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07/06/1992 - 00005577� � � 43 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 6, 1992 The Regular Meeting of tihe Fridley City Council was called to order at 7:35 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 Sillings, Councilman Schneider and Councilman Fitzpatrick MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING, JUNE 29, 1992: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously> ADOPTION OF AGENDA: MOTION by Councilman Fitzpatrick to adopt the agenda as submitted. Seconded by Councilman Schneider. 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 HEARINGS: l. PUBLIC HEARING ON LOCKE LAKE DAM RECONSTRUCTION PROSECT NO. 211• MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:38 p.m. Mr. Flora, Public Works Director, stated that this publia hearing deals with the Locke Lake dam reconstruction. He stated that in March, 1990, the base of the dam started collapsing, and in June, 44 FRIDLEY CITY COUNCIL MEETING OF JULY 6, 1992 PAGE 2 ' 199D, the residents on Locke Lake petitioned the City to repair the dam. He stated that in August, 1990, the City Council requested the Rice Creek Watershed District to initiate a study for removal of sedimentation in Locke Lake in conjunction with the dam reconstruction. He stated that the city funded $20,000 for this study. He stated that in October, 1990p the west end of the dam settled, the lower portion cracked and the City removed the boards to release ground pressure and allowed the lake to drain. Mr. Flora stated that in January, 1992, the consultant retained by the Rice Creek Watershed District completed a report for the Locke Lake project and identified two proposals for the dam replacement, either a weir or a crest structure, at an estimated cost of $635,000. He stated that the weir structure would be similar to the original dam, and a crest structure is a straight line walle Mr. Flora stated that the City has received a$150,000 grant from the State to replace the dam, and the County will contribute $100,000 to this projecte He stated that this would leave a difference of $385,000 which would be split between the City ($192,500) and the Locke Lake homeowners and remaining properties within the drainage area ($192,500). He stated that those properties within the drainage area involve property west of the railroad tracks and east of East River Road and bounded by � Mississippi on the south and 75th Avenue on the north. He stated it is suggested that the 42 properties abutting Locke Lake be assessed two-thirds of the cost or $128,333, and the remaining $64,167 be distributed equally to 165 properties in the drainage district. He stated that this would amount to a$3,056 assessment for the Locke Lake homeowners and a$389 assessment to the other properties. Mr. Flora stated that this public hearing is to discuss replacement of the dam based on the preliminary report submitted by the Rice Creek Watershed District's consultant. Councilman Schneider asked Mr. Flora if he felt confident regarding the estimates of the cost for this reconstruction. Mr. Flora stated it is hoped that the cost would actually be lower than estimated. Councilman Schneider asked if the replacement dam would last longer than twenty years. Mr. Flora stated that he hoped it would last longer than twenty years. He stated that the original dam was never designed with a sub base to prevent undermining. He stated that the new dam would have pilings. � Councilman Schneider asked if any major problems were anticipated with the soil or the environment. � � � 45 FRIDLEY CITY COUNCIL MEETING OF JULY 6, 1992 PAGE 3 Mr. Flora stated that some soil borings were taken, and there was some timber material in these boringse He stated that when the County was improving East River Roa�, piles were run down eighty feet until they reached bedrock. He stated that the pilings for the dam would go down to the bedrock. He stated that no ma7or problems with the construction are anticipated. Mr. Flora stated that if a crest structure dam was constructed, additional easements would be needede EIe stated that staff has been in contact with the Anoka County Parks Department regarding the possibility of providing for canoeing and some recreational activities. They also discussed the probability of acquiring all or some of the adjoining properties to zmprove the environmental aspects, He stated that this has not been pursued at length. He stated that most of the focus has been on a weir-�ype structure, which is possible to construct within the area that is now available. Mr. Everett Madsen, 246 Rice Creek Boulevard, asked if the estimated cost for replacement of the dam also included the cost for sedimentation removal. Mr. Flora stated that this public hearing only addresses the cost of the dam reconstruction, and the sedimentation removal would be accomplished by the Rice Creek Watershed Districte Ms. Ann Bolkcom, 6821 Hickory Street, stated that she wished to confirm that this would be a one-time assessment which could be split over a ten-year period at a low interest rate and would not be payable until after the project is completed. She stated that in the original petition, there was a portion that stated the perpetual maintenance would be accomplished by the City. She asked if £unds would be set aside so that the property owners would not pay another assessment. Councilman Schneider stated that it is not his intent to have another assessment. He stated that he did not think, however, that this Council could bind any future City Councils. Mr. Herrick, City Attorney, stated that it has been the City's policy in the past to assess when a project is constructed and then to maintain those projects out of monies that are collected either through the utility fund or, in this case, through the storm water fund. He stated that it has not been the practice of the City to assess for maintenance although this Council and future Councils have that authority. Ms. Bolkcom stated that she knows there has been discussion from those residents living on the side of the public access that trees would be removed and a large parking lot installed. 46 FRIDLEY CITY COUNCIL MEETING OF JULY 6, 1992 PAGE 4 � Mr. Flora stated that he does not know of any plans to construct a parking lot in this area. He stated tYiat the site has been discussed as an access point for construction equipment. Mayor Nee stated that there was some discussion about constructing a fishing pier and canoe launch; however, he did no� feel this would draw that much traffic. He stated that if the City acquired additional land at the dam site, it may be constructed at the location. Mr. Jack McCarty, 11 65-1/2 Way, questioned i£ Locke Lake Park would be an entrance and exit for heavy equipment and create disrepair for the streets. He also questioned if an Environmental Impact Statement has been done on this pro]ecto He stated that a developer went in and illegally constructed the dam to create a lake, and the lake has now gone back to its natural state. Mr. McCarty questioned if the dam was legal and felt those properties east of the trestle should be assessed for this project. Mr. Flora stated that in regard to an Environmental Impact Statement, one was not done because reconstruction of the dam is a replacement project. He stated that the dam has been classified as such over the years, accepted by the Department of Natural Resources and owned by the City. He stated that access could be � gained to the lake through the City park. He stated that it is proposed to dispose of the sedimentation material along the Burlington Northern railroad tracks. He stated that he did not anticipate vehicles hauling the material out of the lake area. Councilman Schneider pointed out that this public hearing is on the dam reconstruction, and the issue of the sedimentation removal should be addressed with the Rice Creek Watershed District. Mr. Madsen, 246 Rice Creek Boulevard, asked if there would be drainage for the dam. Mr. Flora stated that the dam would have a bottom drain. Mr. Leon Hinkel, 50 70th Way, stated that he would like the lake to revert back to its natural state. He questioned the weed control if the dam is reconstructed. He stated that the only persons who will benefit are those who live around the lake, and he is against assessing other properties. Mr. Flora stated that the dam and lake restoration is viewed as a return to its original condition. He stated that the various agencies involved do not consider this a new project. He stated that, historiaally, there was a mill pond when they had the old lumber cutting operation. Mr. Flora stated that due to the depth, � there would not be any weeds. 47 FRIDLEY CITY COUNCIL MEETING OF JULY 6, 1992 PAGE 5 � Mr. Flora stated the area that will be assessed contributes to storm water drainage into Locke Lake, and they will benefit in that the lake will be able to take their storm water. Mr. I-Iinkel felt that Locke Lake is not needed to take this storm water as Rice Creek can handle it. Mr. Miles Gerard, 65 Rice Creek Way, stated that he is one who will bene£it from this projecte He stated that he purchased a lake shore home and several months later, there was no lake. He stated that he admired everyone°s hard work to get the project to this point. He stated that his home has depreciated because the lake is gone. Mr. Gerard felt that the only thing this project accomplishes is recovering what was lost. He stated that he has no problem with public access to the 1ake. He stated that the fish, ducks, geese, and herons are now gone and wondered if anyone had considered the ecological effect. He stated that a small number of property owners are bearing a larqe portion of the cost of this project. He felt that as far as benefits, losses, and gains, they are paying their fair sharee Mr. Leonard Lind, 1620 75th Avenue, felt that the public was paying for these 42 homeowners around Locke Lake, and he wondered if he could get the same treatmentp as he needs his roof replaced� � NIs. Pat Tigges, 6806 Hickory Street, stated that she does not live on the lake, but she questioned if taxes would go up for other homes in the area. Mr. Flora stated that there was a statement ar� the Focus News involving the Rice Creek Watershed District°s portion of the project. He statecl that in order for them to remove the sedimentation, they are considering an ad valorem assessment to all properties in the Rice Creek Watershed District area which is about 204 square miles. He stated that by adding an ad valorem tax on the entire district, they could generate funds to complete the project. He stated that this would amount to be about $6.50 Por an average home. Ms. Tigges asked if property values for those on the lake have decreased. Mr. Flora stated that properties outside of the immediate lake shore properties have not diminished in value over the last several years. He felt that if the lake is not restored, it would have a detrimental effect, because the environment of the neighborhood would change. Mr. Terry Hudrlik, 15 Rice Creek Way, stated that in terms of cost � to the community, the people who live around the lake have paid to maintain it through higher taxes. He stated that he would agree the texture of the entire neighborhood would change without the � FRIDLEY CITY COUNCIL MEETING OF JULY 6, 1992 PAGE 6 � lake. He stated that there is no wildlife there now, but he would vote against the fishing pier. He stated it is true that property owners would benefit, but they are now living with a cesspool. Hopefully, the lake can be restorede Ms. Phyllis Nebel, 6961 Hickory Circle, stated that she has lived on Locke Lake for 21 years and raised her family there. She stated that they are approaching retirement and probably will not keep their home, but she would hate to leave the home as it is now without the lake. She stated that the wildlife has been fantastic, and the money is nothing compared to the posztive effect of the restoration. Dr. Joseph Lapinski, 7680 Alden Way, stated that he realizes the homeowners around Locke Lake would benefit the most, but residents would also benefit. He stated that he was told when he was canoeing down the lake that it was private property. He stated that if public money is spent to restore the dam, he hoped a good canoe portage would be constructed. He felt that the City owes it to the public to allow access to the dam. He stated that there are now "keep out" and "private property" signs, and he would like this issue resolved if it is public or private. Ms, Michelle Lackner, 6825 Hickory Street, stated that she has a � very private back yard, and she would welcome strangers and members of the neighborhood back to the lake. She stated that she has met many people from the community, and she is anxious to see people in their canoes on the lake. Mr. Dave Harris, 470 Rice Creek Boulevard, stated that he supports the restoration project for Locke Lake. He felt that Locke Lake is a real heritage to the City, but that the problems with the creek had to be resolved upstream by the Rice Creek Watershed District. Ms. Roberta Moore, 6755 East River Road, stated that she was drawn to Fridley by Locke Lake. She stated that in listening to those who are opposed to this project she wondered if their children ever fished or canoed on the lake. She felt that everyone would benefit from the improvement. She stated that those living on the lake pay the highest taxes, but the lake is intended for everyone to enjoy, Ms. Zakia Sajady, 6745 East River Road, stated that she lives next to the dam. She stated that she moved there in 1968, and the signs were there that this was private property. She stated that people are climbing all over the fence, and her patio and fence are broken. She stated that there are dead fish, bottles, and debris in the area of the dam. � Mr. Don Jenkins, 48 66-1/2 Way, wanted to know if Burlington Northern is contributing to the oost, as their silt drains into the lake. He stated that the marsh area also drains into Locke Lake. 49 FRIDLEY CITY COUNCIL MEETING OF JUL% 6 1992 PAGE 7 ' He felt that the residents around Locke Lake should pay 75 percent of the cost. Mr. Glen Moen, 20 70th Way, stated that he ].ives two blocks from the lake, but he likes to canoe on the lake, He stated that $389 is a lot to pay, but if there is a public access he would be in favor of the improvement. He felt that the parking lot across East River Road could probably be used by those canoeing on the lake. Mr. Flora stated that this was discussed with the Anoka County Parks Department. He stated that one of the things they are consadering is providing a portage at the site of the dam to eliminate people crossing East River Road. Mr. McCarty, 11 65-1/2 Way, stated that he is not against the lake. He felt, however, that a great number of homes 1to the east of the trestle benefit more than those who are proposed to be assessed. IIe asked why there was not an assessment to all those who contribute to the sedimentation. Mr. Flora stated that the Rice Creek Watershed District will be addressing all those properties when they discuss the sedimentation issues. � Mr. McCarty asked if there was any assessment proposed for restoring the dam for those living on the east side of the trestle. Mr. Flora stated it is not proposed that these properties be assessed. He stated that the Rice Creek Watershed District has a whole series of sub-watersheds. He stated that because of the railroad tracks, the water on the east side of the tracks cannot get into the west side. IIe stated that the immediate drainage area into Locke Lake was identified, and those are the ones contributing to the Locke Lake dam restoration. Councilman Schneider stated that there are probably many different ways this could be handled, but the City is trying to come to an equitable compromise. He stated that this proposal seems reasonable to split the cost, and those living on the lake will pay the most. Mr. McCarty stated that the lake is nice, but he felt there was a more equitable way to distribute the cost, especially those east of the trestle who would benefit. Mr. Leon Hinkel, 50 7oth Way, stated that the watershed is not draining into Locke Lake, it is draining into Rice Creek. He stated that all that is being done is building a lake for the water to run into, and he felt the dam should not be built, but the lake � area should be cleaned up. 50 FRIDLEY CITY COUNCIL MEETING OF JULY G, 1992 PAGE 8 � Ms. Bolkcom, 6821 Hickory Street, stated that Locke Lake is a legal lake and registered with the State of Minnesota. She stated that there were no problems with the weeds, and there is a statement from the Department of Natural Resources that if there is six feet of water, there should not be any problems with weeds. She stated that in 1971, when Mr. Schultz was working on this pro7ect to clean up the lake, it was stated that no one really owns a lake, that the lakes are only on loan. She stated that a lake like this is a treasure we trust and hold for our chi3dren tomorrow, and it is everyone's duty to preserve this lake. Ms. Ruby Hall, 56 6b-1J2 Way, stated that it took her six months to realize the lake was dry. She stated that they were told the lake was private land. Ms. Mary Vasecka, 6909 Hickory Drive, asked if the City decided not to reconstruct the dam, if they would need to do something to change the drainage in the immediate area. Mr. Flora stated that as long as the easement is there, nothing would have to be done. Ms. Vasecka stated that if the dam is not reconstructed, the property owners would be compensated for the loss of value. She � stated that, therefore, it is of benefit �o the City to have the lake restored. She stated that her property value went down $9,000, and she believed the legal precedent is there that if the dam is not reconstructed, compensation would have to be paid to the adjoining properties. She stated that she wanted people to be aware that the City would probably have to compensate the property owners. Mr. Norman Hall, 56 66-1/2 Way, stated that he liked the lake when it was a lake and full of water. He asked if they are assessed $389, if it would be added to the taxes. Mayor Nee stated that this could be paid at the time it is assessed or spread over a ten-year period and added to the tax statement. Mr. Hall asked if there would be an access by the dam. Mr. Flora stated that the proposal is to incorporate an access into the design of the dam. He stated that the City is working with the County to develop a canoe portage and public access in the area oP the dam. Mr. Hall felt that if residents are assessed a portion of the cost, they should be able to use the lake. � Ms. Bolkcom presented a petition in support of the Locke Lake dam reconstruction. She thanked the City for everything they have 51 FRIDLEY CITY COUNCIL MEETING OF JULH 6. 1992 PAGE 9 � done, and she stated, hopefully, this would continue with the Rzce Creek Watershed District. MOTION by Councilman Fitzpatrick to receive Petition No. 10-1992 in support of the Locke Lake dam reconstruction. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings stated that the Council has received a letter from Mr. Joe Rusch, 561 63rd Avenue, indicating that he did not want to pay more property taxes to restore the dam that does not benefit his property. MOTION by Councilman Billings to receive this communication from Mr. Soe Rusch, 561 63rd Avenue. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider felt that this proposal is a compromise and the benefit to the community, as far as the aesthetics and wildlife, is worth the cost to all residents and those who receive the most benefit will be paying more. He stated that all the agencies involved have worked hard, and Sohn Flora deserves credito He stated that even if the Council approves the dam reconstruction, � he felt it is a long way to go with all the regulatory procedures. Councilwoman Jorgenson stated that several persons have stated that those upstream should be contributing to this portion of the project. She stated that there is another item on the agenda this evening which deals with the Rice Creek erosion control problem. She felt that there are large segments of the creek that will be restoredp and there will be costs to the property owners, She stated that there are some checks and balances that will be takinq place to assure that everyone pays their fair share for these projects. She felt that this assessment is fair and equitable. Mayor Nee stated that Ann Bolkcom has made a ma7or contribution to this progress. He stated that there has to be a compromise in order to make it work, and the proposal is more giving than taking. He stated that it is hoped when it comes down to the vote, it will be approved. MoTION by Councilman Fitzpatrick 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 9:06 p.m. RECESS: � Mayor Nee called a recess at 9:06 p.m. 52 FRIDLEY CITY COUNCIL MEETING OF JULY 6, 1992 PAGE 10 � RECONVENED• Mayor Nee reconvened the meeting at 9:18 p.m. All members of the Council were present. 2. PIIBLIC HEARING ON PLAT REQUEST, P.S. #92-04, BY GARY LENART, TO REPLAT PROPERTY GENERALLY LOCATED AT 6070 CENTRAL AVENUE N.E. MOTION by Councilman Schneider to waiva the reading of the public hearing notice and open �he publie 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 9:19 p.m. Ms. Dacy, Community Development Director, stated that this property is located on the west side of Central Avenue, north of Moore Lake beach. She stated that the property has two single family homes on the parcel and is described as one lot. She stated that Mrs. Lorraine Nelson owns the propertve Ms. Dacy stated that the proposed request is to replat the parcel into two lots around each of the existing structures on the property. She stated that an existing dirt driveway now services the two existing dwellings. � Ms. Dacy stated that the area has been identified by the City for long term expansion of Moore Lake beach. She stated that in 1989 and 1990, the City sent a letter to the property owners in this area trying to determine if they were interested in selling the property and whether they would be willing to enter into an option agreement where the City would have the right to buy the property on a first come basis. Ms. Dacy stated that the Planning Commission recommended approval of this proposed plat subject to three stipulations which she outlined. She stated that the petitioner has submitted a drawing of the proposed addition which was viewed by the Council. She stated that all setback requirements would be met. Councilman Schneider stated that he noted the petitioner has a different address, and he asked if the petitioner intended to purchase this home and then expand it. Mr. Lenart, the petitioner, stated that he has been living in the home since December and would be purchasing the property, if this plat is approved. He stated that he agrees with all the stipulations. � Councilman Schneider asked the value of the home. � � � 53 FRIDLEY CITY COUNCIL MEETING OF JULY 6, 1992 PAGE 11 Ms. Dacy stated that the total property is valued at $69,000, but she did not know what portion of this value is for the dwellings and what portion is for the lots. Councilman Schneider asked the approximate cost of the additione Mr. Lenart stated that he is proposing a 30 by 30 foot addition at a cost of about $10,000. Ae stated that he would be doing the work himself. Ms. Dacy stated that with the addition, the home would be in excess of the code requirement. Councilman Schneider stated that close to fifty percent of the value would be added with the expansiono He asked if the entire home had to be brought up to codee Mr. Herrick, City Attorney, stated that he would need additional information from the owners and staff to answer the question. Councilman Billings asked if it was the Planning Commission's intent, when they requested a hard surface driveway be provided, that the driveway to the east lot also be brought up to code. He stated that, in any casea this has been the City's past practice, Mr. Lenart stated that he is the sole benefaator of all this property and the homes. He stated that he does not intend to remain in Fridley all his life. Councilman Schneider questioned if the City may be better off discussing any potential acquisition at this time. Councilman Schneider felt that there are a number of items regarding the building code issue, hard surface driveways, and potential acquisition which should be discussed further. No other persons in the audience spoke regarding this proposed plat. 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. 3. CONTINUATION OF PUBLIC HEARING FOR PLAT REOUEST, P.S. #92-03, BY GARY OBRYCKI, TO REPLAT PROPERTY GENERALLY LOCATED AT 105 71-1/2 WAY N.E,: Mayor Nee removed this item from the table. Ms. Dacy, Community Development Director, stated that staff is still working with the petitioner to contact the property owner to the west regarding acquisition of a portion of the proposed plat. 54 FRIDLEY CITY COUNCIL MEETING OF JULY 6, 1992 PAGE 12 � She stated that she hoped all this information is available for the July 20 Council meetinq and recommended the public hearing be continued to this date. MOTION by Councilman Fitzpatrick to continue this public hearing to the Suly 20, 1992 Council meeting. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OLD BUSINESS: 4. SPECIAL USE PERMIT REQUEST, SP #91-10, BY TIMOTHY HUTCHISON, TO ALLOW CONSTRUCTION IN THE CRP-2 (FLOOD FRINGEI, GENERALLY LOCATED AT 8021 RIVERVIEW TERRACE N.E. fTABLED APRIL 6, 1992): Ms. Dacy, Community Development Director, stated that a letter was received from the petitioner, Mr. Hutchison, requesting that his request for a special use permit be withdrawn. MOTION by Councilman Fitzpatrick to withdraw Special Use Permit, SP #91-10 at the request of the petitioner, Mr. Hutchison. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslyo � 5. REVIEW OF SPECIAL USE PERMIT, SP #89-08, BY 7570 INC.. TO ALLOW A REPAIR GARAGE, GENERALLY LOCATED AT 757D HIGHWAY 65 N.E.• Ms. Dacy, Community Development DirectorP stated that this item is before the Council as Stipulation No. 14 of this Special Use Permit which required Council review at the first Council meeting in July. She stated that this permit was issued to allow a repair garage at 7570 Highway 65 N.E., and the Council also approved a Settlement Agreement between the City and Samir Awaijane and Mike Thompson at the same time. She stated that there are four partners in this corporation, and three of the four are here this evening, Ms. Dacy stated that a deadline of June 1, 1992 was established for the building and electrical code improvements, screeninq of the outdoor storage area including an eight foot wood fence, paving the parking lot, as well as striping, concrete curb, and landscaping. She stated that only three items have been completed in the easterly building on the property. She stated that the other items need to be addressed. Ms. Dacy stated that Mr. Awaijane stated the fence would be completed as soon as possible in conjunction with the paving. She stated that the parking lot is under construction and must be striped and landscaped. She stated that the Police Department has � conducted two inspections, and there were several vehicles and parts that did not have a corresponding invoice and Mr. Awaijane submitted the invoices within a week. She stated that the Police ----------------- 55 FRIDLEY CITY COUNCIL MEETING OF JULY 6, 1992 PAGE 13 � Department has recommended installation of a proper invoice system whereby all vehicles and parts can be documented with a corresponding invoice and that the Police Department be notified when the component label is not on a vehicle part. Ms. Dacy stated that because the Sune 1, 1992 deadline was missed for compliance with the required improvements, it is recommended that the Council establish a public hearinq date for August 3, 1992 to revoke this special use permit. Councilman Schneider stated that the building permit issues were from 1989. Mr. Awaijane, one of the partners, stated that he has been in the building eight months and did more than what was done in the last five years. He stated that one of the buildings was completely rewired. He stated that the fence around the back building has been completed, and concrete curb and gutter has been installed. He stated that the paving will be done this Thursday and Friday. Mr. Mike Thompson, one of the partners, stated that thek had to wait for the frost to get out of the ground before they could install the drainage pipe. 1 Councilman Schneider stated that he understands Mr. Awaijane is new to this building, but it was agreed to have these improvements done by June 1, 1992. Councilman Billings stated that it is proposed to schedule the public hearing for August 3 and, in keeping with the Council's policy, action would not be taken untiT the August 17 meeting. He stated that in view of the fact that the petitioner will have everything completed in the next few weeks, the Council should probably wait until the July 20 meeting before scheduling the public hearing, and if these items are not completed at this time, action could be taken to establish the revocation hearing for August 17. He stated that this would save publishing costs. He stated that it seems Mr. Awaijane is doing a reasonable job in trying to meet the deadlines. Ms. Dacy stated that there is no question that progress is being made on the outdoor improvements. She felt that the biggest item is that there are a number of items in the east building that have not been completed. Mr. Awaijane stated that he spent $40,000 to fix up the back building, and the east building is not his building, MOTION by Councilman Schneider to establish a public hearing for � August 3, 1992 to revoke Special Use Permit, SP #$9-08 based on the fact that the June 1, 1992 deadline has not been met. Seconded by 56 FRIDLEY CITY COUNCIL MEETING OF JULY 6, 1992 PAGE 14 � Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings stated he would strongly urge that both Mr. Awai�ane and Mr. Thompson individually contact Ms. Dacy°s office so there is no misunderstanding as to what needs to be doneo NEW BUSINESS• 6. RESOLUTION NO. 46-1992 TO THE RICE CREER WATERSHED DISTRICT (RICE CREEK EROSION CONTROL PROJECT): Mr. Flora, Public Works Director, stated that the Council received Petition No. 5-1992 at their June l, 1992 Council meeting requesting that the City, the Rice Creek Watershed District, and the Anoka County Soil and Water Conservation District assist in a bank stabilization program. He stated that it was also requested that the City establish a ten-year special assessment district for the residents' portion of the construction costse He stated that the City must submit the petition �a the Rice Creek Watershed District, as well as the Anoka County Soil and Water Conservation District, for project funding, design and administration. Councilman Billings stated that in the Storm Water Policy the � Council adopted relative to this type of project, this project must compete with other projects of a similar nature for the funding that is available. He stated that he has no problem with the intent of this resolution, but he is concerned that by adopting this resolution it may lock the Council into this project or request the other two agencies to make sure this project, in competing with other projects, is deserving of the funds available. Mr. Flora stated that it is true this project will compete with other Rice Creek Watershed District projects. He stated that a reply is expected about September 30 if the Watershed District supports this project. Councilman Billings stated that assuming the other two agencies wish to proceed, he asked if the City is locked into the project or if the City has the opportunity to decide if they want to proceed with the City's portion of the funding. Mr. Flora stated that the City would have the opportunity to decide if they wish to proceed. He stated that based on current policy, the Rice Creek Watershed District would contribute $69,000, the Anoka County Soil and Water Conservation District could apply for approximately $30,DOO in grants, and the City and residents would then contribute between $55,000 and $70,000 depending on the ACSWD funding. He stated that the estimated cost of the project is ' $208,250. � � � 57 FRIDLEY CITY COUNCIL MEETING OF JULY 6, 1992 PAGE 15 MOTION by Councilman Billings to adopt Resolution No. 46-1992. Seconded by Councilman Schneider. MOTSON by Councilman Schneider to amend the above motion, by substituting the word "may" instead of "will" in the first line of paragraph nine. Seconded by Councilman Billings. Councilwoman Jorgenson asked Mr. Flora to outline the area for this project. Mr. Flora stated that the area is between Highway 65 and Highway 47 on Rice Creek. Mr. Scott Lund, 580 69th Avenue, stated that the project would be east and south of Locke Park by Columbia Arena where the creek comes out at Locke Park. He stated that the residents have a concern about funding, as they would pay a significant portion. He felt that perhaps some of these issues could be brought up with the Rice Creek Watershed District, He felt that the Watershed District should be more in tune with the problems on Rice Creek. UPON A VOICE VOTE TAKEN ON THE MOTION FOR THE AMENDMENT, all voted aye, and Mayor Nee declared the motion carried unanimously, UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimouslye 7. RECEIVE PETITIONS N0. 11-1992. 12-1992, i3-1992 AND 14-1992 FOR 1992 STREET IMPROVEMENT PROJECT NO. ST. 1992 - 1& 2: Mr. Flora, Public Works Director, stated that since the meetings several months ago, the City has received petitions for the improvement of a number of streets presented in the 1992 Street Improvement Program. He stated that petitions were received from the residents on Hillwind Road, Hathaway Lane, Rice Creek Terrace, and Rice Creek Road. He stated that eight out of ten residents on Hillwind Road have signed the petition; 25 out of 31 have signed on Hathaway Lane; 59 out of 99 have signed on Rice Creek Terrace; and 14 out of 34 have signed on Rice Creek Roado He stated that they all meet the 50 percent test, except for the petition for Rice Creek Road. Mr. Flora stated that it is recommended the Council receive these petitions and consider those streets for the 1992 Street Improvement Program. MOTION by Councilwoman Jorgenson to receive Petitions No. 11-1992, 12-1992, 13-1992 and 14-1992 for the reconstruction of streets in the 1992 Street Reconstruction Program. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � �� � 58 FRIDLEY CITY COUNCIL MEETING OF JULY 6. 1992 PAGE 16 Mr. Jim Ring, 1500 Rice Creek Road, stated that he contacted all the property owners at least three times, but he could not find everyone at home. He stated that those who signed the petition were in favor of the project, he talked to seven residents that were against the project, and the rest of the property owners he could not contact. He sta�ed that there are thirteen properties involved where it is not known if they are in favor or against the improvement. He stated that some property owners felt the County should deal with the project, and others felt no improvements were needed. Councilman Schneider stated that at the time bids are received, Rice Creek Road could be deleted if a majority of the property owners were not in favor of the improvement, 8. RESOLUTION N0. 47-1992 ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF AND AMENDING: STREET IMPROVEMENT PROJECT N0. ST. 1992 - 1& 2: Councilman Schneider stated that with the understanding if the City does not receive additional signatures from the residents on Rice Creek Road, this street could be deleted from the improvement project when bids are received, he would move the following: MOTION by Councilman Schneider to adopt Resolution No. 47-1992. Seconded by Councilwoman Jorgenson. Councilman Billings asked what percentage of residents on Rice Creek Terrace signed the petition. Mr. Flora stated that he believed it was sixty percent. Councilman Billings asked if that petition is still being circulated. Mr. Flora stated that he reoeived all the petitions this morning. Councilwoman Jorgenson thanked the individuals that circulated the petitions. She stated that it is in direct response to the need and that several persons felt strongly about this improvement. She stated that they have her thanks. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 9. RESOLUTION NO. 48-1992 ORDERING IMPROVEMENT AND APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT PROJECT NO. ST. 1992 - 1& 2: MOTION by Councilman Schneider to adopt Resolution No. 48-1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. I� � 59 FRIDLEY CITY COUNCIL MEETING OF JULY 6, 1992 PAGE 17 10. RESOLUTION NO. 49-1992 IN SUPPORT OF A MINNESOTA LAWFUL GAMBLiNG APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICEN5E TO TOTINO GRACE HIGH SCHOOL: MOTION by Councilman Schneider to adopt Resolution No. 49-1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. FIRST READING OF AN ORDINANCE DEDICATING CITY PROPERTY AS PUBLIC RIGHT-OF-WAY FOR STREET AND UTILITY PURPOSES, COMMONLY KNOWN AS "REGIS LANE"• Ms. Dacy, Community Development Director, stated that this ordinance is to officially dedicate as a public street the right- of-way of Regis Lane from the end of Fillmore Street to the eastern edge of the Sullivan's Overlook plat just west of Regis Drive. She stated that this would allow Mr. Sullivan, the owner of the vacant property on the north side, to legally obtain a building permite Ms. Dacy stated that she believed that in order to establish this as an official public street, the City will have to plat this and record it at the County. Councilman Billings asked the cost to the City to plat this parcel. Ms. Dacy stated that the cost would be from $3,000 to $5,000. Councilman Billings asked what the City would obtain ira return. Ms. Dacy stated that, potentially, the City would get a lot which could l�e solde She stated that this is a legal issue as to whether the properties that use this road have a legal access. Mr. Herrick, City Attorney, stated that since this is only the first reading of the ordinance, he would Tike to check on this issue further before the second reading of the ordinance� He stated that he does not question the City's ownership of the property, the problem is that it has never been dedicated as a streeto Councilman Billings stated that the street is on property owned by the City, and he wondered what the City would get in return for the cost to plat this property. He questioned what difference it makes if people drive over empty lots the City owns or drive over something the City calls a streete Mr. Herrick stated that the properties adjacent to this °'street" have no evidence they have access to it for ingress and egress, He stated that, therefore, Mr. Sullivan and other properties � adjacent to the "street" do not have good title and would not be able to get a mortgage on their property, because they do not have public access. � � � 60 FRIDLEY CITY COUNCIL MEETING OF JULY 6, 1992 PAGE 18 Councilman Billings asked if an easement could be dedicated over this property for street right-of-way purposes. Mr. Herrick stated that is basically what is being donee Councilman Billings also questioned if this would benefit only several property owners, why the entire City should pay. Mr. Herrick stated that this may be an issue the Council would wish to discuss furthere MOTION by Councilman Billings to table this item. MOTION FAILED FOR LACK OF A SECOND. MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading, with the understanding the City Attorney will submit an opinion at the time of the second readinge Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST. ZOA #92-03, BY DON KISCH, 8100 EAST RIVER ROAD N.E.1: Ms. Dacy, Community Development Director, stated that this is a request to rezone property from C-1 to C-2 in order to allow the construction of a rollover car wash located on the south portzon of this lot at 8100 East River Road. She stated that the Planning Commission recommended denial of this rezoning request, Ms. Dacy stated that the Planning Commission also considered a potential request to amend the C-1 zoning district to allow car washes as a special use in that district. She stated that the Commission felt that this would intensify the distrzct and would not be what was intended £or the C-1 zoning district. Ms. Dacy stated that the Planning Commission feTt the additional traffic and noise from a car wash activity at this proposed location would cause a conflict with the residential area. She stated that most C-2 zones are at controlled intersections, and this intersection does not have signalization. Councilman Fitzpatrick stated that the recommendation for denial is from both the Planning Commission and City staff. MOTION by Councilman Fitzpatrick to concur with the unanimous recommendation of the Planning Commission and deny Rezoning Request, ZOA #92-03. Seconded by Councilman Billings. Mayor Nee felt that this is spot rezoning, and is not the kind of thing the City should be doing. 61 FRIDLEY CITY COUNCIL MEETING OF JULY 6, 1992 PAGE 19 � Mr. Kisch, the petitioner, he stated that if the rezoning is denied, he would have to look at some other use of the property. Councilman Fitzpatrick stated that he also felt this is spot rezoning in order to change a small portion of the parcel. Councilman Schneider stated that he does not necessarily have an objection to the car wash, but rezoning opens the door to a lot of other uses which the City would not want at this location, and this is the reason it is zoned C-1 and C-2 would be a spot rezoninge UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 13. RECEIVE AN ITEM FROM THE PLANNING COMMISSION MEETING OF MAY 13, 1992: A. CONSIDERATION OF A SPECIAL USE PERMIT. SP #92-03. BY DON KISCH, TO ALLOW A MOTOR VEHSCLE WASH ESTABLISHMENT ON PROPERTY GENERALLY LOCATED AT 8100 EAST RIVER ROAD N.E.: MOTION by Councilman Fitzpatrick to deny Special Use Permit, SP #92-03, Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslye � 14. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 24. 1992: A. SPECIAL USE PERMIT REOUEST, SP #92-06, BY MICHAEL BARGY, TO ALLOW A SECOND ACCESSORY BUILDING OVER 240 SOUARE FEET, GENERALLY LOCATED AT 1568 FERNDALE AVENUE N.E.: Ms. Dacy, Community Development Director, stated that this is a request for a special use permit to allow the construction of a 20 by 22 ioot accessory building for storage purposes. She stated that the Planning Commission reoommended approval of this request with two stipulations which she outlined. Mr. Bargy stated that he would use this building to store items such as a canoe and lawn equipment, MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and qYant Special Use Permit, SP #92-06, with the following stipulations: �1) the proposed accessory structure shall be architecturally compatible with the existing dwelling unit and shall not exceed 14 feet in height; and (2) the accessory structure shall not be used for a home occupation as defined in the Zoning Code. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion � carried unanimously. C:3►i FRIDLEY CITY COUNCIL MEETING OF JULY 6, 1992 PAGE 20 1 B. RESOLUTION NO. 50-1992 APPROVING A SUBDIVISION, LOT SPLIT, L.S. #92-02 BY MYRON AND LILLIAN OSTLUND, TO SPLIT PROPERTY INTO TWO SEPARATE PARCELS, GENERALLY LOCATED AT 1400 66TH AVENUE N.E.' Ms. Dacy, Community Development Director, stated that this property is located between 66th Avenue and Creek Park Lane, and the petitioner is requesting the property be subdivided in equal halves, She stated that the Planning Commission recommended approval of this lot split with the stipulation that the park dedication fees be paid. She stated that staff recommends adoption of this resolution. Councilman Schneider stated that there are some outstanding assessments. Ms. Dacy stated that she believed these were deferred until such time as the lot was split. MOTION by Councilman Schneider to adopt Resolution No. 50-1992, with the attached Exhibit A regarding payment of the park fee. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carriect unanimously. � C. APPROVE HUMAN RESOURCES COMMISSION'S RECOMMENDATIONS FOR ALLOCATION OF 1992-1993 CDBG FUNDS FOR HUMAN SERVICES; AND RESOLUTION AUTHORIZING AGREEMENTS BETWEEN THE CITY OF FRIDLEY AND RECIPIENTS OF 1992-1993 FEDERAL COMMLJNITY DEVELOPMENT BLOCK GRANT FUNDS FOR HUMAN SERVICES ORGANIZATIONS: Mr. Barg, Planning Assistant, stated that sixteen applications were received for the Community Development Block Grant funding. He stated that this amounted to over $68,OD� in requests, and only $31,000 was available. He stated that the Human Resources Commission reviewed these applications and heard presentations from these organizations. Mr. Barg stated that the Human Resources Commission, in reviewing these applications, considered the following criteria� (1) to try and promote new and innovative programsy (2) organizational need; (3) community need: (4) program qualityp and (5) budget. He stated that the Planning Commission has concurred with the recommendation of the Human Resources Commission for this funding. Mr. Barg stated that the Human Resources Commission in making their recommendations were under the impression that if the mental health agencies could not get funding from the City, the County would make up that funding on a dollar to dollar basis. He stated that Mr. ' York, Director of Community Social Services and Mental Health for the County, has advised the City that the County's mission is to 63 FRIDLEY CITY COUNCIL MEETING OF JULY 6, 1992 PAGE 21 � provide "last resort" funding for the mental health agencies, but their funding has run out so this funding is not available. Mr. Barg stated that staff is recommending the Council approve the Human Resources Commission's recommendation for these funds and adopt the resolution authorizing agreements between the City and the recipients of these CDBG funds. Ms. Sue Jackson, member of the Human Resources Commission, was present to answer any questions from the Council. Councilwoman Jorgenson stated that the Council was contacted by someone from the North Suburban Kinship organization regarding a lack of hospitality by members of the Human Resources Commission. She stated that this person stated there was no time for discussion on their part and that the Commission was not doing their homeworke She stated that she and her husband have been involved in this proqram for a number of years and felt it does benefit Fridley. Councilwoman Jorgenson stated that this individual is saying the process did not necessarily work this year. Councilwoman Jorgenson stated that she wanted to share this with the Human Resources Commission, and she felt that the Commission did a good job with the recommendations the Council made in certain ' areas. Councilman Schneider stated tl-iat Ms. Doody of North Suburban Kinship did not know how the Human Resources Commission came to the conclusion that they did not have a Board of Directors. Ms. Jackson stated that she would encourage the CounciT to listen to the audio tape o£ their meeting. She stated that every agency had the same amount of time to make their presentation. She stated that the organizations had the opportunity to present, in writing, information on their organization, and everyone was asked to bring back their response in writing. She stated that she would not comment further regarding this issuee Ms. Jackson stated that the Commission had a very difficult time evaluating these requests, as they had to cut more than half the requests. She stated that one of the things they looked at was how many people were served in the City and the kind of service provided. She stated that they had to eliminate some programs they felt were very valuable. She stated that no organization was turned down because the Commission felt it was a worthless project. Ms. Jackson stated that the organization to which Councilwoman Jorgenson referred involves a very small number of people, and the documentation provided was limited. She stated that in this case, � the Commission asked about funding from United way. 5he stated that it was felt this service did not service enough people in Fridley and was not as valuable as the ones they chose to fund. � � � 64 FRIDLEY CITY COUNCIL MEETING OF JULY 4, 1992 PAGE 22 Councilwoman Jorqenson asked if all the agencies were asked about United Way funding. Ms. Jackson stated that almost everyone was asked if they receive funding from United Way. She stated that this is sort of a generic question on whether they apply for funding from other agencies. Councilwoman Jorgenson asked if the City receives information on the amount of contributions these organizations receive from other sources. Ms. Jackson stated that they have to submit a proposed budget so the Commission can see where they receive their income. She stated that with respect �o the food shelf and mental health, they are very clearly dedicated to the City of Fridley residents. She stated that people come from all over to Alexandra House. Councilwoman Jorgenson stated she knows that a percentage of the building fund of her church went to Southern Anoka County Assistance, and they received about $16,000. She stated that this was in addition to the food brought by the parishioners and distributed to SACA. She stated that SACA always continues to be the highest recipient of CDBG funding. She questioned how much of their income is spent on City residents. Ms. Jackson stated that SACA keeps track of how much is spent in Fridley. Councilwoman Jorgenson stated that she knows they keep track of the money and actual amount of food, but wondered if they keep a record on how much is actually contributed from each City. Mr. Barg stated that donations or contributions from other organizations are not broken down. Councilwoman Jorgenson stated that SACA is looking at a building program; however, CDBG funds cannot be used for this purpose. She stated that her concern is how to address where the money is coming from and how it relates to the needy in Fridley. She stated that perhaps the process needs to be tightened to determine how much Fridley contributes compared to other communities. Ms. Jackson stated that comparisons were never made on what the City contributes compared to what other cities contribute. Councilwoman Jorgenson felt that one group was asked to abide by this and others were not. She stated that she hated to continually fund certain organizations that have reserves and have to turn down other organizations for funding. Ms. Jackson stated that the Commission drew attention to SACA's building funding, and they are reducing that reserve. � 65 FRIDLEY CITY COUNCIL MEETING OF JULY 6, 1992 PAGE 23 Mr. Barg stated that he believed SACA had their facility given to them. He stated that the issue addressed what is considered reasonable for an organization to accumulate in reserve if they are non-profit. He stated that some agencies say they need several months. Ms. Sackson stated that the issue of their fund balance was discussed. She stated that she did not know where the line should be drawn as to what is reasonable. Mr. Barg stated that he believed SACA had $64,00� in reserve. He stated that Family Life Mental Health also had funds in reserve. He stated that there is a concer� if the organizations are accumulating too much in reserveo Ms. Jackson stated that one of the counseling agencies advised them about Anoka County making up the difference from what the City provided and what was requested, and it was felt this helped resolve their problem. She stated that after further research, this is only �rue as long as the County has the funds, which they do not have available. She stated that if the Council wanted more funding for mental health agencies, they would have to take it from other organizations. � Ms. Lee Carlson, Central Center for Family Resources, stated that it is too soon to see how HealthRight will impact on mental health. She stated that agencies that accept HealthRight need to accept mental health and children's health plans. She stated that there is only one psychiatrist for children in Anoka County accepting children's health plan. She stated that she really did not know how this would be worked out and whether clinics will participateo She stated that their agency works with a high portion of children and families who are either on medical assistancep have no insurance, are on children°s health plan, or whose income does not fit the children's health plan. Ms. Carlson stated that she wanted to make it clear that Anoka County has a budget process, and when they give subsidies for mental health services, they based on a formal contract and do not cover the entire year's subsidy for services. She stated that they give a percentage increase on an annual basis. She stated that their uniqueness is the focus on children. She stated ttiat there are 93 new families and individuals cominq into family counseling and 58 children in Fridley coming into their support group. She stated that they see 1500 families a year and are carrying over 3S0 families from a previous year. Ms. Carlson stated that non-profit agencies are not wealthy, and no one working in their agency has health care benefits other than � workmen's compensation. She stated that she wished to present a letter to the Council regarding her concern in reduction in funding. She stated that the reduction from $3,400 to $1,000 may 66 FRIDLEY CITY COUNCIL MEETYNG OF JULY 6. 1992 PAGE 24 1 cause waiting lists to increase and decrease access to services. She stated that she is uncomfortable to be in a position of taking from someone else. She stated that she knows the City and County have had to deal with financial problems. She stated that with more and more people out of work, it increases their demand. She thanked the Council for listening. Ms. Terry Melnychenko, North Suburban Counseling Center, reviewed a letter she presented to the Councilo She thanked the Council ior their support for the last ten years. She stated that they have provided many services to Fridley residents. Ms. Melnychenko stated that she wished to correct a communication made to the Human Resources Commission. She stated that they understood her to say that if Fridley did not supply the funding, the County would supply it. She stated that is incorrect. She stated that the County would not make up funding that is cut by another source. She stated that she felt bad that their organization's funding and two others were cut by this communication error. She stated that the reduction 1n funding of $2,400 will cause a sixteen percent reduction in services. Ms. Melnychenko stated that the change in criteria used to determine who receives funding has changed to new and innovative � programs. She stated that it has been her experience that there are now sources of on-going funding available. She stated that counseling and psychiatric care are valuable programs; however, they are not new or innovative programs. She was concerned that the reduction in funding could begin a trend. MOTION by Councilwoman Jorgenson to receive the two communications from the Central Center for Family Resources and the North Suburban Counseling Center. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated that he understands there may be additionaT funds available. Ms. Dacy, Community Development Director, stated that they were unable to contact Joanne Wright at Anoka County, but this was also her understanding. Councilwoman Jorgenson stated that if this information could be obtained from the County, the Council could act on this at the next meeting. Mayor Nee felt that the Human Resources Commission should review this item again if there are additional funds. � Ms. Sackson felt that the Commission would like to meet again if there are additional funds available. She stated that if there are 67 FRIDLEY CITY COUNCIL MEETING OF JULY 6, 1992 PAGE 25 � particular issues or concerns the Council wants the Commission to address, to let them know. Councilwoman Jorgenson stated that she has a difficul� time accepting the $64,000 SACA has in reserve. Mr. Barg stated that there was probably something happening in SACA°s relationship with Columbia Heights where they thought they might need to relocate and felt they needed to start a building fund, Ms. Jackson stated that some of the organizations could be invited back to the Commission meeting to clarify information. MOTION by Councilman Schneider �o refer this issue of �he allocation of CDBG funds for human services back to the Human Resources Commission for further input from staff regarding the potential for additional funding and for a report from the Human Resources Commission as soon as possible, but, hopefully, no later than the first Council meeting in August. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, 15. RESOLUTION NO. 51-1992 AUTHORIZING MUNICIPAL STATE AID FUNDS � TO COUNTY STATE AID HIGHWAY (C.S.A.H.) RICE CREEK ROAD - CENTRAL AVENUE TO STINSON BOULEVARD fS.A.P. 127-020-10): Mr. Flora, Public Works Director, stated that this resolution is necessary to utilize MSA funds on Rice Creek Road. Mr. Burns, City Manager, stated that there would still be an assessment to the property owners for this street improvement. MOTION by Councilman Schneider to adopt Resolution No. 51-1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RESOLUTION N0. 52-1992 AUTHORIZING THE POSTING OF "NO PARKING" SIGNS ON ONE SIDE OF CERTAIN MSAS STREET5: MOTION by Councilman Schneider to adopt Resolution No. 52-1992. Seconded by Councilwoman Jorgenson. Mr. Flora, Public Works Director, stated that there should be a change regarding Hathaway Lane, it should read "no parking'1 on the south side and not the north side. MOTION by Councilman Schneider to amend the above resolution to indicate that there would be ��no parking" on the south side, rather � than the north side of Hathaway Lane. Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � .: FRIDLEY CITY COUNCIL MEETING OF JULY 6, 1992 PAGE 26 UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 17. INFORMAL STATUS REPORTS: Mr, Burns, City Manager, stated that there were no informal status reports. 18. CLAIMS• MOTION by Councilman Schneider to authorize payment of Claim Nos. 44085 through 44240. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. LICENSES: Councilwoman Jorgenson asked if staff has the information requested regarding the carnival license for the Fridley �49er Days. Mr. Pribyl, Finance Director, stated that staff is still compiling these figures on the Cityos contribution, and it is not complete at this time. ' MOTION by Councilwoman Jorgenson to approve the licenses as submitted and as on file in the License Clerk's office, with the exception of the carnival license for the Fridley �49er Days. Seconded ]ay Councilman Schneider. Ugon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to table the carnival license for the Fridley '49er Days. Seconded by Councilman Schneider. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. 20. ESTIMATES• MOTION by Councilman Fitzpatrick to approve the estimates as submitted: Insituform Central, Inc. 6167 North Kent Avenue Milwaukee, WI 53217 Storm Sewer Repair (75th Avenue) Project No. 232 FINAL ESTIMATE . . . . . . . . . . . . . . . $199,000.00 Seconded by Councilman Billings, Upon a voice vote, all voting , aye, Mayor Nee declared the motion carried unanimously. � � � .• FRIDLEY CITY COUNCIL MEETING OF JULY 6, 1992 PAGE 27 ADJOURNMENT: MOTION by Councilwoman Jorqenson to ad�ourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meetinq of the Fridley City Council of July 6, 1992 adjourned at 11:32 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approveda s William S. Nee Mayor