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08/01/1994 - 00004587� � � J THE MINUTES OF THE REGULAR MEETING QF THE FRIDLEY CITY COUNCIL OF AUGUST 1, 1994 The Regular Meeting of the Fridley City Council was called to order at 7:43 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: APPROVAL OF MINUTES: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider, and Council- woman Bolkcom None COUNCIL MEETING, JULY 25, 1994: MOTION by Councilman Billings to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTSON OF AGENDA: Mayor Nee requested that an item be added under licenses to waive the auction fee for Michael Servetus Unitarian Society. MOTION by Councilman Schneider to adopt the agenda with the above addition. Seconded by Councilwoman Bolkcom. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. NATIONAL NIGHT OUT: Mayor Nee stated that he wished to remind everyone that tomorrow night is National Night Out. He urged citizens to attend the block parties being held in their neighborhoods. He stated that if anyone would like to know the location of the nearest block party, they should call the Police Department. OPEN FORUM, VISITORS: There was no response from the audience under this rtem of business. --------------°---------------------------- � FRIDLEY CITY COUNCIL MINUTES OF AUGUST 1 1994 OLD BUSINESS° PAGE 2 l. ORDINANCE NO. 1034 AMENDING CHAPTER 2 AND SECTION 4.04 OF THE FRIDLEY CITY CHARTER: Mr. Hunt, Assistant to the City Manager, stated that this ordinance amending the City Charter mainly relates to how members of the council are elected. He stated that this is an extensive reorgan- ization of this chapter and clarifies a number of items. MoTION by Councilman Schneider to waive the second reading of Ordinance No. 1034, adopt it on second reading, and order publi- cation. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. RECONSIDERATION OF ACTION ON VARIANCE REOUEST VAR �94 08 BY WAYNE DAHL TO REDUCE THE SETBACK FROM THE TOP OF THE BLUFF LINE OVERLOOKING THE MISSISSIPPI RIVER FROM 40 FEET TO 1.5 FEET AND TO ALLOW AN ACCESSORY STRUCTURE IN THE FRONT YARD ALL TO ALLOW THE CONSTRUCTION OF AN S FOOT BY 15 FOOT STORAGE SHED GENERALLY LOCATED AT 177 HARTMAN CIRCLE N.E. STABLED JULY 11 1994)• MOTION by Councilman Schneider to remove from the table the motion � to deny VAR #94-08. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � Ms. Dacy, Community Development Director, stated that the City was contacted today by Larry Hartman of the Environmental Quality staff. She stated that, apparently, they received a call and wanted information about the City's Critical Area Plan. She stated that staff researched the information for Mr. Hartman and confirmed that the City has adopted such a plan. Ms. Dacy stated that there is a question as to whether or not the council has the final authority on the variance to the bluff line, She stated that she has contacted the City Attorney on this ques- tion, and the reply was that the council does have the final authority to take action on the variance. Ms. Dacy stated that in researching the Environmental Qualrty Board's rules, there was a section that the Environmental Quality Board has to be notified of any requests for a permit within the critical area. She stated that City staff was not aware of this requirement and, based on the advice of the City Attorney, they want to make sure all appropriate procedures are being followed. She stated that notice of this variance application should be sent to the Environmental Quality Board. Mr. Herrick, City Attorney, stated that the Environmental Quality Board's rules stated that notice should be given to them thirty FRIDLEY CITY COUNCIL MINUTES OF AUGUST 1, 1994 PAGE 3 � days before the council takes action. He stiated that if notice is given in the next several days, the matter should be tabled to a meeting sometime after that thirty-day period. Councilman Schneider asked if the Council has the final authority on the variance request. Mr. Herrick stated that he did not find anything in the Environ- mental Quality Board's rules that they have any authority over the Council's decision to make zoning rules including variances. Councilman Schneider asked where the Environmental Quality Board fit into the bureaucracy with the Department of Natural Resources, the Metropolitan Counail, and other agencies for review of these issues. Ms. Dacy stated that the Environmental Quality Board was part of the reviewing authority when the Council adopted the Critical Area Plan. Councilman Sillings asked if it is the intent of Council to receive additional testimony prior to a vote on this variance request. Mayor Nee stated that is the intent. � Councilman Billings asked that testimony be taken this evening so Council would have time to review any comments. Councilman Schneider stated that he did not have a problem with receiving testimony, but when this item is before the Council next month, people will want to restate tiheir views again. He stated that the question is: Does the Council want to receive testimony at this time and then go through the process again? Councilwoman Jorgenson stated that there are people here this evening who wish to address the issue, but she felt they would be here again next month. MOTION by Councilman Schneider to table the motion to deny Variance Request, VAR #94-08 for approximately thirty days until the Council meeting on September 6, 1994, and direct staff to notify the appro- priate agencies. Seconded by Councilwoman Jorgenson. Councilwoman Bolkcom asked if the City would receive information from the Environmental Quality Board in thirty days. Ms. Dacy stated that the Environmental Quality Board is aware of this request, and she felt the City would receive a reply within the thirty-day period. � Mr. Herrick stated that the letter to the Environmental Quality Board should indicate that Council intends to consider this matter at the September 6, 1994 meeting. � � � FRIDLEY CITY COIINCIL MINUTES OF AUGUST 1, 1994 PAGE 4 Councilwoman Bolkcom stated that regardless of the response from the Environmental Quality Board, the Council's decision would take precedent. Mr. Herrick stated that in his research all he found was that the Environmental Quality Board has to be notified. He stated that if the Environmental Quality Board takes the position that they have the authority to prevent the Council from granting a variance, this would become clear before the September 6 meeting, and we would deal with the situation if it arises. UPON A VOICE VOTE TAKEN ON THE ASOVE MOTION, Mayor Nee, Councilman Schneider and Councilwoman Jorgenson voted in favor of the motion. Councilwoman Bolkcom and Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a 3 to 2 vote. Mayor Nee stated that he wished this issue could have been resolved this evening. Councilwoman Bolkcom stated that if persons cannot attend the September 6 meeting, they could submit a letter that would be entered into the record. A gentleman from the audience questioned why the residents could not give testimony. Mayor Nee stated that the Council could listen to their comments, but the issue could not be settled this evetting. This gentleman stated that there is no sense in speaking if no action can be taken. Councilman Schneider stated that was his thought, and he knows that everyone will want to make their case at the September 6 meeting. A lady in the audience stated that she was of the opinion that this variance was already rejected. Councilman Schneider stated that when this item was originally before the Council it was about three in the morning, and there is a procedure under Robert's Rules of order that a vote can be reconsidered at the next regularly scheduled meeting. He stated that he originally voted against the variance, but at the followinq meeting he made a motion to reconsider. He stated that motion was voted on by the Council and carried by a 3 to 2 vote. He stated that the Environmental Quality Board has to be notified of this request, and the Council cannot take action this evening. Councilwoman Bolkcom stated that everyone who was notified of this meeting will again be notified of the September G meeting. ' � I� J FRIDLEY CITY COUNCIL MINUTES OF AUGUST 1, 1994 PAGE 5 Mr. Yorston, 161 Hartman Circle, stated that Mr. Dahl has the largest lot on Hartman Circle and numerous space to build without a variance. He questioned if the Council could make better use of the taxpayer's money on more important issues rather than going over this same issue three times. He stated that he respects Mr. Dahl's right to request a variance, but questioned how many times. Mayor Nee stated that the Council is obeying the law to submit this request to the Environmental Quality Board. Ms. Suzanne Miskowic, 153 Hartman Circle, asked why the Environ- mental Quality Board was not contacted thirty days ago. She stated that she lives next door to a man who ignores the City's rules and regulations and who intimidates people if he does not get his way. She stated that the neighborhood is first class, and the Council is making it less than average. Councilman Billings stated that Mr. Dahl has the right to apply for a variance. He stated that several weeks ago, the Council voted to deny this variance request, and the Council has now voted to reconsider. He stated that Mr. Dahl has not re-applied for the variance, and the Council tabled the item to this meeting in order to notify the neighbors. Councilman Billings stated that the ma�ority of the items the Council considers are related to land use such as variances, zoning, and special use permits. He stated that it is very important that the Council make reasonable and intelligent deci- sions regarding variances, as they can have significant implica- tions. He stated that no matter how many times an issue has to come before the Council before a final decision is made, it has to be done. He stated that two members of the Council have consis- tently voted to deny or table this request, and the other three members want to make sure they make the correct decision. He felt that it was only fair to have them address all these facts in order to make a correct decision. Councilman Billings pointed out that the Council voted to table this item and discussion is still proceeding. Mr. Yorston stated that the Council voted to deny the variance. He then asked what convinced them to reconsider. Councilman Billings stated that one of the members who voted on the prevailing side made a motion to reconsider. He stated that Robert's Rules of Order states this is undebatable. He stated that the Council is at the same point now that they were when this item was first before the Council on June 20. Mayor Nee stated that he apologizes for the problem, but it is something that is unavoidable since the Council did not know about it until about an hour ago. He asked that persons in attendance � � � FRZDLEY CITY COUNCIL MINUTES OF AUGUST 1, 1994 PAGE 6 make sure that their name is on the sign-in sheet so they are notified when this item is before the Council. Councilman Schneider stated that this is an important issue, and it would be nice if the petitioner and the neighbors could come up with a compromise and not spend several hours calling each other names. He stated that it seems there should be a way to resolve this issue so it is a winning situation for everyone. Mr. Hayford, 173 Hartman Circle, stated that he has called no one in the neighborhood names and neither has his wife. He stated that there are no problems in the neighborhood. Councilman Schneider stated that when people pound stakes in other people's driveways, and when he receives calls about things that have happened in the past, there is a neighborhood war going on. NEW BUSINESS• 3. RECEIVE ITEMS FORM THE APPEALS COMMISSION MEETING OF SULY 12, 1994: A. VARTANCE REOUEST, VAR #94-11, BY NEW HORIZON CHILD CARE, TO ALLOW AN ACCES50RY STRUCTURE IN THE FRONT YARD IN ORDER TO ALLOW THE CONSTRUCTION OF A PLAY AREA IN THE FRONT YARD, GENERALLY LOCATED AT 1202 EAST MOORE LAKE DRIVE N.E.: Ms. Dacy, Community Development Director, stated that this is a request for a variance to allow the construction o£ a play area in the front yard. She stated that New Horizon Child Care is propo- sing to locate in the westerly tenant space of the Moore Lake Commons Shopping Center and to construct a crosswalk across the driveway to a playground area located at the intersection of East Moore Lake Drive at the entrance into the shopping center. She stated that the petitioner is hoping to have a day care for approx- imately 116 children. She stated that they are proposing to have no more than twenty children within the play area at certain times of the day. Ms. Dacy stated that since the Appeals Commission meeting, the petitioner has amended the site plan to show the proper vision safety zone. She stated that the playground will have a retaining wall near East Moore Lake Drive along the west edqe of the play area, and it would be enclosed by a chain link fence. Ms. Dacy stated that the purpose of the front yard setback is to provide adequate separation between road rights-of-way and the use occurring on the lot; provide an area for landscaping and scree- ning; avoid the appearance of clutter in the front of the principal building; and to provide adequate lines of sight for traffic and visibility of the use. FRIDLEY CITY COUNCIL MINUTES OF AUGUST 1, 1994 PAGE 7 � Ms. Dacy stated that staff visited a site operated by the peti- tioner in Brooklyn Park. She stated triat the facility is in a multi-tenant building, but it did not have a crosswalk to the play area. Ms. Dacy stated that staff has prepared a video of other day care centers in the metropolitan area. Mr. Hickok, Planning Coordinator, presented the video showing the Creative Play Learning Center in White Sear Lake, Especially for Children in Lexington, and Kids Kreative Kare in Circle Pines. He noted that at the Circle Pines center, there was a crosswalk from the building to the play area. He stated that these sites are not operated by New Horizon, but there are issues that relate to this site, and he wanted to show how a detached play area could work for a day care facility. Ms, Dacy stated that the Appeals Commission's action resulted in a tie vote, and some of the concerns were the location of the accessory structure at a ma�or traffic conflict point. She stated that on the other hand, some of the Commission members felt the location of the playground was appropriate and could be handled adequately. She stated that there have not been any other variances granted in the City for accessory structures in the front � yard. She stated that because of the unusual location, staff recommended denial of this request. Although there are no specific traffic statistics, the concern is that it is contrary to the intent of the code because it is located in a front yard area and at a ma�or traffic conflict point. She stated that traffic will continue to increase as the shopping center develops. Ms. Dacy stated that if Council decides to approve this variance request, staff is recommending four stipulations which she outlined. Councilwoman Bolkcom asked if there were any other areas where the playground could be located. Ms. Dacy stated that when the architect originally contacted the City, two options were discussed with one being the area imme- diately west of the overhang of the building and the other was removing some of the parking and utilizing the tenant space. She stated that the response was that they felt the first option was not viable because there was not sufficient space and that the other option was not workable. She stated that another option was to locate the facility in the southeast corner of the shopping area. However, the petitioner did not want to occupy potential parking spaces for the offices. � Councilman Schneider felt that a day care center is a good use of the building, however, he did not want some tragedy to occur by locating the playground area in the front of the building accessed by the crosswalk. FRIDLEY CITY COUNCIL MINUTES OF AUGUST 1, 1994 PAGE 8 � Councilwoman Sorgenson stated that the day care center in Lexington was formerly an elementary school, and there is very little traffic from that site. She stiated that the site in Circle Fines is ad�a- cent to a Lutheran Church and has very little traffic compared to this site. She stated that anyone using the Northwest Racquet Club facilities will come into this location. Councilman Schneider stated that if some of the asphalt was removed it would reduce the parking spaces. Ms. Dacy stated that the day care use is different because people �ust drop-off and pickup children, so there may be some trade-off in the parking. Councilwoman Bolkcom asked if the Racquet Club patrons use this area for parking. Mr. Burns, City Manager, stated that the patrons use the area primarily behind the shopping center rather than in front, Mr. Dennis Unruh, the owner of the building, stated that the shopping oenter has a history of not having full occupancy. He believes that New Horizon would provide a need ior the area, and felt it would be good for the shopping center. He stated that the patrons of the health club have been parking in the area in front, � and he also feels that they do not have extra parkinq spaces. He stated that Council's favorable consideration of this variance would be appreciated, as they are attempting to increase the occupancy in the center. Mr. Blumentals, architect for the petitioner, stated that he felt the points of concern, which are the safety of the children, auto- mobile traffic, and visual problems, have been addressed. He stated that 27ew Horizon has over twenty years of experience in child care and has handled this type of situation in the past. He stated that this is not a typical accessory use because this is the first time someone has asked for a playground to be located in the front yard, Mr. Blumentals stated that in regard to the other options, one area is too narrow to meet the requirements for the playground equip- ment, and it would be very expensive to revamp the parking. He stated that the parking in the southeast corner is really needed for office parking when the offices are full. He stated that New Horizon is proud of their playgrounds and want to locate them where they are visible. Councilman Schneider asked why the playground could not be located immediately to the north of the building. 1 Mr. Blumentals stated that it would take more than just the parking spaces next to the building, and parkinq spaces in the next aisle FRIDLEY CITY COUNCIL MINUTES OF AUGUST 1, 1999 PAGE 9 � would have to be eliminated, as the playground is 55 feet by 80 feet. Ms. Dacy stated that eleven parking stalls would be eliminated. Mr. Flora, Public Works Director, stated that this would disrupt the internal traffic flow for the shopping center. Mr. Burns, City Manager, asked if it would be possible to extend the curb in order to provide additional parking. Ms. Dacy stated that this would be possible. Mr. Blumentals stated that they have reviewed this possibility, but it severely disrupts the other space in the center that is not yet occupied. Ms. Sharon Bergen, representing New Horizon Child Care Center, stated that New Horizon has an interest in locating in this shopping center because of the great need for child care in the area. 5he stated that many of the child care centers in Fridley are quite full, and there is a demand for these services in the area. Ms. Bergen stated that New Horizon felt the playground met their � needs and the needs of the children. She stated that they have playgrounds located in Burnsville, Brooklyn Park, and Brooklyn Center which have similar situations. She stated that they have had na in�uries or accidents, and their staff is highly trained to follow impeccable safety standards in addition to using stop signs and wearing safety vests. She stated that New Horizon takes on a huge liability when they open a child care center. She felt that if they could not safely execute this type of crossing, they would not be interested itt locating at this site. She said that the State of Minnesota Department of Health and Human Services permit this type of crossing. Minnesota is one of the three most difficult areas in which �o obtain a license. Councilwoman Jorgenson asked if the Department of Health and Human Services, Child Care Licensing Division, looked at this play area. Ms. Bergen stated that they cannot go to the Department of Health and Human Services until they have approval from the Council. She stated that they do not anticipate any type of problem, and she felt that Ms. Barb Eggeman from this agency would be happy to comment on this type of crossing. Councilwoman Jorgenson asked what the procedure is if rt was necessary for a child to leave the playground area. � Ms. Bergen stated that a child cannot leave the playground area alone and would be escorted by one of their staff. She stated that regulations allow one person to stay with a group and the other � � � FRIDLEY CITY COUNCIL MINUTES OF AUGUST 1, 1994 PAGE 10 person to escort a child back to the facility, if necessary, because they are in an enclosed area. She stated that they have state mandated ratios on the number of children to the number of staff. Councilwoman Jorgenson stated that she has warked on child care legislation for Minnesota, and she operated a day care center. She stated that she is extremely concerned about crossing children at this area. Mayor Nee asked if this was a state requirement to provide outdoor space. Ms. Bergen stated that this is required by the state. Councilman Schneider feels that this is a good use, but he would like to explore other options to avoid the crossing. Councilman Billings stated that he was excited about the possi- bility of this facility in Fridley, as he feels there is a need. He stated that he also has a concern about the crosswalk, but he does not know what options have been reviewed in depth. He stated that he has prepared a sketch and, basically, it would locate the play area immediately ad�acent to the building and realign the driveway. He stated that this would result in no loss of parking spaces. He stated that he has no problem with the play area in the front yard. He does not like a detached play area and was con- cerned about the safety issue and the visual aspect of having the de�ached playground, as several thousands of dollars have been spent for landscaping. Councilman Billings stated that he realizes this particular configuration probably would result in addrtional costs, but he would like the architect, petitioner, and building owner to explore other possibilities that may work. Mr. Blumentals stated that he has not considered this type of situation proposed by Councilman Billings. He stated that an attached play area is better than a detached playground, but the movement would have to be considered. He stated that an attached play area would have to go more west because they do not want to remove the canopy. He stated that it would be qurte extensive remodeling and he did not know if they could afford it. Councilman Billings stated that he felt a lot more could be done in this particular location to attach the playground area. Councilman Schneider stated that he would like to have the petitioner address other alternatives in order to attach the play area. He stated that he feels there is a need for this type of facility, a need for a tenant for the shopping center, and there should be a way to work it out. Mr. Unruh he stated that they have seriously looked at other alternatives. He stated that some of the suggestions probably � � � FRIDLEY CITY COUNCIL MINUTES OF AUGUST 1, 1994 PAGE 11 could work, but it causes concerns in other areas such as traffic flow, visibility, and rental of other space. He stated that he would prefer an attached playground facility, but he did not feel the options were viable. Councilman Schneider stated that there is a concern with the de- tached play area, and he felt it would be beneficial for New Horizon if the playground is near their facility. Ae stated that he would like for the petitioner to review other options to attach the play area to the facility. He asked that the architect, peti- tioner, and the shopping center owner work with staff on this issue. MOTION by Councilman Schneider to table this item to the August 15, 1994 Council meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. VARIANCE REOUEST. VAR #94-12, BY JOAN KLOCKERS, TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 7.4 FEET TO ALLOW THE EXPANSION OF AN EXISTING THREE-SEASON PORCH. AND TO REDUCE THE SIDE YARD SETBACK FROM 3.2 FEET TO 2.2 FEET TO ALLOW THE EXPANSION OF AN EXISTING GARAGE, GENERALLY LOCATED AT 6830 WASHINGTON STREET N.E.: Ms. Dacy, Community Development Director, stated that this is a request for two variances, one is to expand a garage to within 2.2 feet of the south lot line, and the other is to expand an existing three-season porch to the south which would reduce the setback from 9.4 feet to 7.4 feet. Ms. Dacy stated that because there was no neighborhood ob�ection, the Appeals Commission voted unanimously to approve the variance for the side yard setback from 3.2 feet to 2.2 feet to allow expansion of an existing garage, but the variance to expand the three-season porch resulted in a tie vote by the Appeals Commission. Councilman Billings asked the petitioners if they had considered closing in the area across the back of the home, and if only adding a two foot expansion was worth the cost. Mr. Klockers, the petitioner, stated that if the three-season porch was expanded across the back of the home, it would make for a very misshapen porch. He stated that as far as adding only two feet, they felt it was worth the cost. He stated that the existing porch is 10-1/2 feet by 11-1/2 feet, and by adding the additional two feet it would not change the roof line. Mr. Klockers stated that there is an ornamental block wall on the south of the property line that separates his property from the � � � FRIDLEY CITY COUNCIL MINUTES OF AUGUST 1, 1994 PAGE 12 neighbor's. He stated that this wall is 5 feet 4 inches in height on his property. Due to the change in elevation, it is 5 feet 9 inches on the neighbor's side. He stated that this wall effec- tively screens the properties. He stated that his neighbor to the south has submitted a letter that he has no objection to these variances. Mr, Klockers stated that there is about 27 feet of space between his porch and the neighbor's living area to the south. Mr. Klockers stated that in 1987, they added a six foot addition to the other end of their home and that this expansion is part of a larger plan which includes remodeling of the kitchen and two bedrooms. He stated that they seriously considered moving but decided to remodel. For the Council to deny what they may consider a small part of their plan that is really a great part to them would be a hardship. Mr. Klockers stated tha� with the remodeling, they are creating a more attractive and valuable home in the City resulting in higher real estate taxes due to the improvements. He asked that the Council cast a favorable vote to approve the variances. MOTION by Councllman Billings to qrant Variance Request, VAR r�94-12, with the following stipulations: (1) that the gutters � be reinstalled on the south side of the garage; and (2) that the siding on the three-season porch and garage match the siding on the home. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 4. RECEIVE THE BTDS FOR THE COMMONS PARK SHELTER, PROJECT NO. 267• Mr. Flora, Public Works Director, stated that three bids were received for the Commons Park Shelter, and the low bidder was Karlen Construction for a base bid of $87,444.00. He stated that four alternates were included in this bid, as follows: Alternate 1 was for installation of water and sewer service; Alternate 2 was for installation of a metal roof with metal facia; Alternate 3 was for installation of ceramic tile in the men's and women's rest- rooms; and Alternate 4 was for installation of electric hand dryers and appurtenances. He stated it is recommended that Alternates l, 3 and 4 be awarded for a total bid of $103,919.D0. He stated �hat the amount budgeted for this project was $12D,00. MOTION by Councilwoman Jorgenson to receive the following bids for the Commons Park Shelter, Project tdo. 267: Bidder Karlen Const. 901 125th Ave. Mpls., MN Total Alt. Alt. Alt. B1d No. 1 No. 2 No. 3 $ 87,444 $11,900 $24,90D $4,175 Alt. No. 4 $400 FRIDLEY CITY COUNCIL MINUTES OF AUGUST 1, 1994 ' Thor Const. 5400 Main St. Mpls., MN $134,969 $14,040 $37,872 $3,912 Jorol, Inc. 20692 Holyoke Lakeville, MN $156,240 $19,000 $ 6,000 $8,380 PAGE 13 $1,410 V��f'�. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, MOTION by Councilman Schneider to award the contract for the Commons Park Shelter, Pro�ect No. 267, to the low bidder, Karlen Construction in the amount of $87,444 plus $11,900 for Alternate No. 1; $4,175 for Alternate No. 3; and $400 for Alternate No. 4 or a total bid of $103,919. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RESOLUTION APPROVING PLANS AND REOUESTING ANOKA COUNTY TO PROCEED WITH IMPROVEMENTS ON MAIN STREET FROM 44TH AVENUE TO I-694, STREET IMPROVEMENT PROSECT NO. ST. 1994-8: Mr. Flora, Public Works Director, stated that Anoka County prepared � plans and specifications for the improvement of Main Street between 44th Avenue and I-694 and are ready to award the contract to Palda & 5ons of St. Paul. He stated that in order for the County to proceed, the City has to approve the plans and specifications. He stated that the State Aid Office is currently reviewing the storm water plans to determine the cost participation between the County and the cities of Fridley and Columbia Heights. � Councilwoman Jorgenson stated that the pro�ect is over what was estimated. She asked if the City knows exactly what the project will cost. Mr. Flora stated that it is known what the costs tor the asphalt and concrete are, but there are no firm figures for the storm water portion yet. Councilwoman Jorgenson felt that she could not approve the plans and specifications without knowing the costs. Mr. Flora stated that at the time the Joint Powers Agreement is received, the City will have firm figures on the costs to determine what would be assessed. Mr. Herrick, City Attorney, stated that if this resolution is adopted this evening, the bid is awaxded, and there is a dispute on the distribution of the costs, he questioned how it would be resolved. � � FRIDLEY CITY COUNCIL MINUTES OF AUGUST l. 1994 PAGE 14 Mr. Flora stated that these issues would be resolved during nego- �iations of the Joint Powers Agreement. He stated that the County is interested in starting the pro�ect and, therefore, is asking for plan approval. Councilwoman Bolkcom asked how long zt would be before the City receives these figures. Mr. Flora stated that they would probably be available in about another month. Councilwoman Bolkcom asked if they would be �eopardizing the project if the Council did not adopt the resolution. Mr. Flora stated that is what the County is claiming. He stated that it is hoped that during the State's review of the storm water plans the City's cost would be reduced. Councilwoman Jorgenson asked the maximum City cost for the storm water plan the County has submitted. Mr. Flora stated that the maximum cost for the storm water plan the County submitted was $ll9,329. It was originally anticipated the entire project would be $110,OOD. He stated that the original plan was to run the storm water over the surface of Main Street, but the plan now calls for a 42 inch pipe. Mr. Herrick stated that he is concerned about the procedure if the City proposes to assess part of this project. He felt that the residents would need to be notified prior to awarding the contract otherwise the City could not assess. Mr. Flora stated that this has not always been done in the past with a County pra�ect. He stated that, typically, the City approves the County project and then goes through the assessing process. Mr. Herrick stated that the procedure is for two public hearings, one when the pro7ect is approved and another when it is completed and assessed. Mayor Nee felt that the City was not ready at this time to proceed with this resolution. Mr. Flora stated that he would suggest this item be tabled until the approval; the Joint Powers Agreement can be worked out with the County, and public hearings for the assessment scheduled. MOTION by Councilwoman Bolkcom to table this resolution until the � City receives the Joint Powers Agreement so the costs are known and public hearings can be held. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MINUTES OF AUGUST 1, 1994 PAGE 15 1 6. RESOLUTION NO. 62-1994 AMENDING THE REPAYMENT SCHEDULE OF A LOAN TO THE FRIDLEY HISTORICAL SOCIETY: Mr. Hunt, Assistant to the City Manager, stated that in 1989, the Council loaned $7,000 to the Fridley Historical Society with the understanding it would be paid back in ten equal payments starting in July, 1991. He stated that in 1991, the Historical Society asked for forgiveness of the loan, and the Council deferred the loan for a year. He stated that in 1992 the Historical Society paid $700, and in 1993 the Council deferred payment again for another year. He stated that the Historical Society has asked forgiveness of the $700 payment due July 19, 1994. He stated that the Council has expressed interest in rescheduling the payments and adoption of this resolution would amend the repayment schedule. MOTION by Councilman Billings to adopt Resolution No. 62-1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RESOLUTION N0. 63-1994 DESIGNATING MINIMUM FUND BALANCES FOR THE GENERAL FUND, SPECIAL REVENUE FUNDS AND THE CAPITAL IMPROVEMENT FUND: Mr. Pribyl, Finance Director, stated that this resolution amends the designations of fund balances in the General Fund and formally � adopts designations in the Special Revenue Funds and the Capital Improvement Fund. He stated that in 1991, the Council approved four designations, and two will be changed and others will be established. Mr. Pribyl stated that the first change is in working capital for the General Fund. It increases the amount designated for working capital from fifty percent to sixty percent. He stated that this increase is needed to better reflect the City's needs for the first six months of the year. He stated that the designation for re- placement of fixed assets was increased from five percent to ten percent to better reflect the useful lives of the equipment acquired with General Fund revenues. Mr. Pribyl stated that the designations in the Special Revenue Funds identify the future uses of fund balance. He stated that each fund's purpose determines its designation. He stated that the Capital Improvement Fund has three designations corresponding to the three non-utilrty portions of the Five Year Capital Improvement Plan. MOTION by Councilman Billings to adopt Resolution No. 63-1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � FRIDLEY CITY COUNCIL MINUTES OF AUGUST 1, 1994 PAGE 16 8. RESOLUTION NO. 64-1994 ESTABLISHING THE INFORMATION SYSTEMS INTERNAL SERVICE FUND, AUTHORIZING A CASH TRANSFER TO THIS FUND AND TRANSFERRING THE OUTSTANDING SPECIAL ASSESSMENTS FROM THE 1982 IMPROVEMENT BOND FUND AND THE 1986 CROSSOVER BOND FUND TO THE CLOSED DEBT SERVICE FUND: Mr. Pribyl, Finance Director, stated that earlier this year the City retired two debt issues. He stated that since these bonds are now retired, the Council can re-appropriate the excess. He stated that in discussions with the Council, the cash remaining from the bonds was identified as the initial funding source for the com- puters and software the City will be purchasing. He stated that the remaining assessments that relate to the two retired bond funds would then be collected within the City's closed bond fund. MOTION by Councilwoman Bolkcom to adopt Resolutlon No. 64-1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports; however, he identified a number of items to be discussed informally in the regularly scheduled public conference meeting � following the regular meeting. 10. CLAIMS' � MoTION by Councilwoman,7orgenson to authorize payment of Claim Nos. 56882 through 57055. Seconded by Councilman Schnelder. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. LICENSES: MOTION by Councilwoman Bolkcom to approve the licenses as submitted and as on file in the License Clerk's Office, with the exception of the license for Michael Servetus Unitarian Society. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF WAIVING THE AUCTION LICENSE FEE FOR MICHAEL SERVETUS UNITARIAN SOCIETY FOR THEIR ANNUAL LABOR DAY ALICTION AS REOUESTED IN THEIR LETTER OF JUNE 27, 1994: MOTION by Councilwoman Sorgenson to receive the letter from Michael Servetus Unitarian Society of June 27, 1994. Seconded by Council- woman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to approve the license for Michael Servetus Unitarian Society for their auction and waive the fee.