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08/12/1991 - 00006142� � , THE MINUTES OF TAE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF AUGIIST 12, 1991 The Regular Meeting of the Fridley City Council was called to order at 7:35 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Councilmembers and audience in the Pledge of Allegiance. ROLL CALL: MEMBER5 PRESENT Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider, and Councilman Fitzpatrick MEMBER5 ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING. JULY 22, 1991: MOTION by Councilman Schtteider 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 AGENDT�: MOTION by Councilman Fitzpatrick to adopt the agenda as submitted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARING• 1. PUBLIC HEARING ON VACATION, SAV #91-03, BY WILLIAM PICKERING, TO VACATE THE SOUTHERLY 20 FEET OF THE NORTHERLY 40 FEET OF A DRAINAGE AND UTILITY EASEMENT LOCATED ON LOT 11. BLOCK 2, INNSBRUCK NORTH. GENERALLY LOCATED AT 1467 NORTH INNSBRUCK DRIVE N.E.: MOTION by Councilman Schneider to waive the reading of the puUlic hearing notice and open 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 opened at 7:37 p.m. r vtA FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 1991 PAGE 2 ' Ms. Dacy, Community Development Director, stated that this is a request to vacate the south 20 feet o£ a 40 foot drainage and utility easement at 1467 Innsbruck Drive N.E. She stated that in 1980 the homeowner applied for a building permit to construct a swimming pool. She stated that it was indicated the pool would be located outside the 40 foot drainage and utility easement; however, it was constructed with 10 feet encroaching into the easement. She stated that the encroachment was discovered at the time the house was sold. Ms. Dacy stated that the Engineering �epartment has reviewed this request and determined that vacation of this part of the easement would not have an adverse impact on the function of the easement, and there is adequate property to handle any runoff. She stated, however, that they have recommended only a 15 foot vacation to insure there is adequate space within the easement should any work need to be performed in this area. Ms. Dacy stated that the Planning Commission has recommended approval of the vacation of 15 feet of the drainage easemente Councilman Schneider asked if the City has any record of drainage problems since the pool was constructed. � Ms. Dacy stated that staff is not aware of any problems in this area. Councilwoman Jorgenson asked if the pool was inspected by the City�s inspectors. Ms. Dacy stated that there was an inspection and, in this case, the setbacks were correct, but the drawing showed that it was not in the easement. Councilman Schneider stated that he felt it was also the obligation of the contractor to make sure the pool is located in the proper place on the site. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:43 p.m. NEW BUSINESS• 2. RESOLUTION NO. 59-1991 IN SUPPORT OF A MINNESOTA LAWFUL GAMBLING APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE TO TOTINO-GRACE HIGH SCHOOL: � MOTION by Councilman Billings to adopt Resolution No. 59-1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. f', , "_ FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 1991 PAGE 3 � 3. RESOLUTION N0. 60-1991 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING BINGO HALL LICENSE FOR THE KNIGHTS OF COLUMBUS: MOTION by Councilman Schneider to adopt Resolution No. 60-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. RESOLUTION NO. 61-1991 IN SUPPORT OF THE ESTABLISHMENT OF A MULTI-JURISDICTIONAL SENIOR CITIZENS CENTER TASK FORCE: Mr. Burns, City Manager, stated that the City Councils of Fridley, New Brighton, Mounds View, and Spring Lake Park are studying the possibility o£ establishing a Regional Senior Center Task Force to decide if a regional senior center should be constructed to serve the £our communities. He stated that this Task Force would be composed of elected officials and others who have a stake in the senior center. He stated that a preliminary recommendation would be submitted by December 1, 1991, with a final report expected by February 15, 1992. Mr. Burns stated that the Task Force would address the feasibility of constructing a senior center and, if so, address the issues of programs, services, site selection, staffing, and funding. He � stated that the Task Force would also make recommendations regarding the consolidation and/or coordination of services currently provided by both private and public sector agencies. He stated that the Task Force shall determine whether or not a regional senior center shall be established under the authority of a special district, a joint powers agreement, or some other arrangement that may be mutually agreeable to the four cities. He stated that the four city managers/administrators of the cities involved, or their designees, are to be considered ex officio members of the Task Force. MOTION by Councilman Fitzpatrick to adopt Resolution No. 61-1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Jorgenson asked how interested citizens could obtain information on servinq on the Task Force. Mr. Burns asked that they call his office, as Fridley will have the largest representation on the Task Force. 5. FIRST READING OF AN ORDINANCE AMENDING SECTION 2.03.07 OF THE FRIDLEY CITY CHARTER: Mr. Hunt, Assistant to the City Manager, stated that this Charter � amendment relates to the amount of deviation allowed between wards upon redistricting. He stated that the amendment would change the � FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 1991 PAGE 4 � allowed deviation from one percent to three percent of the average ward's population. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Counailman Schneider. Upon a voice vote, all voting aye, Mayor Nee deolared the motion carried unanimously. 6. FIRST READING OF AN ORDINANCE AMENDING SECTION 2.05 OF THE FRIDLEY CITY CHARTER: Mr. Hunt, Assistant to the City Manager, stated that the essence of this Charter amendment is to change the manner in which vacancies on the Council are filled. He stated that currently the Charter allows that if there is one vacancy the Council must hold an election. He stated that if there are two or more vacancies the Council has the discretion of increasing the members to four by means of appointment. He stated that if there are more than two vacancies this becomes difficult, as the Charter states the Council can be increased by a unanimous resolution and, if the Council is down to less than three members, there would not be a quorum to adopt a resolution. Mr. Hunt stated that according to the proposed amendment if a � single vacancy occurs in the first three years of a term an election would be mandatory. He stated that if it occurs later the Council can exercise the option of calling an election or filling the vacancy by appointment. He stated that if the Council is below two members, the City Manager makes the appaintmant to raise the Council to a quorum. Mr. Aunt stated that several questions were raised when this proposed amendment was discussed at the last Council meeting. He stated that one question was if an election should be optional if a vacancy occurs in the fourth year of a term. He stated that some felt there should be an election and not an option for appointment. He stated that the issue of a primary was discussed. He stated that nei�her the present Charter nor the proposed amendment makes provision for a primary election. He stated that another issue was the length of time for conducting the election. It was felt additional time was needed in order for candidates to file. He stated that there was a question raised as to why the City Manager would be the appointing person if the Council was down to two members. Councilman Schneider felt that primarily on a single vacancy the public is best served by an election. He stated that if the length of time is short between the vacancy and the election he felt it would be better to leave the seat vacant and fill it at the time ' of the election. � � �� FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 1991 PAGE 5 � Councilwoman Jorgenson stated that she would agree with Councilman Schneider's remarks and felt that the public is best served if vacancies are filled by an election. Councilman Billings stated that when this proposed amendment was discussed at the last meeting it was indicated the Charter Commission would have no objection to reviewing some of the issues that were discussed. MOTION by Councilman Schneider to waive the first reading and approve the ordinance upon first reading. Seconded l�y Councilman Sillings. Upon a voice vote, all voted nay, and Mayor Nee declared the motian £ailed by an unanimous vote. 7. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TQ AMEND APPENDiX C OF THE CITY CODE• Ms. Dacy, Community Development Director, stated that the City Council conducted a public hearing at their last meeting on this alley vacation. She stated that the portion of the alley to be vacated is 243 feet south of the south line of 59th Avenue, generally located north o£ 58th Avenue, south o£ 59th Avenue, east of 2nd Street, and west of 2-1/2 Street. � Ms. Dacy stated that the Planning Commission reviewed this request at two meetings and recommended denial of this vacation. She stated that a concern was if 100 percent access could be provided to the Measner property. Ms. Dacy stated that the City Attorney and staff have been working on a number of issues with regard to this vacation request. She stated that the City Attorney has indicated that he would like to ask some questions of those persons who live adjacent to the alley and requested this item be tabled. Mr. Herrick, City Attorney, stated that this alley is located in an old plat, and part of the plat showed an alley dividing the properties. He stated the rule in Minnesota is that when a plat is filed and streets, alleys, parks, and other public areas are designated on the plat they serve as a dedication for the easement. He stated what that means, in this case, is that the area designated as the alley is reserved for use as an alley and the easement dedicated for that purpose. He stated that there are three ways the alley can cpme into existence. He stated that one way is for the City to open the alley by improving and maintaining, but he understands this has not happened in this case. He stated that another way an alley can come into existence is by common law usage which requires a number of people to use the easement as an � alley, which was done by the public over an unspecified period of time. Another way is by adverse possession. He stated that the common law usage may be the way this alley was established. x -, ,� � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 1991 PAGE 6 Ms. Jean Hagberg, 5881 2nd Street, stated that she has lived at this address since 1964. She stated that the alley has never been plowed in the winter. 5he stated that in the summer, once in a while a car can get through, however, it is pretty overgrown. She stated that otherwise, there has not been any travel through the alley. Mr. Herrick asked if the alley behind Ms. Hagberg's home and to the south was not physically open until last year. Ms. Hagberg stated that there is a car that drives through there once in a while. Mr. Herrick asked about the use of the alley further south. Ms. Hagberg stated that just about everyone enters their property from the street as they have no reason to use the alley. She stated that Mr. Measner has been using the alley to get to his property. Mr. Herrick asked if the prior owners of Mr. Measner's property used the alley. Ms. Hagberg stated that she believed they tried to get through there once or twice. She stated that there was a large tree in the alley easement which they removed. Mr. Herrick asked the appearance of the alley and if it looks like someone's yard. Ms. Hagberg stated that it is like a road but it is overgrown. She stated that it was their intention to have the alley vacated before they filled in the ruts, but they have already done this work. She stated that they should have had the vacation first and then filled in the ruts and cut down the tree. Mr. Herrick asked if Mr. Measner used both the north and south accesses to the alley. Ms. Hagberg stated that she uses both accesses. She stated, however, that she has been advised by her garl�age hauler that he could not get through the alley. Mr. Herrick stated that to summarize Ms. Hagberg's comments, since 1964 the alley was used only occasionally until Mr. Measner moved in and has made some use of the alley. Mr. Measner, 5834 2-1/2 Street, stated that he understands people have used the alley in the past. He stated that he is confused as � the neighbors at one meeting say they want the alley closed because of traffic, and at the next meeting they say there has been no traffic. He stated that he does not really understand the problem. �- � r _ �� � � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 1991 PAGE 7 He stated that the alley has been there for years, and he has no access into his property other than to use the alley. Mr. Herrick stated he recognizes that Mr. Measner drives to the rear of his property and asked if he parks his car in the back. Mr. Measner stated that he does park in the back and would like to construct a garage. He stated that he checked with City staff if this was an alley, as there was brush and other things to deter him from using the alley. Mr. Herrick stated that the City has not established an alley. He stated that there is an easement and, depending on how it has been used in the past, may determine if an alley has been created or not. Councilman Fitzpatrick asked if the vacation request has any bearing on whether this is or is not an alley. Mr. Herrick stated that if the vacation is approved, Council would clearly be vacating an alley easement. He stated that if it is an established alley, and if it is vacated and one of the property owners is damaged, they would be entitled to compensation. He stated that if an alley has not been established and is vacated, then he believed that party would not be entitled to compensation. Councilwoman Jorgenson stated that she drove through the alley, and it seems to be narrower than 12 feet. She stated that there are fences on the lot line; however, she was able to get through without scratching her vehicle. She stated that there is no grass growing over the ruts so cars are obviously using the alley. Councilwoman Jorgenson asked if Council does not vacate the alley if neiqhbors could put up fences and prohibit Mr. Measner from using the alley. Mr. Herrick stated that this could be done if the alley is not established by common law use. Ms. Cheryl Williamette, 6004 2-1/2 Street, stated that she was the previous owner of Mr. Measner's property and lived at the property from 1975 to 1986. She stated that she and her husband used the alley for five of these years. She stated that they had three vehicles, and all three could fit into the back yard. She stated that if a garage were constructed and plaaed forward on the property, it would be accessible. She stated that there are bicycles, motorbikes, and people walking who use the alley. She stated that the apartment building traffic uses the alley on the south. She stated that she did not know how long fences have been established to the north. She s�ated that the alley has been blocked with snow occasionally, but she kept it open for five years she lived there. f ;q� � � ' FRIDLEY CITY COUNCIL MEETING OF AUGUST 12. 1991 PAdE 8 Mr. Jerry McNurlin, 250 Sylvan Lane, stated that he owns the property at 5820 2-1/2 Street and his tenants do use the alley. He stated that most people exit to the south, but they could exit to the north. He stated that he did not object to vacating the alley if the entire alley is vacated. He stated that he did object to vacating only a portion. Mr. Herrick asked Mr. McNurlin how long he has owned this apartment and if he has seen his tenants using the alley. Mr. McNurlin stated that he has owned the building since 1979, and he has seen his tenants use the alley. Ms. Becky Street, 5825 2nd Street, stated that she has not noticed much traffic on the south end of the alley. She stated that if Council is going to vacate the alley, the entire alley should be vacated. She stated that there is a lot of partying that goes on in the alley, and her main concern is that i£ only half of the alley is vacated she will have additional problems behind her property. Mr. Aerrick asked if she has seen some use of the alley since 1989. Ms. Street stated that she has used the alley several times herself. Ms. Judy Konsela, 5828 2-1/2 Street, stated that she has lived at this address for eight years, and there is traffic throuqh the alley all the time. MOTION by Councilman Fitzpatrick to table this item until a recommendation is received from the City Attorney. Seconded by Councilman Schneider. iTpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 13, 1991: A. ESTABLTSH PUBLIC HEARING FOR AUGUST 26, 1991, FOR A REZONING, ZDA #91-01. BY MARK KVALHEIM OF BAILEY ENTERPRISES. INC.. TO REZONE FROM R-3. GENERAL MULTIPLE DWELLING, TO C-2, GENERAL BUSINESS. ON LOT 17, BLOCK 5, AND THE SOUTH 7.3 FEET OF LOT 16, SLOCK 5, RICE CREEK PLAZA SOUTH ADDITION, GENERALLY LOCATED AT 203-205 MISSISSIPPI STREET N.E.: MOTION by Councilman Fitzpatrick to set the public hearing on this rezaning, ZOA #91-01, for August 26, 1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission meeting of July 13, 1991. Seconded by p ,�- � � FRIDLEY CITY COANCIL MEETING OF AUGUST 12, 1991 PAGE 9 � Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF JULY 9. 1991: A. VARIANCE REOUEST, VAR #91-19, BY RANDALL OLCHEFSKE OF RIVERSIDE AUTO WASH. INC., TO REDUCE THE REQUIRED FRONT YARD SETBACK FROM 35 FEET TO 10 FEET, TO ALLOW THE EXTENSION AND ENCLOSURE OF A CANOPY ON TRACT D. REGISTERED LAND SURVEY NO. 19, THE SAME BEING 6520 EAST RIVER ROAD N.E.: Ms, Dacy, Community Development Director, stated that this is a request for a variance to reduce the required front yard setback from 35 feet to 10 feet for the property at 6520 East River Road N.E. She stated that the petitioner received a special use permit for expansion of a car wash facility in April of 1991 and a variance tp reduce the front yard setback from 35 feet to 19 feet in conjunction with the car wash expansion. Ms. Dacy stated that when the petitioner was preparing for construction of the addition, he discovered there was petroleum contamination of the soil, and he would be required to remove the petroleum tanks and install monitoring equipment under Pollution � Control Agency regulations. She stated the petitioner has determined that he would be unable to replace the petroleum tanks due to excessive cost, and he re-evaluated his original addition plans. She stated that the petitioner has now decided he will not need the canopy which was located over the petroleum tanks and would prefer to accommodate the window washinq and interior cleaning within this canopy area. She stated that a variance is needed in order to enclose the canopy area. Ms. Dacy stated that the Appeals Commission recommended approval of the variance, as they felt there was not any interruption to the sight lines, as the elevation is higher than Mississippi Way. She stated they also added a stipulation that the petitioner contact the Rice Creek Watershed District to determine if a permit is necessary. She stated that this has been done, and no permit is required. Mr. Olchefske stated it was found that there was soil oontamination on the site and to replace the petroleum tanks would aost $70,000. He stated that he decided, therefore, not to sell gasoline, and the tanks have been removed and the soil corrected. He stated that about 80 percent of their car wash customers want full service, and he did not feel he could stay in business without providing this service. He stated that they will not have the advantage of selling gas but felt some profits could be made by offering a full � service car wash. f - H, � � � � FRIOLEY CITY CQUNCIL MEETING OF AUGUST 12. 1991 PAGE 10 Councilman Billinqs asked how many variances were issued for this property in prior years. Ms. Dacy stated that the only one she is aware of is the one issued last year. She stated that in looking at the site plan she would estimate there were parking variances along Mississippi Street. Councilman Billings stated that when he was a member of the Planning Commission there was a request before them regarding this property; however, he could not recall the details. Mr. Olchefske stated he felt that issue was the rezoning for the car wash. He stated that he did not recall any other variance. MOTION by Councilman Fitzpatrick to concur with the recommendation o£ the Appeals Commission and grant Variance Request, VAR #91-19. Seconded by Councilwoman Jorgenson. Councilman Billings asked the stated hardship for this variance request and if this falls under the guidelines of the Minnesota statute. Ms. Dacy stated that Mr. Olchefske has submitted a letter outlining the hardships. Councilman Billings questioned if economic reasons were a basis for a hardship. Ms. Dacy stated it is her understanding that economic reasons are not a basis of a hardship for a variance. Councilman Billings stated Mr. Olchefske's letter indiaates that it is not economically feasible to invest in new petroleum tanks. He questioned if a variance can be issued under these circumstances. Ms. Daay stated that the Appeals Commission's recommendation was based on the intent that the front yard setback was to protect the sight lines, but because the car wash was higher than the street, enclosing the canopy would not adversely affect the sight lines. Mr. Olchefske stated although his letter states that it is not economically feasible to invest in new petroleum tanks, the fact is he needs the variance in order to remain in business. He stated that there is not another car wash in Fridley that offers full service. He stated that everything evolves around the economy, but he is not claiming that as an issue here. He stated that even though the tanks could not be installed because of the cost, the variance is needed for survival of his business. Councilman Billings asked what functions of the business would be conducted in the enclosed area. � �',I FRIDLEY CITY COIINCIL MEETING OF AUGUST 12, 1991 FAGE 11 � Mr. Olchefske stated that this area would be used for vacuuming the interiors of vehicles and washing windows. He stated that unless he is able to enclose the area he cannot function as a full service car wash, as the window washing has to be done in an enclosed area. xe stated that the car wash is only a single lane and, with only a single exit, there is no room to stop and vacuum the cars and wash windows. Mr. Olchefske stated that there is an area for customers to wait, and there will be some merchandise for sale such as floor mats and air fresheners. He stated that they would also sell refreshments suoh as coffee, pop, donuts, etc. Councilman Billings stated that he did not feel there was a clear hardship as defined under Minnesota statutes. Councilwoman Jorgenson asked if the fact that Mr. Olchefske may not be able to retain his business constitutes a hardship. Ms. Dacy replied in the negative. Mayor Nee stated that this site is unique, and there is a strange configuration of the lot. UPON A VQICE VOTE TAKEN ON THE ABOVE MOTION, Councilman � Fitzpatrick, Councilwoman Jorgenson, Councilman Schneider 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. 10. APPROVAL OF HOUSE TRAILER APPLSCATION FOR FRIDLEY CONVALESCENT HOME LOCATED AT 7590 LYRIC LANE N.E.: Ms. Dacy, Community Development Director, stated that a license is required for placement of a manufactured home if it is not located in a licensed mobile home park, and the Fridley Convalescent Home is proposing to locate a house trailer to the east of the existing facility. She stated that the State has imposed a moratorium on expansion of nursing home facilities and, therefore, they are not permitted to expand unless it is below a specified dollar amount. She stated that the value oE placing the trailer on the property is below this State requirement. Ms. Dacy stated that the trailer would be used by existing personnel for a classroom, office, and a therapeutic recreational area. She stated that it is recommended the license be issued for three years rather than the one-year period. She stated that an installation or building permit would be needed for the foundation, and the Suilding Division should be provided with the State seal number. � Ms. Jedlicki, Administrator for the Fridley Convalescent Home, stated that the trailer is a modular unit that various businesses C_ � L� FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 1991 PAGE 12 � are using ior additional space. She stated that no additional employees will be added, but the space is needed to better serve their clients and employees. She stated that this trailer would be physically attached to the building by a modular corridor and would meet all the State and City Building Code requirements. Councilman Billings asked if the intent is when this is renewed that another application fee would apply. Mr. Pribyl, Finance Director, stated that this is an annual fee. Councilman Billings asked how soon expansion might begin once the State lifts the moratorium. Ms. Jedlicki stated that they would apply £or a certiPicate of need, the State Legislature would have to consider it and, hopefully, would allow a substantial expansion to accommodate the residants. She stated that i£ they are allowed to expand,their rooms would house two persons rather than three. Mayor Nee asked if there are plans for landscapinq as this trailer will be facing a residential area. Ms. Jedlicki stated that their intent is to make it as attractive � as possible. MOTION by Councilman Sillings to approve the house trailer application for Fridley Convalescent Home with the following stipulations: (1) renewal of the permit by August 12, 1994; (2) the petitioner obtain either an installation or building permit for the foundation; and (3) the petitioner provide the Building Division with the State seal number. Seconded by Councilman Fitzpatriak. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. APPROVAL OF COMPREHENSIVE SIGN PLAN FOR INSURANCE MART LOCATED AT 6875 HIGHWAY 65 N.E.: Ms. Dacy, Community Development Director, stated that this comprehensive sign plan is for the Insurance Mart. She stated that one wall sign is proposed on the south of the building. She stated that the sign is approximately 67 square feet and well within the limits of the wall signage requirement. She stated that the sign will have a total of four panels for the tenants in the building, and staff recommends approval of this sign plan. MOTION by Councilman Schneider to concur with the recommendation of staff and approve the comprehensive sign plan for the Insurance Mart at 6875 Highway b5 N.E. Seconded by Councilwoman Jorgenson. � Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � l, � � ' FRIDLEY CITY COUNCIL MEETING OF AUGUST 12. 1991 PAGE 13 12. RECEIVE BIDS FOR SKYWOOD LANE WATER EXTENSION PROJECT NO. 220: MOTION by Councilman Billings to receive the following bids for Skywood Lane Water Extension Project No. 220: Planholder Northdale Construction 14450 Northdale Blvd. Rogers, MN 55374 Bonine EXCaVating 12669 Meadowvale Road Elk River, MN 55330 Meyer Contracting, Inc. 19145 Vassar Street Forest Lake, MN 55025 Brown & Cris, Inc. East Frontage Road of I-35 19740 Kenrick Ave. Lakeville, MN 55044 Volk Sewer & Water 8909 Bass Creek Court Brooklyn Park, MN 55428 Glendale Contracting, Inc. 3030 Harbor Lane Plymouth, MN 55447 Penn Contracting, Inc. 1697 Peltier Lake Drive Centerville, MN 55038 Total Bid $108,632.00 $123,466.91 $124,645.80 $125,309.05 $130,582.02 $141,929.50 $145,348.65 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RECEIVE PETITION NO. 2-1991 AND AUTHORIZE REMOVAL OF "NO PARKING BETWEEN 6 P.M. TO 8 P.M." SIGNS ON THE WEST SIDE OF JEFFERSON STREET f5800 - 5900): MOTION by Councilman Billings to receive Petition No. 2-1991 and direct staff to take the appropriate action for removal of these signs. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �. � FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 1991 PAGE 14 14. RECEIVE REOUEST TO RICE CREER WATERSHED DISTRICT FOR FINANCIAL ASSISTANCE IN FUNDING A RIP-RAP PROJECT ALONG A SHARP CURVE IN RICE CREEK: Mr. Flora, Public Works Director, stated that five residents on Rice Creek have joined together and submitted a request to the Rice Creek Watershed District for financial assistance in funding a rip-rap project along a sharp curve in Rice Creek. He stated that the Watershed District has an erosion and streambank stabilization program which provides for one-third £unding of approved projects. Mr. Flora stated that the residents have been working with the Anoka County Soil and Water Conservation District on this project for a number of years. He stated that the City is involved �.o a certain degree in that there is a storm sewer culvert entering the creek at the eastern end of the project area. He stated that it is anticipated the cost to the City would be about $5,OD0 to incorporate the culvert rip-raping with the project improvements. Mr. Flora stated it is requested that Council support this request to the Rice Creek Watershed District. Mr. Kaufhold, 375 Rice Creek Terrace, stated that the residents have been working on this project for about four years. He stated ' that the County suggested a rip-rap project, but it is very expensive, and they are requesting financial assistanae from the Rice Creek Watershed District for the project. � Mr. Herrick, City Attorney, asked if this pro�ect would have any adverse affect on property owners across the creek. Mr. Flora stated that it would really be a benefit, as it would stabilize the curve, and there should be less sedimentation. MOTION by Councilman Billings to request for financial assistance District and that the City bc implications as it pertains to the Utility Fund. Seconded by Counci: vote, all voting aye, Mayor Nee unanimously. support the submission of this to the Rice Creek Watershed a involved in the financial culvert rip-rap using the Storm ,man Fitzpatrick. Upon a voice declared the motion carried 15. APPROVAL OF COMMLJNITY DEVELOPMENT BLOCK GRANT PROGRAM AGREEMENT BETWEEN ANOKA COUNTY AND TFIE CITY OF FRIDLEY: MOTION by Councilman Fitzpatrick to approve the Community Development Block Grant Program Agreement with Anoka County. 5econded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. s _ J oI 1 1 FRIDLEY CITY COUNCIL MEETTNG OF AUGUST 12, 1991 PAGE 15 16. APPROVAL OF AMENDMENT TO THE 1991 ANOKA COUNTY SOLID WASTE JOINT POWERS AGREEMENT; Ms. Dacy, Community Development Director, stated that Council approved the 1991 Anoka County Solid Waste Joint Powers Agreement in March, 1991. The term of this agreement was for the first six months of 1991 and released $40,685.25 in solid waste abatement funding. She stated that this amendment allows the City to receive the balance of the S.C.O.R.E. funding, and the agreement would end at the end of calendar year 1991. MOTION by Councilman Schneider to approve the amendment to the 1991 Anoka County Solid Waste Joint Powers Agreement. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH THE METROPOLITAN COUNCSL AND THE MINNESOTA HOUSING FINANCE AGENCY (MHFA) TO PARTICIPATE IN THE RENTAL REHABiLITATION PROGRAM FOR 1991: Ms. Dacy, Community Development Director, stated that this agreement is for the City to participate in the Minnesota Housing Finance Agency's rental rehabilitation program. She stated that there has been a lot of interest in the program and recommended that Council approve the 1991 memorandum of understanding. MOTION by Councilman Fitzpatrick to approve the memorandum of understanding with the Metropolitan Council and the Minnesota Housing Finance Agency to participate in the rental rehabilitation program for 1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. RESOLUTION NO. 62-1991 TO RECEIVE $25,000 IN 1991-1992 COON RAPIDS COMMUNITY BLQCK GRANT FUNDS AND PLEDGING TO RETURN THOSE FUNDS IN 1992-1993 FRIDLEY COMMiINITY DEVELOPMENT BLOCK GRANT FUNDS OR OTHER MONIES: AND AUTHORIZING MEMORANDUM OF UNDERSTANDING REGARDING THE REALLOCATION OF 525,000 OF UNEXPENDED COMML7NITY DEVELOPMENT BLOCK GRANT FUNDS FROM THE CITY OF COON RAPIDS TO THE CITY OF FRIDLEY: MOTION by Councilwoman Jorgenson to adopt Resolution No. 62-1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to authorize the Memorandum of Understanding for the return of the $25,000 to the City of Coon ' Rapids and to be executed cy the Mayor and City Manager. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion oarried unanimously. "s � FRIDLEY CITY COUNCIL MEETING OF AUGUST 12. 1991 PAGE 16 � 19. RESOLUTION NO. 63-1991 ORDERING IMPROVEMENT. APPROVAL OF PLANS AND ORDERING ADVERTTSEMENT FOR BIDS: SPRINGBROOK NATURE CENTER LANDSCAPING PROJECT 1991: Mr. Jack Kirk, Director of Recreation and Natural Resources, stated that this past spring bids were received for a landscaping and entrance area project at Springbrook Nature Center. He stated that all bids were significantly higher than the available funds for that project and were rejected. Mr. Kirk stated that the plan has been modified, and it is requested that Council authorize the improvement, approve plans, and order the advertising of bids in order that the project may be completed this fall. He stated that some of the items contained in the original plan were removed entirely; the area will be seeded, rather than sodded; the entrance gate was eliminated; and trees will not be moved. He stated that one of the key items in the plan is that all trees were reduced in size, and some species have been replaced with some less expensive ones. Mr. Kirk stated that, basically, the plan will be the same, but it is felt the hids should be within the funds available. MOTION by Councilman Fitzpatrick to adopt Resolution No. 63-1991. � Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. RESOLUTION N0. 64-1991 AMENDING THE REPAYMENT SCHEDULE OF A LOAN TO THE FRIDLEY HISTORICAL SOCIETY: ' Mr. Hunt, Assistant to the City Manager, stated that the Fridley Historical Society has requested forgiveness of the first $700 payment of the loan made to them by the City. He stated the intent is that one-tenth of the $7,000 loan would be payable in 1993, and on the same anniversary for nine subsequent years so that there would be a total of ten payments. MOTION by Councilman Schneider to adopt Resolution No. 64-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote four voted in favor of the motion, Councilman Schneider, Councilwoman Jorgenson, Councilman Billings, and Mayor Nee. Councilman Fitzpatrick abstained from voting on the motion. Mayor Nee declared the motion carried. 21. INFORM�IL STATUS REPORT5: Mr. Burns, City Manager, stated that there were no informal status reports. , � �+ I� � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 1991 PAGE 17 22. CLAIMS• MOTION by Councilman Schneider to authorize payment of Claim Nos. 38695 through 39017. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23. LICENSES• MOTION by Councilwoman Jorqenson to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 24. ESTIMATES• MOTION by Councilman Schneider to approve the submitted: Herrick & Newman 2�5 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 estimates as Services Rendered as City Attorney through the end of June, 1991. .......$ 1,113.50 State of Minnesota Commissioner of Transportation Financial Operations 461 Rice Street St. Paul, MN 55103 S.P. 0207-54 Fed, Proj. HES 005-2 (97) City Cost Storm Sewer, Walk and Pavement Construction by the State at T.H. 65 and 53rd Avenue N.E. Intersection Partial Estimate . . . . . . . W.B. Miller, Inc. 16765 Nutria Street Ramsey, MN 55303 Street Improvement No. ST. 1991 - 1 & Estimate No. 4 . . Proj ect 2 $22,554.77 . . . . . . $34,725.83 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � �a� � � ' FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 1991 PAGE 18 1991 COUNCIL CALENDAR: Councilman Billings stated he noted that the National League of Cities has changed the dates of their conference which conflicts with the Council's December 16th meeting date. He requested that staff review the December meetings and report back at the Auqust 26 meeting so changes could be made, if necessary. ADSOURNMENT: MOTION by Councilman Billings to adjourn the meeting. Seconded by Councilman 5chneider. 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 12, 1991 adjourned at 9:21 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: � William J. Nee Mayor