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11/13/1989 - 00007088� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 13, 1989 The Regular Meeting of the Fridley City Council was called to order at 7:40 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 Schneider, Councilman Fitzpatrick and Councilman Billings MEMBERS ABSENT: None PROCLAMATION - CHAMPIONSHIP FOOTBALL DAY. NOVEMBER 17, 1989: Mr. Bill Hunt, Assistant to proclamation proclaiming November Day in the City of Fridley. the City Manager, read this 17, 1989 as Championship Football Mayor Nee stated the City has two of the finest football teams in � the State, Fridley and Totino-Grace High Schools, who will meet on November 17, 1989 to decide which team will play in the Minnesota High School Class A State Championship football game at the Metrodome. He encouraged good sportsmanship between the players attd fans with the hope that no player is injured during the game_ Mayor Nee encouraged all Fridley citizens to attend this game at Totino-Grace High School this Friday night at 7:30 p.m. Mayor Nee presented this proclamation to Mary Zawislak, Public Relations Director for Totino-Grace High School and Mike Leslie, Athletic Director for Fridley High School. Ms. Zawislak thanked Mayor Nee for this proclamation and stated Totino-Grace will play a good, clean game and represent Fridley well. Mr. Leslie stated he is very thankful and proud to receive this proclamation. He stated he had no predictions for the game, but knows who he would like to see in the dome. APPROVAL OF MINIITES: COUNCIL MEETING, OCTOBER 23, 1989: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' ., ng., FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 1989 PAGE 2 ' A�QPTION OF AGENDA: The following items were added to the agenda: Consideration of a Liquor License for George's Restaurant and Consideration of Appointment to the Human Resources Commission. MOTION by Councilman Schneider to adopt the agenda with the above additions. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: TRICHLOROETHYLENE IN CITY'5 DRINKING WATER: Mr. Jim Bauer, 7630 Bacon prive, stated he wished to address the Council regarding the trichloroethylene in the City's water. He stated his interest began three years ago when he, as well as other residents in the area, developed cancer. He stated he had his own independent study conducted in November, 1986 on the water and the study stated trichloroethylene levels found were outside the Safe Drinking Water Act. Mr. Bauer stated he then contacted John Flora and Mayor Nee in January, 1987 and advised them about his study and that there was � trichloroethylene in the water. He stated he has a letter dated February 14, 1988 to the Council from the State Health Department regarding Federal regulatory changes for organic chemicals, includinq trichloroethylene, and that these would go into effect January 9, 1989. Mr. Bauer stated an article in the Fridlev Focus on September 20, 1989 is not correct as it states the allowable level of trichloroethylene is 30 parts per billion. Mr. Bauer stated this was changed with the new Federal regulations. He stated trichloroethylene was found in the City's drinking water in 1985, as outlined in a letter from the Health Department, and in another letter dated August 23, 1989 from the State Health Department, the trichloroethylene levels in the wells varied from 2.9 to 11. Mr. Bauer stated his personal feeling is that trichloroethylene is not safe at any level. He submitted a petition with lol signatures requesting the City to take immediate action to eliminate the trichloroethylene in the drinking water. He stated that the Minnesota Environmental Rights Law, Chapter 116B.01 states that citizens have a right to be protected from environmental hazards. Mr. Flora, Public Works Director/City Engineer, stated that prior to 1989, the State Health Department limits for trichloroethylene were established at 30 parts per billion and all the levels of the City's water were substantially below that amount. He stated in 1 January, 1989 the limits were lowered to 5 parts per billion. He stated this is for the blended water and the parts per billion since then were about 3.6. Mr. Flora stated there was concern, f ` t� „ -D J FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 1989 PAGE 3 ' however, and that is the reason the Council has initiated a study of the City's drinking water. Councilman Schneider stated when trichloroethylene was first detected, the well was taken off-line except in peak demand periods. Mr. Bauer stated until recently, the trichloroethylene levels were to be measured at the well site. However, this is changing and the information he is receiving is that the levels are measured at the mixing site. Councilman Billings stated the article in the Fridlev Focus stated the Council had initiated a study to try and find the source of the trichloroethylene. He asked Mr. Bauer if he had any suggestions in the meantime on how to eliminate the trichloroethylene. Mr. Bauer stated deeper wells could be dug, an air stripping system or a carbon filtering system could be installed, and Fridley residents could install a filtering system in their homes. He stated trichloroethylene is more dangerous when heated and if a person is filtering their drinking water, they would also have to filter the water they use for showers and bathing. � Mr. Flora stated the goal o£ the study is to try to determine the extent and possible cause of the trichloroethylene and identify some recommended solutions. He stated, at this point, all that is known is that there is trichloroethylene in the ground water, but the blended water is within the limits of the Health Department guidelines. Councilwoman Jorgenson asked if it was possible to have deeper wells or if this would be prohibited by the Depar�ment of Natural Resources. Mr. Flora stated the Department of Natural Resources' position is that if there is a contaminant, it should be dealt with and an attempt made to solve the problem. He stated such a method may be through aerating or activated charcoal to filter the water. Mr. Flora stated the City is not currently using the shallow wells. He stated there were three shallow wells in the Commons Park aquifer that showed traces of trichloroethylene and the levels varied. MOTION by Councilman Schneider to receive Petition No. 16-1989 submitted by Mr. Bauer. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' Councilman Schneider asked if the shallow wells will definitely remain off-line, except in a dire emergency. FRIDLSY CITY COUNCIL MEETING OF NOVEMBER 13, 1989 PAGE 4 � Mr. F1ora stated they would not be in service, unless the City could not meet the demand for water. Councilman Schneider stated before those wells are back on-line, he would like to be informed. Mayor Nee stated the Council is concerned. He stated it is difficult to give Mr. Bauer an immediate response, but all the members of the Council share his concern and this was the reason for initiating the study. Mr. Bauer asked when the City would receive the results of the study. Mr. Flora felt the results of the study should be available in January. Ms. Kathy Gerard, 506 Rice Creek Terrace, asked if the wells would be closed. Mayor Nee stated they are not in service at this time. Ms. Gerard asked if the wells would again be placed on-line in the summer if there was a demand for water, even though the source of the trichloroethylene had not been determined. She also asked if a filtering system would be installed. Mayor Nee stated the purpose of the study is to find answers to � some of these questions which Ms. Gerard has raised. Councilman Billings stated between now and next spring he did not feel there would be time to construct a filterinq system, if one is needed. He felt it may be that some conservation measures will have to be taken, such as sprinkling bans, to reduce the demand. Mr. Rick Sturm, 7603 Meadowmoor, stated he is one of the residents in the area who contracted cancer. He stated he has been through radiation and chemotherapy and two of his neighbors died of cancer. Mr. Sturm stated he does not drink City water in his home because of the experience he has been through. He stated he appreciated anything the Council can do to alleviate this problem. PUBLIC HEARINGS• l. PUBLIC HEARING ON A REZONING, ZOA #89-04, TO REZONE LOT 4. BLOCK 6, CITY VIEW ADDITION FROM R-2, TWO FAMILY DWELLING TO C-2, GENERAL BUSINESS, THE SAME BEING 5701 UNIVERSITY AVENUE N.E. BY ASHLAND OIL COMPANY (RAPID OIL): MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the mation carried unanimously and the public hearing opened at � 8:15 p.m. FRIDLEY CITY COUNCIL MEETING OF NOVEMSER 13, 1989 PAGE 5 � Ms. Dacy, Planning Coordinator, stated this parcel is located north of 57th Avenue and east of University Avenue and is approximately 40 by 140 feet in size. She stated the property is currently vacant and is bounded on the west by the existing Rapid Oil facility and to the east by a vacant single family dwelling. She stated all three properties are owned by the petitioner, Ashland Oil. Ms. Dacy stated the request is to rezone this parcel from R-2 �o C-2. She stated prior to this rezoning application, Ashland Oil petitioned for a special use permit in August. She stated Ashland oil proposes to demolish the existing Rapid oil facility and construct a two bay facility similar to the one at Highway 65 and 73rd Avenue. Ms. Dacy stated at the time of the special use permit application, the petitioner also submitted a variance request for lot area and setback. She stated during the review process for these variances, staff recommended to the petitioner that they utilize the vacant lot and combine it into the site plan to eliminate the need for a variance. Ms. Dacy stated this rezoning would be compatible with the zoninq to the west and match the zoning patterns to the nor�h and south. Ms. Dacy stated the Council should be aware of two policy considerations regarding this site. She stated the site is now � under consideration by the Housing and Redevelopment Authority for a redevelopment project. She stated the site is also currently being tested for ground water contamination. She stated the HRA will review the results of the soil testing and determine if they want to proceed with the redevelopment at this location. Ms. Dacy stated the site is located along the proposed alignment for the Light Rail Transit system. She stated this site plan was submitted to the consultant for the Light Rail Transit system and the revised site plan accommodates their plans so there was no adverse comments from the consultant, BRW, Inc. Ms. Dacy stated the Planning Commission recommended approval of this rezoning with three stipulations: (1) compliance with the site plan submitted with the application; (2) compliance with all stipulations of the special use permit request, SP #89-12; and (3) approval of the special use permit request, SP #g9-12. She stated staff is suggesting that the first reading for the rezoning of the property, as well as the special use permit, not be scheduled for the Council's consideration until the soil tests are received and reviewed. Councilwoman Jorgenson asked when these results would be received. Mr. Robertson, Community Development Director, stated the consulting geologist indicated the report is now being prepared and � anticipated that it would be forwarded to Ashland Oil in the next several weeks. He stated Ashland oil will then review it and submit it to the Pollution Control Agency. He stated as a �ri , FRIDLEY CITY COUNCIL MEET2NG OF NOVEMBER 13, 1969 PAGE 6 � courtesy, they could, at that time, also submit a copy of the report to the City. Mr. Jack Lemley, representing Ashland Oil, stated he hoped the Council would act favorably on this rezoning request. He stated as far as the contaminants, they would clean up this site, if they receive permission to build. Councilwoman Jorgenson asked if they do not receive approval to build, if they would still clean up the site. Mr. Lemley stated he assumes it will be cleaned up, but as of this time, ha has not received any reports. He stated they have been trying to cooperate and would like to see the issue resolved. Mayor Nee stated that Mr. Lemley heard residents speak this evening regarding contaminated soils and the seriousness of the problem. Councilman Billings stated it is his understanding that the contaminants were from the previous owners of this site. Mr. Lemley stated this was also his understanding and the contamination was from the gas tanks that used to be located on this site. � Mayor Nee felt the contamination is an issue and relates to the rezoning and the special use permit. No other persons in the audience spoke regarding this proposed rezoning. MOTION by Councilman Billings to continue this public hearing until the results of the soil samples have been submitted. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. PUBLIC HEARING ON A REZONING, ZOA #89-05, TO REZONE OUTLOT l, NAGEL'S WOODLANDS FROM C-2, GENERAL BUSINESS, TO M-1, LIGHT INDUSTRIAL. THE SAME BEING 990 OSBORNE ROAD N.E.. BY RMS COMPANY: MOTION 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 8:28 p.m. Ms. Dacy, Planning Coordinator, stated this is a request to rezone a parcel of property located south and adjacent to Osborne Road � and west of Highway 65. She stated the property is currently zoned C-2 and the request is to change the zoning to M-1. She stated there is M-1 zoning to the west and south and C-2 zoning to the � ' 1 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 1989 PAGE 7 east. Ms. Dacy stated the property is owned by RMS Company and they intend to expand their existing facility at this location. Ms. Dacy stated the Planning Commission recommended approval of this rezoning with the following stipulations: (1) a grading and drainage plan shall be submitted for approval prior to the issuance of a building permit; (2) a landscape plan with underground irrigation shall be submitted for approval prior to the issuance of a building permit; and (3) the rezoning of outlot 1 of Nagel's Woodlands shall be contingent upon approval of the variance request, VAR #89-26. Mr. Paul Dahlberg, architect for RMS Company, stated east of this parcel to be rezoned is a brake shop and the VFW, both zoned C-2. He stated RMS is expanding their facility into a portion of the area currently zoned C-2, therefore, the rezoning is requested to M-1. No other persons in the audience spoke regarding this rezoning request. MOTION by Councilman Billings to close the public hearing. Seconded by Counailwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:33 p.m. OLD BUSINE55• ORDINANCE NO. 937 APPROVING THE COMBINATION OF THE ENVIRONMENTAL OUALITY COMMYSSION AND THE ENERGY COMMISSION: MOTION by Councilwoman Jorqenson t Ordinance No. 937 on the second Seconded by Councilman Schneider. aye, Mayor Nee declared the motion NEW BUSINESS: o waive the reading and approve reading and order publication. Upon a voice vote, all voting carried unanimously. 4. CONSIDERATION OF RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 25. 1989: MoTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission meeting o£ October 25, 1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. r* �. .;, FRIDLEY CITY COUNCIL MEETING OF NOVEMSER 13, 1969 PAGE 8 ' 5. CONSIDERATION OF RECEIVING ITEMS FROM THE APPEALS COMMISSION MEETING OF OCTOBER 10, 1989: A. CONSIDERATION OF A VARIANCE, VAR #89-26, TO INCREASE THE RE9UIRED LOT COVERAGE FROM 40% TO 41.5%: TO REDUCE THE HARDSURFACE SETBACK FROM A BUILDING FROM 5 FEET TO 3.5 FEET. TO ALLQW THE CQNSTRUCTION QF AN ADDITION AT 98Q AND 990 OSBORNE ROAD N.E.. BY RMS COMPANY: Ms. Dacy, Planning Coordinator, stated this is a request for two variances, to increase the lot coverage from 40 percent to 41.5 percent and, to reduce the hardsurface setback from a building from 5 feet to 3.5 feet. She stated the purpose of the variance for the setback is to enable the petitioner to provide angle parking, as well as the required 18 foot driveway aisle. Ms. Dacy stated since the Appeals Commission meeting, the petitioner has prepared a further detailed analysis regarding the dimensions of the parking space. She stated, in essence, because of the geometry of the angles and overhang, they can design the site so there will be a separation between the parking and building with only a minor variance. She stated what this means is that the variance can be reduced to 1 and 1/16 inch. ' Ms. Dacy stated the Appeals Commission recommended approval of the variance, as there were no other practical alternatives to construct the addition and provide ample parking. She stated as far as the variance on the lot coverage, this involves only a 1.5� variation. Ms. Dacy stated because of the history of lot coverage variances approved in the past, the Appeals Commission also recommended approval of this variance. Ms. Dacy stated there were no stipulations recommended for the variances. Mr. Dahlberg, architect for RMS Company, stated he understands that there is 62 feet, 8-1/2 inches of available space. He stated a 2D foot setback has to be provided along the north property line, as we11 as an 18 foot driveway aisle, and 19 feet, S-1/2 inches for the dimensions of a parking stall on a diagonal. He stated using these figures would result in a variance of 1 and 1/16 inch. He stated since the dimensions may not be exactly 62 feet, 8-1/2 inches, they may need a variance for more than 1 and 1/16 inch. Mr. Dahlberg stated they are still requesting the variance, however, technically, it will not be a problem. He felt they can retain the five foot setback without any difficulty. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and grant variance, VAR #89-26, to increase the required lot coverage from 40% to 41.5% and to reduce � the hardsurface setback from a building from 5 feet to 3.5 feet, , � �� FRIDLEY CITY COUNCIL MEETING �F NQVEMBER 13. 1984 PAGE 9 � to allow the construction of an addition. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. CONSIDERATION OF A VARIANCE, VAR #89-27. TO REDUCE THE REOUIRED REAR YARD SETBACK FROM 27 FEET TO 21 FEET TO ALLOW THE CONSTRUCTION OF A PORCH ON LAT 2D, BLOCK 1, RIVER EDGE ADDITION, THE SAME BEING 132 RIVER EDGE WAY N.E., BY KENNETH ANDERSON: Ms. Dacy, Planning Coordinator, stated this is a request for a variance to reduce the required rear yard setback from 27 feet to 21 feet to allow the construction of a three-season poroh. She stated this home is located in an R-3 zoning district with R-1 zoning to the west and north and R-3 zoning to the east. 5he stated the parcel abuts Stevenson Elementary School to the south. She stated the petitioner is also proposing to construct a new garage and demolish the existinq garage. Ms. Dacy stated the Appeals Commission recommended approval of this variance as the parcel has a unique shape and a severe cul-de-sac radius along the north of the lot. She stated the lot abuts school property to the south and the Commission felt there were no practical alternatives to construct the porch and new qarage in � order to conform with the requirements of the ordinance. She stated the petitioner has indicated, as far as the garage, it could not be located any closer to the street and the size of the porch would have to be reduced significantly in order to meet the setback requirements. MoTION by Councilman Fitzpatrick to concur with the unanimous recommendation of the Appeals Commission and grant variance, VAR #89-27 to reduce the required rear yard setback from 27 to 21 feet. 5econded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. CONSIDERATION OF ENTERING INTO AN AGREEMENT WITH WALTER RASMUSSEN FOR WILDLIFE USE OF CITY LAND: Mr. Flora, Public Works DirectorJCity Engineer, stated Mr. Rasmussen. has requested the Council to consider leasing City property to him along Springbrook Creek in order to improve the natural habitat £or wildli£e. He stated an agreement has been prepared by the City Attorney's Office and requested that the Council consider this agreement. Councilman Fitzpatrick stated it should be noted that Buffalo and Broad Streets are not through streets, as shown on the map. � MOTION by Councilman Fitzpatrick to authorize the Mayor to enter into this lease agreement with Walter Rasmussen. Seconded by �� �, FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 13, 1989 PAGE 10 � Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 7. CONSIDERATION OF RECEIVING AND APPROVING 199D ANOKA COUNTY COMMUNICATIONS WORKSHOP (ACCW1 AGREEMENT: Mr. Hunt, Assistant to the City Manager, stated the Anoka County Communications Workshop has submitted an agreement for the Council's consideration to provide for public access services. He stated this proposal is virtually identical to this year's in that they are requesting that one-half of the funds from the franchise fee, amounting to about $34,000, be allocated to the ACCW for their operating budget. Mr. Hunt stated the franchise fee is their major source of income. Mr. Hunt stated staff has no objection to this agreement and requests the Council consider this request. He stated this agreement would not bind the Council to any subsequent £unds for other years. MOTION by Councilman Schneider to authorize the Mayor and City Manager to enter into this agreement with the Anoka County Communications Workshop. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried � unanimously. Mr. Paul Kaspszak, Chairperson for the ACCW, thanked the Council for the funds and stated they will continue to work with the Council and other organizations in Fridley to provide community access. 8. CONSIDERATION OF AMENDING CHANGE ORDER NO. 1 FOR STREET IMPROVEMENT PROJECT N0. ST. 1989 - 1& 2: Mr. Flora, Public Works Director, stated at the June 19, 1989 Council meeting, the Council approved Change Order No. 1 to Street Improvement Project No. ST. 1989 - 1& 2 for an amount of $23,420. He stated in reviewing the records, the change order processed was for an amount of $23,595, an increase of $175 from what was approved by the Council. He stated it appears an error occurred in identifying the costs of relocating the hydrant for the Northco project as it showed $1,550 and the actual cost was $1,725. Mr. Flora requested that the Council consider amending Change Order No. 1 for this project by changing the dollar figure from $23,420 to $23,595. MOTION by Councilman Schneider to approve amended Change order No. � 1 for Street Improvement Project No. ST. 1989 - 1& 2 with Gammon Brothers, by changing the dollar amount from $23,42o to $23,595. FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 13, 1989 PAGE 11 � Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RESOLUTION NO. 91-1989 CERTIFYING "PROPOSED" TAX LEVY REQUIREMENTS FOR 1990 TO THE COVNTY OF ANOFCA FOR COLLECTION: Mr. Pribyl, Finance Director, stated this resolution certifies the proposed tax levies for 1990, as required by the Truth in Taxation and the Department of Revenue guidelines. He stated this resolution rescinds the resolu�ion passed on September 18, 1989 which certified a"proposed" levy based upon the 1988 tax law. Councilman Schneider asked how this tax levy would affect the averaqe Fridley resident. Mr. Pribyl stated the impact on the average home is not available, but will have the information at the public hearing on the budget. He stated the City is waiting for information as it relates to the fiscal disparities distribution. Mr. Pribyl stated with the shift in State aids, if increases are passed as savings to the school district, the bottom line to the taxpayer should be a very small increase. He stated the local government aids the City was to receive were given to the school districts, however, this should reduce their levies. He stated the final outcome will not be known � until everyone certifies their amounts to the County. MOTION by Councilman Schneider to adopt Resolution No. 91-1989. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RESOLUTION NO. 92-1989 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND, GRANT MANAGEMENT FUND, HRA REIMBURSEMENT FUND, CABLE T.V. FUND, CAPITAL IMPROVEMENT FUND, CIVIC CENTER REMODELING FUND AND THE FIRE BUILDINGS FUND FOR THE YEAR 1988: Mr. Pribyl, Finance Director, stated this resolution amends the appropriations in the 1988 budqet, in accordance with the City Charter requirements. He stated the adjustments have arisen as a result of State mandates such as comparable worth, unforseen expenditures, and miscellaneous costs associated with remodeling. Mr. Pribyl stated with the implementation of the new budgeting procedures and upcoming new acaounting system, this list should diminish considerably for adjustments in 1990. MOTION by Councilman Billings to adopt Resolution No. 92-1989. 5econded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' �� 4�� FRIDLEY CITY COUNCIL MEETING OF NOVEMSER 13, 1989 PAGE 12 � 11. CONSIDERATION OF RECEIVING STATEMENT OF CANVASS FOR THE NOVEMBER 7, 1989 GENERAL ELECTION: MOTION by Councilman Fitzpatrick to receive the Statement of Canvass for the November 7, 1989 General Election. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. CONSIDERATION OF CHANGE ORDER NO. 2 ON WEST SATELLITE FIRE STATION FOR 52.365.00 FOR FILL REMOVAL: Mr. Flora, Public Works Director/City Engineer, stated when plans and specifications were drafted for the West Satellite Fire Station, the dirt removal was omitted as landscaping plans were not completed. He stated the landscaping has now been completed and it was necessary for some dirt to be removed. Mr. Flora requested the Council consider this change order for removal of this excess dirt £rom the site of the West Satellite Fire Station. MoTION by Councilman Fitzpatrick to authorize Change order No. 2 for the West Satellite Fire Station with Dailey Construction Company, Inc. in the amount of $2,365.0o for excess dirt removal. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 13. CONSIDERATION OF RECEIVING BIDS AND AWARDING CONTRACT FOR INDOOR FIRING RANGE VENTILATION SYSTEM PROJECT: AND 14. CONSIDERATION OF RECEIVING BIDS AND AWARDING CONTRACT FOR INDOOR FIRING RANGE EOUIPMENT: Mr. Sallman, Assistant Public Safety Director, stated bids were received for the indoor firing range ventilation system and the firing range equipment. Ae stated seven bids were received for the ventilation system and the low bidder was Modern Heating and Air Conditioning, Minneapolis, for a total bid of $40,950. Mr. Sallman stated only one bid was received for the indoor firing range equipment from Caswell International, Minneapolis, in the amount of $54,345. Ae stated Detroit Armor of Illinois received plans, but did not submit a bid. Mr. Sallman stated the Fridley Police Department currently uses the Anoka County Firing Range. He stated it is difficult to schedule the use of this facility and it is currently not operating due to a hazardous waste concern. He stated the purpose of firearms training is to assure competency on the part of the police officers. Mr. Sallman stated many police departments are requiring their officers to qualify 8 to 12 times per year. He stated, � currently, if an officer is not available for a scheduled training shoot, it is not rescheduled. � � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 1989 PAGE 13 Mr. Sallman stated staff is recommending that the Council consider awarding the contract for the ventilation system to Modern Heating and Air Conditioninq and the contract for the firing range equipment to Caswell International. Councilwoman Jorgenson asked if this firing range would be used strictly for Fridley police officers, as there will be a shortage of firing ranges in the event that Anoka County does not re-open its range. Mr. Sallman stated the firing range is planned for use just by Fridley officers, however, if Anoka County does not re-open, there will be competition for available space. Councilman Schneider stated the bids received are about 30 percent over the estimate and only one bid was received for the firing range equipment. Mr. Sallman stated there are only two range equipment companies he is aware of, one is Detroit Armor and the other is Caswell international. He stated he does not know why Detroit Armor did not submit a bid. He stated Caswell International's bid was within the estimate and the overrun was in the ventilation system. MOTION by Councilman Fitzpatrick to receive the following bids for the Indoor Firing Range Ventilation System Project: Modern Heating & Air Conditioning 2318 First Street N.E. Minneapolis, MN 55418 Pavan Mechanical 554 Broadway St. Paul, MN 55101 Yale, Inc. 9649 Girard Avenue S. Minneapolis, MN 55431 Rumar Mechanical 877 S.W. 3rd Street New Brighton, MN 55112 0'Brien Sheet Metal 144 Glenwood Avenue Minneapolis, MN 55405 Master Mechanical 9864 James Circle Bloomington, MN 55431 $40,950.D0 $45,450.00 $43,920.00 �: ::: �� $47,880.00 $42,776.00 � FRIDLEY CITY COUNCIL MEETING OF NOVEMHER 13, 1989 PAGE 14 � Newmech Companies, Inc. 1633 Eustis Street St. Paul, MN 55108 $49,197.00 Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings asked what funds would be used for the overrun. Mr. Burns, City Manager, stated he assumes this amount would be taken from the Capital Improvement Fund. Councilman Schneider asked if there is $28,000 in reserve that could be used for this purpose. Mr. Pribyl, Finanoe Director, stated there are sufficient funds in the Capital Improvement Fund to cover this overrun. Mr. Burns asked Mr. Pribyl if a supplemental appropriation would be needed or if the funds oan be provided in the existing budget. Mr. Pribyl stated as long as instructions are given that the additional costs should be taken from the Capital Improvements budget, it could be handled in this manner. � Councilman Billings questioned the operating costs for this firing range, including targets and ammunition. Mr. Dan Molten stated when they designed the ventilation system, a cost estimate was done on maintaining the firing range. iie stated the estimate was approximately $8,00o per year for heat, as there is no air conditioning. He stated this figure was based on the facility beinq used 12 hours a day, 5 days a week. xe stated it is now anticipated the facility would be used 5 days a week, 8 hours a day, which would cut the cost by about one-third. He stated when the firing range is not operating, the temperature would only be about 45 degrees. He stated a realistic cost for heat is probably about $5,000 to $6,000 per year. Councilman Billings asked if they anticipate that the firing range would be used 40 hours a week. Mr. Sallman stated it probably would be used two days per week. Councilman Billings asked if any other additional equipment would be needed. Mr. Sallman stated there is the possibility of additional enhancements in the future. He stated if there are any other things to be done, in-house labor would probably be used. � Mr. Burns stated as he recalls, ammunition costs were anticipated in the 1990 budget. -�. a FRIDLEY CITY COUNCIL MEETING OF NOVEMHER 13. 1989 PAGE 15 ' Councilman Billings stated he wanted to make sure this is not the "bare bones" minimum and in the next year or so there may be a $3,000-$5,000 expense item. He asked Mr. Sallman, to the best of his knowledge, if he felt this is all that was needed. Mr. Sallman answered in the affirmative. MOTION by Councilwoman Jorqenson to award the contract for the ventilation system for the indoor firing range to the low bidder, Modern Heatir,g and Air Conditioning in the amount of $40,95D. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � MOTION by Councilman Fitzpatrick to receive the followinq bid for the indoor firing range equipment: Caswell International Corp. 1221 Marshall St. N.E. Minneapolis, MN 55413-1035 $54,345.00 Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatriak to award the contract for the indoor Piring range equipment to Caswell International Corporation in the amount of $54,345. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. CLAIMS: MOTION by Councilman Billings to authorize payment of Claims No. 29100 through 29383. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. LICENSES• MOTION by Councilman Billings to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LIOUOR LICENSE - GEORGE'S RESTAURANT: Mr. Hill, Public Safety Director, stated six months ago, the Council approved a conditional six month liquor license for George's Restaurant. He stated the conditional license was approved due to the concern expressed by the Police Department relative to the large number of police calls to this establishment. He stated George's Restaurant is now requesting an additional six � month license. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13. 1989 PAGE 16 � Mr. Hill stated his department has reviewed the police activity over the last six months and is pleased to see there have been some significant improvements in the operation of this establishment. He stated thera are still some serious concerns because there have been about 56 incidents in the last six months. He stated there were il assaults on individuals which were of a felonious nature. He stated other activities involved drug arrests, theft and damage to property, and 28 miscellaneous crimes. Mr. Hill stated staff is recommending the Council consider an additional six month extension on this liquor license, based on the fact that they have obviously attemgted to correct the problems. He stated, on the other hand, the problem is not corrected to a degree he feels is acceptable. He stated along with granting the license, George's should be placed on notice, unless there is continuing improvement over the next six months, it would be his recommendation not to consider renewing the license in the future. He stated in the next six months, if serious incidents should result which appear to be a lack of control of individuals patronizing this establishment, he would recommend the Council consider revocation of the license. Mr. Hill stated he met today with representatives of George's. He felt it was a successful meeting, involving George, Tony, Jim, and � Tony's wife, as well as the security and the insurance advisor. He stated the difficulties which have been occurring were reviewed. He stated he is very optimistic that George's will come up with a plan of action. He stated he asked them to provide the City with a letter outlining the discussion at the meeting. He stated, hopefully, if this plan is initiated, they should be successful in getting the activities back to a normal level for that type of operation. He stated their plan included increased security, lighting, perhaps changing the nature of the operation to a fine dining facility. Mr. Hill stated he would recommend, as George's is attempting to correct the problems, that an additional six month license be granted, with the understanding it will be under close scrutiny. MOTION by Councilman Fitzpatrick to issue a six month liquor license to George's Restaurant, based on the recommendation of the Public Safety Director, with the warning that if the record does not improve, it would be the Council's intent not to renew this license in six months. Further, if there are serious violations in this six month period, the Council is prepared to revoke the license. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � �, � � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 1989 PAGE 17 17. ESTIMATES• MOTI�N by Councilwoman Jorgenson to approve the estimates as submitted: J.T. Noonan Co., Inc. 3601 48th Avenue North Brooklyn Center, MN 55429 Corridor Maintenance Project No. 190 FINAL ESTIMATE . . . . . . . . . . . . . . . $ 6,815.70 Herrick & Newman 6401 University Avenue N.E. Suite 205 Fridley, MN 55432 Services rendered £or October, 1989. AEC Engineers & Designers 511 Eleventh Avenue South Minneapolis, MN 55415 3 MG Concrete Reservoir Repair Project No. 192 (Phase I) Partial Estimate . . . . . . . . . . . 1.5 MG Concrete Reservoir Repair Project No. 193 (53rd Ave. & Sohnson) Partial Estimate . . . . . . . . . . . . Gammon Bros., Inc. 12845 Northdale Blvd. Rogers, MN 55374 Street Improvement Project No. ST. 1989 - 1& 2 Estimate No. 7 . . . . . . Daily Construction Company, Inc. 11000 Highway 65, Suite 106 Blaine, MN 55434 $ 3,537.30 $ 1,766.00 $ 5,267.46 $119,401.09 Construction of West Satellite Fire Station Estimate No. 3 . . . . . . . . . . . . . . . $ 47,797.01 Bruce A. Liesch Associates, Inc. 3020 Harbor Lane Minneapolis, MN 55447 � Water Quality Study Project No. 195 (Hydrogeologic Analyses) . $ 3,971.95 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 1989 PAGE 18 � Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. CONSIBERATION OF APPOINTMENT TO THE HUMAN RESOURCES COMMISSION: Councilman Fitzpatrick stated the Council has received a resume from Marija Netz, 7776 Alden Way, who has expressed an interest in serving on the Human Resources Commission. MOTION by Councilman Fitzpatrick to nominate Marija Netz for appointment to the Human Resources Commission to fill the seat vacated by Mr. Campbell. Seconded by Councilwoman Jorgenson. There being no further nominations, the following action was taken: MOTION by Councilman Fitzpatrick to cast a unanimous ballot for the appointment of Marija Netz, 7776 Alden Way, to the Human Resource5 Commission; the term to expire April l, 1992. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• � MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of November 13, 1989 adjourned at 9:31 p.m. Respectfully submitted, �,�z�� X�,�-��.r�. �i�/��„LL�svw� ���� Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: �