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03/20/1989 - 00006810THE MIN[TTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF � MARCH 20, 1989 The Regular Meeting of the Fridley City Council was called to order at 7:48 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 Jorqenson MEMBERS ABSENT: None PRESENTATION OF PROCLAMATION: FAIR HOUSING MONTH - APRIL. 1989 Mr. Hunt, Assistant to the City Manager, read a proclamation proclaiming April, 1989 as Fair Housing Month in the City of Fridley. � Mayor Nee urged the citizens of Fridley to join in this observance with the Anoka County Community Housing Resource Board and the Anoka County Board of Realtors by taking an active part in programs sponsored by these organizations who are taking an active role in helping make Fridley a better place to live and work. Mr. Don Weeding, representing the Anoka County Board of Realtors, accepted this proclamation from Mayor Nee. Mr. Weeding thanked Mayor Nee and the Council members for this proclamation. APPROVAL OF MINUTES: COUNCIL MEETING, FEBRUARY 27, 1989: 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, MARCH 6, 1989: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, � all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF MARCH 20. 1989 PAGE 2 � ADOPTION OF AGENDA: Mayor Nee stated it has been requested that Item l0 be deleted from the agenda. MOTION by Councilman Fitzpatriok to adopt the aqenda, with the deletion of Item 10. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISITORS: There was no response from the audience under this item of business. PUBLIC HEARING• 1. PUBLIC HEARING ON A VACATION. 5AV #89-01, BY WDBH REALTY COMPANY FOR NORTHTOWN NISSAN: 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 7:53 p.m. Mr. Robertson, Community Development Director, stated this property is located on University Avenue between 77th and 79th Avenues surrounded by commercial zoning on the north, south, and east sides and by heavy industrial on the west side. He stated the request is the vacation of a 3Q foot street easement located along the east property line. Mr. Robertson stated this property has been the subject of a series of consolidation of lots and street vacations. He stated the City vacated part of the easement in 1987 and retained a 30 foot street and utility easement. He stated this request was part of seven stipulations attached to the Northtown vacation in October, 1988. He stated the idea was all parts of the Northtown vacation were to be one tax parcel. He stated this has not been executed and should be done as a stipulation to this vacation, if approved. Mr. Robertson stated the existing utility easement should be retained and a drainage easement added. Mr. Robertson stated the Planning Commission recommended approval of this vacation request with the following three stipulations: (1) the parcels shall be combined into one tax parcel prior to � final adoption of the ordinance authorizing the vacation; (2) the easement for utility purposes shall be retained as currently described; and (3) the petitioner shall execute a 30 foot drainage FRIDLEY CITY COUNCIL MEETING OF MARCH 20. 1989 PAGE 3 � easement to the City for the same location. No persons in the audience spoke regarding this proposed vacation. 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 7:56 p.m. MOTION by Councilman Billings to direct staff to prepare an ordinance for first reading granting this vacation with the stipulations recommended. Seconded by Councilman Fitzpatrick. upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OLD BUSINESS: 2. CONSIDERATION OF A SPECIAL USE PERMIT, SP #88-15, BY COMM[7NITY DEVELOPMENT CORPORATION: Ms. Dacy, Planning Coordinator, stated this item was tabled by the Council at the February 13 meeting to give staff an opportunity to further investigate the use of exterior construction materials. ' She stated a letter has been received from Mary Gabler, Director of Development for the Community Development Corporation, outlining their response to the different types of construction materials and implications for future renters. Ms. Dacy stated Community Development Corporation felt an all brick building would look too much like an institution and the H-shape would also have to be changed. She stated they have indicated wood siding is not acceptable because of the constant maintenance. Ms. Dacy stated as pointed out in Ms. Gabler's letter, four different alternatives were outlined. She stated one is replacing the aluminum siding with wood siding; replacing the rock face block with brick (to the first floor window sills); replacing the aluminum siding with wood siding and replacing the rock face block with brick; and providing an all brick exterior. Ms. pacy stated Community Development Corporation would like to maintain their original recommendation for the exterior finish which consists of rock face block to the first floor windows, with a combination of stucco and aluminum siding. She stated they believed the shape and design of the materials are acceptable for that particular neiqhborhood. Councilwoman Jorgenson asked if a sample of the exterior materials � were brought to the meeting this evening. Ms. Gabler stated they have photographs of buildings with similar � � FRIDLEY CITY COUNCIL MEETING OF MARCH 20. 1989 PAGE 4 materials so the Council can get an overall feeling of the building. Ms. Gabler stated she wished to reiterate some of the points in her letter. She stated the alternative of providing brick up to the first floor windows would add about $13 per month to the rent for each unit and, in turn, may increase the minimum income of people moving into the building. She felt it would have an extensive effect on the building and residents living there. Councilman Schneider asked Ms. Gabler if they would be requesting assistance from the Housing and Redevelopment Authority and in what area. Ms. Gabler stated they are waiting for the Senior Housing Study to be completed. She stated they expect, however, their request for assistanae to the HRA will be in the land write-dawn. Mr. Culligan, Boarman and Associates, presented several photos of housing structures and a commercial building. He stated the American Lung Building in St. Paul has rock face block and brick and similar to the material they are proposing. He stated the rock face block is a product that can be tinted or dyed to pick up on the brick or stone materials. He stated rock face block was developed as a substitute to stone. Mr. Culligan also presented a photo of Victoria Place, a two-story apartment complex with a brick face and aluminum siding. He stated the building reflects a clean, crisp image and has an improved aluminum siding. Mr. Culligan stated the aluminum siding provides for a maintenance £ree exterior and eliminates the costs for painting every several years and the potential of an eyesore for adjoining neighbors. He felt the aluminum siding lends itself to a more residential standard. He pointed out that the Village Green Townhouses, across from City Hall, also have aluminum siding. Mr. Culligan stated the photo of the all brick building located along 35E was more appropriate along a freeway and not in a residential area. Mr. Culligan stated they feel what is appropriate is rock face block to the first flaor windows, with a combination of aluminum siding, above the rock face block, and stucco. Councilwoman Jorgenson stated the building is more attractive on the photos than what she had anticipated. Councilman Billings stated he felt this project will have a � tremendous impact on the City, however, he was prepared to move for approval, if any of the other Council members did not have any objections. Councilman Billings felt if the Council requests a � � FRIDLEY CITY COUNCIL MEETING OF MARCH 20. 1989 PAGE 5 brick building, it is almost sending a message to the HRA that they want them to participate in the project. He pointed out this project may be competing with development of senior housing in the southwest corner of Mississippi and University. He felt the HRA would not want to provide funding for projects that are contrary to the long term plans of the City; however, the results have not been completed on the Senior Housing Study. MOTION by Councilman Billings to grant Special Use Permit, SP #88- 15, subject to second and final reading of the rezoning ordinance, and with the followinq stipulations: 1. 2. The applicant shall submit a storm water management plan at the time of building permit application. The applicant shall comply with the conditions of approval £or the lot split application. 3. The applicant shall record restrictive covenants dictating that the project is for the elderly only and is not an apartment building to be rented to the general public. The covenants shall be reviewed and approved by the City Attorney's office prior to recording. 4. A revised landscape plan shall be submitted at the time of building permit application, containinq the following changes: (a) Japanese Greenleaf Barberry Hedge along the front parking area shall be installed and maintained at a height of 3- 4 feet and spaced at 1-1/2 - 2 feet; (b) All trees shall be balled and burlapped. No tree spaded Evergreens will be permitted; (c) Street trees shall have a 2-1/2 inch caliper. The Cranberry trees shall have a 1-3/4 inch - 2 inch caliper and the shrubs shall have a 2 foot or 5 gallon pot; (d) In order to accomplish consistent screening along the rear lot line in compliance with Section 205.09.D7.B, the applicant shall install one of the three combinations of fencing and landscaping: (1) install an eight foot privacy fence with five Silver Maples; (2) install a continuous Spruce Evergreen planting of ten foot trees at 10 - 15 foot spacing; (3) install and maintain a hedge at minimum 6- 8 feet of Techny Arborvitae, Upriqht Juniper or Amur Maple spaced at 1-1/2 - 2 feet. 5. 6. � 7. The applicant shall install an underground lawn sprinkling system to maintain all lawn5 and landscaping on the property. All parking areas shall be striped and shall be lined with concrete curb. Park dedication fees shall be paid at time of building permit application. � � � FRIDLEY CITY COUNCIL MEETING OF MARCH 20. 1989 PAGE 6 Seconded by Councilwoman Jorgenson. Councilman Schneider stated his concern is there is very little developable land left in the City and the Council has pushed very hard for quality construction and brick buildings. He stated perhaps the rock face block is as good as brick, but he did have some concern that this may affect future projects. He stated he would support the motion, but with reservations. Councilwoman Jorgenson questioned the rents for these units. Ms. Gabler stated the rents would be around $500 per month for a one bedroom unit. She stated one factor that could affect this figure is the interest rate for their financing. Ms. Gabler stated the market study revealed that the rents would have to be kept between $500 to $800 for these units. She stated if they could not come within these figures, she would be uncomfortable in this market area. Ms. Gabler stated they want to keep the rents as affordable as possible. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 3. CONSIDERATION OF APPOINTMENTS TO CITY COMMISSIONS: HUMAN RESOURCES COMMISSION: MOTION by Councilwoman Jorgenson to nominate LeRoy Oquist, 1011 Hackmann Circle N.E., for appointment to the Human Resources Commission for a three year term beginning April 1, 1989. There being no further nominations, Mayor Nee declared the nominations closed and an unanimous ballot was cast for the appointment of LeRoy Oquist to the Human Resources Commission. MOTION by Councilwoman Jorgenson to nominate William Campbell, 1011 Center Circle N.E., for appointment to the Human Resources Commission for a three year term beginning April 1, 1989. There being no further nominations, Mayor Nee declared the nominations closed and an unanimous ballot was cast for the appointment of William Campbell to the Human Resources Commission. PARKS AND RECREATION COMMISSION: MOTION by Councilman Schneider to nominate Dick Young for reappointment to the Parks and Recreation Commission for a three year term beginning April 1, 1989. There being no further nominations, Mayor Nee declared the nominations closed and an unanimous ballot was cast for the FRIDLEY CITY COUNCIL MEETING OF MARCH 20. 1989 PAGE 7 � reappointment of Dick Young to the Parks and Recreation Commission. Councilman Schneider stated a letter was received from Tim Solberg, 6210 Rice Creek Drive, a 12 year resident of Fridley who has indicated his interest in serving on the Parks and Recreation Commission. MOTION by Councilman Schneider to nominate Tim Solberg, 6210 Rice Creek Drive, for appointment to the Parks and Recreation Commission for a three year term beginning April 1, 1989. There being no further nominations, Mayor Nee declared the nominations closed and an unanimous ballot was cast for the appointment of Tim Solberg to the Parks and Recreation Commission. HOUSING AND REDEVELOPMENT AUTHORITY: MOTION by Mayor Nee to nominate Larry Commers for reappointment to the Housing and Redevelopment Authority for a five year term beginning June 9, 1989. There being no further nominations, Mayor Nee declared the nominations closed and an unanimous ballot was cast for the � reappointment of Larry Commers to the Housinq and Redevelopment Authority. CABLE TELEVISION COMMISSION: MOTION by Councilman Schneider to nominate Duane Peterson for reappointment to the Cable Television Commission for a three year term beginning April 1, 1989. There being no further nominations, Mayor Nee declared the nominations closed and an unanimous ballot was cast for the reappointment of Duane Peterson to the Cable Television Commission. POLICE COMMISSION: MOTION by Councilman Fitzpatrick to nominate Mavis Hauge for reappointment to the Police Commission for a three year term beginning April 1, 1989. There being no further nominations, Mayor Nee declared the nominations closed and an unanimous ballot was cast for the reappointment of Mavis Hauge to the Police Commission. APPEALS COMMISSION: � MOTION by Councilman Billings to nominate Diane Savage for reappointment to the Appeals Commission for a three year term beginning April 1, 1989. � � FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 1989 PAGE 8 There being no further nominations, Mayor Nee declared the nominations closed and an unanimous ballot was cast for the reappointment of Diane Savage to the Appeals Commission. ENERGY COMMISSION: MOTION by Councilman Schneider to nominate Dean Saba for reappointment to the Energy Commission for a three year term beginning April 1, 1989. There being no further nominations, Mayor Nee declared the nominations closed and an unanimous ballot was cast for the reappointment of Dean Saba to the Energy Commission. MOTION by Councilman Schneider to nominate Bruce Bondow for reappointment to the Energy Commission for a three year term beginning April 1, 1989. There being no further nominations, Mayor Nee declared the nominations closed and an unanimous ballot was cast for the reappointment of Bruce Bondow to the Energy Commission. ENVIRONMENTAL QUALITY COMMISSION: MOTION by Councilman Fit2patrick to nominate Paul Dahlberq for reappointment to the Environmental Quality Commission for a three year term beginning April 1, 1989. There being no further nominations, Mayor Nee declared the nominations closed and an unanimous ballot was cast for the reappointment of Paul Dahlberg to the Environmental Quality Commission. MOTION by Councilman Schneider to nominate Steven Stark for reappointment to the Environmental Quality Commission for a three year term beginning April 1, 1989. There being no further nominations, Mayor Nee declared the nominations closed and an unanimous ballot was cast for the reappointment of Steven Stark to the Environmental Quality commission. NEW BUSINESS: 4. CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING SECTION 4.06 OF THE FRIDLEY CITY CHARTER: Mr. Hunt, Assistant to the City Manager, stated this amendment is proposed as it was found that the Charter was in conflict with State election laws. He stated a similar conflict occurred in 1984 which led to the amendment of this section in 1985 to bring it into FRIDLEY CITY COUNCIL MEETING QF MARCH 20. 1489 PAGE 10 � dock. Ms. Dacy stated several options were discussed for screening, however, the area is used by their employees for recreational purposes and they do have a concern about maintenance. She felt if three evergreens were planted to the northeast of the 5tylmark sign, it would help break up the view of the loading dock. Ms. Dacy stated Mr. Brink, President of Stylmark, wished to meet with the Council to request this stipulation be waived. Mr. Brink stated they have always maintained a nice facility for the past 29 years they have been in business. He stated additional plantings would increase maintenance time and costs in mowing and trimming around the base of the three trees. Mr. Brink stated they have spent two years in fine tuning the sprinkler system so that there are not any dry spots in the lawn. Mr. Brink stated you cannot eliminate the fact that there is a parking lot there regardless of what is done. He stated he would hate to maintain a fence and hedge. Mr. Brink stated there are only about nine residences on the street as they own all the property to the north. He stated the loading dock is not their main loading area and is really their shop � parking lot. He felt the installation of the three trees, as recommended by staff, would cause problems with maintenance and they would have to start relocating sprinkler heads. Councilman Fitzpatrick stated he would agree that planting three trees is not going to totally screen the parking lot. He stated he is convinced Mr. Brink cares about the appearance of his property and is dedicated to properly maintaining the aesthetics. MOTION by Councilman Fitzpatrick to waive stipulation No. 2 of variance request, VAR #$8-26, approved on November 15, 1988. Seconded by Councilwoman Jorgenson. Councilman Schneider stated he would agree the property is well- maintained. He asked Mr. Brink if he was not aware of the stipulation when the variance was approved. Mr. Brink stated he was unable to attend the meeting when the variance was granted. Ae stated he was under the impression the landscaping plan was left open and did not realize additional screening of the parking was required. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. � 7. CONSIDERATION OF AMENDING MPCA SUBSTATE AGREEMENT FOR THE MOORE LAKE RESTORATION PROJECT: AND FRIDLEY CITY COUNCIL MEETING OF MARCH 20. 1989 PAGE 11 � RESOLUTION NO. 32-1989 AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY: Mr. Flora, Public Works Director, stated the amendment to the Substate Agreement for the Moore Lake Restoration Projeot has been received. He stated this amendment formally executes a completion date for December 31, 1989, and modifies some of the payments for the approved items. He stated the Mayor needs to execute the agreement on behalf of the City in order to collect funds from the State. Mr. Flora stated he would recommend Council adopt this resolution authorizing the Mayor to execute the amended Substate Agreement. MOTION by Councilman Schneider to adopt Resolution No. 32-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. CONSIDERATION OF APPROVING AND CORRECTING CHANGE ORDERS NO. 1, 2 AND 3 FOR THE FRIDLEY MUNICIPAL CENTER IMPROVEMENT PROJECT NO. 189• Mr. Flora, Public Works Director, stated there are a number of 1 change orders for the Municipal Center Improvement Project that were individually approved by the City Manager. He stated Change Order No. 1 consists of proposal requests No. 1 through 4 and No. 8 through 12 for a total cost of $16,570 involving roof, column and structural modifications. Mr. Flora stated Change Order No. 2 is proposal request No. 5 for a total cost of $8,975 to support the necessary conduit for increased lighting and surveillance within the parking ramp desired by the Housing and Redevelopment Authority. Mr. Flora stated Change Order No. 3 consists of proposal requests No. 7, 14, 15, 16, 18, 19 and 22 for a total cost of $21,157 and combines some fire station revisions and tile changes. MOTION by Councilman Schneider to approve Change Order No. 1 for $16,570; Change Order No. 2 for $8,975; and Change Order No. 3 for $21,157 for the Municipal Center Improvement Project No. 189. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. CONSIDERATION OF CHANGE ORDER NO. 6 FOR THE FRIDLEY MUNICIPAL CENTER IMPROVEMENT PROJECT NO. 189: Mr. Flora, Public Works Director, stated this change order consists � Of pYOpOShc requests NO. 17� 26� 32� 34� 37� 39� 40� 43� 44� 46� 47, 56, 60 and 63 for a total cost of $39,826.72 and work orders No. 19D1 to 1923 (except 1914) for a total of $12,309.71. LJ � I� FRIDLEY CZTY COUNCIL MEETING OF MARCH 20, 1989 PAGE 12 Mr. Flora stated the proposal requests are initiated by the Architect and the work orders initiated by the Project Manager and staff, as a means of expediting the work in progress. He stated the work orders have been included in this change order as a formal identification of the costs and the work being accomplished. Mr. Flora stated in a meeting held today, it was found that proposal request No. 63 for the elevator shaft rework should be eliminated, therefore, this cost of $650 should be subtracted from the $39,82b.72 proposal request figure for a total change order amount of $51,486.43. MOTION by Councilman Fitzpatrick to approve Change Order No. 6 for $51,486.43 for the Municipal Center Improvement Project No. 189. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. CONSIDERATION OF RECEIVING BIDS AND AWARDING THE CONTRACT FOR LAKE POINTE DEVELOPMENT MAINTENANCE PROJECT NO. 187: This item was deleted from the agenda. 11. CONSIDERATION OF RECEIVING BIDS AND AWARDING THE CONTRACT FOR STREET IMPROVEMENT PROJECT NO. ST. 1989-10 (SEALCOATI: Mr. Flora, Public Works Director, stated three bids were received for this sealcoat project. MOTION by Councilman Schneider to receive the following bids for Street Improvement Project No. ST. 1989-10 (Sealcoat): Allied Blacktop 10503 89th Avenue North Maple Grove, MN 55369 Astec Corporation P. O. Box 1025 St. Cloud, MN 56302 Bituminous Roadways 2825 Cedar Avenue South Minneapolis, MN 55407 $ 99,806.58 $104,667.61 $112,734.89 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora stated Allied Blacktop was the low bidder and staff would recommend the contrct be awarded to them for this projeat. MOTION by Councilman Schneider to award the bid for Street Improvement Project No. ST. 1989-10 (Sealcoat) to the low bidder, � k � � FRIDLEY CITY COUNCIL MEETING OF MARCH 20. 1989 PAGE 13 Allied Blacktop in the amount of $99,806.58. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. CONSIDERATION OF RECEIVING BIDS AND AWARDING THE CONTRACT FOR 1989 MISCELLANEOUS CONCRETE CURB, GUTTER AND SIDEWALK PROJECT: Mr. Flora, Public Works Director, stated seven bids were received for this miscellaneous concrete curb, gutter and sidewalk project. MOTION by Councilman Fitzpatrick to receive the following bids: Gunderson Brothers 2325 Snelling Avenue Minneapolis, MN 55404 Standard Sidewalk 3346 Washington Avenue No. Minneapolis, MN 55412 Lindahl & Carlson, Inc. 1821 University Ave., #245 St. Paul, MN 55104 Halvorson Construction 4227 165th Avenue N.E. Anoka, MN 55304 Adcon, Inc. 16191 Round Lake Boulevard Andover, MN 55304 HRS Construction 18140 Fenway Avenue North Forest Lake, MN 55025 Ron Graves Contracting 10400 Bass Lake Road Plymouth, MN $ 35,295.00 $ 35,380.00 $ 35,395.D0 $ 36,378.00 $ 56,500.00 $ 57,84D.00 $108,435.00 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora stated the low bidder was Gunderson Brothers and staff recommends the contract be awarded to them. MOTION by Councilman Schneider to award the bid for the 1989 Miscellaneous Concrete Curb, Gutter and Sidewalk Project to the � low bidder, Gunderson Brothers in the amount of $35,295. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF MARCH 20. 1989 PAGE 14 � 13. RESOLUTION NO. 33-1989 SUPPORTING MOTOR VEHICLE EXCISE TAX (MVET1 FUNDING FOR STREET CONSTRUCTION: Mr. Flora, Public Works Director, stated the 1989 Legislature is considering a bill to transfer the existing Motor Vehicle Excise Tax (MVET) from the Highway User Distribution Fund to a Highway Transportation Study Fund which predominately supports Light Rail Transit. He stated, currently, 30 percent of MVET monies are turned over for highway uses. He stated of that 30 percent, 25 percent goes to transit studies and 75 percent to the State, counties, and cities for distribution. Mr. Flora stated this bill would eliminate the MVET Highway User Fund and that portion transferred directly to the Minnesota Department of Transportation for State trunk highways and eliminate the distribution funds to the counties and cities. Mr. Flora stated his resolution requests 100 percent of MVET funds be provided to the Highway User Distribution Fund and the sunset olause be eliminated so that revenues will continue to be distributed to the counties and cities. Mr. Flora stated a good portion of the City's MSA monies come from � MVET £vnds. MOTION by Councilwoman Jorgenson to adopt Resolution No. 33-1989. Seconded by Councilman Fitzpatrick. MOTION by Councilman Schneider to amend the above resolution by adding the words "transit funding and" in the Sth paragraph, line 3, after the first "to"; and in the same paragraph, line 4, substituting the words "transportation systems" instead of "streets and highways". Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 14. RESOLUTION NO. 34-1989 OPPOSIPIG THE TESTING SURCHARGES PROPOSED BY THE MINNESOTA DEPARTMENT OF HEALTH: Mr. Flora, Public Works Director, stated the Department of Health is sponsoring a bill for funding of public water supply monitoring. He stated the Health Department is proposing to add 15 new positions to support the various water analyses that are being prescribed by the EPA and the Department of Health. , Mr. Flora stated the proposal is to require an annual fee of $3.20 for each water service connection in the City to be collected by the City and submitted to the Health Department to fund their � , � FRIDLEY CITY COUNCIL MEETING OF MARC$ 20, 1989 PAGE 15 activities. He stated in Fridley's case, this would be in excess of $30,000 per year. He stated the City can have the water tested for a much lower cost and felt it was inappropriate for the Department of Health to increase their staff at the City's expense. Mr. Flora stated this resolution requests the State Legislature support either a continuation of funding through the General Fund or some other method that assesses the actual cost of the testing to each municipal system being tested. MOTION by Councilman Schneider to adopt Resolution No. 34-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO. 35-1989 AUTHORIZING THE POSTING OF "NO PARKING" SIGNS ON BOTH SIDES OF UNIVERSITY AVENUE WEST SERVICE DRIVE jM.S.A.S.341) IN THE AREA OF THE TURNING LANE IMMEDIATELY NORTH OF 83RD AVENUE: MOTION by Councilman Fitzpatrick to adopt Resolution No. 35-1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RESOLUTION NO. 36-1989 IMPOSING LOAD LIMITS ON PUBLIC STREETS AND HIGHWAYS IN THE CITY: MOTION by Councilman Schneider to adopt Resolution No. 36-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RESOLUTION NO. 37-1989 IN SUPPORT OF CHILDREN'S AGENDA: MOTION by Councilwoman Jorgenson to adopt Resolution No. 37-1989. Seconded by Councilman Fitzpatrick. Councilman Billings questioned the legislation regarding the Children's Agenda. Councilwoman Jorgenson stated the three bills were offered by Representative Wayne Simoneau and is something that has been considered over the last several years. She stated the legislation addresses a sliding day care arrangement and sets aside funding for crises and aare of our children. Councilwoman Jorgenson stated she has seen the three bills and would support this legislation as she did not feel there would be any duplication of services. Councilman Billings stated he wondered how this legislation, if passed, would be funded. Councilwoman Jorgenson stated funding would be appropriated by the State Legislature. ' � � FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 1989 PAGE 16 Councilman Billings asked if it would be totally funded by the State. Councilwoman Jorgenson answered in the affirmative. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 18. RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING OF JANUARY 30, 1989: MoTION by Councilman Schneider to receive the minutes of the Charter Commission meeting of January 30, 1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. CLAIMS• MOTION by Councilman Fitzpatrick to authorize payment o£ Claims No. 25272 through 25487. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. LICENSES: MOTION by Councilwoman Jorgenson 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. 21. ESTIMATES: MOTION by Councilmatt Schneider to submitted: Layne Minnesota Company 3147 California Street Minneapolis, MN 55418 approve the estimates as Repair & Maintenance of Wells 6, 8, & il - Project No. 186 FINAL ESTTMATE - WELL #6. . . . . . . . . $7,462.20 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee daclared the motion carried unanimously. 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 March 20, 1989 adjourned at 9:18 p.m. FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 1989 PAGE 17 � Respectfully submitted, � �,���-- Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: � �