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07/11/1988 - 00010696� ii The Regular A7eeting of the Fridley City Council was called to order zt 7:45 p.m, by P7ayor Nee, PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and aud.ience in the Pledge of A1legiemce to thc Flag. ROLL CAL�L- MEN�II25 PRESF�TS': Mayor Nee, Councilman Billings, Councilman Fitz�trick, Cbuncilman Schneider and Councilwanan Sorcrenson h�ERS ABSEI�7T: None �a��z�iN�+t���uuu yM � �UIVCIL ME�"PING, JL7NE 20, 1988: Councilman Schneider stated on Page 2, �racr�pl-i 7, line 5, 10 foot shculd be rhanged to 9 feet. ' Councilwoman Sorgenson stated she voted against the motic�n on Item 1D referring to porta-�ne] signs. NDTION by Councilman Fitzp�trick to approve the minutes of June 20, 1988 with the abcnTe cnrrections, Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee cleclared the motion carried unanunously. ��i_-il��i�ri7�: � i�: NDTION by Council�n Fitz�trick to adopt the agenda as sutxt;ittc-�c1. Seconced by Councilman Schneider. Upon a vcice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN E'ORUM, VISITORS: PETITION NO. 15-1988 - N%IORE I,AKE: Mrs. Gloria Hayes, 840 West Moore Lake Drive, snbmitted a petition in opposition to the City pi.miping water fran the west tc the east sid� of D�ore Lake. Mrs. Hayes stated Tan Lutgen, Hpdrologist with the Department of Natural Resources sukxnittEd a letter dated July 6, 1988 to John Flora regarding the ' unauthorized distructivn of the culvert unner HigYiwway 65 in Nr�ore Lake. She stated Mr. Lutgen stated in his letter that DNR permits were net obtained for this punping. -1- �;��z��D FRIDLEY CITY QJIINCIL MEETSNG OF JULY 11, 1988 1 NDTION by Councilmin Schneider to receive Fetition No. 15-19$8. Seconcied by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayar D7ee declared the motion carried unammously. Mr, Dennis Nolan, 5733 West Moore Lake Drive, asked what action the Council would take regarding this petition. Councilman Schneider stated in the petition, the residents are requesting the dike be renwed and pi.unping ceased and both have been done. He stated it is the Cotuicil's intention to have a s�eca�l meeting this Weclnesday at 6:00 p.m. at City Hall to discuss any further zction to be taken. Mrs. Hayes asked hav resiclents will be notified of this m�eting. Councilman Schneider stated notices will be hand delivered_ to property c�wners. He stated the Council has to take actior. qiuckly to protect the east side of the lake. Councilman Billings stated it is his understanchng the Council will not be discussing the transfer of ariy urater or dning anything to the west bas� n. He stated the primazy purpose of the meeting is co try and come up with a way te protect the liner placed in the east bas�n since pump�ng is not the solution. Mr, Flora, Public Works Director, stated when it was neticed there was a � drop in water level in the east basin of M�are Lake, the Department of Natural Resources was contacted and it was stated the City coulcl place same restrictions in the west basin as long as �t didn't affect the waLer level more than one-tenth of a foot. He stated a barrier was placed in the culvert on Higtnvay 65 and, at that time, wuter w�s pumped irto the east la3sin keeping within the one-tenth of a fcot lunitat�on. Mr. Flora stated a letter was then received fran the Tiepashr�ent of ATatural P.esources anc3 their new position was that before any blockage or ptanping of wuter could occLr, they would request a signed release fran the property owners and apprwal by the City Council. He stated the City has ceased the ptm�ping ancl removed the barrier. Councilman Schneider asked Mr. Flora if it was his Lmderstandiny that nc permit was necessary, as long as the levels were kept within one-tenth of a foot. Mr. Flora stated this was 1us understanrling. Mrs. Hayes stated the letter fran the Dep�rt�zent oi Natural Resources cites certain statutes and notes that DNR peimits were not obtainecl for the p�unping or the dike. She stated the City was def�nitely wrong. Nh, Larson, M�nager of Water Quality for Hicl�ok and Fvssociates, stzL-ed, in terms of what methods might be used to solve this problan, they really have not done an assessnent. He stated their firm would be lockin� into possible solutions during the next few c7�ys and intend to present scane options at the meetir!g this Wec7nesday myht. He stated covering the Dartek close to the � shoreline with scme sort of ntzterial to weL 2nd protect it m��y be an option. He stated the prcd�len with the Dartek on the shoreline right now is that when it dries, it becomes brittle. Mr. Larson stated in terms of_ -2- ���it31. , ' ' FRIDLEY CITY �IINCIL MEEPING OF JULY 11, 1988 alternatives that is scanething he cannot ccaim�ent on at- this time. M3yor Nee asked Mr. I,arson to explain the phosphorus �2�estion in reference to the well water. P�Y. Larson stated a sunLlar problan occurred last year zncl there was some piunping out of a fire hydrant. He stated they toek water samples and found the phosphorus levels were very high, much hlgher than even ncrmal stezm water fran the east basin. Councilman Schneider asked �_f City water has a lugh phosphorus content. NL�. Larson stated phosphorus is not dangerous, but if put into the la.ke will affect the algae and weecls. He stated all the improvements c'�one to Noore Lake have been n�de to reduce the phosphor� and by ptmptin� in vrater high in phosphorus, if allaved to continue for sane period of time, woulcl set the whole project back. He stated it is not sanethina to be concerned about in teizns of drinking water. Councilman Schneider stated in teYms of a long ternz solution, if phosphorus is something that could be filtered out. Mr. Larson stated there are certainly wells in this area that have laver phosphorus levels than wYti�-t wes recorded last year when the water was eampled cacung �nto the la]ce. He felt perhaps water could be taken out of a ciifferent wel] system when water levels were daan, Councilman SchneidQr stated he realizes there is continuous monitoring of the lak_e, but wondered if the Dartek has really accomplished whzt was intended. I+�. L,arson stated it is difficl;lt to say as there are a numbe-r of thinqs which affect water quality and you caruiot tell in one year. He stated they would �e tak�ng water samples this siuranEr zncl lool�ing at the aeration systau which will be a topic in their final report issued �_n �anuary, 1989. He stated the nature of the lake is that the flnshing action comes from the stoxm cvater. Mr. Jacobson, 851 West Nbore Lake Drive, as}:ed ii Fricley is the only City having this �rticular problan. He thought another City should �e asked haw they maintain their lakes. Councilman Schneider stated other lakes do not he,ve the treatment wh?ch was done at Moore Lake. He stated it is unportznt Lo protect tk-ie investment in A�ore Lake and keep the lake clean. Mr. Larson stated there are no other lakes t1��t have this type oi material installEC1 in than. MOTION by Councilman Billings to schec�ule an emergency meeting for Vvednesday, Suly 13, 198$ at 6:00 p.m. at City N�11 to Cuscuss the Nbore Lake problans. Seconded by Councilman Schneider. Tipon a vcice vote, all voting aye, M3yor Nee declared the motion carriecl unanunously, -3- ��.,` f 2 � � ' 1 ' FRIDLEY CITY COiTNCIL PP�EPIIdG OF JULY 11, 1988 Councilm3n Schneicler stated staff's intent was weil founded, but felt it was very clear the City will not attempt more ptmlping. I3e stzted the Clty was wrong and apologizes for it. LOQ� LAI� - MARY VASECKA, 6909 HICKORY DRIVE N.E.: Ms. Vasecka stated she wanted to let the C'ouncil knav the condition of Locice Lake, She stated two weeks ago, Locice Lake w�s a thriving lake anc� nav there is no lake left, Ms. Vasecka etated she would like the Council to consider scme measures to restore the water levels. She alsc questicn�d what kind of property tax consideration she would be given since she no longer has lakeshore property. She stated she woulcl like sane restrict?ons p�ssed, not anly for this year, but long term so if water levels fall relaa a cetain level, people cannot continue to nse water from the la_ke. Ms. Vasecica stated she also wanted the Council to cnnsider � spriril� ing ban. Nk�yor Plee stated the Council is considering a sprin}�ling ban this evening, but felt there really isn't ariy answer to the lcnv water lcvels other than rain. Ms. Vasecka asked if the City would consider cont-acting mtmicipalities and w�rl�ng with then on a watering ban for �ople who live on the creek. NAr. Flora, Public Works Director, stated the Rice Creck Watershed District is reviewing a water manaoement plan, but didn't know if the plan specifically limits watering. Ms. Vasecka asked if the City takes an active part in the Rice Creek Watershed District's proceedings to wh�ch NSr. Flora_ answered in the af f imlative, Ms. Vasecka asked who she would speak to in regard to her taxes and was �dvised to contact the City Assessor's Office. Mayor Nee asked Ms. Vasecka if she would lil;e to become � m%olvecl in ernrironmental or natural resource issues and she statec. she would be interested. PUBLIC HEAR71VG5: PUBLIC HEARING ON STREET IMPROVEMENT PROJECT ST 1988-4, OSSORNE ROAD IMPROVII��NPS : NDTION by Council�n Fitz�trick to waive the reac,ing of tl�c public heoring notice and open the public hearing, Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee cleclarecJ the mot-ion carried „nan,mously and the public hearing opened at 8:27 p,m. Mr. Flora, Public Works Director, statecl t�'�e Countp is schecluling u[iprovenents of the intersection at East P.iver Road and Osborne Road and u�grading Osborne Road between East P.iver Rpad znd Main SLreet. He stated this section of Osborne R�d between East River Road and Main Street has � ���J� �� l7 ��iF �� � I•RIDLEY CITY OJiINCII. N�.TING OF JULY 11, 1988 � never been assessed. He stated previous improvements to Osborne Road between Main Street and University Auenue were assessed to thE commercial properties. NIr. Flora stated the total projcct is estunated at $992,000 and the City cost is estunated at $99,D00. Councilman Fitzpatrick verified that only the C�ty's portion woulcl be assessed. No �rson in the auclience spoke regarding these prcposed inrprwanents. I�iYPION by Councilman Fitzp�trick to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vcte, a11 voting aye, Mayer Nee declarecl the motion carried unanimously and the p•ubl�c hearing closed at 8:29 A.m. 2. PUBLIC HEARING ON TEIE ISSUANCE OF AN ON-SALE WINE LIC�NSE TO ROCKY ROCOCO RESTAURI1I�Tr, 7601 VIRON ROAD N.E.: NDTION by Councilwanan Jorgenson to waive the readtng of the public hearing notice and open the public hearing, Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Major Diee declared the motion carrzed nnan�mpl7Sly and the public heazing oFened at 8:29 p.m. Mr. Pribyl, Finance Director, stated this public hearing is for the issuance of an orrsale wine license for Rocky Rococo's. He stated staff has revieweci � the license and is na,a waiting for ccmpletion of ihe restaurant itself and ccanpliance with the code requirements. He stzted the Pelice Department report was favorable. Mr. Pribyl stated the can�ny is kz�sed in Californi� and they have been working with them over the phone. He stated when a resident manager is assigned, his bacicground would be investigated. Nk�yor Nee stated he felt sameone representing Rocky Rococo's should be present to answer any questions and indicated he wouldn't feel comfortable issuing the license if a representative c�ras not present. No persons in the audience spoke regarding the issuance of this wine license. NYYPION by Councilman Fitzpatrick to close t�ie publ�c hearing. Secondec? by Councilman Billings. Upon a voice vote, all votir.g aye, M�yor Nee decl�red the motion carried unanimously and the publac hearing closed at 8:32 p.m. OLD BUSINESS: 3. �NSIDII2ATION OF FIRST READING OF AN ORDINANCE APPROVING A REZONING, ZOP EJ�M�Ce�[1UFf:i�_�?�iM u� :��� � . � Mr. Robertson, ('�ununity Develognent Director, stated the Council tabled this itan at their June 20, 1988 meeting in ordc-r to allow time for the petitioner to arrange for werflav parking. He stated staff inet with the Q.'fl FRIDLEY CITY �IINCIL N�EPING OF JULY 11, 1988 � petitioner on June 30 and discussed four different elternatives. He stated these alternatives were to reduce the size of the building to accommodate _ eff-street �rking; to have the proposed t�nant hcicl their sales meetings off-site; to d�tain a g�rl� ng easanent from a neighboring property owner to use their lot; or to request assistance to construct another level of �rking. He stated sane progress was made in the discussions, but a final conclusion has not been reached. Ms. Stinski stated reducing the size of the building would not rie a feasible solution. She stated she spoke with adjacent property owners, Lynde Investment and Folk Street Irtvestment reg�rding a parking easement. She stated Lynde Investment was r,ot interested in gtving a�rl�ng easement and Polk Street Inves�nent stated they wouldn't have any problans with prc�viding an easement, but wanted to s�eak to their on-site rn�nager. Coimcilman Schneider asked if the a�rhnent building has ac�equate parking. Ms. Stinski stated there seens to be adec��ate parking av�ilable, however, the property max�ager wanted to check into it further. Ms. Stinski stated in speaking with their proposed tenant, Merrill Lynch Realty, they have meetings on Nbnday mormngs and need 2D parking spaces and on Tuesday mornings they need 40 parking spaces, otheitivise they do r.ot r�n„re a lot of p�rking as their enployees are out working zn the field. Councilman Billings asked for what length of time they would want an � easenent for �rl�ng purposes. Nh. Robertson stated as long as it was felt there may be a parking problem and Nierrill Lynch is the ter��nt of this proposed builchng. Coimcilman Billings stated he is concerned about creating a parking problem for those living in the adjacent residential area. Mr. Herrick, City Attorr�y, stated it may be well to check not only iE there is escess �rking at the apar�nent ccanplex, but if there is roan to enlarge the g-�rking lot. Coimcilman Schneider asked about the teizns of the lease with Nhrnll Lynch, Ms. Stinslci stated the lease would be for f_ive years with options to ren�. Councilman Billings stated he is not canfort�ble with having a first reading of the ordinance sub�ect to all the lunitations and wanted the opportunity to evaluate it more thoroughly. Ms. Stinski stated the Housing & Redevelopment Authority will not make a decision on any assistance imtil the Council rezones the property. Mr. Robertson stated the petitioner has submittcd a list of requests to the HRA, but they have tablcd it until Council acts on the rezoning. ' Councilrn�n Schneider stated if the Council rezones the praperYy and the HRA doesn't g�rtici�te with any assistance, he asked the petitioner if she would still proceed with the plans. Ms. Stinski stated the plans for the '� �,�,"D5 � � \� Rl FRIDLEY CPPP COUNCIL MEEPING OF JULY 11, 1988 � building are L�sed on HF,A assistance. Mr. Herrick stated if the Council rezones this property and this plan does not proceed, someone else may cane ]�ack with a plan that isn't as desirable, but nav the zoning has been changed and it m�y be hard to deny. NY�TION by Councilman Schneicler to direct staff to inform the HRA that the rezon�ng is approved, in concept, with the six stipulatiens as shan�n on Fage 3F of the agenda and with the additional stiuplation that a permanent solution to the g�rk�ng problern be cbtainecl either by an easement or p�rkinq ramp construction. Further, that the rezoning is contingent on this particular project proceeding. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MYPION by Councilman Schneicler to table the first reacling of this ordzn�nce. Seconded by Councilman Billings. Upon a voice vote, a11 voting aye, Mayor DTee declared the motion carried unanunously. 4. �NSIDERATION OF FIRSP RE�IDING OF AN ORDINANCE APPROVING THL AMEIVDMENT OF THE FRIDLEY CITY Q37�RTER. SEGTIONS 2.03 (ELECTIVE OFFICERSI, 2_04 (REGUL�AR Mr. Francis van Dan, 6342 Baker Street, st�ted at the last meeting he spoke on this same subject. He stated he is civic minded and has trled to keep � this discussion on the up and up, but unfortunately one fcllow �n the City chose to submit his ca[¢nents to the newspa�r. Councilm3n Billings stated Mr. van Dan didn't speak en this item at the time of the public hearing, haaever, he was given the oppoitunity to speak at the last meeting, He felt this is not the place to discuss �rsonal vendettas, haaever, if Mr. van Dan has sanetlung to c� scuss regarding this item he is willing to hear his cu[¢�nts, but is not concerned about his problems with another Eridley person. Mr. van Ik3n stated the City has been notified that there is no window and requested the Council consider tabling these Charter anendments until input is received fran citizen groups. Mr. Hunt, Assistant to the City Manager, star_ed at the last meeting stafi was requested to discern whether the Leayue of Women Voters would be interested in doing a study regarding the proposed amendmer.ts or if there was a limit to the pericd of time the Council could act on these proposed amendnents. N� stated heznet with the present and past presidents of the League of Wanen Voters and brought this matter to the attention of their manbership and they indicated a willingness to conduct a study. He stated they felt it woutd take until probably the early part cf December to study the m�tter and submit a reca[¢nendation to the Council. � Mr. Herrick, City Attorney, stated he has researched the statutes and doesn't find any specific time limitation. He felt a reasonable time woulcl be appropriate and it seems if the Council wishes to delay it ior a -7- � � ��T•F"� QTY OJUNCII, MEEPING OF JULY 11, 1988 reasonable periocl of time to allow additicnal input that woulcl be w�_thin their �urisdir.tion. Mr. Hunt stated the Charter Cacmussion has thE option to go directly to the voters if they so choose. He stated there are scme technical difficulties because the Charter Canunission needs another memi,er on the Commission ancl prabably would not have one until August so thcy probably wouldn't be ab]e to place it before the voters much sooner than they would get a response back fran the Cnuncil. Councilwanan Jorgenson stated if a study is done by the League oi Wcmen Voters and the Cat¢nission decides to place it on the ballot, lt probably wouldn't be until the Novenber, 1989 election, Nh�. Hunt stated either the Charter Commission or Council can call fo-r a special election for this iten. Councilman Schneider stated he would feel ccar�fortable *aith having the League of Wa�n Voters review this proposed amendment. He stated he doesn't have any strong opposition to the amendments and his only concerr is that he doesn't want the Ccnunission to look on this as a vote oi no wnfic.ence. NDTION by Councilman Schneider to table tlu s iten and refer it to the League of Wanen Voters for their study and report back to the Council, but, in no case, should the item be tablecl later than the first meeting in Januaiy, 1989. Seconded by Councilwcn�n Jorgenson, Upon a voice vote, all vcting aye, Mayor Nee declared the motion carried unanimously. 5. �NSIDERATION OF FIRSP READING OF AN ORDINANCE CITY C�i11RTER, SECTION 5.D9 OVING THE AMENDMENT OF OF CHARTER AMENDMENTS) MOTION by Councilman Schneicler to waive the reading ar.d apprcve the orclinance upon first reacling. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declzred the rnotion carricd i tna m mp�yS],y. 6. �NSIDERATION OF A VARIANCE, VAR #88-03, TO REDUCE THE WIDTH OF A SCREENING STRIP BE'IWEEN CL�MMII2CIAL AND RESIDII�fS'IAL DISTRICTS FROM 15 FEEP TO 5 FEET ON TI]E EAST ADID NORTH SIDES OF Tf� PROPERTY TO ALLOW THE CONSTRUCTION OF AN OFFICE COMPLEX ON LCYP 1. BLOCK 1, HILLWIND ADDITION, THE SAME BEING 941 � 7 )N LLYP 3, AUDITOR' S SIIE N.E.. BY Q-IERYL STINSKI NDTION by Councilman Schneider to table this item ancl bring it back with the rezoning request for this 7nrcel. Seconded by Cow�cilw¢nan Joraenson. Uz�on a voice vote, all voting aye, Mayor Nee decl�red the metion carried unanimously. f�NSIDERATION OF A VARIANCE, VAR #88-09 TO REDUCE THE DRIVEWEAY CORB OPENING TO THE NEAREST PORTION OF A RIGHT-OF-WAY FROM 75 FEET TO 42 FEET; TO REDUCE �.7�3_�a:��, e�y�.�«�y a � +�i� � i i � � 8. 1 FRIDLEY CITY �[INCII, MEEP]NG OF JULY 11, 1988 C� � Md� DRIVE-UP FROM 2 LANES TO 4 Mr. Rok�rtson, Ccn¢numty Develognent Director, stated these variances are requested in order to e�-md the rnm�er of drive-up winciavs fran two to four at 'Itvin City Federal's facility at 5205 Central Avenue. He stated there wovld be one way to enter the facility and two ways tc exit. He stated staff, the Skywood Mall representative ancl the petitioner agreed on an overa7.l master plan for the site based on the petiticrner su�nitting a final engineerng drawing that confonns to the schanatic drawing. Councilman Billings stated he wished to canpliment staff an their efforts and `IWin City Federal for trie entire layout wlvch zmpraves their facility. Nh. Galush, representing 7ivin City Federal, stated they are canfortable with the plan, but hasn't had the opportunity to present it to the 'IFvin City Federal management. He also complimented the City staff that bent cnser backwards to vaork out solutions that were meaningful for even�one. He felt the imprwenents would be good for Twin City Federal, Skywood Mall and the City. Councilman Billings asked if they were comfortable with the eight stipulations rec�enended by staff and Mr. Galush stzted he has no problem with Yhat. MYPION by Councilman Billings to grant variance request, VAR #88-09, with the follocving stipulations: (1) 'Pn*in City Federal will wcrk with Skywood Mall to acquire a separate entxance for the clrive-through operation; (2� 'Itvin City Federal will install necessaiy curbing, landscaping and spnn�:ling as indicated on the approved plan; (3) Twi.n City Federzl will wark with Skywood to acquire and imprwe the parking area for bank_ enployees; (4) 'Itain City Federal will provide adc$ tional landscap�ng �ust west of the existing easterly border alcmg with autanatic sprinkling; (5) `Itvin City Feder3l wi11 develop and seek approval for a directional sicrnac�e progr�sn for the proposed circulation systen; (6) `IWin City Federal will work with staff to improve the screemng for the dtunpster and utility equipment located on the r.orth end af the site; (7) �Fvin City Fecleral will supply a performance hond in the Gmount of $1Q,OQQ to cover the agreed ugon site unprov�aents; and (8) a11 of the outlined improva[tente will be installed and functianal prier tc the operation of the e�anded drive-through area. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting ape, Mayor Nee declareo the motion carried unanunously. RECODIFYING THE FRIDLEY CITY CODE CHAPTER 214, ENTITLED Mr. Robertson, Cacununity Develognent Director, stated the Council on June 20, 1988 appraved the first reading of this ordinance whzch amends the section of the code referring to porta-p�nel signs. He stated one question was hcsn� these signs would be regulated. He stated to solve this problem, -9- t�� 18 ��� ,t3 FRIDLEY CITY �[TNCII, MEEPING OF JULY 11, 1988 ' the follacving sentence has been insertecl, "r'�11 temporary siln permit applications must be signed by said property owner or designated manager before processing can begin." Councilman Fitz�atrick asked if you had a shopping center with 11 to 15 businesses, if they could have four permits each a year. Mr. Robertson stated a shopping center witri 11 to 15 businesses coulcl displ�y a porta-panel for 14 days, four times per year and it would be up to the manager to decide which of those businesses would get that privilege. Councilwanan Jorgenson asked if the ordinance rc-lates only to businesses and not private residents in the City. Mr. Robertson ansuiered in the affirmative. Nir, Herrick, City Attorney, stated he is satisfiec� the way the ordinance is written, ha.acver, if a problan arises in the future, the ordin�nce n1�y havE to be reviEwecl. Couneilwcanan Jorgenson stated it is an ac�nimstrative ni117�iare for stafi to enforce an ordinance for porta-panel signs. She st�ted earlier this year, a person had a porta-panel sign advertasing an estate �le and it tcck several days to find who was responsible for the si1n. She stated she would like these la�nned in the City. Councilwcmzn Jor�enson stated unless you drive through the City evezy day, there is no way to know if you have illegal signs or not. ' Councilman Billings asked if there are illegal sicros if the City could confiscate than and charge to have them returned. Mr. Herick stated he would prefer to see a citatien issued and let the 7udge decicle the action to be taken. N'ayor Nee stated with the new language added since the first reacling, if an amencknent is rFrn„ red to insert it. Mr. Herrick stated the motion on second reading should specify it is as amended in the agenda. Councilwanan Jorgenson stated there was no input frcmz the Chamber of C`onrtnerce if they were in favor of these signs and she wculd have liked their car¢nents. Councilman Billings stated he believed the Ceuncil recacmiended the Planning Commission review the ordinance with a view to potentially banning porta-�nel sions altogether and the Commission decided this was the ordinance they wished to reccnrtnend. Councilman Fitz�trick stated even though the Planni.ng C�nission was asked to ccme up with a reca�¢nendation, he felt in the back of the Council's mind was to proceed in the other dir�tion and not pernut then in the City. ' Mr. Herrick stated not only porta-panel silns are included in this ordinance. He stated such it�ns as searchliyhts and kx�lloons are included -10- 1 � � 9. FRIDLEY CITY WUNC7I� MEEPING OF JULY 11, 1988 which do draw attention to new businesses. Councilman Schneider stated he can see an cccasional use for a porta-panel sign, haaever, his concern is the abuse of them. He stated he wouldn't have a problan asking businesses to revie,v the arclinance. Mayor Nee stated this ordinance is easier to understand and prcbably easier to enforce thar the olcl orcunance. N%YPION by Councilman Billings to waive the reading and adopt Ordinance No. 913 on second reading and order publication, as amencled, by adding the follaving language in Sections 214.10.06.B; 214.11.06.B; and 214.12.06.B - "All tanporazy sign peimit appl�_cations must be siqned by said property aaner or designated m�nager before processing can begin". Ftarther, to �nend Section 214.02.24 by eliminating the word "signs" at the end of the first �ragraph and inserting a colon after the word "to" and adding the words "A sign" under Itaa� A and B; adding the word "signs" under It�n D; and adding the words "A sign" under Itgn E. Seconded by Coimcilman Schneicler. Upon a roll call vote, Councilman Billings, Councilman Schneider and Nr.avor Nee voted in favor of the motion. Ceuncilworian Jorgenson and Councilman Fitzp�trick voted against the motion. Mayor Nee declared the motion carried by a 3 to 2 vote, �w susz�ss: CONSIDERATION OF REAL ESTATE DEVELOPMENT SIGNS FOR RIVERWOOD PARK D�,'VEL�OPMQ�TP: Mr. Robertson, Community Development Director, stated Mr. Madison of Tollefson Construction, Inc, is requestinr pernussion to erect four off-slte real estate develognent ch rectional signs for the Rivennood Park_ develo�nent at 71st A�enue and Fast River Road. He stated apparently the closing of Fast River Road has made it difficult to direct custaners to the site, Mr. NE-�cU son stated they previously have hacl five er six people visiting their develoXrnent during the week and 12 or 13 on the weekend, however, thcy naa only have about one during the week and three or four or. the weekend. N,�r. Madison stated they need same directional siqns to advertise the�r develognent. Mr. Rd�rtson stated these siclns would be placed on private property and it would be necessaiy to obtain permission from the property awner and they must be located ten feet frcm any property lir� or drive.aay. hIlTION by Councilman Fitzpatrick to approve this request for four off-site directional sians for the River*aood Park development with the fellowing stipulations: (1) petitioner must place the clirectional silns on private property and it is necessaiy to obtain permission from the prcperty owner and (2) all signs must be located 10 feet frorn any prcperty ]ine or drivevaay. Seconded by Councilman Billings. Councilman Billings stated he would like NIr. Madison to approach the -11- 4S��J��� ' ' 1 10. FRIDLEY QTY �iINCII, MEETTING OF JULY 11, 1988 praperty aaners with the attitude that he needs their �ei-mission to install these signs. Mayor Nee stated the code has already been violzted as signs were placed all over the property. Ns. Madison stated they are neva to the Riverwoocl Park development and are not the ones who erected the Rivenaood Park signs. Nk�yor Nee stated he apologizes and was glzd th� came irifor the perrut. Councilman Billings stated he had the same feelings as the Nlayor anc� was the reason for his previous ccmunent. Upon a vioce vote taken on the above motien, all voted aye, and Mayor Nee declared the motion carried unanunausly. • d ��I�.��4. Y,� �� •�, .•a:tl _ _ ._ � _ e�31C VACATE Tf� 12 FOOT ALL�'Y IN BLOCK 5, HYDE PA.RR, LIIVE OF L(7P 22, EXTIIVDED EASTERLY AND SOUTH OF EXTII�7DID F��I'ERLY; ALL LYING EA.ST OF AND AUTOINIS PARK. G�'RATLY LiCJJC'ATID BEIVv'EQQ�l1 61ST AVEN[TE AND STREEP AND UNIVERSITY AVEN[IE, BY WAYl� JOHIVSON: LYING NORTH OF THE SOUTH THE NORTH LINE OF LOT 30 3 L�OTS 22-30, BLOCK 5, HYDE )TH AUENCTE AND BETWEEN 3RD Mayor Nee stated the doc�nent to be �nended should be brought back to the Council at the next �eting. NDTION by Councilman Billings to table tYi�s item until the next regular meeting. Seconded by Cot;ncilman Schneider. Upon a voice vote, all voting aye, Nk�yor Nee declared the motion caried unanimously. 11. REVIEW OF A SPECIAL USE PERMIT, SP #88-02, TO ALLOW A BILLIARD, AN ARCADE AND A SNACK BAR, ON I�OTS 4, 5 AN� 6, BLOCK l, PAO� INDUSPRIAL PARK, Tf� GA�' BEING 7178 UNIVER.SITY ASIENOE N.E.. BY GREG ASPRdPH: � Mr. Rd�ertson, Carununity L�velopment Director, stated the petitioner called and stated he was is�able to attend this meeting and asked that this itezr be tabled to July 25, 1988. NCYI'ION by Councilrn�n Billings to table this item to July 25, 1988, Seconded by Councilman Schneider. Upon a voice vote, all vcting aye, Mayor Nee declared the motion carried unanunously. 12. CONSIDERATION OF A SPECIAL USE PERMIT, SP #88-04, TO ALLOW PRIVATE, NONPROFIT CL,LTBS, TO ALLOW AUTOMOBILE PARKING ON ADSACENT LAND ON LOT 1, BLOQZ l, IIARSTAD ADDITION, AND THE SOUTH 95 FEET OF LOTS 14 AND 15 PLUS OUTL�C/P 1, IIARSTAD ADDITION, ALL GIIVERLLY LOCAT�D AT 6831 HIGHWAY 65 N_E.. BY NORTH AIR HOME ASSOCIATION (KNIGHTS OF �LUMBUS): Mr. Robertson, Cc�ununity Develognent Director, stated this r�uest is for a special use pexmit to allocv the Knights oi Coltunbus to e�and their parking lot by constructing additional �xrking sp�ces on ad�acent land. He stated -12- ��d�� #J�� i ������� ERIDLEY CITY �iTNCIL MEETIIVG OF JULY 11, 1988 ' the Plann�.ng Con¢nission revi�n*ed this rc�uest a..nc� reca��nded approval with certain stipulations to wYuch staff is recanmending scme minor c:hanges. Mr. Rc�bertson stated the stonn drainaqe plan was submited and approved by the Engineering Department, Mr. Richard French, representing the Knights ci- Columbus, stated the stipulations recommended by the Planning Commission wcre acceptable, ha,acver, the stipulation for the parking lot to contain four islands cn the south of the p3rking lot would pose a problan. He stated they r,ave only cne direction in which to mwe snaa wlnch is to the east and the isl�nds would m�ke snaa ranwal almost unpossible, Mr. Robertson stated the islancls are mostly for aesthetic purposes anc1 woulcl have sane effect on channeling traffic in thc �rk_ing lot. Co�mcilman Schneider asked about the landscaping. Mr. Robertsen stated the landscaping is essentially on the perimeter. Mr. French stated they originally were looking at a completion date of Septerl�er 1, 1988, havever, it is nav Suly anci Septanber may be too early. He felt the landscaping prolx bly shouldn't be installcd until next spring due to the drought conditions. MYPION by Councilman Schneider to concur with the u�animous recommendation of the Planning Ccaunission and grant special use pernut, SP #88-04, with the � fo1lcN.ing stipulations: (1) install landscaping and auta�tic irrigation as per City apprwed plan by May 15, 1989; (2) install six inch hilh concrete curbing along the peruneter of the existing �rking lot and proFosed �rkzng lot by Octber 1, 1988; (3) slat chain link fence along the eastern property line of Pxisting �nrking lot. Additional screeninG ience to be installed along eastern property line when property to the east develops; (4? install solicl wood privacy fence all along eastern property line of the new par]cing lot upon canpletion of lot; (5) resurface and stripe parking lot to meet Cocle; (6) supply a perfozmance bond or letter of credit in the amount of $10,000 prior to construction. Seconded by Councilwanan Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motlon carried unanimously. NF�yor Nee asked staff to revic�a the or�e way street in front of the Knilhts of Coltunbus builcling to revie.v why it is orLy one way and determine Lf it should be changed. 13. CONSIDERIITION OF AN ITII�S FROM THE JUNE 28, 1988 APPEALS CONMLCSSION MII�IU'I'ES: A. ROM � FEEP TO 10 F TC7 AN R-1 DISTRICP � OF A STORAGE SHID/DISPRICT BUFFER AND IlKPROVED SCREE�IIlVG FENCE, ON I,OT 9, AUDITOR'S SUBDNISION NO. 94, THE SANIE BEII� 5351 CEL�PRPi� AVEIQUE N.E. , BY MEbIARD, INC. : -13- ��1�3 FRIDLEY CITY �OUNCIL MEE,TIII�G OF JULY 11, 1988 � Nh. Rd�ertson, Ca[¢nunity DeveloFarient Director, stated this is a request for variances by Menard's and an attempt to solve a problan in a reasonable way. He stated in conjunetion with these variances, there zs also a request for a special use pennit for e�ansion of the outside storage. He stated the petitioner is proposing to construct storage buildings instead of a fence along the east pro�rty line. He stated this will r.ot only enlarge their storage capacity under the cover of the roof, but will prcvicle a sound absorbing barrier between Menard's and the residential area to recluce the amount of sound that escapes the site. Mr. Robertson pointed out on a drawing the types of builclings to be constructed and noted Buildings A are 19 feet lugh and builcLings B and C are 34 feet high. Mr. Robertson stated a letter was reCeived fran David Kelso of the I�llution Control Agency who re�rieaed Menard's plans and stated it appears what they are proposing could have sane noise reduction value. He statect in order to reduce noise you have to control the source, interrupt the �th of travel or treat the receiver. He stated Menard's is proposing to interrupt the path of travel and the most effective way to accomplish this is to place a barrier so the line trE sight is broken between the noise and the receiver. M�. M�y Matthews, 1259 Skywood Lane, stated she would lik_e to know the elevation of the resiclential hanes and Menard's storage yarcl. She stated she spoke with Dave Kelso today and he is not a sound engineer. She stated � the reason he used the language "noticeal�le differences" is because he has no way of calculating it because that isn't his expertise. Ms. MattYiE�ws stated two so�md engineers were reccn¢r�nded to Nl�nard' s for an opiriion of their plan and design of their buildings. She stated the question t� be answered is hara much sound would be reduced. Ms. M3tthews stated one souncl engineer quoted about $250 for a review and another about $2,500. She felt if Menard's was spending $250,000 on their pro�ect, they could pay these costs. Councilman Billings stated Dave Kelso had submitted two r�zmes of sound engineers, A1 Perez and Dave Braslav. H� stated he spoke with Mr. Ferez and he indicated for a fee aP $220-$30D, he wou7d review the plzns of P�nard's and make a determination as to hav much sound would, in fact, abzte or be eliminated, if the City had some kind of sounc� figures for his use. Councilnan Billings stated Mr. Prochaska spoke wtth ➢ave Braslow and he quoted a figure of $2,500-$3,000 for a study. Mr. Prochaska had stated Mr. Braslav also advised that the Fbllution Control Agency could do the same revie,a at no charge, but it had to be at the City's request. He star_ed he �d not see Ms. Kelso's mano until this ecening, but was disappolnted it wasn't a detailecl study of the tg�e which would have been submitted by one of the sound engineer�. Councilman Billings felt the study by a sound engineer was important to know whether cr not P�enard's plar,s will be effective in reducing the noise level. � Mr. Kelso, Pollution Control Agency, stated he would like tc clear up several itens. He stateci the Pollution Control A�eney cltcl not indicate tney could do the same job as I�. �rez or Dr. Braslow as he stated they are not -14- �,�,��w� FRIDLEY CITY �JNCII, MEETING OF JULY 11, 1988 � in the business of canpeting with private consultants. He stated he m*as ve�r cautious and did not say lxacv this plan wou]cl reduce the decibels. He stated he didn't enter his opimon on Menard's behalf, but by the City's request. Ms. Kelso stated the reason in the discrepdxlcies in the censult�nts' fees is because Mr. Perez is assuming data would be available on var�.ous noise sources and Dr. Braslaa is asstuning no clata would be available which he would have to collect. Councilman Billings asked if there was arnj way to determine the amount of uripact noise. Mr. Kelso stated you can measure impact noise by drapping scmetlung, measuring it and, by tables, calculate haa m�t�_h is absorbed. He stated if a wall is constructed in back of A� nard's, there will still be noise in the residential area, but it will be more svbdued. He stated the consultant would prwide a quantitative engineering repart that, in their best estimate, would shav how much reductien in decibels would be achieved. He stated im�ct noises are the hardest to cmit. Councilman Billings asked Mr. Kelso if, From nis experiences, Menard's proposal would have a meaningf ul effect on reducing noise levels. Mr. Kelso stated he would venture to guess �t wouid hace about a moderate effect. He stated the elevation of the hcmes is still fairly lugh and them are other areas that are open. He statecl barriers change the level of � tolerance, but it will not be quiet for those resiclenti�l hanes. Councilrn3n Sillings felt the residents do not expect it to be ciuiet, but sane kind of assurances that it will have a noticeable effect. Mr. Kelso stated this is �ust his opinion and he cannot substantiate that without making the calculations. He stated anyth�ng that interprets the path of travel of the sound decreases decibels. He felt at most it may be a two or three, possibly four, decibel reduction. Mr. Kelso stated mass is what reduces noise. He stated anything that is fairly massive in the sheetrock category that is two or three layers and filled with insulation would provide a sound barrier. He stated the more activities that disa�pear behind the barrier, the better as mare souncl travels up to the residences, if the area is open, Mr. Robertson stated in reyard to the elevations, the level at the harcl surFace area in h�nard's is 930 and at the cul-de-sac on the hi11 it is 990. Ms. Nk�tthc�vs stated hex basement is at 992. Ms. Mattheas stated she would probably like to see less spent on appe�sancc-s and more on measures to reduce the noise levels. She asked hcw different forklifts may reduce the noise level. Mr. Kelso stated gas paaered forklifts are noi�ier than electrical or � pnetunatic devices because you are rewing the engine. Mr, Prochaska stated they operate diesel und gas fork_lifts. Ne stated -�J� � � � a���t�:i FRI➢LEY CITY �UNCII, NNIEEEPING OF JULY 11, 1988 electrical forklifts may be quieter, but woulcln't operate in the winter months. At this time, 11:04 p.m., Councilwoman Jorgenson was excused fram the meeting. Dr. Carl Heggestad, 1258 Skywood Lane, stated h� ho�ed an e�^-rt cpinion is ck�tained regarcU ng the noise. Ne stated in reducing noise, other items tc reviEw may be the hours of operation and use of am ;gnent and loudspeakers. Co�cilman Billings stated when he spoke with Nh�. L�rez, he was looking at a reviEw of Menard's pl�n as opposed to crsning up wath a design. He stated Mr. Perez quoted a fee of $45-$55/hour depencv.ng on the level of canpetence of the staff person who would have to take some readings. Councilman Billings asked Mr. Kelso if readings weren't available, haa many hours would it take to d]tain this information. Mr. Kelso stated prcYaably one to two hours would be sufficient. Councilman Billings asked Mr. Prochaska if he would be in facor of a shared cost study. Mr. Prochaska stated he really would not be in favor, but liked the idea of a goverrnnental agency revieving the pl�n, as he felt this would be more unp�rtial than hiring a consultant. Councilman Billings stated he would be in favor of a cost sharing for a reviecv by a soimd engineer to determine if it is practical to install a wall. Mr. Prochaska stated the operation is not going to change and that is why they are proposing sanething that will interrupt the noise and a study will not change that fact. NDTION by Councilman Billings to table this italn and cU rect staff to contact the two sound engir�ers, A1 Perez and Dr. Braslaa, and obtain a reasonable estimate to accanplish what has been discussed. Seconded by Councilman Fitz�trick. Upon a voice vote, all voting aye, Mayor NeE c?eclarea the motion carried unanimously. 14. RECEIVING 'I'HE MLNUTES OF T1-IE PI,F�7NII�TG CODM�ISSION MEETING OF JLINE 22, 1988: A. C$ai� ww:i�y_wi�����e� 94 NDTION by Councilman Billings to table this item. Seconded by Councilman Fitz�atrick. Upon a voice vote, all voting aye, Mayor Nee decl�red the motion carried unanimously. RECESS: Mayor Nee called a recess at 11:40 p.m. REWNVII�IED: -16- � � � t;i�-� � ��T.F'�' CITY COT7NCII� ' PING OF JULY 11, 1988 Mayor Nee reconvened the meeting at 11:�3 p.m. Mayor Nee, Councilman Schneider, Councilman Billings and Councilm�n Fitz�trick were present, � [�7ai_rt •�[�?VM[iy1��Cil I�7'VYJI�i�A1L�41: al� �i TiS7:<Sy/�faCfL 8-Ol, TO VACATE A SIX FOCYP IN DOCUMEI�T 268274 IN BOOK �� 4 1 •N►�:�I: M�I H4�IC� NDTION by �uncilman Billings to set the public he2ring on this vacation request for July 25, 1988. Seconded by Councilman Fitzpatricic. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. A40TION by Councilman Schneider to receive the minutes of the Planning Ccn¢nission meeting of Sune 22, 198II. Seconded by Coi;ncilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the metion carried unanimously. 15. RECENIl�TG Tf� NIINUTES OF Tf� Q�PER. �I�IISSION ME�PING OF APRIL 25, 1988: 16. MOTION by Councilman Schneider to receive the minutes of the Charter C�m.ssion meeting of April 25, ]988. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee c3eclared the metion carried unanunously. Mr. Hunt, Assistant to the City Manager, st�ted the Hun°�an Resources Car¢ro_ssion has c�itted their recommendations for Community Develo�nent Block Grant funcls and they are contained in this resoluti_on. He stated last year the County rcxn,;red contracts be signecl witl-i the recipients of these funds and staff would like this done as soon as posslble. He stated this resolutian would authorize the Nk�yor and City P�anaser to enter into these contracts with the organizations. Ms. Sherek, C1�airman of the Hiunan Resources C�mussion, stated the requests received for this funding far exceeded the funds. She stated one area of concern was the Senior Citizens as the Ccn¢cussion recc�ciended no funcung for purposes they requested. She stated, however, over 25% of thc funds expencied are directly for Senior Citizens in Fridley. Ms. Shere}z stated the C�crtnission felt strongly in providing func�ng for mental health since the Courzty dcesn't have a specific ment�l health center. Councilman Fitzp�trick stated the largest arnount of iunding was for the Senior Outreach Worker and the �nount seems to be about doubled from the salary ef this person. Ms. S'herek stated about 80=e is for the salaiy and the other is for benefits, training, and �pennzork. -17- � z \i � f ��•F"/ CITY CpONCIL MEEPING OF JULY 11, 1988 � Cotmcilman Fitzpatrick stated he raises this question because there are cities who don't make any contribution to financing an Oatreach Worker, but _ yet they have such a person. Ms. Sherek st�red she was not familian c��w other cities pravic3e funding for such a perscn. She stated an Outreach Worker is available throuqh Anoka County Socizl Services, but not for the sole function of the Senior Citizens. Councilman Fitz�trick stated he has no problem with tt?e Outreach Wor]cEr, but is bothered by tku s figure as other cities have them without mal;ing a contribution fran Ca�rtnunity L�velognent Block Grant funcls. N's. Sherek stated if the Commission takes ACCAP's budJet at face value, about 80� of this funcling is for the Outreach Worker's salaxy. NDTION by Councilman Fitzpatrick to adopt Fcesolution No. 53-1988. Seconded by Councilman Schneider, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. �NSIDERATION OF A RESOLUTION APPROVIlVG TI-lE N1[9DOT PLANS, SPECIAL PROVISIONS, AND SPECIFICATIONS FOR Tf� �2PROVII�FP OF TRUDIIL HIGHWAY 694 (PHASE III) : Mr. Flora, Public Works Director, stated this resolution is for Phase III of the Niinnesota Department of Transportation's improvemenY_ of I-694. He stated this work includes the bridge widening ar.d pavement repl�cement between East River P�oad and HigYavay 65. � Councilman Schneider stated he still had concerns regarding the landscaping which was promised by MnPOT as part of this prc�ect and would like a representative to ccme to the Council meetir.g. 18. A'IJ'i'ION by Councilman Schneicler to table this itan. Seconded by Councilman Fitz�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RID BRICIt MEDIAN PAVING ON EASP RlVIIt ROAD NEP.R 'PHE INPERSECPI01� OF I-694 Mr. F7ora, Public Works Director, stated staff has been working with thc L�partment of Transportation to incorporate red bricl� in the new section of median on East River Read. He stated this resolution apprwes the ayreFSnent with the De�r�nent of Transportation for the installation of this brick. N�TION by Cotmcilman Fitzpatrick to adopt Resolution rlo. 54-1988. Seconcled by Councilman Schneider. Upon a voice vote, all voting aye, N,ayor Nee declared the motion carried nnam mously. 19. RESOLUTION N0. 55-1988 ESTABLISHING A LAWN S17RINfQ INC� AND IRRIGATION WAT�R ' Mr. Flora, Public Works Director, stated the City's deep well aquifer lost approximately 40 feet in the last several months and 13 feet was lost in the shallav wells. He stated three of the wells are gettang ciose to losing -18- � � � �.�w��8 FRIDLEY CITY C�D[TNCII, D�EP]NG OF JULY 11, 1988 water. Mr. Flora stated along with these prcblans and the dFSnand on the filterzng systen, as well as the publicity £or conseroing water, staff is recca�anencling the Council adopt this resolution to establish an odd/even sprinkling program and to prohibit sprinkling or irrir,ation oi lawns from 3 p.m. to 9 p.m. daily. Ee stated if this resolution is adopted, the news medi� ancl Focus will be notified. Ne stated several weelcs a10 the City called Lor a voluntazy ocld/even progr�n. P2�TION by Councilman Schneider to adopt Resolution Ne. 55-1985. Seconded by Councilman Fitzpatrick, iJpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Hill, Acting City Manager, stated persons in violation of the sprinkling ban would be given a notice the first time of a violation and if there is a seconci c�ffense, a citation would be issued. Mr. Flora felt if there is sane publicity ancl �eople are aware ef thi� l�an, they will conform. He stated the City has taken some steps to conse-rve water also by shutting down tl-ie top fow�tain at the Civic Center and switching al] the �rk sprinklers to an odd/even program. Councilman Billings stated he received several calls frcan constitutents en the water use naN that may affect the water in the iuture. Mr. Flora stated the water is being analyzed havever, far the most p�rt, the water c�uality isn't really bezng affected, 20. C17NSIDERATION OF AWARDING Tf� CONPRACP FOR STREET IMPROVEMENT PROJECT ST. 1988-1 & 2: Mr. Flora, Public Works Director, stated blcLs for this impravement prcject were opened on June 1 and four bids were received_ He stated the bids were divided into �rts with Part A for improvenenLS on Rice Creek Road; Part � is for the satellite fire station p3rking lot, Higlrway 65 east seivice drive and Viron Rasd lighting project; and Part C is for the imprav�nent on Slst Way. I�. Flora stated the City is still working with FMC ar_d the Department of Navy to abtain approval for asses�nents on the Slst Way imprcvemer.t. He stated if the Navy agrees with the project, staf i will requesT_ the CoLmcil award this portion (Part C) at a later mc-eting, He stated staff wculcl reccnucGend Council award Part A and Part B oi the bicls to the 1 aa biclder, C.S. McCYossan Construction, Inc, for a total of $£351,807.20. Mr. Flora sLated the City has received confirmation that the Dep�rtment of Transportation will approve the Rice Creek Road prcject and staff woi�ld reccn¢nend Part A be continent on the Dep�rtrnent oi Transportation's appruval of this project. N�TION by Councilman Billir_gs to receice the following bids for Street -19- ' , � FRIDLEY CITY C17i1NCIL MEEPING OF JULY 11, 1988 Improvanent Project ST. 1988-1 & 2: . . • ��• C.S. I�Crossan Construction BaY 1240 7865 Sefferson HigYxvay Maple Grove, MN 55369 Forest Lake Contracting 14777 Lake Drive Forest Lake, MN 55025-9461 I-Iarclrives, Inc, 7200 Henlock Lane N. Maple Grwe, MN 55369 Atexander Const. Co. , Inc. 9050 Sefferson Trail Inver Grove Hgts., MN 55075 'ICYI'AL BID Part A.$ 780,035.65 Part B. 71,771.55 Fart C. 264,493.70 ZYYI'AS, $1,116,300.90 Part A.$ 819,109.48 P-�rt B, 73,497.D0 Part C. 271,142.65 `IC�TAL 51,163.749.13 Part A.$ 825,937.90 Part B. 78,506.50 Past C. 268,567.35 `lYIPAL 51,173,011.75 Part A.$ 879,734.20 Part B. 78,540.64 Part C. 288,7a3.50 �'PAL $1,247,058.34 i�i;��� Seconded by Council�n Fitzpatricic, Upon a voice vcte, all voting aye, Nayor Nee declared the motion carrieci unanurously. PDTION by Councilman Billings to award the contract to the low biclder, C.S. McCYossan Construction for Parts A and B in the amount of $851,807.20, contingent on the Minnesota De�rtznent of Transportation's appruval for the Rice Creek Road project. Seconded by Councllman Fitz�trick. Upon a voice vote, all voting aye, Nk3yor Nee declarecl the motion carried unanunously, 21. Q�NSIDERATION OF AO�UIRING TAX FORFEIT PROPII2TIES NOS. 50 AND 51: NDTION by Councilman Fitzp�trick to authorize the acquiring of tax f orf eit properties Nos. 50 and 51. Seconded by Councilman Schneider, Upon a vcice vote, all voting aye, Mayor Nee declarecl the motion carried unanimously. 22. �NSIDERATION OF WAIVING SPECIAL ASSESSMET7PS ON I�C7P 27, BLOCTZ 7, HAPQILTON' S ADDITION TO MEQ-IANICSVIT,LE: Mr. Flora, Public Works Director, stated Anolca County h�s informed the City that the special assessnents on this taa� forfeit �rcel exceed the value of the p�rcel. He stated the specials are $1,068.93 and the lot has a market value of $400. Mr. Flora stated, in the past, the Council h�s waived special assessnents on similar ta�c forfeit pro�erties to help ger_ them back on the ta�� rolls. NY7PION by Councilman Schneider to apprwe the vsaiving of special �ssessnents on Lot 27, Block 7, Hamilton's Addition to Mechan�csville. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee -20- 1 23 24 �}�� 20 FRTr�,�'v QTY d�UNQL MEE,TING OF JULY 11. 1988 declared the motion carried unanunously. �NSIDERATION OF Q-IANC;E ORDER N0. 4 FOR ST. 1986 - 1& 2 E Mr. E1ora, Public Works Director, stated the HRZ� at their June 9 me�ting approved this $1D,000 t�npor-�y parking lot ta provide parkir!g facilities during the Plaza Center ramp construction. He st�ted it is rec�ranencled the Council authorize this change order for the temporaiy �rlcing lot. NY7PION by Councilman Billings to authorize Change Order P]o. 4 with H& S Asphalt, Inc, for ST. 1986 - 1& 2, Phase II be adding $10,OOD. Seconcled by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayer nTee declared the motion carried unanunously. OF CHANGE ORDER N0. 5 FOR LANDSCAPING, IRRIGATION Mr. Flora, Public Works Director, stated lt is necessazy to add 35 sprin7;7er heads and xelated lines and wiring to adequately cover irrigation along the residential area on the eGst side of the Lake Pointe site and along West Moore Lake Drive. He stated a price has been nefotiated with the contractor, Minnesota Valley Landscaping, for these changes and staff would reca�unend Council authorize this change ord�r. , M7PION by Councilman Billings to authorize Change Order No, 5 with Priinnesota Valley Landscaping, Inc, in the amount of .�',7,285.20 ior addltional grading ann irrigation heads, subject to Housing & Redevelognent Authority approval. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayar Nee declared the motion carried unammously. � 25. APPOINPN�NI': CITY EMPLOYEE: hDTION by Councilir�an Schneider to concur with the follcwing appointment by the City Nl�nager: Q Steven Barg 619 Baxter Street Cnamplin, MN 55316 EQSITION Code Enforcenent OEficer/Planning Assistant (exemPt) S"PAR'i'IP7G SPARTING SALARY DATE REPLAC�S $22,433 per year July 5, Cccupies vacant 198H position of Admimstrative I�.ssistant tenporarily reallccated frcae the City Mgr's. Of f ice Seconded by Councilman Billings. Upon a vcice vote, all vcting aye, Mayor nTee declared the motion carried »nanimOUSly. -21- ' �k�J�� ERIDLEY CITY CCJUNCII, MEETING OF JTTLY 11, 1988 26. CLA7MS: MYPION by Councilman Schneider to authorize payment of Clauns No. 21095 through 21431. Seconded by Councilman Biliir.gs. Upon a voice vote, all voting aye, Nl�yor Nee declared the motion carried unanunously. 27. LIC�TTSES: NDTION by Councilman Billings to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilrran ScYuieider. Upon a voice vote, all votir.g aye, Mayor Nee decl�reG the motion carr�ed unammously. 28. �STIMATES: NDTION by Councilman Schneider to approve the estimates as subnitted: Herrick & Newman, P.A. 6401 University Avenue N.E. Fridley, MN 55432 For Senrices Renderecl as City Attorncy for the Month of June, 1988 . . . . . . . . . . . . . $ 3,636.OD S�nith, Suster, Feil�na, Malmon & Haskvitz � 6401 Umver�ity Avenue N.E. Fridley, MrV 55432 For Sezvices Renclered as City Prosecutor for the Nbnth of Nk1y, 1988 . . . . . . . . . . . . . . $ 8.795.3D Canunon Bros., Inc. P.O. Bc� 83 Rogers, I�i 55374 Sprin�rook Nature Center Pond Impro�ranent Pro�ect #173 FINAL ESTIMATE . . . . . . . . . . . . . . . . . . . $22,374.19 H & S Asphalt, Tnc. 700 Industry Blvd Anoka, M�V 55303 Street Imprwenent Project ST 1986 - 1& 2 Estimate No. 10 . . . . . . . . . . . . . . . . . . . $ 9,756.12 Minnesota Valley Landscaping, Inc. 9700 Bush Lake Road Minneapolis, MN 55438 Pso� ect No. 168 Estimate No. 12 . . . . . . . . . . . . . . . . . . . $�4,295.80 � E. A. Hickok & Assoc. 545 Indian Mound -22- � 'LFIJ` I.N i.r FRIDLEY CITY �INCb �'�'Tn➢"= OF JULY 11, 1988 Wayzata, MN 55391 Project No. 168 I�y Estimate . . . . . . . . . . . . . . . . . . . . $ 451.25 SEH 222 East Little Canada Road St. Paul, MN 55117 51st & East River Road April Estunate . . . . . . May Estimate . . . . . . . . . . . . . . . . . . . . $ 1,284.33 . . . . . . . . . . . . . $ 188.22 1,472.55 Sunde Land Suxveying 9001 Blocmington FreeVvay Bloanington, MN 55420 Taka Fointe Corporate Center June Estimate . . . . . . . . . . . . . . . . . . . $ SC7.5d Seconded by Co�mcilman Fitzpatrick. Upon a voice vote, a11 voting aye, A"ayor Nee decl-ared the motion carried unanunously. � ��tiC�lil i�lul�l� i � MOTION by Cauncilman Schneider to ad�curn the meeting. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor DTee declared the motion carried i�nan;mously ann the Regular Nr�eting of the Fridley City Council of Ju1y 11, 1988 adjourned at 12:28 a_.m. Respectfully suY�nitted, , / ` � / � �,.�f tir�c` i �,r�� ,/�,������ � �� _P� � f' Carole Haddad William S. Nee '� Secretazy to the City Council Mayor APPrvaed: ' -23-