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08/28/1989 - 00007021THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF � AUGUST 28, 1989 The Regular Meeting of the Fridley City Council was called to order at 7:38 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to tha Flaq. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilman Billings, Councilman Fitzpatrick, Councilman Schneider and Councilwoman Jorgenson MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING, AUGUST 14. 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. � ADOPTION OF AGENDA: MOTION by Councilman Fitzpatrick to adopt the agenda as submitted. Seconded by Councilman Schneider. MOTION by Councilman Billings to amend the agenda by adding the following item after Item 1: Consideration of a Variance Request, VAR #89-12, to Increase the Required Maximum Lot Coverage from 40% to 47� to Allow the Construction of Additional Warehouse/ Manufacturing and Office Space on Lot 7, Block 2, East Ranch Estates Second Addition, the same being 7855 Rancher's Road N.E., by Cortron Corporation. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to delete Item 2B, Comprehensive Plan Revision, from the agenda and reverse the order of Items 4 and 5. Seconded by Councilman Schneider. 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. OPEN FORUM, VISITORS: ' [ . a FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 1969 PAGE 2 � WAYNE JOHNSON, 11610 53RD AVENUE NORTH, PLYMOUTH - RE: VACATED ALLEY: Mr. Johnson stated he is here this evening to request the Council's participation in the cost to memorialize the title for the alley which �.he City vacated. He stated he thought it was agreed upon by staff that the City would pay half of this cost. Mr. Johnson stated the City may have erred in not constructing the alley back in the 1960's. He stated because this was not done, property owners installed their driveways in the front and some owners do not have a need for part of the vacated alley. Mayor Nee stated there is a similar situation where the City purchased land for construction of a street to North Park School and an adjacent property owner bought some of this excess land which the City did not use. He stated about a month ago, the property owner applied for a building permit and found there were problems with the title. He stated this is the same as Mr. Johnson's situation, except this other property owner paid for the property, and Mr. Johnson did not. Mayor Nee stated the City Attorney has stated the City should not pay for a clear title as the property was purchased under a quit claim deed, and he felt � this was a similar situation. Mr. Johnson stated right now the City has an alley that looks very bad and he is trying to improve it. He stated he felt he was doing the City a service in trying to make improvements. Mayor Nee advised Mr. Johnson that he has the land and can do anything he wants with it. He felt it is no longer the City's responsibility, but Mr. Johnson's if he wants to clear the title. Councilman Billings stated Mr. Johnson is saying he does not feel he should pay all the court costs to clear the title on the east six feet of the alley as all his neighbors will obtain part of this alley and they should bear some of the cost. Councilman Billings stated Mr. Johnson also points out if the City had paved the alley back in the 1960's, property owners would have installed driveways to the alley. He stated, as it now stands, some owners have driveways to the front and not everyone wants the alley paved so Mr. Johnson initiated the vacation process. Councilman Billings stated he can sympathize with Mr. Johnson, but he has a difficult time with the City paying half the legal costs as he felt it was not in the best interests of the City. Councilman Sillings felt an alternative may be for the City to pay the cost to clear the title and then sell the property to owners ' who want the east six feet of the alley. Councilman Billings asked how many property owners or lots would be involved. r�- _� � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 1989 PAGE 3 Ms. Dacy, Planning Coordinator, stated five lots would be involved. Councilman Billings stated he knows one of the property owners to the north of Mr. Johnson has a structure in the middle of where the alley was suppose to be and, even with the east six feet, he still would be in violation of the code. He felt that person has a vested interest in trying to obtain title to the entire alley. Councilman Billinqs asked if the memorialization for both the east and west half portions of the alley could be done at the same time. Mr. Newman, Assistant City Attorney, stated if some of the property owners do not want the property, there could be a problem. Mayor Nee asked if it was known how many property owners would participate in the cost for this memorialization. Mr. Johnson statecl i£ the price was reasonable at about $100 Yor each property owner, he felt probably all of them would participate. Ms. Dacy stated the cost and Mr exceed $1,000. participate, if reduced. sY�e and the City Attorney, Mr. Herrick, discussed . Herrick agreed to do the work at a cost not to She stated abutting property owners have agreed to the City was involved so that their cost would be Councilwoman Jorgenson asked the cost for staff's time for their work in vacating the alley. Ms. Dacy stated she could not answer at this time since she was not involved from the beginning. Mr. Johnson stated a lot of staff time has gone into this vacation as Ms. Dacy is the fourth or fifth person he has dealt with in regard to the vacation. He felt because of new personnel, it involved more staff time than if one person had handled it. Mr. Johnson stated he would like to complete his improvement and get the title cleared. He stated he felt someone made the decision for the City to pay half the cost. He stated he is requesting a decision from the Council if the City will or will not participate in the legal costs. Mr. John Early, owner of property to the south of Mr. Johnson, stated the alley has been an eyesore and the City has done absolutely nothing. He stated he would like to see an improvement and would be willing to pay a small amount to get this accomplished. ' Mr. Burns, City Manager, stated he felt Councilman Billings suggestion has some merit. FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 1989 PAGE 4 � Mayor Nee stated he would have no problem with the City bearing the initial expenses, and collecting these expenses if the property owners aqree to purchase the property. Mr. Johnson stated he did not believe it would be beneficial for the City unless the other four property owners indicate they would buy the property for $30o each. Councilman Billings felt staff, Mr. Johnson, and the four neighboring property owners should meet and make sure everyone is aware of what is happeninq and what their rights are. He felt all possibilities should be explored to try and resolve this issue. Councilwoman Jorgenson stated she would suggest staff review the costs involved to vacate an alley and if the £ee actually covers the cost for staff's time. DICK SHERRY, 5922 HACKMAN AVENUE - RE: DISEASED TREE: Mr. Sherry stated he has a diseased elm tree in his yard which was planted as a boulevard tree and now needs to be removed. He stated the tree, however, is 13 feet, 3 inches from the right-of-way and to be considered boulevard trees, they must be within l0 feet of � the right-of-way. He stated the tree was planted before the street was constructed and was not located within the ten foot easement area. Mr. Sherry felt since this is a boulevard tree, the City should remove it. Councilwoman Jorgenson stated Mr. Sherry is not the only one with this problem as she has talked with Mr. Townsend, who also lives on Hackman Avenue, about a similar problem. She stated the problem is the City cannot use public funds to remove trees on private property. Councilman Schneider stated a tree across the street from Mr. Sherry was removed by the City several years ago. He stated at that time there was a program in which the City participated in the cost, through a State grant, and did remove diseased trees on private property as funds were designated for that purpose. He stated the program is no longer in effect. Councilman Schneider stated there is a proposal for an ordinance amendment where the City would remove a diseased tree and assess the cost back to the property owner. He stated if this ordinance amendment is adopted, Mr. Sherry could use this means to have the tree removed. Councilman Billings felt the real determination if this tree is ' located on the City's right-of-way is the lot pins, and not the location of the roadway. � � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 1989 PAGE 5 Councilman Schneider stated the City could check the location of the lot pins. Councilwoman Jorgenson stated in conjunction with checking Mr. Sherry's lot, she would also like Mr. Townsend's property checked at 5874 Hackman Avenue. OLD BUSINESS• 1. ORDINANCE NO. 930 APPROVING A VACATION. SAV #89-D3, TO VACATE A SIX FOOT AND THE EAST ONE FOOT OF A DRAINAGE AND UTILITY EASEMENT IN CERTAIN TRACTS OF REGISTERED LANp SURVEY NO. 94 AND IN THE GENA-RAE ADDITION, BY THE CITY OF FRIDLEY: MOTION by Councilman Schneider to waive the reading and adopt Ordinance No. 930 on the second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1.1 CONSIDERATION OF A VARIANCE REOUEST, VAR #89-12, TO INCREASE THE REOUIRED MAXIMUM LOT COVERAGE FROM 40% TO 47% TO ALLOW THE CONSTRUCTION OF ADDITIONAL WAREHOIISE(MANUFACTURING AND OFFICE SPACE ON LOT 7. BLOCK 2, EAST RANCH ESTATES SECOND ADDITION, THE SAME BEING 7855 RANCHER'S ROAD N.E.. BY CORTRON CORPORATION: Ms. Dacy, Planning Coordinator, stated staff has researched variances granted in the past concerning maximum lot coverages. She stated other communities were also contacted regarding their ordinance requirements on lot coverage in general. Ms. Dacy stated in the past, the City has granted variances for 45, 46, and 49 percent maximum lot coverage and four out of five cases considered, the City has approved. Ms. Dacy stated in reviewing requirements for other communities, the architect for Cortron Corporation provided this information. She stated of the communities surveyed, five had no requirements at all regarding lot coverage and the parking and building setbacks controlled the lot coverage. She stated four communities controlled lot coverage by using a calculation of building and parking lot percentages; six communities had a maximum building coverage of 50%; and the remaining nine are split between 35% and 45%. She stated Columbia Heights allows up to 90% coverage. Ms. Dacy stated, based on this analysis, the City Attorney and she agree that an ordinance amendment should be considered to increase the lot coverage to 50�. She stated it is clear, by past approvals, that 40� maximum may not be realistic in some cases. She stated as along as the Zoning Ordinance has the parking requirements and setbacks that should be sufficient to regulate the expansion of a building on a commercial or industrial lot. �� FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 1989 PAGE 6 � Councilman Billings stated some precedent has been set in the past and felt the ordinance needs to be reviewed, however, he would not necessarily qo along with the 50�. MOTION by Councilman Billings to grant Variance Request, VAR #89- 12, to increase the required maximum lot coverage from 40$ to 47� to allow the construction of additional warehouse/manufacturing and office space at 7855 Rancher's Road N.E., by Cortron Corporation, with the following stipulations: (1) the drainage plan shall be approved by City sta£f; (2) underground sprinkling shall be installed; (3) a landscape plan shall be submitted and approved by the City prior to issuance of the building permit; (4) the Appeals Commission does not recommend further expansion on this site; and (5) a dumpster enclosure shall be constructed, if necessary. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 2. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 16, 1989' A. ITEM FROM THE APPEALS COMMISSION MEETING OF AUGUST 1, 1989: � CONSIDERATION OF A SPECIAL USE PERMIT, SP #89-08, TO ALLOW AN AUTOMOTIVE REPAIR GARAGE AT 7570 HIGHWAY 65 N.E., BY KEITH'S AUTO BODY• Ms. Dacy, Planning Coordinator, stated this is a request for a special use permit to allow a repair garage at 7570 Highway 65 N.E. She stated the site is zoned M-1, light industrial, with R-4 zoning to the south, and M-1 to the west and north. She stated since 1983 there have been a number of auto repair garages operating from this site. She stated because there have been several changes in ownership since 1983, the City has had a difficult time in enforcing the code requirements. Ms. Dacy stated this spring Mr. Keith Poppenhagen contacted the City regarding operation of his auto repair garage and he was advised that a special use permit for this repair garage was necessary. She stated some of the site improvements needed are paving, concrete curbs, landscaping, installation of sewer, and a cleanup of debris and materials stored in the rear. Ms. Dacy stated on May 17, 1989, the Planning Commission considered this item. She stated because of the disrepair of the property, the Commission was concerned if the buildings should be condemned. She stated staff reviewed the site and the structural quality of � the two buildings and determined the buildings had to meet some code requirements, but were not to the point where they could be condemned. � � � FRIDLEY CITY COUNCIL MEETING OF AIIGIIST 28. 1989 PAGE 7 Ms. Dacy stated the Planning Commission then reconsidered this request on August 16 and recommended approval with nine stipulations to eventually bring the property into compliance with the code. She reviewed these stipulations found on Pages 2II and 2JJ of the Council's agenda. Mr. Mike Thompson stated 16 as he was not present, up in legal proceedings the next several months. bankrupt and turned ovi Accountant to handle. M� the buildinqs and today 1 what is in escrow. he did not know what transpired on August He stated the property is currently tied and hoped it would all be resolved within He stated American Life and Trustee went �r the properties to a Certified Public . Thompson stated it is not known who owns �is attorney advised him that the CPA wants Councilwoman Jorgenson asked who was collecting the rent for this property. Mr. Thompson stated he was collecting the rents and paying off the first mortgage to make sure the buildings remain functional. He stated if they do obtain clear title of the property, they will begin cleaning it up. Councilman Schneider stated regardless of who owns the property, there is a septic system that is leaking wastes on the property. Ms. Dacy state the system is being pumped, but did not know about the soil conditions. She stated the County does not have any information since 1984. She stated renewing the special use permit, eliminate these problems and code Poppenhagen occupied the building noi was required, but was so advised whe a sign. the City's policy is before there should be a plan to violations. She stated Mr. : knowing a special use permit n he applied for a permit for Councilman Schneider asked Mr. Thompson if they could comply with the stipulations which Ms. Dacy had outlined. Mr. Thompson stated they could not comply with some by the dates outlined. Ms. Bacy stated staff's recommendation to the Planning Commission was more stringent, in terms of dates, then what the Commission recommended to the Council. Councilman Schneider stated he can understand Mr. Thompson not wanting to put any money into improving the site if he does not own the property. He questioned how the City would proceed to eliminate these code violations if clear ownership has not been established. FRIDLEY CITY COUNCIL MEETING OF AUGUST 28. 1989 PAGE 8 � Mr. Newman, Assistant City Attorney, stated if there is a code violation, criminal charges can be brought against the property owners. He stated his office made a very cursory examination of the title and from the information provided, it does not support that American Trustee filed bankruptcy. He stated an explanation was requested of the title problems, but this has not been received. Ms. Dacy stated the file contains correspondence with previous owners regarding code compliances. She stated after reviewinq this file, it was felt using the special use permit process would enable the City to obtain compliance with the code for the entire property. She stated the parking lot, buildings, and sewage are all related to the use of the property. Councilwoman Jorgenson asked if the property could not hook up to sewer and water rather than installing a holding tank. Ms. Dacy stated the property owner could petition the City to connect to sewer and water and assess the costs against the property. Councilwoman Jorgenson asked how soon this could be done, if the property owner petitioned the City for the improveznent. � Mr. Flora, Public Works Director, stated a City does not have a contractor at this time, but it probably could still be done this year. Councilman Billings stated if, in fact, the County states the septic system is failing, there may be a public need to proceed with the connection to City sewer and assess the property. He stated he sympathizes with Mr. Poppenhagen as he is the one that stands to lose here. He stated on the other hand, the property owner has a vested interest as he is receiving rent for the building. Councilman Billings stated, at this time, it is not known who is the fee owner of the property and, if 7570 Corporation is the fee owner, he would not want to impose stipulations if they were not present this evening to respond. He stated the question then remains on how to enforce the stipulations. Councilman Billings stated he would like a report from the alleged owners as to the status of the title and for the City's attorney to review the information presented. Mr. Newman stated he assumes Mr. Thompson's attorney has done some investigation and the City is only requesting a report on the ' status of the title. He stated from his information, 7570 Corporation does not even have an interest of record. He stated J�. FRIDLEY CITY COUNCIL MEETING OF AUGUST 28. 1989 PAGE 9 � there appears to be two or three different entities that have varied interests in the property. Ms. Dacy stated a representative from 7570 Corporation signed the application as the fee owner. Mr. Burns, City Manager, suggested tabling this item until the applicant can produce verification of ownership and use the existing laws to enforce the code. Councilman Schneider stated it seems if the issue of the title is clouded, the City should proceed with the sewer, assess the cost against the property and get the debris cleaned up. MOTION by Councilman Schneider to table action on Special Use Permit Request, SP #89-08, until identification of the fee owner can be established. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to direct staff to initiate a reasonable search to ascertain who is the fee owner of this property and work with the petitioner, if possible; and review the areas of violations of the existing code and take aggressive action � to enforce those items that are most significant to the public safety issue such as the septic system and removal of debris on the property. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. CONSIDERATION OF COMPREHENSIVE PI,AN REVISION: This item was deleted from the agenda. C. CONSIDERATION OF AN ORDINANCE AMENDMENT TO CHANGE THE REQUIRED REAR YARD SETBACK ON CORNER LOTS FORM 25 FEET MINIMUM TO 10 FEET MINIMUM IN R-1 DISTRICTS: Ms. Dacy, Planning Coordinator, stated this proposed ordinance amendment was reviewed by the Appeals and Planning Commission and recommended for approval by the Council. She stated the intent of the ordinance is that corner lots operate with two front yards and two side yards. She stated the only other community that has something similar to this proposed amendment is Brooklyn Center. Ms. Dacy stated the Appeals commission was concerned about overcrowding in the rear yard, but with the 10 foot setback and 5 feet on the other lot, there still would be some green area of 10 to 20 feet between structures. She stated an alternative would be to continue with the present ordinance and consider each and every ' case on a variance basis. She stated the staff and Appeals Commission pursued this research because of the number of corner lots in the City. ( aiy FRIDLEY CITY COUNCIL MEETING OF AUGUST 28. 1989 PAGE 10 � Mayor Nee asked if there are problems with the present ordinance. Ms. Dacy stated there are some problems in determining what is the front of the lot. She stated staff and the Appeals and Planning Commissions reviewed this as a potential means to ease the situation and help their interpretation of the code. She stated if the Council is not comfortable with this amendment, the variance requests would continue to be reviewed on a case-by-case basis. Councilman Schneider felt staff should probably take some random homes in different areas and determine the implioations if this amendment was approved. Councilman Billings stated the Appeals Commission had several of these variance requests at one time. He felt the Commission is looking for guidance and clarification, however, he is also confused. He stated the problem is if you allow a variance for one, pou have to allow it for another and a precedent is set. MOTION by Councilman Schneider to table this item and refer to staff to supply more data and sample cases. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. , MOTION by Councilman Schneider to receive the minutes of the Planning Commission meeting o£ August 16, 1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. CONSIDERATION OF A VARIANCE, VAR #89-13, TO INCREASE THE MAXIMUM ALLOWABLE S9UARE FOOTAGE FOR A WALL SIGN FROM 205 SQUARE FEET TO 600 SOUARE FEET, TO ALLOW FOR ADDITIONAL SIGNAGE FOR A MOVIE THEATER, ON LOTS 1, 2, 28 AND 29, BLOCK 2, COMMERCE PARK, THE SAME BEING 250 OSBORNE ROAD N.E., BUY JEROME FARRELL OF SBF DEVELOPMENT CORPORATION: Ms. Dacy, Planning Coordinator, stated SBF Development Corporation is requesting a variance for four signs for the movie theater to be located at 250 Osborne Road. She stated the four types of signage proposed are eight 4 by 4 foot poster containers; one 9 by 82.5 foot marquee; one 9.33 by 33 foot vertical sign; and one 4 by 4 foot readerboard for Perkin's Restaurant. Ms. Dacy stated the City�s ordinance does not provide for movie theater signage per se. Ms. Dacy stated the cities of Brooklyn Center and Coon Rapids were contacted as they have an ordinance providinq for theater siqnaqe. She stated Coon Rapids permits a maximum square feet of 600 and Brooklyn Center permits a 250 square foot pylon sign and wall � signage up to 30$ of the wall area. She stated this request represents about 11% of the wall area. Ms. Dacy stated there will not be a freestanding sign for the theater. ' ' FRIDLEY CITY COUNCIL MEETING OF AUGUST 28. 1989 PAGE il Ms. Dacy state the Appeals Commission recommended approval of this variance with several stipulations as outlined on Page 3E of the Council's agenda. MOTION by Councilman Billings to grant Variance Request, VAR #89- 13, to increase the maximum allowable square footage for a wall sign from 205 square feet to 600 square feet to allow for additional signage for a movie theater at 250 Osborne Road, as follows: (1) eight 4 by 4 foot poster containers; the poster container material shall be consistent with the architectural styling of the theater; (2) one 9 by 82.5 foot marquee (movie names, times, and other messages shall only be displayed on the 9 by 18 foot readerboards on either side of the "Movies 8" tower; (3) one 4 by 33 foot vertical sign to state "Movies 8"; (4) one 4 by 4 foot readerboard for Perkin's Restaurant, to be located on the wall facia of the movie theater and subject to receiving a sign permit. Further, the signs shall be consistent with the plans which are part of the staff report dated August 1, 1989 and there shall be no flashing or motion signs. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4 E This item will be considered after Item 5 since Item 5 is related to Item 3. CONSIDERATION OF COMPREHENSIVE SIGN PLAN APPROVAL FOR OSBORNE CROSSINGS. 250 OSBORNE ROAD N.E.: Ms. Dacy, Planning Coordinator, stated this sign plan limits tenant signage to a sign band along the front wall of the shopping center. She stated this Sign Plan is consistent with the City�s Sign Ordinance. MOTION by Councilman Sillings to approve the Comprehensive Sign Plan for Osborne Crossings, 250 Osborne Road N. E., as submitted as an attachment to staff's mema dated August 17, 1989 and entitled "osborne Crossings Sign Criteria". Seconded by Councilman Fitzpatrick. Councilwoman Jorgenson asked if there were any plans to use portable signs as these do become a problem for the City�s code enforcement division. Mr. Farrell stated he would rather not exclude them, but if it has been a problem for the City, he can understand the reasoning why they would not want to allow them. MOTION by Councilman Billings to amend the above motion by adding � No. 11 to the "OSborne Crossings Sign Criteria" to read as follows: (11) All temporary signs shall be approved by SBF Development Corporation. Further, to add the statement that all references to FRIDLEY CITY COUNCIL MEETING OF AUGVST 28, 1989 PAGE 12 � SBF Development Corporation shall mean SBF Development Corporation, its heirs or assigns in interest. Seconded by Councilman Fitzpatrick. 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. 4. CONSIDERATION OF APPROVAL OF 1990 JOINT COOPERATION AGREEMENT WITH ANOKA COUNTY FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM: MOTION by Councilman Schneider to approve the 1990 Joint Cooperation Agreement with Anoka County for the Community Development Block Grant Program. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. CONSIDERATION OF A REQUEST FROM NORTH SUBURBAN CENTER FOR THE ARTS TO REALLOCATE $2.255 FROM LOCKE HOUSE PROJECT. AND TO REALLOCATE $6,500 FROM COMMERCIAL REHABILITATION: Ms. Dacy, Planning Coordinator, stated the North Suburban Center for the Arts has submitted �wo requests to the City to reallocate ' it5 CDBG monies. She stated there is $2,255 remaining in the Banfill Tavern/Locke House restoration project authorized in 1987 and they are requestinq use of the money to conduct senior art classes at the Ban£ill Tavern. She stated these monies have to be expended prior to the end of 1989. Ms. Dacy stated the other request by the North Suburban Center for the Arts is that the City reallocate $6,500 from 1989 CDBG funds designated for the commercial rehabilitation program for completion of interior improvements to the second floor of the Banfill Tavern/Locke House. She stated it is her understanding the commercial rehabilitation program has not been used to any extent in the last several years. Ms. Dacy stated the North Suburban Center for the Arts typically reoeives some amount of CDBG funds on an annual basis; unfortunately, due to extenuating circumstances the 1989 allocation was not provided to them. MOTION hy Councilman Fitzpatrick to reallocate the $2,255 remaining in the Banfill Tavern/Locke House restoration project for 1987 and reallocate $6,500 from the 1989 CDBG commercial rehabilitation program to the North Suburban Center for the Arts. Seconded by Councilwoman Jorgenson. � Councilman Billings stated he is not opposed to allocatinq the funds, but wondered if $2,255 really was remaining from the Banfill Tavern/Locke House restoration project. He also wondered if it ,� FRIDLEY CITY COIINCIL MEETING OF AUGUST 28, 1989 PAGE 13 � needed to be reallocated in order to complete improvements at the Locke House. Councilman Billings stated there is about $800 remaining from 1988 CDBG funds and asked if this was taken into consideration. Mr. John Cassayd-Smith, President of the North Suburban Center for the Arts, stated he understands there is about $500 remaining, however, there is a bill coming for about $300. He stated the expenditure of the money is in the hands of the Senior Center and the use for these funds is for transportation and classes for Seniors. Mr. Cassayd-Smith stated Councilman Billinqs' question, if there actually were any remaining funds, he cannot answer since this is controlled by the County. Councilman Billings stated he does not have a problem with realloaating the funds, but wanted to make sure these funds were available. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 7. CONSIDERATION OF FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 10§, ENTITLED "TREE DISEASE" BY RENAMING CHAPTER TO "DISEASED TREES" AND BY AMENDING ' SECTIONS 104.02. 104.04. 104.06. 104.08, 104.09 AND 104.10: Mr. Flora, Public Works Director, stated staff has identified some changes to the Diseased Tree Ordinance which include (1) identification of the Superintendent of Public Works as the City Forester; (2) identification of the City Manager as the Director and Controller of the program; (3) extend the response date for tree removal from ten to thirty days; (4) allow the property owner to have a private diseased tree removed and assessed to the property for a period of five years; (5) defined a boulevard tree within the street right-of-way; and (6) identified the City's responsibility for removal of boulevard trees and the replacement of bare root trees on the owner's property. Councilman Schneider stated it seems that Section 104.06 mandates an inspection program and felt the wording of Item 1 should be changed by substituting the word "may" for "shall" and substituting the words �'deemed appropriate�� instead of "often as practicable". MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Jorgenson. MOTION by Councilman Schneider to amend Section 10.06 as follows: Item 1, £irst line, substitute the word ��may�� for "shall" and change the words ��often as practicable'� to ��deemed appropriate". � Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 1989 PAGE 14 � UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Councilwoman Jorgenson stated it should be noted that if this amendment is adopted, a property owner may have a diseased tree removed from his property by the City and the cost assessed to the property for a period of five years. 8. CONSIDERATION OF AWARDING THE CONTRACT FOR 3 MG CONCRETE RESERVOIR REPAIR PROJECT NO. 192: Mr. Kollmer, AEC Engineering, stated the epoxy material which TMI wants to use is Aquatapoxy material which AEC feels is inferior to the materials specified. He stated after additional investigation, it has been found that TMI proposes to use Aquatapoxy only if the project can be completed this fall. He stated AEC would recommend the low bidder, JMG Contracting, Inc. be awarded the bid for Phase 1 of the project and that the l�ids be rejected and readvertised for Phase 2. MoTION by Councilman Schneider to award the contract for Phase 1 of the 3 MG Concrete Reservoir Repair Project No. 192 to the low bidder, JMG Contracting, Inc. in the amount of $118,900. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, � Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to reject the bids received for Phase 2£or the 3 MG Concrete Reservoir Repair Project No. 192 and authorize readvertising for bids. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. CONSIDERATION OF AWARDING THE CONTRACT FOR 1.5 MG CONCRETE RESERVOIR REPAIR PROJECT NO. 193 f53RD AVENUE AND JOHNSON STREET)• Mr. Flora, Public Works Director, stated it is recommended the bid be awarded to the low bidder, TMI Coatings, Inc. for Alternate 1 in the amount of $91,850. He stated TMI's references have been checked with the cities of Duluth and Minneapolis and both cities were satisfied with their work. MOTION by Councilman Billings to award the contract for the 1.5 MG Concrete Reservoir Repair Project No. 193 (53rd Avenue and Johnson Street) to the low bidder, TMI Coatings, Inc. for Alternate 1 in the amount of $91,850. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � � FRIDLEY CITY COUNCIL MEETING OF AIIGIIST 28, 1989 PAGE 15 10, CONSIDERATION OF A CONTRACTUAL AGREEMENT WITH THE STATE OF MINNESOTA FOR INSPECTION SERVICES: MoTION by Councilman Billings to approve the contractual agreement with the State of Minnesota for inspection services. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. CONSIDERATION OF AUTHORIZING EXPENDITURE FOR THE MUNICIPAL CENTER POLICE SURVEILLANCE SYSTEM: Mr. Hill, Public Safety Director, stated the police surveillance system was left out of the speciPications for the police £acility. He stated since the move is planned for September 7, it is urgent that this equipment be purchased and installed. Mr. Hill stated the consultant, Electronic Interiors, estimated a cost for the equipment and materials at $6,295 and labor around $1,200 for a total of $7,495. He stated two quotes have been received, one from Access Control Technologies, a Division of Security World, and one from Electrosonic. He stated Access Control Technologies' quote was $5,222 for equipment and materials and $600 for installation, labor and training, ior a total of $5,822. He stated Electrosonic quoted $6,924.11 for the equipment and materials and $3,403.33 for installation and labor, for a total of $10,327.44. Mr. Hill stated staf£ would recommend that Council authorize the expenditure of $5,822 from the Capital Improvement Fund for Access Control Technologies to install this equipment. MOTION by Counoilman Fitzpatrick to authorize the expenditure of $5,822 for the purchase and installation of the police surveillance equipment from Access Control Technologies. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. CLAIMS: MOTION by Councilman Schneider to authorize payment of Claims No. 27997 through 28223. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. LICENSES: MOTION by Councilwoman Jorgenson to approve the licenses as submitted and as on £ile in the License Clerk's O£fice. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. a y 1 � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 1989 PAGE 16 14. ESTIMATES• MOTION by Councilman Schneider to approve the estimates as submitted: Civic Center Remodeling Pay Applioation #10 Through 7-31-89 . . . . . . . . . . . . . . . $88,058.00 Allied Blacktop 10503 89th Avenue N. Maple Grove, MN 55369 Street Improvement Project No. ST 1989-10 (Sealcoat) Estimate No. 1 . . . . . . Gammon Brothers 13845 Northdale Blvd. Rogers, MN 55374 Street Improvement Project No. ST 1989 - 1& 2 Estimate No. 3 . . . . . . . . . . . Gunderson Brothers 2325 Snelling Avenue Minneapolis, MN 55404 1989 Miscellaneous Conorete Curb, Gutter & Sidewalk Project Estimate No. 3 . . . . . . . . . . . . $90,941.56 $47,005.91 . $ 3,554.71 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of August 28, 1989 adjourned at 10:37 p.m. Respectfully submitted, -%-�� ,�;���,�. Carole Haddad Secretary to the City Council Approved: ., . � � �, �� � �/1_ i-',,� � �' � �, ��ry. William J. Nee Mayor