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04/23/1990 - 00006479� 1 ' THE MINUTES OF THE REGIILAR MEETING OF THE FRIDLEY CITY COUNCIL OF APRIL 23, 1990 The Regular Meeting of the Fridley City Council was called to order at 7:33 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 PRESENTATION OF PROCLAMATION: FOREIGN EXCHANGE STUDENT WEEK - APRIL 23-29, 1990: Mayor Nee read and issued a proclamation proclaiming April 23-29, 1990 as Foreign Exchange Student Week in honor of Daniel Dutta, West Germany; Tine Kauland, Denmark; and Sandra Skeiner, Switzerland. These students were made honorary citizens of the City of Fridley while participating in this program. Mr. Dutta, Ms. Kauland, and Ms. Skeiner presented the City with flags of their countries. Mr. Dutta attends Fridley High School and Ms. Kauland and Ms. Skeiner attend Totino-Grace High School. Mr. Rudy Nessman, representing the Fridley VFW Post 363, presented American flags to these students. Mayor Nee and members of the Council extended their thanks and appreciation to the students for the flags. APPROVAL OF MINUTES: COUNCIL MEETING. APRIL 9, 1990: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. BOARD OF REVIEW MEETING. APRIL 16, 1990: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: � Mayor Nee requested Item 7B be deleted from the agenda. MOTION by Councilman Schneider to adopt the agenda with the deletion of Item 7B. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: BOY SCOUT TROOP 167: Councilman Billings acknowledged the leaders and scouts from Boy Scout Troop 167. He stated this troop is from St. William's and is working on their citizenship merit badges. The Council extended a welcome to the scouts for attending the meeting. Mayor Nee stated he understands there are residents at the meeting this evening who wish to address the issue of the City's lease agreement with Walter Rasmussen and residents who wish to speak regarding the problems at Locke Lake. He stated the Council would not normally take any action this evening, but would like to hear from the residents regarding their concerns. � LEASE AGREEMENT - WALTER RASMUSSEN, 541 79TH WAY: Mr. Garland Lagesse, 7951 Broad Avenue, stated, as a result of a neighborhood meeting, a statement has been prepared for the Council's consideration. He read a letter dated April 22, 1990 addressed to the Council in which the neighborhood expressed their objection to the City entering into a lease agreement with Mr. Rasmussen. Mr. Lagesse stated Mr. Rasmussen was given permission to install a fence around the perimeter of City land, enclosing the creek, and creating a barrier to the trail leading to the creek. He stated the lease indicates approval by the City to privatize public land by giving permission to erect a fence on City property thereby enabling Mr. Rasmussen private extension of his land by four lots. He stated the change in status of this City land was done without notification of either property owners adjacent to the land or local residents who have commonly used and shared the land and creek £or well over thirty years. A petition was also received objecting to the erection o£ this fence by Mr. Rasmussen. MOTION by Councilwoman Jorgenson to receive the letter dated April 22, 1990 in objection to the lease agreement with Mr. Rasmussen. � FRIDLEY CITY COUNCIL MEETING OF APRIL 23. 1990 PAGE 3 � Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive Petition No. 3-1990 in objection to the erection of the fence. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Darlene Brady, 641 Buffalo Street, stated she had enjoyed the view out her window, but now did not appreciate looking through a chain link fence. She stated the fence is not in compliance with the City code and is in the street right-of-way on 79th Way and it appears to be in the right-of-way on Broad Avenue and Buffalo Street. Mr. Rasmussen, 541 - 79th Way, stated he wished he had been given the opportunity to meet with the neighboring residents last week, but he was not invited to the meating. xe stated he has had neighbors, Council members, engineers, and reporters coming to his door as late as midnight over the last several weeks. Mr. Rasmussen stated a lot of the negative impact of the creek has been on his property. He stated if you look at the record, he was in favor of cleaning the creek through a project for the scouts, � church youth group, or others. He stated he did not mean to cause the neighborhood any problems and his only intent was to preserve the natural habitat. Mr. Rasmussen stated the creek is a natural wildlife creek, but this is not the case now as such things as bricks, tires, and glass are thrown into the creek which really is not very natural. He stated the fence was not intended to be a permanent structure, but to allow hedges to develop to solve the erosion problem. He stated he is encouraged by the fact that the neighborhood wants to get together and try to solve the problem. He stated that is all he really wants to do, and that he did not want the creek for his personal enjoyment. Mr. Rasmussen stated he came to the Council a year ago and offered to spend his own money to try and improve the area. He stated his only intent is to preserve the area and try to upgrade it. He stated Fridley should be proud of its resources and park system, but £or the residents to allow the vandalism does not speak well for anyone. He stated he would do anything he could to help correct the problems in the area. He stated his desire is to solve the problem in an amicable way. Councilwoman Jorgenson stated she has met with Mr. Rasmussen and walked through the neighborhood, and he has offered keys to the � neighbors. She understands that several of the neighbors have accepted keys. She stated she does not perceive that Mr. Rasmussen is trying to keep the creek for his own personal use. FRIDLEY CITY COUNCIL MEETING OF APRIL 23. 1990 PAGE 4 ' Mr. Lagesse stated the reason they bought their home in this area was because of the naturalness. He did not feel a chain link fence was natural. Ms. Brady stated the area is spoiled now by the chain link fence. Councilwoman Jorgenson stated the fence is a way to protect the natural environment. She stated the code enforcement problems in the neighborhood have greatly improved from what she observed last Wednesday from what it was in October. Mr. Lagesse stated there are thirteen residents who have indicated a willingness to clean up this area, but they do not want the fence as it detracts from the natural environment. He stated he probably was not as aware as Mr. Rasmussen of the erosion problem. Mayor Nee stated there are good offers on both sides and some ground for working together. Mr. Mike Lafave, 640 Dover Street, stated he would like to see the City code enforced on Ely Street. Ms. Mary Nelson, 600 Buf£alo Street, stated anyone is welcome in the neighborhood group they have formed. She stated the primary � purpose is to have the fence removed. Mayor Nee stated the Council is aware of the residents' concerns and will get back to them with a response. Councilman Billings stated he would like to know where Mr. Rasmussen's property ends and the Broad Avenue right-of-way begins and where the 79th Way right-of-way is located. He stated he did not know i£ it would be necessary to discuss this £urther at any Council meeting, but perhaps at a neighborhood meeting. Councilman Billings stated when Mr. Rasmussen wanted to clean up the area, he was encouraged that someone wanted to take the time and ef£ort to do something to improve the area. He stated now that this situation has created a focal point in the neighborhood, he is more positive that something good will evolve for the future. He stated he did not know if there were any short term answers this evening, without doing some further study and research. Mayor Nee stated he would like a neighborhood meeting on this issue, but a little time was needed for further study. Ms. Nelson requested that the "no trespassing" signs be removed and that the gate remain unlocked. � Councilwoman Jorgenson stated Mr. Rasmussen told her last Wednesday he would remove the signs. FRIDLEY CITY COIINCIL MEETING OF APRIL 23. 1990 PAGE 5 � Ms. Nelson stated the signs are still there. She stated there are some people in the neighborhood who feel bad because they were not offered a key. She stated right now Mr. Rasmussen is the only person who determines who does or does not get a key. Ms. Nelson stated she questioned the legality of the fence on the right-of-way and wondered who was liable. Mayor Nee stated the Council would obtain that information from the City Attorney. Mr. Lagesse stated the lease may be terminated and referred to Section 8 (g). Councilman Billings stated the matter will be reviewed, but nothing can be solved this evening. Mayor Nee stated the residents would be notified of any meeting regarding this issue. Councilwoman Jorgenson stated Mr. Moravetz of the City staff can meet this evening with anyone interested in information on the survey for Riverview Heights park. � LOCKE LAKE PROBLEMS: Ms. Mary Vasecka, 6909 Hickory Drive, explained how the Locke Lake Dam came into being back in 1955, resulting in the creation of the lake with an average depth of ten feet. She stated above average homes were built around the lake, however, over the years, various problems have plagued the lake such as debris, silt, and snow- mobiles. She stated these problems still exist and a speedy resolution is requested. Ms. Vasecka stated in a memo from John Flora dated April 16, 1990 that he stated that there was erosion of the dam and the water level of Locke Lake would be lowered in order to reduce the deterioration and failure of the dam. She stated the memo further stated that it may be appropriate for residents to plan and/or complete any shoreline improvements or cleaning during this period. Ms. Vasecka stated in 1971, Don Schultz predicted if nothing was done until the Rice Creek Watershed District (RCWD) acted, the lake may not be saved and end up as a smelly mud hole. She stated this is what is happening now. She stated the residents' questions are who is responsible for damage to the dam and, if recent road construction contributed to this problem, if the City is planning any litigation. ' Ms. Vasecka stated the RCWD's original proposal for work to be done still has not been approved. She stated they were advised that the dam would be repaired in December. She questioned if this does not FRIDLEY CITY COUNCIL MEETING OF APRIL 23. 1990 PAGE 6 'occur until December, what kind of reassessing of the values of _ their homes is planned. She stated they have security problems and residents may be forced to erect fences. Mr. Flora, Public Works Director, stated the City is specifically responsible for the dam itself, but the RCWD is responsible for the entire system. He stated the 509 Plan was prepared and is expected to be approved shortly. He stated once this plan is approved, the RCWD will update it, which should include the proposal to remove the sediment and replace the dam. He stated he has asked the RCWD to expedite this process and schedule these improvements this year. Mr. Flora felt it would be beneficial if the residents attended a RCWD meeting to let them know their concerns. He stated he knows funding is a problem and the RCWD is looking at all areas to finance this project. He stated the RCWD meets on the second and fourth Wednesday and third Thursday of every month and the two representatives from Anoka County are Mr. Cardinal and Mr. Savage. Councilman Fitzpatrick stated the 509 Plan has not been officially adopted and is one of the reasons nothing is happening on this issue. Ms. Vasecka stated back in 1955, the City made the commitment that � they were responsible for maintenance of the dam. She stated she pays a lot of taxes for the pleasure of living on that lake. Mayor Nee asked if the problem was the water level. Ms. Vasecka stated it is one of the problems. She wanted to know if some City trucks can assist with hauling debris. Ms. Sharon Bakke, 59 Rice Creek Way, stated she has been President of the Locke Lake Association for over thirteen years and this is not something that is just now happening. She stated she is referring to the study concerning investigation of the sediment deposits in Locke Lake completed by Hickok and Associates. Ms. Bakke stated in this study, there is a statement in regard to the dam and who is responsible in regard to fixing it and what could happen to it. Ms. Bakke stated, at one time, the RCWD, City, County, and DNR were working together and now nothing is being done. Ms. Ann Bolkcom, 6821 Hickory Drive, stated she talked to Councilman Fitzpatrick about a cleanup of the lake and decided to get the Locke Lake Association active. She stated the dam has been there for 35 years, and she cannot understand that the City has not budgeted for repairs. � Councilman Schneider asked if the residents were willing to pay for the repairs. � FRIDLEY CITY COUNCIL MEETING OF APRIL 23, 1990 PAGE 7 Ms. Bolkcom stated she felt everyone should pay for it. She questioned if anyone has been looking at the dam over the last 35 years. She stated she wanted something done about the dam and is willing to take a part in "pushing" the RCWD. Ms. Helen Koshuba, 6959 Hickory Circle, stated this is her fourth summer on Locke Lake and half of that time the lake has been dry. She stated she moved into the neighborhood because they wanted to be on a lake. She stated she has spoken to Mr. Cardinal and understands that the lake was to be dredged. She wanted to know how much money has been set aside for the cleanup. Ms. Koshuba stated Mr. Cardinal told her an assessment was done and the funds would be used for cleanup of Locke Lake. Councilman Schneider stated the RCWD has taxing authority. Ms. Bolkcom questioned what portion of her taxes are being provided to the RCWD and what they have done with these funds. Councilman Billings stated the City does not have that information, however, the County Treasurer's Office could tell what portion the RCWD receives of your property taxes. Mr. Schultz, 11 Rice Creek Way, stated his father started this � fight in 1971. He stated you cannot walk in the lake as there are shopping carts, glass and other debris, and he finally realizes what his father went through in trying to get the City to do something. He stated the dam that was built is inadequate for the lake. 1 Councilman Schneider asked Mr. Schultz if he was willing to pay for repairs to the dam. Mr. Schultz stated he was not because the City built it wrong in the first place. Councilman Schneider stated he takes exception to this statement as he did not build the dam and neither did the City. He stated we are all in this together and have to work constructively to solve the problem. Councilman Billings stated the City can remove the dam, as all it would take is a simple resolution, and the whole thing becomes the RCWD's problem. He stated in terms of cleaning up the lake, the Council does not have control over the RCWD. He stated the District is created by the Legislature and representatives are appointed by the County. He stated the RCWD are the ones who can qive permission to clean up Rice Creek. He stated the Council is as frustrated as the residents. Councilman Billings stated at a meeting three years ago, there was discussion in regard to erosion control on the creek and received FRIDLEY CITY COUNCIL MEETING OF APRIL 23, 1990 PAGE 8 � promises from the RCWD and the DNR, but nothing has been done. He stated until the urgency of the situation developed in the last month, there has not been any leverage. He stated there is now some urgency which, hopefully, will get their attention and something will be done. Councilman Billings stated Councilman Fitzpatrick keeps asking every several months about what the RCWD is doing in regard to Locke Lake. He stated Hickok and Associates represents the RCWD and it is no surprise that they would submit a report that says the City is responsible. He stated the City and residents have to work together and not become adversaries. Mr. Schultz stated he would just like to see it get done as it has been nineteen years in the waiting. Ms. Lackner, 6825 Hickory Street, stated she would like to work together and thanked the Council for their time. She stated when she purchased her home six years ago, she was told the lake would be dredged. She stated she is concerned about false hopes and fighting a losing battle due to the past history. Mayor Nee stated it is in the RCWD's plan and felt this incident should be used in an attempt to expedite the RCWD's action. ' Councilman Schneider stated it is important to note that John Flora and Councilman Fitzpatrick have done a lot of work to get Locke Lake in the RCWD's plan. Councilwoman Jorgenson stated the RCWD is meeting this Wednesday night at 7:30 p.m. at the Shoreview City Hall and she would be more than happy to attend with the residents. Mr. Fred Halvorson, 85 Rice Creek Way, stated he has lived on Locke Lake since 1963 and hoped the Council would not consider rescinding the resolution. He questioned the problems with the dam. Mr. Flora explained some of the problems include the loss of concrete footings, unsupportive and eroded wing walls, and continued percolation under and around the dam. He stated the entire footing could be lost and the dam could collapse. Mr. Halvorson asked if any temporary measures could be taken that would not be too costly. Mr. Flora stated possibly steel pilings could be placed across the entire front of the west end of the dam. Ms. Vasecka asked if these were new problems. She stated some ' residents feel it is because the shoreline was altered or because of the construction which took place on East River Road. FRIDLEY CITY CQUNCIL MEETING OF APRIL 23. 1990 PAGE 9 � Mr. Flora stated he did not believe the road improvement had anything to do with the dam. He stated he contributes the problem to the percolation of water from the east to the west side. Mr. Halvorson asked if the City has to wait for the RCWD to take action. Mr. Flora stated the City could qo and spend money and temporarily fix the dam or replace it. He stated if it is replaced, the dam should be built correctly to allow sedimentation to be removed, but that should be tied in with removal of the sedimentation which is to be done by the RCWD. Ms. Zakia Sajady, 6745 East River Road, stated there is erosion in her back yard and it has sunk. She stated her back yard retaining wall should be considered as part of the dam structure and should be reinforced. Ms. Sajady stated her patio is also sinking and felt the erosion o£ the spillway undermined the patio. She stated the level of water in her yard is two or three inches higher than normal and her property is completely under water. Mr. Harry Bolkcom, 6821 Hickory Street, stated he has lived on Locke Lake since 1966 and the lake used to be ten to twenty feet deep and would like to see it dredged to this depth. He stated the � City�s help is needed to get the lake back to its original depth, and he would do whatever is necessary. He stated part of the frustration is the drought and they now face another year of looking at mud and nothing is happening. Mr. Lee Jones, 54 Locke lake Road, asked if this item is on the agenda for the RCWD. Mr. Flora stated he would request it be placed on their agenda. Mr. Herrick, City Attorney, stated it seems to him that it might be more effective to attempt to get this item on the RCWD's agenda on a formal basis and that probably would mean it could not be done by their meeting this Wednesday. He felt the City should request this be on the agenda as soon as their schedule permits. Mr. Flora stated he would contact the RCWD as to a date when this item would come before them. Ms. Bolkcom stated Mr. Savage suggested they retain a lawyer and come as a large group. Mr. Herrick stated if the Council would authorize it, he could probably speak for the City and citizens. ' Mr. Herrick stated he felt even if the dam is constructed and the lake dredged, there will be a continual problem when there is a lack of rainfall. � , � FRIDLEY CITY COIINCIL MEETING OF APRIL 23, 1990 PAGE 10 Mr. Bolkcom stated even if it was ten feet deep, it would be better than what they have now. Mayor Nee stated the Council would contact the residents and keep them posted on this issue. RECESS• Mayor Nee called a recess at 9:22 p.m. RECONVENED: Mayor Nee reconvened the meeting at 9:32 p.m. were present. OLD BUSINESS• All Council members 1. ORDINANCE NO. 947 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 206, ENTITLED "BUILDING CODE" BY AMENDING SECTION 206.03.02J: MOTION by Councilman Schneider to waive the reading and adopt Ordinance No. 947 on the second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. APPROVAL OF CONTRACT WITH HOWARD. NEEDLES. TAMMEN & BERGENDOFF (HNTB) FOR THE DESIGN AND IMPROVEMENTS TO WELL N0. 12 AND 63RD AVENUE BOOSTER STATION PROJECT NO. 204: Mr. Flora, Public Works Director, stated this letter contract is for the engineering services for design and inspection of the improvements to the 63rd Avenue Booster Station and the modifi- cations of Well No. 12. He stated this project is associated with the City's water storage requirements and provides for increased pumping capacity between the low and intermediate water zones. Mr. Flora stated the amount for the design is $17,628.00 and the construction inspection amounts to $9,850.80 for a total contract amount not to exceed $27,478.80. MOTION by Councilman Fitzpatrick to authorize the City to enter into this contract with Howard, Needles, Tammen & Bergendoff (HNTB) £or the design and improvemants to Well No. 12 and the 63rd Avenue Booster Station for an amount not to exceed $27,478.80. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. CONSIDERATION OF APPOINTMENTS TO CITY COMMISSIONS: Councilman Fitzpatrick stated a gentleman from his neighborhood has expressed an interest in serving on the Appeals Cammission. He 1 FRIDLEY CITY COUNCIL MEETING OF APRIL 23. 1990 PAGE 11 stated he does not have a resume submitted, but wants to become more involved in City activities. MOTION by Councilman Fitzpatrick to nominate Clifford Johnson, Jr., 5156 Hughes Avenue, for appointment to the Appeals Commission. There being no further nominations, Mayor Nee declared the nominations closed. MOTION by Councilman Schneider to cast a unanimous ballot for the appointment of Clifford Johnson, Jr., 5156 Hughes Avenue, to the Appeals Commission for the term expiring April 1, 1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to table the balance of the appointments. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 4. FIRST READING OF AN ORDINANCE TO AMEND THE CZTY CODE OF THE CITY OF FRIDLEY. MINNESOTA BY MAKING A CHANGE IN ZONING � DISTRICTS: Ms. Dacy, Planning Coordinator, stated this rezoning is for property in the southeast corner of Mississippi Street and East River Road. She stated the proposal is to rezone from R-1 to C-1 in order to remove the existing Spur Station and reconstruct a new building. She stated the house and garage on the parcel would be removed to allow the new construction. Ms. Dacy stated the Planning Commission has recommended approval of the rezoning subject to two stipulations: (1) approval of the special use permit and variance requests; and (2) the parcels shall be combined into one tax parcel. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading, with the following stipulations: (1) subject to approval of the special use permit and variance requests; and (2) the parcels shall be combined into one tax parcel. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � FRIDLEY CITY COUNCIL MEETING OF APRIL 23, 199Q PAGE 12 � 5. VARIANCE REOUEST, VAR #90-02. TO REDUCE THE REOUIRED SIDE YARD SETBACK ON THE S�REET SIDE OF A CORNER LOT FROM 35 FEET TO 30 FEET; TO REDUCE THE REOUIRED PARKING AND HARD SURFACE SETBACK FROM THE STREET RIGHT-OF-WAY FROM 20 FEET TO 9 FEET AND 10 FEET GENERALLY LOCATED AT 6443 AND 6485 EAST RIVER ROAD N.E., (SPUR STATIONI, BY MURPHY OIL COMPANY: Ms. Dacy, Planning Coordinator, stated the petitioner has met the criteria for a hardship and the Appeals Commission has recommended approval of these variance requests. MOTION by Councilman Fitzpatrick to grant the variances requested under VAR #90-02. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. SPECIAL USE PERMIT, SP #90-01, TO ALLOW A MOTOR VEHICLE FVEL AND OIL DISPENSING SERVICE AS AN ACCESSORY USE TO A CONVENIENCE STORE. GENERALLY LOCATED AT 6443 AND 6485 EAST RIVER ROAD N.E.. (SPUR STATIONI, BY MURPHY OIL COMPANY: MOTION by Councilman Fitzpatrick to grant Special Use Permit, SP #90-01 with the following stipulations: (1) Reconstruct the existing sidewalk to a minimum width of five feet from the south property lines around the site to the northeast corner, (2) ' Drainage calculations shall be submitted to the Engineering Department prior to issuance of a building permit, (3) The driveway issue shall be resolved with Anoka County prior to issuance of a building permit, and (4) Approval of the various request. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 11, 1990• A. SPECIAL USE PERMZT. SP #90-04, TO ALLOW GARDEN CENTERS OR NURSERIES WHICH REOUIRE OUTSIDE DISPLAY OR STORAGE OF MERCHANDISE ON IAT 1, BLOCK 1. HOLIDAY NORTH 1ST ADDITION, GENERALLY LOCATED AT 250 57TH AVENUE N.E. {HOLIDAY PLUS STOREI, BY IIOLIDAY COMPANIES: Ms. Dacy, Planning Coordinator, stated this is a request by Holiday Plus to relocate the garden storage area from the northeast corner to the southeast corner of their building. She stated access would only be from the inside of the store. Ms. Dacy stated the Planning Commission recommended approval of the request subject to seven stipulations. She stated in regard to Stipulation No. 4 for the development of a long-range site improvement plan for the rear of the building, a letter was � received from the petitioner objecting to this stipulation. She stated Mr. Dave Hoeschen from Holiday Companies is here this evening to address this issue. FRIDLEY CITY COUNCIL MEETING OF APRIL 23, 1990 PAGE 13 � Mr. Hoeschen stated the relocation of their garden center fits in better with the other renovations in the store. He stated when they applied in 1988 for the special use permit, there were stipulations recommended and, even though they withdrew their request, they have complied with the recommendations. He stated they are in agreement with all the stipulations, except No. 4. Mr. Hoeschen stated the reason for their concern is that they have to develop a site improvement plan for the rear of the building by June, 1991 and implement the plan by August, 1993. Mr. Hoeschen stated while they don't have a problem in trying to renovate what they see as a problem, they do not want to commit to a timetable without knowing what the City staff would require. He stated they would give the City a verbal commitment to work with staff. Ae stated if the Council cannot remove this stipulation, it may be best that they withdraw their request and leave the garden center where it is now located. Ms. Dacy stated the reason for this stipulation was the strong feeling about the aesthetics from I-694 and University Avenue and staff wanted to raise the issue to be discussed by the Council. Mayor Nee asked what type of improvements staff had in mind. Ms. , Dacy stated she was referring to landscaping. Councilman Fitzpatrick asked what stipulations were recommended by the Planning Commission and what ones were recommended by staff. Ms. Dacy stated the first six stipulations were recommendations by staff and the seventh stipulation was from the Planning Commission. MOTION by Councilman Fitzpatrick to grant Special Use Permit, SP #90-04, with the following stipulations: (1) The existing garden center fence shall be removed and the sidewalk/pavement area shall be repaired; (2) The shrub beds along 57th Avenue shall be cleaned and mulched with rock and an appropriate weed barrier by November 1, 1990; (3) The dumpsters shall be screened by January 1, 1991, if the trash compactor has not been installed; (4) The petitioner shall work with City staff to develop a long-range site improvement plan for the rear of the building by June, 1991. Implementation of this plan to be completed by August, 1993; (5) The garden center shall be enclosed with a cyclone £ence and vinyl slats; (6) Vinyl slats matching those of the garden center shall be installed in the cyclone fence surrounding the propane tank located on the west property line; and (7) Exterior storage of materials other than those used for the garden center shall not occur within the fenced area. Seconded by Councilwoman Jorgenson. � Councilman Billings stated the petitioner has some problem with Stipulation No. 4 and it is a little ambiguous if staff is really talking about landscaping. He felt the language was a little FRIDLEY CITY COUNCIL MEETING OF APRIL 23, 1990 PAGE 14 � broader than just landscaping and understands it would give the petitioner cause for concern and that they may be inclined to withdraw the request. He felt perhaps the special use permit could be granted for a certain time period and then reviewed to determine if staff and petitioner have worked out anything in terms of the landscaping and, if not, the special use permit could be cancelled. He stated he wanted to make sure they are looking at all options. Councilwoman Jorgenson stated that the stipulation regarding a landscaping plan would be included for any companies applying for a special use permit. Mayor Nee asked the petitioner if it would make a difference if the words site plan were changed to landscaping plan. Mr. Hoeschen he would like to rest on what they have done in the last several years with improvements to the building. He stated he is not in a positian to say if they would aqree to a site plan or landscaping plan without knowing what it entails. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. B. SETTING PUBLIC HEARING FOR REZONING REOUEST, ZOA #90-03, , TO REZONE IAT 1, BLOCK 1, LAMPERT'S ADDITION FROM M-1, LIGHT INDUSTRIAL, TO C-2, 6ENERAL BUSINESS, GENERALLY LOCATED AT 7680 HIGHWAY 65 N.E., (AMOCO OIL SERVICE STATION), BY BOB'S AMOCO: This item was deleted from the agenda. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission meeting of April 11, 1990. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RECEIVE ITEMS FROM THE MINUTES OF THE APPEALS COMMISSION MEETING OF APRIL 10. 1990: A. VARIANCE. VAR #90-05, TO REDUCE THE DRIVEWAY CURB OPENING TO THE NEAREST PORTION OF A RIGHT-OF-WAY FROM 75 FEET TO 42 FEET: TO REDUCE THE NUMBER OF PARKING SPACES FROM 39 TO 29 SPACES; TO REDUCE THE PARKING SETBACK FROM 20 FEET TO 10 FEET AND 19 FEET; TO REDUCE THE DRIVEWAY AISLE WIDTH FROM 25 FEET TO 20 FEET, ALL TO ALLOW DRIVEWAY INGRESS/EGRESS RE- IACATION AND EXPANSION OF DRIVE-UP FROM TWO LANES TO FOUR LANES, GENERALLY LOCATED AT 5205 CENTRAL AVENUE N.E.. BY TCF BANK SAVINGS: ' Ms. Dacy, Planning Coordinator, stated the petitioner has been working with the owners of Skywood Mall to develop a traffic FRIDLEY CITY COUNCIL MEETING OF APRIL 23, 1990 PAGE 15 � pattern to serve the expansion of drive-up teller lanes at Twin City Federal. She stated the petitioner has submitted this variance, basically, to preserve his options. She stated there are a several variances included in this request. Ms. Dacy stated at the Appeals Commission meeting, they considered an alternate option recommended by staff. She stated the recommendation was to close the west driveway and to widen the east driveway to 32 feet. She stated another option that was identified was widening the driveway between the green space around the building, but that would leave only five feet from tihe south end of the building. She stated the petitioner was concerned about this option as it creates a conflict with cars coming from the drive-up aisle and those trying to enter and park. Ms. Dacy stated the Appeals Commission recommended denial of the variance request to reduce the driveway curb opening to the nearest portion of a right-o£-way £rom 75 feet to 42 £eet, but recommended approval of the other three variances. Ms. Dacy stated a meeting was held with the parties involved in Skywood Mall and Twin City Federal regarding this proposal to determine if they could move to the original plan approved in 1988. She stated what is proposed is that TCF could still build their � separate drive-through aisle, but there would be only one lane into the Skywood property and one lane out of the property. She stated the width of this driveway would be approximately 30 feet and appropriate radii at the intersection of 52nd Avenue would have to be constructed to ensure a better turning movement into the property. She stated it is hoped this option will be acceptable to the Skywood wall partnership. Mr. Galush, representing Twin City Federal, stated it isn't that they do not want to go along with the City staff's recommendation, but due to the complexity of the situation and so many persons involved, nothing seemed to work. He stated he has thought of another option which would provide for two entrances and the only exit would be the driveway that goes into the mall. Mr. Galush stated all traffic from 52nd Avenue would be entrance only, with no exit. He stated with no parking at this end of the building, there is room to stack about 40 cars. He stated this is an alternate to what was mentioned earlier. Mr. Galush stated their business has increased and they are trying to find ways to alleviate the traffic congestion. He stated he is suggesting this plan as another alternative and is not saying the other plan would not work. He stated he knows staff and the Council are doing everything to resolve the issue and would do what the City wants, but would like the matter resolved this year. � FRIDLEY CITY COIINCIL MEETING OF APRIL 23, 1990 PAGE 16 � Councilman Billings stated he has not seen this proposal before so he did not know how many variances would be necessary to implement such a plan. Ms. Dacy stated the variances would still be needed for the parking spaces and for the setback encroachments. Councilman Billings asked if this entire plan is within Twin City Federal's own property. Mr. Galush replied in the affirmative. Councilman Billings stated the petitioner and City staff have been working with Skywood Mall for the last several years to try and come up with a way of ineeting Twin City Federal's needs. He stated TCF needed to do some expansion, but it was difficult to do on their site based on the plan submitted. He stated the owners of Skywood Mall had promised the City they would make some improvements, however, this property is now in receivership. Councilman Billinqs stated the plan submitted this evening seems to accomplish TCF's needs within their own site. He stated he is not prepared to make a formal decision this evening, but knows Mr. Galush has to report to his Board of Directors this week as to whether the City will go along with some type of expansion plan or they will need to reallocate their budget money. He stated he � would like to table this item; however, possibly taking a straw vote of the Council to determine if they are willing to accept one of the three proposals before them for e�ansion of TCF's site so they can proceed with some of their planning. In polling the Council, all were in agreement that they would be willing to accept one of the proposals for expansion at Twin City Federal's site. Councilwoman Jorgenson stated the plan submitted this evening addresses the issues raised two years ago and she is very pleased with it. MOTION by Councilman Billings to table this item for two weeks and direct staff to meet with Twin City Federal representatives and continue to work with representatives from Skywood Mall. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. VARIANCE REOUEST, VAR #90-06, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 22 FEET: TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 3 FEET, TO ALLOW THE REMODELING OF AN EXISTING HOME, GENERALLY IACATED AT 1400 FIRESIDE DRIVE N.E.. BY MORRIS BENSON: � Ms. Dacy, Planning Coordinator, stated this property is located at 1400 Fireside Drive and the Appeals Commission recommended denial of the variances based on the site plan. She stated the petitioner � FRIDLEY CITY COUNCIL MEETING OF APRIL 23, 1990 PAGE 17 submitted a revised plan which would eliminate the need for the front yard variance and require only the side yard variance from the required 10 feet to 5 feet. Ms. Dacy stated the petitioner wishes to create an enclosure over the front of the dwelling which is three feet wide. She stated the Zoning Code permits an encroachment of vestibules up to five feet in a front yard. She stated, therefore, the only variance to be approved would be the existing encroachment of the side yard from the required 10 feet to 5 feet. MOTION by Councilman Schneider to grant that portion of variance request, VAR #90-06, to reduce the side yard setback from lo feet to 5 feet, and deny the variance to reduce the front yard setback from 35 feet to 22 feet. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. APPROVAL OF CONTRACT WITH BRUCE A. LIESCH ASSOCIATES, INC. TO LOCATE AND DESIGN WELL NO. 14, PROJECT NO. 205: Mr. Flora, Public Works Director, stated this contract is for the hydrogeologic consulting services and establishing a production well at the Locke Park water plant location. He stated the costs � to locate and design Well No. 14 are $19,515.00. He stated it is recommended that Council approve this contract in order to initiate the DNR approval process and the hydrogeologic and seismic investigation for the production well. Councilman Schneider asked about the $30,000.00 referred to in Mr. Flora's memo. Mr. Flora stated when the Capital Improvement Plan was first prepared, only projects were identified, but at the March discussion meetings, it was suggested that the consulting work be included which was added. He stated there is not a printout that identifies all the costs for improvements, but work is being done on a five year Capital Improvement Program and the Council should be receiving a list shortly of the revised projects. Councilman Schneider stated as he understands, there is $30,00o in the revised Capital Improvement Plan, but did not know if this is included in the $300,000.00. He stated he specifically requested that sheet. MOTION by Councilman Schneider to table this item. MOTION FAILED FOR LACK OF A SECOND. ' Councilman Schneider stated he is trying to identify this $30,000.00 for Liesch Associates and does not know what it is part of. FRIDLEY CITY COUNCIL MEETING OF APRIL 23. 1990 PAGE 18 � Mr. Burns, City Manager, stated costs for the enqineering arose after the construction costs were discussed. He stated he anticipated the cost was included in the design. Councilman Schneider stated there is a revised Capital Improvement Plan and he would like to see it. Councilman Schneider stated the City has had a water system that has supplied the City for years. Now it sounds like if the City does not have enormous dollars, that the system will fall apart. He stated he is really uncomfortable with it and wants to know where the numbers are coming from and why they keep changing. Mr. Flora stated staff has been working on the Capital Improvement Program and has been shifting projects around because of changes in policies, so there are some changes. He s�ated staff has been trying to incorporate those figures, but it changes almost on a monthly basis. Councilman Schneider stated his concern is that each time the numbers rise, thoughts should be for eliminating items rather than thinking about raising the water rates. Mr. Burns stated when the Capital Improvement Plan is submitted in May, staff would do their best to provide a plan that meets the � City's needs. He stated he has some of the same frustrations as Councilman Schneider with surprise expenditures, but some that come along are very difficult to eliminate. MOTION by Councilwoman Jorgenson to approve the contract with Bruce A. Liesch Associates, Inc. for location and design of Well No. 14, Project No. 205, for $19,515.00. Seconded by Councilman Fitzpatrick. Upon a voice vote, Councilwoman Jorgenson, Councilman Fitzpatrick, Counailman Billings, and Mayor Nee voted in favor of the motion. Councilman Schneider voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. 10. APPROVAL OF CONTRACT WITH BRUCE A. LIESCH ASSOCIATES, INC. TO DESIGN AND ADMINISTER MONITORING WELLS AT COMMONS PARK, PROJECT NO. 208• Mr. Flora, Public Works Director, stated the contract provides for Bruce A. Liesch Associates, Inc. to prepare specifications, administer the construction, and prepare documentation £or three monitoring wells at Commons Park in the shallow glacial drift. He also stated that the construction at the well will be bid sepazately after the plans have been developed. MOTION by Councilman Schneider to approve the contract with Bruce A. Liesch Associates, Inc. to design and administer monitoring ' wells at Commons Park, Project No. 208, in the amount of $9,412.00. Seconded by Councilwoman Jorgenson. Ugon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously.l � � __._I FRIDLEY CITY COUNCIL MEETING OF APRIL 23, 1990 PAGE 19 11. APPROV L OF AGREEMENT WITH CHAPEL CONSULTING INC.: Mr. Pribyl, Finance Director, stated this letter of understanding outlines the scope of study and nature of the services which Chapel Consulting would provide to update the City's computer plan. He stated Chapel Consulting completed the original study for the City. He stated when the plan was first prepared, it was the intention to update it to determine the efficiency and effectiveness of the system. Mr. Pribyl requested the Council consider entering into this agreement for an amount not to exceed $14,745.00. MOTION by Councilman Schneider to authorize the City's entering into this agreement with Chapel Consulting, Inc. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. CHANGE ORDER NO. 1 FOR REPAIR AND MAINTENANCE OF WELL NO. 5, PROJECT NO. 198: Mr. Flora, Public Works Director, stated after careful examination of the pump parts and column pipe pulled out of this well, it was discovered that all 380 feet of pipe had to be replaced. However, the specifications identified only 40 feet needed replacement. He stated the additional cost for replacement is $5,100.ODD plus $569.00 for a check valve. However, the costs of sandblasting and coating of the existing pipe was subtracted in the amount of $1,008.00 and no bailing was necessary for an additional savings of $2,400.00. He stated the net difference is an additional $2,261.0o to complete the well repairs. MOTION by Councilman Billings to authorize Change Order No. 1 with Mark Traut Wells for the repair and maintenance of Well No. 5, Project No. 198, in the amount of $2,261.00. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RECEIVE BIDS AND AWARD CONTRACT FOR STREET IMPROVEMENT PROJECT NO. ST. 1990 - 10 (SEALCOATI: MOTION by Councilwoman Jorgenson to receive the following bids for Street Improvement Project No. ST. 1990 - 10 (Sealcoat): Astech Corporation P. O. BoX 1025 St. Cloud, NIN 56302 Bituminous Roadways 2825 Cedar Avenue South Minneapolis, MN 55407 $107,170.04 $114,441.62 FRIDLEY CITY COIINCIL MEETING OF APRIL 23, 1990 PAGE 20 1 Allied Blacktop 10503 89th Avenue North Maple Grove, MN 55369 $119,391.16 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated three bids were received and the low bidder was Astech Corporation and it is recommended they be awarded the contract. Mr. Flora stated $100,000.00 was allocated in the 1990 budget for sealcoating. However, since not all of the 1990 projects will be initiated, it would be appropriate to amend the street program to increase the sealcoat budget amount to $108,000 or reduce the contract quantities. He stated prices were lower this year than last year. MOTION by Councilman Fitzpatrick to award the contract for Street Improvement Project No. ST. 1900 - 10 (Sealcoat) to the low bidder, Astech Corporation for $107,170.04. Seconded by Councilwoman Jorgenson. Councilman Billings asked how much additional money was added to � this project that was not originally planned in 1990. Mr. Flora stated the sealcoating was focused in the northwest portion of the City. However, it was found there were some streets that had not been sealcoated in the last seven years so the amounts of sealcoating necessary to cover them were added in hopes that the bid would be under $100,000.00. Ae stated the bid was $107,170.04 so a change could be made in the sealcoat budget or the additional quantities could be eliminated. Councilman Billinqs stated he did not have a problem with moving funds, but wants to maintain the integrity of the budgeting system. He stated with losing aid to local governments, the City has to be cognizant of where they are spending monies. Councilman Schneider stated there are some problems with loose rocks from last year's sealcoating. Mr. Flora stated it appears there was some problem with the asphalt material and several other cities also experienced the same problem. He stated the City still has the performance bond so that whatever corrective action is necessary can be taken. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. � � ' � FRIDLEY CITY COIINCIL MEETING OF APRIL 23, 1990 PAGE 21 14. RECEIVE BIDS AND AWARD CONTRACT FOR STREET IMPROVEMENT PROJECT NO. ST. 1990 - 1 (OVERLAYI: MOTION by Councilwoman Jorgenson to receive the following bids for Street Improvement Project No. ST. 19909 - 1(OVerlay): Valley Paving, Inc. 8800 - 13th Avenue East Shakopee, MN 55379 W.B. Miller, Inc. 16765 Nutria Street Ramsey, MN 55303 Bituminous Roadways, Inc. 2825 Cedar Avenue So. Minneapolis, MN 55407 GMH Asphalt Corp. 17018 Saddlewood Trail Minnetonka, MN 55343 DMJ Corporation 2392 Pioneer Trail Hamel, MN 55340 Northwest Asphalt, Inc. 1451 County Road 89 Shakopee, MN 55379 Midwest Asphalt Corp. P. O. Box 5477 Hopkins, MN 55343 Alber Construction, Inc. 9636 - 85th Avenue North Osseo, MN 55369 Alexander Const. Co. 9050 Jefferson Trail Inver Grove Hgts., MN 55075 Hardrives, Inc. 7200 Hemlock Lane North Maple Grove, MN 55369 Munn Blacktop, Inc. 10883 - 89th Avenue North Maple Grove, MN 55369 $40,773.75 $41,429.50 $41,890.00 $41,963.5D $43,094.D0 $43,137.50 $43,367.40 $43,774.00 $45,817.50 $46,053.50 $46,073.90 � � � FRIDLEY CITY COUNCIL MEETINa OF APRIL 23, 1990 PAGE 22 Bituminous Const. & Contr. 2456 Main Street Minneapolis, MN 55434 Barber Construction Co. P. O. Box 5324 Hopkins, MN 55343 $48,087.50 $48,354.00 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to award the contract to the low bidder, Valley Paving, Inc., in the amount of $4D,773.75 for Street Improvement Project No. ST. 1990 - 1(Overlay). Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO. 28-1990 AIITHORIZING CHANGES IN APPROPRIATIONS FOR THE CAPITAL IMPROVEMENT FUND: MOTION by Councilman Fitzpatrick to adopt Resolution No. 28-199D. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman Fitzpatrick, Councilwoman Jorgenson, Councilman Billings and Mayor Nee voted in favor of the motion. Councilman Schneider voted against the motion. Mayor Nee declared the motion carried by a 4 to i vote. 16. RESOLUTION NO. 29-1990 TO RECONDITION 3 MG CONCRETE GROUND RESERVOIR: MOTION by Councilman Schneider to adopt Resolution No. 29-1990. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. AND APPROVAL OF CONTRACT WITH AEC FOR DESIGN AND INSPECTION OF THE REPAIR WORK• MOTION by Councilman Schneider to authorize the City to enter into a contract with AEC for the design and inspection of the repair work of the 3 MG ground storage tank. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. CLAIMS• MOTION by Councilman Billings to authorize payment of Claims No. 31570 through 31776. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � u � FRIDLEY CITY COUNCIL MEETING OF APRIL 23, 1990 PAGE 23 18. LICENSES• MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Billings. MOTION by Councilman Schneider to amend the above motion by deleting the on-sale beer license for Wong's Restaurant. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 19. ESTIMATES• MOTION by Councilman Fitzpatrick to approve the estimates as submitted: Gammon Brothers, Inc. 13845 Northdale Boulevard Rogers, MN 55374 Street Improvement Project No. ST. 1989 - 1& 2 Estimate No. 12. . . . . . AEC Engineers & Designers 511 - lith Avenue South Minneapolis, MN 55415 1.5 MG Concrete Reservoir Repair Project No. 193 (Inspection Services) 1. Period from 10/29/89 to 11/25/89 . . . . . . 2. Period from 1/O1/90 to 1/27/90. . . . . . . . 3. Period from 2/25/90 to 3/31/90 . . . . . . . $1,559.00 TOTAL . . . . . . . . . . . . . . . 260.00 237.50 $12,825.00 $2,056.50 Modern Heating and Air Conditioning, Inc. 2318 First Street N.E. Minneapolis, MN 55418 Firearms Range Pay Application No. 3. . . . . . . . . . . . $9,225.00 � � � FRIDLEY CITY COIINCIL MEETING OF APRIL 23, 1990 PAGE 24 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2D. AUTHOAIZATION FOR CITY ATTORNEY TO REPRESENT THE CITY BEFORE THE RICE CREEK WATERSHED DISTRICT REGARDING LACKE LAKE PROBLEMS: Mayor Nee asked if it was Council's desire to underwrite an attorney to represent the City before the Rice Creek Watershed District. Councilman Schneider asked Mr. Herrick about the costs for him to represent the City before the Rice Creek Watershed District regarding the problems at Locke Lake. Mr. Herrick, City Attorney, stated assuming there was no litigation, the cost would probably be about $2,000 at the most. Ae stated somewhere along the line the homeowners may wish to obtain their own attorney. MOTION by Councilman Fitzpatrick to authorize the City Attorney to represent the City before the Rice Creek Watershed District regarding the Locke Lake problems. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT' MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of April 23, 1990 adjourned at 11:14 p.m. Respectfully submitted, � �� ��-�_ Carole Haddad Secretary to the City Council Approved: w �� � William J. Nee Mayor