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11/07/1994 - 00004797� � ' THE MINUTES OF THE REGIILAR MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 7, Y994 The Regular Meeting of the Fridley City Council was called to order at 7:32 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledqe of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Councilwoman Bolkcom MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING. OCTOBER 17. 1994e MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee requested that Council add the following item: (14A) Consideration of the Nomination of Potential Members to Serve on the Rice Creek Watershed District. MoTION by Councilman Schneider to adopt the agenda with the above addition. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORSe There was no response from the audience under this item of business. 1. PUBLIC HEARING ON EAST RIVER ROAD IMPROVEMENT PROJECT, HARTMAN CIRCLE TO GLEN CREEK ROAD (WARD 3): MOTION by Councilwoman Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearinq opened at 7:36 p.m. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 1994 PAGE 2 � Mr. Flora, Public Works Director, stated that the public hearing is for the assessment of the improvement of East River Road. He stated that Anoka County hopes to begin this pro7ect next spring with the construction of the asphalt surface, center medians, tur- ning lanes, traffic signal improvements, EVP signals, storm sewer installation, concrete curb and gutter and a bituminous bikeway/ walkway. He stated that City policy has been to assess for con- crete curb and gutter where there has been no previous assessment. He stated that 45 properties would be involved in the assessment for concrete curb and gutter at a cost not to exceed $9.00 per front foot. Councilwoman Jorgenson pointed out that the Sa7ady home on East River Road was demolished and asked if the County would pay the assessment for this parcele Mr. Flora stated that the County would pay the assessment for the Sajady property. Councilwoman Bolkcom stated that several persons asked why they would be paying $9.00 a front foot when the cost has been $8.00 a front Poot. Mr. Flora stated that the cost has been escalating and, therefore, a limit was set at $9.00 a front foot. He stated, however, that the cost may actually be less. � Mr. Timothy Heldenbrand, 7321 East River Road, asked what was in- volved in the improvement of East River Road. He stated that he understands the City has a 15 foot easement, and he did not need a new curb. Mr. Flora stated that the County is widening East River Road, and a series of public hearings has been �eld over the last several years. He stated that there will be two lanes of traffic in each direction with a median and protected turn lanes. He stated that a bikeway/walkway will be constructed withzn the street right-of- way which will be eight feet wide on the east side of the road. Mr. Heldenbrand asked how he would keep his yard private with the bikeway in front of his home. Mr. Flora stated that he could install a fence up to four feet high or plant trees and shrubs. Councilwoman Bolkcom asked the distance from the bikeway to Mr. Heldenbrand's property. Mr. Flora stated that the property line will be approximately 2D feet from the curb, and there will be an eight foot asphalt bike path within that 2o feet. � Mr. Heldenbrand questioned who really wanted the bike path. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7. 1994 EAGE 3 � Councilwoman Jorgenson stated that the County feels there is a need to upgrade East River Road. She stated that the City is respon- sible for the bike patho and they felt they had to get bicyclists off East River Road. Mr. Heldenbrand stated there are only about two bicycles a week on East River Road. Mr. Flora stated that the Anoka County Park Depar�ment is construc- tiing a bike path from the Coon Rapids dam all the way to Minnea- polis. The bike path is part of the system, and will connect with the regional trail system. Mr. Fox, 7231 East River Road, stated that he attended most of the hearings that have been held pertaining to the widening of East River Road. He stated that, at that time, there was consideration given to widening Ashton Avenue. He asked if Ashton Avenue would be widened in the future. He stated that the fourteen homes involved filed a petition not to have this street widened. Mr. Flora stated that there are no plans at this time to extend Ashton Avenue. Mr. Burns stated that he believed that the Council direc�ed that � the Ashton Avenue extension be removed from the County's plans. Mr. Fox stated that over the last two years, there have been four- teen accidents in front of his home, many in his own yard. He stated that trees that have been hit are 45 feet off East River Road. He felt that before a bike path was constructed, the Council has to look at the safety issue. He felt that there may be a safer spot to install the bike path rather than on East River Road. He questioned the wisdom of placing the bike path on this road when it could be located on the side streets. He stated that construc- ting a bike path on East River Road is asking for trouble. Mr. Flora stated that it is planned to maintain a distance of �en feet from the curb to the bike path. Mr. Darrel Madsen, 7191 East River Road, stated that the City and the County have easements in front of his home. He asked if he would be assessed for curb and gutter. Mr. Flora stated that Mr. Madsen owns the property in front of his home, and he would be assessed for curb and gutter in front of his property. Mrs. Melody Madsen, 7191 East River Road, stated that when they built their home they had to get permission to drive over the ease- � ment to install a driveway on East River Road. She said that if that is the City�s property and they need permission to cross, she questioned why they should have to pay for improvements. � � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7. 199� PAGE 4 Mr. Flora stated that he is not aware that the City, at any time, gave people special permission to drive over the easement. Mrs. Madsen stated that they had to go �o the City and County to obtain the right to cross that easement. Councilwoman Jorgenson asked if the easement was recorded on the deed. Mrs. Madsen stated that she believed it was on the deed. Councilwoman Jorgenson asked Mrs. Madsen to mail a copy to her attention. No other persons in the audience spoke regarding this improvement project for East River Road. MOTION by Councilwoman Bolkcom to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared tihe motion carried unanimously and the public hearing closed at 7:57 p.m. OLD BUSINESS: 2. ORDINANCE NO. 1038 AMENDING CHAPTER 513 OF THE FRIDLEY CITY CODE, ENTITLED "REGULATION OF SKATEBOARDS, ROLLERSKIS, ROLLERSKATES AND ROLLERBLADES" TO AMEND THE WORD "ROLLERBLADE:" MOTIOI+I by Councilman Schneider to waive the reading and adopt Ordinance No. 1038 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. 3. CONSIDERATION OF APPOINTMENT TO PARKS AND RECREATION COMMISSION (TABLED 9/30/94): Mayor Nee removed this item from the tablee MOTION by Councilman Billings to nominate Sue M. Price, 7449 Melody Drive, for appointment to the Parks and Recreation Commission. Councilman Billings stated that Ms. Price is currently a member of the Energy and Environmental Quality Commission and has demonstra- ted her ability to work well with others. He stated that she is the mother of two young children and a lifelong resident of the Columbia Heights/Fridley area, He stated that she is a resident of School District No. 16, and he felt she would bring balance and insight to the Commission that will be helpful in making clecisions. There being no further nominations, Mayor Nee declared the nominations closed. � �I I �J � FRIDLEY CITY COUNCIL MEETING OF NOVEMSER 7, 1994 PAGE 5 MOTION by Councilman Billings to cast an unanimous ballot for the appointment of Sue M. Price to the Parks and Recreation Commission. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. APPROVE INTOXICATING LIQUOR LICENSE FOR THE SHARX CLUB/SHARX SPORTS BAR (WARD 31 (TABLED 10/17/941: MOTION by Councilwoman Bolkcom to remove this item from the table. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Pribyl, Finance Director, stated that one of the concerns voiced at the public hearing was the issue relating to teen night and all age night at this establishment. Councilwoman Bolkcom stated that Council requested a breakdown on the police calls and asked Mr. Sallman to address this issue. Mr. Sallman, Public Safety Director, stated that he has prepared a breakdown of the police calls at Mr. DeFoe's Waterworks Beach Club in Circle Pines taken from the Lexington/Circle Pines police records. He reviewed all the police ca1Ts for 1993 and 1994 which included 133 incidents in 1993 and 101 incidents in 1994. He stated that for each year there were eleven assaults. Mr. Sallman stated that in comparison with Fridley estabTishments, in 1993, Roper's had 27 incidents with five assaults. He stated that probably the most active establishment in Fridley had 26 calls for service with one assault. He stated that Fridley does not really have an establishment that compares with the waterworks Beach Club in relation to the number of calls for service. He stated that the one establishment that probably came closest to this number of calls was George's in Fridley before they eaent out of business. Councilwoman Jorgenson askec3 Mr. Sallman if he woulci recommend a provisional liquor license. Mr. Sallman stated that Council has the ability to revoke a license, but he did not know if the ordinance provides for a provisional or probationary license. He stated that technically speaking, a liquor license is always subject to probat.ion. Mr. Gregg Herrick, Assistant City Attorney, stated that Council has wide discretion in the issuance or revocation of a liquor license. He stated that the code provides for an annual license and, if the Council has concerns, they probably could issue a provisional license. He stated that if a liquor license was issued for a year and there were significant problems, the Council could take action to revoke the license. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 1999 PAGE 6 � Councilman Schneider asked if revocation of a license could be related to the number of police callso Mr. Herrick stated that this could be the basis for revocation of a license. Councilwoman Bolkcom felt that it may be in the best interests of the City to issue a license for only six months if there are con- cerns about the operation of Mr. DeFoe's establishments. She stated that her concern is that Mr. DeFoe would not call the police if it could be a basis for revocation of his license. Mr. Sallman stated that the predecessors at this location took the approach of not calling the police, and he felt that it had a lot to do with them going out of business. He stated that if someone is assaulted at a bar, the police are going to hear about it, He felt that the issues that would concern the Council are not lock- outs or miscellaneous service calls but assaults and crimes that occur at this establishment. He stated that it is the license holder that has to set a strong code of conduct and keep control. Mr. DeFoe, the petitioner, stated that he knows he calls the police a lot at his establishment in Circle Pines. He stated that if there is a fight, the police are called, and this is an assault. � He stated that thefts are hard to control, as people leave their purses unattended. He stated that he calls the police when there is any problem, but he did not realize this would be he1cY against him. Councilwoman Bolkcom stated that this is not being held against him, as she would want him to involve the police if there is a problem in order to keep control. Mayor Nee asked Mr. DeFoe how he felt abou� a six-month liquor license. Mr. DeFoe stated that he would like the liquor license for a yeare Councilman Billings asked if there was a fee structure calculated on less than a year. Mr. Pribyl stated that the liquor license is an annual license but could be pro-rated on a six month basis. Mr. Herrick felt that it would be better to issue an annual license, because there is nothing in the code for a six month license. He stated that if there is a significant question regar- ding the management, there should not be a problem in pro-rating the fee for a six-month period. � Councilman Schneider stated he felt that staff should submit a report in six months whether the license was issued for six months or a year. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7. 1994 PAGE 7 � MOTION by Councilwoman Bolkcom to approve the intoxicating liquor license for the Sharx Club/Sharx Sports Bar, 3720 East River Road, with the stipulation that teen nights or all age nights will not be permitted and that the license be granted for one year, but it be reviewed in six months with a report from staff. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, 5. AMENDED RESOLUTION CONFIRMING ASSESSMENT FOR 64TH AVENUE STORM WATER IMPROVEMENT PROJECT N0. 260 (TABLED 10/17/94 : Mayor Nee ramoved this item from the tablee Mr. Flora, Public Works Director, stated that during the assessment hearing for this pro�ect, the residents at 1372 and 1384 64th Ave- nue raised the issue of storm water in their rear yards. He stated that this improvement project was along the front of their proper- ties on 64th Avenue, and a detention basin was constructed on two of the three lots the City owned off Rice Creek Road. He stated that in surveying the rear yards of these two properties, there is a high point that runs along the rear property lines and two depressions that have no outlet. Mr. Flora stated that the residents at 1372 and 1384 64th Avenue � have alleged that the pond overflowed and contributed to the flooding of their property. He stated that in April, 1994, there was over seven inches of rain. He stated �hat staff inspected the City's pond during this period and found �hat water oould not have flooded the area. He stated that these rear yards are designated wetlands, and the water was due to the heavy rainfall and high water table. Councilman Schneider stated that both the Schwartzas and the Dahlbarg's believe that the improvement may �ave caused additional water on their property. He stated that the Schwartz°s have aiso indicated that the map designating the area as wetland was not the same map that was used when the hearing was held last year. Mr. Flora stated that the rear yards are low and have always had water. He stated that 1493 was an extremely wet year, and with the heavy rain in the spring of 1994, it resulted in water in the rear yards of these propertiese Councilman Schneider felt that the City should probably hire an independent engineer to review this project and determine if there is any way this storm water improvement could have caused the problem. He stated that if there is a study and it is determined that there is a benefit to these properties, he wanted the Schwartz's and the Dahlberg's to be able to pay the assessment in � full if they so desired. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 1994 PAGE 8 � Councilman Billings stated that this project was to take care of storm water problems primarily north of the site and cottstruct a new storm sewer system on the north side of the street. He asked if the intent of the projeat was to remove water from these back yards. Mr. Flora stated that it was not the intent of the project to remove water from these rear yards. Councilman Billings pointed out that in April of this year, other properties were in danqer of flooding because of �he heavy rains. He said that there were problems all over the City. Councilman Schneider stated that the intent of the project was not to alleviate all the problems, but the property owners are stating the improvement has caused more problems. Councilman Billings stated that the fact that there is standing water in their back yards is because their rear yards are lower than the ditch and/or there is a ridge that prevents the water from getting from their back yard to the ditch. Mr. Schwartz, 1372 64th Avenue, stated that there is a large volume of water draining into the ditch. When the pond was built he felt , it was not deep enough. He stated that the holding pond was sup- pose to correct the problem, but there is only a foot difference in the elevation of their rear yard and tfie pond. He felt that the water overflowed the ditch into his rear yard. He stated that the volume of water in there now is unbelievable. He stated that the storm water system was really built for those homes on Central Avenue and not for those on 64th Avenue, which they questioned before the projeot was aonstructed. Mayor Nee stated that the property owners are not claiminq damages to their property but stating �hat it does not benefit their property. Mr. Schwartz stated that the improvement did not benefit their property, and he felt it made the situa'tion worse. Mrs. Schwartz, 1372 64th Avenue, stated that what has changed is the volume of water coming into the area. She felt that it was spilling over the north side of the ditch. She stated that prior to the project, the lowest part of their lot did not have any water. Mr. Flora stated that what �he Schwartz's are being assessecl for is surface water coming from Mississippi Street. It is now being collected into a pipe to the Cen�ral Avenue system. � Mrs. Dahlberg, 1384 64th Avenue, stated that she has lived at this address since 1949, and she had gardens in her back yard. She � � � FRIDLEY CITY COUNCIL MEETYNG OF NOVEMHER 7. 1994 PAGE 9 stated that it is not a wetland, an� she has never had water like she experienced this year since the storm water improvement project was installed. Councilwoman Jorgenson stated that she would be in favor of an independent engineer reviewing this project to determine if there was any adverse impact on these properties. Mr. Burns stated that he has received an estimate for this study, and it would range from $1,o0D to $1,500. He stated that this cost could be paid from the non-departmental budget which is to be used for non-programmed studies. He felt that this clearly fits that definition. MOTION by Councilman Schneider to direct staff to hire an indepen- dent engineering consultant to review the 64th Avenue Storm Water Project No. 260, specifically, with regard to the Schwartz and the Dahlberg properties to assess benefits and/or damages to these properties, and the cost of the study is not to exceed $1, 500. Seconded by Councilwoman Jorgenson. Councilman Billings asked if the consulting engineer would make the determination if there is a benefit or not to the properties. Councilman Schneider stated that is his intent of the motion. Mr. Flora stated that a determination should probably be made if this will be a continuing problem. He stated that the assessment is for the street, and he felt that this is a wetland issue whzch will be here for a long time. He stated that he hoped the issue can be put to rest. Mr. Burns stated that the study would be done to verify the benefit of this improvement project to the 5chwartz and Dahlberg properties. He stated that it would include a review of the project and the detention basin design; spot check elevations by Maier Stewart and Associates and the Ci�y and shoot all elevations for the detention pond and the Schwartz/ Dahlberg back yards be reshot if necessary. He stated that the study should interpret the impact of the detention pond given existing elevations for the pond and surrounding property and the impact of other project elements on the Schwartz/Dahlberg properties. Councilman Schneider stated that this improvement project was never designed to solve the problems in these �ack yards. He statecl that he recalls �his statement, and this question should probably be researched. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. � ' � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 1994 PAGE 10 MOTION by Councilman Schneider to table this resolution indefin- itely. Seconded by Councilman Billings, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 6. RECEIVE THE MINUTES OF THE PLANNTNG COMMISSION MEETING OF OCTOBER 19, 1994: A. ESTABLISH A PUBLIC HEARING FOR NOVEMBER 21. 1994, FOR A REZONING REOUEST, ZOA #94-03, BY DAVID STEWART, TO REZONE PROPERTY FROM C-1. LOCAL BUSTNESS. TO R-1, SINGLE FAMILY DWELLING. TO ALL�W PARKING AND DUMPSTER PLACEMENT, GENERALLY LOCATED WEST OF 5720 POLK STREET AND NORTH OF MOORE LAKE APARTMENTS (WARD 21: MOTION by Councilman Schneider to set the public hearing on Rezoning Request, ZOA #94-03, for November 2T, 1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. E5TABLISH A PUBLIC HEARING FOR NOVEMBER 21, 1994, FOR A VACATION REQUEST. SAV #94-03, BY MEARLIN NORDSTROM , TO VACATE PART OF THE DRAINAGE AND UTILITY EASEMENTS GENERALLY LOCATED AT 501 RICE CREEK BOULEVARD N.E. (WARD 11: MOTION by Councilman Billings to set the public hearing on Vacation Reques�, SAV #94-03, for November 21, 1994. Seconded by Council- woman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Counailman Billings to receive the minutes of the Plan- ning Commission Meeting of October 19, 1994. Seconded by Council- woman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF OCTOBER 25. 1994: A. VARIANCE REQUEST, VAR #94-27, BY PERCY TAYLOR FOR TALCO, INC.. TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 15 FEET IN ORDER TO ALIAW THE CONSTRUCTION OF AN ADDITIONa GENERALLY LOCATED AT 7835 MAIN STREET N.E.: Mr. Hickok, Planning Coordinator, stated that this is a request for a variance to reduce the rear yard setback from 25 feet to 15 feet to allow construction of a 10 foot by 20 foot enclosure for a compressor. He stated that the compressor is now located inside the facility and poses some noise problems. He stated that the possibility of locating this compressor in the warehouse or shop area was discussed but was not a viable option. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 1994 PAGE 11 �Mr. Hickok stated that the Appeals Commission unanimously recom- _ mended approval of this variance and staff concurs with this recommendation. MOTION by Councilwoman Bolkcom to grant Variance Request, VAR #94-27, with the stipulation that the addition be architec- turally compatible with the existing building. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. APPROVE SPRINGBROOK RESOURCE INVESTSGATION PROJECT/CLEAN WATER PARTNERSHIP PHASE I RESOURCE INVESTIGATION GRANT: Mr. Hickok, Planning Coordinator, stated that Council is being asked to endorse a grant application to the Minnesota Pollution Control Agency for the Springbrook Nature Center for Phase I of the Resource Investigation. He stated that this grant would allow the investigation and identification of non-point sources of pollution. He stated that examples of non-point source pollution include urbanization, use of pesticides and fertilizers, animal feedlot management, agricultural land management, construction site prac- tices, septic systems, mining activities, forest management, and roadway de-icing materials. He stated that the results of this pollution include the loss of wetlands, sediment build-up, and a � general decline in water quality. Mr. Hickok stated that the request is for $30,000 from the Minne- sota Pollution Control Agency for the s�udy at a cost of $44,950 plus $12,200 for the educational portion and $3,000 for management and administration, for a total of $60,150. He stated that other sources of revenue would include cash contributions and in-kind contributions. Mr. Hiokok stated that this evening marks the 2oth anniversary of the deoision to create the Springbrook Nature Center in the City. He stated that the Nature Center has evolved and attracted inter- ested parties from every state in the nation as well as 39 foreign countries. Mr. Hickok stated that the grant centers around the water quality and quantity. He stated that at least a 66 percent loss in emer- gent vegetative cover has occurred at the Nature Center in the las� five years; an increase in algae and coontail in open areas since cattails began dying off; a decrease in waterfowl and waterbird nest areas and success of those remaining; an increase in rate of siltation and subsequent reduction in wetland area; an increase in water flow rates and bounce after storm events; and an absence of the type of invertebrate species indicative of a healthy wetland. � Mr. Hickok stated that Lisa Campbell of the City staff held a meeting to discuss this grant application with surrounding cities. He stated that she coordinated the completion of the grant applica- ------------------------------------ FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, T994 PAGE 12 � tion. xe stated that the Six Cities Watershed Management organiza- tion has agreed to sponsor this grant application. He stated that because the Nature Center is located in Fridley, the City would be the largest contributing sponsor, contributing $1,500 in cash con- tributions, and $16,040 in-kind contributions. He stated that City staff would be responsible for grant administration and completion of the educational components. He stated that the cities of Blaine, Coon Rapids, and Spring Lake Park have agreed to provide cash and in-kind contributions. He stated that other interested parties and partners include local businesses, the Anoka Conserva- tion District, and the Six Cities Watershed Management organization. Mr. Hickok stated that the objectives are to identify and document water quantity and quality throughout the Springbrook Subwatershed; minimize bounce ef£ect o£ water flow into Springbrook Nature Center wetland; return and preserve desired plant and animal life through- out the subwatershed and at the Nature Center complex; direct sil- tation dropout to areas where it can be easily removed; and educate and motivate Springbrook Subwatershed citizenry to actively parti- cipate in resource management strategies that will promote water quality throughout the subwatershed. Mr. Hickok stated that there would be another phase of this grant � program which is the implementatiori grant and that would be a separate application. Mr. Siah St. Clair, Natural Resources Coordinator, stated that over the last several years they have had a significant increase in water levels and damage to boardwalks at the Nature Center. He stated that i£ the City works with upstream landowners and other cities regarding the flow and quality of the water, he felt that they could make some changes. MOTION by Councilwoman �olkcom to approve the application for the Springbrook Resource Investigation Project/Clean Water Partnership Phase I Resource Investigation Grant and authorize the City Manager to execute the letter of support. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. APPROVE MASTER GRANT CONTRACT BETWEEN THE CITY OF FRIDLEY AND MEDICA CHOICEc Mr. Hunt, Assistant to the City Manager, stated that each year the City contracts for health care services through the joint powers agreement with Anoka County. He stated that the choice of provi- ders and rates is made by the County Board, and the City is being requested to approve the master grant contract. � MOTION by Councilman Schneider to approve the master qrant contact between the City and Medica Choice and authorize the Mayor and City FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 1994 PAGE 13 � Manager to enter into the contract. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. APPROVE PLACEMENT OF STREET LIGHT ON WEST DANUBE ROAD BETWEEN EAST DANUBE ROAD AND NORTH INNSBRUCK DRIVE (WARD 2): Mr. Flora, Public Works Director, stated that a petition has been received for a street light on West Danube Road. He stated that Mr. Nault, who initiated this request, has received support from his neighbors for the street light. He stated that staff recommends the installation of the street light between 5535 and 5555 West Danube Road. He stated that the property owner at 5575 did not support the street light but would not object if it was not installed between his property and 5555 W. Danube Road. Mr. Nault stated that he, as well as his neighbor, have had several acts of vandalism and wanted the additional lighting. MOTSON by Councilman Schneider to receive Petition No. 10-1994 for a street light on West Danube Road. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � MOTION by Councilman Schneider to direct staff to install a street light between 5535 and 5555 W. Danube Road. Seconded by Council- woman Jorgenson. Councilman Billings asked the City's policy for installation of a street light. Mr. Flora stated that for a mid-block street light there has to be an excess of 1,200 feet between lights, but there is an exception for curves and hills. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 11. APPROVE CHANGE OR�ER NO. 2 TO LOCKE PARK FILTER PLANT PROJECT N0. 240: Mr. Flora, Public Works Director, stated tha� a number of miscella- neous items have been added or subtracted to this project, and this change order is for a deduction of $3,126.83. MOTION by Councilman Schneider to authorize Change Order No. 2 to the Locke Park Filter Plant Project No. 240 with NewMech for a reduction in the original contract of $3,126.83. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee � declared the motion carried unanimously. � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 1994 PAGE 14 12. MOTION TO SCHEDULE A SPECIAL CITY COUNCIL MEETING BEFORE THE CITY COUNCIL CONFERENCE MEETING ON MONDAY, NOVEMBER 14,1994: Mr. Burns, City Manager, stated that the purpose of this special meeting is to receive the Statement of Canvass from the election, MOTION by Councilwoman Jorgenson to approve the scheduling of a special City Council meeting on Monday, November 14, 1994 at 7:30 p.m. to receive the Statement of Canvass from the election. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. APPOINTMENT: CITY EMPLOYEES: Mr. Burns, City Manager, stated that he wished to recommend two persons, Kim Herrmann and John Berg, for appointment as full-time Firefighters for the City. He stated that Mr. Herrmann attended Anoka Ramsey Community College and North Hennepin Community College. He stated that he has worked for the Public Works Depart- ment since April, 1985 and was a paid on-call firefighter for the City since January, 1988. He stated that Mr. Herrmann has various computer training and holds certificates in fire fighting operations. � Mr. Burns stated that Mr. Berg attended North Hennepin Community College, Minneapolis Technical College, and NEI College of Technology. He stated that he was a firefighter for Columbia Heights for eight years and a paid on-call firefighter for Fridley since September, 1987 including being a Fire Captain since January, 1991. He stated that Mr. Berg also holds certificates in fire fighting operations and has experience in enforcing the Uniform Fire Code, Building Code, Life Safety Code, and portions of the Plumbing and Electrical Codes. Mr. Burns stated that one opening was due to the retirement of Gary Larson, and the other opening was created by the institution of the rental inspection program. MOTION by Councilman Billings to concur with the following appointments by the City Manager: Name Kim Herrmann John � Berg � Position Firefighter Non-exemp� Firefighter Non-exempt Starting Salarv $12.61 per hour $12.61 per hour Starting Date Renlaces Nov. 8, Gary 1994 Larson Nov. 20, NeW 1994 Position FRIDLEY CITY CQUNCIL MEETING OF NOVEMBER 7, 1994 PAGE 15 � Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. INFORMAL STATUS REPORTS: Councilwoman Jorgenson asked if there were any items for discussion after the Council meeting. Mr, Burns, City Manager, stated that there are several items which he outlined as follows: (1) organizational plan for community wide clean-up day; (2) Rice Creek Townhouse playground proposal; (3) playground maintenance agreement with School District No. 14; (4) demolition of Findell house at Riverview Heights Park; (5) consul- ting contracts for IS Five-Year Plan review and VRU speci£ications; (6) demolition of house on 6th Street; (7) Cable Television Commis- sion's recommendation regarding increase in ETC budget; (8) propo- sal for a three story Lake Pointe office building; (9) County ownership of property on 57th Place; and (10) water and sewer Com- prehensive Plan amendments. He stated that he would also like Council to consider the proposed 1995 calendar, He wondered if these dates were acceptable, as action should be taken soon on this item. Mayor Nee requested that Mr. Flora outline the issues raised by the � League of Women Voters in Coon Rapids on a development in that city. Mr. Flora stated that the City of Coon Rapids authorized the con- struction of a commercial complex between Highway l0 and University Avenue and a wetland is located within this development. He stated that this issue was before the Technical Review Commit-tee, and there was a two to one vote to authorize construction within the wetland. He stated that the Anoka County Soil and Water Conserva- tion District disagreed with that decision and went to the League of Women Voters. An appeal was submitted to the Board of Water anci Soil Resources (BWSR) to review the deoision and, hopefully, reverse it. He stated that BWSR is obtaining comments from the cities abutting this development. He stated that since BWSR is represented on the Technical Review Committee, he believes that the Technical Review Committee's recommendation will stand. Mayor Nee asked riow this development would affect Springbrook Nature Centere Mr. Flora stated that, basically, it should not have any affect. He stated that it is within the City of Coon Rapids° commercial and industrial area where they have constructed ponding. He stated that there is a maximum amount of flow that can enter the City of Coon Rapids. Mr. Flora stated that he did not feel the development � would have an adverse impact on the 5pringbrook Nature Center. He stated that he has responded, as a representative of the six Cities Watershed District, acknowledging that the information was received. � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7. 1994 PAGE 16 14A. CONSIDERATION OF NOMINATION OF POTENTIAL MEMBERS TO SERVE ON THE RICE CREEK WATERSHED DISTRICT: Mayor Nee stated that Mr. Flora has proposed three names be submitted for aonsideration for appointment to the Rioe Creek Watershed District. MOTION by Councilwoman Jorgenson to concur with Mr. Flora's recom- mendation tio submit the names of the following persons to be con- sidered for appointment to the Rice Creek Watershed District: (1) Robert Barnette, 541 Rice Creek Boulevard; (2) Scott Lund, 580 69th Avenue; and (32) Robert Sohroer, 490 Rice Creek Boulevard. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. CLAIMS: MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 58430 through 58796e Seconded by Councilman Schneidere Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. LICENSES• � MOTSON by Councilwoman Bolkcom to approve the licenses as submitted and as on file in the License Clerk's Of£ice. Seconded by Council- woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. ESTIMATES: MOTION Eay Councilwoman Jorgenson to approve the estimates as submitted: Bituminous Consulting & Contractinq Co., Inc. 2456 Main Street N.Ee Blaine, MN 55449 Concrete Street Repair - Kerry Lane Project No. ST 1994-12 FINAL ESTIMATE . . , . . . , . . . , . Proqressive Contractors, Inc. 8736 Zachary Lane Osseo, MN 55369 Concrete Street Repair Project No. ST 1994-7 FINAL ESTIMATE . . . . I_ J $ 1,717.55 - North/South Innsbruck Area . . . . . . , , , . $138,958.10