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11/23/1987 - 00010990� �'����d:��. Tf� MIN[TPES OF TE� REGOLi�R MEETING OF TE� FRIDLEY CITY COUNCIL OF NOVEMBER 23, ]987 'ihe Regular Meeting of the Fridle� City Council was called to order at 7:32 p. m. lx Mayor Nee. PLEDGE OF ALLEGIFINCE: Mayor Nee led the Council and audience in the Pledae of Allegiance t� the F`1 ag. I�LL CALL• u u!: �: .: o. o� Mayor Nee, Coimcilwanan Jargenson, �imcilman Schneider, Cotmcilmari Fita�atrick and Co�mcilman Gooclspeed MEN�ERS P,BSFTIT: None PRESENrATION OF CERTIFICATE: GLEN DOUGIAS - ENERGY COMMISSION: Mayor Nee stated the City has a n�ber of citizen comnissicns and Feople � spend a gr�t deal of time working closely ort speci�l problems and acivising the Cbuncil on those questions. He state� thas evening the Council would like to aclmowledqe Glen Ibuglas' contribution as a member of the Energy Commission and present him with a Certificate of Flppreciation for his secvioe to the mmmtmity. � Mayor Nee read the Certificate of Appreciation and presentea it tc� Mr. Ibuglas. N13yor Nee and the Council members e�rtended their thanks to Prr. Ibuglas for his services on the Ener� Cnmmission. APPfL7VAL OF MINCTPES: �UNCIL MEETING. NWEMBER 9, 1987: NIOTION by Councilman Schneider to ap�rove the minutes as presented. Seoonded kx Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. ADOPTION OF AGEI�Y1 • [�DTION b� Coimcilman Fitzg�trick to adopt the agenda with the following addition: (23i Consideration of a Resolution Orclering Improvement and Advertisement for Bids for FLlrnishing and Installing a Cascac3e-type Aer�tion S�stem in the West Basin of Moore Lake. Semndec� l� Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISITORS: -1- ����� � �1 � •• I\ � i \. • 1.�II Uli. � There was no response frcm the audienoe imder this item of 6usiness. PUBLIC HEARING: 1. PUBLIC HEARING ON TIIE PROPQSAL FROM NORTEL CABLE ASSOCIATION FOR RENEWAL OF CABLE TEI�/ISI�N FRANCHISE (CONPIN[JED FROM 10/19/87) : Mayor Nee stated this public hearing was mntinued fran Octol�er 19, 1987 for further review and to attempt to resolve some outstending issues in the franchise. NHyor Nee declared the public hearing reopened at 7:39 g m. Mr. Bill Hunt, Assistant to the City Manager, stated the Negotiating Committee held a number of ineetings and last week the Cable Television Commission reoommended the City accept the terms of the proposal made by Nortel Cable. He stated staff was instructea to prep�re documents for extending the franchise for a 15 ya�r period. Mr. Htmt stated there seens to be a oertain measure of agreenent, but there are some issues such as the support of puY�lic access and level of service where there isn't full agreement between all parties. He stated representatives of Nortel Cable are present this eveninq and may wish to oomment. Mr. Hunt stated it was the reoommenc�tion of the (�ble Television Commission that, even though the franchi�e isn't everything thc� would like, essentially, the City would accept the response f or the req uest for � proposal. He stated this request for �oposal irtvolves a 15 year franchise, a$60,000 grant for public access in the first year and similar amounts in the fifth and tenth y�rs (with an adjustment for inflation), a minimum 440 NgIz systgn in the rebuild, oonstruction of an institutional network, and continiation of local origination. Coimcilman FitzFatrick asked if the aanecship was to change in the next 15 years, if the City would reregotiate oertain issues of the franchise. Mayor Nee stated it isn't clear if the City would have this right. He stated the Cotmcil d�es have the right to rEView the credibility of the new apglicant. He stated it was question3ble whether or not some of the basic iss�s could be reopened. Councilman Schneider stated there was discussion by the Negotiating Committee whether language to this effect should be contained in the ordinanoe. He stated the attorney reoummended it not be in the ordinance and what is apprwed tocey is Ixotably what the City will have for the next 15 years. Mr. Ron Abrahms, attorney for Nortel Cable, stated last weeh the Cable Television Commission took action to commence work on final�zing the franchise cb cwnent to present to the Council in December or January. H_e stated there are eic�t to ten mirnr regulatory issues that are outstanding 6eiween the City and Nortel. He stated he has been in aontact with Mr. Gary ' Matz, attorney for the Cable Television Cbmmission, and a meeting has beer. set for Deoember 4. -2- ����� • � .. .�_ � • . ��: • � Mayor Nee asked for a response regzrding the qtality of :zrvice issue which was raised at the October 19 meeting. Mr. Mark Hammerstrom, Nortel Cable, stated Nortel has added staff and additional �hore li�s to bettex servioe the xesidents. He stated there was an end to the problens experienced this s�nnmer in oonnection with the rebuild and the� are committed to �awiding cpod ser�ice to the citizens in FricU.e�. Cbtmcilman Schneider asked if the additioral Fhone lines were e£fective. Mr. Haunmerstran 5tated if there was an outage in the system, they wouldn't be able to hanc�e it fully. He stated under normal circumstances, they should be able to hancIl e the calls. Mr. Hammerstrom stated the� are working with Northwestern Bell and, with the exception of a few peak periods, persons are able to get through to Nortel. No other persons in the audienee spoke regardiny this prcposeci franchise renewal. [�DTION t� Colmcilman Sch[ieider to close the public hearing. Seconded by Cotmcilman Goodspeed. i1�n a voice vote, all voting aye, Nhyor Nee declared the motion carried unanimously and the public hearing closed at 7:55 p.m. � Q�tmcilman Schneider stated the action of the Cable Television Commission was certainly ta ken reluctantly. He stated it isn't what the� hoped, but is prokz�bly more than what Nortel wished to give, NDTION tr� CowZCilm3n Schneider to direct staff to begin preparation of the cbctunents for a 15 y�r franchise with Nortel per the a�re agreement which is the $60,000 for access in years one, five, and ten (with adjustment for inflation), a minimtmi 440 NffIz system, and includinq the other items. Semnc�d 1x Catmcilwanan Jorgenson. Upon � voice vote, all voting aye, N�yor Nee declared the motion carried unanimously. N�yor Nee stated he shares d�tmcilman Sci�neicler's view that the City hoped to cb hetter. OLD BUSINESS: 2. ORDINANCE N0. 897 RECODIFYING THE FRSDLEY CITY CODE BY ADOPTING A NEW CHAPTER 803 ENPPI'L,ID "ORDINANCE ENF'ORCEMENP". AbID REPEAI�ING OLD CHAPTER 811 ENPI7Z�ED "ORDII�.NCE VIOLATIONS BUREAU": [�DTION Y� Coimcilman Fitz�atrick to waive the second reading of C�rdinance No. 897 and acbFt it on the seo�nd reading and order publication. Seoonded b� O�imcilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. � 3, OI�II�INCE N0. 898 REOODIFYING THE FRIDLEY CITY CODE CHAPTER 30 ENTITLED CHARITABLE GA[�LING BY AMEPIDING 5EGTION 30.03. ADDING NEW SECPION 30.04 AND RENUMBERING CONSECUPIVELY: -3- ����� ' ��l MYY H I� � ul �1 � �i/�lul' � NDTION b� Co�mcilman Goodspeed to waive the seoond reading of Orchnance Nc. 898 and ad�pt it on the second reading and order publication. Seconded by Councilman Fitzp�trick. Upon a voice vote, all votinq aye, I�7ay�r Nee declared the motion carried unanimously. 4. ORDINANCE NO 899 APPEa7VING A VACATION SAV #87-09 TO VACATE THE 6 FOOT DRAIt�,GE EASII�7ENP ON TkIE I�RTH SIDE OF ILYP 3, BI�OCIC 2. I3FATf�R HILLS SECOND ADDITION, Tf� Si�ME BEIN� 679 1 KERRY LANE N.E., BY GRF7C'GORY MORTENSON: I�DTION kr� Co�mcilman Schryeider to waive the seo�nd reading of Ordinance No. 899 and adopt it on the seoond r�ading anc7 order publication. Secoraded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. CONSIDERATION OF APPOINTMENTS TO ENERGY AND ENVIRONMENTAL OUALITY FDTION b� Coimcilm3n Goodspeed to table this item. Seconded by Councilman Schneider. Upon a voic� vote, all voting aye, Nayor Nee declared the motion carried unanimously. NEW BUSINESS: 6. ' TYPES OF COMMERICALj IAIDUSR'RIAL) DISPRICPS: Mr. RoCertson, Comm�mity Develognent Directcr, stated several questions were raised rer�rding this proposed ordinance at the �blic hearinq. He stated the first q�stiom m�oerned the definition of a drive-in restaurant. He stated the definition is very restrictive and is meant to apply to the traditional drive-in where there are car hops and food is ser�ed and mnsuned Y� customers waiting in a�rked car. He stated this tyge of establishment would not be allowed in these industrial districts. Mr. Robert�on stated food establishments such as McDOnald's, Burger King, or Hardee's are rbt classified as a typical dri.ve-u7 and would be allawed �mder a Q ass I or Q ass II restaurant in an indu�trial district with a special use permit. He stated the reason for the sixcial use permit process would be to determine if ariy traffic or farking problens would be createci. Mr. Robertson stated the seoond queution rai:;ed was who would inform any potential aotmnercial. ter�nts of the industrial zone. He stated the Plamm�c� Co�nisson felt that the chvrets of the property should inform a tenant tc relieve the City of any e�ress liability. He stated this req m rement is written ittto the ordinance, and on an informal L�sis the staff would notify each busiress of the zoninq with their buildi.ng permit apglication, Mr. Rak�ertson stated the third question raised was the distirictien between ' the 20 peroent and 30 percent oommercial occupancy �tegories. He stated in the 20 peroent occuFancy, tYie ordinance e�licitly states that retail uses intended to be supplemental to the district are allowed with a blanket -4- �e� ;.b�:bai ' � 7i Y •� I� ul i1Y � • �Il/�lul• • •• � special use permit. He stated commercial. establishments, beyond thase supplenental to the district, would require individual review through a special use permit. He stated this type of busxness would potentially draw fran a wic�r market and produoe greater Farking and traffic burdens. He stated this type of use would be permitted up to 5,000 square feet for z business and up to 30 peroent accwnulative total oommercial occup�ncy. Cotmcilman Schneider stated he dich't tmderstand why there is a difference whetl�er a business serves the immediate area or a larger zrea and wkr� the 20 pereerit and 30 per�nt categories. Mr. Robertsan stated, for instance, if the 20 percent occupancy has been filled in an industrial oomplex and then another commercial esta6lishment requested they be allo�ved to locate in this compl�x, the 30 percent eccug�ncy pravision would allcw the Coimcil to mnsider this re�uest. Coimcilman FYtzFatrick stated it seems the �eople most affectec� by this proposed ordinance were in favor of it f rom oomments made at the public he�ring. Coimcilman Schneider stated he wasn't opposecl to commerical uses in an industrial area. He stated his probl�+ is considering the special use permit and if a business would or would not sexve as a suppl enental to the industrial distcict, � Mr. Billings, Chaixman of the Planning Commission, stated if a developer applies for a special use permit to set aside 20 percent of his industrial sFace for mmmerical use, staff makes a deterntination if the business would be appropriate as a supplenental use to the industrial district. He stated if someone wished to locate a mmmerical use that wasn't supplanental to the industrial district, this ra�uest would be sukmitted. tc the Caimcil. NDTION LX Co�mcilman Fitz�atrick to wa�.ve the first reac3ing and approve the ordir�noe upon first reading. Sewnded ty Councilman Goods�ed. Ugan a voice vote, all voting aye, Mayor Nee declared the motion carried �ammously. 7. ITEM FId�M Tf� PLAND1Ii� CON3MISSION MINUTES OF NOVEMBER 18, 1967: •• • • ••,g :� • • �. �� � � �. � . ., � • �M « «• v ��� •• � . :• �• � � `• • � � _ _ • ,i • u�• u • • • � � • . • : �� i: i � • • i � �c � M • M '_�.« u� «�� Mr. Robertson, Community IIevelopment Directar, stated the Planning Commission reviewed this request for a lot split and recommended approval , with the follaaing stipulations: (1) a Fark fee of $750 be p�id with the building permit and (2} petitioner provide as-built storm sewer legal descriptions and agrees to provide easement for �me. He stated it would be -5- ����;y� � y J�, i . . r � appropriate to grandfather a very snall varianoe for one-terath of a foot. Mr. Billings, Chairman of the Planning Commission, stated the Planning Commission �manimously reoo�nended approval of this request for a lot split. He stated there was an original plat of Lot 6 and the aaners of Lots 5 and 7 �ch purchased one-half of this lot. He stated one af the owners is now going to sell his ha1E of Lot 6 to the other in order to make it a buil d3ble lot. Mr. Qureshi, City P�nager, asked if Lot 6 was assessed f or water end sewer and if this assessnent was Faid. Mr. Rabertson stated he dich't believe it was assessed because the system was privately installed. Mayor Nee stated there was mention of a difference in one-ter.th of a foot and asked if a variance was reqt�ested on Lot 7. Nr. Imbertson stated there was an error in the surve� of orie-tenth of a foot and felt it would be in order, as a se�arate motion, for Council to grant this variance. P'Ir. F'lora, Public Works Director, stated if the lot split is appravEd, a new Lot 6 will be established and a lot line which will be 4.9 feet from the , adjoining property. Mr. Ra6ertron stated there was a surve� oompleted in December, 1962 at the time Lot 6 was originally split. He statec the west half was added to Lot 7 and the �st half was added to Lot 5. Mayor Nee stated he dic�'t have a problan with the lot split, but wanted tc make sure there woulch�'t be any title problens. Mr. Qureshi stated the new]y created lot is actually smaller than the original Lot 6 as a oertain portion wi11 be going to Lot 5. NIr. Mickley state� when he first apgroachecl the City with thie lot split ra�uest, the mnaern was the house on Lot 5 was tou clo:� and a resurve� was requested in order to rxcn�ide emugh properi:y to Lot 6 to make sure it meets setla�ck re3uiranents. Mr. NE�attan, City Attorney, stated Lot 6 was platted and in checking the plat map for 1970, the lot does exist. He stated as far as the legal description, Lot 7 has the west half of Lot 6 and Lot 5 has the �st half of Lot 6. He stated the petatiorier is seeking to move this property line by means of the lot split, He stated if the lot sglit is approved, the owner of Lot 5 would sell his portion of Lot 6 to the aaner of Lot 7 so it is all in aommon awnership, He stated the Cpiutcil may wish to clarify that these two Lots 6 and 7, have their individual pieces oombined into one tax parcei ' for each lot. MOTION by Councilman Fitz�atrick to concur with the rec�ommencl3tion of the Planning Commission and grant lot split, L. S. #87-09, with the follaaing stiFulations: (1) a�rk fee of $750 be Faid prior to a � `-��T'i.1��� • -�-- Y �� I�, _ulq7/ �. • � /lI ul: � L'uilding permit being issued for the new Iot; (2) petitioner tc provide asbuilt storm sewer legal descriptions and agrees to provide subsequent - easement for same; (3) the 6.89 feet split off from Lot 6 be combined with Lot 5 into one tax Farcel; (4) the renainder of Lot 6 be combined into one tax g3roel; and (5) if Lot 6 hasn't been assessed for water and sewer, the:� assessnents wi11 be Faid at the time of issuance of the buildirg permit. Semnded !x Cota�cilman Goocls�eed. iT�nn a voice vote, all voting aye, Mayor Nee c�clared the motion carried unanimouslp. B. OONSIDERATION OF REt/IEV7 OF A SPECIAL USE PERMIT. SP #B�#-15. 6319 HIGHWAY 65 N.E., BY SW'iT HOLMER: Mr. Robertson, Cbmmtmity Developnerit Director, stated the Coimcil apprwed a special use permit for The Lift which was to be rcviewed at this time. He stated three of the stipulations of the specill use permit have not been o�mpleted, which are as follaas: (1) prwide a screened dianxster with fenoe on all four sides; (2) mulc�h plantinq bed on the east side of the property; and (3) prwide a timetable pertaining to the provisions of the finalized site plan including �rking lot setbacks, concrete curbing and complete landscaping. Mr. Robertson stated the tgn�:roraxy trailer license grantec on Jime 4, 1984 was for a three year period and has e:zpired. He statea the aaner, Mr. F3olmer, was ra�uested to apply for �n extension by November 17 , 1987, but as of this date, no request has been received. Mr. Robertson stated if Cotmcil wishes to extend this tern�.nrary trailer permit, staff_ is recommending the remaining stipulations of the special use permit be ' mmpleted and a bc>nd of $10,000 be provided to insure these unprovenents. Mr. Rohertson stated Mr. Holmer aontacted staff and stated he would not be able to attend the meeting this eveninq. 9. Councilman Schneider stated he felt comfortable with staff's reoommendations, but felt �4r, Holmer should atterd the Council meeting to explain his norrcomplianoe with requests that have been made Ix staff. MDTION by Councilman Schneider to table this item to the next Council meeting and instruct staff to strongly encourage Mr. Holmer te attend. Semnded 1� Cb�mcilwanan Jorgenson. Upon a voice vote, all voting aye, M�yor Nee declared the motion carried unanimously. Mr. r'lora, Public Works Director, stated thls change order would delete the storm sewer iritenc�d to servioe the Rosewoo� developnent on Osborre Road and Main Street. He stated Rosewood has �layed cievelopnent plans and r�uested the City not install this storm sewer line until they ara pregared to prooeed with oonstruction, NDTION b� Coimcilman Fitzp�trick to authorize Chanqe Order No. 2, Stcrm Sewer and WateLmain Improvenent Project #169, with Glendale Contracting, , Inc. in an amoimt of $20,380 to be deducted fran this project. Seo�nc�d lx Coimcilman Schneider. [7pon a voice vote, alI wting aye, [+�yor Nee cleclared the motion carried unanimously. -7- ���.u�D'�S '� 44 •� �y � i � ��1/ y�. • ' 10. �NSIDERATION OF RECEIVING AAID APP%A7IN„ b'fPC RDOUEST FOR REROUTING A BUSLINE ON 3RD STREET: Mr. Flora, Public Works Director, stated tY:e City received a request from the Metropolitan Tran5it Commission to use 3rd StreEt. He statec"x the Coimcil has a letter in the agenda packet which was drafted by staff in response to this request. Mr. Flora stated this letter �upports the ooncept propo�:d l� [�II'C to use 3rd Street between Flst and 57th Avenues as a kus route for the morning southbound rush per�.cd between 6 a. m. and 8 a, m, weekdays with two qualifications: (1) a review of the street conaition durir�g the spring thaw to determine if the reroute can continue or what nunber of bus triFs can be :�fely aprxoved; anc7 (2) any struetural damage re�air mst to the street wi11 be paid by the MIrC as negotiated with the City. He stated this letter will be sent to the MTC, if the Council so authorizes. M?TION tr� (buncilman FitzFatrick to receive the letter of October 16, 1987 fran the Metropolitan Transit Commission regarding the rerouting of their �,�s on 3rd Street. Seoonded k� Councilmari Goodspeed. [Tpon a voice vote, all voting aye, Mayor Nee c�clared the motion carried unanimously. NDTION t�* �ta�cilman FYtz�atrick to authorize staff to submit thzs letter, as a La-asis of an agreement with the MPC, and if they agree to these qualifications, to grant permission for thgn to use 3rd Street. Seoonded 1� � Coimcilman Gooclspeed. Upon a voioe vote, �ll voting aye, I�yor Pdee declared the motion carried unanimouslp. 11. �NSIDERATION OF A RESOLUTION TO ADVERTISE FOR BIDS FOR A DOUBLE GUTTER BRQpM MECHANICAL STREEP SWEEPER: Mr. Qureshi, City Manager, ra�uested this it�n be tabled at this time. NDTION 1� Councilman Schneider to table this item, Seoonded Ix Cauncilwwnan Jorgenson. I7Fan a voice vote, all voting aye, t4iyor Nee declared the motion carried unanimously. 12. RESOL[TPION N0. 88-1987 ORDERING IMP%)�7EMENr AI�ID 1�DVERTISING F(7R BIDS Fl7R THE REPAIR ADID MAINPEI�INCE OF WELLS I�. 2 AAID 7: FDTION b� Cotmcilman Schneic�r to acbFt Re�olutian Ne. 88-1987. Se�nded b� Coimcilman Gooclspeed. Upon a voioe vote, all voting aye, [+�yor Nee d4clared the motion carried unanimously. 13. RESOL[TrION N0. 89-1987 APPROVING A REGISTERED LAND SURVEY FOR 4500 MAIN STREET N.E.. TQ SPLIT OFF TWO PARCELS. BOTH PART OF LOT 1. AUDIT6R'S SOBDIVISION ND. 79: Mr. Roberts�n, Commimity Developnent Director, statea th,is lot split dic7 not r�uire formal F;rooessinq as it is over fiva acres, but a registere8 land � sutve� was ra�uired because of a oomp].icatec lec}�1 c�scription for Torrens property. He stated the Council, therefore, is requestec� to adcpt this resolution apprwing the Registered Land SuivEy so it can be remrded at the � �J � ' ���:a��,� • . .. i,, � . .:z�� . Coimty. bDTION 1� Coimcilman Goodspeed to adoFt Resnlution No. 89-1987. 5emnded lx Cotmcilman Schneider. [Tp�n a voice vote, all voting aye, Mayor Nee declared the motion carried unanimausly. 14. CONSIDERATION OF A RESOLitPION AVPHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON• AUDITOR SUB NO 79 PT OF LOT 1(PIN NO. 27-30-24,44- 0 061 : Mr. Qureshi, City Manager, stated all the a:ses�nents have been Faid on these �roels so rn action is needed Y� Council. 15. RE9�LUTION NO 90-1987 AUI'HORiZING AAID DIRECTING THE SPLITTING OF SPECIAL ASSESSMENPS ON EAST RANCH ESPATES 2ND ADDITION PT OF LOT 4 BLOCK 1(PIN N0. 02-30-24-34-00071: [�DTIDN b� Cotmcilman G000�peed to acbpt Re:�olutiort No. 90-19£�7. Semnc7ed 1x Councilman Fitzpatrick. Upon a voice vote, �11 voting aye, Nfayor Nee declared the motion carried unanimously. 16. RESOLUPION NJ. 91-1987 A[TPfiORIZING �NSTRUCPION OF A SATELLITE FIRE STATION; REOUESTING TRANSFER OF PROPERTY FROM THE FRIDLEY HRA; AND RETAINING PRDFESSIOt�F1L SERVICES TO PREPARE PLANS AND SPECIFICATIONS FOR THE FIRE AT N: Mr. Qureshi, City P+�nager, stated the Co�cil receieeG a xe�art on the need of a satellite fire station to serve the south and west portions oi- the City. He stated this resolution authorizes the aa7uisition of property from the HRA for this purpose and the retention of professional �ervices for the design and develognerit of plans and specifications for this fire station. He stated the design would be such that it fits the character of the nei c�borhood. NDTION b� Co�mcilman Schneider to aci�Ft Resolution No. 91-1987. Seaonded t� Cotm cilwoman Jorgenson. Upon a voice vate, all voting aye, Nfayor Nee declared the motion carried unanimously. 17. OONSIDERATION OF A RECO[�4�7EAIII�,TION BY Tf� PIANNiNG COMMISSON RELATED TO THE IMPACT OF AN�KA COUPTPY' S EASP RIVER %Y1D A�UISITIONS: Mr. Robertson, Community Development Cirectcr, stated the Planning Commission reviewed staff's report regarding the im�ct of East River Road ric�t-of-way acquisitions. He stated the Commission wncucred that there were r�ec�Ztive im�cts which r�uired the Caimcil's immediate attention. Mr. Robertson stated there are five �operties scheduled for various levels of acquisition which are: 12 Talmad9e Way; 21 Talmadge Way; 20 Osborne PTay; 31 Osborne Way; and 45 - 75th Way. He stated the two properties on Talmaage Way and the one on 75th Way are pzoposed tc be purchased completely by the Cotmty, with only tl�e renoval of the house at 12 Talmac7ge Way. Ne ::tate-u� the properties at 20 and 31 Qsborne Roac7 are scheduled for partial ao:�uisition only. He stated the property at 20 Osborne Road is vacant, but -9- ' � 1 • � 4 �� 1�, ui�� . • .�ii �r -- , there is a home at 31 Os6orre Way. Mx. Robertson stated the Planning Commission rEViEwed the propo4ed plan and re�mmended the follaaing action: (1) the City Council should request of Anoka Cotmty the oomplete aa1uisition of all five properties; (2) Anoka CQimty should clear all four houses; (3) alI five lots should be designated as tmbuildable and uninhabitable; and (4) a mutually agreeable plan for di�position oi the lots sttould be devised and implanented. NDTION t� Cotmcilman FitzFatrick to ooncur with the recommendation of the Planning Commission and di.rect staff to contact the County to effect the Planning Comunission's remmmendation. Seconded by Councilman Schneider. Upon a voice vote, Coimcilman EYtzpstrick, Cotmcilman Schneider, Councilman Goodspeed and Mayor Nee voted in favor of the motion. Councilwoman Jorgenson abstained from voting on the motion. Nk�yor D7ee declared the motion carried 1� 4 votes with 1 abstention. Mr. Flora, Public Works Director, stated in his contact with the CoLmty rec�rding the imprcyvenent at Osborne and East River F.oads, the County wished to aoquire and rencive the hanes at 12 Talmadge Way, 21 Talmadge Way, and 45 - 75th Way. He stated the �operty at 20 Osborne way is vacant, however, only the rear yard would be affected at 31 6sborne Way and the County indicated if the City felt this had to be aa7uired and removed, it would require another F�Y^7 and oould delay oonstructian for another sea�n. Cbimcilman Fitz�atrick stated Cotmcil is re�mmending a n�nnber of items tc the County and if, in their reply, they wish to reiterate to the Council what has been related to staff, he felt it mul� 6e �nsiderec� at that time. F:r. Qureshi, City Mar�ger, stated this impravenent has been promised for a ❑unber of y�rs and it is disoouraging as it seems each year there is some reason wt� the impraienent cannot F:rooeed. 18. APPOIDTIT�NP: CITY EMPLOYEE: 19 I�DTION b� Coiu-icilman FitzFetrick to ooncur with the follaaing appointment k,y the City Manager: f7ANE STARTII� STARTING F�SITION SAL�IRY IIi1TE--- REPLA�S Sharon Fetting Staff $25,50D.00 Novenber 17, Sara Ruth 6250 Stinson Blvd. Aca��mtant per 1987 Fridle3, f�Y�I 55432 (Exempt) year 5eoonded L� Cauncilman Schneic7er. Upon a voice v�te, all voting aye, Nayor Nee declared the motion carried unanimously. OUNSIDERATION OF A PETITION FUR IMPAOVEN]ENPS ON RICE CREEK: Mr. E'lora, Public Works Director, stated the City supported the Rice Creek -10- ������ 0�.��1- � �. • � � •_•�._� � � • .��: • � Watershed District groimds proposal to implement a�sogr�n to fund self-help erosion and t�nk stabilization projects mmmencing in 1988. He statea, to d3te, the City has not been officially mtified the program w?11 6e fuaded or implanented tr� ths District ne� year. Mr. Flora stated the R(YTD Board of l�nagers have irrformed one resideat, Mr, Lhvid Harris, 470 Rioe Creek Boulevard, he is to obtain City (b�mcil support of an imprwenent project to renwe sedimentation along hiN property on Rice Creek. He stated the original plan was for the District to advertise the progr� and establish a period for cities to reoeive sulanissions, establish a priaiity, and transnit then to the District for mnsicleration and f�md�.ng. He stated Mr. Harris has requested the City aprxove hi� project and sutsnit it to the Rice Creek Water:dxed District for fimding. He stated unless the Coimcil has arty �articular plans, he woulc� suggest Ms. Harris' s request be foxwarc7ed to the Rioe Creek Watershed District for their wnsideration, without any mmment. Coimcilman Schneider stated he has no probl�n in forwarding this request, taut if the RQ4D isn't going to advertise the program, an article should proL�bly be in the City's newsletter advising residents that anyone with a problen should oontact the Rioe Creek Watersheci Distric�. Mr. E'lora stated, at this time, he cbesn't Imow what ftmds are available for these projects. He stated the Redevelopnent Plan is on hold and will be � reviewed b� the N3etrop�litan Cntmcil and other govecmnental agencies for approval. He stated he would be meeting with member� of the watershed District tanorrv,u and may learn more a�out the status of this plan. Councilman Fitzp�trick stated one of the problems is the matter of prioritizing projects if apFilications are received from �11 those persons living on the creek. He stated as for the s�.lt, this has been a problem on Locke Lake forever. Mr. Flora stateci Mr. Harris's petition is only a snall Fart of a much larger problen. He stated what Mr, Harris is proposing is tc have the material renc�ved and relocated to other areas. Mr. N�vman, City Attorney, stated one of the concerns of residents along the creek was the munber of pexmits needed in order fox them to txy and eliminate some of the erosion problens. He felt if it was made easier for then to take wrrective m�sures and methods were proposed for the re�idents to follaa, a lot of these prcjects would be done hy the residents thenselves. (bimcilwanan Sorgenson asked if the silt was removed from Mr. Harris's proFexty, if it would incxease the flaa anc� cause mare erosion. Mr. F7.ora stated it is hard to say, but the creek is mn�tantly moving and if dirt is renoved, another Fsth will be macle. He felt the RCWD has the ' moc3el of the eritire watershed and is able ta determine flaas. He felt they could advise on acceptable flows and deterniine problem areas where mrrective measures should be taken immediately. Mr. Flora stated the -11- � � ' ��;� ��,� ._ � •_• 1�. �� � . • ��: • current plan states that any new aonstruction or reconstruction has tc be designed 6ased on the original oondition of the land with no adverse im�acts to the water because of constxuction. NDTION L� Councilman Gooclspeed tc table this item for a report from staff after meeting with the Rice Creek Watershed District. Seconaed by Cotmcilman Schneider. Upon a voioe vote, �71 voting aye, N�yor Nee declarecl the motion carried unanimously. 20. CT,AIMS: FDTION I� Gouncilman F'itzFatrick to authorize Fayment of Claims No. 17358 through 17604. Seoonc3ed 1� Q�t�cilman Sdineider. Upon a voice vote, all voting aye, Mayor Nee c�elared the motion carriea unarumously. 21. LICENSES: NDTION L� (bimcilman Schneider to apprwe the liaenses as submitted and as on file in the Lieense derk's Offiae. Seoonded }x Coimcilman F'itzg�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. E_�TIMATES- [�DTION tX Caimcilman FitzFatrick to approve the estimates as �utanitted: Sunde Engineering, Inc, 9001 E. Bloomington FreEway Bloanington, NN 55420 Demolition s Site Gradi.ng Pro7ect #163 FINAL FSTINPITE . . . . . . . . . . . . . . . . . . . .$ 7,327.72 H & S As�alt, Inc. ]700 industry Blvd. l�noka, NN 55303 Street Imprwenerit Project No. ST. 1986 - 1& 2, Fhase 2 Sstimate No. 5 . . . . . . . . . . . . . . . . . . . .$ 13,399.00 Glendale Contracting, Inc. 3030 Har6or Lane Plymouth, i�Y9 55441 5tonn Sewer and Watermain Project #169 Estimate No. 2 . . . . . . . . . . . . . . . . . . . .$115,835.40 Seoanded by (buncilman Schneider. Upon a voice vote, all votir:g aye, Mayor Nee declared the motion carried unanimously. -12- �E:��.� �, � ; u �► w •� y, i � • � ���: . , ; � 23. RESOLUPION N0. 92-1987 ORDERING IMPRWEMENP ADID ADVERTISEMENT FOR BIDS FOR FURNISfiII� ADID INSTALLTNG A CASCADFrTYPE AERATION SYSTEM IN THE WEST BASIN �F MOORE LAKE: Mr. Flora, Public Works Director, stated the existing plans and specifications will be reaorked in an att�pt to obtain a more favorable bid for this improvenent. He stated the �ns��itant had an engineer assigned to this projeck, haaEVer, he has left the fixm and it toolc a while for a new person to be assicyied resulting in a delay to this proaect. NDTION t� Coimcilman Sc�hneider to acbpt Re:�lution No. 92-1987. SewndeG 1� Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor I�ee declared the motion carried unanimously. M�TION by Councilman Schneider to adjourn the meeting. Seconcied by CA uncilwanan Sorgenson. Upon a voice vote, a11 voting aye, Mayor ivee declared the motion carried unanimously and the kegular Meeting of the FYidley City Coimcil of PTovenber 23, 1987 Gdjourned at 9:40 p.m Respectfully sutmitted, , yt' �ti-, ,,�;�a�Ca,� r �, ,`, �G��'� �; Lt �' % ,� � Carole Hadchd Williaun J. Nee u/ Secretary to the City Coimcil N�yor Approved: ' -13-