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06/18/1984 - 000122291�4 THE MINIITES OF THE REGULAR_MEETING� TH _FRIDLEY CITY COUNCIL OF JUNE 18. 1984 The Regular 4leeting of the Fridley City Council was called to order by Mayor �fee at q:43 P.rn. PLEDGE OF ALLEGIANCE: Mayor Nee 1ed the Council and audience in the Pledge of Allegiance to the Flag, ROLL CALL: MEMBERS PRESENT: Mayor Nee, Counoilman Barnette, Couneilman Schneider � Councilman Hamernik and Councilman Fitzpatrick h1EPIBPFS ABSENT: D�one kPPRDVl�L OF MTNUTES: BOARD OF REVLEW MEETINGy_STUNE 4_1984: P?GTTON by Councilman 5ehneider to approve the minutes as presented. Seconded by Councilman Haraermk. Upon a voiee vote, all voting aye, Mayor Nee deelared the motion carried unanimously. CITY COUP7CIL MPETING JUNE 4 19$4: MOTION by Couricilman Barnette L-o approv� the minutes as presented. Seeonded by Couneilman Fitzpatricic. Upon a voice vote, a11 votin$ aye, Mayor Nee declared the motxon carried unanimously. ADOPTION DF A -EC ,NDA: Mayor Nee requested the following item be added to the agenda; Consideration of a vzrsance request for test points on the cablE system. MQTSON by Couneilman Fitzpatrick to adopt the agenda with the above � additxon. Secondec� by Ccuncilman Sohneider. Upon a voice vote, a11 voting aye, Mayar P7ee declared the motion carried unammousZy. f�PGN FORUM. VITISTQRS: P4ayor Nee reaG a letter received from John Gargaro expressing his thanks to the Cxty staff and Cauncil for their help and cooperation far the 4ger Days CeleLratic�r,. MOSION tay Coi�ncilman Schneider ta receive the letter from John Gargzro. Seconded by Couneilman Hamernik. Lipon a voice vote, all voting aye, Mayor Nee �eclared the motion carried unanimously. Mayor Nee stated the 4ger organization worked very hard and put together a very suceessful event, and also thanked the staff for their support in this eveut. � COUNCIL MEETING OF tTiNE 18 1984 PUSLIC HEARINGS: PUBLIC HEARING ON ASSESSMENT FOH STREET SNtFR0VEP4ENT PP,QJLCT ST. 19Fi4_1: MOTION by Councilman Schneider to waive tf�e re�ding of the Iaudlic hear�,n6 notice and open the public hearing . Sec�nded bY Cuu c1�nan H ernik. U a voice vote, all voting aye, f4ayor Nae de�larec� �he Qo�°aon earr��'u� unanimously. � and the public hearing opened at 7:48 p.s�i. Mr. Inman, City Clerk, stated a memo was sent Lo the C,ty Maria�er regas°ding notification to the residents and he woulc], S.herefur�e, r?conunend tl-,e hearir_� be kept open until the July 2 Council �eeciizb. Mr. Inman stated the assessmEnts cover streei. snipruvement pro,7ects ST i�)83-� and ST 1983-2• He stated ST 19g3-2 ls far a_P�e iraprc�,remen� oi 5tY� Streei for a total eost of $138.11$.03 whieh is a sEate-aicl sY.reet and Scate Ai�t Funds were used for this improvement. Mr. Inman stated street improvement pr�,7ect ST 1';83-1 coverecl tYze 6$th Avenue relocation at a cost of $41,521,30; t1�e Centex� Citp Plaza constructian and landscaping at a cost oF $�31,9y2.87; and constructi�n �i the parking lot at a cost of $150,529.53� s?� st�,ted the cast of these improvements will be assessed to the Frlciley Aouaing and Redevelopiaent Authority. Mr. Inman further stated the improvement eY b6th Aven�ie was included ln this pro,7ect and will be assessed at the front foot rate of �41.12 per fcot ancl the side yard at a rate of $2.94 per foot. Mr. Inman stated the office building and landscapii�g pc�rtxon of the Cerater City work cost $62,209•60 and would be assessed �o i,he avrner oi the building. The landseaping for the medieal eTina r oi ,;1 ,��73 erc,u�c� oe � assessed to the owner of the medical clinic. Mr. Inman stated, in con�unetion with the improvement of 66�Ch 1?ven4ie, Ll�e property owner at 6581 Central Avenue natl a water tap insCalled rand is asking that this cost 6e deferred until sueh titne as the 1ot is splxt. � Mr. Curt Loschy, 7399 66th Avenue, questicaned �.i the propercy at,ners wou1.� 6e paying acumulated interest or: this im�rove�iert sii7ce it was completed a year ago and would the interest be defined so xt eould be reparted for tax purpases. Mr. Inman stated he wouldn"t be paying acumulated ititerest because L111J improvement wasn't assessed last year. The interESt, wouldn't show c�n Lhe records, however, this figure ean be given to Mr, Losch� if he calls th� City. Mr. Curt Barsness, 6581 Central Avenue, sLaLed his �roperty really tronts or, Central Avenue, however, he is being assessed as f'roriiin� on 66�h Au�r.Lie. -2- �,� �. , � �. � COUNCIL MEETING OF TS UNE ]$, 19� Mr. 9ureshi, Czty Manager, explained the City's assessment policy and if the Council decides to assess this as side yard, the affected property owners down tY±e street rrauld have tc 6e notified. Mayor Nee asxed if the owners to the south could be assessed since they werer't notifled wkaen this pro�eet was proposed. Mr. Herrick, City Attorney, stated he aidn't thinl: this could be done. Mr. Quresl;i, City Manager, stated staff would check into this question furthEr. Mr. Bob Burdiek, 1316 66th Awenue, stated he would agree with mr, Barsness. � ,7os next door• neighbor, regarding the method in which he was assessed. He stated he felt the distributxon af this assessment was not equitable in Mr. Barsness' case. No other persons spoke regardin� this asse�sment for the street improvement pr��ect. MOTION by Council�an Schneider to ecntinue the public hearing to July 2, 1984. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Nayor Nee declared the motion carried unanimously and the public hearing opened at 8:05 p.m. PUBLIC HEARING ON ASSESSMENT FOR STREET IMPROVEMENT PROJECT ST. 198�-4: MOTI�N by Councilman Hamernik to waive the reading of the public hearing notice and open the public hearir.�. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried uiYanimously and the public hearing opened at $:O5 P.m. Mr. Irunan, City L'lerx, stated this improvement covers sidewalks on the south sade of Osborne Roac3 at a Lotal cost of �13,563.01 to be assessed at the rate of �1C1.93 Per foot. Mr. Snman askcr� that this hearin� be continued to July 2, 1g84. � [�16TION by Councilnan Barnette to eontinue this public hearing to July 2, 1q84. Seccnded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. PUBLIC HEARING ON STREET I�4PROVEMENT PROJECT ST. 198A-1 (ADDENDUI ��4) CAPTI�L STREET: MOTION by Councilman Fitzpatrick to waive the readin� of the public hearing notice and oper. the publie hearing. Seconded by Councilman Schneider. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unaniraously and the pixblic hearing opened at 8:D6 p.m. Mr. Flora, PuU1ic W��rks Girector, stated a petition was received from eight of the twelve residents on Capitol Street for street improvements. -3- � CO[INCIL MEETING OF JUNE 18. 1984 Mr. Flora stated the estimated cost for this improvement is $39.55 a�'ooic for front and $7.52 a foot far the side yard. Couneilman Fitzpatrick questioned whether the property at 5180 C�Pito1 would pay a front yard assessment if they alrea�y paic3 a froet fioot asse:,sment for Hughes Avenue. Mr. Qureshi, City Manager, stated st�iff would cheek to see if a front foot assessment was paid on Hughes Auenue. Mr. Don Breza, 5221 Capitol Street, questionea the storm water i°un-cif and � the plans to improve this problem. Mr. Flora stated the road will be raised slightly wat,h a crown in the center and with installation of the curb and gu�ter, EYnis woulcl br usecl tu carry water to the catch basins. Councilman Fitzpatrick stated the probles� I�?r. �3rez�, refers to as th� orater that comes off Main Street and runs down d�apit;ol and is one of the reasan:� why Capitul Street hasn't been improved before his time. Mr. Qureshi stated the road would be crowned and wacer should drain into the starm system. He stated it is hoped the water frour a heavy rain SdOU]CI dralr. in several hours, Mr. Patrick Brown, 5244 Capitol Street, stated cheir street is cansiderably lower than Main Street and, therefore, thcy receive y�ater run-off Pa°on_ the businesses on Main Street. Mr. Flora stated by putting in the curb and �u4ttr and crown, Lhis shoulc� substantially reduce the amount of water run--oYf irar. Maan Sta�eet. Mr. Qureshi stated the lmpro�ement woulclr' t sr,lve tYae ���•oUlem COLlp� �2;CS'y� because the system isn't designed to handl� ?il of tlie water. Mr. Earold Stevens� 5228 Capitol Street, stated if tiie dra�nage can't be � fixed, he didn't feel they should spend irioney to Fix somethin6 only ha1Y way. He staced in order to hold the water tn cl?e street, a two foot eurb would be needed. � Mr. Stevens stated when they have a heavy rain, he has a lake in ironi oi his home. Mr. Glen Harstad, 5212 Capitol Street, sti�ted he took around the peL�tian for the improvement of Capitol Street and aak,�d if the estimatPCt fzgures given for the improvement could be lower. Mr. Qureshi stated bids could come in lovrer, 6ut th�y can't guarantee it. Mr. Stevens questioned how much footage he wou3cl bt assessed for• and WCluL it would cost him. Mr. Inman stated he wouid be assessed for 101 front feet and 46 feet for side yard. PSr. Stevens stated 75 feet doesn't belong �,a him. Mr. Tnman statecl hc would -4- ��ye� sy "� ��, COUNCIL MEETING OF JUNE 18. 198k have tc cheek into this further since this is a pie-shaped lot to determine if there are any outlots. h;r. Harstad asked if the County could be brought in to evaluate Main Street so Capitol Street doesn't receive the water run-off. Councilman Fitzpatrick stated several qears ago the County came in and did exactly what Mr. Harstad is requesting. He statecl he felt it has improved the situation, but a lot of water still remains orn the street ever? with a small amount of rain. � Mr. Harstad askec3tahat action would be taken regarding this improvement. Cuuncilman Pitzpatriek statea the purpose of the public hearing is to determine if the people on Capitol Street wish this impro�rement, He stated there kas a petition with eight of twelve residents signing for the improvement, howeaer this isn�t what he zs hearing now. f4r, Qureshi stated if the Couneil wishes ta proceed with the improvement, it could be ordered and the City would prepare plans and the pro,7ect could be added to the existirig street improvement pro�eets for 1984. Mr. Harstad stated he fElt at Teast 12 persons want the improvement, if it is done correctly. Mayor Pdee stated the storm sewer has a certain capacity and not much could be done abauL this situation. Mr, Flora stated xt is planned to install valley gutters on P9ain Street and iL is hoped, wit-h the curb and gutter, this will help keep some of the water �ff Capital Street. Mr. Brawn stated even thou�h they are concerned about the water, they stz21 support the petition far the improvement, Mr. Don Ereza, 5221 Capitcl Street, stated she didn�t sign the petition, but � it doesn'L mean ahe is not in f2vor of the street improvement. She questioned why the street couldn't be inproved without curbing as she felt this would only add to water in the street and wlthout the curbing, the water runs iatio the park area. Mayor Nee stated zt has been ttre City's experience that curbing helps to contain the water. Mrs. Breza asked if more catoh basins would be installed, Mr. Flora stated the piirpose of the catch basins are to collect water from the street and divert it into the storm sysCem. Mayar Aiee stated the problem really isn't the lack of catch basins, but the piping tar diverting the water into the storm system. Mr. �lureshi stated if it would help to put in more catch basins, this could -`�- � COUNCIL MEETING OF JUNE 18. 1984 certainly be checked into further. MOTIDN by Councilman Fitzpatrick to close the puY�lic hearing. Seccnded by Councilman Barnette. Upon a voice vote, all voting �ye, Mayor Nee deelared the motion carried unanimously and the puhlie hearing closed at �i:45 p.r�i. �!. PUBLIC HEARING ZOA Ik84-02 TO REZONE LOTS BETWEEN ASHTON AIQD �AST RIVk:R ROAD FROM R-1 TO R-�. BY ROBERT DeGARDNER: MOTION by Councilman Barnette to waive the ruading of the public hearzng � notice and open the public hearin�. Seconded �y Councilman FiLzpatrick. Upon a vaiee vote, a11 voting aye, Mayor fJee deel�red the motion carried unanimously and the public hearing opened at 6:A6 �,m. Mr. Flora, Public Works Director, statec� this is a request co rez�ane property from R-1 to H-3 between Ashton and East Ftiver Road on 61st and 61-1/2 Way N.E. Mr. Flora stated the petitioner plans to construct 13 four-plex units trith each unit being a little over 60p square feet. He stated rrhat is proposed is the loft home concept which would cater to single persons and couples. Mr. Flora stated the Planning Commission reviewed this rezon�.n� reguest and was concerned about the density in this area, the plaa was nat a fam�ly development and that the development didn"� fit in w?_th �,he neighbornced, and reeou,mended denial. Mr. De Gardener, the petitioner, stated he has a sa[ailar development iii Coon Rapids and 80 to 90� af the person� buying tUese loft homes are szngle or couples, therefore, he didn't feel thzs �roulti add ta the densiLy. Mr. DeGardner stated he felt this site zvas ideal because xi zanuld t�e a buffer between single family homes and industrial, and felt ths locaf,�.un waa appropriate for multiple units. � A drawing was presented which outlined the location of the proFosed 13 four-plex units. Mr. DeGardner stated these are deluxe units witka patio�, oak woodwork, air conditioning, and al� appli�nc�s and affordable �_„ �39,90D. Mr. DeGardner stated if they obtain VA fieancing, not over 5°,� e±' the units can be sold to investors. Mayor Nee asked Mr. DeGardner if he would be interested in ,7ust eanstruc�ing the portion south of 61 1/2 Way, and if �arages would tie worked into Lhe plan. Mr. DeGardner stated he wouldn't have any c�baect;ior; #�> doing only a port�on of what was proposed and garages would be pi^o.�ided aL an additicnal eost of $3,500 per unit. Mr. DeGardner stated Mr. Nielson, the owner of the praperLy, had cis�teu with most of the people in the neighborhoo� and had favorable F°asY�kase 4nr didn't realize they would have any pro�alem at a11 iazth the r�esi�entu � � 1��� � �? N�I COUNCIL MEETING OF JUNE 1,$�_]qg4 o��osing thls deveZopmen±, Mr, So,7, 65 61-1/2 Way, stated Mr. Nielson talked to him about this development aild he went to see the one in Coon Rapids. He stated he didn't realize they wauld be 28 to 2g feet high whieh would black sunlight and air from his home. He stated he felt this development would also create a trafflc problem on Ashton. He stated the driveways would be across the street from his home and garage. � Mr, Roger Berkholz, 6703 East River Road, stated the living room and bedroom face 67-1/2 Way and the garages for this development would be across from the Iiving and bedroor¢ area of his home. He stated he felt single family homes should be gut in this area. Mr. Ed Ksolihowski, 35 62nd Way, st�,ted there are new homes across the railroad tracks from him and felt single family homes should be built on this property. Mr. BeGardner stated this pro,7ect would create a$2,000,000 tax base for Fridley aud the school district. Iie pointed out a lat of cities are buying industrial buildings and selling them to developers for $1.00 in order to ereate a tax base. P1r. Larry Mewhorter, 39 62nd Way, stated he was opposed to the rezoning because of Whe density. He stated if this development goes in, Ashton would have to be wideued. He staLed he didn't want this development across the street from his home. Mr;, d��tty F3erkholz, 61Q3 East River Road, stated she was concerned about the children. She felt where there are siugle people living, they probably are geing io have pariies and didn't like the element of persons who would be movang into these homes. Stze stated she was in favor of single family homes ta enhance the neighborhood since rt is now a quiet neigh6orhaod. � Mr. Mewhorter stated the Plauning Commission stated Fridley has more than enough l�w income housing and understands these would be considered low ancome housin�. Mr. Nielson, 714�4 kiverview Terrace, stated these wouldn't 6e considered low ancome because yau would need to raake at least $18.OD0 in order to qualify. He stated, as far as the noise, there would be an association and he didn't feel they would want this either. Couneilmaar Fitzpatrick stated this is an area that simply hasn't developed aver all these y�ars zt has been zoned R-1. He stated it seems some kind of huffer is ultim�tely going to happen rather than single family dwellings. Mr. DeGardner stated he has been developing land for 20 years and there is a real demand for single family lots. He stated this area isn't a decent area for sangle f'ar�ily homes and if it ever developed for single family units, it -7- , COUNCIL MEETING OF JUNE 18. 1q84 probably would be low income housing. He stated rigP�t nowT this xs ti-ie best market to sell lots for single family homes ana zf the land was mark_etable for this use, he would build them. Mr. Nielson �tatefl he has talked to several. realtors regardirig Uhis property and none of' them wanted to get znvoZved with s�ng3e family hoses 3n thzs area. Mr. Berkholz stated when East River Road was widen, 21I xinds of fill was � hauled into this property including trees, stixmps, o�i and grease, etc, Re felt they would have problems 6uilding cons�d-ar•xng what has been used for fill. No other persons in the audience spoke regarding this rezunxng request, FIOTION by Councilman Fitzpatriek to clos�; t17e public hearieg. Secanded 3�y Councilman Hamernik. Upon a voice vote, 211 votzng ay�, Mayor Nee fleclared the motio❑ carried unanimously and the publie hearirg closea aL- g:30 p.m. 5. PUBLI�' HEARING ON THE NiATTER OF A CABLE RE1Tr' INCREASE• MOTION by Councilman Schneider to waive the rea3ieg of the pubiic hearing notice and open the publie hearirtg. Seconded by Cokncilman Hamernxk. UpGn a voice vote, all voting aye, Mayor Nee declared the motion carrzed unanimously and the public hearing opened at 9�31 p.ru. Mr. Flora, Publie Works Director, stafea a request was recexvcc] i`rnre Northtown Cable Television to rai3e their basie serv2ce ratey from �7.5Q to $70.00 and raise their additional outlet rate from �1.50 to y4'3.00. He stated the franchxse requires the cable operator to submit any requ�st for rate increaseu to the Council. Mr. Chris Wegemer, Manager of Storer Cable, stated ,�500,000 was reeently � spent to upgrade the system. He stated tr�ey face a luss this year and 1t is for this reason they are requesting ths rate increase. IIe stated n�ost persons are paying $5.00 for additional cutlets and uhey have requeste3 au increase to $3.D0. � Mr. Jim Erickson, legal eonsel represenLiT�g Storer, stated tFiey have submitted documents to sustantiate this rate incre.ase. Ha stateo tYtere hasn't been a rate increase in Fridley �inoe 19'78 and the increase tri11 bring the basic service in line with other citzea �n the Swin Cxties area. He stated this inerease still doesn't bring the syste�n to a profzta6le situation. Mayor Nee stated he was interested in having this processed zhrough 1;he Cable Television Commission. Ms. Parbara Hughes, Chairman of the Cable Comr.nlssion, stated the Commissiar would meet on Thursday and would review this request an�l forward tT!eir recommendation to the Council. � l�i �r � +� � ._,s�� COUNCIL MEETING OF JUNE_� 1q84 Ms. Hughes stated they are aware that Bloomiegton and St. Louis Park independently contraeted for an evaluation of the rate requests and technical update, She felt it would be possible for Fridley's Cab2e Commission to review these results. Counczlman Schneider stated his concern was availability of service after narmal workin�; hours. Mr. Wegemer stated they are taking steps to remedy this situation. He stated the aeswerirg service trses to determine if there is an immediate � ener�eney ar� only an inee�nvenience aud acts accordingly. He stated, according to the franchise, their company must respond to these requests for service within 24 hours. P4r, kiegemer� stated they have started a rotation of work with their technicians to help alleviate these problems and are also considering going with an in-house answering service. No �ther persons in the audience spoke regarding this proposed rate inerease. MOTION by Councilman Schneider to refer this quesiton of the proposed rate inerease to the Cab1e Television Commission for their recommendation and to continue the publ�c hearing until a report is received from the Commission. Seconded by Councilman Sarnette. Upon a voice vote, all voting aye, Mayor Nee deelared the motion earried unanimously. OLD BUSINESS: G. CONSSDERATION OE' A SPECIAL USE PERMIT. SP �k84-07, FOR AN ADDITION AT 6875 UNIVGRSITY AVENUE. BY WOODCREST CHURCH (TABLED 6/4/84): Councilman Hamernik stated several meetings were held with the residents of the area and represEntatives of the ehureh attended by Mayor Nee, Councilman Barnette, and himself. He stated both sides made some concessions and he , felt they came to an agre�ment acceptable to all parties involved. Mr. Dave Radabough, Chairman of the Building Committee, submitted a drawin� showing the er.istin� chureh and the proposed addition of a multi-purpose building oii thP south side to :.upport the school and church programs. He stated the c,riginal building proposed was 136 x 81 feet and 30 feet from the property Zine with parking in front and a small apartment to house missxanar�es crhen they come to visit. He stated this proposed building received a lat of negative vibrations from the neighborhood. He stated their proposal now is to reduce the size of the building so it would be 128 x 72 feet and to double the distance from the property line from 30 to 60 feet. Fe stated they would be eliminatin�r the permanent stage and will use z portable type stage when needed. Mr. Radabough stated the parking lot was - 9- , COUNCIL MEETING OF JUNE 18� 1Q84 reduced 6y two stalls because the building �ras maved farther Pror� th� east groperty line. Mr. Radabough also presented a model of Lhe rAaw struature and staiec it was his understanding the residents find this proposal rnasonable. Mr. Dean Eberhard, 436 Rice Creek IIaulevard, stated wheri plans r�ere firsx presented the general opinion of the neighbors was they wert opposed zo � building the strueture and had several caneerns regardzng traffic, �a�ety factors, market value of their homes, and Lhe �esthetles of i.he ouild�n�, He stated the residents have met with the church represeritatives ai;d sotue of those coneerns still exist, however, he falt Lhe proposed alcErn�tive is acceptable with everyane. He staten there are some stipulatians they wpc�Ld like noted regarding the landscaping with 5 to 6 feet tall pine trees, an}� lighting installed in back be blocked out srom Lheir prcperty and no struetures be put in the back. He stated the ehiurch has agreed to puttirig shal¢es or shlitg]es an tha roof, rather than a metal roof and to work with residents c� haw the outsade vrould be finished. He stateci the church went to a lot of Frork ta nake these changes and he appreciated their efforts. Councilman Hamernik stated they spent a gooci amc�unt af �,ime aiscusstng the exterior finssh of the buildin�. Ae askecl if the ehureh was pregarer ta make a definate proposal on how it would be flnished. Mr. Radabough stated it would be finished sinilar to the other uuzlair,�. Iic stated they would share their plans with tYie Eberliard's as they proceed, and would do their best to work with them �n plans for the cuLside of the building. MOTION by Couneilman Hamernik to eoneur i.r�th tk,e recummenflation of iche � Planning Commissian and grant special usa permit, SP �k84-0'7 wath the following stipulations: (1) that the iocatior, of the additior, be as proposed which is 60 feet fros the lot l�n� to the southeast corner ox" the building: (2) any lighting that would be iaistalled aai thP back of the building whether it be emergency or other, �houid be of the r.ature that 3ti doesn't infri�ge on the neighbor's property laee; {3) LhaL the green arFa behind the building on the east side be ieaintaxnud as green area i7if.n appropriate landscaping; (4) that the roofi:�g be a sinilar type as c:� 4he present sanetuary; (5) that the church worl: witla the ad,7oining nei�hbora, primarily the Eberhard's, to eouie to an agreement on the type of w�11 f�r�i�h that would be appropriate and work with the sLaff in applying ioa° tYie building permit; and (6) that a landscap�ng plan 6e presented to sLafi at the time of applying for the building permit. Seconded by Cotinezimar! Barnette. � Councilman Barnette stated demoeracy is never a 1e,>sqn in Futilitg an�:l, through these meetin�s trith the residents and churel� representatives, �1aey came from the point of non-aceeptance tp where a pr�3posal was �riade that hus acceptable. He stated he felt Mr. Radabo��n sheuld get credit far really -10- �� �'�,� � � � i �_ r COUNCIL MEETING OF JUNE 18. 1984 pzrseverin6 antl keeping his cool and the Eberhard's were reasonable and understanding since they were n�ost direcL-ly affected. i1PON A VaICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion earried unanimously. NEW BUSINESS• 7. RECEIVING MINOTES OF PLANNING COMh1IS5I0N OF JUNE 6. 1984: 7A. SPECIAL USE PERMIT. SP �k84-10. TO ALLOW THE CONSTRUCTION OF A GARAL,E � IIS CRP-2 ZONING (FLOOR FRINGE) 650 ELY STREET BY MARY ERICKSON_ It was announced that it was necessary for the petitioner to leave the meeting and she requested this item be tabled until she could be present. Councilman Fitzpatrick questioned if this was going to be approved, if staff was aware af arry problems. Iar. Flora, Public Works Director, stated the petitianar was present at the Ylamm �g Commission meeting and accepted all the stipulations. She ha�1 statea she didn't feel the stipulation regarding the completion date oF September 1, 1984 was necessary as she was ready to begin as soon as the speoial use permit was approved. MOTIUN by Councilman Fitzpatrick to concur with the reeommendatlon of the Planning Commission and grant speeial use permit, SP ��8�1-70 with the folluwing stxpulations: (1) need to waterproof to required evaluation of 825.25 feet; this may consist of two additional courses of block or the use or water resistant koad; (2} structure should be securelp anchored with anchor bolts; (3) draveway to �arage be paved with concrete or asphalt material (�4) garage be eompleted by September 1, 1g84; and (5) petitioner will eliminate the continuang outdoor storage and curbside parking problems. Seconded by Councilman Y.amernik. Mr. Quresha, City Manager, st`ated this is property where there has been a � long historp of OUti�00t' storage of materials and items on the street right-of-wsy. He stated the City is seeking compliance with the ordinances and some of the violations are beir� pursued through the court system. Mr. �ureshi asked the City Attorney if this action would have a dampening effect o❑ the City's court actions. ri7r. Herr�ek, City Atcorney, stated thzs action to approve the special use permat shovldn�t have any afFect per se. He stated he didn't know whether the construction of the garage would have a physical impact on the eonflition or" the lot, but hopefully, the material presently outside would be placed inside this structure. He stated he didn't feel grantin� this special use perenit to allow construction of a gara�e would affect the court's determinatibn as to whether there was, at the time the action was started, a violation of the ordinances. [TPON A VaICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee _��_ � �DUNCIL MEETING OF JUNE 18, 1984 declared the motion carried unanimously. 7B. LpT SPLIT REOUEST L. S. d�84-D7. TO 3PLIT_LQT ��_�_i CITY j7IE41 AND ADD HALF TO LOT 4 AND HALF TO LOT �__AT 417 AIQD %J �'LA_ PL�10E N.E.. BRANDON CONSTRUCTION COMPANY: Mr. Flora, Publie Works Director, stated chis is a t°equest to split three existing lots into two new lots 6y splittin� the micidle lut and takid�g 2C feet to be added ta each of the ad�o�nir�g 2ots makir�g two 6Q soot � residential lots. Mr. Flora stated the Planning Commissiou recoramended approval of the 1at split with three stipulations regarding the park fee for �750; Lhe ixouses are to face 57th Place; and the lot splic ta be registered with the GauLty prior to issuance of a building permit. Mr. Flora stated the staff would add the add�tia�i�l stlpulation that wflaer� the lots are registered with the County, they he regastered as snclividual lots and two sites, instead of three sites. Mr. Jack Dunphy, representin� the builner, state� the petitioner is in agreement with the stipulationa. MOTION by Councilman Hamernik to concur with tl-ie recammendatior, of the Planning Commission and grant lot splii, LS 4pII4-07 with the xo3lcwing stipulations: (1} a signed park fee a�re�rnent for one Iot of �750; (2) the Y,ouses are to face 57th Place; and (3) the 1at split ta be registerec witln the County, prior to issuance of a building per�rii, and to be registerec as two sites instead of three. Seconded b3t CouncLlman Barnette. Upun a vtice vote, all votin� aye, P4ayor Nee declarea �he rnotian carrxed unanitt�ouslY• MOTION by Councilmar� Fitzpatrxek to receive tize minutas of che Plc�nnin�; Commission meeting of June 6, 19II4. Seconded by Counci7man Barnetl,�. [7pon a voice vote, all voting aye, Mayor i4ee declared the reoL-ion carraee � unanimously. 8. RECEIVING THE NIINUTES OF THE CAHLE TELEVISICIN MEETItdG OF MAY 1�. 1�384: MOTION by Councilman Schneider to rece�ve the minutes of the Cabl� Televisian Commission meeting of hlay R7, 1'y�84. Secorfded b_f Cauneilman Hamernik. Upon a voice vote, all voting aye, I�Sayor Dlee declared the m�L��n carried unanimously. 8.1 CONSIDERATIONN OF A VARIANCE ON TEST POIN'LS POF THE CABL� �YSTLC�L• MOTION by Councilman Fitzpatrick to concur rriLh tne recumtnerdat�on eP t�e Cable Television Commisison and grant tkie varaaz�ce petiti�n by SLorer Comparry for a variance of test points in thc- caL-le sgstem. Seeondec, by Councilman Hamernik. Upon a voice vote, czll z�oting aye, Ntayur Nee declare4 the motion carried unanimously. 9. RECEIVING BIDS AtdD AWARDING CONTRACT ^L� 1984 SEALCOtITING PP,OJLCT ST. 1984-10 BIDS OPENED JUNE 12. 198�4): _12_ � �..r 1JJ � `� � COUNCIL MEETING OF JUNE 18 198�! 10 Mr. Flora, Publac Works Diractar, stated three bids were received for the 198i4 sealeoating prc,7ect and the law hidder was Allied Blacktop. He stated this sealroating worlc was combined with a Calumbia Heights� pro�ect in order to receive more competitive bids, however, New Brighton didn't proceed this year due Eo the tarnada. Mr. Flora stated he would recommend the bid be awarded to Allied Blacktop in the amount of $59,SD2.35. Ni0TI0N byr Councilman Schneider to receive the bids for the 1984 �ealcoating pro�eot. CONTRACTOR Allied Blacktop Co. 10503-89th Avenue N. Maple Grove, f�! 55369 Hitunienus Roadways 2825 Cedar Averzue S. Minneapolis, NN 55�+07 Midwest tlsphalt P.O. Box 338 Aopka ns, NIN 553�3 . � :� � 5� 5% 5� AMOUNT $85.461.75 $95,913.29 �97,325.D0 Seconded �iy Cpuncilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the rnotxori carried unanimously, �{OTION by Counealman Barnette to award the bid to the Iow bidder, Allied Rlacictop, �n the amount of �59,802•35 for the 1g84 sealcoating pro�ect. �ecunded by Councilman Sehneider. Upon a voice vote, a11 voting aye, t4ayor Plee deelared the motion carried unanlmously, RECEIVING BIDS AND AWARDING CONTRACT FOR TRAFFIC CONTROL SYSTEM (OPSICOM) (EIDS �PENED JUNE 14. 7984): Mr. Bob Aldrich, Fire Chsef, stated at the time the original proposal was preparec3, 1t was thought 3-�1 was the only manufacturer of this traffic contr�l system. He stated, however, there is another company marketin� optical equipmenL, PDI, and they anei 3-M are currently in a lawsuit. Ae stated they didn't l�now hovr long this would be tied up in court and that the systams af PDI and 3-M wouldn't be interchangeable. Mr. ASdrieh stated State law provides this equipment could be purchased witliout going through the bidding process. He stated only one bid was received from 3-M in the amount of $27,941.25 and if the Couneil wishes to groceed, his reeommeradation would be tn award the bid to 3-M so installation can start on this system. Mr. Aldrich stated the f�ve intereseetions involved would be at University and Mlsszssappi, East Fiver Read and Mississippi, Highway 65 and Misissippi, -13- �� � � � COUNCIL MEETING OF JUNE 18. 1984 73rd Avenue and University, and 57th Avenue and Univarsity. Y,e stated these inersections rank high on the critical list as far as the Pclice Department and Fire Department are concerned. MOTION by Couneilman Schnezder to receive the bid for the traffic control system (Opticom). Seconded hy Councilman IIarr.�tie. Upon a vo�ce vcte, aIl voting aye, Mayor Nee declared the motion aarricd unaniruously. MOTIOh by Couneilman Schneider to award the eontract tc �-M for the traific control system (Opticom) based on the testimony Lhis is propr�eLory equipment. 5econded by Couneilman Hamern�k. [�pon a vaice vote, all voi.ieg aye, Mayor Nee declared the motion carried ur.aniu�ously, 11. RESOLUTION NO 71-1984 CALLING A PUBLIC f'EARTNG ON A PRDPOSk1L TO UNDERTAKE AND FINANCE AND INDUSTRIAL DEVELOPMENT PP�TrGT (PIORTI3 FREEkiAY INVGSTORSI^ Mr. Qureshi, City Manager, stated this i�� a request for issuanee of industrial development revenue bond3 i'or pro�erty lncated souih of' Interstate 694 and to the east of East River Raad, generally reFerrec to as the IIurlington Northern Industrial Park area. Mr, Qureshi stated the propasal is by Marftelc�, Tielgarde � YaPf'e Coceganies to build four buildings on this property anc� they 2re requestietb a public hearing for issuance of industrial development revenue bortds. kte stated they are aware of legislation pending before Congress vrhich may scrzcusly limit the use of these bonds by the City. Mr. Dave Sellergren, legal counsel for the company, intraduced the owirers and stated the request tonight is for the Ccuneil to sehedule a public hearing and indicated they are aware of the pending legislation beicre Congress. MOTION by Councilman Fitzpatriek to adopt ftesolution iJo. 71-19�� seL-tire� the public hearing on July 16, 198�+• Seconderi by� Cauneilman Schne�der. Upan a � voice vote, all voting aye, Mayor Nec ciec]ared the moticn earraed unanimously. 12. RESOLUTION N0. 72-1984 CALLING A PUIILIC HEARiNG �N A PRGPOSAL TO UNDGRTARE AND FINANCE AN INDUSTRIAL DEVELOPMENT PROJECT (RN�R ROAD INVESTORS): Mr. Sellergren, legal counsel for the company, stated the cwrkers are requesting a publze hearing for the issuance of ii�ciustrial deve3opmenx rever.ue bonds and involves the same property aizd the sam� owners as the North Freeway Investors pro,7ect. He stated they are requevtin� ttae �,wo issues because of the dollar limitations far industri�l develapment revetalie bonds. MOTION by Councilman Barnette to adopt Reso_ution iVo, 72-;9G4 sztf�.n� a public hearing on July 16, 1984. Seconded e; Counciluan Fitzpatrzck. [ipois a voice vote, all votin� aye, Mayor Nee declared the motic�n carr�efl unanimously. _�q_ r—i i j � ` rF�'f� � y Y � COUNCIL MEETING OF JUNE 18 1984 13. CONSIDERATION OF A RESOLUTION CONFIRMING ASSESSMENT FOR STREET IMPROyEMENT PROJECT ST. 148�-1 & 1983-2: P90TION 4q Councilman Schneider to table this resolution. Seconded by Counci3man Bar•nette. Upon a voice vote, all voting aye, Mayor Nee declarea the motion carricd una�imously. 1�. CONSTDERATION OF A RESOLUTION CONFIRMING ASSESSMENT FOR STREES IMPROVEMENT PROJECT ST. 19$3-4: MOTION by Councilman Schrieid�r ta table this resolution. Seconded by Counczlm�an Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motian carried unanimously. 15. CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT AtdD FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPRDVEMENT PROJECT ST. 1984-1 AND 2 (ADDEtdDUM �l?}: MOTIGN by Cauncilman Fitzpatrick to table this resolution to the next meet�.ng. Seeonded hy Couneilman Barnette. Upon a voice vote, all voting aye, fMayor IQee deelared the motion carried unanimously. 16. CONSIDERATION OF A RESOLUTION DRDERING IMPROVEMENT AND APPROVAL OF PLANS AND APPROVING CHANGE ORDER N0. 1 FOR STREET IMPROVEMENT PROJECT N0. ST. 198�1-1 AND 2 ( ADDEIdDi➢M ll3 ) : hfOTION hy Councalman IIarnette to table this resolution, Seconded by Coun�ilman Sehneider. Upon a voice vote, all voting aye, Mayor Nee declared the motian earried unammously. 17. APPOINTMENTS: CITY FP7PLOYEES: MOTI6Ai by Couneilman Schne�der to concur with the following appointments by the City Nlana�er: NAME Alana Herrmann 8417 Regent Ave. Brooklyn Park, MN �5443 POSITION Acet,/Data Input Clerk - Cer.tral Services Dept. -15- STARTING SALARY $7,020.38 pe r month STARTING DATE May 29, 1984 REPLACES Carol Williams Polition � ' !'-� � I� � � � m COUNCIL MEETING OF JUNE 18. 1984 David Fraser Poliee Officer $1,b�+'%,OU �5uly '�, 1931} Tlior•ne 6710 Duek Lk. Rd. Police Dept. per Iie.l�,esen's Eden Prairie, MN mcnth Pc�sitiun 553�+�+ Seconded by Councilman Barnette. IIpon a voicE vote, al7 voting aye, N3ayor Nee declared the motion carried unanimous�y. ESTIMATES: M6TION by Councilman Schneider to approve the estimates as submitted. Monette Construetion Company 2050 White Sear Avenue St. Paul, NR�I 551UQ Final Estimate No. 7 City Center Plaza Pro�ect �5,00r�.ac Seconded by Couneilman Sarnette. Upon a voioe vate, a12 voting aye, riayor Nee declared the motion carried unanimously. 1g. LICENSES: MOTION by Couneilman Fitzpatrick to approve the licenses as submittea an�1 as on file in the License Clerk�s Office. Seconded by Counc�lman Sanneider. Upon a voice vote, all voting aye, Mayor Ivee declared the mction car�°te� unanimously. 20. CLAIMS; MOTION by Councilman Barnette to authorize payment of Clasms i�o. 157J02 through 167516. Seconded by Councilman Schnel�er. Upon a voice vo�r, �Ii votin� aye, Mayor Nee declared the motion carried unaniruausly. ADJOURNMENT• MOTION by Councilman Barnette to ad�aur*_? the meoting. Seconded by Councilman Sehneider. Upon a voice vote, all voting aye, Nfayur Nee c�eclaree the motion carried unanimously and the Regv3ar Meeting of t.he Prtdle,� City Council of June 19, 1984 ad,7ourned at 10:LCY �.ru. Respeetfuily submitted, ` �` �� �, ,�� � ���`"'�" �-',�����1�� ,� L � Carole Haddad �rilllia� J. Secretary to the City Council Mayc:r Approved: July 2, 1984 -16- � �F�