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11/21/1994 - 00004813� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 21. 1994 The Regular Meeting of the Fridley City Council was called to o�der at 7:36 p.m. by Mayor Neee PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: PROCLAMATION: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Counoilwoman Bolkcom None HOME CARE WEEK, NOVEMBER 27-DECEMBER 3, 1994: Mr. Burns, City Manager, read this proclamation proclaiming the week of November 27 through December 3, 1994 as Home Care Week< Mayor Nee issued the proclamation and presented it to Mr. Loftus. � Mr. Loftus stated that their patients and clients in Fridley are glad their services are appreciated, and he thanked the Mayor and Council for this proclamation, He invited the Council anal residents to attend an open house on December 1. � Mayor Nee thanked Mr. Loftus for the services they provide to residents of Fridley. APPROVAL OF MINUTES: COUNCIL MEETING, NOVEMBER 7, 1994: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Sillings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SPECIAL COUNCIL MEETING, NOVEMSER 14,3994: MoTION by Councilman 5chneider to approve the minutes as presentedo Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilwoman Jorgenson to adopt the agenda as submitted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � , � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 1994 PAGE 2 OPEN FORUM. VISITORS: There was no response from the audience under this item of business. PUBLIC HEARINGS: 1. PUBLIC HEARING ON REZONING REOUEST, ZOA #94-03, BY DAVID STEWART, TO REZONE PROPERTY FROM C-1, LOCAL BUSINESS, TO R-1, SINGLE FAMILY DWELLING. TO ALLOW PARKING AND DUMPSTER PLACEMENT, GENERALLY LOCATED WEST OF 5720 POLK STREET AND NORTH OF MOORE LAKE APARTMENTS fWARD 2): MOTIDN by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:43 p.m. Mr. Hickok, Planning Coordinator, stated that this is a request to rezone property from C-1 to R-1 which is located west of 5720 Polk Street, south of 930 Hackman Avenue and north of the existing parking area at the Moore Lake apartments. He stated that in 1994, one of the partners of the Moore Lake apartments came to Council with a concern about parking. He stated that Council directed staff to review some alternatives for additional parking and talked about the possibility of relocating existing parking to make better use of the space available. Mr. Hickok stated that this rezoning is related to a lot split, special use permit, and variance request that is currently being processed by the petitioner to allow additional parking on a portion of the property at 572o Polk Street which is a City-owned parcel. He stated that the owners of the ad�acent property, Mre and Mrs. Gilstad, were not interested in selling a portion of their property. They would, however, allow an easement to screen the parking area and provide for snow storage from the apartment complex. Mr. Hickok stated that this parcel is approximately 20,400 square feet. He said that the petitioner owns the parcel to the north and should combine both lots into one parcel. He stated that an addi- tional fifteen parking spaces would be provided with the rezoning of this site, Mr. Hickok stated that the Planning Commission recommended approval of this rezoning by a three to one voteo Staff also recommends that Council concur with the Commission°s recommendation. Councilwoman Jorgenson stated that there are only three vehicles that park in the existing available space. During the winter the area is used for snow storage and cannot be used to its full potential due to the narrow width. FRIDLEY CITY COUNCIL MEETING OE NOVEMBER 21, 1994 PAGE 3 � Councilman Schneider stated that the lot to the north is zoned R-1, and there is R-1 property to the east. He stated that it seems consistent to rezone this parcel to R-1. Councilwoman Jorgenson stated that the petitioner and the Gilstads would work out a private easement for snow storage. Councilman Billings asked about the right-of-way on the west side of the property. Mr. Hickok stated that this is a 20 foot easement owned by Pure Oil. It runs north and south and is part of the C-1 zoning to the west. Ms. Gilstad, 930 Hackman Avenue, stated that the easement is their driveway, but it is owned by Pure Oil. She stated that they have total control, as there was a swap done over twenty years ago. She stated that this area has been used as the backyard of their home, and it should have been rezoned to R-1 because that is the general use. Councilman Billings stated that, at one time, the City was working with the owners of the apartment complex to try and acquire the C-T property where the Union 76 gas station is located. He stated that � the owners of this property advised they may consider a fast food operation in conjunction with the service station operation. He asked if this rezoning would inhibit them from accomplishing this in the future. Ms. Dacy stated that she had not seen a site plan for an expansion. She stated that this rezoning would not affect the service station property, and the owners would still have the ability to expand. She stated that the owners of this property were notified of this rezoning. She stated that the rezoning would exclude the 20 foot strip as long as it is owned by Pure oil, and the rezoning line is the east line of the 20 foot strip. No other persons in the audience spoke regarding this proposed rezoning. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and �he public hearing closed at 8:05 p.m. 2. PUBLIC HEARING ON VACATION REOUEST, SAV #94-03, BY MEARLIN NORDSTROM, TO VACATE PART OF THE DRAINAGE AND UTILITY EASEMENTS GENERALLY LOCATED AT 501 RICE CREEK BOULEVARD N.E. LARD 1) : � MOTI013 by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Council- � � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 1994 PAGE 4 woman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:05 p.m. Mr. Hickok, Planning Coordinator, stated that this request is to vacate two small pieces of property that serve as drainage and utility easements adjacent to 501 Riae Creek Boulevard. He stated that the petitioner wishes to expand his garage and would like the easements vacated and new easements dedicated on both the west and north side of the property. Mr. Hickok stated that the Planning Commission unanimously recommended approval and staff concurs. No persons in the audience spoke regarding this proposed vacation. MOTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:08 p.m. NEW BUSINESS• 3. RESOLUTION NO. 94-1994 PROVIDING FOR THE ISSUANCE AND SALE OF THE CITY'S $485,000 GENERAL OBLIGATION BONDS, SERIES 1994A: Mr. Pribyl, Finance Director, stated that Mr. Thistle, the City's financial advisor, will present a finding on the bid opening held this afternoon for the sale of $485,000 in general obligation bonds. He stated that these are a type of reimbursement bonds to fund street, water, and sewer projects. Mr. Thistle, Springsted, Inc., stated that the City Council authorized bids for a$485,000 bond sale, and six bids have been received. He stated that the low bid was from Piper Jaffray, Inc, at an interest rate of 6.1135 percent. He stated that the City has received an Aal rating from Moody's which is very high. He stated that the bonds are for a variety of capital improvements. He recommended that the City proceed with the bond sale to Piper Jaffray at an interest rate of 6.1135 percent. Councilman Schneider asked if it was cost effective to have the bond sale for such a small offering. Mr. Thistle stated that the cost for issuance is $14,000 and $7,200 £or the biddinq process. Councilman Schneider stated �hat this amounts to about 4-1/2 percent of the total issue. Mr. Pribyl stated that the City only has a certain window of oppor- tunity to sell the bonds. He stated that, apparently, there were � FRIDLEY CITY COUNCIL MEETYNG OF NOVEMBER 21. 1994 PAGE 5 a number of entities reimbursing themselves for improvements they did not intend to accomplish. MOTION by Councilwoman Jorgenson to receive the following bids for the bond sale: Bidder Piper Jaffray, Inc. Dain Bosworth, Inc. Norwest Investment Services, Ync. Sohn G. Kinnard & Co., Inc. - American Bank National Association Juran & Moody, Inc. FBS Investment Services, Inc. Interest Rate 6.1135 percent 6.1278 percent 6.1357 percent 6.1384 percent 6.1522 percent 6.1699 percent Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � MOTION by Councilwoman Jorgenson to adopt Resolution No. 94-1994, accepting the offer of Piper Jaffray, Inc., as the low bidder for the bond sale, with an interest rate of 6.1135 percente Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 4. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETTNG OF NOVEMBER 2, 1994: A. ESTABLISH A PUBLIC HEARING FOR DECEMBER 5. 1994, FOR A REZONING REOUEST. ZOA #94-05, BY BRUCE MOSEMAN OF SUPREME TOOL. INC. TO REZONE FROM C-2. GENERAL BUSINESS, TO M-1, LIGHT INDUSTRIAL, TO ALLOW CONSTRUCTION OF A MANUFACTURING FACILITY. GENERALLY LOCATED NORTH OF 7597 HIGHWAY 65 (WARD 21: MOTION by Councilman Schneider to set �he public hearing on rezoning request, ZOA #94-05, for December 5, 1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B, ESTABLISH A PUBLIC HEARING FOR DECEMBER 5.1994, FOR A REZONING REOUEST, ZOA #94-04. BY DAVE MCINTYRE �F CERES ENVIRONMENTAL, TO REZONE FROM M-2, HEAVY INDUSTRIAL, TO M-3, OUTDOOR INTEN- SIVE, HEAVY INDUSTRIAL, TO ALLOW THE CONSTRUCTION OF CORPORATE OFFICES AND OUTDOOR STORAGE OF MATERIALS AND EOUIPMENT AS A PRINCIPAL USE, GENERALLY LOCATED EAST OF 5101 INDUSTRIAL BOULEVARD, NORTH OF FMC, AND ADJACENT TO THE BURLINGTON NORTHERN MAINLINE (WARD 31: MOTIQN by Councilwoman Bolkcom to set the public hearinq on rezoning request, ZOA #94-04, for December 5, 1994. Seconded by � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21. 1994 PAGE 6 Councilman Schneider. Upon a voice vote, a31 voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to receive the minutes of the Planning Commission Meeting of November 2, 1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF NOVEMBER 8. 1994: A, VARIANCE RE9UEST, VAR #94-29, BY CAROL TORKELSON, TO ALLOW A 15 FOOT FREE-STANDING SIGN TO BE DISPLAYED IN A RESIDENTIAL DISTRICT FROM JANUARY THROUGH APRIL 15 OF EACH YEAR, GENERALLY LOCATED AT 68D0 BROOKVIEW DRIVE N.E. (WARD 1): Mr. Hickok, Planning Coordinator, stated that this is a request for a variance to allow a free-standing sign of 15 square feet to be located in the front yard of a residence at 6800 Brookview Drive. He stated that the Sign Code allows for a three square foot sign on the structure itself. Mr. Hickok stated that staff evaluates each sign variance request on four criteria as outlined in Section 214.21.02 of the Sign Code. � He stated that staff felt that this variance does not meet these four conditions for granting the variance, and the City has not previously granted variances of this type. � Mr. Hickok stated that trie Appeals Commission recommended denial o£ the variance and staff concurs. MOTION by Councilman Billings to concur with the recommendation of the Appeals Commission and deny Variance Request, VAR #94-29. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. AUTHORIZE REALLOCATION OF 1994 CDBG HUMAN SERVICE FUNDS: Ms. Dacy, Community Development Director, stated that Mr. Oquist, Chairperson for the Human Resources Commission, was present to answer any questions regarding reallocation of $3,000 in CDBG funds. Mr. Oquist stated that the Human Resources Commission is recom- mending that $1,000 be allocated to Tamarisk Resources and $2,000 be allocated to the Safety Camp project. He stated that the Com- mission realizes that the Safety Camp is a City sponsored program. He also stated that it is very worthwhile, would help pay the $15.00 fee for those who cannot afford it, and also fund other activities for the Safety Camp. Ms. Liz Chevalier and Ms. Julie Swanson, of the Police Department, explained the Safety Camp program. Ms. Chevalier stated that the Safety Camp would be held for two days for second and third graders focusing on a variety of safety issues, as well as drug prevention FRIDZEY CITY COUNCIL MEETING OF NOVEMBER 21. 1994 PAGE 7 � and wheelchair awareness. She stated that the children would be divided into groups of 20 to 25 with at least one member from the police, fire, and recreation departments, and senior citize� representatives to serve as leaders. She stated that Fridley is probably one of the first cities to actively include the seniors. Ms. Swanson stated that this Safety Camp would target all children in Fridley, and registration would also be open to all Fridley residents. Councilwoman Jorgenson asked if Safety Camps were held last year at the apartment aomplexes. Ms. Chevalier stated that she visited the City parks and talked about safety issues. She stated that this Safety Camp would be held at Commons Park, and a helicopter would fly in for the opening ceremony. Ms. Swanson stated that a video is available on what has been done in other cities if Council wished to view it. She stated that this is a community project, and funds have been solicited from busi- nesses. T-shirts will be donated by Target and Unity Hospital, and Hardee's has offered lunch and snacks. � MOTION by Councilwoman Jorgenson to concur with the recommendation of the Human Resources Commission and reallocate 1994 CDBG funds to the Safety Camp project in the amount of $2,000 and to Tamarisk Resources in the amount of $1,000, Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. ADOPT ORDER TO RAZE A HAZARDOUS STRUCTURE AT 5335 6TH STREET N.E. (WARD 1): Ms. Dacy, Community Development Director, stated that the building proposed to be razed is located at 5335-37 6th Street. She stated that a duplex is located on this parcel, and the structure in question is located to the rear of the duplex. She stated that the size o£ the building is 20 feet by 25 ieet and has been on the property for a number of years. Ms. Dacy stated that a duplex was constructed on the property in 1979 and, as a condition of the building permit, this structure was to be removed. She stated that the building was not removed by the owner or contractor. She stated that ownership has since changed, and the property is now owned by Mr. Robert Huber. Ms. Dacy stated that a complaint was received on this structure, and an inspection was conducted by City staff. She asked the Chief � Building Official, Mr. Palacio, to review the condition of this building. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 1994 PAGE S � Mr. Palacio, Chief Building Official, stated that he received a complaint as to the unsafe conditions of this buildinq, and an inspection was conducted on August 31, 1994. He stated that a letter was sent to the property owner, Mr. Huber, notifying him of these hazards. Mr. Palacio reviewed the hazardous conditions of this building, as outlined in his memorandum to Barbara Dacy dated November 17, 1994. Mr. Palacio stated that these conditions related to deterioration of the roof, foundation, and chimney; no records of electrical or heating system disconnects; broken windows and cracking of the exterior siding and stucco; collapse of walls and ceiling; and a fire hazard to public health and safety. Mr. Palacio stated that the City appraised the building at $455.00. He stated that according to the city code, a structure cannot be upgraded if the necessary repairs exceed fifty percent or more of the fair market value. He stated that the estimated cost for repairs is $28,425, and the size would not meet minimum require- ments of 1,020 square feet for a one family dwelling. Ae stated that there is already a two family dwelling on this parcel, and another principal stru�ture would not be permitted because of the size oP the lot. Councilman Billings asked if there were any notes in the file that indicate why this structure should have been demolished when the � duplex was constructed. Mr. Palacio stated that he could not find any notes regarding demolition of this structure. Councilman Billings asked Mr. Palacio if this action to raze the structure has anything to do with the 1979 action or if it is because of the present condition of the building. Mr. Palacio stated that the recommendation to raze the structure is due to the current condition oP the building and it being a hazard. Counailman Schneider stated that the issue the Council has to address is if they believe the building is a hazard to the public safety. Mr. Huber, owner of the property at 5335-37 6th Street, stated thati Mr. Palacio is correct in his assessment of the structure, as it is not in good shape. He stated that he wants it removed as bad as the City, but he reviewed the fac�s back in 1979 when the structure should have been removed. Councilman Schneider stated that what happened in 1979 really has no bearing on the issue to raze the building. � Mr. Huber stated that in 1979, there was a stipulation that the owner obtain a wrecking permit, and the building was to be removed � � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 1999 PAGE 9 in 1979. He stated that the structure was deteriorated when he purchased the duplex. He stated that within weeks after he purchased the duplex, he discovered an abandoned fuel tank leaking, and if a soil sample could be taken now fuel oil would be found in the soil. Mayor Nee stated that the issue before Council this evening is if the building is a hazard. Mr. Huber stated that he has contacted the builder of the duplex, has not received any satisfaction, and is considering taking him to conciliation court. Councilwoman Jorgenson stated that Mr. Huber may have a case for a civil action against the previous owner or builder, but the issue this evening is if the building is a hazard to public safety and health. Mr. Huber stated that when the City conducted a final inspection in 1979, the City should have enforced the removal of this structure. He stated that if this had been done, he would not be here this evening. Councilman Schneider felt that Mr. Huber should have investigated the property when he purchased it in 1984. Mr. Huber stated that in his mind, this rear building was not there. If he had known the problems it has created, he never would have purchased the property. Mayor Nee stated that this issue is irrelevant, and the question is whether or not the structure is a hazard and public nuisance. Mr. Huber stated that he would agree it is time to remove this structure, but this is a situation where it is known that the builder was suppose to remove it. Councilman Billings stated that there are no notes in the file for this structure to be removed, and the only information he has is the letter Mr. Huber received from the builder, Mr. Shermer of Shermer Canstruction which indicated that the owner of the property, Mr. Bonczek, wished to use the building as a workshop. He stated that he would assume the City initially requested the huilding to be torn down so that there would not be two principal structures on the site, and the owner probably approached the City to ask if it could be used as a workshop. He stated that the only information the City has is this letter from Mr. Shermer to Mr. Huber which explains why the building was not removed. He stated that if tihe building was not in a state of disrepair, this issue would not be before Council and in 1979, the building may have been in good condition. Ms. Pat Carey stated that she is a concerned citizen speaking in support of Mr. and Mrs. Huber. She stated that she does not live FRIDLEY CITY COUNCIL MEETING OF NQVEMHER 21, 1999 PAGE 10 � in Fridley, but that is not relevant. She stated that if the City had followed through with what should have been done in 1979, there would not be this issue. She felt that there should be some help and public funding to help Mr. Huber raze the building. Councilwoman Jorgenson stated that Council cannot spend public funds to help private citizens raze their buildings. Councilman Billings stated that there is a rehabilitation program through the Housing and Redevelopment Authority, and that may be the appropriate place to apply for funding to make an improvement to a piece of property. He told Mr, Huber that he could contact Barb Dacy or Grant Fernelius of City staff to determine if funds could be used for this purpose. Councilman Billings stated that he understands the point Ms. Carey is making, as she feels that in 1979 the City made a mistake by not having this structure removed from the property. He stated that, apparently, subsequent to the application by the contractor for the building permit and prior to the issuance of the certiPicate of occupancy, the situation changed and the structure was allowed to remain on the property. He stated that based on information available now, he does not feel there was any wrongdoing on the City's part. � MOTION by Councilman Billings to authorize the order �o raze a hazardous structure at 5335 6th Street and for the appropriate City officials to execute same. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8, RESOLUTION MAKING CERTAIN FINDINGS REGARDING HOMESTEAD TAX TREATMENT OF PROPERTY IN HYDE PARK BEING PURCHASED BY ANOKA COUNTY COMMUNITY ACTION PROGR�IM, INC.: Ms. Dacy, Community Development Director, stated that prior to the Council considering this resolution, a public hearing has to be conducted and would recommend the hearing be held on December 5, 1994. She stated that the requirements for the public hearing were not brought to her attention when this resolution was originally requested. She stated that staff will also include this resolu�ion for the Council's consideration at the December 5, 1994 meeting. MOTION by Councilwoman Bolkcom to set a public hearing for December 5, 1994 to consider the leasehold cooperative status on property in Hyde Park at 6��8 2nd Street and 5408-16 2-1/2 Street. Seconded by Councilman Schneider. Upon a voice vote, Councilwoman Bolkcom, Councilman Schneider, CounciTwoman Jorgenson, and Councii- man Billings voted in favor of the motion. Mayor Nee abstained � from voting on the motion. Mayor Nee declared the motion carried by a four to one vote. FRIDLEY CITY COIINCIL MEETYNG OF NOVEMBER 21, 1994 PAGE 71 � Councilwoman Bolkcom asked that residents in the immediate neigh- borhood be notified of this public hearing. 9. APPROVE CONTRACT FOR EXECUTIVE DIRECTOR FOR CLEAN-UP WEEK, 1995: Ms. Dacy, Community Development Director, reviewed the mission for the City-wide clean-up week to be held in September of 1995o She stated that this clean-up week was to provide for curbside collec- tion of materials, a paint-a-thon, collection of non-hazardous materials, enable the elderly and disabled to participate, include multiple and single family residential properties as well as commercial and industrial properties, coordinate the City's acti- vities with the League of Minnesota Cities "Clean Up1° week, and foster good community spirit. Ms. Dacy presented an organizational chart with Council authorizing the Community Development Department to oversee the hiring of an Executive Director for this event. She stated that a citizen advisory committee is proposed consisting of neighborhood block captains, representation from the Park and Recreation Commission and Environmental 4uality and Energy Commission, and representa- tives from various community groups and organizations. She stated that the Executive Director would organize and implement the Clean- � Up Week activities as directed by the Council and committee. She stated that a technical committee would consist of City staff, other providers, and staff from County or State agencies. Ms. Dacy recommended that Ms. Lonni McCauley �rom Events of Distinction be hired as the Executive Director. She stated that Ms. McCauley has fifteen years of experience managing North Metro Chambers of Commerce and 25 years experience of producing events and projects for civic organizations. She stated that the cost for Ms. McCauley°s services is $16,800 plus additional costs for postage, mileage, etc., not to exceed $750.00e She stated that Ms. McCauley suggested that Council may wish to appoint a member of the Council as a liaison between the Council and advisory committee. Councilman Schneider stated that besides the actual clean-up, one of the objectives is a Tot of public participation and promotion of community spirit. He asked Ms. McCauley if she felt this was possible. Ms. McCauley stated that part of the clean-up is to unify and celebrate the community of Fridley. She also felt that activities could be arranged around a central theme and have farther reaching consequences than just the actual clean-up. � Councilman Schneider asked Ms. McCauley if she had a concept of how many persons would be involved. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 1994 PAGE 12 �Ms. McCauley stated that she hoped one hundred people or more would _ be involved, and the paint-a-thon itself would involve a lot of volunteers, She felt that when the committee meets, they can determine the number of people needed. MOTION by Councilwoman Bolkcom to approve the contract with Ms. Lonni McCauley, President of Events of Distinction, for Clean- Up Week, 1995. Seconded by Counailman Schneider. Upon a voiae vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to appoint Councilwoman Bolkcom as the Council's representative on the committee. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. APPROVE PROPOSED 1995 AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE FRIDLEY COMMUNICATION WORKSHOP (ETC1: MOTION by Councilwoman Jorgenson to concur with the recommendation of the Cable Television Commission and authorize the Mayor and City Manaqer to enter into the 1995 agreement between the City and the Fridley Communication Workshop granting $39,000 from the cable franchise fee to ETC Fridley Communications Workshop, Inc. � Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. - 11. APPROVE CHANGE ORDER NO. 2 FOR COMMONS PARK SHELTER. PROJECT NO. 267 (WARD 1): MOTION by Councilman Billings to authorize Change Order No. 2 for Commons Park Shelter, Project No. 267 with Karlen Construction in the amount of $200.00. Seconded by Counoilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. RESOLUTION N0. 95-1994 AUTHORIZING ACCEPTANCE OF CERTAIN PARK PROPERTY DECLARED SURPLUS BY ANOKA COUNTY AND DEVELOPMENT OF SAID PROPERTY AS A FRIDLEY NEIGHSORHOOD PARK (WARD 2�: Mr. Kirk, Director of Recreation and Natural Resources, stated that this resolution deals with the Rice Creek Park property located south of the Rice Creek Townhouse complex, He stated this resolu- tion would authorize the City Manager to accept title of this property from Anoka County. He stated that the City would upgrade the park, as one of the neighborhood parks, and spend up to $35,000 in 1995 to upgrade the hard sur£ace court area, playground equip- ment, and basketball courts. � Mr. Kirk stated that in addition, the resolution calls attention to other under serviced areas of the City and for the City to include upgrading of all the park playground equipment within the next £ive years as part of the Five Year Parks Capital Improvement Plan. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 1994 PAGE 13 � MOTION by Councilman Schneider to adopt Resolutlon No. 95-1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RESOLUTION NO. 96-1994 AUTHORIZING AN AGREEMENT WITH SCHOOL DISTRICT 14 FOR SCAOOL�PLAYGROUND EOUIPMENT MAINTENANCEa Mr. Kirk, Director of Recreation and Natural Resources, stated that this resolution would authorize the City Manager to enter into two agreements with School District No. 14, one for maintenance of recreation and athletic facilities cooperatively used by the City and School District, and a Reciprocal Defense and Indemnificatior. Agreement which gives direction as to responsible parties in the event of claims for damages arising out of this cooperative use. Mr. Kirk stated that the school district would provide inspection and notify the City of needed repairs. He stated that they would also provide liability insurance for the equipment on their property. He stated that the City would make the repairs and keep records of the maintenance and repair work. He stated that the addendum lists the facilities that are cooperatively used by the City and school district. Mr. Kirk stated that the City Attorney has checked with the League � of Minnesota Cities, and there would be no additional premium for the school district to be named on the City's insurance, The school district would also do likewise. Councilwoman Jorgenson asked if the City would be entering into similar agreements with the other school districts, Mr. Sirk stated that this could be done if the Council desires to do so. He stated that most of the playground projects at the schools were spearheaded by the PTO's. He stated that the school districts installed the equipment, and the City contributed at Woodcrest, North Park Elementary, and Hayes and Stevenson schools. MOTION by Counailman Schneider to adopt Resolution No. 96-1994. Seconded by Councilwoman Sorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RESOLUTION NO. 97-1994 DESIGNATING TIME AND NUMBER OF COUNCIL MEETINGS: Mr. Burns, City Manager, stated that this resolution is submitted for Council's consideration to designate the time and number of Council meetinqs for 1995. He stated that the second and fourth Mondays of the month are designated as regular Council meetings, unless there is a aonflict with holidays or conferences, � MOTION by Councilwoman Jorgenson to adopt Resolution No. 97-1994. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21. 1994 PAGE 14 15. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 16. CLAIMS: MOTION by Councilwoman Schneider to authorize payment of Claim Nos. 58797 through 59031. 5econded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. LICENSES: MOTION by Councilwoman Jorgenson to approve the licenses as sub- mitted and as on file in the License Clerk°s Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. ESTTMATES: MOTION by Councilman Schneider to approve the estimates as submitted: Karlen Corporation 901 125th Avenue N.E. Blaine, MN 55434 Commons Park Shelter Project No. 267 Estimate No. 4 Amount Approved il/7/94: $31,789.00 REVISED AMOUiIT . . . . . , . . . , o Schmidt Curb Company 21504 Ahlstrom Avenue Rogers, MN 55374 Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 262 FINAL E3TIMATE . . . . . . . . . . W.B. Miller, Inc. 6701 Norris Lake Road N.We Elk River, MN 55330 $27,366.99 $ 5,073.36 Street Reconstruction - Stinson Boulevard Project No. ST. 1993-7 FINAL ESTIMATE . . . . . . . . . . . . . . . $13,249.06