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07/11/1994 - 00004540� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 11, 1994 The Regular Meeting of the Fridley City Council was called to order at 7:28 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: MEMBERS ABSENT: PROCLAMATION: Mayor Nee, Councilwoman Sorgenson, Councilman Billings, Councilman Schneider and Councilwoman Bolkcom None RECREATION & PARKS MONTH - JULY, 1994: Mayor Nee read and issued a proc�amation proclaiming the month of July, 1994 as Recreation and Parks Month in the City of Fridley. He called upon all residents to join in this nation-wide celebra- � tion bringing recognition to all the benefits derived from all the public and private recreation and park resources at the local level. � Mr. Burns, City Manager, stated that there were several persons present to accept this proclamation, Recreation Leader Ann Gargaro, and Hayes playground participants, Emily Bruce, Jenny Medeck, and Krista Niznik. APPROVAL OF MINUTES: COUNCIL MEETING, JUNE 20, 1994: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. MoTION by Councilman Schneider to amend the agenda by adding "Reconsideration of the Action on Variance Request, VAR #94-08, by Wayne Dahl," after the last item of Old Business. Seconded by FRIDLEY CITY COUNCIL MEETING OF JULY 11, 1994 PAGE 2 � Councilwoman Jorgenson. Upon a voice vote, Councilman Schneider, Councilwoman Jorgenson, Mayor Nee and Councilman Billings voted in favor of the motion. Councilwoman Bolkcom voted against the motion. Mayor Nee declared the motion carried. OPEN FORUM, VISITORS: UPDATE BY ANOKA COUNTY SHERIFF, KENNETH G. WILKINSON: Mr. Kenneth Wilkinson, Anoka County Sheriff, stated that he appreciated the opportunity to appear before the Council this eveninq. He stated that the purpose of his visit is to continue the commitment of good communications between the Sheriff's Office and the cities they serve. He stated that the relationship with the Fridley Police Department is a good one, and Fridley has one of the most progressive police departments in the area. Mr. Wilkinson stated that the Anoka County Sheriff's Department assisted with 328 crimes in Fridley 1n 1993 which was an increase from 252 the previous year. He stated those areas of investiga- tions included 109 death investigations, an increase from 58 the previous year. He stated that there was one homicide in Fridley zn 1993 and eight county-wide. He stated that this is a record number in the eight years he has been Sheriffe He stated that one � disturbing thing is that five of the homicides involved juveniles. He stated that this reflects the increase in violence in our society. Mr. Wilkinson stated that sexual assaults have increased in the last five or six years. He stated that Anoka County set a record in 1993 with 610 incidents. He stated that 56 cases were 1n Fridley but that had decreased from 82 the previous year. He stated that in drug enforcement, there were 87 cases in Fridley, an increase of 30 from the previous year. Mr. Wilkinson stated that the County's crime scene processing unit assisted in the homicide which occurred in Fridley. He stated that the crime lab processed the scene, and the individual was taken into custody. Mr. Wilkinson stated that the County's underwater recovery team assisted in the recovery of a body near Islands of Peace. He stated that SWAT teams are also available, and they assisted in the arrest of a narcotics suspect from Texas who was traced to a location in Fridley. Mr. Wilkinson stated that the Minnesota Fugitive Task Force includes federal agencies as well as county and municipal police depar�ments. He stated that the sole duty of this Task Force is � to track and apprehend people who have committed crimes but have not been taken into custody. He stated that one County Deputy Sheriff is assiqned to this Task Force. � � � FRIDLEY CITY COIINCIL MEETING OF JULY 11, 1994 PAGE 3 Mr. Wilkinson stated that they have new computerized video imaging technology that will help identify suspects in criminal investi- gations. He stated that this system will be linked with other metropolitan counties. Mr. Wilkinson stated that he is seeking feedback from the Council on the County's performance and ways in which they may help the community. Councilman Schneider asked Mr. Wilkinson if he had any comparisons of the types of crime in the southern portion of the County versus the northern portion, which is a rural area. Mr. Wilkinson stated that property crimes have been decreasing, but violent crimes have been increasing. He stated that assaults and domestic assaults are increasing. Councilman Schneider asked if the County is involved in the problems in the Sheffield neighborhood in Columbia Heights. He questioned what Fridley could do to prevent these situations. Mr. Wilkinson stated that the County worked closely with the Columbia Heights Police Department in assisting in that area with some of the problems. He felt that this was beneficial to a certain extent, and they have also worked with the Fridley Police Department in certain incidents. Mayor Nee thanked Sherif£ Wilkinson for his update. He stated that the Fridley Police Department is pleased with the operations of the Anoka County Sheriff's Department. Councilman Billings stated that he felt the level of professional- ism Sheriff Wilkinson brings to the Anoka County Sheriff's Depart- ment is exemplary. He felt that this professionalism is beyond compare to any other department in the metropolitan area, and he is pleased and proud to have Mr. Wilkinson as Sheriff of Anoka County. CAROLEE ZENTER. 995 LYNDE DRIVE: Ms. Zenter stated that she is one of the co-chairs of the Fridley Property Managers Coalition. She stated that she is receiving a lot of positive feedback from owners, and they have been rentinq to good tenants. She stated that she received a call from a person from New Jersey commenting on the cleanliness of the City. She stated that the services she provides are free to owners and prospective residents. She stated that she assists with referrals and had 61 calls on Sunday for apartments. Councilman Schneider stated that he hoped her enthusiasm and support would be contagious and appreciated her efforts. � � � FRIDLEY CITY COUNCIL MEETING OF JULY 11, 1994 PAGE 4 PUBLIC HEARING: 1. PUBLIC HEARING ON AN ORDINANCE AMENDING CHAPTER 2 AND SECTION 4.04 OF THE FRIDLEY CITY CHARTER: MOTION by Councilman Schneider to waive the reading of the public hearinq 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 5:03 p.m. Ms. Terrie Mau, of the Charter Commission, highlighted some of the proposed amendments to the City Charter. She stated that the section where there had been a problem with has been withdrawn and will be addressed by the Charter Commission in the fall. She stated that the amendments clarify the source of the council- manager plan of government; deletes language which was required for the transition to elections in even numbered years; and links the election of mayor and councilmember-at-large to presidential election years and of ward councilmembers to gubernatorial election years; clarifies when terms of office begin and end; explains how the mayor takes control in time of an emergency; clarifies the disqualifications of councilmembers from being employed by the City in other capacities; provides for a special election to fill vacancies; provides for restoration of the council in case the membership is reduced to two or less; and deletes obsolete language from the original charter. Councilman are filled term. Schneider asked which section clarifies how vacancies if they occur in the years one through three of the Ms. Mau stated that Section 2.06, sub-section 2, refers to how the vacancies are filled in the time period referred to by Councilman Schneider. No other persons in the audience spoke regarding these proposed Charter amendments. MOTION by Councilman Schneider to close 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 closed at 8:10 p.m_ OLD BUSINESS• 2. APPOINTMENT TO HUMAN RESOURCES COMMISSION (TABLED MARCH 21 1994 t Mayor Nee removed this item from the table. � � � FRIDLEY CITY COUNCIL MEETZNG OF JULY 11, 1994 PAGE 5 MOTION by Councilman Schneider to nominate Jeanne Raffesberger for appointment to the Human Resources Commission for the term which explres on April l, 1997. There being no further nominations, the nominations were closed by Mayor Nee. MOTION by Councilman Schneider to cast an unanimous ballot for the appointment of Jeanne Raffesberger to the Human Resources Commis- sion. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. RECEIVE ITEMS FROM THE PLANNING COMNTISSION MEETING OF JUNE 1 1994 (TABLED JUNE 20, 1994): A. SPECIAL USE PERMIT REQUEST, SP �94-03, BY GORDON HEDLUND, TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT (FLOOD FRINGE), GENERALLY LOCATED ON THE SOUTH SIDE OF BUFFALO STREET EAST OF RIVERVIEW TERRACE: AND B. SPECIAL USE PERMIT REOUEST, SP #94-04, BY GORDON HEDLUND, TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT (FLOOD FRINGEI, GENERALLY LOCATED ON THE SOUTH SIDE OF CHERYL STREET WEST OF BROAD AVENUE: AND C. SPECIAL USE PERMIT REpUEST, SP #94-05, BY GORDON HEDLUND, TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT (FLOOD FRINGE), GENERALLY LOCATED ON THE NORTH SIDE OF DOVER STREET WEST OF BROAD AVENUE: Mayor Nee removed these items, Special Use Permit Requests, SP #94-03, #94-04, and #94-05 from the table. Ms. Dacy, Community Development Director, stated that at the June 20 Council meeting, a number of issues were raised pertaining to these three properties. She stated that one of the questions was regarding the status and safety of the Coon Rapids dam. She stated that she received a letter from Mr. Mel Sinn with the Department of Natural Resources. He stated that there are major repairs planned by the Suburban Hennepin Regional Park District, owners of the dam, to enhance the potential for hydropower at this site. She stated that Mr. Sinn said that the dam's foundation is in good condition and stable. Ms. Dacy stated that another issue was the height of the new homes that would be constructed on these sites. She stated that after conferring with the City Attorney's office, if the Council approves the special use permrts, it is recommended an additional stipula- tion be added stating the building height shall not exceed 30 feet measured from the existing elevation and complying with the defini- tion of the height in the building code, Section 205.02.11. She stated that the definition of building height is not measured from FRIDLEY CITY COUNCIL MEETING OF JULY 11, 1999 PAGE 6 � the ground to the peak of the roof. She outlined the typical definition of building height from the building code. Ms. Dacy stated that the question on drainage was raised and how it may impact other homes in the area. She stated that Council can adopt specifio stipulations regarding drainage and use this plan to evaluate the building plans. She stated that if violations occur that are directly related to the stipulations of the special use permit, action could be filed against the property owner. She stated that the Public Works Department has also identified a potential project to replace an eight inch line in 79th Way with a ten inch line when the street is upgraded. Ms. Dacy stated that if the Council approves these special use permits, it is recommended that the stipulation be added regarding the height of the homes. She stated that the petitioner, Mr. Hedlund, was present this evening to answer any questions. Councilwoman Bolkcom asked if there was a plan now to upgrade the sewer line. Mr. Flora, Public Works Director, stated that there was no plan at this time. � Councilman Billings asked if the petitioner was aware and has agreed to the stipulations on the special use permits. Mr. Hedlund, the petitioner, stated that he did not know how the stipulation on the height of the homes would impact construction. Ae stated that he has to fill the lots and to take four feet away from the height may be a problem. Councilman Billings felt that in the worse case scenario, a two- story home probably could not be built on the lowest lot, and a rambler would have to be constructed. Mr. Hedlund stated that the problem is that a rambler would not be practical given the setbacks and fill needed for the lots, Councilman Billings asked how the lots compare with the existing street grade. Ms. Dacy stated that the Buffalo Street lot is below the street grade, and the lots on Dover and Cheryl Streets are about the same. Councilman Billings stated that he did not feel this stipulation on the height was unusual, as �t addresses concerns which were raised. He felt that the character of the neighborhood should be maintained, and this stipulation would also allow Mr. Aedlund to � develop his property and satisfy everyone's needs in a practical manner. I� FRIDLEY CITY COUNCIL MEETYNG OF JULY 11. 1994 PAGE 7 Mr. Hedlund stated that he did not think there is a problem, as there are a variety of different style homes in all Fridley neighborhoods. He felt that it was unfair to him to place restric- tions if he wants to build a certain type of home on that lot. Councilwoman Bolkcom stated that this is an unusual situation. She stated that several neighbors in the area are very concerned about the height of the home and other issues. Mr. Hedlund stated that the fact that the lots are in the flood plain should not affect the type of home that is constructed. He stated that the physical construction of the homes would not be a lot different than others in Fridley. Councilwoman Bolkcom stated that the lot has to be raised because of the location in the flood plain. She felt that one of the biggest concerns was that no one knows what type of home is going to be built on these lots. Mr. Hedlund stated that if the construction is good for him and the owner, it would be good for the City. He would not create some- thing that is a lot different from other homes. Councilwoman Jorgenson felt that the added stipulation regarding the height is a way to assure some uniformity in that neighborhood. ' She stated that if the owner wished to exceed the height require- ment, there is the variance process. Mr. Hedlund felt that when someone is told they have to come up with new plans and go to the Council for approval, they normally do not proceed. He felt that it is an unfair request, as this four feet could be important. � Councilwoman Schneider stated that there are restrictions on these lots because they are located in the flood plain and because the City wants to protect the neighborhood. He stated that if it was a normal lot, these special use permit requests would not be necessary. Mr. Herrick, City Attorney, stated that what differentiates this situation from others is that because of the flood plain legislation, these lots have to be raised. He stated that if all the lots on the street were being built up, there would not be a problem. He stated that the problem arises because some of the lots on the street, which already have homes, have not been built to this required elevation. Mr. Herrick stated that when fill is added to these lots and then a two-story home is constructed, it will appear higher than in a neiqhborhood where the lots have not been raised. He stated that the City is obligated to approve a special use permit as long as the use of the property does not adversely affect the City or the neighborhood. He stated that the question the Council has to answer is if allowing a 30 foot height would have an adverse impact on the neighborhood or ad�acent FRIDLEY CITY COUNCIL MEETING OF JULY 11, 1994 PAGE 8 � properties. He stated that the Council also has the authority to impose reasonable conditions on the special use permits. Mr. Hedlund stated that he doubted if these conditions were placed on homes built in the last five or ten years. Councilman Billings stated that in the past where there is construction in the flood plain, �he Council actually has the building plans and elevation drawinqs presented before a determination is made on how it would impact the neighborhood. Mr. Herrick suggested that Mr. Hedlund review split level house plans to determine if there is a problem in constructing a reasonable home on these lots. Mr. Burns, City Manager, stated that if there is a 30 foot height restriction, which included the four feet of fill, it would reduce the height of the home to 26 feet. He felt that a typical split entry home was within that parameter and probably would not be too restrictive. Mr. Hedlund stated that it may not be a problem, but he would not want to agree to the stipulation and find out later it was a mistake. � Councilwoman Solkcom stated that this item could be tabled so that Mr. Hedlund could research this issue. Mr. Hedlund stated that he would review it, but he did not know if he could come up with a plan. MOTION by Councilwoman Bolkcom to table Special Use Permits, SP #94-03, SP #94-04, and SP #94-05. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. RECEIVE AN ITEM FORM THE APPEALS COMMISSION MEETING OF JUNE 7. 1994 fTABLEA JUNE 20, 1994): A. VARIANCE REQUEST, VAR #94-06, BY MILLER FUPdERAL HOME. TO INCREASE THE AMOUNT OF FREE-STANDTNG SZGNAGE FROM 80 SQUARE FEET TO 98 SOUARE FEET TO ALLOW THE CONSTRUCTION OF A FREE- STANDING SIGN, GENERALLY LOCATED AT 621D HIGHWAY 65 N.E.: Mayor Nee removed this item from the table. Ms. Dacy, Community Aevelopment Director, stated that this is a request for a variance to increase the siqn area of a free standing siqn from 80 square feet to 98 square feet. She stated that a new 8o square foot sign has been installed that faces Highway 65, and � the petitioner wishes to replace an existing sign on West Moore Lake Drive. FRIDLEY CITY COUNCIL MEETING OF JULY 11 1994 PAGE 9 � Ms. Dacy stated that when the petitioner obtained a permit for the 80 square foot sign, there was no record of a permit for the existing 24 square foot sign on West Moore Lake Drive. She stated that, therefore, a variance was necessary to replace this sign. Ms. Dacy stated that the Appeals Commission and City staff have recommended denial of this variance based on the fact that it does not meet the criteria for a variance. She stated that the Appeals Commission was concerned about settinq a precedent, and because the petitioner could install other directional signs. Mr. Scott Lexvold, representing Miller Funeral Home, stated that at the Appeals Commission meeting, he presented several facts that stress this was an undue hardship and that the variance was rea- sonable. He stated that the Appeals Commission decided it was not reasonable, and the staff report did not have a lot of facts, as they felt the lot had good visibility from Highway 65. He stated that the funeral home also has access from west Moore Lake Drive and without the directional sign, there is no identification of their property on West Moore Lake Drive. Mr. Lexvold stated that the use of this property is unique, as there are not any other funeral homes in Fridley. He stated that persons have had a problem in finding the funeral home and locating � parking. He stated that the sign code allows one sign per street frontage. He stated that the 24 square foot sign was in need of repair and they discovered that they had a problem when they wanted to replace it. He stated that he did not feel a smaller sign would be any more obtrusive than what now exists. Mr. Lexvold stated that the staff report refers to visual pollution and does not address the safety of the community. He felt that it was important to have these signs to properly direct people and to prevent problems at this intersection. He stated that the spirit and the intent of the sign code was not to eliminate signs but to avoid clutter. He stated that he did not feel the variance would be against the spirit and the intent of the sign code. Councilman Schneider stated that if the new sign on Highway 65 was smaller, a variance would not be needed for this parking or direc- tional sign. He asked if the person constructing the sign advised them as to what size was allowed. Mr. Lexvold stated that the person constructing their 80 square foot sign probably did not know they had the other sign. Councilman Schneider asked if it would be possible to reduce the parking sign or the directional sign so that it meets the require- ments of the code. � Councilwoman Bolkcom stated that she cannot understand why there would be a problem with the parking, as it is immediately adjacent to the funeral home. � FRIDLEY CITY COUNCIL MEETING OF JULY 11, 1994 PAGE 10 Mr. Lexvold stated that they are also trying to identify the building with the parking sign, as people come from University Avenue by way of West Moore Lake Drive and get to Highway 65 before they realize they have passed the funeral home. He stated that they are trying to get people to their building with the least amount of problems. Councilwoman Jorgenson asked if the sign on Highway 65 could be placed closer to West Moore Lake Drive so that it is visible from both streets. Mr. Lexvold stated that in order to locate the sign closer to West More Lake Drive, a large tree would have to be removed and land- scaping redone. Councilwoman Jorgenson asked Mr. Lexvold if he know how much of their traffic comes from West Moare Lake Drive. Mr. Lexvold stated that he did not have any statistics. Under the existing code, they would be allowed two four foot directional signs. Councilman Schneider stated that there is a question whether a � variance is really needed. He asked Mr. Lexvold to try to come up with a proposal that would meet the code requirements for a directional sign. MOTION by Councilman Schneider to table this item. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 5. ORDINANCE NO. 1030 APPROVING A REZONING REpUEST, ZOA #94-01, BY SCOTT LUND OF RITE-WAY MOBILE HOME REPAIR, TO REZONE PROPERTY FROM C-3, GENERAL SHOPPING CENTER DISTRICT, TO M-1, LIGHT INDUSTRIAL, GENERALLY LOCATED ON HIGHWAY 65 SOUTH OF FIRESIDE DRIVE AND NORTH OF 73 1/2 AVENUE: MQTION by Councilman Schneider to waive the second reading and adopt Ordinance No. 1030 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. 6. ORDINANCE N0. 1031 APPROVING A VACATION REQUEST, SAV #94-01, BY SCOTT LUND AND ALVAN SCHRADER. TO VACATE A 15 FOOT DRAINAGE AND UTILITY EASEMENT, GENERALLY LOCATED ON HIGHWAY 65 SOUTH OF FIRESIDE DRIVE AND NORTH OF 73 1/2 AVENUE: MOTION by Councilman Schneider to waive the second reading and adopt ordinance No. 1031 on the second reading and order publica- tion, sub�ect to the following stipulations: (1) petitioner shall FRIDLEY CITY COUNCIL MEETING OF JULY 11, 1994 PAGE 11 � provide a copy of the temporary grading easement from the property to the west; (2) a concrete x-gutter should be installed at the driveway entrance; and (3) concrete curb and gutter should be B612 type curbing. Seconded by Councilwoman Jorgenson. Councilman Billings stated that as a result of the public hearing on this vacation request, adjacent property owners were asked to sign that they had no objections. He stated that the petitioner, Mr. Lund, has been talking to the ad7acent property owners, and it appears there is a drainage pipe from the trailer court that runs across his property and is not necessarily in the drainage ease- ment. He stated it now appears that Mr. Lund will have to spend $6,000 to $10,000 to replace that drainage pipe which he is not sure should be there because it is not in the drainage easement. Councilman Billings stated that the ad�acent property owner to the east, Mr. Buzick, stated that he was before the Council several years aqo regardinq the storm water problems in the area. At that time, the Council informed him they would have to review the drainage on a larger scale, rather than just his property and the property immediately ad�acent. Councilman Billings felt that because someone is developing a piece of property, he should not necessarily have to provide adequate � drainage for the entire area. He stated that he would like to have a drainage study completed to determine who is responsible for drainage in this area. Ms. Dacy, Community Development Director, stated that the existing pipe that removes water from the mobile home park is now dis- charging in the northeast corner of Mr. Lund's property. She stated that Mr. Lund is obtaining an estimate to connect the discharge pipe to the pond. Ms. Dacy stated that Mr. Buzick owns property to the south and east. She noted the problems that he is having and that runoff from the Super America station was backing up to his system. She stated that each property owner is responsible for maintaining water on his property. She stated that Mr. Buzick and Mr. Determan both installed drainage systems. She stated that Mr. Lund is accepting water from ad�acent properties and, if Mr. Lund develops the land, owners would be responsible for maintaining water on their property. Councilman Billings stated that Mr. Determan previously had an open ditch before the underground pipe was installed. Ms. Dacy stated that installation of the underground pipe was part of Mr. Determan's parking lot expansion. � Councilman Billings felt that it should be determined who is re- sponsible for the storm water and what kind of plan exists to FRIDLEY CITY COUNCIL MEETING OF JULY 11, 1994 PAGE 12 � handle the storm water. He stated that it appears somethinq more than natural drainage is taking place, and the issue should be addressed on who is responsible. Mr. Flora, Public Works Director, stated that there are a number of issues. He stated that the drainage system in this area was established many years aqo. He stated that storm water comes from Spring Lake Park and Mounds View and drains through this system. He stated that the City is working with the County in conjunction with the upgrade of Central Avenue, and it is hoped that ponding will be established in Spring Lake Park during this improvement. Mounds View has plans to deal with their water on Stinson Boulevard. He stated that as those projects develop, there probably will be reduced flow, but no major studies have been done for this area. Mr. Lund stated that he did not want to receive everyone else's water, and that he has to install a pipe. He felt that this drainage problem has to be addressed on a broader scope as new development occurs. Mr. Flora stated that he did not personally feel this project is a problem. He stated that if there are problems, individual owners deal with their own water. � Mr. Lund stated that he did not want to go to the expense of installing the piping and then have to change it at some future date. Mr. Herrick, City Attorney, felt that perhaps Mr. Lund should address this issue with the property owner to the north. He felt that there should be some determination as to the history of this water draining onto Mr. Lund's property. He stated that the usual rule is that a property ownar cannot discharge his water to another property without approval of the owner or without having a valid easement. Councilman Schneider asked Mr. Lund how much piping he had to install. Mr. Lund stated that there is a twelve inch pipe in the northeast corner of his property, and he would have to install about 100 feet of twelve inch pipe and then connect the back storage lot with an eighteen inch pipe for 200 feet to the pond. He stated that this is about 300 feet of piping that was not originally figured for drainage. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION FOR ADOPTION OF THIS ORDINANCE, all voted aye, and Mayor Nee declared the motion carried � unanimously. � L.� � FRIDLEY CITY COUNCIL MEETING OF JULY 11, 1994 PAGE 13 7. ORDINANCE NO. 1032 APPROVING A ZONING TEXT AMENDMENT, ZTA #94-01, BY WILLIAM TURNER, TO RECODIFY THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING," BY AMENDING SECTIONS 205.03, 205.14.1.B, 205.14.1.C, 205.15.1.B, AND 205.15.1.C: MOTION by Councilman Billings to waive the second reading and adopt Ordinance No. 1032 on the second reading and order publication. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. ORDINANCE NO. 1033 REPEALING CHAPTER 220 OF THE FRIDLEY CITY CODE AND ADOPTING A NEW CHAPTER ENTITLED "RESIDENTIAL RENTAL PROPERTY MAINTENANCE AND LICENSING CODE:" Ms. Dacy, Community Development last meeting, staff has followed the Council. Director, stated that since the up on the concerns identified by Ms. Dacy stated that some definitions have been amended to be con- sistent with the zoning code such as the definition for a one- family dwelling. Definitions were added for a non-resident owner and agent. She stated that Section 220.08 was revised regarding the responsibilities of occupants and owners. She stated that it is the responsibility of the occupant and owner to abide by the provisions of Section 220.14 regarding tenant behavior. Ms. Dacy stated that the ordinance was also amended in regard to snow and ice removal for dwellings of two or more units. She stated that the language was clarified on minimum electrical standards and the Minnesota Energy Code standards were adopted for temperatures of water coming out of a water heater. She stated that the City Attorney's office suggested a minor chanqe in the revocation portion of the ordinance to provide the right of legal represen- tation during the hearing process. Councilman Schneider stated that he wished to compliment staff in compiling this ordinance and in assessing the needs of the commun- ity and the property owners. He stated that he would support this ordinance, and he hoped it would have a positive impact on the community. Councilman Schneider stated that in regard to the fee structure, he would not ob�ect to a moderate fee increase in the first year and then go above what is suggested in the second and third years, so that the final result of the increased fees would still remain the same by the end of the third year. Councilman Billings stated that the most extensive fee is $25.D0 per unit a year, which is approximately $2.00 a unit per month. Councilwoman Jorgenson stated that she felt comfortable with the fee schedule, as she felt they were reasonable. �J FRIDLEY CITY COUNCIL MEETING OF JULY 11, 1994 PAGE 14 Both Mayor Nee and Councilwoman Bolkcom indicated that they did not have strong feelings one way or the other to adopt the fee schedule as proposed or to phase it in over a period of time. MOTION by Councilman Schneider to waive the second reading and adopt Ordinance No. 1033 on the second reading. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. (See Agenda Item No_ 9 which approves the publication only of the Official Title and Summary of this Ordinance No. 1033). SA. RECONSIDERATION �F ACTION TAKEN ON VARIANCE REQUEST, VAR #94-�8. BY WAYNE DAHL: MoTION by Councilman Schneider to reconsider the action taken on Variance Request, VAR #94-08 by Wayne Dahl. Seconded by Council- woman Jorgenson. Councilman Schneider stated that at the time this item was before the Council in the early morning hours of the last Council meeting, he felt he made a mistake on his vote. Perhaps he would have possibly voted differently if it was an earlier hour. Councilman Schneider stated that in fairness to the residents in , the area, he felt action should not be taken this evening, but Council should consider the motion for reconsideration of the item and then table this item to the next regular meeting. He felt that this would give staff time to notify the interested parties. � UPON A ROLL CALL VOTE TAKEN ON THE ABOVE MOTTON, Councilwoman Jorgenson, Councilman Schneider, and Mayor Nee voted in favor of the motion. Councilman Billings and Councilwoman Bolkcom voted against the motion. Mayor Nee declared the motion for reconsideration carried by a 3 to 2 vote. Councilman Billings felt it would be appropriate to receive the memo from Mayor Nee dated June 22, 1994 pertaining to the riverfront variance policy. MOTION by Councilman Billings to receive this memo from Mayor Nee dated June 22, 1994. Seconded by Councllman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to table action on reconsideration of Variance Request, VAR #94-08 to the August l, 1994 meeting and request staff to re-notify the persons who previously attended the June 20 meeting and bring back all pertinent information regarding this item. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ------------------------------------------ FRIDLEY CITY COUNCIL MEETING OF JULY 11, 1994 PAGE 15 � NEW BUSINESS: 9. MOTION TO APPROVE THE OFFICIAL TITLE AND SUMMARY OF ORDINANCE NO. 1033 REPEALING CHAPTER 22D OF THE FRIDLEY CITY CODE AND ADOPTING A NEW CHAPTER ENTITLED "RESIDBNTIAL RENTAL PROPERTY MAINTENANCE AND LICENSING CODE:" MOTION by Councilman Schneider to approve the Official Title and Summary of Ordinance No. 1033 and order publication. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF SUNE 29, 1994- A. AUTHORIZE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR A PLAT REOUE5T, P.S. #94-05, BY KEITH EIBENSTEINER FOR BILTMORE C�NSTRUCTIQN OF NEW BRIGHTON. INC.. TO SUBDIVIDE PROPERTY INTO NINE NEW SINGLE FAMILY LOTS, GENERALLY LOCATED IN THE SOUTHEAST CORNER dF THE TOTINO-GRACE HIGH SCHOOL PROPERTY AT 1350 GARDENA AVENUE N.E.: Ms. Dacy, Community Development Director, stated that this plat request is for the Totino-Grace High School property. She stated � that the owner wishes to subdivide the southeast corner of that site into seven s�ngle family lots and the southwest corner of the property into twa home sites. Ms. Dacy stated that the Planning Commission voted three to two to table this item, have Council consider ordering an Environ-mental Assessment Worksheet (EAW), and have the plat go back to the Planning Commission on completion of the EAw or the end of 120 days, whichever comes first. She stated that the reason for requesting an EAW was because of a petition submitted by neighboring property owners. Mr. Herrick, City Attorney, stated that he has done some research into the statute and rules that have been adapted by the State Environmental Quality Board. He stated that there is a provision in the rules that allows for a discretionary EAW, but it also provides that the discretion does not apply if the property is exempt. He stated that the Environmental Quality Board has ruled that this project is exempt. An examination of the rules clearly indicates that a pro7ect of this size is exempt from the require- ments. He stated that it is his opinion the City does not have the discretionary authority to order an EAW on this pro�ect. He stated that the City cannot require the developer to go through the EAW process. � Councilman Schneider stated that there were a number of environ- mental concerns raised. He asked what the City could do to insure that the environmental issues are addressed. FRIDLEY CITY COUNCIL MEETING OF JULY 11, 1994 PAGE 16 � Mr. Herrick stated that he has not explored other alternatives, and he is not prepared with an answer this evening. He stated that the only question he has reviewed is the matter of the Environmental Assessment Worksheet. Councilman Schneider asked the City's obligations as far as this plat. Mr. Herrick stated that there are several Supreme Court cases that indicate the City is obligated to approve a plat if the developer meets all the requirements of the ordinance. He stated that it would be his feeling that the City can apply reasonable limitations or conditions on the plat approval, but he does not feel that the City has the authority to prevent the owner from developing the property, as long as it is properly zoned and meets the require- ments of the City's platting ordinance. He stated that staff has recommended conditions that deal with many of the concerns of the residents. Councilman Schneider stated that aside from the EAW, he thought there was a request to the Planning Commission to take this plat through the City's Environmental Quality and Energy Commission and Parks and Recreation Commission. He stated that if the City does not want development on this site, the option would be to acquire � the property. He stated that all that is before the Council this evening is the request for an EAW, and there is no recommendation from the Planning Commission on the merits of the plat. Councilman Billings stated that in 1986 or 1987, there was a plat proposed north of the Islamic Center and east of 60th Avenue that dead ends near oakwood. He stated that the area was similar in nature to this proposed plat, and he wanted to know what was done on that particular plat. Councilman Billings also wanted to know the size of the North Innsbruck Nature Center and how and when the City acquired it. He stated that in the Planning Commission minutes, there is a lot of reference to Peck's Woods. He stated that he would like to know the original land area covered by Peck's Woods, and when Arthur Street area was developed if it was part of the original Peck's Woods. He questioned if there ever has been any considera-tion by any prior City Councils to acquire all or any of Peck's Woods for a park and the results of this discussion. Councilman Billings stated that Council has set aside a certain amount of open space in Fridley, and he would like to know the number of acres in North Innsbruck Park, as well as Springbrook Nature Center, and when they were dedicated to be open space. ' Councilman Billings stated that in reading the Planning Commission minutes, there are several references by residents who have testi- fied to ferns and woodland plants unique to the Fridley area. He FRIDLEY CITY COUNCIL MEETING OF JULY 11, 1994 PAGE 17 � questioned how unique these plants and vegetation were to the area and if they are found only in this particular woods. He stated that this would certainly have an impact on the decision that has to be made. He stated that there is also reference to trees cut down on the Wal-Mart site, and he would like a report as to whether or not the developer observed the commitment to preserve the oak trees on the Wal-Mart site. Councilman Billings stated that in the Planning Commission minutes there was reference to funds available from a third party that would be willing to purchase the property and give it to the City. He stated that if there is an agency that has $250,000 and that agency wants to purchase the property and give it to the City, he would like to know about it. Councilman Schneider stated that he believed staff should research this issue and the questions raised by Councilman Billings. He questioned how the City rates compared to national or state stan- dards for passive recreation areas and if we are inadequate or have more than adequate areas. He stated that another question is what kind of use is being made of North Innsbruck Park today, if the City should acquire the property, and what the cost is for main- taining it. He felt that the key issue is identifying if this property is really unique. � Mr. John Haluska, 56G0 Arthur Street, stated that he is involved with the organization, Friends of Innsbruck Park, and he represents the petitioners on the request for an EAW. He stated that they are appreciative of the City's planning staff who has helped them through this entire process. He stated that Michele McPherson has been very cooperative, and he felt the Council should be aware of the professionalism of the planning staff. He stated that the request for an EAW did not come before the Council because of the petition but because of the deliberations of the Planning Commission. He stated that the petition was drafted to get this issue before the Planning Commission and Council. Mr. Haluska stated that there certainly is not any requirement to require anyone to conduct an Environmental Assessment Worksheet (EAW). He stated that there are two agencies involved, the City and the Rice Creek Watershed District, because there are two wetlands on the property. He stated that both the City and the Watershed District have the right to require an EAW of any particular developer. He stated that he has been involved in that process in other areas and just completed working with the legis- lature on a similar request. He asked that the City Attorney check with the Environmental Quality Board staff and clarify this issue. Mr. Haluska stated that there may be some reason that a small residential development is exempt, but he is not aware of it. He � stated that this is a large-scale project in terms of the ecological issues. He stated that the Friends of Innsbruck Park are fully supportive of an EAW and support the request of the Planning Commission. FRIDLEY CITY COUNCIL MEETING OE JULY 11. 1994 PAGE 18 � Mr. Haluska stated that he would like to suggest that this issue also be submitted to the City's Environmental Quality and Energy Commission and the Parks and Recreation Commission. He felt that the information has to be brought before all relevant commissions. He stated that this is not just an important site to the City because of its ecological existence, but because it provides a unique urban forest. He stated that he would support the Council tabling this item and gathering all pertinent information. Mr. Herrick asked Mr. Haluska if he has read the state rules on an Environmental Assessment Worksheet. Mr. Haluska stated that he has read them several times and also worked with several attorneys on it. He felt that it is clear that it is up to the local governmental unit to make its decision. He stated that any governmental unit can do it. He stated that in this case, it probably would be the City or the Watershed District. Mr. Herrick stated that his interpretation of the rules is different. He stated that he did not mind checking with the attorney for the Environmental Quality Board, but when he called him last week he was not available. Mr. Haluska stated that it seems apparent there is not any compre- � hensive plan in dealing with these situations. He felt that it would be prudent for the Council to have an inventory of these parcels. Councilwoman Jorgenson asked if the wooded area around Moore Lake is part of the same area. Mr. Haluska stated that there is mixed oak in the area around Moore Lake. He stated that there was a biological heritage series done for the state. The people working on this series are available. He stated that he has given their names to City staff. Mayor Nee asked about the availability of funds. Mr. Haluska stated that he felt the City should use the trust for public land funds. He stated that they are a national organi- zation, are well funded, and very interested in doing something in a suburban setting. He stated that they acquire property that is in jeopardy for public use. He stated that he is speaking in terms of between $200,000 to $300,000. They are supportive of it and want to meet with the City. Mayor Nee stated that the reason programming is minimal at North Innsbruck Park is that resources have been diverted to Springbrook Nature Center. � Mr. Haluska stated that he understands and that was the reason for suggesting the survey and ranking the pro�ects. FRIDLEY CITY COUNCIL MEETING OF JULY 11, 1994 PAGE 19 � Councilwoman Jorgenson stated that several years ago she requested an increase in nature center activities at North Innsbruck Park, but most have been cancelled due to lack of interest. Mr. Kirk, Director of Recreation and Natural Resources, stated that the City scheduled regular nature programs. At times no one or only one person would participate in these activities. He stated that if they received requests they would have organize the activities, but the participation was not good. Therefore, it has been several years since any activities have been scheduled. Mr. Gordon Backlund, 5805 Arthur Street, stated that the front of his property faces Arthur Street where this development is proposed. He stated that at the Planning Commission meeting, Mr. Fallon, who represents the Archdiocese, stated that they want to use this property to fund their activities. He stated that it seems their interest is financial. He stated that he would not ob7ect to what is considered legitimate use of private property, but he felt it would be in the City's best interests to take a look at what that property could mean to the City. He felt that if the property is to be developed, it should be done as unobtrusively as possible, and the wooded areas should be protected as much as possible. He stated that formal activities ceased when Springbrook Nature Center was developed, but there continues to be informal � activities. Mr. Mike Black, Royal Oaks Realty, stated that the attorneys have been in contact with the City's attorney. It is their opinion that the EAW is exempt, but they are not opposed to addressing environ- mental cancerns. He stated that City staff did an excellent �ob in addressing these concerns. He stated that the plat more than exceeds the platting requirements in regard to lot size, and they would comply with all requirements for land development. Mr. Black stated that staff submitted stipulations to the Planning Commission, and they are in agreement with all these stipulations. He stated that they have delineated the wetlands on the site, and it is their intent not to impact any wetland. He felt that they have taken a very careful approach in development of the site, but some of trees would be impacted, as they would be constructing a 60 foot right-of-way for a cul-de-sac. Mr. Black stated that their company currently has pro7ects in Woodbury, Cottage Grove, Eagan, Inver Grove Heights, and some of the neighboring townships. He stated that they are a reputable firm, and these will be very expensive lots and homes. He stated that they do not object to looking at any local environmental concerns and would be willing to work with staff on those issues. He stated that this really is not a state issue as noted by the � Environmental Quality Board. He stated that if they can provide additional information on the environmental impact, they would cooperate with the City. He requested this to be done in a timely manner so that they can proceed accordingly. FRIDLEY CITY COUNCIL MEETING OF JULY 11. 1994 PAGE 20 � Mr. Black stated that there has been some discussion about the possible purchase of the property, and they are certainly willing to consider and entertain any offer that may come forward. � � MOTION by Councilman Schneider to table consideration of this request by the Planning Commission for an Environmental Assessment Worksheet on Plat Request, P.S. #94-05 to the next Council meeting on July 25 and request the City Attorney to further research both the EAW and other possible actions that can be taken to assess the environmental issue. Further, staff is directed to review the questions raised by the Council on this issue. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RESOLUTION NO. 53-1994 APPROVING PLAT P.S. #94-03, BY DAYTON- HUDSON CORPORATION TARGET NORTHERN DISTRIBUTION CENTER, 2ND ADDITION GENERALLY LOCATED AT 1090-73RD AVENUE N.E.: Ms. Dacy stated that the resolution in the Council's agenda errone- ously states the 3rd Addition. This should be changed to the 2nd Addition. She stated that there are a number of stipulations attached to this plat which the Planning Commission has recommended to the Council. She stated that Stipulation No. 6 was amended in response to Councilman Billings' concern about the driveway access of the new lot from 73rd Avenue. She stated that a statement was added that the driveway be used for emergency purposes only. MOTION by Councilman Billings to adopt Resolution No. 53-1994, with the following stipulations attached as Exhibit A: (1) the petitioner shall submit detailed grading and drainage plans for a trailer parking expansion, including delineation of any wetlands located on the property prior to construction. The Planning Commission and City Council shall review the plans if the parking area provides for more storage than 100 trailers; (2) the peti- tioner shall submit a detailed bikeway and landscaping plan for relocation of the existing bikeway adjacent to the westerly lot line of Lot l, Block l, Target Northern Distribution Center 2nd Addition prior to construction; (3) the petitioner shall prepare, execute, and record new bikeway easement documents and relocate the bikeway at the time of construction; (4) a �oint driveway easement shall be executed between Fridley Business Center Partnership and Dayton Hudson regarding the easterly driveway located on Lot 2, Block 1, Northco 4th Addition; (5) an open air easement shall be executed and recorded against Lot 1, Block l, Target Northern Distribution Center 2nd Addition, between Fridley Business Center Partnership and Dayton Hudson. This open air easement shall prevent construction of any structures within the 35 foot easement; (6) primary truck trailer access shall be limited to the entrance on the Central Avenue service drive with secondary access at existing Able Street. The driveway located on Lot 2, Block 1, Northco 4th Addition shall be used for emergency access only; (7) park fees shall be paid at time of building permit issuance; (8) FRIDLEY CITY COUNCIL MEETZNG OF SULY 11, 1994 PAGE 21 ' a special use permit application shall be submitted if it is determined by the City that adequate screening does not exist to screen the vehicles at time of construction; (9) a letter of credit or performance bond shall be submitted prior to construction in the amount of three percent of the total construction cost of the expansion of the parking area, bikeway/walkway, and landscaping. The bond or letter of credit will be retained at minimum for one year and one full growing season; (10) existing wetlands shall not be altered, drained, or filled, including receiving direct, unfiltered runoff from parking lot expansion; and (11) a permit from the Rice Creek Watershed District shall be obtained prior to construction. Seconded by Councilman Schneider. MOTION by Councilman Billings to amend this resolution by changing the words "3rd Addition" in the title to "2nd Addition," and also changing the words in the third line of paragraph three of this resolution from "3rd Addition" to "2nd Addition." Seconded by Councilwoman Bolkcom. 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. 12. APPROVE AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM BETWEEN � THE COUNTY OF ANOKA AND THE CITY OF FRIDLEY: Ms. Dacy, Community Development Director, stated that this agree- ment must be executed before the City receives reimbursement of the SCORE funds. MOTION by Councilman Schneider to authorize the appropriate officials to enter into this agreement with Anoka County for the City's residential recycling program. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. APPROVE ADDENDUM NO. 1 TO LICENSE AGREEMENT FOR ACCESS TO THE TAXSYS SYSTEM BETWEEN THE COUNTY OF ANOKA AND THE CITY OF FRIDLEY• Mr. Pribyl, Finance Director, stated the original license agreement that was approved on August 16, 1993 by the Council provided for inquiry only with no data input capability for the TAXSYS System. He stated that this addendum provides for data entry of information previously input by input data sheets. Councilman Schneider asked if there would be any additional costs. Mr. Pribyl stated that there would not be any additional costs. � MOTION by Councilman Schneider to approve Addendum No. 1 to the License Agreement for Access to the TAXSYS System and authorize � FRZDLEY CITY COUNCIL MEETING OF JULY 11, 1994 PAGE 22 � appropriate officials to sign same. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. APPROVE ANIMAL CONTROL CONTRACT BETWEEN THE CITY OF FRIDLEY AND SKYLINE VETERINARY HOSPITAL: Lt. Herb Zimmerman, Fridley Police Department, stated that there are three changes in this year's animal control contract. He stated that the term "seized stray animals" has been added, as well as wording referring to Minnesota State Statute MS 35.71. Ae stated that both of these changes are for clarification purposes to differentiate stray animals from abandoned animals. He stated that the other change is an increase in the contract from $1,200 per month to $1,250 per month. Lt. Zimmerman stated that the City has been pleased with the services provided by Skyline Veterinary Hospital and recommended approval of the contract. Councilwoman Jorgenson asked about the change in the law regarding publication of notice when animals have been picked up. Lt. Zimmerman stated that this would be covered under the abandoned � animals. He stated that the Skyline Veterinary Hospital would have to go through this process of publication; however, this does not apply to stray animals. He explained the difference between a stray animal and an abandoned animal. The City staff was to obtain information on the number of animals destroyed and the number of licenses issued, in response to these questions by the Council. MOTION by Councilman Schneider to approve the animal control contract between the City and Skyline Veterinary Hospital and authorize the appropriate officials to sign same. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO. 54-1994 RECOMMENDING APPROVAL OF THE TRANSFER OF CONTROL OF COUNTRYSIDE INVESTMENTS, INC. AND NORTEL CABLE CORPORATION• MOTION by Councilwoman Jorgenson to adopt Resolution No. 54-1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RESOLUTION NO. 55-1994 AUTHORIZING THE APPROVAL OF A GRANT CONTRACT WITH THE STATE OF MINNESOTA TO BUILD AN OFF-ROAD � BIKEWAY ALONG CENTRAL AVENUE WITH FUNDING FROM THE MINNESOTA COOPERATIVE GRANTS PROGRAM: MOTION by Councilman Schneider to adopt Resolution No. 55-1994. Seconded by Councilman Billings. � FRIDLEY CZTY COUNCIL MEETING OF JULY 11, 1994 PAGE 23 Councilman Schneider stated that his concern was for safety regarding the busy intersection on the east side of Old Central Avenue at Mississippi Street. He felt that it would be better to locate this path on the west side. Councilman Billings stated that there were approximately fifteen homes on the west side of the street and seven on the east side. He stated that the two intersecting streets provide access to about fifty homes to the east of Old Central Avenue, therefore, there is more traffic on the east side of Old Central Avenue that would have a potential conflict with the bike path. He stated that those who live to the east may not be as aware of the bike path, as those who live on the west side and have it in front of their homes. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Schneider, Councilman Billings, Mayor Nee, and Councilwoman Bolkcom voted in favor of the motion. Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. 17. APPROVE RESTATED JOINT POWERS AGREEMENT REGARDING SIX CITIES WATERSHED MANAGEMENT ORGANIZATION: Mr. Flora, Public Works Director, stated that the Six Cities Watershed Management Organization attorney has restated the Joint � Powers Agreement of the Six Cities Watershed District to bring it into compliance with the current state statutes. He stated that the changes reference Minnesota Statute Chapter 103, rather than the old statutes, and the other change deals with vacancies and requires the vacancy to be filled within ninety days. 1 MOTION by Councilman Schneider to authorize the Mayor and City Manager to enter into the restated Joint Powers Agreement for the Six Cities Watershed Management Organization. Seconded by Council- woman Bolkcom. Upon a voice vote, ali voting aye, Mayor Nee declared the motion carried unanimously. 18. RECEIVE BIDS AND AWARD CONTRACT FOR KERRY LANE STREET IMPROVEMENT PROJECT N0. ST. 1994-12: Mr. Flora, Public Works Director, stated that four bids were received for this pro�ect and the low bidder was Bituminous Consulting and Contracting Company in the amount of $58,150. He stated that it is recommended the Council award the contract to them for the Kerry Lane Street Improvement Pro�ect No. ST. 1994-12. MOTION by Councilman Schneider to receive the following bids for Street Improvement Project No. ST. 1994-12: Bidder Bituminous Consulting & Contracting Co. 2456 Main Street NE Minneapolis, MN 55434 Total Bid $58,150.00 � � � FRIDLEY CITY COUNCIL MEETING OF JULY 11, 1994 PAGE 24 W.B. Miller, Inc. 67D1 Norris Lake Rd. NW Elk River, MN 55330 Hardrives, Inc. 9724 lOth Ave. N Plymouth, MN 55441 Master Asphalt Co. 10939 79th Ave. N. Maple Grove, MN 55369 $63,530.00 $63,760.00 $76,866,00 Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to award the contract for the Kerry Lane Street Improvement Project No. ST. 1994-12 to the low bidder, Bituminous Consulting and Contracting Company in the amount of $58,150.00. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. RESOLUTION NO. 56-1994 AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS AND ADVERTISEMENT FOR BIDS FOR THE 52ND AVENUE FLOODWAY�CLOVER POND DIVERSION PROJECT: Mr. Flora, Public Works Director, stated that on June 27, 1994, the Columbia Heights City Council decided to proceed with the 52nd Ave- nue Floodway/Clover Pond Diversion Project. He stated that their motion was to have the City of Fridley prepare plans and specifica- tions, to advertise for bids with the stipulation that City staff work with the residents to prepare a landscaping plan, and to improve the appearance of the apartment garages by painting them and by fixing the fence. MOTION by Councilman Billings to adopt Resolution No. 56-1994. Seconded by Councilman Schneider. Councilwoman Jorgenson asked about the type of landscaping that would be used. Councilman Billings stated that the engineers believe the land- scaping will be provided in the plans. Funds have already been designated for re-landscaping. He stated that it is a matter of utilizing the funds to the best advantage and working with the property owners so that they are comfortable with the landscaping that will be done. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to direct staff to review the properties to determine if the City can address the concerns of the FRIDLEY CITY COUNCIL MEETING OF JULY 11, 1994 PAGE 25 1 City of Columbia Heights. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee dealared the motion carried unanimously. Mr. Flora stated that he believed that the City's Code Enforcement officer has already begun working on this issue. 20. APPROVE CONTRIBUTION TO THE BUSINESS LANDFILL COALITION: Mr. Burns, City Manager, stated that in order to shift the burden for the Oak Grove Landfill clean-up from the business community and governmental units to all taxpayers, the Chambers of Commerce in Anoka County have hired a lobbyist, North State Advisors, to address the Legislature and re-define the responsibility for the clean-up. He stated that the Fridley Chamber of Commerce bs re- questing that the City contribute $500.00 to fund the coalrtion expenses. Councilman Billings stated that if the City would have some re- sponsibility for this clean-up, it would cost thousands of dollars. He stated that this $500 would help pay the cost to lobby for le- gislation that could potentially save the City money. MOTION by Councilman Billings to approve a$500.00 contribution to � the Business Landfill Coalition. Seconded by Councilman Schneider. Upon a voice vote, Councilman Billings, Councilman Schneider, Mayor Nee, and Councilwoman Bolkcom voted in favor of the motion. Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. 21. APPROVE AGREEMENT FOR PARTICIPATION IN URBAN CORPS PROGRAM BETWEEN THE CITY OF MINNEAPOLIS AND THE CITY OF FRIDLEY: Mr. Burns, City Manager, stated that participation in this program allows the City to employ students who have Federal Work Study Grants to work as interns. He stated that approval of this agree- ment is necessary in order for the City to participate in the program. TIe stated that these interns have worked in a number of City departments, including the areas of cable television, Community Development, and Public Works. MOTION by Councilwoman Bolkcom to approve the agreement with the City of Minneapolis for participation in the Urban Corps Program and authorize the appropriate officials to execute same. Seconded by Councilwoman Sorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. INFORMAL STATUS REPORTS: � Mr. Burns, City Manager, stated that there were no informal status reports. � � � FRIDLEY CITY COUNCIL MEETING OF JULY 11. 1994 PAGE 26 23. APPOINTMENT: CITY EMPLOYEE: Mr. Burns, City Manager, stated that he was pleased to recommend the appointment of Scott Hickok as Planning Coordinator. He stated that Mr. Hlckok has a Master's Degree in Public Administration and a Bachelor of Science Degree in Urban and Regional Studies from Mankato State. He stated that his past experience has included Associate Planner for the City of Apple Valley and Planning Intern/Associate Planner for the City of White Bear Lake, as well as experience as a architectural design draftsman. MOTION by Councilman Schneider to concur with the following appointment by the City Manager: Name Position Scott Planning Hickok Coordinator Exempt Starting Salarv $44,428.80 per year $3,702.40 per month Starting Date Suly 18, 1994 Replaces Barbara Dacy Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 24. CLAIMS' MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 56319 through 56635. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 25. LICENSES: MOTION by Councilman Billinqs to approve the license as submitted and as on file in the License Clerk's Office. Seconded by Council- man Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 26. ESTIMATES• MOTION by Councilwoman Jorqenson to approve the estimates as submitted: Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Statement for Services Rendered as City Prosecuting Attorney for the Month of May, 1994 . . . . . . . . , . . . $11,197.50