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09/06/1994 - 00004622� � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 6, 1994 The Regular Meeting of the Fridley City Council was called to order at 7:32 p.m. by Mayor Pro Tem Schneider. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Schneider led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: MEMBERS ABSENT Mayor Pro Tem Schneider, Councilwoman Jargenson, Councilman Billings, and Council- woman Bolkcom Mayor Nee Mayor Pro Tem Schneider stated that Mayor Nee is in Fridlep's Sister City, Fourmies, France, participating in the 50th anm - versary celebration of the liberation of France. PROCLAMATION: CONSTITUTION WEEK, SEPTEMBER 17-23, 1994: Mayor Pro Tem Schneider read and issued a proclamation proclaiming the week of September 17-23, 1994 as Constitution Week. He urged all citizens to reflect during this week on the many benefits of our Federal constitution and American citizenship. Mayor Pro Tem Schneider presented this proclamation to Barbara Sexton of the Daughters of the American Revolution. Ms. Sexton stated that a National Constitution Week was organized by their National President after Constitution Day was repealed in the 1950's. APPROVAL OF MINUTES: COUNCIL MEETING, AUGUST 15, 1994: MoTION by Councilman Billings to Seconded by Councilwoman Bolkcom aye, Mayor Pro Tem Schneider unanimously. 1�DOPTION OF AGENDA: approve the minutes as presented. . Upon a voice vote, all voting declared the motion carried Mayor Pro Tem Schneider requested that the following item be added to the agenda: (23) Establish a public hearing for October 3, 1994 for a liquor ]icense for Sharx Club/Sharx Sports Bar, 3710 East River Road. � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 2 MOTION by Councilwoman Jorgenson to adopt the agenda w�th the above addition. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declarad the motion carried unanimously. OPEN FORUM, VISITORS: l. REQUEST TO AMEND CHAPTER 213 OF THE FRIDLEY CITY CODE (FENCE51, BY CERTIFIED AUTO RECOVERY (WARD 3): Mr. Bruce Ackland, Vice President of Certified Auto Recovery, requested that Council consider an amendment to Chapter 213 of the Fridley City Code in order to allow a monitoring fence system. He stated that Mr. Bill Mullis from South Carolina is here this eve- ning to testify as an expert in this field. Mr. Ackland stated that Certified Auto Recovery has tried various security systems over the years from security guards, drive-by services, and a security fence. He stated that Sentry's security monitoring system has been extremely successful throughout the country and is used by many of their competitors. Mr. Ackland stated that they receive vehicles from insurance companies. These may be targeted for potential vandalism and thievery, and it is important for them to have a security system that works. He stated that this system is valuable but is not harmful to people. Mayor Pro Tem Schneider stated that the information received by Council was that this was an electrical fence with monitoring ability so that anyone touching the fence would receive a shock. Mr. Bill Mullis, representing Sentry Security of South Carolina, stated that this fence is new technology and has been installed all over the country. He stated that with the way the City�s ordinance is written, it is not possible to obtain a variance. They need the City's help in order to allow this fence. Ms. Dacy, Community Development Director, stated that the fence regulations are covered in Chapter 213 of the City Code. This chapter does not provide for a variance, as it is separate from the Zoning Code. She stated that staff contacted several other cities to determine their policy regarding electrical fences. Four cities specifically prohibit them, and three stated that they would consider tne electriaal fence a sa£ety hazard. She stated it is staff's recommendation that this Chapter not be amended, as it was originally drafted to protect the general public's safety. Mayor Pro Tem Schneider stated that he understands this electrical fence is behind another fence, � Mr. Mullis stated that the electrical fence is inside a secured eight foot chain link fence. He stated that the fence is UL approved, and it is monitored with an alarm. He stated that the FRIDLEY CITY COUNCIL MEETING OF SEPTEMHER 6, 1994 PAGE 3 � City's ordinance prohibits barbed wire. Eighty percent of the industrial fences around the City have barbed wire. Ms. Dacy presented a short video of the site which showed the location of the electrical fence within the chain link fence. She stated that several warning signs are posted on the fence. Councilwoman Bolkcom asked how the electrical fence differs from an alarm system. Mr. Mullis stated that the electrical fence is the most effective, as there are a lot of false alarms with the alarm systema He stated that he has a patent on this electrical system, and there are no false alarms. Councilwoman Sorgenson asked the distance between the chain link fence and the electrical fence. Mr. Mullis stated that there is about twelve inches between the two fences in some areas and eighteen to 24 inches in other areas. Mr. Herrick, City Attorney, asked if it would be possible for a person to reach through the chain link fence and touch the inside elec�rical fence. � Ms. Dacy stated that the chain link fence is very tight, and it would be difflcult. Mr. Mullis stated that he did not think a child could get their hand through the chain link fence. However, if they did, they would only receive a mild electrlcal shock. Councilwoman Jorgenson voiced her concern if someone with a heart or seizure problem may be affected if they touched the electrical fence. She felt that anyone with a history of seizures who was sub�ected to an electrical charge could have a seizure. Mr. Mu11is stated that the electrical charge from the fence would not cause a sezzure. Councilman Sillings questioned if the City could amend the current ordinance to permit an electrified fence under certa�n conditions. He felt that the City may be able to issue a permit for a specific period of tlme as an experiment and if this did not work, the permit would not be renewed. He felt that another condition may be to require warning signs and indemnification against the City. He stated that most of the vehicles at this site have car batteries. If someone has a piece of inetal and crosses the two terminals of the car battery, they would also get a shock. � Mr. Herrick, City Attorney, stated that he did not see any problems with certain conditions being established 1f the City were to allow FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 4 � an electrical fence. He felt that if the City were to allow such a fence it may be a good idea to require a certain distance between the two fences that would be greater than one to two feet. He stated that the approval for the fence could also be done with the understanding that Council would review it after a certain period of time. If Council was not satisfied, it could be repealed. He stated that signs could be required as well as the amount of vol- tage for the fence. He stated that there could be an indemnity agreement, and he would highly recommend it if the Council was going to permit this type of fence. He stated that in addition to the indemnity agreement, there should be an insurance policy wzth rather large limits that names the City as the insured. Councilwoman Bolkcom felt that some answers were needed to the medical questions that were raised and also the City's liability. She felt that perhaps staff could check with other businesses usinq this fence. Mayor Pro Tem Schneider stated that at this time, the fence should not be in operation until there is a decision made by Council whether or not to allow such a fence. Councilman Billings felt if there were guard dogs on this site, a dog bite might be just as detrimental as a light shock. � Mr. Ackland thanked Council for considering this request. He stated that he felt there is a way this could be worked out to everyone's satisfac�ion. Mayor Pro Tem Schneider felt that there may be a compromise. He said that staff would work with them and report back to Council. COUNTY PARK NEAR RICE CREEK TOWNHOMES: Ms. Dawn Ben�amin, 1678 G8th Avenue, stated that she and other residents of the Rice Creek Townhomes were here this evening to request some assistance with their park. She stated that the park is in disrepair, and she has also heard that the City may take it back from the County. She stated that the residents have removed some of the weeds to try to improve the park area. Mr. Burns, City Manager, stated that staff has discussed with the County the possi�ility of acquiring the park. He stated that the Metropolitan Council has to approve the change in ownership. He stated that this issue would be discussed informally after this Council meeting. Mayor Pro Tem Schneider stated that he met wrth Jack Kirk, the City's Director of Recreation and Natural Resources, and it is his � understanding that as soon as the Metropolitan Council gives their approval, there would be a transfer of the property from the County to the City FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE S � Councilwoman Jorgenson stated that the weeds are terrible. She asked if the area could be sprayed. Mr. Herrick, City Attorney, stated that he did not think the Count_y would object to the transfer, as the park is within the City. Ms. Benjamin stated that perhaps they could get some recreational programs at the park. She stated that they have a lot more teen- agers, and she wanted a place for them to go. She felt that people would take more pride in the park if the area were to be oleaned and updated. A person in the audience stated that the playground equipment was in disrepair and was not safe. Mayor Pro Tem Schneider stated that this area had a neighborhood crime watch gathering for National Night Out, and several of the councilmembers attended. He stated that there was a tremendous turnout, and the residents deserve a lot of credit for their efforts and for making improvements at the park. Mayor Pro Tem Schneider stated that no formal action has been taken by Council, but he would suspect there may be a resolution sub- mitted for the next meeting for this park to become a City park � and to give it the same consideration as the other parks in the City. PUBLIC HEARING: 2. PUBLIC HEARING ON THE PRELIMINARY ASSESSMENT ESTIMATE ON STREET IMPROVEMENT PROJECT - MAIN STREET, PROJECT NO. ST. 1994-8 (WARD 3): MOTION by Councilwoman Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Council- woman Sorqenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing opened at 8:20 p.m. Mr. Flora, Public Works Director, stated that the Anoka County Highway Department has initiated a pro�ect to reconstruct Main Street from 44th Avenue to the I-G94 overpass. He stated that the estimated cost to the City for the improvement is $242,704. He stated that the cost for concrete curb and autter ts $76,056; the cost for the bike path is $47,319; and the cost for the storm sewer is $119,329. Mr. Flora stated that the concrete curb and gutter would be assessed to thirteen industrial properties on the west side of the � street and 32 residential properties that front on the east side of Main Street. He stated that the cost for the bikeway would be assessed to the twelve industrial properties that abut the pathway. � � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 6 Mr. Flora stated that the area had some minor storm water assess- ments in 1957, 1960 and 1966, and there are some properties that have never paid a storm water assessment. Mr. Flora stated that as a result of consulting with the League of Minnesota Cities, the Metropolitan Council, and the Minnesota Department of Transportation, it was felt that the west side of Main Street was the best location for the bikeway/walkway system. He stated that there are a number of cross streets and driveways on the east side which would be detrimental to traffic. He stated that the bike path would be off street, except north of 53rd Avenue. Mr. Herrick, City Attorney, asked if the bike path would be entirely on existing right-of-way. Mr. Flora stated that the City has the ma�ority of the easements but is still negotiating with five property owners for easements. Mr. Jeff Timmerman, Timmerman Finishing, 5250 Main Street, stated that from plans he reviewed dated July 31, 1994, it appears the bike path ends at his property at 5250 Main Street. Mr. Flora stated that the bike path would extend to 53rd Avenue. Mr. Timmerman stated that there is an enormous amount of traffic on Main Street. He stated that he is not against bik_e paths, but his question is if it is really needed or �ust being constructed to connect one end with the other. He felt that more tra£fic on Main Street should not be promoted, as it is not safe. Councilwoman Sorgenson asked if there was a bike path now on Main Street. Mr. Flora stated that there is a striped lane that people can use as a bike path. Mr. Timmerman stated that there is no question that people use this street right-of-way, however, he felt that Council should not promote more traffic into a very difficult area. Councilwoman Jorgenson stated that there is already an existing bikeway/walkway, and Council is trying to make it a little safer. She stated that there are a number of persons that use Main Street to get back and forth across I-694. Councilwoman Bolkcom stated that Scott Erickson, Assistant Public Works Director, met with the Minnesota Department of Transportation regarding this bike path. With the speed limits on the street and traffic counts, the two can co-exist. She stated that the off street bike path would provide more visibility and safety. L�I � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 7 Mr. Timmerman felt that the bike path is a liability for the businesses along Main Street. Councilwoman Bolkcom stated that the relocation of the sprinklers, be directed as such that they go the businesses' liability. Mr. Timmerman is concerned about and that these sprinklers might into the bike path and increase Mr. `Pimmex-man questioned who would pay for any damage to the sprinklers or for them to be relocated. Mr. Doug Fisher, Design Engineer with the Anoka County Highway Department, stated that if the County purchases right-of-way, the issue of sprinklers, signs, fences, etc., would be addressed in the right-of-way negotiations. He stated that in the situation where the County is not acquiring additional rightrof-way, than items within the County right-of-way are the property owner's responsi- bility. He stated that businesses would be asked tc relocate their sprinklers if they are in the County's right-of-way. He stated that as far as the bike path, the sprinkler system can be accommo- dated, but it would be the City's responsibility. Mayor Pro Tem Schneider asked Mr. Timmerman if his sprinklers were located in the County right-of-way. Mr. Timmerman answered in the affirmative. Mayor Pro Tem Schneider stated that Mr. Timmerman would then 6e responsible for relocating his sprinklers or paying for any damage. Councilman Billings asked if the County contacted the business owners along Main Street to inform them of this pro�ect. Mr. Fisher stated that they had an informal open house and sent out flyers to all the businesses on the west side and property owners on the east side. He stated that approximately two weeks prior to the start of this pro7ect all businesses were contacted. He stated that notices were sent to all property owners explaining who they were to contact if there were any problems. Mr. Flora asked Mr. Fisher if the County met with the property owners on the west side of Main Street. Mr. Fisher stated that they contacted the owners and discussed this project. Mr. Timmerman stated that he knows of no one that has been con- tacted to remove their sprinklers. Councilwoman Jorgenson stated that there has been a lack of commu- , nication on this pro�ect. She stated that when it was discussed by Council in January, the proposal was not for a 42 inch pipe to be installed in the street. She stated tha� this pipinq has added considerably to the cost for the pro�ect. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 8 � Mr. Tom Gladen, Gladen Machining, 5170 Ma1n Street, asked if his property value would increase with this improvement project. He felt that if there were sewer and water and a better road, it would increase the value of the property. Mr. Pribyl, Finance Director, stated that taxes are based on the market value; however, he would tend to think that there is an increased value with the improvements. Mr. Gladen stated that he would be assessed for the bike path, and he asked why the progerties on the east side would not be assessed. Mr. Flora stated that the bike path is considered like a sidewalk, and the cost is assessed to the abutting properties. He stated that the properties on the east side of Main Street are not abuttiny the bike path. Mr. Gladen asked how many feet the City zs requesting for the bike path. Mr. Flora stated that a fifteen foot easement is being requested in front of the properties on the west side of Main Street. Mr. Gladen asked the procedure if he did not give the City an � easement, Mr. Flora stated that the City could obtain the easement through eminent domain, the value would be determined, and the final �udgement made by the court. Mr. Gladen stated that he is not against the bike path but is tryinq to understand why it is needed, He questioned if there could be some ad7ustment in the costs in exchange for the property owtter providing the neoessary easemente He was also concerned about liability for the businesses. He questioned how this pro�ect could beqin without the City approving the bids. Mr. Fisher stated that City approval is required on County State Aid streets. He stated that this is a County roadway, not a State Aid street. He stated that during the design of the pro�ect the City asked the County to incorporate the bike path; however, not all easements have been obtained for this bike path. He stated that this was included in the pro�eot, so bids have been received. He stated that the contractor is aware that all easements have not been acquired for the bike path. The pro�ect will carry over to the spring of next year, and the bike path could be constructed at that time. Mr. Fisher stated that as far as the storm sewer, when preliminary � estimates were prepared it was proposed to construct a series of ponds on the railroad property. He stated that when these plans did not materialize the only way to proceed was to install the storm sewer pipe. � I� FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 9 Councilwoman Jorgenson stated that Council thought the pro7ect would cost about $100,000, but the cost has now escalated to $242,000. She stated that the City only assesses once for storm water costs, and most of the homes on the east side have been assessed. She stated that the pipe that is now being installed will handle the water from the west side of Main Street. She stated that the scope of this project changed about eight weeks ago and started the process of the assessment hearing. Mr. Gladen someone is property. City. stated that he was concerned about the liability if hurt on the bike path crossing the entrance to his He questioned if he would be in a lawsuit along with the Mr. Herrick stated that this probably could happen; however, it is one thing to be a party in a lawsuit and another to be found liable. He stated that in order for anyone to receive a �udgment, there would have to be some showing of negligence. Mr. Gladen stated that there would still be costs to defend the property owner's position. Mayor Pro Tem Schneider pointed out that there is an existing bike path on the street, and the same issue would apply. Mr. Herrick stated that he did not feel the situation would change whether the bike path was on the street or on someone's property. Councilwoman Bolkcom stated that the ob�ective of the Metropolitan Council is to connect the bike paths and to encourage people to use alternate means of transportation. Mayor Pro Tem Schneider stated that in the 1970's there was a fairly broadly based citizens committee that assembled a blueprint of bikeway/walkway plans, and this was re-affirmed through a smaller committee in the 1990's due to the high costs of energy. Mr. Gladen asked when Council will make the final decision on the bike path and its location. Mayor Pro Tem Schneider stated that after this public hearing a decision is usually made at the next regular meeting which would be on September 19. Mr. Steve Schwartz, representing Dealers Manufacturing, 5130 Main Street, stated that it was news to him that the Minnesota Depart- ment of Transportation conducted a safety study. Mr. Flora stated that they did not conduct a safety study but did � an analysis of the City's proposal. He stated that the Department of Transportation reviewed the proposal and submitted recommenda- tions which supported the bike path location on the west side of Main Street. � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 10 Mr. Schwartz stated that there is heavy truck traffic on the west side of Main street, and there really is not any on �he east side. He felt that this may be the opportunity to talk with experts in the trucking and biking field to determine if this is the safest place to construct the bike path. Councilwoman Bolkcom stated that the City did contact Mr. Greg Pates, Transportation Planner, with the Minnesota Department of Transportation, who is considered an expert in the bike path field. Mr. Flora stated that the west side of Main Street was recommended because of the additional street crossinys and driveways on the east side. Mr. Schwartz questioned the cost overruns of $106,000. Mr. Burns, City Manager, stated that at the time the City prepared the capital improvements plan, the costs were estimated as prelimi- nary engineering had not been completed. He stated that since that time, it has been determined that a much larger storm sewer is needed than what was originally anticipated. Mr. Fisher stated that on a project of this type, there is not a lot of earth work involved He felt that these figures will be very close to the actual cost Mr. Jim Stager, 4715 Main Street, asked who controls the mosquito larvae at the pond located on the Murphy Warehouse property. Mr. Surns stated that in regard to detention basins, if they are designed to control water from the site, the maintenance and upkeep is the company's responsibility, Mr. Stager stated that he very seldom observes bzkers on Main Street. He felt that most of the biking would occur on the weekends when the businesses are closed, and he d1d not see a problem with the bike traffic and the truck traffic, MOTION by Councilwoman Bolkcom to receive the following letters regarding the proposed bike path along Main Street_ Burlington Northern Railroad dated August 8,1994; Concerned Citizens dated July 27, 1994; Dealers Manufacturing dated August 1, 1994; Central Roofing Company dated August 15, 1994; API Supply Company dated August 26, 1994; and Safetran Systems Corporation dated August 8, 1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. MOTION by Councilman Billings to close the � Seconded by Councilwoman Bolkcom. Upon a voice aye, Mayor Pro Tem Schneidez declared the unanimously and the public hearing closed at 9:4 public hearing. vote, all voting motion carried o p.m. � � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1999 PAGE 11 OLD BUSINESS• 3. SPECIAL USE PERAIIT REQUEST, SP #94-03, BY GORDON HEDLUND, TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT iFLOOD FRINGE� GENERALLY LOCATED ON THE SOUTH SIDE OF BUFFALO 5TREET EAST OF RIVERVIEW TERRACE (WARD 3) (TABLED JULY 25, 1994 L AND SPECIAL USE PERMIT REQUEST, SP #94-04, BY GORDON HEDLUND, TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT (FLOOD FRINGEI. GENERALLY LOCATED ON THE SOUTH SIDE OF CHERYL STREET WEST OF SROAD AVENUE (WARD 31 (TABLED JULY 25,1994): AND SPECIAL USE PERMIT REQUEST, SP #94-05, BY GORDON HEDLUND, TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT (FLOOD FRINGE}, GENERALLY LOCATED ON THE NORTH SIDE OF DOVER STREET bOEST OF BROAD AVENUE IWARD 3) (TABLED JULY 25. 19941: Mayor Pro Tem Schneider removed the above items from the table_ Ms. Dacy, Community Development Director, stated that these three special use permits are to allow construction of homes in the flood fringe area. She stated that this item was tabled by the Council at their July 25 meeting to resolve the issues of the height for these homes. She stated that staff was to continue to work with the petitioner, Mr. Hedlund, but, unfortunately, he passed away. She stated that Mr. Mitch Moe, his nephew, is authorized by the estate to proceed with these requests Ms. Dacy stated that the Planning Commission recommended approval of the special use permits with various stipulations for each lot. She stated that Mr. Moe has agreed to a height restriction as measured from the street elevation. She stated that staff has calculated the grades and identified them in each of the special use permit requests. She stated it is recommended that the special use permits be approved with the stipulations recommended by the Planning Commission as well as the additional stipulation relating to the height of the dwelling for each of these lots. Mr. Moe, 2301 7th Street N.W., New Brighton, felt that these height restrictions were a reasonable compromise and that his uncle's intent was to construct quality homes. Mr. Clark Nason, 614 Cheryl Street, voiced his concern with the elevation for the home to be constructed on Cheryl Street, kie stated that there would be eight feet of fill hauled and then the home constructed on top of it in an area where all the homes are level. He stated that he is still having problems with the sewer in his home even after the shut off valve was installed. Mayor Pro Tem Schneider stated that Mr. Nason's sewer problem is an issue, but it is unrelated to this request. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6. 1994 PAGE 12 � Councilman Bolkcom stated that, legally, Council does not have a reason to deny the special use permit. Mr. Burns, City Manager, stated that Mr. Nason's sewer backup problems are not related to the capacity of the sewer line. Mr. Flora, Public Works pirector, stated that there is sufficient capacity; however, if anything goes wrong in the system, Mr. Nason is the first home to have a problem because his property is the lowest in the area. He stated that it is hoped the precautions the City has taken will solve this problem. Ms. Dacy stated that the stipulations relating to the property on Cheryl Street require the home to be built in about the middle of the lot which would mean there would be 37-1/2 feet to the property line. MOTION by Councilwoman Bolkcom to grant Special Use Permit Request, SP #94-03, with the following stipulations: (1) the petitioner shall submit an elevation certificate in addition to a ven fying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 824; (2) the petitioner shaLl flood-proof the garage in accordance with current federal and state flood-proofing requirements to a minimum of the one hundred � year flood elevation; (3) the fill placed on the property shall extend a minimum of 15 feet from the proposed dwelling unit; (4) the builder shall grade the property to conform with the engineer- ing plan dated May 23, 1994; (5) the verifying survey shall confirm that the grading complies with the plan dated May 23, 1994; (6) rip-rap shall be placed at the end of the swale ad�acent to Buffalo Street; (7) erosion control measures shall be installed along the west, south, and east lot lines; (8) the petitioner shall submit retaining wall plans that have been signed by a structural engineer. The retaining wall shall be constructed of concrete or stone; (9) the petitioner shall execute and record against the property a hold harmless agreement releasing the City from liabi- lity if damage occurs as a result of flooding; (10� the petitioner shall grant a 10 foot flood control, street, utility, and drainage easement alonq the west lot line; (11) the grading and drainage plan shall indicate the number of trees to be preserved; (12) the petitioner shall sign a Combination Form, combining the property into one tax statement prior to building permit issuance; and (13) the heiqht of the dwellinq shall not exceed 30 feet as measured from the street elevation of S1S.25 feet. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. MOTION by Councilwoman Bolkcom to grant Special Use Permit Request, SP #94-04, with the following stipulations: (1) the petitioner ' shall submit an elevation certificate in addition to a verifying survey prior to the foundation being capped, which shall verify that the mini_mum first floor elevation is 823.9; (2) the petitioner FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 13 � shall flood-proof the garage in accordance with current Federal and State flood-proofing requirements to a minimum of the one hundred year flood elevation; (3) the fill placed on the property shall extend a minimum of 15 feet from the proposed dwelling unit; (4) the builder shall grade the property to conform with the engineer- ing plan dated May 23, 1994; (5) the verifying survey shall confirm that the grading complies with the plan dated May 23, 1994. The retaining wall indicated on the plan shall be constructed of con- crete or stone; (6) the erosion control measures shall be installed along the west, south, and east lot lines, (7) the hold harmless agreement shall be amended to require the property owner to main- tain the storm water catch basin and pipe; (8) the peti-tioner shall execute and record against the property a hold harm-less agreement releasing the City from liability if damage occurs as a result of flooding; (9) the grading and drainage plan shall in- dicate the number of trees to be preserved; (10) the petitioner shall sign a Combination Form, combining the property into one tax statement prior to building permit issuance; (11) the dwelling shall be constructed in the location proposed on the grading plan; and (12) the height of the structure shall not exceed 30 feet as measured from the street elevation which is 817.25 feet. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. MOTION by Councilwoman Bolkcom to grant Special Use Permit Request, � SP #94-05, with the following stipulations: (1) the petitioner shall submit an elevation certificate as part of a verifying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 824.1; (2) the petitioner shall flood-proof the garage in accordance with current Federal and State flood-proofing requirements to a minimum of the one hundred year flood elevation; (3) the fill placed on the property shall extend a minimum of 15 feet from the proposed dwelling unit; (4) the builder shall grade the property to conform with the engineering plan dated May 23, 1994; (5) the verifying survey shall confirm that the grading complies with the plan dated May 23, 1994; (6) erosion control measures shall be installed along the west, south, and east lot lines; (7) the petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability if damage occurs as a result of flooding; (8) the grading and drainage plan shall indicate the number of trees to be preserved; (9) the petitioner shall sign a Combination Form, com- bining the property into one tax statement prior to building permit issuance; and (10) the height of the structure shall not exceed 30 feet as measured from the street elevation which is 818.54 feet. Seconded by Councilman Sillings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6 1994 PAGE 14 1 NEW BUSINESS: 4. RESOLUTION NO. 70-1994 ADOPTING A"PROPOSED" BUDGET FOR THE FISCAL YEAR 1995: Mr. Pribyl, Finance Director, stated that this resolution is to comply with Minnesota Statutes for submission of a preliminary draft budget for 1995 to meet truth-in-taxation requirements. He stated that the City must certify a proposed budget to the County Auditor prior to September 15, 1994. MOTION by Councilman Billings to adopt Resolution No. 70-1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 5. RESOLUTION NO. 71-1994 CERTIFYING "PROPOSED" TAX LEVY REOUIREMENTS FOR 1995 TO THE COUNTY OF ANOKA: Mr. Pribyl, Finance Director, stated that this resolution is to certify a proposed tax levy to the County Auditor. He stated that this "proposed" tax levy of $3,G67,686 represents a zero percent increase over the 1994 levy. He stated that there is no increase in taxes based on the levy itself; however, a study by the Depart- � ment of Revenue indicates market values have increased for 1995 by approximately three percent. He stated that this would result in a slight increase of about $7.00 for the average home in Fridley. MOTION by Councilman Billings to adopt Resolution No. 71-1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, a11 voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 6. RECEIVE AN ITEM FROM THE PLANNING COMMISSION MEETING OF AUGUST 10, 1994� A. RESOLUTION NO. 72-1994 APPROVING A SUBDIVISION, LOT SPLIT, L.S. #94-03, TO SPLIT TWO PROPERTIES INTO FOUR SEPARATE PARCELS, GENERALLY LOCATED AT 1476 AND 1490 64TH AVENUE N.E. (BY TIMOTHY STRONG OF STRONG BUILT HOMES) (WARD 21: Ms. Dacy, Community Development Director, stated that this is a request for a lot split for property located in the southwest corner of 64th Avenue and Arthur Street, She stated that there are currently two existing single family homes on the propertY that faces 64th Avenue at 1476 and 1490. Ms. Dacy stated that the proposal is to divide the south half of this parcel. Ms. Dacy stated that the Planning Commission recommended approval � of this lot split with seven st�pulations. She stated that staff researched the trees to be preserved on the property, and another stipulation is also recommended pertaining to an assessment of $1,000 per lot for the storm water improvement. � � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 15 Mr. Hickok, Planning Coordinator, stated that staff evaluated the woodland area, what significant trees existed, and identified the trees to be preserved on this site. Mayor Pro Tem Schneider asked who is the owner of the property. Ms. Dacy stated that Tim Strong is the petitioner and will be acquiring the property behind 1476 and 1490 64th Avenue if this lot split is approved. She stated that the owners have signed for the lot split. Ms. Dacy stated that the Appeals Commission considered a front yard variance request for placement of the homes on the sites, and this was unanimously approved. She stated that since �here were no ob7ections this issue would not be submitted to Council. Mayor Pro Tem Schneider stated that the ditch that runs on the south side of the parcel has been an issue with the neighborhood for years. He asked staff's proposal for maintaining this ditch. Mr. Hickok stated that on the south side there is a natural growth area, while there has been some trimming done on the north side. He stated that neighboring residents wanted to let the site grow in a more natural state, and he believed this should be encouraged. Councilman Billings asked if there was a lot split that splits the west and east halves of this lot. Ms. Dacy stated that these lots are under separate descriptions, and she did not know when that original lot split took place. Mr. Hickok stated that the County has indicated that there was a survey on f11e before 1959 that indicates there are two lots. He stated that each of the lots are separate tax parcels and are recognized as the east and west half of Lot 1, Block 2, Spring Valley Addition. He stated that the lot split will separate the two pieces and allow them to be sold as independent parcels. MOTION by Councilwoman Jorgenson to adopt Resolution No. 72-1994, with the following stipulations attached as Exhibit A: (1) the petitioner shall provide the information requested in Items a through d prior to the issuance of a building permit: (a) clarzfy the amount of fill in the front yard by adding additional spot elevations and drainage arrows on the grading plan; (b) clarify how the shallow ditch section along Arthur Street will be handled; (c) provide accurate first floor elevations to insure proper grades for the sanitary sewer services; and (d) provide an erosion control plan in compliance with Chapter 208; (2) water and sewer services shall be provided to the dwelling units; (3) the sanitary sewer connection shall be made via the manhole located at the intersec- tion of Arthur and Camelot Streets; (4) the petitioner shall pay the appropriate connection fees and SAC charges ($800.00 per unitj at the time of building permit issuance; (5) the petitioner shall � � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 16 pay a park dedication fee of $750.00 per lot at the time of buil- ding permit issuance; (6) the petitioner shall provide a verifying survey prior to the capping of the foundation; (7) the petitioner and sta£f shall designate which trees shall be preserved and pro- tected pursuance to the restrictive covenants. The map prepared as a result of the staff's field inspection shall be attached to these stipulations; and (8) each lot shall be assessed $1,000 for the 64th Avenue storm water pro�ect. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 7. ESTABLISH A PUBLIC HEARING FOR SEPTEMBER 19, 1994, FOR A PLAT REOUEST, P.S. #94-05, BY KEITH EIBENSTEINER FOR BILTMORE CONSTRUCTION OF NEW BRIGHTON. INC., TO SUBDIVIDE PROPERTY GENERALLY LOCATED IN THE SOUTHEAST CORNER OF THE TOTINO-GRACE HIGH SCHOOL PROPERTY AT 1350 GARDEPdA AVENUE N.E. (WARD 2i: MOTION by Councilwoman Jorgenson to set the public hearing for Plat Request, P.S. #94-05, for September 19, 1994 and notify residents who attended the prior meetings. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 8. RECEIVE AN ITEM FROM THE APPEALS COMMISSlON MEETING OF AUGUST 23, 1994: A. VARIANCE REOUEST. VAR #94-21, BY IMAGINALITY, INC., FOR MEAD064 RUN APARTMENTS, TO REDUCE THE SETBACK OF A SIGN FROM THE PROPERTY LINE FROM 10 FEET TO 0 FEET TO ALLOW THE CONSTRUCTION OF A NEW SIGN GENERALLY LOCATED AT 7855 EAST RIVER ROAD ( WARD 3 L Mr. Hickok, Planning Coordinator, stated that this is a request for a variance to allow the setback of a sign to be at zero feet instead of the required ten feet to allow construction of a new sign which would run perpendicular with the roadway. He stated that there is an existing sign which will be removed as well as the center monument, Mr. Hickok stated that the Appeals Commission unanimously recommended approval of this variance. He stated that staff believes there are alternatives to this variance by modlfying the entry island. He stated that this will allow the required 25 foot aisle and still provide adequate space for the sign to meet the required ten foot setback. Mr. Hickok stated that staff has �ust learned that the County may need additional right-of-way at this location for the improvement of East River Road. He stated that if that is the case, the sign may have to be replaced. Ms. Olek, representing the Management Company for Meadow Run Apartments, stated that she felt the best place for the sign is FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 17 � perpendicular to the monument. She stated that the traffic area is very tight. If the curb was moved in any closer, there could be increased problems with traffic, snow removal, and the garbage trucks coming into the site. She stated that tonight was the first time she has heard of the potential right-of-way problem. Mr. Flora, Public Works Director, stated that the City received notice today from the County that they had received funding for the improvement of East River Road in front of the Meadow Run Apart- ments and are looking at an additional 27 feet of right-of-way. Ms. olek stated that the siqn is not a permanent structure and could be moved at a later time, if necessary, Councilwoman Bolkcom stated that she felt it would not increase its visibility by moving the sign forward. Ms. Olek stated that she felt locatinq the siqn closer to the road and having lights would provide a grand entrance for the apartment complex. She stated that locating the sign further from the road- way, near the landscaping would not be that visible. Councilwoman Jorgenson felt that by removing the pillars, the sign would become more visible, but she cannot support the variance as � it stands. She felt that perhaps the petitioner would like more time to contact the County as to their plans for the improvement of East River Road. Ms. Olek stated that this would be satisfactory, as tonight is the first she received word on the County's plans, MOTION by Councilwoman Bolkcom to table this item to the October 17, 1994 Council meeting. Seconded by Councllwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 9. APPROVE SERVICE CONTRACT WITH ANOKA COUNTY COMMUNITY ACTION PROGRAM FOR ADMINISTRATION OF HOME IMPROVEMENT GRANT PROGRAM: Mr. Fernelius, Housing Coordinator, stated that at their February 7, 1994 meeting Council allocated $124,612 in CDBG funds for housing rehabilitation. He stated that these funds are to be used to provide grants for low income homeowners to upgrade their residences to meet the basic code requirements. Mr. Fernelius stated that applications were accepted in July Over 23 people applied, and twenty were eligible for this program. Mr. Fernelius stated that the City has contracted with the Anoka County Community Action Program {ACCAP) to administer this program � at a cost eleven percent of the budget. He stated that this represents an increase of one percent from last year's service contract. He recommended that Council approve this service FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 18 � contract with ACCAP to administer the home improvement grant program. MOTION by Councilwoman Jorgenson to approve the service contract with Anoka County Community Action Program for administration of the home improvement grant program. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 10. RESOLUTION NO. 73-1994 APPROVING ANOKA COUNTY COMMUNITY ACTION PROGRAM LEASEHOLD COOPERATIVE TAX STATUS IN HYDE PARK (WARDS 1 AND 3)• Ms. Dacy, Community Development Director, stated that the Anoka County Community Action Program (ACCAP) has submitted an applica- tion to the Minnesota Housing Finance Agency to acquire and rehabilitate one four-plex and two seven unit buildings in Hyde Park. She stated that the purpose of the pro7ect is to create affordable housing for single, low income individuals. She stated that the three buildings will be owned and managed by ACCAP as a leasehold cooperative, and the tenants will lease the share from ACCAP, rather than own a share of the cooperative. Ms. Dacy stated that the properties to be acquired are 6008 2nd Street, 5908 2-1/2 Street, and 5916 2-1/2 Street. � Ms. Dacy stated that adoption of this resolution endorses Council's support of this pro7ect. She stated that ACCAP has also requested HRA assistance, and they have agreed to finance up to fifty percent of the rehabilitation costs. She stated that there would be a tax loss for the three properties of $1,309.94; however, the advantage is the unrts would be rehabilitated to an increased value and create affordable housing for low income individuals. MOTION by Councilwoman Bolkcom to adopt Resolution No. 73-199�. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 11. APPOINT CITY REPRESENTATIVE TO THE NATIONAL ORGANIZATION ON DISABILITY• Ms. Dacy, Community Development Director, stated that the Human Resources Commission has recommended that Mr. Charles Welf be appointed as the City's representative to the National Organization on Disability. She stated that Mr. Welf would replace Mr. Roger Blohm who was previously appointed and is no longer able to serve as the City's representative. MOTION by Councilwoman Jorgenson to appoint Charles Welf as the � City's representative to the National organization on Disability. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 19 � Mayor Pro Tem Schneider requested that staff prepare a plaque for Mr. Blohm for his service to this organization. 12. RECEIVE BIDS ON PERSONAL COMPUTERS FOR THE CITY OF FRTDLEY: Mr. Pribyl, Finance Director, stated that after reviewing the second round of bids, it is requested that Council receive and re7ect the bids. He stated that out of the four bids received, three did not comply with the specifications. He stated that the only company complying with the specifications was Ameridata. Mr. Pribyl stated that in reviewing the bids for the non-complying companies, it was discovered that they are not able to offer dis- count pricing on PC's that are based on the most recent standards. He stated that the discount pricing comes from the clone manufac- turer's ability to assemble personal computers built from parts that are most often not based on the newest technology. Mr. Pribyl stated that the City could purchase eleven P.0 s upgraded to 66 megahertz off the state contract. He stated that these would be used for the users identified as multi-system or high capacity users. He stated that the specifications for the remaining eleven personal computers could then be reduced to take advantage of the price breaks avail-able from the clone manufac- � turers. He stated that this would reduce the overall cost and have funds left over for training on various Windows based software. Mayor Pro Tem Schneider asked the price to purchase the eleven computers from the state. Mr. Pribyl stated that this cost is $2,575 per unit. He stated that he did not have an exact price on updating the clones but was estimating a price differential of $200 to $250 per unit, Councilman Billings stated that the price on the clone bid is $2,135 per unit, and the cost to purchase through the State is $2,575 per unit which is actually an upgrade to the specifications. He felt that since there is only a difference of about $400, it would be better to keep a11 the personal computers interchangeable and have state-of-the art equipment that can be upgraded. Mayor Pro Tem Schneider stated that the issue of interchangeable is of some significance, but most of the parts are interchangeable. He felt that eleven personal computers should probably be purchased through the state contract, and the ather eleven personal computers could be clones and purchased at a lower price. Councilman Billings stated that the previous computers that the City purchased ended up with memory that was non-expandable. He � stated that if the City had purchased an industry standard, they could probably still use some of the existing computers. He stated that he is concerned about expanding in the future. The clone manufacturer's do not know what the computers contain and cannot � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6 1994 PAGE 20 assemble a manual. position where five He stated that he cannot be expanded. He stated that he did not want the City in a years from now they need to buy new computers. is concerned about purchasing 22 units that MOTION by Councilman Billings to receive the following bids and reject all the bids: Bidder Ameridata Computer Parts PC Tailors Blue Star Total Bid $�4,639.00 $68,220.84 $48,93G.00 $45,988.00 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to authorize the purchase of eleven personal computers through the state contract upgraded to � G6 megahertz at a price not to exceed $2,600 per unit. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. � 13. RESOLUTION NO. 74-1994 AUTHORIZING THE USE OF CREDIT CARDS AS A METHOD OF PAYMENT FOR CITY SERVICES: Mr. Pribyl, Finance Director, stated that this resolution would provide for residents and other customers to use their credit cards in paying for City services. MOTION by Councilwoman Jorqenson to adopt Resolution No. 74-1994. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously, 14. RECEIVE PETITIONS N0. 7-1994 AND 8-1994 FROM BURLINGTON NORTHERN RAILROAD AND MURPHY WAREHOUSE COMPANY FOR WATER SERVICE INSTALLATION (WARD 3): Mr. Flora, Public Works Director, stated that petitions were received from Burlington Northern Railroad and Murphy Warehouse Company for installation of water services to their properties on Main Street. He stated that the petitions request the City to install the improvement and waive the requirement of a public hearing. He stated that the installation of the water services can be incorporated into the contract for the reconstruction of Main 5treet. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 21 � MOTION by Councilman Billings to receive Petition No. 7-1994 from Burlington Northern Railroad and Petition No. 8-1994 from Murphy Warehouse Company for installation of water services to their properties. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 15. APPROVE CHANGE ORDER NO. 1 FOR EMEAGENCY REPAIR OF WELL NO. 1, PROJECT NO. 269 (WARD 11: Mr. Flora, Public Works Director, stated that an emergency repair was initiated for the removal of sand from Well No. 1. He stated it was expected that the cost would be under $25, 000 to remove about thirty to forty cubic yards of sand. He stated that an excess of 150 cubic yards has been removed which has resulted in an increased cost. MOTION by Councilwoman Jorgenson to authorize Change Order No. 1 with Keys Well Drilling for the Emergency Repair of Well No. l, Project No. 269, for a total cost of $38,100. Seconded by Council- woman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 16. APPROVE CHANGE ORDER N0. 1 TO COMMONS PARK SHELTER, PROJECT � N0. 267 (WARD 11: Mr. Flora, Public Works Director, stated that this change order is for an additional 26 feet of water and sewer service to be installed at the Commons Park Shelter due to the ad�ustment in the location to avoid existing trees on the site. He stated that the change order also covers the addition of a hand dryer and the upgrade of exterior doors. MOTION by Councilwoman Bolkcom to authorize Chanqe Order No. 1 with Karlen Constructlon for the Commons Park Shelter, Pro�ect No. 267 in the amount of $1,319.00. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 17. RESOLUTION I^IO. 75-1994 REOUESTING THE POSTING OF "NO TURNS ON RED" AT THE INTERSECTION QF AIGHWAY 65 AND COUNTY ROAD 35: Mr. Flora, Public Works Director, stated that at the Council mee- ting on August 15, the Council expressed concern regarding the amount of traffic turning on County Road 35 (Central Avenue) which severely impacts neighborhood access to Highway 65. He stated that this resolution would request that the Minnesota Department of Transportation post �'no turns on red" at this intersection. � MOTION by Councllwoman Jorgenson to adopt Resolution No. 75-1994. Seconded by Councilwoman Bolkcom. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 22 � Councilman Billings questioned the impact on northbound traffic who wished to make a right turn on Central Avenue. Mr. Flora stated that there should not be a ma�or impact, as it is now posted for no right turns on red during the peak hours. Councilman Billings felt that it was premature in requesting the change in the sign when no traffic counts have been done. Councilwoman Jorgenson stated that she felt a traffic study was needed for the whole area and possibly even move up the date for the intersection improvement. She stated that there are about one thousand cars a day trying to get out to the highway. Mr. Flora stated that he was not sure the Minnesota Department of Transportation would make any changes, but the resolution requests that they address the issue. They have the final decision, however. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Pro Tem Schneider declared the motion carried unanimously. 18. APPOINTMENT: CITY EMPLOYEE: � Mr. Burns, City Manager, stated that he was pleased to recommend Kyle Birkholz for appointment as the Head Clerk, Liquor Stores. He stated that Mr. Birkholz graduated from the University of Minnesota and started working part-time for the City in 1990 and full-time in 1991. MOTION by Councilman Billings to concur with the following appointment by the City Manager; Starting Starting Name Position Salarv Date Replaces Kyle Head Clerk $10.18 Sept. 7, Jery Blrkholz Liquor Stores per hour 1994 Cariolano Non-exempt Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 19. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that he is proposing an informal discussion after this meeting �o discuss the development of the park area behind the Rice Creek Townhomes. He stated that he also � wished to discuss the possibility of prohibrting metal buildings. � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 23 Councilman Billings asked if there was a recommendation from the Parks and Recreation Commission on the park near the Rice Creek Townhomes. Mr. Burns stated that this is a recent development and will be submitted to the Parks and Recreation Commission. He stated that the idea originated from members of the Council, and he wished to respond to the question before it is submitted to the Parks and Recreation Commission. Councilman Billings stated that there was a request earlier for the removal of weeds. He felt that there should be a joint powers agreement before anything is done since this park belongs to another entity of government. Councilman Billings questioned if there was action by the Council to initiate the re-acquisition of the park property from the Caunty. Mr. Burns stated that he acted on what he believed was an informal request, and City staff approached the County with the request for acquisition. Councilman Billings stated that this park is not included in the � Five Year Capital Improvements Plan. Whatever funds are spent at this location would reduce funds earmarked for other locations. He stated that there is a park a block away from this park which has playground equipment for children. He stated that there are many people in the City that do not have a park in their back yard. � Councilwoman Jorgenson stated that the County is removing the equipment from this park, and there are 150 children in a very small area that do not have a place to play. Councilman Billings stated that the County chose to provide a facility approximately one block away, and he does not question whether or not they made the right or wrong choice. Councilman Billings felt that the normal pracess is not being followed, and if improvements are done at this park, others may go without. He stated that the last time this issue was discussed in a work session, he asked if this should not come before the Council so that action could be taken. 20. CLAIM5: MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 57308 through 57G64. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. � � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 PAGE 24 21. LICENSES: MOTION by Councilwoman Bolkcom to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Council- woman Sorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 22. ESTIMATES• MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Newquist & Ekstrum 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Statement for Services Rendered as City Prosecuting Attorney for the Month of June, 1994. . . . . . . Statement for Services Rendered as City Prosecuting Attorney for the Month of July, 1994. . . . . . . . ASTECH P. O. Box 1025 St. Cloud, MN 56302 Street Improvement Project (Sealcoat) Project 110. ST. 1994-10 FINAL ESTIMATE:. . . . . . . . . . , Bituminous Consulting & Contracting 2456 Main Street N.E. Blaine, MN 55449 Concrete Street Repair - Kerry Lane Projeat No. ST, 1994-12 FINAL ESTIMATE:. . . . . . . . , . NewMech Companies, Inc. 1633 Eustis Street St. Paul, MN 55108 Locke Park Water Filter Plant Project No. 240 Estlmate No. 8 . . . . . . . ----------------------- ------------ $ 13,972.50 $ 14,400.00 $159,488.25 $ 12,009.00 $ 29,400.00