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11/23/1998 - 00000341THE MINUTES OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 23, 1998 The Regular Meeting of the Fridley City Council was called to order by Acting Mayor Barnette at 7:30 p.m. PLEDGE OF ALLEGIANCE: Councilmember Barnette led the City Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: Members present: Councilmember Barnette, Councilmember Billings, and Councilmember Bolkcom. Members absent: Mayor Jorgenson and Councilmember Schneider APPROVAL OF MINUTES: Council meeting; of November 9, 1998: MOTION by Councilmember Bolkcom to approve the minutes of the November 9, 1998 City Council Meeting as presented in writing. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF CONSENT AGENDA: OLD BUSINESS: 1. RESOLUTION NO. 91-1998 ADOPTING ASSESSMENT FOR HACKMANN AVENUE/HACKMANN CIRCLE IMPROVEMENT PROJECT NO. ST. 1998-1 (TABLED NOVEMBER 9, 1998� Mr. Burns, City Manager, explained that the City is proposing to assess 59 property owners amounts that range from $862.50 to $2,357 for the Hackmann Avenue/Hackmann Circle street improvements that were completed this year. The total project cost is $393,026.85, of which $58,753.50 is being assessed to property owners. The assessment is limited to the cost of $11.50 per front foot for concrete curb and gutter. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 1998 PAGE 2 Mr. Burns noted that in response to driveway-related issues raised by residents of six properties in the area, staff recently completed additional improvements to these properties, which they believe correct the problems raised by residents in the area. The Public Works Engineering staff indicated that they have talked with residents and that they are satisfied with the adjustments made. The assessments will be certified for a period of ten years at an interest rate of 6.5 percent. APPROVED RESOLUTION NO. 91-1998 ADOPTING ASSESSMENT FOR HACKMANN AVENUE/HACKMANN CIRCLE IMPROVEMENT PROJECT NO. ST. 1998-1. 2. APPROVAL OF CHANGE ORDER NO. 2 FOR FRIDLEY COMMUNITY CENTER PROJECT NO. 319 (TABLED NOVEMBER 9, 1998� Mr. Burns, City Manager, indicated that at the last City Council meeting, questions were raised about the cutting of the conduit at the time the concrete was removed for construction of the dance floor/aerobics area. Jack Kirk, Recreation and Natural Resources Director, spoke with the architect and the City's Chief Building Official in regard to this matter. Their response was that there was no way of knowing that the City would be removing the subject section of concrete at the time it was originally poured. When the section of concrete was removed to build the dance floor/aerobics area, there was no way to remove the concrete without cutting the conduit. Therefore, staff felt the change order was justified and recommended Council's approval. The total cost of the change order is $4,447 and, upon approval, will be made payable to Crawford-Merz Construction Company. APPROVED CHANGE ORDER NO. 2 FOR FRIDLEY COMMUNITY CENTER PROJECT NO. 319. NEW BUSINESS: 3. APPROVE CHANGE ORDER NO. 2 FOR 57TH AVENUE RECONSTRUCTION PROJECT NO. ST. 1997-4: Mr. Burns, City Manager, explained that this change order was a deduct in the amount of $1,390.17. The amount covers the cost of an additional loop detector that is the responsibility of MnDOT rather than the City. APPROVED CHANGE ORDER NO. 2 FOR 57TH AVENUE RECONSTRUCTION PROJECT NO. ST. 1997-4. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 1998 PAGE 3 4. CONSIDERATION OF RESOLUTION NO. 92-1998 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR TOTINO-GRACE HIGH SCHOOL AT SPIKERS GRILLE AND BEACH CLUB (WARD 2� Mr. Burns, City Manager, noted that this would be the second lawful gambling permit for Totino-Grace High School. Staff was satisfied that they spent more than fifty percent of their proceeds in the Fridley trade area from their existing location. The Fridley Police Department has no objection to their operations. APPROVED RESOLUTION NO. 92-1998 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR TOTINO-GRACE HIGH SCHOOL AT SPIKERS GRILLE AND BEACH CLUB. 5. RESOLUTION NO. 93-1998 AUTHORIZING AN INCREASE IN COMPENSATION AND CHANGES IN CERTAIN BENEFITS FOR THE 1999 CALENDAR YEAR: Mr. Burns, City Manager, explained that this authorization would include a three percent increase in salaries, a three percent increase in auto allowances, and recognition of a new mileage reimbursement rate of 32 cents per mile. It would also provide for increases in the City's portion of employee health insurance costs from the current rate of $345 per month to $378 per month for dependent coverage. It would provide proportionately similar increases in single health insurance coverage as well as in the City's cash option to health insurance coverage. It would also increase the ceiling on employee tuition reimbursement from $2,250 per year to $2,975 per year. Additionally, it would change the employee vacation sellback allowance from three days after seven years to five days after five years. Mr. Burns noted that staff believed these changes were consistent with salary and benefit changes in comparable cities and that they are necessary for Fridley to be competitive in today's labor market. APPROVED RESOLUTION NO. 93-1998, AUTHORIZING AN INCREASE IN COMPENSATION AND CHANGES IN CERTAIN BENEFITS FOR THE 1999 CALENDAR YEAR. 6. RESOLUTION NO. 94-1998 DIRECTING THE DESIGN FOR RNERVIEW TERRACE NORTH OF 79TH WAY: Mr. Burns, City Manager, explained that this resolution was responsive to concerns of the City's Engineering staff that they might be held personally liable for the design of Riverview Terrace below recommended design standards. The FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 1998 PAGE 4 resolution recognizes Council's belief that widening of Riverview Terrace beyond 20 feet in width would have an adverse effect on the environment and traffic patterns of Riverview Terrace residents. It also establishes that signage shall be placed along the reconstructed roadway in a manner that alerts motorists, bikers and pedestrians to the narrowness of the street. It directs staff to design the street at an overall width of 20 feet from face of curb to face of curb. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR COUNCIL AGENDA, UNDER NEW BUSINESS IMMEDIATELY FOLLOWING ITEM 11. 7. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 83995-84310. 8. LICENSES: APPROVED LICENSES AS SUBMITTED. 9. ESTIMATES: APPROVED ESTIMATES AS FOLLOWS: Ron Kassa Construction 6005 250th Street East Elko, MN 55020 1998 Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 315 FINAL ESTIMATE: $11,576.02 Mr. A1 Stahlberg, 8055 Riverview Terrace, stated that there had been discussion in the Riverview Heights neighborhood as to what was actually agreed upon at the neighborhood meetings which were held to discuss this issue. He believed most of the residents wished to have it remain "as is." He believed that his street was eighteen feet wide. With the new road proposed at 20 feet, he did not believe that the residents were being listened to. Councilmember Bolkcom explained that the width of the street varies from 16 feet to 21 feet. She had not heard many objections to the new proposed width, and most seemed pleased that new concrete curb and gutter would be installed. In recognition of the number of residents present regarding the Riverview Heights improvements, Councilmember Billings asked that Item 6 be removed from the consent agenda. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 1998 PAGE 5 MOTION by Councilmember Billings to approve the consent agenda without Item 6. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, ACTING MAYOR BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. Acting Mayor Barnette suggested that Item 6 be placed under New Business, immediately following Item 11. ADOPTION OF AGENDA: MOTION by Councilmember Billings to approve the adoption of the agenda, AS AMENDED to include Item 6 from the Consent Agenda immediately following Item 11. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Mayor Pro Tem Barnette noted that this was the time reserved for residents to address the Council on items that are not on the agenda. There were no questions or comments from the public. NEW BUSINESS: 10. RESOLUTION NO. 95-1998 ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PROJECT NO. ST. 1999-1: Mr. Flora, Director of Public Works, explained that after the number of ineetings that staff has had with residents in the Riverview Heights area, the results of the discussions were to rebuild the lower sections of Fairmont Street, Ely Street, Dover Street, Cheryl Street and Buffalo Street, Broad Avenue and 79th Way, to improve Riverview Terrace from Ironton to 79th Way at a width of 18 feet with concrete curb and gutter, to acquire the properties in the lower section of 79th Way and Riverview Terrace for a storm water detention facility, to design a Flood Control Structure at the intersection of Springbrook Creek and 79th Way, and to include storm water and sanitary sewer problems associated with the streets in the entire neighborhood in the construction project. Mr. Flora explained that the City policy for assessments on the concrete curb and gutter project is not to exceed $14.00 per front foot. On the storm water, the City's policy will be to assess the amount of $1,000 per property. Properties that have had a FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 1998 PAGE 6 previous storm water project assessment will have a credit toward this assessment. The assessments will be collected over a fifteen-year period at an interest rate of 6.5 percent to 7 percent. Mr. Flora explained the approval process for this type of project. After Council has approved the preliminary plans, staff would be directed to obtain final plans and cost figures. A public hearing would then be held (likely in March 1999) and the City would advertise for bids. A bid would be awarded with a beginning construction date likely in May. The assessment hearing would be held in October of 1999. Residents would then be given the opportunity to pay for the assessments without interest or to pay them over a period of time at a"yet to be determined" interest rate. Councilmember Bolkcom stated that residents have indicated many times that they do not want to destroy the scenic areas. She asked that Mr. Flora provide information with regard to plans on the curve of 79th Way and Riverview Terrace. Mr. Flora stated that the City is proposing to acquire the parcels between Buffalo Street and 79th Way. In that process, the City would improve 79th Way and to provide for an obstruction to the Mississippi River flooding back into the neighborhood and provide a 30 m.p.h. curve as a transition from 79th Way to Riverview Terrace. A detention pond would then be provided to service all of the storm waters in the area. Additionally, a flood control structure would be constructed on the south side of 79th Way, which could close a gate to stop the creek from going into the river and the river from backing up into the creek to prevent the area from backflooding north of 79th Way. The flood control structure would include a concrete platform adjacent to the road where pumps and generators could be placed in the event they are needed for flood control. Councilmember Bolkcom asked if all the trees and natural area would be lost between 79th Way and Buffalo Street. Mr. Flora stated that, yes, most would be removed in order to provide the proper depth for the storm water. Darlene Brady, 641 Buffalo Street, stated that her property would be extremely affected by the proposal. She felt the flood control structure would be obstructive and very visible. Part of the attraction to the area is the natural aesthetics, which she felt, would be lost. She did not think that the neighbors would want the curve reconstructed. The corner now in existence actually slows the traffic in the area. Councilmember Bolkcom noted that as cars go around the curve, they often end up in the other traffic lane. If this road is to continue serving as a two-way street, something would need to be done in the area. Ms. Brady stated that she does not want the streets widened in the area. She felt that it was also the feeling of other residents in the area. Mr. Flora noted that most of the other streets are 30 feet wide now. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 1998 PAGE 7 Ms. Brady noted that the proposed changes in the road would have a big impact on her property. Her home was likely there before the street was ever put in. She wondered if there was any way the street could be angled so that her property was not encroached on. Councilmember Bolkcom and Mr. Flora stated that her request could be investigated. Lee Arman 8125 Riverview Terrace, stated it was his understanding that the streets were being considered for reconstruction only in conjunction with any repairs necessary on the storm/sanitary sewer systems. He stated he was told that the current storm sewer is not sufficient; however he has not seen any evidence of that. He asked why the concrete curb and gutter cost for 57th Avenue ended up being less than what is being estimated for their assessments. Mr. Flora noted that there were several factors, which determine cost, such as quantity and the time of the year. Mr. Arman asked if the assessed cost of $1,000 is per lot or per property. He has three contiguous properties, which currently have different PIN numbers and are taxed separately. Mr. Flora noted that the $1,000 assessment is per property PIN number. Mr. Arman asked if a safety fence would surround the retention pond. Mr. Flora noted that this is a"detention pond" rather than a"retention pond." Under normal circumstances, there would be little if any water in the area. Mr. Arman stated that he also would like to see the area retain its natural appeal. Garland Lagesse, 7951 Broad Avenue N.E., asked if changes could be made to the plans once they are drawn up. Councilmember Billings noted that some changes can be made without difficulty. However, the purpose of the neighborhood meetings were to obtain input from the residents as to what they wanted. He proceeded to outline the proposed improvements for the area. He noted that the residents on Riverview Terrace indicated that they did not want the street widened. The proposal calls for a 20-foot roadway from face of curb to face of curb; this width is less than the width desired by the police and fire departments; however in lieu of the resident's requests, they are asking that it be kept at 20 feet. Mr. Lagesse stated that he was also concerned about the aesthetic aspects of the area. He asked if the curve could be widened, but designed in such a way as to keep the traffic speed below 30 m.p.h. Councilmember Bolkcom noted that Council and staff did not want to increase the traffic speed. They are merely attempting to increase the safety in the neighborhood. Mr. Lagesse asked if the purpose of the storm sewer improvements was to comply with DNR or State/Federal mandates on water quality issues. If so, he felt they should be paying for these improvements. Mr. Flora stated the reason for such improvements FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 1998 PAGE 8 was to bring this particular area of the City up to the same standards as the rest of the City. Councilmember Bolkcom noted that it would not make sense to make street improvements without completing the storm sewer at the same time. Mark Anderson, 8310 Broad Avenue N.E., asked if there was anything in the plans, which could not be addressed at this time. Mr. Flora stated there was not. He asked if a stop sign could be put in rather than widening the road at the curve on 79th Way. He felt that would prevent drivers from going into the opposite lane. Mr. Flora explained that there would need to be a reason for a stop sign or the public would not adhere to it. Mr. Anderson stated that he opposed widening between Broad Avenue and Kimball and Lafayette Streets. The road only serves three residents at this time. He felt that if a twenty foot wide road was sufficient for Riverview Terrace, it was certainly sufficient for that area as well. Steve Brown, 8330 Broad Avenue N.E., stated that his property was one that was annexed. At that time a bikeway was put in, and he understood that the intent was to continue the bikeway. If this street was widened, it would create a problem with the bikeway. He would also prefer to see a stop sign put in instead of the road being widened. Debra Strand, 590 Hugo Street N.E., stated that she did not wish to see a stop sign put in. There are other areas where signs are needed in the City before this area. She thanked Council for affording the public the opportunity to provide input. Ben Butzer, 8095 Riverview Terrace, stated that he was in favor of the improvements. He stated he hoped that a landscape consultant could be hired to provide input as to the aesthetic elements of the project. Ms. Brady asked if the City could keep some of the natural trees around the four properties on the corner of 79th Way and Buffalo. This would be evaluated after the plans are completed. Ms. Brady also asked if the concrete pad could be fenced to provide an observation deck, which would be more aesthetically pleasing. There were no further questions or comments. MOTION by Councilmember Bolkcom to approve Resolution No. 95-1998, Ordering Preliminary Plans, Specifications and Estimates of the Costs Thereof for Street Improvement Project No. ST 1999-1. Seconded by Councilmember Billings. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 1998 PAGE 9 Councilmember Billings explained that this resolution would give Mr. Flora the authority and direction to begin drawing up the final plans and specifications for the project. Councilmember Bolkcom asked if the public would be able to view the plans and specifications should they desire. Mr. Flora stated the plans would likely be completed by March and that they would be available for review. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. RESOLUTION NO. 96-1998 RECENING THE PRELIMINARY REPORT AND CALLING FOR A PUBLIC HEARING ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET IMPROVEMENT PROJECT NO. ST. 1999-1: Mr. Flora noted that this resolution would authorize them to set a date for a public hearing on the proposed improvements. All residents in the affected area would be notified of the public hearing. MOTION by Councilmember Bolkcom to approve Resolution No. 96-1998, Receiving the Preliminary Report and Calling for a Public Hearing on the Matter of Construction of Certain Improvements: Street Improvement Project No. ST 1999-1. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RESOLUTION NO. 94-1998, DIRECTING THE DESIGN FOR RNERVIEW TERRACE NORTH OF 79TH WAY: Councilmember Billings stated that his purpose for removing this resolution from the consent agenda was to provide the public with a better idea of what was being requested. This resolution essentially indicates to the Police Chief, Fire Chief, Public Works Director and City Engineer that Council was aware of the fact that staff was being asked to design Riverview Terrace in a way that was different from the other streets in the area. MOTION by Councilmember Billings to approve Resolution No. 94-1998, Directing the Design for Riverview Terrace, North of 79th Way. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 1998 PAGE 10 12. MOTION TO APPROVE REQUEST FOR PROPOSAL FOR ENGINEERING SUPPORT FOR THE RNERVIEW HEIGHTS AREA IMPROVEMENT: Mr. Flora noted that approval of this request would allow staff to advertise and receive a bid to retain a consultant to design the project. MOTION by Councilmember Bolkcom to approve the request for proposal for engineering support for the Riverview Heights area improvement. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, noted that a reception would be held in honor of Councilmember Schneider's years of service on the Fridley City Council. This reception will be held December 15 from 5:30 p.m. to 7:30 p.m. at the Fridley Community Center. The public is invited to attend. ADJOURNMENT: MOTION by Councilmember Bolkcom to adjourn the meeting at 9:10 p.m. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE NOVEMBER 23, 1998 MEETING OF THE FRIDLEY CITY COUNCIL WAS ADJOURNED AT 9:10 P.M. Respectfully submitted, Tamara D. Saefke Robert L. Barnette Recording Secretary Mayor Pro Tem