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12/10/1990 - 00006676� � � 09,� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 10, 1990 The Regular Meeting of the Fridley City Council was called to order at 7:33 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman Billings, Councilman Fitzpatrick, Councilman Schneider, and Councilwoman Jorgenson MEMBERS ABSENT: None Mayor Nee welcomed Councilman Schneider back to the Council following his illness. APPROVAL OF MINUTES: COUNCIL MEETING, NOVEMBER 19, 199D: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilwoman Sorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilwoman Jorgenson to adopt the agenda as submitted. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: PETITION FOR ACTION AGAINST OBSCENITY: Mr. Steve Boswell, 6800 Washington Street, reviewed events and discussions that have taken place since the location of the Fantasy House in Fridley. He stated that this business which specializes in pornography moved into the City without the City's knowledge as a result of the greed of the shopping center owner. Mr. Boswell stated that the City needed time to research the problem and come up with a solution. He stated that he knows the City has been working on a zoning ordinance with other jurisdictions; however, there still are no safeguards. Mr. Boswell submitted a petition for the City to continue efforts to pass zoning laws to control those businesses which sell, rent, or distribute material that is unsuitable for viewing by children. ��J He stated that they would give the oriqinal cogy of the petition � to Senator Frank to petition the State to clarify and strengthen the current State obscenity statute, including a ban on the sale of items whose purpose is to facilitate torture, bondaqe, or rape. He stated that the State should provide financial and legal aid to communities for the purpose of prosecuting pornography dealers. Mr. Boswell stated that the petition was signed by 2,278 persons who reside or do business in Fridley. Mr. Boswell stated he would agree that current State laws are vaque and difficult to enforce; however, this vagueness is a boom to porno owners. Ae asked that the City continue its efforts for enactment of a zoning ordinance as these efforts are clearly backed by the citizens of Fridley. MOTION by Councilman 5chneider to receive Petition No. 17-1990 for Action Against Obscenity. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Dacy, Planning Coordinator, stated that adult impact reports from St. Paul, Indianapolis, and Phoenix, as well as a copy of the Attorney General's Report, and a draft ordinance will be reviewed by the Planning Commission on December 12. She stated that it is intended that a public hearing will be scheduled before the Planning Commission on January 9, 1991 to review the proposed � ordinance. Councilwoman Jorgenson asked if the City could place a moratorium on adult businesses in the City. Mr. Herrick, City Attorney, stated that in a meeting with Carl Newquist and Jim Hill, the issue of a moratorium was discussed, and he will have some proposed legislation to the Council by the first meeting in January. He stated that an initial version of an obscenity ordinance has been drafted and felt it would be considerably more effective if some of these provisions were included in the State statute. He stated that one of the problems with the ordinance is that the City is limited to a misdemeanor prosecution which these operators do not consider of great substance. He stated that his office would be happy to aooperate, as far as sending materials to Senator Frank. INTRODUCTION OF ROBERTA ANDERSON, INTERN: Mr. Burns, City Manager, introduced Roberta Anderson who is attending St. Cloud State University and will be working as an Intern in the City Manaqer's Office. � as� FRIDLEY CSTY COUNCIL MEETING OF DECEMBER 10, 1990 PAGE 3 � OLD BUSINESS: 1. ORDINANCE NO 960 RECODIFYING THE FRIDLEY CITY CODE CHAPTER 205 ENTIT�Ep "ZQNING" BY AMEN�ING SECTIONS 205.09.06. 205 13 06 205.14.06. 205.15.06, 205.16.06, 205.17.06, 205 18 06 DELETING SECTIONS205 13 D5 D.(81 205.13.07.D_(1�,,_ (21 f3�, (41.fc1. f5) (�. 205.13.07.F. 205.14.O5.D.(81. 205.14.07.D. L1j (2) . (3) , (41 . (c) , (� . (6) , 205.14.07.F, 205.15.O5.D. (81 . 205.15.07.D. (lj_, czl. cs� , c4� . roL, (5) , f6i . 205.15.07.F 205.16.05.D.f8). 205.16.07.D.(11. (21. (3), (4).(c) (5) (61, 205.16.07.F, 205.17.05.D.(8), 205.17.07.D.(1), (21, (3), (4).(c). (5), t6), 205.17.07.F, 205.18.O5.D. (8Z, 205.18.07.D. (1) , (21 . (� , (4) . (c1 , (51 , f6) . 205.18.07.F AND RENUMBERING CONSECUTIVE SECTIONS: MOTION by Councilman Fitzpatrick to waive the reading and adopt Ordinance No. 960 on second reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Due to the length of the above ordinance, an official Title and Summary was prepared to be published that would inform the public of the inteTt and effect of the ordinance. � MOTION by Councilman Billings to waive the reading and adopt the Official Title and Summary of Ordinance No. 960 and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. ORDTNANCE N0. 961 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 206 ENTITLED "BUILDING CODE," BY AMENDING SECTIONS 206.01.02, 206.01.03. 206.01.04. 206.01.05, 206.03.02 AND 206.05: MOTION by Councilman Billings to waive the reading and adopt Ordinance No. 961 on second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. ORDINANCE NO. 962 RECODIFYING THE FRIDLEY CITY CODE CHAPTER 113. ENTITLED "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION", BY ADDING SECTIONS 113.06 AND 113.07. "SOLID WASTE ABATEMENT PROGRAMMING" AND "SOLID WASTE PROGRAM FEE". AND RENUMBERING THE PRESENT SECTIONS 113.D6 TO 113.08 AND 113.07 TO 113.09, AND THE REMAINING SECTIONS CONSECUTIVELY; FURTHER AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE ENTITLED "GENERAL PROVISIONS AND FEES", SECTION 11.10: MoTION by Councilwoman Jorgenson to waive the reading and adopt � Ordinance No. 962 on the second reading and order publication. Seconded by Councilman Sillings. ' � ' �9� FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 1990 PAGE 4 Councilwoman Jorgenson stated that she received a call from a resident regarding the fee the City pays to Super-Cyole and wanted some questions answered. She stated that the resident's concern was that Super-Cycle was making a profit from the materials collected in the City, She stated that staff has cheaked into this question. Councilwoman Jorgenson stated that about 70 percent of the materials aollected in Fridley is paper and Super-Cycle has to pay $2.5� per ton to get rid of this paper so they are actually losing. She stated that cardboard accounts for about 6 percent of the materials £or which Super-Cycle receives $lo.�o per ton; glass accounts for 19 percent and Super-Cycle receives $50.00 per ton; tin accounts for 3 percent and Super-Cycle receives $40.00 per ton; and aluminum is less than 2 percent for which Super-Cycle receives $900.00 per ton. Councilwoman Jorgenson stated tha� the costs to Super-Cycle are $40.70 for labor; $3.80 for insurance, $8.79 for maintenance on the trucks, for a total of $53.29 and does not take into consideration such items as costs for accounting, management, rent, etc. She stated that Super-Cycle collects 38 pounds at the average stop in Fridley and with all their costs, the net profit is $14.50 per ton on the recyclables collected. Councilwoman Jorgenson stated that Super-Cycle is not getting rich collecting recyclables. She stated that the reason they bother to aollect the materials is because it is mandated by State law. She stated that everyone has to work towards markets for these items and reduoe their non-recyclable materials. Mr. Burns, City Manager, stated that the City has one of the lowest fees in the area for this service. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 4. APPOINTMENT TO THE APPEALS COMMISSION (TABLED 11/19/901: MOTION by Councilwoman Jorgenson to table this item. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 5. RESOLUTION NO, 97-1990 PROVIDING FOR THE ISSUANCE AND SALE OF $1,615,000 GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 1991A• Mr. Pribyl, Finance Director, stated that bids were opened today for two different bond issues. He stated that Mr. Bob Thistle, representing Springsted, will report on the bidding process. � � u9� FRIDLEY CITY COUNCIL MEETING OF DECEMBER S0. 1990 PAGE 5 Mr. Thistle stated that the City's credit rating was re-affirmed at AaI by Moody's. He stated that there were some questions raised reqardinq fund balances, as there is a particular concern about this in Minnesota. He stated that the market for these bonds was very good, and the projection made in mid-November was a rate around 7.05%. Ae stated that the lowest rate for the water revenue bond was 6.7335� which was received from Norwest Investment �Services, Inc. He stated that it is recommended this bid be accepted by adopting this resolution. MOTION by Councilman Billings to receive the following bids for this water revenue bond issue: Bidder Norwest Investment Serv., Inc Amer. Natl. Bank St. Paul Dain Bosworth, Inc. Piper, Jaffray & Hopwood, Inc Prudential-Bache Capital Fundinq Price $1,591,195.1D $1,592,730.00 $1,594,812.50 $1,594,005.00 $1,590,776.10 Net Interest Cost & Rate $1,383,052.40 (6.7335%) $1,384,872.96 (6.7424%) $1,390,102.92 (6.7679%) $1,398,060,63 (6.806665%) $1,405,158.48 (6.8412%) Further, to adopt Resolution No. 97-1990, awarding the bid to the low bidder, Norwest Investment Services, Inc. at an interest rate of 6.7335�. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. RESQLUTION NO. 98-194� PRQVIDING FOR THE ISSUANCE AND SALE OF $1.020,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1991B: Mr. Thistle, Springsted, stated that it was projected the rate for these bonds would be around 6.73% and the actual low bid was 6.3250�. He stated that it is recommended the low bid of American National Bank St. Paul be accepted. MOTION by Councilman Fitzpatrick to receive the following bids for the improvement bond issue: Bidder Price ' American National Bank St. Paul $1,008,780.00 Net Interest Cost & Rate $432,001.84 (6.3250�) L ._I , � G9� FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10. 1990 PAGE 6 Bidder Norwest Investment Serv., Inc. Dain Bosworth, Inc. Piper, Jaffray & Hopwood, Inc Prudential-Bache Capital Funding Price $1,009,800.00 $i,00s,�so.00 $1,007,760.00 $1,004,700.00 Net Interest Cost & Rate $432,92$.33 (6.3386%) $434,343.12 (6.3593$) $437,002.50 (6.398572�) $444,550.63 (6.5087$) Further, to adopt Resolution No. 98-1990, awarding the bid to the low bidder, American National Bank St. Paul at an interest rate of 6.3250�. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RECEIVE AN ITEM FROM THE MINUTES OF THE APPEALS COMMISSION MEETING OF OCTOBER 30, 1990: A. VARIANCE REpUEST, VAR #90-3D, SY PAT AND RITA BOYLE, TO REDUCE THE SIDE YARD SETBACK FROM 17.5 FEET TO 4.5 FEET. TO ALLOW THE CONSTRUCTION OF A SECOND ACCESSORY BUILDING ON LOT l. BLOCK 2, SYLVAN HILLS. GENERALLY LOCATED AT 6261 RAINBOW DRIVE N.E.: Ms. Dacy, Planning Coordinator, stated that this variance is requested to reduce the side yard setback from 17.5 feet to 4.5 feet to allow the construction of a second accessory building. She stated that the Appeals Commission recommended approval of the variance noting the sight lines were not adversely affected. Ms. Dacy stated that the petitioner is also requesting a speaial use permit to allow the second accessory building at this location. Councilman Billings asked if there was anyone present this evening who opposed this variance. There was no response. MOTION by Councilman Billings to grant variance request, VAR #90-30 to reduce the side yard setback from 17.5 to 4.5 feet at 6261 Rainbow Drive N.E. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. I�� FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 1990 PAGE 7 � 8. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 14.1990: A. SPECIAL USE PERMIT SP #90-07 BY PAT AND RITA BOYLE, TO ALLOW A SECOND ACCESSORY BUILDING IN EXCESS OF 240 SQUARE FEET ON LOT 1 BLOCK 2. SXLVAN HILLS, GENERALLY LOCATED AT 6261 RAINBOW DRIVE N.E.: Ms. Dacy, Planning Coordinator, stated that this special use permit is requested in order to allow construction of a second accessory building on this property in excess of 240 square feet. She stated that the Planning Commission recommended approval of this special use permit with the stipulations that the accessory building shall be architecturally consistent with the existing house and the height of the accessory building shall be limited to 14 feet. Councilman Billings asked what was meant by "architecturally consistent". Ms. Dacy stated that the intent was to hold the petitioner to the type of construction submitted in the proposed drawing. Councilman Billings asked the petitioner, Mr. Boyle, if the drawing he submitted was consistent with the style of building he planned , to construct. Mr. Boyle stated that he would construct something very similar. MOTION by Councilman Billings to grant special use permit, SP #90- 07, with the following stipulations: (1) the accessory building shall be architecturally consistent with the existing house; and (2) the height of the accessory building shall be limited to 14 feet. 5econded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. ESTABLISH PUBLIC HEARING FOR JANUARY 7. 1991, FOR A REGISTERED LAND SURVEY, P.S. #90-06, BY GLACIER PARK COMPANY TO REPLAT THAT PART OF LOTS 2 AND 3. AUDITOR'S SUBDIVISION NO. 78. ANOKA COUNTY, MINNESOTA, GENERALLY LOCATED NORTH OF I-694 AND WEST OF MAIN STREET N.E.: MOTION by Councilman Fitzpatrick to set the public hearing on this plat for January 7, 1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planninq Commission Meeting of November 14, 1990. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' � V i FRIDLEY CITY COUNCIL MEETING OF DECEMHER 10, 1990 PAGE 8 � 9. SPECIAL USE PERMIT. SP #90-08, BY JOHN BABINSKI, TO ALLOW EXTERIOR STORAGE OF MATERIALS ON LOTS 1 THROUGH 20, CENTRAL AVENUE ADDITION. GENERALLY LOCATEI) AT 1290 73RD AVENUE N.E.: Ms. Dacy, Planning Coordinator, stated that since the petitioner was not here this evening, she would feel more comfortable with tabling the item until the next meeting on December 17. MOTION by Councilman Schneider to table this item to December 17, 1990. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. APPROVAL OF JOINT POWERS AGREEMENT FOR THE PROPOSED FIRE TRAINING FACILITY: Mr. Aldrich, Fire Chief, stated that this joint powers agreement for a proposed training facility has been reviewed and modified by Gregg Herrick of the City Attorney's Office and by Charles LeFevre on behalf of the City of Brooklyn Center. He stated that this agreement forms the Fire Training Association where six cities made up oi £our individual Fira Departments would jointly and collectively construct, use, and maintain a fire training facility. Mr. Alclrich stated that this facility would be constructed on � property owned by the City at 348 - 71st Avenue N.E. He stated that initial construction costs are projected to be about $200,000 which shall be shared equally by the parties. He stated that a limited annual operating budget would assess each party $1,500. Mr. Aldrich stated the aqreement includes a provision that allows the Chiefs of the Fire Departments strict control over the yearly operating costs and does not anticipate costs would run out of control. He stated that Fridley would act as the construation agent because the facility is being constructed in the City. He stated that major repairs or alternations, regardless of who proposes them, cannot be done without approval of the Councils. Mr. Aldrich stated that he recommends the Council oonsider entering into this joint powers agreement for a training facility. MOTION by Councilman Fitzpatrick to approve the Fire Training Association Joint Powers Agreement and authorize the Mayor and City Manager to enter into the agreement. Seconded by Councilwoman Jorgenson. Councilwoman Jorgenson thanked Mr. Aldrich for all the work he has accomplished in regard to this traininq facility. She stated that she felt it would be a great asset to all the local Fire Departments. � Councilman Schneider stated that this was a good example of governments working together. �I � � YO4 FRIDLEY CITY CQUNCIL MEETING OF DECEMBER 10. 1990 PAGE 9 UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 11. RECEIVE BIDS AND AWARD CONTRACT TO REFURBISH THE FRTDI,EY FIRE DEPARTMENT'S AERIAL LADDER: Mr. Aldrich, Fire Chief, stated that only one bid from Determan Welding and Tank Service was submitted £or refurbishing the Fire Department's aerial ladder. He stated that with this refurbishing, it will probably extend the life of the ladder by ten to twelve years. Mr. Aldrioh stated that it is di£ficult to obtain bids on refurbishing; however, the bid by Determan is within the range they anticipated it would cost to have this work completed. He stated it is recommended that the contract for refurbishing the aerial ladder by awarded to Determan Welding and Tank Service, Ina. in the amount of 551,234. Councilman Billings asked if Determan Welding has done work for the City in the past. Mr. Aldrich stated that they have not done any major refurbishing, but have done some work on pumps. Ae stated that they are very competent and qualified and felt tihey would do a good job for the - City. MOTION by Councilman Billings to receive the following bid Eor the repair of Ladder Truck No. 2: Determan Welding & Tank Service, Inc. $51,234.00 Further, that the contract be awarded to Determan Welding and Tank Service, Inc. for refurbishing the aerial ladder in the amount of $51,234. Seconded by Councilwoman Jorgenson. Councilwoman Jorgenson asked the cost of a new truck. Mr. Aldrich stated that a new truck would cost between $400,000 to $500,000. He stated that one was recently delivered to Elk River at a cost of $475,000. He stated that the average life would be about 25 years. Mr. Aldrich stated that Fridley's truck is eighteen years old and it will probably run another fifteen years. He stated that with the addition of the new unit, they will be able to place this unit into a reserve status. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. ��� FRIALEY CITY COUNCIL MEETING OF DECEMBER 10, 1990 PAGE 10 1 12. APPROVAL OF AMENDMENT TO THE ANIMAL CONTROL CONTRACT: Mr. Hill, Public Safety Director, stated that in July, when the Anoka County Humane 5ociety cancelled their contract, the City contracted with Skyline Veterinary Hospital for animal control services. He stated that the City is currently paying $830 per month, and Skyline has requested an increase to $1,100 per month. Mr. Hill stated that the $830 per month rate was based on a projection of 20 animals per month; however, the City has been averaging 32 animals per month and, apparently, $830 is not sufficient to cover Skyline�s costs. Mr. Hill stated that in checking with the Humane Society, this sudden increase in animals is County-wide. He stated that various alternatives have been considered; however, he felt it would be best if the City agreed to an amendment and increase the monthly fee to $1,10o per month with Skyline Veterinary Hospital. He stated that, at this time, all other cities are paying higher rates. Councilman Fitzpatrick asked if the Police Department picks up animals. Mr. Hill stated that they normally would not pick up animals, � unless they are called by a resident. He stated that Skyline Veterinary Hospital does everythinq possible not to destroy an animal. Councilwoman Jorgenson stated that an alternative may be to offer a free neutering service. MOTION by Councilwoman Jorgenson to approve the amendment o£ the animal control contract with Skyline Veterinary Hospital to increase the compensation from $83o per month to $1,100 per month. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RECEIVE COMPUTER SPECIFICATIONS AND REQUEST APPROVAL TO ADVERTISE FOR VENDOR SIDS ON SOFTWARE AND HARDWARE: Mr. Pribyl, Finance Director, stated that the specifications for the software and hardware have been included in the Council's packets. He stated that the specifications were reviewed by the City's Computer Review Committee which included Councilman Schneider and Councilman Billings. He requested that the Council receive the specifications and authorize advertising for bids for software and hardware. MOTION by Councilman Billings to receive the computer � specifications and authorize advertising for bids on software and hardware. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. YO� FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 1990 PAGE 11 ' 14. RESOLUTION NO. 99-1990 AUTHORIZING AN INCREASE IN COMPENSATION FOR FRIDLEY CITY EMPLOYEES FOR THE 1991 CALENDAR YEAR: Mr. Hunt, Assistant to the City Manager, stated that staff is proposing a 4 percent cost of living increase for City employees. He stated that various indioators were reviewed on cost of living adjustments, some are above this figure and some in the privatie sector are below. Mr. Hunt stated that the June 1990 consumer price index for the Twin Cities was 4.3 percent above the previous year. He stated that in an informal survey of 22 comparable cities in the metropolitan area, the anticipated cost of living adjustment was almost exactly 4 percent. Mr. Hunt stated that a$30.00 per month increase is recommended for those employees on Option A of the Flexible Benefit Plan and a $10,00 per month increase for those employees on Option B of the Flexible Benefit Plan. MOTION by Councilman Billings to adopt Resolution No. 99-1990. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO. 100-1990 TO ADVERTISE FOR BIDS FOR ONE (11 SIX- WHEEL DRIVE SLOPE MOWER/TRACTOR: ' Mr. Flora, Public Works Director, stated that $30,700 was budgeted in the 1990 Storm Sewer Capital outlay budget for this mower/ tractor to aut weeds and grass along the storm ditches and holding ponds throughout the City. He stated that it is recommended the Council adopt this resolution authorizing the advertisement for bids. MOTION by Councilman Fitzpatrick to adopt Resolution No. 100-1990. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RESOLUTION N0. 101-199D AUTHORIZING THE TRANSFER OF RESIDUAL CASH AND INVESTMENT BALANCES FROM VARIOUS DEBT SERVICE FUNDS TO THE IMPROVEMENT BONDS OF 1980 AND THE CLOSED DEBT SERVICE FUND: Mr. Pribyl, Finance Director, stated that this resolution transfers residual funds from the following closed Debt Service Funds: (1) 1975 General Obligation Refunding Bonds; (2) Improvement Bonds of 1976; and (3) Improvement Bonds of 1977. He stated that in the review process for the bond ratinqs, this was one of the areas Moody's keyed into and where they found the City extremely strong. MOTION by Councilman Billings to adopt Resolution No. 101-1990. � Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � �I L YO� FRIDLEY CITY COUNCIL MEETING OF QECEMBER 10. 149� PAGE 12 17. RESOLUTION NO. 102-1990 IN SUPPORT OF AN APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE TO THE CHURCH OF SAINT WILLIAM: MOTION by Councilman Billings to adopt Resolution No. 102-1990. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. RESOLUTION NO. 103-1990 IN SUPPORT OF AN APPLICT�TION FOR A LAWFUL GAMBLING EXEMPTION TO TOTINO-GRACE HSGH SCHOOL: MOTION by Councilman Billings to adopt Resolution No. 103-1990. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. RESOLUTION N0. 104-1990 IN SUPPORT OF AN APPLICATION FOR A LAWFUL GAMBLING PREMISE PERMIT FOR FRIDLEY MOOSE LODGE NO. 38: MOTION by Councilman Billings to adopt Resolution No. 104-1990. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 20. RESOLUTIQN NO. 105-1440 IN SUPPORT OF AN APPLICATION FQR A LAWFUL GAMBLING LICENSE FOR FRIDLEY JAYCEES IN 5ANDEE'S: MOTION by Councilman Billings to adopt Resolution No. 105-1990. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. RESOLUTION N0. 106-1990 IN SUPPORT OF AN APPLICATION FOR A LAWFUL GAMBLING PREMISE PERMIT FOR FRIDLEY JAYCEES IN �TOE DIMAGGIO'S: MOTION by Councilman Billings to adopt Resolution No. 106-1990. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. �2ESOLUTION NO. 107-1990 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR THE FRIDLEY VFW POST 363: MOTION by Councilman Billings to Seconded by Councilman Fitzpatrick aye, Mayor Nee declared the motion 23. INFORMAL STATUS REPORT5: COMMONS TCE STUDY: adopt Resolution No. 1D7-1990. . Upon a voice vote, all voting carried unanimously. Mr. Flora, Public Works Director, stated that two representatives from Bruce A. Liesch Assaciates, Mike McMurtry and Jim de Lambert, � i0�.� FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10. 1990 PAGE 13 ' are here this evening to present a summary on the wells monitored in Commons Park. Mr. Mike McMurtry stated that he wished to update the findings from the well monitoring program and remedial and investigative options for the City. He stated that the area of study was the Commons Park well field where four of the City's most productive wells are located. He stated that these are wells No. 6, 7, 8, and 9 and in the Prairie du Chien aquifer. He stated that the focus this summer was to install monitoring wells in order to sample water from the glacial drifts. He stated that based on the water quality results from the samplings, the glacial drift deposits in the vicinity of Commons Park Well Field do not appear to be impacted by TCE contamination. Mr. McMurtry stated that in Well No. 9, in the Prairie du Chien aqui£er, levels of TCE were first detected in 1984. He stated that this well continued to be the main culprit with levels above the maximum contaminant level (MCLJ of 5 parts per billion. He stated that this year, one sample reached 30 parts per billion. He stated that Well No. 8 had never previously reached the MCL and did this year and Wells No. 6 and 7 have intermittently been up and down and exceeded the MCL. ' Mr. McMUrtry stated the sampling this summer suggested that there is no contamination in the glacial drift formation and it would be more logical to focus on a regional contaminant source. Mr. McMurtry stated that he felt there were several options the City could take in dealing with the TCE. He stated that one option is not to take any action. He stated that the Health Department considers a minimum level of monitoring is necessary to insure the distributed water is below the MCL. He stated that the second option is to treat the water, and that it would probably take a minimum of a year to design and build such a facility. He stated that the cost would probably be between 1 to 4 million dollars for a permanent facility. Mr. McMurtry stated that another option is a water quality monitoring program with monthly and quarterly sampling at a cost of about $16,000 a year for the monthly analysis and $5,OOD a year for the quarterly review. He stated that still another option would be to expand the monitoring well program and install deeper monitoring wells at Commons Park that penetrate the Prairie du Chien - Jordan formation. He stated that the cost for expanding the monitoring would be about $10,000 per year, and the cost to install deeper wells would be about $50,000. Mr. McMurtry stated that a potential contamination update could ' also be considered to evaluate MPCA files and look a� pumping data from New Brighton or other communities. He stated that the cost for this option would be about $6,200 a year. 1 � �S FRIDLEY CITY COIINCIL MEETING OF DECEMBER 10, 1990 PAGE_14 � Mr. McMurtry stated that the final option is a Wellhead Protection Grant. He stated that this involves well monitoring, a review of facilities upstream of the aquifer to identify sensitive areas, and investigate where potential spills could damage the quality of the water. He stated that Fridley has already undertaken certain aspects of such a program. He stated that the Clean Water Partnership with the State provides matching funds and is a fairly new program in the State. Mr. Flora stated that the City does not have a contamination problem in the soil in the Commons Park area. He stated that there is TCE in the aquifer from which the City is pumping. We do not know the source of the contamination. He stated that Bruce A. Liesch Associates is proposing some options on what courses of ackion the City may wish to follow. Ae stated that based on health standards, the City does not produce a contaminated water. Mr. Flora felt that it would be best to continue to work with Bruce A. Liesch Associates to determine if they can find the source of the pollution. He stated that even if the source was found, there is a question if the City could obtain any reimbursement because we do not have a"health" problem. He stated that if the source is found, action could be taken with the MPCA to remove the contamination and eliminate future problems. � Mayor Nee asked if Well No. 9 could be driven down deeper. Mr. Flora stated the MN Pollution Control Agency's position is that they do not want the City to avoid the problem, but to deal with it. He stated that with New Brighton coming back on line and using the aquifer, he did not know what affect it would have on the contamination. He stated that the Army will be pumping additional water out of the ground water at the Twin City Arsenal recovery site and treating that water and that may have an impact. Councilwoman Jorgenson stated that she had some concern when Well No. 9 was taken off line if some TCE would be picked up in other wells. Mr. McMurtry stated that Well No. 9 has the highest levels, but since it is not in production, TCE contamination has increased in Well I3o. 8. He stated that, tentatively, it also looks like an increase in the other wells. Ae stated that he felt there was a suggestion that more TCE is moving towards the other wells because of the additional pumping. Councilwoman Jorgenson asked if some monitoring wells were installed, if Bruce A. Liesch would suggest locations. � Mr. Flora stated that Bruce A. Liesch is proposing three deeper monitoring wells into the aquifer itself and obtaining data from wells outside of Fridley to determine the flow and direction of the � L� 1 � �0� FRIDLEY CSTY COUNCIL MEETING OF DECEMBER 10, 1990 PAGE 15 contaminant. He stated that Mounds View receives water from the aauifer and does not have anv contamination. Mr. McMUrtry stated that, in Fridley, there has been only one predominant contaminant which is TCE. Mr. Flora stated that he would recommend the Council receive the report from Bruce A. Liesch Assooiates and staff will continue to work with them regarding a recommendation to the Council. MOTION by Councilwoman Jorgenson to receive the Fridley Monitoring Well Installatian Report dated October, 1990 from Bruce A. Liesch Associates, Inc. Seconded by Councilman Fitzpatrick. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Counoilman Schneider asked if any more is known now than before the study was completed. Mr. McMurtry stated the study concluded that it the contamination source is immediately upgrade the sands and gravel. He stated that if contamination in the local wells, they could hav in Commons Park. He stated that even though it the source, he would like the City to consi glacial drift wells. 24. CLAIMS: is less likely that of Commons Park in they had detected e checked the soils is most likely not �er monitoring the MOTION by Councilman Billings to authorize payment of Claims No. 35018 through 35384. Seconded by Councilwoman Jorgenson. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 25. LICENSES: MOTION by Councilman Fitzpatrick 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. 26. ES`PIMATES• MOTION by Councilwoman submitted: Jorgenson to approve the estimates as � � L _! �o� FRIDLEY CITY COUNCIL MEETSNG OF DECEMBER 10, 1990 PAGE 16 Lindahl & Carlson 1821 University Avenue Suite 318 St. Paul, MN 551a4 1990 Miscellaneous Concrete Curb, Gutter & 5idewalk Project FINAL ESTIMATE . . . . . . . . . Herrick & Newman 205 Fridley Plaza Offioe Building 6401 University Avenue N.E. Fridley, MN 55432 Services Renderad as City Attorney for the Month of November, 1990. ..... Newquist & Ekstrum, Chartered 301 Fridley Plaza office Building 6401 University Avenue N.E. Fridley, MN 55432 $ 1,625.39 $ 2,016.90 Services Rendered as City Prosecuting Attorney for the Month of September, 199D. .$ 7,138.00 AEC Engineers & Designers 511 - lith Avenue South Minneapolis, MN 55415 Phase II - 3 MG Concrete Reservoir Repair Project No. 200 (Inspection Services) Partial Estimate . . . . . . . . . . . . . . $ 591.50 Phase II - 3 MG Concrete Reservoir Repair Project No. 200 (Inspection Serviaes) Partial Estimate . . . . . . . . . . . . . . $ 4,239.48 Seconded by Councilman Billings. Upon a voice vate, all voting aye, Mayor Nee declared the motion carried unanimously. � i9U FRIDLEY CITY COUNCIL MEETING OF DECEMBER iD, 1990 PAGE 17 � 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 December 10, 1990 adjourned at 9:13 p.m. Respectfully submitted, �!�-< .�✓ ��/� �� Carole Haddad Secretary to the City Council Approved: � 1 Willia����� Mayor