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03/28/1988 - 00010871, �01i� � � r�rrES o� ��n�x r�r�c oF � r�xmr�r crr5r mviac� oF rrr�zc� 2 a, 1988 The Regular Meeting of the Fridley City Council was called to order at 7:35 p.m, by Mayor Nee. PLIDC� OF ALLEGIANCE: M�yor Nee led the Council and audience in the Fledge of Allegiance to the Fl ag, IK�)�RY_1TIip MEN�II2S PRESIIVT: Nkzyor Nee, Councilman Billings, Councilman Fitz�trick, Councilman Sc,hneicler and Councilwcnr�zn Jorgenson N�ERS ABSENT: None ••�« • n • FAIR HOUSING MONPH - APRIL, 1988: M�yor Nee read and issued a proclamation proclaiming the month of Apr�l, 1988 as Fair Housing Month. He urged citizens to �oin with the Pr,oka County ' C�znunity Housing Resource Board and the Anoka County Board of Realtors in this obsenrance by taking an active g-�rt in programs sponsored by these two organizations in helping make Fridley a better place to live and work, Mr. Don Weeding, Anoka County Board of Realtors, received this prcclumation and thanked Mayor Nee and the CouncilmFinbers for isswng the procl�¢nation. •.• � n CT�UNCIL N1E�TIIVG, MARCH 7, 1988: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Cpuncil� Billings. Upon a volce vote, all voting aye, M�yor Pdee declared the motion carried unanimously. ADOPPION OF AGENDA: The follaaing iten was added as Item 25: "Consideration of � Resolution Opposing Fl�nding Mecharu sm Associated with S.F. 1928." NDTION by Councilman Schneider to adopt the agenda with thc abave �ddltion. Seconded by Cpuncilwanan Jorgenson. Upon a voice cote, all voting ape, N�yor Nee declared the motion carried unanunously. ' OPEN FORUM, VISITORS• -1- �0].11 FRiDLES' CITY C�OUNCIL N��'ING OF MAR�3 28. 1988 � ROGER BLOHM - ANOKA I�REA COUNCIL FOR PER,SONS WITH DISABILITIES: Mr. B1oYmi stated Nl3yor Nee appointed him as representativc to the Anoka Area Council for Persons with Disabilities, Ne stated the Anoka Area Council is making people in Anoka County aware of the�r activities by having members speak to various organizations and cities, He stated they have worked with the Htm�an Resource Board in trying to provide better accessibility to the Y�andicapped in Coltunbia Heights. He stated it is hoped Fridley will update their handicapped accessibility and they propose to e�;pand their activities at the Islands of R�ace Office. Mr. Blolan stated their organization is working to raise funds tc provide scholarships for disabled h�gh school graduates. I-Ie stated they assist the disabled in solving problems l�y directing them to the proper government agencies. He stated they are continually working on removal oE architectural barriers to pravide better accessiL�ility for the hanciicapped. He stated the transportation issue is one of the ma�or problans. Mr. Blohm stated he would appreciate any assistance in this area. He stated he attended meetings at Rise, along with other organizations, and they are attenpting to open a branch in FricU.ey located near Unity Hospital to assist the handicapped, Mr. Blohm stated memberships and grants in their organization are necessaiy in order to continue their service to the handicapped, He stated they want Anoka Co�mty to be nun�er one in Minnesota for helping the disabled. ' N�yor ATee thanked Mr. Blolnn for taking on thls �cb because he ]a�avs there is a lot of work involved. Mr. BloYan stated it is very gratifying to ]maa they are assisting the disabled. Mayor Nee stated in regard to the transportation issue, he will again reinforce the isnportance to the Narth Suburban Mayors' Council. Councilman Billings stated the Human Resources Commission is curiently reviewing their plan for the next several years and suggested to Mr. Slohm that he contact Mr. Hunt, Assistant to the Czty Manager, who is the staff liaison for the Hiunan Resourees Ccr[¢nission, Mr. B1oYsn stated he has spolcen with Mr. Hunt, han�ever, what he wished to do is have stafi escort saneone in a wheelchair around the City Hall so they are aware of what problems they face. SPEVE TARI,E, 6311 7TH S'iREEP• Mr. Takle stated eleven years ago there was discussion at � Council meeting regarding Village Green which was then a Zuck pond, He stated there was discussion about the mul.ti-family units and the question askecl repeatedly whethex the area along 63rd and 7th Streets would be single famillr dwellings. He stated he was concerned ahout alzple�:es being constructeu'. He stated the residents were assured by the Council, at that time, and Mr. Kahn, representative for the Canadian Fin�ncial Corporation, that they were ' to he single family dwellings. Mr. Takle stated several units have been constructed and are being built as dupl�es. He stated he has contacted the City staff and believes there is a technicality in the ordinance. He asked -2- � � � ��.� Fit�LEY CITY IXNNCII, N]E.'EPING OF MARQi 28, 1988 what the City is planning to do on this issue. Mayor Nee tharilced Mr. Takle for bringing this to the Council's atter_tion and stated staff is continuing to work on the issue. b1r. RoUertson, CCnmunity Develo�lnent Director, stated there is an ambiguity in the way the zoning ordinance defines single family dwellings that leaves an interpretation that it could be occupied by five unrelated persons. He stated these single family/duplexes have one main entrance and a common foyer. He stated if it is found they are essenti�lly being operated as dupl�es, the City can enforce the cocle because there is a definition for a two family c�welling. Mr. Herrick, City Attorney, stated his office has sert a memo to the staff on this issue and the structure that is being constructed, in his opinion, is a two famly dwelling although the way they are builcL-ng it is camouflaged sanecvhat, He stated it is his opinion that the builder of those haees is in violation in the spirit and letter of the lacv and would suggest the Council give direction to the City Manager as to haa to proceed. Councilman Schneider stated Mr. Takle contacted him about a month ago regarding this matter. He stated he does agree with his pcsition and sanething has to be done to close the loopholes and correct tYie situation. Mr. Takle stated so far this hasn't created any problems, but there still are sane enpty lots where other dwellings will be constructed. Councilman Billings stated the Council has received many communicatians on the issue and it will be addressed. He stated the six structures that are currently there are licensed as single family rental units, not duplexes. He stated if a change in the ardinance is required, it is something that cannot be taken lightly as the ordinance shouldn't be so structured that £�nilies wuldn't live together. Councilman Billings stated the situation across from Mr. Takle should be resolved shortly. PUBLIC HEARIIVGS• 1. Q�NSIDERATION OF A FINAL PLAT, P,S. #87-07, HEATHII2 OAKS, BEING A REPLAT OF LOT 16, EXCEPP THE EAS� 33 F�ET, AiIDI`IbR'S SUBDIVISION NO. 92, AND ODTLOT A, ACORN HILLS ADDITION, AIVI] THAT PART OF L(7P 14, AUDI'IC3R' S SUBDIVSSION N0. 92, WHICH LIES EAST OF THE WEST 165 EEET THEREOF, AND LOT 25, AUDITOR'S SUBDNISION NO. 92, EXCEPT TAE SOUTIIERiY 150 FEEP INCLUDING A RSGHT OF WAY, AND ALL TI-IAT PA12T OF L�(7I' 24, AUDITOR'S SUBDIVISION N0. 92, EXCEPT THE SODTH 150 FEET OF THE EA.ST 80 FEEP OF SAID LCYi' 24, INCLUDING A RIGHT OF WAY, ALL GII�R�L�LY LOCATED AT 5980 STINSON BOULEVARD N.E., BY BRICKNER BUILDERS (CONTINUED FROM 3/7/88) AND CONSIDERATION OF A RESOLUTION APPROVING A FINAL PLAT, P.S. #87-07, BY BRIQ�TER BUILDERS: NDTION by Councilman Schneider to reopen the public he�ring on this final plat, P.S. #87-07. Seconded by Councilm3n Fitzpatrick. Upon a vcice vote, -3- ��il� FRIDLEY CITY O�iINCII� MEETING OF MARCH 28. 1988 ' all voting aye, N�yor Nee declared the motion carried unanimously and the public hearing reopened at 7:57 p.m. Mr. Rd�ertson, Conmlunity Develoxanent Director, stated the Council continued this public hearing frcm N�rch 7, 1988 in order to give staff an opportunity to review the drainage plan for this plat. He stated there are some construction details to be worked out and these are added to the stipulations. Mr. Rd�ertson stated the private driveway easanent on the Ettel property to the street will not be used for arry new utilities and the e�isting utilities on this property will not be affected by this plat. Mr. Robertson also added to the stipulations the requirenent for turf restoration of the old driveway on the Ettel property upon canpletion of the c�il-de-sac. Nir. Thill, 5961 Benjamin Street, stated hzs lot is in the Acorn Hills Prldition and he questioned the actual lot line along the west edge of the Briclmer develognent, He stated the current stal�e is about 18 inches to the east of where Mr. Rriclmer's surveyor has placed the stake. He stated it looks like he is losing abaut 18 inches of his property. NIr. Briclmer stated the discre�ncies taking place on the boundaries will be addressed. Mr. Hernck, City Attorney, stated he felt the entire area is notorious for � gaps and overlaps. He stated it could be that two pieces of property that are suppose to abut may not do so because of �ast sunrey errors that may go back as much as 50 years. He stated what needs to be done is to make certain that this plat cloes not werlap onto any ad�acent plats. He stated it may very well be that there will be a sma11 strip of property between this plat and sane of the adjacent plats that i�n't in either aE the plats. He stated he didn't believe it is terribly inrportant as long as the Saps are on the exterior and not the interior of the p1�t. Ee stated to attempt to resolve all of the suxveying problens is a much bigger problan than problans that arise with this plat. He stated Staff shoulcl attempt to mzlce certain if there is an error, the errar should be taaards leaving a r�ap rather than creating an werlap. He stated the plat has to be approved by the County surveyor and he is well aware of the problErns. Ne felt between City staff and the County Surveyor's office, it shoulc7 be worked out as we11 as practically possible. Mr. Thill stated it depends where you take your measurenents and if they are taken fran Senj�nin Street, it mwes the line wer another 18 inches, Mr. Herrick stated this is an example of ha�� this cane about in the first place. He stated if the property is surveyed from the east and then surveyed from the west, gaps and overlaps result. He stated in the Auditor's Subdivision created in 1936, the lines don't coincide with the quarter line of the section. He felt Mr. Brickner, staff, the County � Suxveyor and neighbors will have to cane up with a practical solution that doesn't hurt any�ne. � 1'�(11 � i�l F'RIDLEY CITY CSA7NCII� N�PING OF MF,RCE3 28, 1988 � Mr. RoUertson reviewed the nire stipulations attached to this pl�t and the additions to stipulations 2, 6 and 7. Nk. Flora, Public Works Director, stated the clsainage to the rear of the lots will be draining to the depression where it normally drains, He stated drainage from the front yards will drain to the catch basin on Stinson Boulevard. He stated the major portion of the lots will drain in the cul-de-sac, piped to the rear of the lots to the eYisting and ��,ided pond, and then piped under Stinson Boulevard to the Ncw Bric�hton drainage system. Councilman Schneider stated this is the first he has seen of the ponding ancl asked if the �isting contours will renain. Mr. Flora stated the amount of flaw to the existing depression will be faster and a newr exit provided. He stated the pipe fran the cul-de-sac will have a concrete swale fran the outfall to the weir. Councilman Schneider asked ii there would be any drainage onto the existing hanes. Mr. Flora stated the contours are not changing ancl any drainage will be h.eld within those lines. He stated a concrete spillway woiild be provided abcut three feet wide for the water to drain. Iie pointed out on the drainage plan that piping is shown in red and the markings in blue indicate storage areas. Councilman Billings statied at the Planning Co�nission meeting, Nh, Wager hacl � concern about a storm drain along the line where the Mitchell/Ettel/Wa�er property meet. Mr. Flora stated saneone put about a six inch pipe into the curb. He stated witl-i this improvanent, a larger pipe would be installed leading directly to the 5toim sewer across the street into the NEwv Brighton system. Mr. Ettel, 1641 Gardena Avenue, stated there is a catch basin there that drains back to the street. Nir. Harlan Hansccan, 600D Stinson Boulevard, stated at this time he has no standing water on his property. He stated his concern is if lots are fillect, lus hane would be the laaest on that corner and he may be flooded. He stated the third lot in the n�rtheast corner was dug way down and there must be a ten foot drop. Mr. Flora stated he dicln't see the depression becoming a problem. Mr. Tom Brickner stated their proposal would reduce the water into the depression on the northeast corner. Councilman Schneider asked if the holding pond was Ms. Briclmer's desiqn or the City's design. Nm. Sricker stated that is the natural contour so it warks out very weil to � use as it will be in the back yards of the new homes. He stated with the arerflaa pipe, it couldn't possibly flaod -*1�one aut, He stated it may }�e a slightly different shape than it is nav and, lxzsically, all they will do is -5- �I LJ ' � '��.�. � F'RIDI�EY CITY �T]NCIL N�'TING OF MARCH 28, 1988 clean it up, install the spillway and sod the yards up to the spillway. Councilm�-ju Schneider asked if there would be any encroachment of water to the three hcmes on Stinson Bottlevard along the side of the holding pond. Mr, Briclmer stated the bottan will be designed so water drains into the pipe and not into the yards. He stated it wouldn't create any prcblems at a11 as it is designed to run out l�efore it would flaod anyone's hcme, Mr. Ettel stated the corner home had some water problems. He st�ted, hcxNever, it hasn't been a pr�len since the catch J�asin was added. Councilman Schneider asked if there were funds set aside te remedy any problans which may arise. He stated he was concerne� because some holding ponds in the past haven't worked as planned. Mr. F1ora stated in the problen with the Ci-eekr�_dge clevelognent, there were sane adjoining properties that were laaer th�n the hr�lding ponds. He stated with heavy rains, those ponds werflaaed, Ne s�ted in this case, the pond which naa has a mim miun outfall, will have an improved outlet because a new pipe will be installed into the existing system providing a better fl aa out of the area. Councilman Schneider asked if staff was conficlent this plan doesn't have any impact on existing hanes and if there is a problen, the City woulcl take care of it. Mr, E7ora stated there slwuld be no prablenus with water drain�.ng onto these hanes. He stated the amount of water would be controlled and an outfall provided. Mayor Nee asked the difference in elevation between the homes and the contours. Mr. Flora stated there is a considerable drop in the back about ttiree to four feet to the bottcm of the pond and a two foot drop from the house to the property line. Councilman Schneider stated farther south on Stinson Boulevard there has been sane flooding behind the homes on the Fridley side for a number of years. He asked if this develognent would hGve ary impact. Mr. Flora stated the normal flaa of the water is to the north and there shoul,d not be any problans. Councilman Billings stated fran what is beir_g proposec?, Lots 1, 2 and 3 all drain to the north and the front half drains to the south. Mr. Flora stated there is a ridge line as a hic�h poznt through the property and the water wc�uld normally drain in two dlrections, He stated with construction of the hanes in this plat, the property cvill be sloped to the street so the street becomes a collector for all the front yard drainage. Mr. Qureshi, City I�nager, stated the point shoulcl be made that presently � �C1�1�.� � F'R'�.F"t CITY COUNCIL MEE.TING OF MARCH 28, 1988 � there is no outlet for the system. He stated if the system is designed properly for Stinson Boulevard, it s2:oulcl be at least four feet deep with an outlet to connect to the New Bnghton systan. Councilman Billings stated his concern is that water doesn't ds�in through Mr, Wager's hane. He asked if the final plans are worked out. NSr. Flora stated the City does not have the final drawings at this tune. Councilman Schneider stated he would propose that $15,000 from the City's storm secver fund be dedicated for a peried of up to five years �or drainage prcblans wh�ch may occur as a result aE errois in the drainage plan and/or engineering, C�uncilman Billings asked Councilman Schneider ;f he wasn't canfortable with the drainage plans because he has not seen the final plans. Councilman Schneider stated in p�st e�cperiences with holding ponds, there alc�rays se�ns to be a problan. He stated if the City approves the drainage p1an and it dcesn't work, the City should cnrrect the prcblen. C'euncilman Billings stated he is cnncerned about the drainage and felt it should be correct when the plan is approverl. He felt this item ehoulcl be tabled until the Council receives the final clrainage plans. � Councilmn Schneider Ntated even when the final drain� ge plan is submitted, he is not sure it would change his position since he is veiy concernecl about any holding ponds as he felt they haven't worked in the p�st. Nir. Qureshi stated stipulation No. 4 provides £or storm sewer assessments and this should cover any problens should they ariee. A�iyor Nee stated this is an issue whether c�r not the drainage system will work. He stated he cannot see the general ta�c�yers p�ying to guarar,tee the p1 an. Mr. Hanrey Wager, 5940 Stinson Boulevarci, stated there is a six inch corrugated culvert caning out of the catch basin on the west sicle of Stinson Boulevard. He sY.ated he installed it and the pipe ccsnes within five feet of the retaining wall of his garage. He stated he instalied a four inch plastic pipe back to the corner and made a catch basin 12 to 14 ir�hes deep. He stated that has about a three inch fall fran the poncl to the catch basln to the street to the east. Mr, Wager stated he dicln't think there was room for a canent spillway. A pipe will be needed part af the way ancl if this is done, he will be flooded. He felt the pipe shoulc� be located close to where it is nav. Ee stated there is a dee�r area, but there isn't any fall in order for the wa�er tc, get out to the street, Counci]man Billings stated there is oril.y a three foot fall frcm the bacic oi ' Mr. Wager's door to the bottan aE the ditch. Mr. Qureshi asked the depth of the catch basin an the east side of Stinson -7- ��1� FRIDL�Y CITY CC�JNCII� MEEPING OF MARCH 28, 1988 ' Boulevard. Since this question coiLlcl not be answered, Mr. Qureshi stated this it�n could be tabled to the next meeting ancl he guarantees the Council will have all the informaton rieeded on the drainac�e. MYPION by Councilman Schneider to continue this public hearing to April 4, 1988 and d�.rect staff to cane back with additional drainage information anci proposal on ha,a corrections would be made, if there are errors in the plan. Secouded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, NF:�yor Ivee declared the motion carried w�ai�usly. 2. CONSIDERATION OF A REZONING, ZOA #87-01, TO REZONE FROM R-3 TIIEREOF ON FILE AND OF REGI�RD IN THE OFFICE OF THE COUN'I'Y RECORDEk IN AND FOR ANOKA COUNPY, NIIIVDTESOTA, THE SF�ME BEING 6501 EAST RIVER ROAD N.E., BY Q3RI9PENSEL�1 AUTO BODY: PYYPION by Counci]man Fitzpatrick to waive the reading of the public hearing notice and apen the public hearing. Seconded by Cotincilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing openecl at 8:58 p.m. Mr. Robertson, Community Development Director, 5tated the Planning Ccccunission reviewed this rezoning request at their March 11, 1987 meeting and reca[mended approval to the Council with stipulations. He statecl this � item was tabled by the Council on Apri'1 6, 1987 at the request of the petitioner, Mr. Christensen, in order for him to work out some questions regarcling the right-of-way. Nir. Robertson stated the petrtioner would provide an easement for snow storage and sign placanent along the west seven feet of Lots 21 thLOUgh 29 for County piu�poses. He stated the tsiangular piece previously requested is not required by the County. He stated should the City decide to implement urban design standards. Mr. Christensen stated he weuldn't be opposed to granting aziy easanent for plantings or p�ving. He stated the stipulations have been revised to reflect this ecmprcmise. Mr. Rnbertson stated in conjunction with this iezoning request, there are sane related requests for special use pezm�.ts and variances. He stated the special use �ermits are for outside storage on Lots 25 - 28, a repair garage in C-2, and parking on R-3 for princip3l use on adjacent lots for Lots 25 - 28. Nk. Rnbertson stated the variances are for reduction of planting bui-fer betzveen R-3 and R-1 zonings fran 15 to 0 feet, reclnction of building setback ad�acent to R-1 zoning fran 50 feet to 11 feet, and reduction of planting buffer betwen C-2 and R-1 zonings from 15 feet to 0 feet. He stated the special use pexmits and variances would be considered at the time of first reading of the rezoning orclinance. Councilman Fitzpatrick asked about the bikeway/walkway. Mr. Robertson ' stated the bikeway/walkway could be installed in the right-of-way. He stated the question is if there is enough rocm £or snaa stor�ge. '.E.� G0�1� ��,F"� CITY CUUDiCII, N�'TING OF MARCH 28, 1988 ' Mr. Flora, Public Works Director, stated the County praposes to install the bikeVvay/walkway on the west side of East River Read and clicln't malce an issue of an easenent on the east side, Mr. Richard K�nper, 7857 Alden Way, menber of the Unitarian Church, stated Yu s only concern is the easement that currently exists on the north side of the green area leading to the canetery. Ee askeci what unpact this rezoning would have on the eas�nent. Nfr. RoY�ertson stated a stipulation of the special use peimit is that the parking and stiorage area be constructed in a manncr which respects the e�sting canetery and saves all existing trees not located in the future �ved area. Mr. Kenper stated there is a boundary between the ccmetery and storage area and asked if there would be changes from what now exists. Mr. Robertson stated he didn't believe there would be any ma�or change, ex_cept the addition of a fence. D1r. Christensen stated in the area between the cemeteiy fence, there is about six feet they would not touch and leave Lot 29 canpletely alone so it shouldn't affect the c�netery at all. No other persons in the audience spoke regarding this propose� rezorung. ' NDTION by Councilman Fitzp�trick to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, NL3yer Nee declared the motion carried i�nanimously and the public hearing closed at 9:08 p.m. OLD BUSINESS• 3. �NSIDERATION OF RE'�T.CSID Mr. Robertson, Community Development Director, stated the avner of the Riverlx�t Plaza Shopping Center appeared before the Council on A�rch 7, 1988 to appeal the Council's decision on the coraprehensive sign plzn approved July 20, 1987. He stated the Council apprwed tln s sign plan with deletion of the reader board and a stipulation that future siJn peimit a�prov�l be based on the amplenentation of the landscape plan. He stated Council has decided the landscape stipulation should be cleleted as �rt of the approved sign plan since it has no relevance to sicmage. Mr. Rd�rtson stated staff has worked with Mr. I�Lus and is reccn¢nending the reader ba�rd be regulated as a t�nporary �ic�n per the ordir�nce. He stated the ordinance states that tanporary signs are allcwecl three times per year per business for nonconsecutive 10 day periods. He stated the portapanel has been used by the shopping center's seven businesses fcr apprcYimately 9D days this year, He stated, as a whole, the shoppina center could use a tsnporaiy sign for up to 210 days per year, thexefore, there are about 120 � days left in the year for a peiznitted tanporary siyn. Mr. Robertson stated staff is reccxt¢nending that each tenant be allowed to use a temperary sign �' ��il� FRIDLEY CITY �)NCTL N��'ING OF MAR(�I 28, 1988 ' two more times this year for nonconsecutive 10 c�ay periods. He stated staff feels the sign should be ranoved fran its implanted state by April 15, 1988 to mzke it actually portable. Air. Rd�ertson stated landscape options were alsc discussed with Nir, Klus. He stated D4r. KLus can �mplanent the present landscape plan apprwed in 1978 or another plan designed by the City. Mr. Rcbertson stated Mr. Klus would have bids on each plan and detexmine which will be unplemented. Councilman Fitzpatrick stated his concept of a�rta�le sign is a sign that canes and leaves the premises. He stated it never occurred to him that seven businesses in a store front arranggnent would each use it for a 10 day periocl as m3ny as three times a year to bring the total tc 210 days of use. Councilman Schneider stated the reader bc�rd was to be just a t�nporasy sicrn and no one envisioned a shopping center could have several there almost all the time. Mr. Herrick, City Attorney, stated from the enforcement standpoint, the simplest way is not to pemiit them at all. He stated if they are to be permitted, then the cn,astion must be addressed haw often they can be used and if uses are based on khe pranises or rnunber of ten�nts. Mr. K1us stated he did sane research and found he doesn't acn the reacler board at the shopping center. He stated the sign can be lifted and moved, � He stated his tenants have taken out a pexmit for this siln anc� he has advi�ed then when this permit expires, they are to remove it. Mr. Klus stated the reason this reader board siyn was used was because the paaer was disconnected frcm the gylon sign of which he was not acvare. Mr. Klus stated the g�lon sign confoims to the orchnance and a deternunation will be made if it is cost effective for the reader bcard info�nation to be placed on the existing sign as the cost would be about 53,OOD. Mr. KLus stated he is in the process of abtaining bicls f or the landscaping and will decide which pl�n to implanent when tl-iese bids are received. M7PION by Councilman Fitzp�trick to apprare the comprehensive siyn p]�n for Riverbcat Shopping Center, 7899 East River Fcad, as shavn on Page 3 C of the agenda, with the deletion of the words "plus the cietachecl separate reader-board sign" under Section A-1 and deletion af Section A-2 pertaining to the use of the reader-board sign. Seconded by Councilm�n Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried nnanimOUSly, Councilman Fitzpatrick felt staff and the City Attorney shoulc� bring back infoxmation as to whether ar not the reader board or portap3nel silns should he pexmitted. � Councilman Schneider stated he would concur, ha�aever, he felt the City nee�?s to not only address portable signs, but other itens used Ln pranotions such as lx-uuiers, balloons, etc, -10- �o�zo �. .. . i� .' . ,..�; .. � Councilman Billings stated he believed staff has prepared information on porta�nel signs for the Planning Cac¢nission's review. Mr. Robertson stated it is an ac�ninistrative headache to properly enforce this ordinance. He stated �rt of the probl�n is that these portable siqns are usually rented on a monthly basis and people do not want to only use then for 10 days as is permitted l7y the ordinance. Councilman Fitz�trick asked if there would be a problem outlawing these signs. Mr, Herrick stated he doesn't ]mcra hav often they are being used and hav the business community would respond, but from an enforcement standpoint, it would be easier not to peimlt then at all. Councilman Fitzpatrick felt the Council shoulcl probably wait for a recac¢net,c7ation fran the Planning Ccx[¢nission. 4. �NSIDERATI0IV OF REVISID COMPREEE�NSIVE SIGN PLAN FOR MOON PLAZA SHOPPING CIIV'I'ER, 6201 IINiVERSITY AUFdVUE N.E., (WNPIN[IED FROM 3/7/88) : Mr. Rcbertson, Ca�uciunity Develo�ment Director, stated at the Nlarch 7, 1988 meeting, the Cr�uncil deniea the request of b4r. Gearman, aaner c�f Moon P1aza Shopping Center, for a revised sign p1an. He stated staff contacted Mr. Gearman and discussed options of either resubm�tting a new sic,rnage renodeling and facade plan or enforcing the present canprehensive si�r? plan. He stated Mr, Geannan chose to enforce the present siqn plan by working with � the tenants and City. Mr. Robertson stated Mr. Geaiman should require all businesses with nonconforming signs to came into compliance wzth the approved sign plan ]� Sune 18, 1988. Mr. Robertson stated the City Attorney's office researched the problem of sign amortization and nonconfoxming uses �ray be eluninated by municipalities after a reasonable amortization period. He stated the courts have founci that signs have been fully �nortized after a period of thsee to four years. He stated in this case, a11 nonconforming si�ns have been amortized and should ccanply with the sign plan. Mr. Robertson stated Mr. Kim Olsen was alsp contacted to cl�scuss the status of his nonconfoxming sign for North Star V'ideo. He stated Ms. Olsen felt he has not been given enough time to resi�nit a new siqn plan even though his variance expired more than a year acro. He stated staff is recon¢nending Mr_. Olson bring Yii.s sign into canpliance by April 30, 1988. Ms. Carolyn Olsen stated her husUand, Kim Olson, is out of taan and wouldn't be back for two weeks. She stated she isn't familiar with this situation as l�er husband handles these issues. Ceuncllnan Billings stated he talked with Mr, Olsen and the message Mr. Gearman gave to Mr. Olsen is that he would be cloina a facelift on the shopping center and understood he Y�ad scme bids. H� felt Mr. Olsen may be � dragging hi5 feet, however, he is getting some miaed silnals from Nir. Geazman as to what 1ns plans are for the shopping center. He stated it seans Mr. Olsen doesn't want to put money into a necv siJn if he'll have to -11- ��t�� FRIDLEY CITY C1�IINCIL N�ETING OF MARCH 28, 1988 ' replace it shortly. Councilman Billings stated he understands the lease expires in October and there is the possibility they may or may not renew it. He stated he doesn't want to create an undue hardship on the Olsen's, but this is a situation that has existed for qw.te a while and had it been resolved a long time ago, the Olsen's would not have this problem. He stated he is not sure of Mr. Gearman's plans as he is telling the tenants one tlung and the Council another, Councilman Billings asked if Mr. Gear.na., or his representative was present and no one responded, Councilman Billings stated �rt of the problem with the North Star Vic�ee sign is the Olsen's were told by the prior tenant that it was in compl�ance and when they applied for a permit, it was found the siln wesn't in canpliance. He stated if Mr. Gearn�an is given until June 28 to comply, perhaps Mr. Olsen should be allaved to keep Lp lus si� until this tune. Mr. Herrick felt the City should confism Mr. Gearman's agreement to bring the signs into campliance in accordance with the apprcved siqn pl�n in a letter to Mr. Gear,�,r, and a copy to his tenants so the tenant:; are advised what the agreenent is between the w,n�r and the City. NDTION by Councilman Billings to table tlu s item to April 18, 1988 for more detailed infoxmation frcro staff regarding Mr. Gearnian's pl�ns for Mcon Plaza Sho�ing Center. Seconded by Councilman Schneider. Upon a voice vote, all � voting aye, NF�yor Nee declared thE r�tion carried unanunously. Councilman Billings stated he hoped this additional time would allow eveiyone to interact regarding any plans for this shopping center. 5. CnNSIDERATION OF SETPING A OF SERVICE ROA➢ LOCATED 6. ' ... ��. i.�i� l APRiL 18, 1988 FOR A 5 N_E.. BY SHOREWC � NDTION by Councilman Schneider to set the public hearing on this vacation for April 18, 1988. Seconded by Councilwcer�r. Jorgenson. Upon a voice vote, all voting aye, N�yor Nee declared the motion carried unanimously. �R OF SEGTION 13, �NR�1Sf3IP 30, RANGE 24, ANOKA Ci�LINTY, MINNESOTA, THE BEING 6257 HIGfNdAY 65 N.E., BY SHOREWOOD PL�ZA PARTNIIZS: Mr. Robertson, Community Development Director, stated the developer currently is working on ranaieling the existing shopping center which is psrt of the werall Moore Lake ('An¢nons m�ster p1an. He stated in reviewing �st variances granted for signs, there is no apparent consistency between the size of the sign and the size of the site. Mr. Robertson stated the existing sign for this shopping center is 343 square feet and the developer is propcasing 224 :s�are feet. He stated as part of the stipulations for this variance, the developer agrees to meet the code requiranents for an 80 -12- +6�i1�2;• �u �� i� • r. . �; . . . ' �1re fcot sign for the x�ea shopping center. He stated the sq-uare footage of the e�.sting shopping center is 60,000 square feet and the proposed shopping center will be 54,000 scl•uare feet. He stated thts 224 square foot sign wottld, in effect, sezve as a monLUnent for both the existing ancl r.ew shopping centers as well as the racquet and health club. Nir. RoUertson stated the Planning Ccmm�.ssion revieYvecl this request for the variance and has rec�cnended apprwal tA which staff concurs. Councilman Schneider stated as far as sicmage for the two shopping centers, it would i�olve 304 square feet of signage. He asked about silnage for the health club. Mr. Apple]�aun, the petitianer, stated as far as the racquet]�all club, he has not seen any proposal to use a gylon sign. Councilman Schneider stated other shopping centers have less signage such as Holly Shoping Center with 130 square feet, Bob's Produce with 165 square feet and N�r�rd's with 180 square feet. Mr. Applebatun stated that in order to get tenants to iciove away from the main higYaNay, they need th�s exposure, He stated the 80 square feet allowed for a p�lon sign is tied to one tenant and they will h�ve many more in th�s shopping area. He stated Holly Shopping Center is located right on the highway and they don't permit signage by their tenar.ts because af the ' highway visibility, Councilman Schneider stated staff was requested to pravide inforniation regarding the size of signs �ermitted in ad�oimng ccs[u[iunities, He stated the average �imtun is around 200 square feet. He asked Mr. Applebatun if it would be possible to reduce his request. Nfr. Applebaimi stated in order to prwide 12 inch lettering, this size sign is needed, Councilwanan Jorgenson asked if a 224 sq�are fcot gylon siqn was provided on the west, would they not put one on the east? Mr. ApplebaLUn stated that wasn't cU.scussed oril.y that they wouldn't request any variances. Cc�uncilman Billings stated he agrees with Nr. A�plPbatun. He stated if you had 12 sepds'ate stores in this area, each waned se�rately, they could each have an 80 square foot sign. He stated since this is nct the case and it is a shopping center, he felt a need to look at the circinnstances. Co�mcilman Billings stated he res�cts Councilman Schneider`s opinion that if the Coimcil grants one variance, they have to give others. He stated when the Pl anning Caimussion recac¢nerxiecl a1] owing a certain rnm�Uer of sauare feet of signage based on the square footage of the area to be served, the Council wanted to review each on its cwn merits. ' Councilman Fitzpatrick stated he did not ]maa where the line Y�s to be clrawn on the size, but felt th�.s sic�n would be too large. -13- � � ' 8 G�1�� FRIDLEY CTPY COLTNCII� NIEEP7NG OF MARCH 28. 1988 Counciln�an Schneider stated he would be willing to grant a vari_ance to 180 square feet taking into consideration the n�ssiveness of the whole structure wluch the ordinance doesn't address. N7JTION by Councilman Schr�ider to grant Variance, VAR #87-41, per Section 214.11.2.B to increase the square footage of a py]on siln fram 80 square feet to 180 sqtiare feet, with the following stipulations: (1) staff resenres the right to approve the final clesiln of the plan� (2) the new center's gylon sign will have design consistency with the remodeled sicln; and (3) the new center's sign will not be consiclered for variances. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman Schneider, Covncilwanan Sorgenson, Councilman Fitzp�trick and Mayor Nee voted in favor of the motion. Counci]inan Billings voted against the motion. Mayor Nee declared the motion carried hy a 4 to 1 vote. Councilman Schneider stated if staff and the developer can ccane up with sane other proposal, he would be willing to consider it. Mr, Applebaum stated the sign is very contemporary trying to make a statenent about the developnent and redevelopment of the area. He stated when it is the only sicJn and is located cn 800 feet of frontage along the higYavay, he didn't believe they are out of line requesting the 224 square feet. He stated he fe]t the 180 square feet woulcln't work as they would have to eliminate two tenants. Councilman Billings stated he only wished his predecessor had talcen a similar stand in regard to the Skywood Mall siyn as thEy don't advertise any of khe tenants. �NSIDERATION OF APR�II�TI.%IENPS T(7 Tf� C'ABLE TELEVISION COMNIISSION: Councilman Fitzp�trick stated he would like to nominate Robert Scott for appointrnent. He stated Mr. Swtt is Chairnian of the Speech Department at the Un�versily of Minnesota. MYPION by Councilman Fitz�atrick to naninate Robert Scott, 7190 Riverview Terrace, for appointment to the Cable Television Commission for the term expiring April 1, 1991. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NDTION by Councilman Billings to reappoint Barbara Hughes to the Cable Television Cc[�uni.ssion for the term expiring Apri1 1, 1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated there was another applscant who had excellent credentials, haaever, several incimibents had indicated their willingness to be reappointed for which the Council has given consicleration. NEN7 BUSINESS• CONSIDERATION OF FIRSP READZNG OP AN ORDINANCE APPROVING A VACATION, SAV -14- ' � J 2 ��?4 � �r w� i� g. • 4�_�. _ ... #87-11, TO VACATE THAT PART OF MCKIIQLEY SPREET AS DIDICATED IN THE PLAT OF ACORN HILLS ADDITION, 'I'OGF.THEf2 WITH Tf� NORTHII2LY E},};PENSION OF SAID NK�LLNLEY friY Mr, Rd�ertson, Ccnrtnunity Develognent Director, stated Mr. Costello wanted to ma]se sure that this vacation is contingent upon final approval of the 17 lot Heather Oaks Plat and is, therefore, a stipulation of the vacation. MOTION by Coiincilman Schneider to waive the reading and approve the orclinance upon first reading, with the follcwing stipulation: {1} £inal approval of vacation contingent upon final approval of the 17 lot Heather Oaks Plat. Seconded by Councilwoman Jorgenson. Upon a vcice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �NSIDERATION OF A CDMPREHII�ISIVE SIGN PL�AN FOR 8251 MAIN S2�tEET N.E.: Mr. Robertson, Community Development Director, stated Ms. Maertens has submitted a sign plan for h�.s industrial development at 8251 Niain Street, He stated staff recca¢nends approval as it is in compliance with the City Cocle and is aesthetically pleasing. NYYi'ION by Councilman Billings to ap�rove the Comprehensive Siyn Plan for 8251 Main Street. Seconded by Councilmasi Fitz�trick. Upon a voice vote, all voting aye, N�yor Nee declared the motion carr�ed unanunously. 10. CONSIDERATION OF AN EXTEDTSION OF A SPECIAL USE PERMIT, SP #86-15, AND TO EX7'EI�ID TAE PERIOD Tf� SPIP[7L�TIONS NE.ID TO BE �M� �*rF'n UNPIL SEPTEMBER 3 �, �Y:iJ� Mr. RoUertson, Ca[¢nunity Develognent Director, st�ted the North Suburban Hospital District will not becczne the avner of this property until Sune 1, 1988, therefore, they will not be able to ccnlply with the stipulations under special use permit, SP #86-15, until Septar�ber 30, 198£3, rather than June 30, 1988. MOTION by Councilman Billings to extend the time that stipulations 1, 2, 3, 6, 7, 8 and 9 need to be ccanpleted frcm JLUie 30, 1988 to Sept�iber 30, 1988 under special use permit, SP #86-15. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimpu5ly. 11. CONSIDERATION OF AN FX`I'INSON OF A LOT SPLIT, L.S. #82-OS LOCATED AT 7365 E',AS7' RZVER ROAD N.E. , BY GERAI�D M. SIiERER.: MYPION by Councilman Fitzpatrick to extend lot split, L.S. #82-05, through NacrEmber, 1989 with the stipulation that a nca performance bond be provided or existing letter o� credit ($5,000) be extended to caver completion of site imprwanents which are to be mmpleted upon completion of East River Road imprwenents. Seconded by Councilman Schneider. Upon u voice vote, all voting aye, Nayor Nee declared the motion carried unanunously. 12. RECEIVING THE MLNOTES OF Tf� PL�ADIlVING COMMISSION MEEPING OF MARCI-I 9, 1988: -15- FRIDLEi' CITY O�IINCIL MEE'PI1VG OF MARQi 28, 1988 � A. t'1�:� 2;i Mr. Campbell, representing the petitioner, NIr. Johnson, asked about any lane widening or median on Mississippi Street as this may be a price consideration on one lot. Nh�. Flora, Public Works Director, stated the plan for Miss� ssippi Street calls for left turn lanes from Mississippi onto Highway 65 an� the construction of a median almost to Lucia Lanne. Councilman Billings asked about the west half of Lot 4 as he noticed past proposals included thts west half. Mr. Campbell stated he unc]erstands that is na longer p�rt of Mr. Jahnson' s property and isn' t asmecl by h1ni. hYYI'ION by CounCilman Schneider to grant lot split, L,S. #88-01, with the follaving stipulations: (1) owner to supply a 15 foot bikeway/walkway easHnent on DZississippi Street frcm Luciz Lane ta Hiltnaay 65; (2) a p�rk fce of $750 each for Tract A and B be paid prior to issuance to building permits; (3) drivevay on Tract B to access Lucia Lane orily; (4) clriv�w�xy en balance of Lot 6 to be as far east as Fossible; and (Si aaner is responsible to notify prospective buyer of possible median on Mississippi Street which could preclude easterly mc7vFment frcm Lot 6 and 7. Seconded by Councilwanan � Jorgenson. UpOn a voice vote, all voting aye, Mayor niee declared the motion carried unanimously. � la G�I�.SIY9�7� �I�fI�l�K�71�I'1. �I�7 My:/11y Y.1 ��ulaS. .17q \I �.CT.�I�ti�1�11ZNJM_K�7�f��1�1.!9L4BJ� i RHlia• I� �11�,f�!}�IU1�1 i .�Z\7� . 1�14��]3�S(�Illjai!(l�]ilViNfl�'GlO;QIt�:�]i15+Y7f\a1�7 Mr. Robertson, Ca[munity ➢evelognent Director, st�ted the in7aste Recluction and Recycling P.ct 1988 was an attanpt to address the lag in develo�nent of waste renuction and recycling grograms behind the development of waste-to-eneregy incinerators. He stated as originally proposed, the Act incl�ed several prwisions and prohibitions which its authors believed would increase waste reduction and recycling in N_innesota. Nir. Robertson stated subsecruent to the Enviroianental Quality Ccnmission reccn¢ne�ding that the Couneil support this legislation, all the ]cey prc,visions were deleted Zn cai�iittee hearings. Mr. RoUertson stated the Council may support the legisl�tion as originalLy proposed, support the current draft of the bill u�ith the c7eletions, support the legislation with deletion of itans that are of concern to the City, or support the legislation with an amenchnent to delete the recycling deposit on tinrefillable beverage containers as it woulcl reduce the funds received from ' the County by the City and create instability in the cuibsicle prcgracn. -16- 1 � ' +C�� 2e� 171 i1�7i171'LM44 ��: 1� M� u17151 ��, • W_ C M. :�L•F$7 MDTION by Councilman Schneider to table zndefinitely. Seconded by Councilman Billings. Upon a voice vote, all voting aye, I�por Nee declared the motion carried unarvmously. MOTION by Councilman Schneider to receive the minutes of the Planning Con¢nission meeting of March 9, 1988. Seconcied by Cnuncilman Billings. UFon a voice vote, all voting aye, Mayor Nee declared the motion carried unanin�ously. 13. CiONSIDERATION OF RF1U,L�OCATING FUNDING WITHIN Tf� 1987 CDBG BUDGET: NY7PION by Councilman Fitzp�trick to realloczte 1987 CDBG fun2� in the amcunt aE $8,181.50 to fund the shortfall for acauisition/relocation of the Eunger residence, 787C Apex Lane and two adjacent vacant lots. Seconded by Council�n Schneider. Upon a voice vote, Councilman Fitzpatrick, Courcilman Schneider, Councilman Billings anc] Mayor Nee. Councilwoman Jorgenson abstained fran voting. Mayor Nee declared the motion carried by a 4 to 1 vote. 14. RECENIlVG TIIE NffIVUTES OF TI-IE CHARTER �AM7ISSION MEETING OF JAN[JARY 25, 1988: MOTION by Councilman Schneider to receive the minutes of thc Charter Ccn¢nission meeting of Janu�sy 25, 1988. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion car_ried unanimously. RECEIVING BIDS AND 1:W71RDING CONTRACT FOR SPRINGBROOK NATURE CENTER FENCE PRCUECP #180: MOTION by Councilman Fitzpatrick to receive the following bids for Springbrook Nature Center Fence Project No. 180: • • • � Craaley Fence 10630 Nassau St., D1.E, Minneapolis, MN 55434 Century Fence Co. P.O. BaY 100 Forest Lake, MMDTT 55025 Lil�x'ty Fence P.O. Bcix 563 Havard Lake, M[V 55349 Fenco-co, Inc. 5222 F.anson Court Ciystal, MMDTT 55d_29 BID �CYLAL BOND BID A 5% $ 21,595.75 5% $ 22,175.25 5% $ 24,392.50 5% -17- $ 24,501.25 e�� . $ 23,766.75 $ 24,367.65 $ 27,285,25 $ 28,155.25 %fl� �'t' - u �' � ��I � • r• • « • • • � Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouSly. Mr. Flora, Public Works Director, stated Craaley Fence s��hmitted the lowest bid on both Alternates A and B, He stateG Bid A is identical to Bid B with the e:cception that Bid A incorporates a tension wire along the top of the fence and Bid B incorporates a toprail along the top of the fence f�ric. He stateci staff is recarunending the toprail as specified in Bid B. 1 MYPION bq Councilman FitzFatrick to award the bid for Springbrook Nature Center Fence Pr�ject No. 180 to the lva� bic�der, Cravley Fence, for Alternate B in the �nount aE $23,766.75. Seconded by Councilman Schneider, Upon a voice vote, all voting aye, Mayor Nee decl�recl the motion carrieG nnanimoUSly. 16. RESOLUTION N0. 27-1988 AUTHORIZING THE JO?NT BIDDING DF MAINTENANCE AND REPAIl2 WORK FOR STREEP IMPRWII�43�Fi' PRCUECP N0, ST 19 88-10 � SEALCOAT) WITH THE CITIES OF COLUMBIA HEIGHTS AND FRIDLEY: 17 . MYPION by Councilman FitzFatrick to adopt Resolution No. 27-1988. Seconded by Councilwanan Jorgenson. Upon a voice vcte, all voting aye, Mayor Nee declared the motion caxried unanimously. HOSTIIVG Tf� 1996 SUNII�7II2 OLYMPICS: NYJ'I'ION by Counci]man Fitzp�trick to adopt Resolution No. 28-1988 and fonvard to the Mayors of Minneapolis and St. Paul. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the m�tion carried 17nani mOUSly. 18. RESOLLPPION N0. 29-1988 AUTfiORIZING THE NOMLNATION OF MAYOR WILLIAM J. NEE FOR THE C.C. LUDWIG AWARD FOR DISPINGUISf�D P'lONICIPAL SERVICE: MYPION by Councilman Schneider to adopt Resolution No. 29-1488. Seconded hy Councilwoman Jorgenson. Upon a voice vote, Councllman Schneider, CouncilwCman Jorgenson, Councilrnan Fitzp�trick and Counczlman Billings voted in favor of the motion. Mayor Nee abstained from voting. Mayor Nee declared the motion carried by a 4 to 1 vote. 19. CONSIDERATION OF Q37�I�7GE ORDER #3 FOR ST 1986-1 & 2, PHPS'E II: Mr. Flora, Public 6VOrks Director, stated this chunge order recommended by Sunde Engineering and supported by the HRA wi_11 allocv payment of $2,50D to H & S Asphalt for renobilization of their work force to complete the curb, gutter and street imprwenents on the Lake Pointe site. NIYPION by Councilman Schneider to approve Change Order Nc. 3 for ST 1986-1 & 2, Phase II with H& S Asphalt in the ancunt of $2,5D0 and a revisecl � contract amount aE $390,264.10. Seconded by Councilwai�n Jorgenson. IIpon a voice vote, all voting aye, Mayor Piee declared the motion carried nnanimou5ly. �� 2�. �0� 2�? �TnT.F'�' CITY CCx7NCII, I�PIIQG OF MARCii 28, 1988 Mr. Flora, Public 4VOrks Director, stated Change Order P]o. 3 irnrolves no dollar �nounts, but establishes the substantial completion date for this imprwanent to April 1, 1988. Ne stated Change Order No. 4 includes the addition of three construction items totaling $11,270 for the following itelns: epo�y floor �ainting, $2,100; siunp pLUnp realignment, $2,170; and ammoni.a injection systen, $7,000. Mr. Flora stated the 52,170 cost for sump pump realignment is for_ the additional piping to the sanitaiy secver systc�n. He stated originally it was proposed to go into the stonn system, but, by code, it couldn't be clone and has to drain into the sanitaiy system necessitating the need for additional piping. Mr, Flora stated in regard to the epo�cy iloor painting, it was stafi's understanding the floor would be �inted. He stated as the pro�ect was nearing ccmpletion, the consultant ind�cated it wasn't in the specifications they prep�red. He stated it is essential that the floor be �intcd, before the a-n,;gnent is installed, Councilman Billings stated in regard to the floor p�inting, it seems thcre is a discreFancy as to what was shavn on the druwings and what was calied for in the specifications. ' Mr. Kirk, representing TKDA, stated he was not sure where the glans and specifications were caning fran as far as the epo� paint. He stated at ons time, epoxy paint may have been antici�tc-d for the floor of the building, but the specifications indicate epoxy sealer is to be pr�vided only as shavn on the drawings. He stated by reference, there is no desiynatien on the plans for epoxy sealing. Councilman Billings stated he is concernec� about the relationship between the City and the consultant and who is responsible to check the plans and m�]ce sure they are in accordance with the dQSires of the City. Mr. Kirk stated the plans were checked on several cccasions and the question is was there a check to make sure the floor was �inted which appears is the City's intent. He stated in any event, the City isn't g�ying twice for the epoxy painting of the floor. He stated nothing has kaeen lost and it is the questian whether the City wants the paint or not. Councilwoman Jorgenson asked who drew up the plars. Mr. Flor� stated TKDA drew up the plans and specificatons so it appears it was trieir error in not including the epoxy paint. Councilman Billzngs stated if it was clear in the plans that the painting was included, khe bids would have been $2,100 :nore. ' D4r. Rirk stated this is a small cost and the werruns in this jab are .7 of 1� which isn't very significant in relation to the cost cf the pro�ect. -15- r 21 � 22 � �� i • n__ ��. 1� . � i��! ��. • r� • �. . • : ;. Councilrn�n Schneider stated the City hires a consultant to oversee the project so it proceeds along snoothly which hasn't been the case. He stated it makes you wonder what will happen neYt. Mr. Kirk stated there is rarely a project completed where there isn't sanething that needs changes or anditions. Ne scated he has been in the business almost 30 years and cannot recall where there wusn"t at least one iten or issue for reconsideration on a pro7ect. MYPION by Councilman Schneider to approve Cda��ge Orclers No. 3 and No. 4 with Tf�A for Ca�¢nons Park Filtration Plant Pro�ect No. 164. Change Order No. 3 irnrolves no dollar amounts, haaever, Cl»nge Orcler Ne. 4 is for an addition of $11,270 or a revised contract of $1,417,401. Seconded by Councilman Billings. Councilman Billings stated the fact remains tYiat the City really doesn't ]axaa for sure if the $2,100 for the e� paint was excluded from each of the contractor's bid or not because of the confusion in the p11ns and specifications. He stated, therefcre, the City may not have received the laaest bid because this item may or nay not have been included in the bicl. UR�N A VOICE VdPE ON '1HE ABQJE NDTION, ali voted aye, anu Mayor Nee decl�red the motion carried unanunously. APPOIl�IMEDTPS• CITY IIKPLOYEES: MYPION by Councilman Fitzpatrick to concur with the foliowing appointments by the City Manager: NAME Greg D. Box 47 Onamia, Kottsick MN 56359 William A. 4_amp� 1721 Marion St. #104 Roseville, MN 55113 FnSTTION Maintenance I (Sewer) Public Works (norrexempt) Records Ret- ention & Infozmation Specialist (non-eXFSnpt) STARTING SAT.ARY 58.72 per hour ($1517.28 Nb,) STARTING DATE REPLA(�S P'�rch 28, Arthur 1988 Faul.son $10.20 per P�arch 28, Patricia hour 1988 SjTkes ($1775.03 Mo.) Seconded by Councilman Billings. Upon a voice vote, a71 voting aye, Mayor Nee declarecl the motion carried unanunously. ('.f.ATMS- biY!'ION by Councilman Billings to authorize payment of Claims No. 19297 through 19594. Seconded by Councilrn�n Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanunously. -20- � ' l J ftCi � °z�+ FRIDLEY CITY C�LTNCII, MEE,TII� OF MARQi 28, 1988 23. LICQ�ISES: NLYPION by Councilman Schneider to approve the licenses as submrtted and as on file in the License Qerk's Office. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motlon carried unanimously. 24. ESTIMATES: NDTIOl� by Councilman Fitz�trick to apprwe the est�niates as s�ubmitted: Smith, Juster, Feikema, Nalmon & Haskvitz 6401 Umversity Ave. N.E. Fridley, MN 55432 For Services Rendered as City Prosecutor For the Month of Decenber, 1987 ..... E.A. fiickok & Associates 545 Indian Nbund Wayzata, MIV 55391 Moore Lake Phase II Project #149 Partzal Estunate. . . . . . . . . . . TI�A 2500 Pmerican National Bank Building St. Paul, NN 55101-1893 . . . . $ 8,180.SC . . . S 1,007,37 Repair of Commons Park Filtration Plant Pro�ect #164 Partial Estimate . . . . . . . . . . . . . . . . . . $ 2,450.00 G�nunon Brothers P.O. BaY 83 Rolers, MN 55374 Springbrook Nature Center �nd ImprwEment Pro� ect #173 Estunate No. 4 . . . . . . . . . . . . . . . . . . . $70,896.08 Seconded by Councilm3n Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 25. RESOLUTION NO. 30-1988 OPPOSING FUNDING MECHANISM ASSOCIATED WITH S.F, 1928: Mr. Flora, Public Works Director, stated tihe fee proposed for funding a safe water drinking program is regressive in that large users and sm�-�11 users �y the same amount and is discriminatozy in that private well system users would not psy any fee at all. He further stated tYiere are no provisions -21- f�fi� .�� : U Y ��: 11 L1� i i�16J h • u2 :• . .. � that he is aware of in the bill that praricle for the City's admin�stratice costs for the collection and transfer of fees to the State. Nh�. Flora requested the Council consider adoption of this resolution to oppose the funding mechanism associated with this safe water clrinking pra�s'am. He stated a year ago the I�p�rtrnent of Health infoimecl cities they would no longer do water testing and this bill woulcl inc-rease the staff at the Dep�rtment of Health to revie.v the safe drinking water tests. MYPSON by Councilman Schneider to adopt F2esolution No. 30-1°88 and forward to the State Legislators, Seconded by Cauncilman Fitz�trick. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. •�• •ii� MOTION by Councilman Schneider to ad�ourn the meeting. Seconded by Councilwaman Jorgenson. Upon a voice vote, ali voting aye, Mayor l�ee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of March 28, 1988 adjourned at 11:05 p.m. Respectfully submited, � �� ,-�� -%F�_ Caxole Haddad William J. Nee ' Secretaxy to the City Council 1�yor APPrwed: � -22-