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09/11/1989 - 00007037THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF � SEPTEMBER il. 1989 The Regular Meeting of the Fridley City Council was called to order at 7:40 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, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick and Councilman Billings MEMBERS ABSENT: None PRESENTATION OF PROCLAMATION: GREATER ANOKA COUNTY HUMANE SOCIETY MONTH. SEPTEMBER. 1989: Mayor Nee issued a proclamation proclaiming September, 1989 as Greater Anoka County Humane Society Month to encourage increased public awareness of the services provided by this non-profit � organization. He urged Fridley citizens to participate in the 5K Walk/Run/Roll for Homeless Animals or to contribute pledges to help the Humane Society provide the proper care for abandoned and stray animals in Anoka County. Mayor Nee requested this proclamation be mailed to the Humane Society. APPROVAL OF MINUTES: COUNCIL MEETING, AUGUST 28, 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: Mayor Nee stated staff has requested Item 16 be deleted. Councilman Billings asked that an item be added regarding a proposed ordinance amendment concerning parking stalls. MOT2oN by Councilman Fitzpatrick to adopt the agenda with the deletion of Item 16 and the addition of the item (23) concerning parking stalls. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried � unanimously. FRIDLEY CITY COUNCIL MEETING OF BEPTEMSER 11, 1989 PAGE 2 � �PEN FQRUM. VISITQRS; KEN WILKINSON, AN�KA COUNTY SHERIFF'S DEPARTMENT: Mr. Wilkinson, Anoka County Sheriff, addressed the Council as to services provided by his department. He stated the working relationship between the Fridley Police Department and the Anoka County Sheriff's Department is excellent. He stated Jim Hi11 has one of the most progressive police departments in the area. Mr. Wilkinson stated the areas where the Anoka County Sheriff's Department has provided servioe to the City involve criminal investigations, sexual assault cases, and drug enforcement. He stated arrests have been made in these areas by the cooperative ef£orts of the City and County. He stated criminal investigations are augmented by the crime lab services. Mr. Wilkinson stated another area added this year was polygraph services. He also stated the County provides jail services to the City of which Fridley has been a major contributor. Mr. Wilkinson stated other services provided involve arrest warrants, special weapons, the swat team, and canine unit. Mr. Wilkinson stated his future goals and objectives were to expand the crime lab services and provide prisoner transportation. He � stated these requests were not approved by the County Board, but he would submit the requests again next year. Mr. Wilkinson stated funds have been allocated for a computer system, however, it appears it will be next year before it is operational. Mr. Wilkinson stated he is open to any comments and suggestions from the Council on how the Sheriff's Department may enhance their services to the City. Mr. Burns, City Manager, asked if any changes are proposed in the dispatching service. Mr. Wilkinson stated this area does not come under the jurisdiction of the Sheriff's Department, but stated another emergency channel is being added. Mr. Herrick, City Attorney, stated the City of St. Paul received some computerized fingerprinting apparatus and asked if the County is cansidering a similar system. Mr. Wilkinson stated they are in the process of reviewing this system, but funding is always a major item. He stated it is hoped it could be implemented in the not too distance future. He stated one of the problems that exist is the FBI does not accept the cards processed by this technology. Mr. Wilkinson stated he is checking � this further with personnel from the FBI to see what is the problem. r' ' FRIULEY CITY C�UNCIL MEETING OF SEPTEMBER 11, 1489 PAGE 3 Mr. Wilkinson thanked the Council for the opportunity to address them this evening. SWEARING-IN OF NEW POLICE OFFICER, MICHAEL MONSRUD: Mr. Jim Hill, Public Safety Director, introduced Fridley's newest member of the police force, Michael Monsrud. He stated Mr. Monsrud attended Coon Rapids High School, graduating in 1985 with honors. He stated he attended Anoka Ramsey and North Hennepin Community Colleges and received an AAS degree in law enforcement. Mr. Hill stated Mr. Monsrud was employed by the Anoka Police Department and assigned to security at the Anoka State Hospital. He stated he was previously employed as a police intern with the City of Minnetonka and is a member of the Army reserves. Mr. Hill administered the oath of office to Mr Nee and members of the Council extended their welcomed him to the City of�Fridley. PUBLIC xEARINGS: . Monsrud and Mayor congratulations and 1. PUBLIC HEARING ON 1989 SERVICE CONNECTIONS: � MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman 5chneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:08 p.m. Mr. Pribyl, Finance Director, stated this hearing involves the final assessment roll for the 1989 service connections. He stated each property involved has connected to City water or sewer without having previously paid a lateral charge. He stated all property owners in this assessment roll have signed agreements to the principal of these lateral charges. Mr. Pribyl period with principal. No persons assessment. stated the assessment will be spread over a 15 year an interest rate of 8 percent per year on the unpaid in the audience spoke regarding this proposed MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:10 p.m. � 2. PUBLIC HEARING ON WATER, SANITARY SEWER & STORM SEWER IMPROVEMENT PROJECT NO. 183 (83RD): FRIDLEY CITY COUNCIL MEETING OF BEPTEMBER il, 1989 PAGE 4 � M�TION 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 8:10 p.m. Mr. Pribyl, Finance Director, stated this hearing involves the assessment roll for water, sanitary sewer, and storm sewer on University Avenue West Service Drive from 83rd Avenue to 500 feet north. He stated the two properties to be assessed petitioned for the improvements, and the total cost of this Project No. 183, is $38,726.80, will be divided between the two owners and spread over a 20 year period at 8 percent interest. No persons in the audience spoke regarding this proposed assessment. MOTION by Councilman Fitzpatrick 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 8:11 p.m. 3. PUBLIC HEARING ON WATER, SANITARY SEWER & STORM SEWER IMPROVEMENT PROJECT NO. 188 (NORTHCO): , MOTION by Councilman Billings 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 8:11 p.m. Mr. Pribyl, Finance Director, stated this hearing involves the assessment roll for water, sanitary sewer, and storm sewer for the Northco Business Park Plat. He stated the owner petitioned for the improvements and will be assessed at 8 percent interest for a 15 year period. He stated the total amount of the assessment is $236,548.51. No persons in the audience spoke regarding this proposed assessment. MOTION by Councilman Billings 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 8:13 p.m. 4. PUBLIC HEARING ON STREET IMPROVEMENT PROSECT NO. ST 1988 - 1 & 2 (PARTS A, B, & C): ' MOTION bp Councilman Billings to waive the reading of the public hearing notiae and open the public hearing. Seconded �y Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor FRIDLEY CITY COIINCIL MEETING OF SEPTEMSER 11. 1989 PAGE 5 � Nee declared the motion carried unanimously and the public hearing opened at 8:14 p.m. Mr. Pribyl, Finance Director, stated this hearing involves the assessment roll for Street Improvement Project ST 1988 - 1& 2, consisting of several parts. He stated Part A involves the Rice Creek Road alignment from Highway 65 to Central Avenue. He stated this improvement was petitioned for by the property owner at a total cost of $1,058,858.43. He stated the assessment will be spread over a 13 year period at an interest rate of 9 percent. Mr. Pribyl stated also included in Part A is the parking lot improvement at the satellite fire station at a cost of $14,017.87; the Osborne Road bike path at a cost of $3,744.74; the 63rd Avenue and Rice Creek Road improvement of the sanitary sewer system at a cost of $31,557.A4; and driveway construction at a cost of $13,496.31. Mr. Pribyl stated Part B of this improvement project includes extension of the storm sewer service at 6400 Central Avenue. He stated this improvement was petitioned for by the property owner. He stated the cost was $14,600, and the amount to be assessed, $12,200, will be spread over a 15 year period at 9-1/2 percent interest. He stated the remainder of the cost will come from the storm sewer escrow and storm sewer funds. � Mr. Pribyl stated Part C of this improvement project involves the Sears Surplus parking lot. He stated Shorewood Plaza Partners petitioned for this improvement and agreed to the assessment cost. He stated the total cost is $37,379.69 and will be spread over a 10 year period at an interest rate of 8 percent. Councilman Schneider asked if the assessment for Part A of this project was exactly as per the aqreement signed on March 23, 1988. Mr. Pribyl replied in the affirmative and stated the City�s costs were totally covered. No persons in the audience spoke regarding this proposed assessment. MOTION by Councilman Schneider to close trie public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:16 p.m. OLD BUSINESS: 5. CONSIDERATION OF SECOND READING OF AN ORDINANCE RECODSFYING THE FRIDLEY CITY CODE. CHAPTER 104, ENTITLED "TREE DISEASE" BY RENAMING CHAPTER TO "DISEASED TREES" AND BY AMENDING � SECTIONS 104.02. 104.04. 104.06, 104.08 AND 104.09: FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 1989 PAGE 6 � Mr. Flora, Public Works Director, stated this change to the Diseased Tree Ordinance includes identification of the Superintendent of Public Works as the City Forester; identification of the City Manager as the Director and Controller of the program; extends the response date for tree removal from l0 to 30 days; allowes the property owner to have a private diseased tree removed and assessed to the property for a period of five years; defines a boulevard tree within the street right-of-way; and identifies the City's responsibility for removal of boulevard trees and replacement of bare root trees on the owner's property. Mayor Nee stated he understands some residents may be concerned with this ordinance. Mr. George Tony, 5898 Aackmann Avenue, stated all the trees on the south side of Aackmann Avenue have been removed by the City. He stated there are seven trees remaining on the north side and most of them are diseased. He stated they are supposedly on private property, however, he measured the areas on the north side of the street where the City removed four trees and found the distances from the bottom of the curb to the base of the tree varied from 13 feet to 10 feet, S inches. He stated these trees were set back further than what the City olassifies as boulevard trees. Mr. Tony felt if the City removed some of the trees on the north side of � Hackmann Avenue, they should remove the remaining seven diseased trees. Councilman Schneider stated prior to 1982, there was a State program that provided funding for removal of diseased trees and a number of trees were removed by the City during that period on a cost sharing basis with the property owners. He stated this program terminated in 1982. Councilman Schneider stated in 1987, while the City was still inspecting trees, three trees on Hackmann Avenue were marked for removal by the City because they were diseased and, at that time, the property owners were advised they were boulevard trees, and would be removed. He stated after one of the trees was removed, it was determined that this was an error and the trees were not on the City's right-of-way. He stated the Council discussed this matter and he advocated that, since the City had marked the trees and advised the property owners they would be removed by the City, the City should make good its word and removed them at City expense. Mr. Tony stated every tree on Hackmann has been removed by the City, except those seven on the north side and he felt the City should remove them as they were planted as boulevard trees. Councilman Schneider stated the whole issue is where the tree is located. He stated if it is on City property, the City will remove ' it. � � '�J FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11 1989 PAGE 7 Mr. Tony stated you cannot take down trees that were not on City property and leave others. He felt they should receive the same consideration. Councilman Schneider stated the three trees removed by the City were in error and he will take responsibility for talking the Council into making good on the promise that was made to the property owners. He stated one tree was already down and the other two had been marked and the property owners advised by a City employee that the City would remove them. He stated it was a matter of the Council honoring their word. Councilman Schneider stated this ordinance the Council is considerinq would allow the City to remove diseased trees on private property, if the owner so desired, and spread this cost over a five year period. Mr. Robert Townsend, 5874 Hackmann Avenue, felt the road must have been re-surveyed, after the building contractor planted the trees. Mayor Nee stated the City determines where the paving is to be installed within the right-of-way. He stated the contractor had the authority to plant the trees anywhere on the lot. Mr. Townsend stated you cannot go by the stakes as his lot is 75 feet wide and the stakes are 66 feet apart. Councilman Schneider asked Mr. Townsend if his argument was the tree was on the City's right-of-way. Mr. Townsend stated the tree is on his property and it is obvious a mistake was made. Councilman Billings stated the building contractor hires a surveyor to lay out the plat and iron pins are installed at each of the property corners to show the location of the front yards. He stated whoever planted the trees, before the road was constructed, was using the pins to determine the location of the front yards. Mr. Townsend felt if the City removed trees which were not on City property, they should remove these other affected trees. He asked the cost for tree removal. Mr. Flora stated the cost is $7.90 a diameter inch for removal of the tree and another $1.45 a diameter inch for removal of the stump. Councilwoman Jorgenson reviewed costs for tree removal at various properties on Haokmann Avenue which ranged about $250 to $275. She L� FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11. 1989 PAGE 8 � stated she wished there was an easy solution to this problem. She stated if the City removed trees for the property owners on Hackmann Avenue, other residents in the City would have to be given the same consideration. Councilman Schneider stated he took an oath of office to do what was in the best interests of the City. He stated he felt it would be irresponsible for the City to remove the trees on Hackmann Avenue, as similar requests would have to be honored all over the City. He advised Mr. Tony if he can submit a petition with 500 signatures from residents indicating the City should remove the trees on Hackmann, but not on their street, he would proceed to have this accomplished. Mayor Nee stated the State Legislature did £und the program for disease management on these trees. He stated, however, this program became too expensive for the State and funding was eliminated. He felt if the State cannot find the funds, the City is surely not in a position to fund such a program. Mayor Nee stated he questioned Section 104.04, Subdivision 5, and felt it 5hould be better defined by making it more restrictive or removed. � Councilman Billings asked how this ordinance would impact on diseased pines. Mr. Flora stated only two types of disease are identified in the ordinance, Dutch Elm and Oak Wilt. He stated if another diseasa occurred, it could be added to this section. He felt this subdivision 5 could be deleted without impacting the ordinance. Mr. Burns, City Manager, asked if there was a dead tree that was a potential danger, if the nuisance ordinance could be used to abate the problem. Mr. Herrick stated that would be a possibility. Councilman Billings stated it is not known what diseases may affect trees and if the Council has to qo through the ordinance amendment process to cover all the diseases, a lot of trees may be lost. He stated if there is more appropriate language, he would like to consider it as an amendment in the future. He stated he was not prepared to eliminate that section from the statute at this time, as he felt the City is in need of some of the other items covered in this ordinance. Mr. Herrick felt what has to be considered is what is a nuisance and what is a reasonable use. Mr. Flora stated the reason he suggested the Council may want to � delete this subsection was because he was not sure of the language to be used or what other diseases need to be addressed. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11. 1989 PAGE 9 1 Councilman Schneider felt the language should probably relate to what constitutes a hazard to the health, safety, and welfare of the public. MOTION by Councilman Sohneider to table this item and direct staff to review Section 104.04, Subdivision 5, relative to the discussion this evening. Seconded by Counoilman Fitzpatriok. Upon a voice vote, Councilman Schneider, Councilman Fitzpatrick, Councilwoman Jorgenson and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. 6. CONSIDERATION OF FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CAAPTER 602, ENTITLED "BEER LICENSING" BY AMENDING SECTIQN 602.Q9.1. LICENSES REQUIRED: Mr. Pribyl, Finance Director, stated this item and items 7, S, and 9 all relate to changes in the City's Liquor Code to bring it into compliance with State Statutes. He stated there have been some changes in the hours and days for sale of beer and intoxicating liquor and no sales on Christmas Day, December 25 or Thanksgiving Day. Mr. Herrick, City Attorney, stated the City's ordinance may be more � restrictive than the State statute and the Council is not required to adopt these hours if they do not wish to do so. MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. CON5IDERATION OF FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE. CHAPTER 603, ENTITLED "INTOXICATING LIQUOR" BY AMENDING SECTION 603.11.1, HOURS OF OPERATION: MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. S. CONSIDERATION OF FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDVEY CITY CODE, CHAPTER 605, ENTITLED "INTOXICATING LI9UOR- -CLUBS" BY AMENDING SECTION 605.13.1. 605.13.2, RESTRICTIONS: MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11. 1989 PAGE 10 � 9. CONSIDERATION OF FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE. CHAPTER 606. ENTITLED "INTOXICATING LIOUORS, CONGRESSIONALLY CHARTERED VETERANS' ORGANIZATIONS" BY AMENDING SECTION 606.11.1, HOURS OF OPERATION: MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RESOLUTION NO. 73-1989 CONFTRMING ASSESSMENT FOR 1989 SERVICE CONNECTIONS• MOTION by Councilman Schneider to adopt Resolution No. 73-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RESOLUTION NO. 74-1989 CONFIRMING ASSESSMENT FOR WATER. SANITARY SEWER & STORM SEWER IMPROVEMENT PROJECT NO. 183 (83RDL MOTI4N by Councilman Schneider to adopt Resolution No. 74-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee dealared the motion carried unanimously. � 12. RESOLUTION NO. 75-1989 CONFIRMING ASSESSMENT FOR WATER. SANITARY SEWER & STORM SEWER IMPROVEMENT PROJECT N0. 188 �NORTHCO)• MOTION by Councilman Schneider to adopt Resolution No. 75-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RESOLUTION N0. 76-1989 CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. ST 1988 - 1& 2(PART A1: MOTION by Councilman Fitzpatrick to adopt Resolution No. 76-1989. Seconded by Councilman Sohneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 77-1989 CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. ST 1988 - 1& 2(PART B): MOTION by Councilman Fitzpatrick to adopt Resolution No. 77-1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION NO. 78-1989 CONFIRMING ASSESSMENT FOR 5TREET IMPROVEMENT PROJECT NO. ST 1988 - 1& 2(PART C): � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 1989 PAGE 11 MOTION by Councilman Fitzpatrick to adopt Resolution No. 78-1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. CONSIDERATION OF RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 30. 1989: A. ITEM FROM THE APPEALS COMMI55ION MEETING MINUTES OF AUGUST 22, 1989• A-1. CONSIDERATION OF A VARIANCE, VAR #89-16, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 30 FEET TO ALLOW THE CONSTRUCTION OF A NEW HOME ON LOT 10, BLOCK 2, RIVERWOOD PARK, THE SAME BEING 7110 RIVERWOOD DRIVE N.E., BY KENNETH A. TIGUE: Mr. Robertson, Community Development Director, stated this is a request £or a variance to reduce the front yard setback from 35 to 30 feet to allow the construction of a new home at 7110 Riverwood Drive N.E. He stated the petitioner, Mr. Tigue, is proposing to construct a 1,220 square foot single family home. Mr. Robertson stated when the street was platted, the right-of-way for the corner had a"bubble" in it. He stated if the 35 foot � setback is maintainedr on one corner of the garaqe, would be encroaching approximately five feet. He stated in looking at the plat map, the 30 foot setback is equal to the 35 foot setback on adjacent lots due to the "bubble" in the corner of the street. � Mr. Robertson reviewed alternatives which the petitioner could consider which would allow him to construct �he home without encroaching into the front yard setback. He stated the city could vacate five feet o£ the drainage and utility easement across the rear of the yard; vacate the easement only where the house would encroach into the easement; or build over the easement with a le�ter of indemnification to the City which would be recorded against the property. He stated the petitioner could also reduce the size o£ the home or build a two story home. Mr. Robertson stated staff recommended denial of this variance due to the various alternatives available to the petitioner, however, the Appeals Commission recommended approval by a 3 to 1 vote. Councilman Fitzpatrick stated this variance would not affect the line-of-sight for this home or the homes on either side of this lot. He stated the actual encroachment into the 35 foot setback is only on the corner of the building. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and grant variance, VAR #89-16, to reduce FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 1989 PAGE 12 ' the front yard setback from 35 to 3� feet at 7110 Riverwood Drive. Seconded by Councilman Billings. 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 August 30, 1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. CONSIDERATION OF ENTERING INTO AN AGREEMENT WITH BRUCE A. LEISCH TO C�NDUCT A WATER SOURCE STUDY: Mr. Flora, Public Works Director, stated Bruce A. Leisch and Associates has submitted a proposal to complete a water quality study for the shallow wells. He stated this agreement calls for completing the study in three months at a cost not to exceed $15,991. He stated the study will consist of assembling ground water information associated with the Fridley area and attempt to determine the source, quantities, and impact of trichlorethylene found in the Mount Simon aquifer within the Commons Park area. MOTION by Councilman Schneider to authorize the Mayor and City Manager to enter into this agreement with Bruce A. Leisch and Associates. Seconded by Councilwoman Jorgenson. Upon a voice � vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. This item was deleted from the agenda. 17. CONSIDERATION OF CHANGE ORDER NO. 12 TO FRIDLEY MUNICIPAL CENTER IMPROVEMENT PROJECT N0. 189: Mr. Flora, Public Works Director, stated this change order consists of 3 Proposals Requests and 8 Work Orders for the Municipal Center totaling $10,068 and 2 Work Orders for the ramp totaling $1,870. He stated it also includes the following: 1 Proposal Request for the Fire Department for $1,195; change in a Proposal Request #53 for the Compressor Room which is a deduction of $4,167; amendment of Proposal Request #19 for the east stairwell of the ramp to add a cost of $2,242; a contract amendment for Glewwe Doors, Inc. for additional hardware $1,666 and Guillaume and Associates for additional finishing work $4,740 which was deducted in Change Order No. 10 from Country Cabinets, Inc. MOTION by Councilman Schneider to authorize Change order No. 12 to the Municipal Center Improvement Project No. 189. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � a Y � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 1989 PAGE 13 18. CONSIDERATION OF RECEIVING BIDS AND AWARDING CONTRACT FOR STORM SEWER PIPE REPAIR PROJECT NO. 194 (BENNETT DRIVEI: Mr. Flora, Public Works Director, stated the City advertised for this project and a bid was received from the sole producer of the Insituform system, Insituform Central, Inc. in the amount of $24,799.72. He stated this company is currently working in the City of Minneapolis installing Insitu£orm an a number of sanitary sewer lines and by grouping this project, it should result in considerable savings in mobilization and installation costs. Mr. Flora stated it is recommended to receive the bid and award to Insituform Central, Inc. for $24,799.72. MOTION by Councilman Fitzpatrick to receive the followinq bid for Storm Sewer Pipe Repair Project No. 194: Insitu£orm Central, Inc. 4510 West 7th St., #100 Edina, MN 55435 $24,799.72 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' MoTION by Councilman Fitzpatrick to award the contract for Storm Sewer Pipe Repair Project No. 194 to Insituform Central, Inc. in the amount of $24,799.72. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. APPOINTMENT: CITY EMPLOYEE: MOTION by Councilman Fitzpatrick to cancur with the following appointment by the City Manager: NAME Michael Monsrud STARTING STARTING POSITION SALARY DATE REPLACES Police officer (partial exempt) $10.71 September Craig per hour 18, 1989 Gromek $1,858 per month Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. CLAIMS: MoTION by Councilman Schneider to authorize payment of Claims No. 1 28224 through 28381. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11. 1989 PAGE 14 21. LICENSES• MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. ESTIMATES: MoTION by Councilman Schneider to approve the estimates as submitted: Herrick and Newman 6401 University Avenue N.E., Suite 205 Fridley, MN 55432 Services rendered for August, 1989 .....$ 3,800.25 Newquist & Ekstrum Chartered Suite 301, Fridley Plaza 64D1 University Avenue N.E. Fridley, MN 55432 Services rendered for July, 1989 AEC Engineers & Designers 511 - llth Avenue South Minneapolis, MN 55414 3MG Concrete ReserVOir Repair Project No. 192 Partial Estimate . . . . . . $ 7,665.00 $ 3,500.00 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23. CONSIDERATION OF RECEIVING PROPOSED ORDINANCE CHANGE RELATIVE TO PARKING STALLS: Councilman Billings asked that the Council consider forwarding this proposed change regarding parking stalls to the staff for review and processing through the customary channels. Councilman Schneider felt this issue should probably have been discussed at a Conference Meeting. He stated he was totally unaware it was going to be submitted this evening. Mayor Nee stated he understands it is to be introduced only for study. Councilman Billings stated he is not requesting the Council to vote on the proposed change. He stated he knows of no other mechanism � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 1989 PAGE 15 for a Council member to submit proposed changes to the code. He stated if there is another procedure he should follow, he would do so. He stated he wanted staff to process this as a proposed change in the ordinance. MOTION by Councilman Billings to receive the proposed amendment to the City Code regarding the definition of parking stalls and refer to staff for review and processing. Seconded by Councilman Fitzpatrick. Upon a voice vote, Councilman Billings, Councilman Fitzpatrick, and Mayor Nee voted in favor of the motion. Councilman Schneider and Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried by a 3 to 2 vote. ADJOURNMENT: MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilman Schneider. 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 11, 1989 adjourned at 9:40 p.m. Respectfully submitted, -��� ;��-� � Carole Haddad 5ecretary to the City Council Approved: � i � ji�� % �,,��,�,uUr-y„� �__ William J. Nee Mayor