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09/16/1996 - 00002161� THE THE REGULAR MEETING OF THE C�]a The Regular Meeting of the Fridley City Council was called to order at 7:38 p.m. by Mayor Nee. PLEDGE OF ALLEGIPNCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, and Councilwoman Bolkcom MEMBERS ABSENT PROCLANI�iT I ON : Councilman Schneider CITIZENSHIP DAY: SEPTEMBER 17, 1996 CONSTITUTION WEEK, SEPTEMBER 17-23, 1996 Mr. Burns, City Manager read this proclamation September 17 as Citizenship Day and September 17-23 as Week. Mayor Nee issued the proclamation and invited � and institution to �oin in the commemoration. APPROVAL OF MINUTES: � COUNCIL MEETING, AUGUST 26, 1996 proclaiming Constitution every citizen MOTION by Councilwoman Jorgenson to approve the minutes as presented Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Burns, City Manager, explained that Council is in the process of discussing a �oint pro�ect with School District No. 14 for the Community Education Center, and there is work that needs to be completed this evening. He felt it may be in order to consider the agenda items, where the public is present for input, then recess to the conference session to work out the remaining issues with the School Board before considering the balance of the agenda. Mr. Surns also reported that Councilman Schneider would be in contact by telephone to participate in the discussion on the �oint pro�ect with School District No. 14. There was agreement by the City Council to first consider the public hearing and then the consent agenda items where persons were present for comments. 1 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 16, 1996 PAGE 2 PUBLIC HEARING: 31. PUBLIC HEARING ON OSBORNE ROAD IMPROVEMENT PROJECT N0. ST. 1994-5: MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at �:48 p.m. Mr. Flora, Public Works Director stated that the Anoka County Highway Department is proposing to upgrade Osborne Road from Old Central Avenue east to Stinson Boulevard. The improvements includes widening of the street, installation of concrete curb and gutter, installation of storm water improvements, a bikeway on the north side of the street, and a sidewalk on the south side of the street. The estimated cost of the pro�ect is $517,400, and the City's share is estimated at $104,000. Mr. F1ora stated that the City's policy is to assess for the concrete curb and gutter. This public hearing is to address the assessment at a rate not to exceed $11 per front foot. � Councilman Billings asked Mr. Flora to explain why the County is not paying for the curb and gutter since this is a County pro�ect. Mr. Flora stated that in accordance with the City's policy, all properties that have not paid for concrete curb and gutter would be assessed for that portion of the work during the street upgrade program. Councilman Billings stated that this assessment could be deferred if certain criteria is met regarding income and/or age. Mr. Pribyl, Finance Director, stated that if the criteria can be met based on income and/or age, the assessment can be deferred. The assessment could also be spread over a number of years, usually a ten-year period at a low interest rate. Another option would be to pay the entire assessment at one time. Mr. Knaak, City Attorney, stated the City can initiate improvements without a petition. Once the pro�ect costs are determined, these costs can be assessed based on the benePit to the ad�oining property owners. Mr Tony Wilson, 1436 Osborne Road, questioned why the residents did not have any input. He received a letter from the City about 1 this hearing and a letter from the County stating construction would begin September 16. All the residents want is a decent road, but it appears that all the City and County are concerned about is � � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 16, 1996 PAGE 3 commercial business. Every time a truck or bus goes by, his house shakes, and now they want to push the road closer to his home. Mr. Wilson stated that he spent $3,000 for a new driveway and will now lose part of it for the improvement. He does not want the sidewalk, as there is a bike path on the other side of the street. He felt the residents should have been given more notice, as hearings for the residents of Spring Lake Park were held last year. Councilman Billings suggested that Mr. Wilson contact the County Commissioner to find out why bids were being sent out when the City had not even seen the plans. He questioned why the County chose to invite the residents of Spring Lake Park to a hearing and not Fridley residents Councilwoman Bolkcom stated that the City was not informed of this process until it was well under way She also felt that Mr. Wilson should call his County Commissioner for an explanation. Mr. Wilson questioned why the property owners are being assessed for curb and gutter. Mr. Burns, City Manager, stated that the City's policy has been to assess property owners for curb and gutter, and this has been followed throughout the City Mr. Wilson stated that he has over 500 cars a day on his street. When it rains, the street becomes a lake. Councilwoman Jorgenson stated that the storm water improvements will help to alleviate the water problem She questioned if the County was acquiring right-of-way from the residents for this pro�ect. Mr. Flora stated that the County would be using available County right-of-way which is at least 33 feet from the existing roadway center line. Mr Wilson felt that the residents should be able to discuss this pro�ect before construction begins. Councilwoman Bolkcom stated that she would like the same opportunity as the residents of Spring Lake Park to discuss the pro�ect with the County. Ms. Laurie Hanlish, 1682 Osborne Road, stated that she is speaking for Duane Weisen who stands to lose part of his property. She did not see a need For a sidewalk with the bike path across the street. Mr. Flora stated that that bikeway/walkway is consistent with policy established a number of years ago. This would be extended into Ramsey County, but he did not know when it would occur. � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 16, 1996 PAGE 4 Ms. Hanlish asked if to set up a meeting. a discrepancy of two roadway. they should contact their County Commissioner She also pointed out that there appears to be feet as measured from the center line of the Mr. Ed Blaido, 1400 Osborne Road, stated that he measured from the center of the roadway to the yellow grade stake, and it was 35 feet. The center line of the road is being moved two feet closer to his home. Mr. F1ora stated that the County may have an offset stake two feet within their property. Mr. Blaido stated that a lot of trees on the boulevard will have to be removed. This would not be necessary if there was not a sidewalk. Councilwoman Jorgenson pointed out that the County has the right to do as they wish with their property. She felt there needed to be further discussion with the County on this pro�ect. Mr. Jim Kordiak, County Commissioner, stated that he was really here this evening on another item, but he wished to comment on this item. He stated that he is not familiar with this particular � pro�ect. He was surprised the residents have not had an opportunity to have some input into the pro�ect. He suggested a meeting with the residents and the County. Ms. Kersten, 7698 Arthur Street, stated that her home faces Arthur Street. She asked if she would be assessed. Councilman Billings stated that she would not Only those properties fronting on Osborne Road would be assessed. Mr. Bourke, 7645 Lakeside Road, questioned if he would be assessed He was advised that he would not. Councilwoman Jorgenson stated that she would try to set up a meeting with the County and Commissioner McCarron so they can answer some of these questions She felt the County would want to meet with them as soon as possible if they plan to complete the pro�ect during this construction season. Councilman Billings stated it is his understanding that a meeting will be held with the County. He suggested that concentration should be on the issue of the assessment which is the purpose of this public hearing. He felt that no action should be taken on a �oint powers agreement until the issues are resolved. � Ms Paulette LaVone, 1564 Osborne Road, stated that the sidewalk is a problem for most of the residents. They did not want people walking in front of their homes and driveways. She would also like � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 16, 1996 PAGE 5 the speed limit to be reduced, as the homes do shake when there are buses and trucks on the street. MOTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:43 p.m. OPEN FORUM, VISITORS: Mr. Jim Kordiak, County Commissioner, presented a proclamation from the County Board of Commissioners recognizing the City for their extraordinary efforts in waste abatement. He stated that the City has met or exceeded their goal for seven of the last eight years in the area of recycling and the handling of solid waste. APPROVAL �F PROPOSED CONSENT AGENDA: Since persons were present for Items 4, 6 and 7, the Council considered those three items before their recess. 4. SPECIAL USE PERMIT REQUEST, SP #96-15, by VETSMART, TO ALLOW A VETERINARY FACILITY IN CONJUNCTION WITH A PETsMART RETAIL STORE, GENERAI�LY LOCATED AT 5660 MAIN STREET N.E. (WARD 3): � Mr. Hickok, Planning Coordinator, stated that this is a request for a special use permit to allow veterinary services within the PETsMART retail store located at 5660 Main Street. The proposed veterinary area would occupy 5.9 percent of PETsMART's 24,960 square foot building Mr. Hickok stated that the Planning Commission, as well as staff, recommend approval with the following four stipulations: (1) all windows in the area of the building housing animals shall be double glazed with a fixed sash; (2j any ventilation systems shall be designed so that no odors or organlsms will spread between wards or to the outside air; (3) there shall be no outside pens or holding areas; and (4) the petitioner shall submit documentation verifying that all veterinarians are licensed as required by the state. Councilman Billings stated that this building is located on the parcel rezoned for the Home Depot site and, in con�unction with the rezoning, a traffic analysis was required. It is difficult to make a decision for increasing the traffic on the roadway without knowledge of the traffic analysis. Mr. Hickok stated that staff has received a draft document which required additional work. This document will be presented to � Council at the September 30 meeting. The consultant for Home Depot has done a gr2at deal of work in providing a solution, and he felt the Council would be pleased. The PETsMART facility was anticipated as part of the development of the Home Depot site, and � � � FRIDLEY CITY COUNCIL MEETING OF SEPTENIBER 16, 1996 PAGE 6 the veterinary clinic would probably create less traffic than expected. Councilman Billings stated that without the traffic analysis, he would have to vote for denial of this request. The request could be tabled if it would be within the sixty-day time period for action. Councilwoman Bolkcom stated that she is concerned about the traffic and would vote to deny since the traffic study is not yet available. Since PETsMP.RT will generate more traffic, she asked if the petitioner was willing to table this item. Ms. Dacy, Community Development Director, stated that staff has reviewed the draft of the traffic study It was not forwarded to Council, as there is additional information staff felt was pertinent before they could complete the review and present it to Council. There was enough control on the original rezoning to require completion of the and that Home Depot bear some of the costs of the improvements. Staff did not see the traffic impact for the veterinary clinic as being significant. Mr. Knaak, City Attorney, stated that Council has sixty days to take action. The process can be continued unilaterally, by providing a written statement that there are reasons for it to be continued. Councilman Billings stated that PETsMART purchased the property from Home Depot who has taken their time in providing the traffic report to staff. He is reluctant to vote in favor of increasing the traffic without finding out the details of the report. He asked the petitioners if they would be willing to wait until the next meeting before action is taken. A representative from PETsMP.RT stated that if Council has the traffic study by September 30, he would be willing to have this item tabled to that time, as it does not seem there is an option. MOTION by Councilwoman Bolkcom to table this item to the September 30, 1996 Council meeting Seconded by Councilwoman Jorgenson. Upon a voice cote, all voting aye, Mayor Nee declared the motion carried unanimously. Dr. Kathy Cleary, one of the veterinarians for VETSMART, stated that they do not plan to open until October. If action was taken on September 30 it would still meet their schedule. Mr. Knaak stated that there should be agreement on the part of the applicant to waive any ob�ection to the item being tabled and a follow up letter indicating that they agreed to table this item to September 30, 1996. � � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 16, 1996 PAGE 7 MOTION by Councilman Billings to request staff to notify the applicant, in writing, and in accordance with the sixty day statute, that the City Council is requesting additional time to act on this request because of the need to review the traffic study. The letter should also contain the fact that the petitioner has agreed to the item being tabled to the City Councll meeting on September 30, 1996. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. VARIANCE REQUEST, VAR #96-21, BY BETTY LOEWEN, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 20 FEET TO ALLOW THE RELOCATION OF A 22 FOOT BY 23 FOOT DETACHED GARAGE, GENERALLY LOCATED AT 276-78 58TH AVENUE N.E. (WARD 3): Mr Hickok, Planning Coordinator, stated that this is a request for a variance to allow a reduced setback from 35 feet to 20 feet to allow the placement of a two car garage at 276-78 58th Avenue N.E. The petitioner, Ms. Loewen, has requested the variance in order to preserve trees and to open lawn area on the east side of the home she intends to purchase. This property was recently the sub�ect of a lot split. As a condition of the 1ot split, the property owner was required to remove an existing garage from the newly created building site at the corner of Third Street and 57th Avenue. Mr. Hickok Staff also new garage a way that property. stated that the Appeals Commission recommended approval. recommended approval with the stipulation that either a shall be constructed or the existing garage modified in will a11ow it to be attached to the structure on this MOTION by Councilwoman Bolkcom to grant Variance Request, VAR #96-21, with the stipulation that either a new garage shall be constructed or the existing garage modified in a way that will allow it to be attached to the structure on this property. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously 7. APPROVE INSTALLATION OF PERSONAL COMMUNICATION SERVICES SY SBA, REPRESENTING SPRINT SPECTRUM: Mr. Hickok, Planning Coordinator, stated that this is a request by SBA, representing Sprint Spectrum, to install eight, ten-foot high personal communication services antennae and equipment at 7504 Alden Way. The antennae is considered to be an accessory use in a public district. As part of this installation, there will be a 25 foot by 30 foot enclosure constructed at the base of the tower that will house transformer equipment for control of the antennae. The visual impact will be minimal and would not have a negative impact on ad�acent properties. � � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 16, 1996 PAGE 8 Councilwoman Bolkcom asked if anyone in the neiqhborhood was notified of this request. Mr. Hickok stated that this is for an accessory use which does not require notification. Councilwoman Bolkcom felt the residents should be notified that this would be going into their neighborhood. MOTION by Councilman Billings to table this item, direct that staff and petitioner conduct a neighborhood meeting with residents within 350 feet regarding the potential use, and advise them of this request. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECESS: MOTIGN by Councilman Billings to call a recess for the purpose of meeting wrth the School Board. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the recess began at 9:18 p m. RECONVENED: Mayor Nee reconvened the meeting at 11:55 p.m. All Council members, with the exception of Councilman Schneider, were present. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1 2 RECEIVE THE STATEMENT OF CANVASS FOR THE SEPTEMBER 10, 1996 PRIMARY ELECTION: Mr. Burns, City Manager, stated that 3,093 votes were cast in the September 10, 1996 primary election, which represented 18.6 percent of the registered voters. The number of votes cast were as follows: Craig Gordon, 869; Nancy Jorgenson, 1,381; Richard Lewis, 174, Richard Wolfe, 410, over votes, 0; and under votes, 259. RECEIVED THE STATEMENT OF CANVASS FOR THE SEPTEMBER 10, 1996 PRIMARY ELECTION. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 21, 1996; RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 21, 1996. � � £RIDLEY CITY COUNCIL MEETING OF SEPTENIBER 16. 1996 PAGE 9 3. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 4, 1996: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 4, 1996. 4. COUNCIL TOOK ACTION ON THIS ITEM EARI,IER IN THE MEETING. 5. ESTABLISH A PUBLIC HEARING FOR SEPTEMBER 30, 1996, FOR A VACATE TWO S FOOT DRAINAGE AND UTILITY EASEMENTS DEDICATED IN THE PLAT OF SANDHURST ADDITION, GENERALLY LOCATED AT 106 HAFtTMAN CIRCLE N.E. (WARD 3): Mr. Burns, City Manager, stated that this vacation request corrects a situation where a dwelling was constructed over the utility easements. Staff is recommending the vacation be restricted to the easterly 93.11 feet of the easements with the stipulation that the petitioner grant the City a ten foot drainage and utility easement along the north lot line of the property. SET THE PUBLIC HEARING DATE FOR THIS VACATION REQUEST, SAV #96-03, FOR SEPTEMBER 30, 1996, 6. COUNCIL TOOK ACTION ON THIS ITEM EARLIER IN THE MEETING. 7. COUNCIL TOOK ACTION ON THIS ITEM EARLIER IN THE MEETING, 8. APPROVE A ONE-YEAR EXTENSION FOR SPECIAL USE PERMIT, SP #94-10, BY DAVID YOUNKIN, TO ALLOW A SECONDARY ACCESSORY STRUCTURE, GENERALLY LOCATED AT 5401 MATTERHORN DRIVE N.E. ( WARD 2 ) : Mr. Burns, City Manager, stated that this special use permit was for construction of a second accessory structure and will expire on September 11, 1996. A one-year extension has been requested and staff recommends approval. APPROVED A ONE-YEAR EXTENSION FOR SPECIAL USE PERMIT, SP #94-10. 9. APPROVE COMPREHENSIVE SIGN PLAN FOR NORTH PARK BUSINESS CENTER, BY JOHN ALLEN OF INDUSTRIAL EQUITIES, 350 73RD AVENUE . C: . l Wl-'�k{.11 1 I: Mr Burns, City Manager, stated that approval of a comprehensive sign plan is required when a multiple use � building has three or more tenants. In this case, there are four tenants each with separate attached signs on the building. Mr. Burns outlined the standards to which the signs FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 16, 1996 PAGE 10 � must conform. He informed Council that this plan has been reviewed by staff and recommended for approval. APPROVED COMPREHENSIVE SIGN PLAN FOR NORTH PAF2K BUSINESS CENTER, 350 73RD AVENUE N.E. 10. ADOPT COMPREHENSIVE 5TREET PLAN FOR THE CITY OF FRIDLEY: Mr. Burns, City Manager, stated that this plan was drafted in response to Council's request for a multi-year street reconstruction plan. The plan outlines reconstruction and maintenance policies of the City and also identifies the street, alley, and sidewalk inventory of the City He outlined some examples of the policies for street recon- struction for non-permanent streets, permanent streets, overlays, and alleys. Mr. Burns said that the policy also deals with concrete street repair policies, curbing, maintenance procedures, sealcoating, slurry sealing, sidewalks, and bikeways. ADOPTED COMPREHENSIVE STREET PLAN FOR THE CITY. 11. RESOLUTION N0. 63-1996 REVOKING AND ESTABLISHING MUNICIPAL STATE AID STREETS: � Mr. Burns, City Manager, stated that it is proposed to revoke MSA designation for portions of 79th Way, Riverview Terrace and Kimball Street. He stated that the substitutions are those streets in an industrial loop system at the East River Road Business Center and include Industrial Boulevard and the East River Road Service Road between 51st Way and 53rd Way. ADOPTED RESOLUTION NO. 63-1996. 12. APPROVE CHANGE ORDER N0. 1 TO THE 1996 STREET IMPROV�MENT PROJECT N0. ST. 1996-1 & 2: Mr. Burns, City Manager, stated that this change order covers the relocation of two hydrants on Alden Way, as we11 as the relocation of two catch basins. It also includes provision for a 15 inch storm drainage pipe rather than a 12 inch pipe. The change order is for $7,510 with Thomas & Sons Construction, Inc. APPROVED CHANGE ORDER NO 1 TO THE 1996 STREET IMPROVEMENT PROJECT NO. ST. 1996-1 & 2 WITH THOMAS & SONS CONSTRUCTION, INC. IN THE AMOUNT OF $7,510.00. � � FRIDLEY CITY COUNCIL MEETING OF SEPTENIBER 16, 1996 PAGE 11 13. RESOLUTION N0. 64-1996 AUTHORIZING SIGNING AN AGREEMENT FOR CERTAIN EMPLOYEES REPRESENTED BY INTERNATIONAL UNION OF � , 14 ENGINEERS 4y, xrL-�lu �ru�Ll� wuxx5 Mr. Burns, City Manager, stated that this agreement provides for a thirty cent increase in hourly wages. The agreement formally changes normal working hours to agree with present practice from 7:00 a.m, to 3:30 p.m. Staff recommends approval of the agreement. ADOPTED RESOLUTION NO. 64-1996. Mr. Burns, City Manager, stated that Items 14 through 26 are resolutions directing the preparation of assessment rolls and establishing public hearings of these rolls for various improvement pro�ects, nuisance abatement, and service connections RESULUTION NO. 65-1996 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR EAST RIVER ROAD IMPROVEMENT PROJECT NO ST. 1994-03: RESOLUTION N0. 66-1996 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR EAST RIVER ROAD IMPROVEMENT PROJECT N0. ST. 1994-03: ADOPTED RESOLUTIONS NO 65-1996 AND 66-1996. 15. RESOLUTION N0. 67-1996 DIRECTING PREPARI�TION OF ASSESSMENT ROLL FOR MAIN STREET IMPROVEMENT PROJECT NO. ST. 1994-08 (COMMERCIAL); AND RESOLUTION N0. 68-1996 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR MAIN STREET IMPROVEMENT PROJECT N0. ST. 1994-08 (COMMERCIAL): 16 17 ADOPTED RESOLUTIONS NO. 67-1996 AND 68-1996. RESOLUTION N0. 69-1996 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR MAIN STREET IMPROVEMENT PROJECT N0. ST. 1994-08 (RESIDENTIALI: RESOLUTION N0. 7D-1996 DIRECTING PUSLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR MAIN STREET IMPROVEMENT PROJECT N0. ST. 1994-08 (RESIDENTIAL): ADOPTED RESOLUTIONS NO. 69-1996 AND 70-1996 RESOLUTION N0. 71-1996 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT N0. 5T. 1996-04: AND � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 16, 1996 PAGE 12 RESOLUTION N0. 72-1996 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT RQLL FOR STREET IMPROVEMENT PROJECT NO. ADOPTED RESOLUTIONS NO. 71-1996 AND 72-1996. 18. RESOLUTION N0. 73-1996 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR 1995 STREET IMPROVEMENT PROJECT N0. ST. 1995 - 1& 2: RESOLUTION N0. 74-1996 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR 1995 STREET IMPROVEMENT PROJECT N0. ST. 1995 - 1& 2: ADOPTED RESOLUTIONS NO. 73-1996 AND 74-1996. 19. RESOLUTION N0. 75-1996 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT N0. ST 1989-05: AND RESOLUTION N0. 76-1996 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT NO. ST. 1989-05: ADOPTED RE50LUTIONS NO. 75-1996 AND 76-1996. � 20. RESOLUTION N0. 77-1996 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR LOCKE LAKE DAM RECONSTRUCTION PROJECT N0. 211• AND RESOLUTION N0. 78-1996 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR LOCKE LAKE DAM RECONSTRUCTION PROJECT N0. 211: ADOPTED RESOLUTIONS NO. 77-1996 AND 78-1996. 21. RESOLUTION DIRECTING PREPARATION OF ASSESSMENT ROLL FOR LOCKE LAKE DAM EXCAVATION PROJECT N0. 255: RESOLUTION DIRECTING PUSLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR LOCKE LAKE DAM EXCAVATION PROJECT N0. 255. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 22. RE50LUTION NO. 79-1996 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STONYBROOK CREEK BANK STABILIZATION PROJECT NO. 246: AND RESOLUTION N0. 80-1996 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR STONYBROOK CREEK STABILIZATION PROSECT N0. 246: � ADOPTED RESOLUTIONS NO. 79-1996 AND 80-1996. 1 , � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 16, 1996 PAGE 13 23. RESOLUTION N0. 81-1996 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR 1996 TREES: RESOLUTION N0. 82-1996 DIRECTING PUBLICATION OF HEARING PROPOSED ASSESSMENT ROLL FOR 1996 TREES: ADOPTED RESOLUTIONS NO. B1-1996 AND 82-1996. 24. RESOLUTION N0. 83-1996 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR 1996 NUISANCE ABATEMENT: AND RESOLUTION N0. 84-1996 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR 1996 NUISANCE ABATEMENT: 25 26 27. ADOPTED RESOLUTIONS NO. 83-1996 AND 84-1996. RESOLUTION N0. 85-1996 DIRECTING PREPARI�TION OF ASSESSMENT ROLL FOR 1996 SERVICE CONNECTIONS: AND RESOLUTION NO. 86-1996 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR 1996 SERVICE CONNECTIONS: ADOPTED RESOLUTIONS NO. 85-1996 AND 86-1996. RESOLUTION N0. 87-1996 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR 64TH AV�NUE STORM WATER IMPROVEMENT PROJECT N0. 260• AND RESOLUTION N0. 88-1996 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR 64TH AVENUE STORM WATER IMPROVEMENT PROJECT N0. 260: ADOPTED RESOLUTIONS NO. 87-1996 AND 88-1996. APPOINTMENTS: CITY EMPLOYEES: Mr. Burns, City Manager, stated that he wished to recommend the appointment of two persons as Crty employees. Gary Bulman will be employed as a Public Services Worker in the Street Department and Jason Cardinal will be employed as a Police Officer. Mr Burns stated that Mr. Bulman is a Waukan High School graduate and has been employed as a driver/dispatcher for David Kurk, Inc. of Eitzen, Minnesota for the last fifteen years. Mr. Burns stated that Jason Cardinal is a graduate of North Branch High School and has an AA degree in Law Enforcement from Lakewood Community College. His past experience includes work as a Community Service Officer for White Bear Lake, as a part-time dispatcher for Chisago County Sheriff's Office, and FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 16, 1996 PAGE 14 � as an armed security specialist with American Security Corporation. CONCURRED WITH THE FOLLOWING APPOINTMENTS BY THE CITY MANAGER: 1� .FTiF Gary Bulman Position Public Services Worker, Streets Non-exempt Jason Patrol Officer Cardinal Partial-exempt 28. CLAIMS: Starting Starting Salary Date $11.21 Sept. 17, per hour 1996 1995 Union Contract $12.99 Sept 17, per hour 1996 1995 Union Contract Replaces Joseph Ferrato, Jr Gerald Newberger PAYMENT OF CLAIM NOS 69818 THROUGH 70105. 29. LICENSES. � APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK`S OFFICE. 30. ESTIMATES: APPROVED THE ESTIMATES, AS FOLLOWS: Richmar Construction, Inc. 7776 Alden Way N.E. Fridley, MN 55432 53rd Avenue Sooster Station Pro�ect No. 280 FINAL ESTIMATE . . . . . . Richmar Construction, Inc. 7776 Alden Way N.E. Fridley, MN 55432 Water Treatment Plant Pro�ect No. 293 Estimate No. 1 . . . ' $ 10,765.75 $121,866.00 � ' � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 16, 1996 Landmark Concrete, Inc. 17630 Highway 65 Ham Lake, MN 55304 1996 Removal & Replacement of Miscellaneous Concrete Curb and Gutter and Sidewalk Pro�ect No. 294 Estimate No. 3 . . . . . . . . . . . . . . $ 5, 420. 47 Thomas & Sons Construction, Inc 13925 Northdale Boulevard Rogers, MN 55374 1996 Street Improvement Pro�ect No. ST. 1996 - 1& 2 Estimate No. 1 . . . . . . . W.B. Miller, Inc 6701 Norris Lake Road N.W Elk River, MN 55330 . . . . $ 27,405.60 Street Improvement Pro�ect No. ST. 96-4 (Mississippi Street/Third Street Intersection) Estimate No. 1 . . . . . . . . . . . . . . . $ 76, 449. 16 Frederic W. Knaak, Esq Holstad and Larson, P.L.0 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of August, 1996. .. Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as Crty Prosecuting Attorney for the Month of June, 1996 .. $ 5,152.00 $ 15,031.92 No persons in the audience spoke regarding the consent agenda items. Councilman Billings stated he would lik.e to remove Item 21 from the consent agenda. MOTION by Councilman Billings to approve the consent agenda items excluding Items 4, 6, and 7, which were previously considered, and Item 21. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 16, 1996 PAGE 16 ADOPTION OE AGENDA: MOTION by Councilman Billings to adopt the agenda with the deletion of Item 32, the addition of Item 21 from the consent agenda, and the addition of an item to consider adoption of an agreement with School District No. 14. Seconded by Councilwoman Bolkcom. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: 21. RESOLUTION DIRECTING PREPAR.�TION OF ASSESSMENT ROLL FOR LOCKE TAKE DAM EXCAVATION PROJECT NO. 255. RESOLUTION DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR LOCKE LAKE DAM EXCAVATION PROJECT N0. 255: Councilman Billings stated that he understands there wi11 be a neighborhood meeting regarding this proposed assessment. He asked if the plans have been received from the Rice Creek Watershed District's consultant. Mr. Flora, Public Works Director, stated that a preliminary hearing was held in February at which time a$54,000 cost to the City was � identified for the Locke lake negotiated settlement with Ramsey County. The City, at this time, does not have the plans from the Rice Creek Watershed District. Councilman Billings stated that he is not comfortable with establishing the hearing without the plans and specifications Mr. Pribyl, Finance Director, stated that staff tried to group as many pro�ects as possible because the City will probably be selling a bond. If Council wishes to delay this hearing, the pro�ect can always be assessed at a later date. MOTION by Councilman Billings to table this item until such time that staff has an opportunity to conduct a neighborhood meeting with residents that are involved in this assessment. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman Billings, Councilwoman Jorgenson and Mayor Nee voted in favor of the motion. Councilwoman Bolkcom abstained from voting on the motion. Mayor Nee declared the motion carried. CONSIDERATION OF AN AGREEMENT WITH SCHOOL DISTRICT N0. 14: Councilman Billings stated that Council recessed for approximately three hours to meet with several members of the School Board of � School District No. 14 to review the final details of an agreement we have been working on for the last several months. This agreement involves the remodeling and an addition to the existing Community Education Center or former Parkview Elementary School. Council was � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 16, 1996 PAGE 17 working from a draft agreement presented this evening by the School District, and he believed a consensus has been reached. Councilman Billings stated that the agreement provides for approximately a 6,000 square foot addition to the building and remodeling of space to be used for recreational purposes. The space will be used by all the citizens of Fridley, regardless of the school district in which they reside, and will not be �ust a youth drop-in center or a senior center. Approximately 95 percent of the City`s recreational programs that take place are in School District No. 14 facilities. Councilman Billings stated that the term of the agreement is for thirty years. He felt that all parties have worked very hard to reach this point. When there are State statutes dealing with school districts and their duties and obligations and statutes dealing with the City on their duties and responsibilities, ways have to be found for both bodies to meet these responsibilities He felt that this is what the agreement accomplishes. MOTION by Councilman Billings to adopt the agreement between School District No. 14 and the City dated September 16, 1996 and delivered to the City today by the School District, with those changes and modifications that were worked out during the recess. Further, the � City Attorney is directed to assemble the specific language agreed to and submit it to the City Manager and School District No. 14 in adequate time for everyone to review prior to the School District's board meeting on September 17, 1996. Seconaed by Councilwoman Jorgenson. Councilwoman Jorgenson stated that even though Councilman Schneider was unable to be at the meeting, he participated in the discussion through a telephone call. Mayor Nee stated that he was impressed with the quality of staff's work and the willingness of the School Board to accommodate some of the City's needs. Councilwoman Bolkcom stated that it was a long, hard discussion, but she was happy with the agreement. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Mr. Greg Rosholt, member of the Fridley School Board, stated that the agreement took a lot of work, but he felt the benefactors will be the residents of the School District and the City of Fridley. He stated that, despite any ob�ections, the residents will end up � wrth a good agreement. He appreciated the affirmative vote of the City Council. The School Board will be voting tomorrow evening to concur. � � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 16, 1996 PAGE 18 Councilwoman Jorgenson felt that there should probably be an executive summary available if residents wish to review the agreement. She suggested possibly having it on file at the library. Councilwoman Bolkcom suggested that the plans be on display at the Municipal Center for residents who are interested. Councilman Jorgenson stated that plans can also be reviewed at the Community Education Center. Mayor Nee stated that Council members and others deserve thanks for spending so much time working out this agreement. 33. INFORN�iL STATUS REPORTS: Councilman Bolkcom reminded everyone that Saturday, September 21 is Fall Recycling Day at the Community Park from 9:00 a.m. to 3:00 p.m. This is a scaled down version of the clean-up day last year. Household items will be accepted and, for a fee, appliances and tires, as well as scrap metal. No concrete construction items will be accepted. Anyone who has questions can call the Crty to find out more details. ADJOURNMENT: MOTION by Councilwoman Jorgenson to ad�ourn the meeting. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of September 16, 1996 ad�ourned at 12:30 a.m. Respectfully submitted, . / y �' /nn_. u.. '-� gti`l+-`.`r_��..iC.-.c- Carole Haddad Secretary to the City Council W�ia�e� � Mayor