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08/20/1984 - 00012178�µ J N u`� � �' � 2 THE MIffiUTES OF THE REGULAR COUNCIL MEETING OF THE FRIDLEY CITY COUNCIL OF AUGUST 20. 1984 The Regular Meeting of the Fridley City Council was called to order at 7:43 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the F1ag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT APPR6VAL OF MINUTES: Mayor Nee, Couneilman $arnette, Councilman Schneider Councilman Hamernik and Councilman Fitzpatrick None COUNCIL MEETING. AUGUSS 6 1984: MOTION by Councilman Barnette to approve the minutes as presented. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. ADOPTION OF AGENDA: MOTION by Councilman Barnette to approve the minutes as presented. Seconded by Couneilman Hamernik. Upon a voice vote, a11 voting aye, Mayor Nee deelared the motion carried unanimously. OPEN FORUM. VISSTORS: There was no response frorn the audienee under this item of business. OLD BUSINESS• SET PUBLIC HEARING FOR SEPTEMBER 10 1984 FOR FINAL PLAT. P. S. Ik84-0�. LOFT HOMES OF FRIDLEY (TABLED JUNE 18. 1984): MOTION by Councilman Fitzpatrick to set the public hearing on this plat for September 10, 1984. Seconded by Couneilman Barnette. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF LOT SPLIT RE9UEST. L. S. 4k84-08 TO ALLOW A NEW BUILDING SITE AT 1501 7� 1/2 AVENUE SY DON HANSCJN (TABLED AUGUST 6. 1984): Mr. Flora, Public Florks Director, stated this is a request to split off the southerly portion of the property which faces Onondaga Street to provide approximately a 10,000 square foot lot. Mr. Flora stated, because there are ad,7acent property owners which could also split off the lots, the Planrung Commission notified these owners to � � � � � � COUNCIL MEETING OF AUGUST 2D. 1984 determine if there was any interest in splitting their property. He stated it was found there was some interest so consideration should be given for extending 73 1/2 Avenue. Mr. Flora stated the Planning Commission, therefore, made a recommendation to approve the lot sp]it with the following stipulations: (1) provide a 27 foot street easement for possi6le future use; (2) asphalt curb work on 73 1/2 Avenue to be done by City's contraetor at owner's expense; (3) property owner to provide driveway to street,; (4) driveway to be removed at no cost to the City in the event the street goes through; (5) signed park fee agreement of $750; (6) split to be regis�ered at the County prior to issuance of a building permit, or before October 15, 1984; (7) front yard setback of 4A feet; (8) rear yar�a setbaek of 25 feet; and (9) payment of special assessments. Mr. Flora stated staff would add one additional stipulation to provide an escrow of $7,000 for future extension of the street. Mr. Herrick, City Attorney, stated he would not be in favor of providing an escrow. He stated the City would be holding funds with no certainty the project is going to proceed and felt it wasn't eonsistent with other street improvements that were assessed as they were construeted. Mr. Qureshi, City Manager, stated the street would be constructed so it would be possible to extend it to the west cf the 1ot in the future. Couneilman Schneider stated if the lot split is approved, any streeL assessments could possibly be paid at the time the split is recorded with tPie County. Mr. Qureshi, City Manager, felt there was a way �o resolve the issue, however, he wanted to make sure the improvements constructed to ser�ve this lot were paid. Mr. Hanson, the petitioner, stated he understood the road constructed woula be a temporary one which could be extended at some future date. Mr. Qureshi stated the street would be 20 feet with curbiag and sewer and water provided for this lot before the rcad is constructed. He stated he felt this would be a better approach rather� than only putting in a driveway whieh would eventually have to be removed to allow for future expansion of the street. He stated the road would be buzlt in a piecemeal fashlon because Mr. Hanson is ready now to proceed with his lot split whieh isn'L the case with the other property owners. He stated the City wouldn't maintain it because it would not be a fu11 width street at this time. Councilman Schneider stated the intent is to make sure that anyone buying this lot wi11 bear the expense of puttin� in a road. Mr. Herrick stated he felt this could be done by an agreement fzled when the lot split is recorded. Mayor Nee felt perhaps it could be handled by the peiitioner requesiing these improvements as a condition of the loL split. -2- ��� �? g� /�r 3• 4 COUNCIL MEETING OF AUGUST 20. 1984 Mr. Herriek stated an agreement could be drawn and recorded as part of the abstraet that payment of the assessments is binding on the petitioner or his successors, Mr. Flora stated zf a petition was going to be received for the street improvement, stipulations two, three, and four could be deleted. HSOTION by Councilman Schneider to grant lot split, L.S. �F84-OS with the following stipulations: (1) provide a 27 foot street easement for possible future use; (2) signed park fee agreement of $750; (3) split to be registered at the County prior ta issuanee of a building permit, or before October 15, 1984; (4) front yard setback of 44 feet; (5) rear yard setback of 25 feet; (6) petitioner agrees to provide a petition to the City for street and utility improvements and that all speeial assessments for these improvements will be btlled against the property. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF MOORE LAKE PROJECT EASEMENTS (TABLED AUGUST 6. 1984): Mr. F1ora, Public Works Director, stated in the development of the Moore Lake diversion, there was a requirement to place a storm sewer system across four properties. He stated the Finance Director has identified the cost of those easements based on the �udge's decision to award payment. He stated the Council has the amount of the awards to the four property owners before them and these costs are included in Pro,7ect No, 132. MOTIOId by Councilman Sehneider to authorize the City administration to make paynent for the easements , as outlined by the Finance Direetor, for Moore Lake Por,7ect No. 132• Seconded by Councilman Barnette. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: RECEIVING PETITION N0. 7-1984 REGARDING N4ISE IN RESERVE SUPPLY COMPANY AREA: MOTIOtd by Councilman Bar�ette to receive Petition No. 7-1984. Seconded by Couneilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Publie Edorks Director, stated a visat was made to Reserve Supply to lnvestigate the noise problem. He stated Reserve supply has gone to a thrid shift from 10:00 p.m. to 6:30 a.m. in order to load their delivery trucks for the next day. He stated Reserve Supply indicated they would talk to their drivers and fork lift operators to try and resolve this issue. Couneilman Fitzpatrick asked if the persons signing the petition were notified as to what has transpired. -3- � � � � I �y..l 5 � � COUNCIL MEETING OF AUGUST 20� 198A Mr. Flora stated a letter was reeeived taday from Reserve Supply and staff would notify them of what actions Reserve supply would be taking to try and reduce the noise level. Mayor Nee questioned if his night shift was necessary. Mr. Flora stated he was advised it is essential to meet their deliveries, as there was an inerease in business whieh required a third shift. Couneilman Fitzpatrick stated he talked to Steve Olson of the City staf'f and it seems they are doing more loading in the front. Mr. Flora stated it is hoped they can shift there operation so it isn't in the front, as well as to take other measures to minimaze the noise from the operation of the fork lifts. RECEIVING SIDS FOR MOORE LAKE RESTORATION PROJECT. YHASE II (BIDS OPGNED �GUST 14. 1984 11:OD A.M.): Mr. Flora stated bids were received and opened on August 14 for Phase 2I of the Moore Lake Restoration Pro,7eet. He stated only two bids were received and they were considerably higher than the engineer�s estimate for the project. Mr. Flora stated the Bnvironmental Protect,ion Agency requires three bids be received so it is requested these bids be received and re,7eeted so the proaect may be readvertised. MOTION by Councilman Schneider to receive the bids. BIDDERS NAME Lamatti and Sons Park Construction � :� � 5% 5� BID AMOUNT 453,o9D.00 453,981.00 Seconded by Councilman Barnette. Upon a voice v�te, a11 voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Sehneider to re,7ect the bids and direet staff to neet with the consultant to re-evaluate the pro�eet. Seconded by Couneilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanlmously. Mr. Dave Kuechenmeister of Clean F10 LaGoratories in Hopkins, Minnesota appeared before the Couneil to offer an alternative to the City's prc,7ect for the restoration of Moore Lake. He stated he felt their proposal should be considered because of the cost and demonstrated success they have had in other locations. Mr. Kueeheruaeister stated their program would cost about $78,D00 compared with $93,000 estimated by the engineer for the restoration of Moore Lake. Mr. Kuechenmeister stated some of the lakes they have restored are Laddie Lake in Spring Lake Park and Willow Lake in Vadnais Heights. -�- G�� �'1 -W p�' �,�"���'� COUNCIL MEETING OF AUGUST 2 198k � Mr. Kueehenmeister stated the method the City is proposing to use by dred�ing, weed harvesting, and alum treatment is marginal and a short term success. Mr. Qureshi, City Manager, asked if Mr. Kuechenmeister's company has worked with the Environmental Protection Ageney on any pro,7ects. Mr. Kuechenmeister stated, to date, they have not worked with this Agency. Mr. Kuechenmeister stated they have documentation on the success of pro�ects in the area and if the Council is interested, he could arrange to have these pro�ects viewed and provide references to eliminate any of their concerns. Couneilman Schneider stated the City is working with the Environmental Protection Ageney and the Department of Natural Resources and his coneern is if Mr. Kueehenmeister's proposal would meet the requirements of these ageneies. M.r, Kueehemeister stated there would be no problem in supporting their r�estoration techniques. Councilman Hamernik asked if any of their pro,7ects involved lakes ti�ith swimming beaches. Mr, Kuechenmeister stated they have restored Crystal Lake in Robbinsdale which did not have a beaeh because of tl-ie muck and the only fish surviving, due to lack oF oxygen, were bullheads and carp. He stated after their pro�eet, the ➢NR stocked thelake with fish and the muck has receded so there is a sand beach for swimming. Mr. Qureshi questioned why the DNR hadn't recommended their company since they have worked with them on the Crystal Lake pro,7eet. Mr. Kuechenmeister stated the only issue for whieh the DNR recommends them is to prevent winter ki1l of fish and they do not make recommendations for lake restoration per se. Mr. Kuechemeister stated their process is the use of diffusers on the bottom of the lake and compressors on the shore to provide oxygen. f3e stated tHe buoyancy of the bubbles provides the oxygen to the lake. Mr. Kuechenmeister, at the request of the Council, provided more detailed information to the staff for their review. RECEIVING FI�IAL ESTIMATES FOR RIVERVIEW_HEIGHTS PROPERTY ACOUISITION/RELOCATION: Mr. Flora, Publie Works Director, stated Council approval is needed for the relocation and rnoving expenses of the Belishle and Hoch properties the City is acquiring in Riverview Heights. A breakdown was submitted of these costs and the amaunt of I,AWCON and CDBG funds that would be used. MOTION by Councilman Fitzpatrick to coneur with the relocation and moving expenses of $93,072.84 for the two properties in Riverview Heights. -5- � � �� COUNCIL MEETING OF AUGUST 20 1984 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Nayor Nee declared the motion carried unanimously. 7, RESOLUTION N0._95-1984 TO ENTER INTO AN AGREEMENT WITH AIQOKA COUNT% FOR UPGRADE OF INTERSECTION. MAIN STREET C.S•A,H. Na. 2: Mr. Flora, Publie Works Director, stated this resolution provides for improvement of the intersection at 4kth and Main Street. He stated this pro�ect will be a,7oint venture with the County. � MOTION by Couneilman Fitzpatrick to adopt Resolutior,elo. 95-1984. Seconded 6y Councilman Sehneider. Upon a voiee vote, all voting aye, Mayor Nee declared the motion carried unanimously. S. RE$OLUTION N0. 96-1984 AUSHORIZING AND DIRECTING THE SPLITTING OF SFECIAL ASSESSMENTS DN PARCEL 850, AUDITOR'S SUBDIVISION N0. 77 (PIN IVO. 10 �0 2�+ 11 0001): MOTION by Couneilman Barnette to adopt Resolution No. 96-19g�+• Seconded by Councilman Schneider. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. 9. RESOLUTION N0. 97-198�4 AUTHORIZING THE ISSUANCE OF $�.200.OD0 PRINCIPAL AMOUNT INDUSTRIAL DEVELOPMENT AEVENUE BONDS (LONGVIEW FISAE COMPANY7: Mr. Qureshi, City Manager, stated the Couneil has approved the prelininary resolution for the issuance of these industrial revenue bonds. He stated the documents have been reviewed by the State ai�d approved and they are now ready to issue the bonds. He stated this resolution approves the final sale of the bonds in the amount of $3,200,000. A representative of 0'Connor and Hannan law firn� submitted replacements for Pages 4 and 5 of the resolution. These new sheets were inserted in the resolution under consideration. Mr. Herrick, City Attorney, stated he had reviewed the documents and also these new pages and has no problem with the � changes. MQTION by Couneilman Fitzpatrick to adopt Resolution No. 97-19f34. Seconded by Couneilman Schneider. Upon a voice vote, a11 uoting aye, Mayor Nee declared the motion carried unammously. 10. RECENING RESIGNATION AN➢ CONSIDERATION OF A NEW APPOINTMENT TO COMMUNITY DEVELOPMENT COMMISSION: MOTION by Councilman Barnette to receive the resignation of Caro1 Fassett from the Community Development Commisszon. Seconded by Couneilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Sarnette to table the appointment to the Community Development Commission. Seconded by Couneilman Sehneider. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unammous]y. � � ui!�n ��� COUNCIL MEETING OF AUGUST 20 1q84 11. APPOINTMENTS: CITY EMPLOYEES. MOTION by Councilman Schneider to concur with the following appointments by the City Manager: STARTING STARTING NAME POSITION SALARY DATE REPLACES Cynthia Hafner Office Assist. $1,D39.82 August 26, Vicki Johnson 3z7 12th Ave. NE Police Dept. per 198�F Mp1s. , I�AI 55413 month Miehelle Zwicky Office Assist. $7,146.40 Sept. 1, Miehelle Hill 1509 2nd St. NE Police Dept. per 1984 Mpls., MN 55413 month Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. "12. ESTIMATES: P90TION by Councilman Fitzpatrick to approve th estimates as submitted. Herrick & Newman, P.A. 6279 University Avenue NE Fridley, hIId 55432 Legal Services as C�ty Attorney for the month of July, 198�+ $ 2,678.75 IIighway Services P. 0. Box 65 Rogers, MN 5537� Joint Re-Sealing/Random Crack Sealing FINAL Estirnate H & S Asphalt 700 Tndustry Avenue NW Anoka, MN 55303 Street Improvement Pro�ect No. ST 1984-1&2 Partial Estimate No, 4 Hickok & Assoe. Inc. 545 Indian Mound Wayzata, Minnesota 55391 Moore Lake Restorataon Pro,7ect II Professional Services - July - ]984 Halvorson Construction Company 4229 - 165th Avenue -7- $ 21,285.28 � 21,6�+7.29 $ 4, 862.61 ��� � �1 �_ _l COUNCIL MEETING OF AUGUST 20. 1984 Wyoming, [�IIV 55092 Misc. Curb & Gutter & Sidewalk Estimate No. 4 � �+�796.55 5econded by Councilman Schneider. Upon a voice vote, all voting aye, N,ayor Nee declared the motion carried unanimously. 13� I.ICENSES• MOTION by Councilman Barnette to approve the licenses as submitted and as on � file in the License Clerk�s �ffice. Seconded by Councilman Hamernik, Upon a voice vote, all voting aye, Mayor Nee declareo the motian carried unanimously. 14. CLAIMS: MOTION by Couneilman Schneider to authorize payment of Claims No. 217F22 through 23�FD1. Seconded by Couneilman Flarnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: "��`�' MOTION by Councilman Schneider to ad,7ourn the meeting. Secondea by Councilman Barnette. Upon a voiee vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of August 20, 1984 ad�ourned at 8:40 p.m. Respectfully submitted, �L�� �-f-�.,��� � ����ti ��-�_ Carole Haddad William J. N Secretary to the City Couneil Mayor � Approved: September 10, 1954 � �