. JAN[JARY 23. 1984:
MOTION by Councilman Schneider to approve the manutes as presented.
Seconded by Councilman Fitzgatrick. Upon a voice vote, all voting aye,
Mayor Pra Ten Hamernik declared the motion carried unanimously.
ADOPTTOTI OF AGENDA:
A70TION by Councilman Fitzpatrick to adopt the agenda as submitted.
Seconded by Councilman 13arnette. Upon a vaice vote, all voting aye, Mayor
Pro Tem Hamernik declared the motion carried unanimously.
OPEN PORIIi'�I. VISI�qRS:
'Ihere was no response from the audience undex this item of business,
P[7HLIC HF�ARINGS:
1. PUBLIC fIEARING ON STREET 7S9PROi7F�9ENZ' PROJECIS 1984-1 & 2� �
MOTION by Councilman Fitzpatrick 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 Pro Tem Hamernik declared the
motion carried unanimously and the public hearing opened at 7:31 p.m.
Mr. Plora, Public Works Director, stated the improvement pro�ect under ST
1981-1 was petitioned for by the property owner for the construction of a
service dxive on the east side of Highway 65 from 72nd to 73rd Avenues. He
stated the cost for this improvement is to be distributed between the two
parcels aaned �y Superamerica.
Mr, Haarstad, 1131 72nd Avenue, stated he owned property to the east and
asked if his property would be assessed. Mr. Flora stated his property
would not be assessed for th�s improvement.
No other persons in the audience spoke reqarding improvement pro7ect ST
1984-1.
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COUNCIL MEETING OF FEBRUARY 6. 1984 $A�E � *°a'
Mr. Flora stated amprovement project ST 1984-2 covers stxeet improvements
on 77th Avenue from the railroad tracks to Main Street and 73rd Avenue from
T. H. 47 to Central Avenue and a sidewalk/bikeway from T, H. 47 to Stinson
Boulevard,
Mr. Flora stated on the improvement of 77th Avenue between the railroad
tracks and Main Street, all development is completed on the north side of
the street and it would be appropriate to improve the street to state aid
standards.
Mr. Richard Harris, 6200 Itiverview Terrace, asked how the property on the
� north side of the street is affected by this proposal. Mr, Qureshi, City
tlanager, stated no assessment is proposed for the property on the north
side of 77th, only on the south side.
Mr. Flora stated the other p�rt of improvement pro�ect ST 1984-2 is for
improvement of 73rd Avenue between University and Qld Central. The
proposal is to improve and widen the street with installation of concrete
curb and gutter to replace the existing asphalt berm anly on tl�e south side
from University to Highway 65 and on both north and south sides fram
Highway 65 to Central Avenue. The improvement also calls for an asphalt
sidewalk/bikeway eight £eet wide to be installec7 on the south side of 73rd
Avenue in the bikeway/walkway easement from T. H. 47 to 5tinson Soulevard.
Mr. Frank Walz, of the O'Connor and Hannan law firm and representing Koch
t�7arketing Com�ny, appeaxed before the Council xegaxcling ob�ections to this
improvement on 73rd Avenue.
Mr. Walz stated a letter was forwarded to the City stating these ob�ections
and asked if the Council had received it.
MOTION by Councilman Fitzpatrick to receive the letter from O'Connor &
Hannan dated February 6, 1984 regarding Street Improvement Pro�ect ST
1984-2 representing Koch Marketing Company's ob�ections ta this
improvement. Seconded by Councilman Schneider. Upon a voice vote, all
� voting aye, Mayor Pro Tem Hamernik declarecl the motion carried �u7animously.
Mr. Walz stated Koch Marketing operates a service station and convenience
store at Highway 65 and 73rd Avenue and iF a traffic median is constructed,
it will elirninate access of southbound vehicles.
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He stated he only became aware of this pro�ect last Wednesday and his
client received no notice of this hearing. He stated they have not had the
opportunity to assess all the imp�cts of this proposal.
Mr. Walz stated he believed access is effectively el�minated to the south,
i£ the median is constructed, and is a detrinent to his client's property,
He stated they ob�ected to the med�an and would prefer to see it reduced so
that the east run is shortened to allow access from the south.
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cAL�CTT �r�ING OF FExRtJARY 6 1984 PAGE 3
Mr. Walz stated the proposed assessment to Koch Marketing for the
improvement is over $9,200 and he believes this adds insult to in�urp by
being deprived of access and asked to pay for it at the same time. He
stated he felt the assessment should be removed to balance the assessment
to t1�e benefitted properties,
Htr, F1ora stated the City has been in contact with Erickson Oil, who it was
understood had an option to purchase th�s property, and the median was
being incorporated into their plans,
Mr. Walz stated Erickson Oil has backed out of the agreement, in part, by
reason of the street configuration. �
Councilman Schneider stated he noted zn the assessment booklet that
addat.tonal notices were mailed on January 31, 1984 and asked if some names
were left off the original mailing notice, Mr. Flora stated the notices
were mailed to those persons on the south and, in reviewing the mailing
list, it was noted the properties to the north should also have been
notified and additional notices were mailed.
Mr. Herrick, City Attorney, stated he became aware of this fact today and
Minnesota Statute 429 provides there should be a ten day writtan notice to
the property owners prior to the date of the hearing. He stated the
statute goes on to say that failure to give a mailing notice or defect in
the notice, doesn't invalidate the proceedings. He stated he would suggest
that rather than closing the public hearing this evening, keep it open to
the next meeting so if any of the prsons feel they were deprived of any
op�rtunity to make an adequate presentation tonight, they could come to
the continued hearing to make any additional presentations.
Councilman Schneider asked if the median could be shortened. Mr. Flora
stated the purpose of the median is to provide stacking space. He stated
they are attempting, at all intersections on state aid streets, to allow a
certain stacking distance. He stated, effectively, without a median,
traffic is trying to turn into the service station which blocks a traffic
lane. �
Mr. Flora stated the City staf£ was under the impression the property was
being sold and they were working with the proposed developer on a
re-configuration of this property, as the potential developer was willing
to provide access to the east.
Mr. John Buzick, 1201 73 1/2 I�venue, stated he felt this assessment would
be a hardship on then because if he had known this was going to take place,
he never caould have purchased the property, He stated he can't see
spending the money for the improvement for something that would have no
benefit to him.
He stated he understands this is a state aid street and the City will
receive funding and yet the owners are still going to be assessed.
Mr. Flora stated tl�e City receives money for state aid streets and uses the
funding for maintenance of streets once they are constructed.
Mr. Buzick stated there seems to be a wide discrepancy in the cost of this
improvement comg�red with the cost of the improvement for 77th Avenue.
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Mr. Buzick felt that no one on this stxeet wants the imrovement and will
not gain anything from it,
Mr. Qureshi, City Manager, stated when 73rd was originally built, most of
the property along the street wasn't develo�ed. He stated blacktop with
base was put in just sufficient to take the traffic at that time and the
plan naa is to bring it to the proper industrial standards. He stated the
choice is to let the street deteriorate further or try to build on a base
that is almost 15 years old and save that investment,
hir. Buzick stated if they didn't have to contribute so much, he didn't feel
� it would be such a pxoblem with the property owners. He stated he can't
see where the street looks like it needs a ma�or upgrading. He felt they
would be receiving no benefit for what they would be spending for the
improveznent.
Mr. Harold Haluptzok, owner of property on 73rd Avenue, stated he didn't
feel the street has deteriorated at all. He stated he would like to know
where the City came up with the necessity to improve the street other than
looking at a long-range City plan. He stated if it is to improve some of
the problems for Medtronic or Onan, he then sees it as an entire City
problem.
He stated he has a problem with the improvement and I�e has no access on to
73rd and never has had access. He stated he understands if this is
designated as a state aid street, 100� of the improvement can be paid from
these funds.
Mr. �ureshi stated when this street was built, ii= wasn't built to the
normal industrial standards because, at that time, it was felt there wasn't
enough volume of traffic and the ad�oining pxoperties weren't f u11y
developed. He stated they are trying to stage the construction to extend
the life of the street.
Mr. Flora stated 73rd never received a final mat and, by being desiqnated
� as a state aid street, it requires it be built to certain standards and
have concrete curb and gutter and designed to accept the heavy traffic
loads,
Mr. Haluptzok asked if there was a study that shows they have a traf-fic
problem on 73rd. Mr. Flora stated traffic counts indicate the street
stxeet would be widened.
Mr. Haluptzok stated he didn't see why state aid funds couldn't be used
because it would benefit the entire community. He stated he felt the
improvement would be more beneficial for Onan, Medtronic and Superamer�.ca
than for the other property owners. He stated he has a problem oi not
having access and being asked to �y to uP3rade a stxeet he never uses.
Mr. Qureshi, City Manager, stated there is a different situation here in
that two lots on the north have double frontage, and these may l�e
situations the Council may have to address.
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Mr. Sim Lieterman, 1241 72nd Avenue, stated when 73rd was constructed, it
was a state aid street. He stated he was also assessed for this street at
four times the rate of 72nd and 73rd is a poorer quality street. He stated
he would be assessed at a rate he feels is ridiculous and doesn't care
about the street, as 72nd is used much more than 73rd. He stated he
totally disagreed with the assessment method on this �rticular street. He
stated he would be losing 15 feet for a bikeway/walkway and he also has to
�y for the improvement. He felt the traffic on the street didn't warrant
the improvement at this time.
Mr. Haarstad, 1131 72nd Avenue, stated he is in the same situation as Mr. �
Determan and others on the north side between 73rd and 73 1/2 as they have
frontage on both sides. He stated the street doesn't appear to be in bad
shape, and has a problem as to why it should be upgraded. He stated he had
a problem with how they were plamm�g to assess the improvement. He also
felt the bikeway/walkway wouldn't get much use in this industrial area and
even though they have to give this easement, they will still continue to
pay taxes on it. He felt the improvement would be of no value to him and,
even tl�ough the Crty would be getting state aid, the property owners would
still be assessed the full value.
Mayor Pro Tem Hamernik stated the City's assessment policy was adopted in
1962 and applied to all state aid streets. He stated he is not saying,
howe�er, it shouldn't be reviewed.
Mr. Haarstad felt the Council should take a serious look at the policy.
Ms. Flyrui Gubrud, 1445 Danube Road, asked the purpose of a 10 ton road.
Playor Pro Tem Hamernik stated a 10 ton design is a normal industrial
street.
P7s. Gubrud asked if the street couldn't be improved as it exists now.
Mr. Flora stated with the improvement, they would be putting on the final
mat and concrete curbing in order to bring it up to meet the industrial
standards. �
Mr. Qureshi, City Manager, i-elt the Council should evaluate if the
improvement should be done. He stated the Council could look at some of
the concerns brought up to see if they can mimmize the cost impact on the
ad�oining properties.
Mr. Don Spana, 73Q0 Jackson Street, stated there are 14 houses that front
73rd between Baker and Umversity. He stated he went to those residents
and contacted 11 of then and 10 ob�ected to the improvement as they felt it
was not necessary. He stated there is no reason for the traffic to be
delayed in the area, therefore, doesn't see why there would be any need to
widen the street to handle additional traffic. He stated the other
ob�ection, as far as the bikeway/walkway on the south side, xf you build a
four lane wit2� no stop signs, the question is how the people in Melody
Manor will even be able to get their bikes across the street. He stated
the people in this area are, basically, opposed the the improvement.
[�7r. Dave Thiele, 7300 Tempo Terrace, stated that when Cub Foods was
proposing to locate in this area, experts said the road didn't need
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upgrading so he felt the improvement wasn't needed. He stated the nore
improvements that go in, the more super highway it becomes, He felt the
improvement would only encourage more traffic.
hir. John Jensen, General Manaqer of Minnesota Transfer Railway Com�,any,
stated he would, generally, concur with opposition to the improvement.
He stated he could see no reason for the bikeway/walkway and no benefit
from the impxovement as far as the F+Linnesota Txansfer Railway Company is
concerned.
� Mr. Les Qiies stated he received no notice of the hearing, but could see no
excuse for the City to come up with this improvement. He stated if the
street is designated as a state aid street, the improvement should be p�id
for by these funds. If the City wants to build the street, they shoulc] pay
for it. He stated the people who live there don't want it.
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Mr, Bob Colter, P4ilwaukee Road Railroad, sl.atec� they highly ob�ect to this
improvement. He felt it was unrealistic as far as the cost and, as far as
the bikeway/walkway, it is of no benefit at a11. He stated the Milwaukee
Road didn't want the improvement and a$166,000 assessment.
Mr. Bo6 Clark, Rock Island Railroad, stated they will receive no beneiit
from the impxovement, but can only see damage to thelr property. He stated
they have the property for sale and no buyer will purchase the property
with this proposed assessment. He questioned how manp property owners it
would take for the City to cancel this pro�ect, and �_elt the Council shoulc7
take this into consideraton.
MOTION by Councilman Barnette to close the public hearing on ST 1984-1 and
ST 1984-2 covering 77th Avenue, but to continue the hearing on ST 1984-2
regarding 73rd Avenue to the February 27, 1984 meeting. Seconded by
Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem
Hamernik declared the motion carried unanimously.
OLD BUSINESS:
CONSIDERATION OF APPOINTMENT OF NEW MEHIBERS TO CITY COMMISSION (TABL�D
1/23/84):
Councilman Fitz�trick stated he had contacted Jan Seeger to determine if
she would consider reappointrnent to the Parks and Recreation Commission and
she is taking this under advisement.
I�IOTION by Councilman Schne�der to table these appointments to the
Commissions. Seconded by Councilman Barnette. Upon a voice vote, all
voting aye, Mayor Pro Tem Hamernik declared the motion carried unanimously.
WNSIDERATION OF APPOINThIENT OF A CITIZEN TO ^1HE RICE CREEK WAT�RSHED
DISTRICi' TASK FORCE (TABLID 1/9/84):
Ni�TION by Councilman Barnette to nominate Carrol Hauc�e for appointment L-�
the Rice Creek Watershed District Task Force. Seconded by Councilman
Fitz�trick.
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J QOL�CTL MEET Nc' OF FE Rr rzv 6 i 984 PAGE 7
MOTION by Counciiman Schneider to cast an unanimous ballot for the
appointment of Carrol Hauge to the Rice Creek Watershed District Task
Force. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Pro Tem Hamernik declared the motion carried unanimously.
4. ORDINANCE 1V0 798 RECODIFYING THE FRTDLEY CITY CODE BY ADOPTIN A NEW
CHAPTER 101 CNTI7'LED "ANIMAL CONTROL" AND REPEALING OLD CHAPTER 301
ENTITLED "LIVESTOCR CONTROL" 302 ENTITLED "ANIMAL CONTROL" AND 303
ENTITLED "WILD ANIP4ALS AND BIRDS" IN THEIR ENTIRE7'Y (FIRST READING
1/23/841:
MOTION by Councilman Fitz�trick to waive the second reading of Ordinance �
No. 798 and adopt the simunary and the ordinance on second reading and order
publication. Secondec7 by Councilrnan Schneider. Upon a voice vote, all
voting aye, P4ayor Pro Tem Hamernik declared the motion carried unanimously.
5, ORDINANCE NO 799 RECODIFYING THE FRIDLEY CITY CODE BY ADOPTING A NEW
CI171PTER 214 ENTITLED "SIGNS" AND REPEAI,ING THE OLD CHAPTER 214 IN ITS
ENTIRETY (FIRST READING 1/23/841:
MOTION by Councilman Schneider to waive the second reading of Ordinance No.
799 and adopt the simur�ary and the ordinance on second reading and order
publication. Seconded by Councilman Barnette. Upon a voice vote, all
voting aye, Mayor Pro T�n I3amernik declared the motion carried unanimously.
NEW BUSTNESS:
6. RESOLUTION I3J. 15-1984 IN OPPQSITION � THE ESTABLISHMIIVT OF TELEPHONE RATE
TERRI7l�RIES (TIERSI BY NORTIIWESTERN BELL TELEPHONE COb'1PANY:
Pi�TION by Councilman Barnette to adopt Resolution No. 15-1984. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Pro Tem
Hamernik declared the motion carned unanimously.
7. RESOLUTION D10. 16-1984 ET]COURAGING TfiE GOVERNOR � PURSUE THE FINDINGS OF
THE GOVERNOR'S COP7MISSION 'PO REVIEW THE METROPOLITAN WASTE CONTROL �
COMMISSION:
MOTION by Councilman Schneider to adopt Resolution No. 16-1984, and forward
it to the Governor's office. Secondecl by Councilman Barnette. Upon a
voice vote, all voting aye, Mayor Pro Tem Hamernik declared the motion
carried unanimously.
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Mr. Flora, Public Works Director, stated the City annually requests
permission to advertise for a contract for replacement or removal of any
curbs, gutters or sidewalks in the City during the year.
Na�TION by Councilman Fitzp�trick to adopt Resolution No. 17-1984. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Pro Tem
Flamernik declared the motion carried �nanimously.
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CL][1N('TI, [JJF�'T� OF FERRITAR}( ( 1 St� PAGE 8
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Mr. Irunan, City Clerk, stated in the memo the Council received from Chief
Aldrich, there were typographical errors and the Alternate "D" deduct
should be $5,146 and the Alternate "C' add should be $4,475 for a total bzd
of $79,828.
MOTIODI by Councilman Fitzpatrick to receive the bids for the Fire
Departrnent rescue squad and appurtenances.
� VIIVDOR
- am sorm
BASE BID
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ALT. A +/-
FTIG. HOOD
�tT. s +/-
BODY/STEEL
ALT. C +/-
LdWER UNIT
ALT, D +/-
GAS IIVG
DELIVERY
I)P.TE
MID CE[�7TRAL�
FIRE & 5AFETY
So US Fidel�ty
Guaranty Co.
3-D Fzre Ap,
$$0,499.00
-$1142.00
-$3000.D0
+$4475.00
-$5146.00
150 Cal.
days
FIRE SAFETY
PRODUCTS EVF
5o Great �1mer.
Ins. Co,
b�larien Body
$79,90II.00
-$1158.00
N/B
+$35�D.QQ
-53577.00
90 days
AR Chassis
5% Hartford
EVF
$82,063.00
Optional
Chassis price
N{B
Dif B
-$4208.00
120 days
AR Chassis
Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor
Peo Tem Hamernik declared the motion carried �ui�nimously.
MOTIOD7 by Councilman Schneider to awaru� the contract for the Fire
Depari�nent rescue squad to the low bidder, P1id-Central Fire & Safety for a
total bid for $79,828. Seconded by Councilman Barnette. Upon a voice
vote, all voting aye, Mayor Pro Tem Hamernik declared the notion carried
unanimously.
10. CONSI➢ERATTON OF REOUEST FQR A TEMPOR2IRY TRAILCR LICENSE POR QNAN
CORFORATION:
blr. Flora, Public D,7orks Director, stated Onan currently has a permit f�r a
temporary trailer placement and, because of an increased c7emand for
mechanical research and development, sFace is needed to house the reseaxch
engineers and technicians ad�acent to the mechanical laboratories. Mr.
Flora stated Onan wishes to add two more trailer umtis to be used through
mid 1986 and extend their previous trailer request to that date.
MATION by Councilman Schneider to grant the request for a temporary house
trailer permit application to Onan to a11ow two addition��l trailers through
June, 1986 and extend the existing trailer a�plication unti3 this c7ate.
Seconded by Councilman Bamette. Upon a voice vate, all voting aye, P�ayor
Pro Ten Hamernik declare8 the motion carried unanimously.
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11. LICENSES:
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MOTION by Councilman Fitzpatrick to approve the licenses as submitted and
as on file in the License Clerk`s Office. Seconded by Councilman Barnette.
Upon a voice vote, all voting aye, Mayor Pro Tem Hamernik declared the
motion carned unanimously.
12. G7�AIi+75:
MOTION by Councilman Barnette to autharize payment of Claims No. 024503
through 032V05. Seconded by Councilman Schneider, Upon a voice vote, all
voting aye, Mayor Pro Te�n Hamernik declarecl the motion carried unanimously.
13. ESTTS7ATES:
NYJTION by Councilman Fitzg�trick to approve the estimates as submitted.
f]errick & Newman, P.A.
6279 University Avenue N.E.
Fridley, HIIV 55432
For legal services rendered as City Attorney
for the month of January, 1984
Invoice No. 2147 of February 2, 1984
Legal Services, Industrial Revenue Bond
re: Fridley 100 Partnership
$1,650.00
$1,650.00
Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Pro Tem Hamernik declared the motion carried unanimously.
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MOTIOD] by Councilman Schneider to ad�ourn the meeting. Seconded by
Councilman Barnette, Upon a voice vote, all voting aye, Mayor Pro Tem
Eiamernik declared tl�e mation carried unanimously and the ftegular Meeting of �
the Fridley City Council of February b, 1984 ad�ourned at 9:05 p.m.
Respectfully sutanitted,
,, G:d�GI/tZf.O' �✓ " - " " --
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.-L i�,(�a-�C� �•( .f c-L.LC�G�
Carale Haddad Edward L. Hamernik
Secretary to the City Council P4ayor Pro Tem
Approved:
Februarv 27. 1
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