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09/26/1988 - 00010578•'�12� � THE YdINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 26. 1988 The Regular Meeting of the Fridley City Council was called to order at 7:37 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilman Billings, Councilman Fitzpatrick, Councilman Schneider and Councilwoman Jorgenson MEMBERS ABSENT: None PRESENTATION BY FRIDLEY VFW POST 363: Mr. Larry Rundle, Commander of the Fridley VFW Post 363, presented a check for $11,500 to the Fridley Fire Department to further their training and equip their pickup truck. � Mr. Aldrich, Fire Chief, extended his thanks and appreciation to the VFW for this generous donation. Mayor Nee stated, with this contribution by the VFW, they have supplied both the truck and apparatus to equip this vehicle for the Fire Department. Mayor Nee and the Councilmembers extended their thanks to the VFW Post 363. APPROVAL OF MINUTES: COUNCIL MEETING. SEPTEMBER 12, 1988: MoTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COUNCIL MEETING. SEPTEMBER 19, 1988: MOTION by Councilman Billings to approve the minutes as presented. Seconded by Councilman Schneider. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: ' The following items were added to the agenda: Consideration of a proclamation proclaiming the week of November 14 through 18 as � �1 , FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 1988 PAGE 2 Nasim M. Qureshi Week and consideration of a resolution commending Nasim M. Qureshi for his services to the City of Fridley. In addition, three other items were added as follows: (13) Consideration of an Agreement for Water Easement for Northwest Orthopedic Clinic; (14) Consideration of Contribution to the Association of Metropolitan Municipalities; and (15) Consideration of Selection of Carpet for Civic Center. MOTION by Councilman Fitzpatrick to adopt the agenda with the above additions. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PROCLAMATION AND RESOLUTION FOR NASIM M. QURESHI: Mayor Nee issued a proclamation proclaiming the week of November 14 through 18, 1988 as Nasim M. Qureshi Week in the City of Fridley. He stated Nasim is about to complete a distinguished career as a City employee extending more than 25 years. He encouraged citizens to express their own sentiments of gratitude and requested the proclamation be published in honor of Mr. Qureshi's many years of public service and his outstanding contribution to the growth of the community. RESOLUTION NO. 82-1988 COMMENDING NASIM M. OURESHI FOR HIS SERVICES TO THE CITY OF FRIDLEY: Mayor Nee read this resolution which oommends Mr. Qureshi for his devoted service to the City of Fridley. He requested this resolution, along with other commendations to Mr. Qureshi by the City Council, be transmitted to the Fridley Historical Society so they may be maintained for posterity. MOTION by Councilman Fitzpatrick to adopt Resolution No. 82-1988. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Qureshi stated it has been a good 25 years and he leaves with a sense of acaomplishment. He stated he has had good people to work with, the Council, fellow employees, and citizens. Mr. Qureshi introduced his wife, Dr. Halima Qureshi and children, Danish and Sofia, and his brother-in-law Dr. Mushataq Khan. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARING: 1. PUBLIC HEARING ON THE REVIEW OF A SPECIAL USE PERMIT, SP #85- tib��d 1 � r-- � � `"4 2�3 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26. 1988 PAGE 3 O1. BY COMMUNITY OPTIONS: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:50 p.m. Mr. Robertson, Community Development Director, stated the Council granted this special use permit on February 24, 1986. He stated one of the stipulations of the special use permit was that, for the first two years, it be reviewed annually at a public hearing. Mr. Robertson also reviewed the other stipulations associated with this permit. Mr. Robertson stated staff has found the applicant to be in compliance with all of the stipulations and the Police Department has determined that all police calls to this facility were medical emergencies, miscellaneous information, and lockouts. Mr. Hill, Public Safety Director, stated the stipulations on the special use permit did not address crime issues. He stated from a direct factual point o£ view, there have been virtually no police problems at Community Options. He stated relative to the oalls to the facility, their cooperation with the Police Department has been excellent and these calls have been medical assistance to the residents. He stated in comparing this facility with nursing homes, the number of police calls is relatively the same. Mr. Hill stated there is in the area one particular apartment building which qenerates a lot of calls to the Police Department. He stated of crimes investigated in the neighborhood, none have been related directly to the residents of Community Options. Councilman Fitzpatrick asked if any comparisons were made on police calls in the area between now and earlier years. Mr. Hill stated these facts could be researched for the last several years, but would require a minimum of two days to compile the information. He stated he did not know what this would accomplish, because the figures would have to be compared with other statistics in the City. Ms. Diane 011endick-Wright, owner and administrator of Community Options, stated she was here this evening to answer any questions by the Council. Councilwoman Jorgenson asked how many residents of Community Options were from Anoka County. Ms. Wright stated all 14 residents were from Anoka County. 5?� �1{� J FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 1988 PAGE 4 � Councilwoman Jorgenson asked if a breakdown was available for the number of residents from Columbia Heights and Fridley. Ms. Wright stated she did not have the information available this evening, but could obtain it. Councilwoman Jorgenson stated she would be interested as she had been told by the residents in the area that Community Options was not serving the residents of our area. Mrs. Marge Otten, 5311 4th Street, stated Hennepin County is conduoting an audit to determine if it is a wise use of public funds to support these facilities. She stated she would like a similar study done in Anoka County. Mrs. otten stated these facilities do not care for sick people who cannot pay their way. Mrs. Otten asked for a clarification of the status of a special use permit and if it is a legal binding document or if it oan be cancelled. Mr. Herrick, City Attorney, stated this special use permit was issued by order of the District Court. He stated he would advise the Council that, in his opinion, they should not consider revoking � this special use permit without concurrence by the District Court. He stated the special use permit is a legal document binding on both parties. He stated if there are violations that are serious in nature, it could be reason to request the Court to revoke this permit. Mr. Herrick stated when the special use permit was issued, both parties agreed it would be subject to those stipulations outlined in the permit. Mrs. Otten felt Community Options was operating without a lioense, as the special use permit has not been reviewed. Councilwoman Jorgenson stated the stipulation was not to re-issue the permit on an annual basis, but only to review it. Mr. Herrick stated he would aqree that there was no termination of the special use permit. Mrs. Otten stated Community Options is accepting patients they are not licensed to treat who are chemically dependent. She stated residents from this facility have been taken to the detoxification center. She felt this is a violation of their contract with the County. � Mrs. Otten stated there is a transient problem in this area and 74 out of 107 families have moved. She stated the families who have remained in the area are those who are retired and cannot move. � ��i.� p FRiDLEY CITY COUNCIL MEETING OF SEPTEMBER 26. 1988 PAGE 5 ' She stated before Community Options moved to their area, they were a stable neighborhood. Mrs. Otten stated they are forming an Alliance Group with others in Brooklyn Center, St. Paul, Richfield, and Golden Valley to fight the State laws that take away the City's authority. Councilwoman Jorgenson stated the Council did pass a resolution in * opposition to Linda Berglund's bill. She stated she wanted the residents of this neighborhood to be aware that the Council is concerned. Mr. Hill stated a resident of Community Options was taken to detoxification, but that is medical assistance, and not a criminal offense. Ms. Wright stated Community Options does have clients with backgrounds of chemical health problems. She stated their primary diagnosis has to be one of inental illness in order to be admitted to their facility. She stated she would estimate that probably 50 to 60 percent of their clients have had a history of difficulty with chemicals. Ms. Wright stated their clients do not carry a dual diagnosis of CDMI (Chemical Dependency/Mental Illness). She � stated they can only admit clients to their facility through referral by Anoka County. Mr. Herrick stated the Council does not govern the operation of this facility. He stated whether or not there are violations of the State law or Community Options' contract with the County should be discussed with these bodies. Councilman Fitzpatrick asked Ms. Wright why Community Options accepts persons with a chemical dependency problem when their primary treatment is for mental illness. Ms. Wright stated she believed the number of clients that have chemical health problems, in relation to their mental illness, ranges between 60 to 70 percent. She stated they have a history of using chemicals and difficulty in dealing with their mental illness. She stated if a client comes to their facility and discloses that he has used chemicals, it is necessary for them to be checked by a doctor because of inedications they may be given. Councilman Schneider asked why the police were involved. Ms. Wright sta�ed it may be due to the fact the client does not want to be checked or because Community Options only has single coverage at the facility. � Councilman Billings asked if the City staff checked with Anoka County to verify that Community Options is in compliance with their * As corrected hy the C�ty Counctl at the City Council Meeting of October 17, 1988. � ��.3� FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26. 1988 PAGE 6 � contract. Mr. Robertson stated staff has checked with the County and Community options is in aompliance. Mr. Haechrel, 5367 5th Street, stated Ms. Wright has abridged her contract by accepting people who are taking the cure for alcoholism and who are chemically dependent. Mr. Haechrel stated there are also vehicles parked at this facility in violation of the number restricted in the special use permit. He also submitted a photograph of a resident of Community Options on the roof of the facility and felt the residents were not properly supervised. Councilman Billings stated the Council voted against this special use permit, but was ordered by the District Court to issue the permit. He stated Anoka County has stated there is no violation of their contract. Councilman Billings stated as far as the vehicles, there is no way to know if these belong to the residents or visitors. Mrs. Vasecka, 5427 4th Street, stated Community Options should have � contacted the City when their permit was to be reviewed. Councilman Fitzpatrick stated a new permit was not issued and the original special use permit remains in force. He pointed out the stipulation was only for an annual review for the first two years after the permit was issued. MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:50 p.m. NEW BUSINESS: 2. CONSIDERATION OF FIRST READING OF AN ORDINANCE ADOPTING THE BUDGET FOR THE FISCAL YEAR 1989: MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Jorgenson. Councilman Schneider stated when the Council reviewed the Capital Improvement Plan, the Utility Fund in 1989 and 1990 provided for a water study and funds for additional wells to serve the City, as well as stabilize the level of Moore Lake. � Mr. Qureshi, City Manager, stated this information was for planning purposes and any expenditures would be presented to the Council for ��� -r� ,� FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 1988 PAGE 7 , their approval. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 3. RECEIVING T$E MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 14. 1988: A. CONSIDERATION OF A SPECIAL USE PERMIT. SP #88-12. TO ALLOW AN AIR CONDITIONING. HEATING AND ELECTRICAL CONTRACTOR OFFICE IN AN S-1, HYDE PARK NEIGHBORHOOD ZONING DISTRICT ON LOTS 27 AND 28, BLOCK 12, HYDE PARK, THE SAME BEING 5973 3RD STREET N.E.. BY DONALD DICKISON: Mr. Robertson, Community Development Director, stated this is a request for a special use permit to allow an air conditioning, heating and electrical contracting office in an S-1 zone in the Hyde Park neighborhood. He stated special use permits were previously granted for different commercial uses for this property despite the fact that the uses did not comply with the intent of the Hyde Park special zoning area. Mr. Robertson stated staff is, therefore, recommending denial of this special use permit based on the code which states that whenever a lawful non-conforming use of � a structure is abandoned for a period of 12 months, any future use of said structure or land shall be in conformity with the provisions of the zoning code. Mr. Robertson stated the Planning Commission has recommended approval of the special use permit with the provision the permit is for this business only and, if the property is sold, the special use permit will expire. He stated in conjunction with the special use permit, several variances were requested which the Appeals Commission reviewed. He stated the Appeals Commission recommended approval of the variances, with one exception. Mr. Robertson stated the Planning Commission recommended to Council that either rezoning or modifying the S-1 zone in the Hyde Park neighborhood be considered to permit a wider range of special use permits than are allowed in the R-1 zoning district. He stated the S-1 zone is more restrictive than an R-1 zone and it does not allow non-residential uses with a special use permit. Councilman Sahneider stated, as he recalls, the intent was if property in the S-1 zone was destroyed, it would lose its non- conforming status and revert to R-1. Councilman Fitzpatrick stated the purpose of adopting this S-1 zone was to ultimately work towards R-1 zoning in this area. � Mr. Qureshi, City Manager, stated the intent was to convert this area to residential. He stated if, however, the use of the L�J , � R�� � J FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 1988 PAGE 8 property remained the same, it would retain the non-conforming status. He stated if this lawful non-conforming use of a structure was abandoned for a period of 12 months, any future use shall be in conformity with the provisions of the Zoning Code. Councilman eyesore in a year or use. Billings stated this building is vacant and is an the community. He felt even though it was vacant for more, it probably would never revert to a residential Mr. Qureshi stated single family zoning does allow for other uses besides homes, such as churches and senior housing. Councilman Billings stated last year the Council did approve a special use permit for a photocopy business which never materialized. He stated the Planning Commission also recommended approval of a special use permit for a church on this property which would have been an acceptable use. He stated the owner withdrew this request before the item was submitted to Council. Councilman Billings stated the proposed purchaser of this property, Mr. Dickison, was present this evening to answer any questions by the Council. Mr. Dickison stated when he first approached the owner to purchase this property, he was told it had been sold, but that the deal had not proceeded, therefore, he applied for the special use permit and variances. Mr. John Magraam stated they had petitioned to use this building as a church when the owner told him it was sold to somone else. He stated this was a complete surprise to them. Councilman Billings asked Mr. Dickison if he would agree to the stipulation that if he sold the property, the prospective purchaser would need to apply for a special use permit which may or may not be granted. He pointed out to Mr. Dickison that his prospects of selling may be severely limited with this restriction. Mr. Dickison asked if a future owner wished to conduct the same type of heating and air conditioning business if another special use permit would be needed. Mr. Herrick, City Attorney, stated he felt comfortable if the special use permit is issued for the use, and not this particular owner. He stated the other question is if a special use permit is permissible in this zoning district. He stated, frankly, he did not research this question, but believed someone from his office indicated it was permissible. He pointed out that this was previously a commercial use and there are other commercial uses in the area. ��i3�'� FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26. 1988 PAGE 9 � Councilman Billings felt the question that needs to be addressed is if the Council wishes this property to become residential. He stated there was no opposition from neighboring residents when this special use permit was considered by the Planning Commission. Mr. Herrick stated probably the question on the ultimate use of this property needs to be addressed by the Council. Councilman Fitzpatrick stated he has advised other property owners who wished to have a multiple use of their property that this would not be permitted. Mr. Herrick stated there is a difference in the use of an existing building as opposed to new construction. Mr. Dickison stated he would make substantial improvements to the property over the next several years. He stated he plans to close on this property next week, however, if no action is taken on the special use permit, he would not consider purchasing this property. Mayor Nee stated he was not sure a single family home would be the best use of this property and didn't especially feel a commercial use was wrong. He felt the question is really what is the best use � of the land. Mr. Herrick stated the market value for a single family home on this property would be very low. MOTION by Councilman Billings to grant special use permit, SP #88- 12, with the following stipulations: (1) petitioner agrees that any future re-use of the building is subject to finding, through the special use permit process, that the re-use would be compatible with the surrounding neighborhood; (2) a portion of Lot 29, approximately 1,604 square feet will be leased from the City for $1.00 per year as long as the business is in operation at this site; (3) landscaping to be installed as per plan by September 1, 1989; (4) a performance bond or letter of credit for 3 percent of the construction value be given to the City prior to issuance of the building permit; (5) parking demand shall not exceed nine spaces unless additional spaces are provided; (6) install six inch concrete curbing around the entire perimeter of the parking lot including driveway opening by September 1, 1989; (7) parking lot to be sealcoated and striped with nine spaces by September 1, 1989; (8) bollards are to be removed upon installation of landscaping; and (9) petitioner to maintain site immediately by cutting grass and eliminating weeds. Seconded by Councilwoman Jorgenson. Councilman Schneider stated if the building had been destroyed, he felt the S-1 zoning is very specific and it could not have been � rebuilt. He stated he does agree it is an eyesore. Councilwoman Jorgenson stated under the S-1 zone, the property would have reverted to R-1, if the structure had been destroyed. ' 1 1 �•Y35 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 1988 PAGE 10 She stated she is in favor of this business on the property, but did not like to rezone for one parcel. Councilman Billings stated he would agree that by granting the special use permit, the strictest interpretation is not being applied. Mayor Nee stated there have been proposals for various uses for this property, therefore, the property has not really been abandoned. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. B. RESOLUTION NO. 83-1988 APPROVING A SUBDIVISION, LOT SPLIT. L.S. #88-04, TO SPLIT A FOUR FOOT TRIANGLE OFF THE SOUTHEASTERLY CORNER OF LOT 2. BLOCK 2, MARIAN HILLS SECOND ADDITION TO BE COMBINED WITH THE PROPERTY TO THE EAST, IAT 1. BLOCK 2, MARIAN HILLS SECOND ADDITION, ALL TO CORRECT A CERTIFICATE OF SURVEY DONE IN 1966 (GENERALLY LOCATED AT 1350 52ND AVENUE AND 1340 52ND AVENUE. BY STANLEY AND PHYLLIS PROKOPOWICZI: MOTION by Councilman Billings to adopt Resolution No. 83-1988. Seconded by Councilman 5chneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. CONSIDERATION OF SUPPORTING SYSTEMATIC CODE ENFORCEMENT IN THE CITY OF FRIDLEY: MOTION by Councilman Schneider to refer this item to staff for a proposal, in consultation with the City Attorney's Office, to be presented at some future Conference Meeting. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. D. ITEM FROM THE APPEALS COMMISSION MEETING OF AUGUST 30. 1988: l. CONSIDERATION OF A VARIANCE, VAR #88-22, TO REDUCE THE SIDE YARD SETBACK FROM 15 TO 5 FEET: TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 7 FEET; TO REDUCE THE MINIMUM HARD SURFACE SETBACK FROM A PUBLIC RIGHT-OF-WAY FROM 20 FEET TO 7 FEET; TO REDUCE THE MINIMUM HARD SURFACE SETBACK FROM 5 FEET TO 0 FEET AT THE SIDE LOT LINE. TO ALLOW AN AIR CONDITIONING, HEATING AND ELECTRICAL CONTRACTOR OFFICE ON LOTS 27 AND 28, BLOCK 12, HYDE PARK, THE SAME BEING 5973 3RD STREET N.E.. BY DONALD DICKISON: MOTION by Councilman Billings to grant the variances, VAR #$$-22, , , � � �i:�C FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 1988 PAGE 11 to reduce the side yard setback from 15 to 5 feet; to reduce the rear yard setback from 25 to 7 feet; to reduce the minimum hardsurface setback from a public right-of-way from 20 to 7 feet; and to reduce the minimum hardsurface setback from 5 to 0 feet at the side lot line, but to deny the variance to reduce the minimum hardsurface setback from the main building from 5 to 0 feet, subject to the following stipulations: (1) petitioner agrees that any future re-use of the building is subject to finding, through the special use permit process, that the re-use would be compatible with the surrounding neighborhood; (2) a portion of Lot 29, approximately 1,604 square feet, will be leased from the City for $1.00 per year as long as the business is in operation; (3) landscaping to be installed as per plan by September 1, 1989; (4) a performance bond or letter of credit for 3 percent of the construction value be given to the City prior to issuance of the building permit; (5) parking demand shall not exceed nine spaces unless additional spaces are provided; (6) install six inch concrete curbing around the entire perimeter of the parking lot including driveway opening by September 1, 1989; (7) parking lot to be sealcoated and striped with nine spaces by September 1, 1989; (8) bollards are to be removed upon installation of landscaping; and (9) petitioner to maintain site immediately by cutting grass and eliminating weeds. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission Meeting of September 14, 1988. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. CONSIDERATION OF RECEIVING BIDS AND AWARDING THE CONTRACT FOR THE MOORE LAKE WEST BASIN AERATOR PROJECT NO. 182 (TABLED 9iia�ss L Mr. Burch, Assistant Public Works Director, stated four bids were received for this project and staff is recommending the low bid from Sevcon, Inc. for $15,476 be acceptefl. MOTION by Councilman Schneider to receive the bids: Sevcon, Inc. Route 1, Box 330 Cokato, MN 55321 Becklin Bros. Route 1, Box 448A Cambridge, MN 55008 $15,476.00 $24,800.00 ��? -?wv � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26. 1988 PAGE 12 ' Park Construction Company $28,987.00 7900 Beech Street N.E. Fridley, MN 55432 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to award the contract for the Moore Lake West Basin Aerator Project No. 182 to the low bidder, Sevcon, Inc. in the amount of $15,476. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider asked what is being done to make this aerator aesthetically pleasing. Mr. Burch stated the bank on which the aerator is located is quite steep and did not feel it would be very noticeable from the road. He stated there would be a canvass canopy over the entire structure to screen the mechanical supports. Mr. Burch stated if the apperance is objectionable to the Council, some small trees could be planted. ' Councilman Schneider stated he would like to leave the options open until next spring. He stated if there is not anything definite as far as development, possibly there could be some berming which is acceptable to the residents. Mr. Burch stated the aerator is only a temporary above ground structure until plans are finalized for development of the adjacent property. Councilman Schneider felt a letter should be sent to the residents on the east and west basins of Moore Lake explaining to them why the aereator is being installed. Mr. Qureshi, City Manager, stated staff could send a letter, with a map, advising residents what the City hopes to achieve and what is proposed to minimize the visual impact. 5. RESOLUTION NO. 84-1988 ORDERING PRELIMINARY PLANS. SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: WATER. SANITARY SEWER & STORM SEWER PROJECT N0. 183: MOTION by Councilman Fitzpatrick to adopt Resolution No. 84-1988. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1 6. CONSIDERATION OF AN AMENDMENT TO THE SOLID WASTE ABATEMENT JOINT POWERS AGREEMENT 1988-89: r-. ti�i.�� FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 1988 PAGE 13 ' MOTION by Councilman Billings to authorize the execution of Amendment No. 1 to the Joint Powers Agreement with Anoka County for solid waste abatement. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RESOLUTION NO. 85-1988 SIGNING AN AGREEMENT FOR CERTAIN EMPLOYEES REPRESENTED BY LOCAL N0. 49, AFL-CIO (PUBLIC WORKSI FOR 1987-1989• Mr. Hunt, Assistant to the City Manaqer, stated the 1987 contract covering these Public Works employees called for renegotiation of wages and insurance only for 1988 and 1989. He stated the agreement negotiated would provide that the City make an employer's contribution of $185 per employee per month toward group health and life insurance including dependent coverage for 1988. He stated, in 1989, the amount will be the greater of $185 or the average amount paid by the employer for non-management/non-essential employees. Mr. Hunt stated in regard to wages, workers in the job classification of Maintenance I would receive a 3 1/2 percent increase over 1987 for 1988. He stated, in 1989, workers in this � classification would receive an increase of 1 1/2 percent over the 1988 rate. He stated, in addition, in 1989, they would receive a lump sum payment equal to 2 percent of the base rate for normally scheduled hours. Mr. Hunt stated for employees in all other job classifications (Maintenance II, Specialist, and Maintenance III) there would be a 1 1/2 percent increase in the base rate of pay each year plus a 2 percent lump sum payment. MOTION by Councilman Schneider to adopt Resolution No. 85-1988. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RESOLUTION NO. $6-1988 AUTHORIZTNG PAYMENT OF LUMP PAYMENTS TO CERTAIN EMPLOYEES REPRESENTED BY THE INTERNATIONAL UNION OF OPERATING ENGINEERS. LOCAL NO. 49, AFL-CIO, FOR 1988 AND 1989• MOTION by Councilman Schneider to adopt Resolution No. 86-1988. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RESOLUTION NO. 87-1988 DESIGNATING OFFICIAL SIGNATURES FOR THE CITY OF FRIDLEY: MOTION by Councilman Schneider to adopt Resolution No. 87-1988. � Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 1988 PAGE 14 10. CLAIMS: MOTION by Councilman Fitzpatrick to authorize payment of Claims No. 22433 through 22685. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. LICENSES• MOTION by Councilwoman Jorqenson to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. ESTIMATES: MOTION by Councilman Schneider to approve the estimates as submitted: Herrick & Newman, P.A. 6401 University Ave., N.E. Fridley, MN 55432 � For Services Rendered as City Attorney For the Month of August, 1988 $ 3,441.15 Astech Corporation P.O. Box 1025 St. Cloud, MN 563D2 Street Improvement Project No. ST. 1988 - 10 (Sealcoat) FINAL ESTIMATE $ 8,278.80 Ernst Associates 122 West Sixth Street Chaska, MN 55318 Lake Pointe Corporate Center Partial Estimate Eugene A. Hickok & Associates 545 Indian Mound Wayzata, MN 55391 Moore Lake Restoration Project No. 149 Partial Estimate H & S Asphalt ' 1700 Industry Blvd. Anoka, MN 553D3 $ 2,090.00 $ 166.00 �i �3� 1 � � �g -�,, FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26. 1988 PAGE 15 Street Improvement Project No. St. 1986 - Estimate No. 11 C.S. McCrossan, Inc. P.O. Box 1240 Maple Grove, MN 55369 & 2 (Phase 2) $37,526.90 Street Improvement Project No. ST. 1988 - 1& 2 Estimate No. 4 $47,264.78 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. CONSIDERATION OF AGREEMENT FOR WATER EASEMENT FOR NORTHWEST ORTHOPEDIC CLINIC: Mr. Burch, Assistant Public Works Director, stated this agreement de£ines the Clinic's responsibilities concerning the water easement. He stated the agreement has been reviewed with the City Attorney. Mr. Herrick, City Attorney, stated the reason for the agreement is to basically satisfy the mortgage company. MOTION by Councilwoman Jorgenson to authorize the Mayor and City Manager to enter into this agreement for a water easement with the Northwest Orthopedic Clinic. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. CONSIDERATION OF CONTRIBUTION TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES: Councilman Fitzpatrick stated he serves as the Council's representative to the Association of Metropolitan Municipalities and the Coordinating Committee has been working for development of a property tax reform proposal, a key element which will be retention of the principles of a Homestead Credit. He stated this effort would cost about $185,000 for computer data update and proposal development. He stated in order for them to proceed with this upgrade of data availability, they are enlisting the support of cities. He requested the Council consider authorizing a contribution towards this effort. MOTION by Councilman Schneider to authorize a$1,000 contribution to the Association of Metropolitan Municipalities. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. CONSIDERATION OF SELECTION OF CARPET FOR CIVIC CENTER: k31� �1 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26 1988 PAGE 16 ' Councilman Billings stated when bids were received, there were some options on the grade of carpeting to be installed at the new Civic Center. He stated he felt comfortable in proceeding with the carpeting proposed in the original specifications which carried a ten year guarantee. MOTION by Councilman Billings to authorize the acceptance of the carpet which was bid in the original specifications. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. JUAN SALAS - 5810 5TH STREET: Mr. Salas addressed the Council relative to the use of the soccer field at Locke Park. He stated he would like the grass cut and the field chalked. Mr. Salas stated he is trying to organize a recreational soccer league and wished to use the soccer field. Mr. Qureshi, City Manager, stated when there are organized leagues, the City does mow and stripe the fields. He stated the City has a policy which prohibits individuals from chalking a field. Mr. Qureshi stated he would suggest to Mr. Salas that he contact the Parks and Recreation Commission with his request. � Mr. Salas stated it is hard for him to attend these meetings because of his work hours. He stated he would use his own chalk and stripe the fields himself, if he was permitted to do so. He stated he has a letter from Woodcrest School and they also wish to use the soccer field. Mr. Qureshi asked Mr. Salas to send him a copy of the letter from the school. He also urged Mr. Salas to attend the Parks and Recreation Commission meeting. ADJOURNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of September 26, 1988 adjourned at 10:12 p.m. Respectfully submitted, �-�� C� ��� ��. «-2, /� � �t�-, � �° Carole Haddad William`J. Nee Secretary to the City Council Mayor ' Approved: