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11/09/1998 - 00000302THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CTTY COUNCIL OF NOVEMBER 9, 1998 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Councilmember Barnette, Councilmember Billings, Councilmember Bolkcom, and Councilmember Schneider MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING — OCTOBER 19, 1998: MOTION by Councilmember Bolkcom to approve the minutes of the October 19, 1998 City Council Meeting as presented in writing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. SPECIAL CTTY COUNCIL MEETING — NOVEMBER 5, 1998: MOTION by Councilmember Schneider to approve the minutes of the November 5, 1998 Special City Council Meeting as presented in writing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. PROCLAMATION: Mayor Jorgenson read a Proclamation declaring the month of November 1998 as Home Health Care Month in the City of Fridley, Minnesota. PRESENTATION: Mr. Richard Tostenson of Senator Rod Grams' office was in attendance to present the City of Fridley with an award for Outstanding Achievements in Crime Prevention. He read a letter to the FRIDLEY CTTY COUNCIL MEETING OF NOVEMBER 9, 1998 PAGE 2 City of Fridley from Senator Grams in which he thanked Fridley for their efforts in encouraging community input in preventing crime. Dave Sallman, Public Safety Director, was present to accept the award on behalf of the City of Fridley. Additionally, recognition was given to those citizens who have actively participated in Fridley's National Night Out. APPROVAL OF CONSENT AGENDA: OLD BUSINESS: 1. ORDINANCE NO. 1120-1998 UNDER SECTION 12.06 OF THE CTTY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF (ALLEY IN HYDE PARK): Mr. Burns, City Manager, explained that this action would allow the City to deed the State's half of a vacated alley to the owners of three properties located between 6007 and 6017 Third Street. APPROVED ORDINANCE NO. 1120-1998 DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF. 2. RESOLUTION NO. 88-1998 ADOPTING ASSESSMENT FOR RICE CREEK BANK STABILIZATION PROJECT NO. 309 (TABLED OCTOBER 19, 1998): Mr. Burns, City Manager, explained that by this action, twenty-two property owners would be assessed $57,164.80 for a creek bank armoring project along Rice Creek At the last Council meeting, one owner, Bruce Lester, objected to his assessment stating that it was nearly twice as large as the original estimate. Since that time, staff worked with the contractor for the project and with Mr. Lester to resolve Mr. Lester's issues. APPROVED RESOLUTION NO. 80-1998, ADOPTING ASSESSMENT FOR RICE CREEK STABILIZATION PROJECT NO. 309. NEW BUSINESS: 3. RESOLUTION NO. 81-1998 APPROVING A FINAL PLAT, P.S. #98-02, FRIDLEY EXECUTIVE CENTER (WARD 1): Mr. Burns, City Manager, explained that on March 3, 1998, Council approved the preliminary plat for the Fridley Executive Center based on an application by the Housing and Redevelopment Authority (HRA) and MEPC American Properties. As a result of Medtronic Inc.'s interest in the property, the final plat for the property has been revised to describe the property as two lots, one for the Torrens portion of the property and the other for the abstract portion of the property. This revision will simplify legal descriptions for the property and the closing process for the sale of the first portion of the property to Medtronic Inc. neat spring. Medtronic Inc. will be filing its plat application and other necessary land use application for the first phase of their development before the end of the year. THIS TTEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR COUNCIL AGENDA, IMMEDIATLEY FOLLOWING TTEM 23. 4. RESOLUTION NO. 82-1998 ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLTTAN LIVABLE COMMUNTTIES ACT FOR CALENDAR YEAR 1999: Mr. Burns, City Manager, explained that the Metropolitan Livable Communities Act creates grant incentives for cities to create affordable housing, clean up polluted sites for businesses, and encourage compact development that links jobs, housing and transportation. Since Fridley has benefited from these FRIDLEY CTTY COUNCIL MEETING OF NOVEMBER 9, 1998 PAGE 3 5. grant programs in the past and since they want to use them in the future, staff recommended that Council adopt a resolution agreeing to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act for the year 1999. APPROVED RESOLUTION NO. 82-1998, ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLTTAN LIVABLE COMMUNTTIES ACT FOR CALENDAR YEAR 1999. NORTH 1°� ADDTTION AND CREATES A NEW DEVELOPMENT PARCEL IN THE NORTHWEST CORNER OF THE HOLIDAY PLUS STTE, GENERALLY LOCATED AT 250 57Tx AVENUE N.E. (WARD 3): Mr. Burns, City Manager, noted that the proposed plat was the Holiday North 2"d Addition. This is the plat that was approved preliminarily in March of this year to accommodate a combination gas station/convenience store/car wash on the 57�' Avenue Holiday site. The final plat incorporates the changes required by the six stipulations to the preliminary plat. It also creates two new changes. These changes establish an additional 17 feet of dedicated street, utility and drainage easement along Main Street as requested by Anoka County, and movement of the eastern boundary for the new lot. Mr. Burns explained that while staff concurred with both of these changes, they did not concur with a second County request that would restrict additional access from the property to Main Street. THIS TTEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR COUNCIL AGENDA FOLLOWING TTEM 23. 6. RESOLUTION NO. 84-1998 REPEALING RESOLUTION 49-1998 AND APPROVING A NEW RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #98-01, TO CREATE TWO RESIDENTIAL LOTS, ON LOT 1, BLOCK 2, BROOKVIEW SECOND, GENERALLY LOCATED AT 1027 MISSISSIPPI STREET N.E. (WARD 11: Mr. Burns, City Manager, explained that this resolution would replace an earlier resolution that referred incorrectly to the location of the subject property. Instead of listing the property as located in Brookview Second Addition, it should be listed as being located in Brookview Second. This resolution would reflect the necessary change. APPROVED RESOLUTION NO. 84-1998, REPEALING RESOLUTION 49-1998 AND APPROVING A NEW RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #98-01, TO CREATE TWO RESIDENTIAL LOTS, ON LOT 1, BLOCK 2, BROOKVIEW SECOND, GENERALLY LOCATED AT 1027 MISSISSIPPI STREET N.E. APPROVAL OF COMPREHENSIVE SIGN PLAN FOR THE FRIDLEY CROSSING COMPLEX, 100 OSBORNE ROAD N.E. (WARD 3): Mr. Burns, City Manager, stated that Robert C. Cote on behalf of the Fridley Crossing Complex has submitted this plan. According to the plan, each of six tenants will have attached signs composed of formed plastic, maroon letters that shall be between 15 inches and 18 inches high. APPROVED COMPREHENSIVE SIGN PLAN FOR THE FRIDLEY CROSSING COMPLEX, 100 OSBORNE ROAD N.E. 8. APPROVE AMENDMENT TO THE COMPREHENSIVE SIGN PLAN FOR THE RICE CREEK BUSINESS CENTER, 7120 UNIVERSTTY AVENUE N.E. (WARD 3): Mr. Burns, City Manager, explained that Tony Maki of Advanced Awning Design on behalf of the property owner, United Properties, has submitted this request. The amendment will allow internally lit awnings with FRIDLEY CTTY COUNCIL MEETING OF NOVEMBER 9, 1998 PAGE 4 graphic materials in lieu of attached signs composed of 12 inch plastic letters. If this amendment is approved, staff will preview all awnings with signage. THIS TTEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA, FOLLOWING TTEM 23. 9. RESOLUTION NO. 85-1998 REQUESTING A 12-MONTH EXTENSION OF THE DECEMBER 31, 1998, DUE DATE FOR REVIEW OF THE CTTY (TOWNSHIP) OF FRIDLEY'S COMPREHENSIVE PLAN FOR CONSISTENCY WTTH AMENDED METROPOLTTAN COUNCIL POLICY PLANS: Mr. Burns, City Manager, stated that while staff expects all eight chapters of the revised comprehensive plan to be completed and ready by mid-1999, they are asking that Council request a twelve-month eatension of the deadline for submitting the revised plan. The eatension will allow staff and the consultant time to complete the work, as well as conduct a meaningful citizen review process. APPROVED RESOLUTION NO. 85-1998, REQUESTING A 12-MONTH EXTENSION OF THE DECEMBER 31, 1998, DUE DATE FOR REVIEW OF THE CITY (TOWNSHIP) OF FRIDLEY'S COMPREHENSIVE PLAN FOR CONSISTENCY WTTH AMENDED METROPOLTTAN COUNCIL POLICY PLANS. 10. RESOLUTION NO. 86-1998 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND AND THE CAPTTAL IMPROVEMENT FUND FOR THE THRID QUARTER OF 1998: Mr. Burns, City Manager, explained that the adjustments have arisen as a result of donations and unforeseen expenditures. The General Fund changes amount to $11,178. Most of this is attributable to the Police Department's Post Board training reimbursement (from the State) and related expenditures. The Capital Improvement Fund adjustment of $318,530 reflects the receipt of Municipal State Aid for Lake Pointe intersection improvements. APPROVED RESOLUTION NO. 86-1998, AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND AND THE CAPTTAL IMPROVEMENT FUND FOR THE THIRD QUARTER OF 1998. 11. RESOLUTION NO. 87-1998 ADOPTING ASSESSMENTS FOR DRIVEWAY IMPROVEMENTS FOR CERTIFICATION TO THE COUNTY AUDTTOR FOR COLLECTION WTTH THE 1999 TAXES: Mr. Burns, City Manager, explained that this resolution would authorize the collection of $6,800.39 from three property owners for hard surface driveway improvements. The property owners have agreed to the costs. The amount will be spread over five years, beginning in 1999, at an interest rate of seven percent. APPROVED RESOLUTION NO. 87-1998, ADOPTING ASSESSMENTS FOR DRIVEWAY IMPROVEMENTS FOR CERTIFICATION TO THE COUNTY AUDTTOR FOR COLLECTION WTTH THE 1999 TAXES. 12. APPROVAL OF CONTRACT WTTH EPIC USA FOR CONSULTING SERVICES FOR THE ACQUISTION OF A NEW TELECOMMUNICATIONS SYSTEM: Mr. Burns, City Manager, explained that the 1998 Capital Improvements budget provides $110,000 for all costs related to the replacement of the City's telephone system. EPIC USA was used as the city's consultant ten years ago when the existing telephone system was purchased. The City was pleased with their prior work and recommended that they be hired again to design a new telephone system, develop specifications for this system and to review the bids that are received. The cost for this work will not exceed $25,000. FRIDLEY CTTY COUNCIL MEETING OF NOVEMBER 9, 1998 PAGE 5 APPROVED CONTRACT WTTH EPIC USA FOR CONSULTING SERVICES FOR THE ACQUISTTION OF A NEW TELECOMMUNICATIONS SYSTEM. 13. APPROVE RE-STATED JOINT POWERS AGREEMENT ESTABLISHING THE SIX CTTIES WATERSHED MANAGEMENT ORGANIZATION: Mr. Burns, City Manager, explained that the amendments to the joint powers agreement reflect changes in state law as it relates to these organizations. He noted the changes as follows: Section 2.7 has been revised to list the duties of the officers of the organization. Section 29 has been amended to require reasonable public notification of the organization's meetings and to require that they meet once per year. Section 3.4 includes new language that requires the organization to promote citizen participation through the establishment of committees including a citizen advisory committee. Section 3. ll has been revised to require that ratification of the organization's capital improvement projects shall be in accordance with State law. Section 51 has a new sentence requiring 90 days' notification to Anoka County and the State Board of Water and Soil Resources if the joint powers agreement is to be terminated. APPROVED RE-STATED JOINT POWERS AGREEMENT ESTABLISHING THE SIX CTTIES WATERSHED MANAGEMENT ORGANIZATION. 14. APPROVE CHANGE ORDER NO. 1. FOR 57TH AVENUE RECONSTRUCTION PROJECT NO. ST. 1997-4: Mr. Burns, City Manager, explained that this change order amounts to $5,550.30 and would be used to pay for additions in the amount of Class SA aggregate used for such things as additions to parking lots, business entrances and cross street match-ins. APPROVED CHANGE ORDER NO. 1 FOR 57TH AVENUE RECONSTRUCTION PROJECT NO. ST. 1997-4 TO FOREST LAKE CONTRACTING IN THE AMOUNT OF $5,550.30. 15. APPROVE CHANGE ORDER NO. 2 TO THE FRIDLEY COMMUNTTY CENTER PROJECT NO. 319: Mr. Burns, City Manager, explained that this change order amounts to $4,447. It would be used to cover repair of wiring and conduit that was cut during demolition of the concrete area used for the dance floor ($1,093), the addition of a sprinkler head in the electrical equipment room ($399), installation of fire safe insulation, fire caulk and drywall enclosures ($1,381), additional electrical circuit, receptacles, lights, etc. ($1,117) and installation of a remote switch for the fireplace control ($457). If approved, the change order amount would be paid to Crawford-Merz Construction Company. THIS TTEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA, FOLLOWING TTEM 23. 16. RESOLUTION NO. 88-1998 DESIGNATING TIME AND NUMBER OF COUNCIL MEETINGS FOR 1999: Mr. Burns, City Manager, explained that the proposed calendar includes 23 legislative sessions, eight conference sessions and two budget work sessions. FRIDLEY CTTY COUNCIL MEETING OF NOVEMBER 9, 1998 PAGE 6 APPROVED RESOLUTION NO. 88-1998, DESIGNATING TIME AND NUMBER OF COUNCIL MEETINGS FOR 1999. 17. APPOINTMENTS: CTTY EMPLOYEES: Mr. Burns, City Manager, stated that staff recommends Council's concurrence on the appointments to the following positions: Assistant Finance Director — Alan Folie Assistant Liquor Store Manager — Dennis French Public Services Worker, Parks — Matthew Lonsky Public Services Worker, Water — Philip Perron Public Services Worker, Sewer — Gary Bulman Mr. Burns noted that four of the five appointments are replacements for people who have left the City. The Public Services — Water position will allow the City to provide adequate staffing during long-term disability of a current employee. APPROVED APPOINTMENTS FOR CTTY EMPLOYEES. FRIDLEY CTTY COUNCIL MEETING OF NOVEMBER 9, 1998 PAGE 7 18. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 83599-83934. 19. LICENSES: APPROVED LICENSES AS SUBMTTTED. 20. ESTIMATES: APPROVED ESTIMATES AS FOLLOWS: Frederic W. Knaak, Esq. Holstad and Knaak, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney For the Month of October, 1998 $4,670.00 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of August, 1998 $15,468.75 Forest Lake Contracting 14777 Lake Drive Forest Lake, MN 55025 57�' Avenue Street Improvement Project Project No. ST. 1997-4 Estimate No. 5 $77,556.45 Ron Kassa Construction 7438 Upton Richfield, MN 55423 1998 Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 315 Estimate No. 7 $2,528.71 Councilmember Bolkcom asked that Items 5, 8 and 15 be removed from the consent agenda. Councilmember Billings asked that Item 3 be removed from the consent agenda. Councilmember Billings noted that Item 17 had a revised sheet which was distributed to the Council and replaced Page 17.01 of the agenda packet. MOTION by Councilmember Barnette to approve the consent agenda without Items 3, 5, 8 and 15. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CTTY COUNCIL MEETING OF NOVEMBER 9, 1998 PAGE 8 ADOPTION OF AGENDA: Mayor Jorgenson suggested that Items 3, 5, 8 and 15 of the consent agenda be placed on the regular council agenda, immediately following Item 23. MOTION by Councilmember Billings to approve the Adoption of the Agenda AS AMENDED. Seconded by Councilmember Schneider. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISTTORS: Mayor Jorgenson explained that this is the time reserved for residents to address Council on items that are not on the agenda. There were no questions or comments from the public. PUBLIC HEARINGS: 21. 1998 TREE ABATEMENT: MOTION by Councilmember Schneider to open the public hearing at 7:55 p.m. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OFFICIALLY OPENED AT 7:55 P.M. Mr. Pribyl, Finance Director, explained that this is an annual assessment for those residents who signed an agreement to be assessed for removal of diseased or damaged trees. These trees are generally in the City's right-of- way. There was only one affected property for this particular assessment and the amount of the assessment was $625.00. This will be assessed over a period of five years at a 6.5 percent rate. With no further questions or comments, there was a MOTION by Councilmember Schneider to close the public hearing at 7:59 p.m. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:59 P.M. 22. 1998 NUISANCE ABATEMENT: MOTION by Councilmember Bolkcom to open the public hearing at 8:00 p.m. and to waive the reading. Seconded by Councilmember Schneider. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OFFICIALLY OPENED AT 8:00 P.M. Mr. Pribyl, Finance Director, explained that this assessment was for properties that the City has expended City resources for cleaning up during the last calendar year. Three properties are affected by this assessment. The total amount of the assessment is $3,056.57 over a one-year period at a rate of 6.5 percent rate. With no further questions or comments, there was a MOTION by Councilmember Schneider to close the public hearing at 8:02 p.m. Seconded by Councilmember Bolkcom. FRIDLEY CTTY COUNCIL MEETING OF NOVEMBER 9, 1998 PAGE 9 UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY THE PUBLIC HEARING WAS CLOSED AT 8:02 P.M. OLD BUSINESS: 23. RESOLUTION ADOPTING ASSESSMENT FOR HACKMANN AVENUE/HACKMANN CIRCLE IMPROVEMENT PROJECT NO. ST. 1998-1 (TABLED OCTOBER 19, 1998): Mr. Jon Haukaas, Assistant Public Works Director, explained that staff went out and personally looked at all of the problem properties. Four of the properties have been identified for correction and work will likely begin this week. With respect to the property at 5842 Hackmann Avenue, approximately 30 lineal feet of concrete curb and gutter will be replaced to provide a smoother transition between the driveway and the street. Mr. Haukaas presented a photograph of the subject property and explained the proposed corrective action. Mayor Jorgenson asked if this would correct the problem. Mr. Haukaas stated that he was hopeful that it would. Several options were looked at. One other option was to remove and replace between 20 and 30 feet of the driveway to provide a different slope. This would cost roughly $2,000 to $3,000. After discussions with staff, the curb and gutter replacement option was recommended. Councilmember Schneider asked if it would restore the driveway/curb slope to the same condition as it was prior to construction. Mr. Haukaas stated that it would be similar. Councilmember Billings asked if the recommended corrections would prohibit the second option should it fail to correct the problem. Mr. Haukaas stated that it would not. Mr. Billings felt that some blacktopping might be needed to raise the elevation between the blacktop and the gutter. Mr. Haukaas noted that the property owned by Mr. Tony at 5898 Hackmann would require removal and replacement of 20 to 25 feet of driveway. The properties at 1080 and 1088 Hackmann Circle will require removal of approximately 190 feet of curb and gutter, raising it and repaving out to the centerline to drain across the street. Mr. Haukaas noted that another resident (1072 Hackmann Circle) approached him and indicated that he is also experiencing problems with his driveway. The property at 5818 Hackmann Avenue has had very little change in the gutterline and it is his recommendation that nothing be done. All of the property owners who expressed concern about the project were issued a letter notifying them of any corrective action necessary. They were asked to respond if there were additional concerns. To date, there have been no responses. Mr. Haukaas noted that the work would hopefully commence this week The concrete being used will set in two days rather than two weeks. A discussion followed as to whether or not the assessments should be tabled. It was noted that these assessments must be submitted to Anoka County soon in order to get them on the assessment rolls for 1999. However, if Council desires to hold off, it can be put on the assessment rolls for 2000. In that case, it would be necessary to determine whether interest should be charged. After some discussion, it was decided that it would be appropriate to wait on this matter until such time as the problems have been corrected satisfactorily. If residents wanted to pre-pay their assessments in 1999, the interest could be avoided. Mr. Pribyl stated that he would send a letter to all affected residents in this regard. MOTION by Councilmember Schneider to table this resolution until such time as the driveway problems identified have been satisfactorily corrected. Seconded by Councilmember Bolkcom. FRIDLEY CTTY COUNCIL MEETING OF NOVEMBER 9, 1998 PAGE 10 UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RESOLUTION NO. 81-1998 APPROVING A FINAL PLAT, P.S. #98-02, FRIDLEY EXECUTIVE CENTER (WARD 1): Councilmember Billings stated that he asked that this item be removed from the consent agenda for discussion. The final plat for this project appears to be different than what he remembered the preliminary plat being. In particular, roadways were shown on the preliminary plat as they now exist, and the final plat does not show this. Ms. Dacy, Community Development Director, stated that the preliminary plat included lots, outlots, and public right-of-ways for the streets. The proposal was the same as it was in the preliminary concepts. The plat was originally suited to the needs of MEPC; however, with a new developer, it was difficult to determine what the proposal would look like. Therefore, the City has split the area into two lots to simplify the legal descriptions and closing process for the sale of the property. MOTION by Councilmember Billings to approve Resolution No. 81-1998 Approving a Final Plat, P.S. #98-02, Fridley Executive Center. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RESOLUTION NO. 83-1998 APPROVING A PLAT, P.S. #98-01, TO CREATE A PLAT CALLED HOLIDAY NORTH 2� ADDTTION. THIS PLAT REPLACES LOT 1, HOLIDAY NORTH 1sT ADDTTION AND CREATES A NEW DEVELOPMENT PARCEL IN THE NORTHWEST CORNER OF THE HOLIDAY PLUS STTE, GENERALLY LOCATED AT 250 57TH AVENUE N.E. (WARD 3): Councilmember Bolkcom asked why Anoka County has requested access restriction onto Main Street. Ms. Dacy, Community Development Director, explained that Anoka County would like to be able to control the number of interruptions along the county roadway. However, it was the City's contention that access restrictions may affect the future redevelopment of the site. Councilmember Bolkcom felt that Item 4 of Exhibit A should be clarified to reflect that access restriction does not apply to Main Street. MOTION by Councilmember Bolkcom to approve the adoption of Resolution No. 83-1998 Approving a Plat, P.S. #98-01, to Create a Plat Called Holiday North 2"d Addition, WITH THE AMENDMENT to Item 4 of Exhibit A to read as follows: 4. The petitioner shall agree to restrict access to the three locations shown on the City's plan for 57�' Avenue improvements date February 3, 1998. The access restriction does not pertain to Main Street. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. APPROVE AMENDMENT TO THE COMPREHENSIVE SIGN PLAN FOR THE RICE CREEK BUSINESS CENTER, 7120 UNIVERSTTY AVENUE N.E. (WARD 3): Councilmember Bolkcom stated she has concerns that each tenant of the property could have their own type of awning. She felt strongly that they should all be similar in color and design. FRIDLEY CTTY COUNCIL MEETING OF NOVEMBER 9, 1998 PAGE 11 MOTION by Councilmember Bolkcom to approve the amendment to the Comprehensive Sign Plan for Rice Creek Business Center, subject to amending the proposed sign plan to require tenants who install awnings to match the color and design prepared for University Billiards. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. APPROVE CHANGE ORDER NO. 2 TO THE FRIDLEY COMMUNTTY CENTER PROJECT NO. 319: Councilmember Bolkcom asked why the City would be responsible for repairing the conduit and wiring which resulted during demolition. She questioned why the location of the wiring was not correctly identified on the plans. Councilmember Billings noted that it was possible that the conduit was moved during the course of construction or any number of possibilities as to why the wiring was in the area identified on the original plan. It may be difficult to determine who was responsible for the error. MOTION by Councilmember Schneider to table this item until additional information can be obtained in regard to this matter. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CTTY COUNCIL MEETING OF NOVEMBER 9, 1998 PAGE 12 NEW BUSINESS: 24. RESOLUTION NO. 89-1998 ADOPTING ASSESSMENT FOR 1998 TREE ABATEMENT: MOTION by Councilmember Schneider to approve Resolution No. 89-1998 for 1998 Tree Abatement. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. RESOLUTION NO. 90-1998 ADOPTING ASSESSMENT FOR 1998 NUISANCE ABATEMENT: MOTION by Councilmember Schneider to approve Resolution No. 90-1998, Adopting the Assessment for 1998 Nuisance Abatement. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Susan Slettehaugh, 5842 Hackmann Avenue,. was present to offer her views and concerns in regard to the Hackmann Avenue improvement project. She noted that the slope of her driveway was livable and did not warrant the additional work She stated that she was not happy with some of the workmanship. The bobcat used during landscaping dragged across the newly installed concrete driveways and put deep scrapes in them. This may lead to premature disintegration of the concrete. Additionally, the sod that was replaced on her property was dead. She asked if the sod would be replaced in the spring if it does not come back Mayor Jorgenson assured her that it would be replaced, if necessary. A discussion followed with regard to the responsibility of the contractor in watering the newly installed sod. Ms. Slettehaugh stated that she only saw the contractor water one time. The homeowners ended up watering the grass. Mr. Haukaas stated that he knew of several times when the contractor watered. 26. INFORMAL STATUS REPORTS: Mr. Burns noted that the November 23�d meeting of the Council would include a discussion on the Riverview Heights design process. Councilmember Bolkcom reminded residents of the 50�' Anniversary Task Force meeting scheduled for Thursday, November 12, 1998 at 5:30 p.m. at the Municipal Center. FRIDLEY CTTY COUNCIL MEETING OF NOVEMBER 9, 1998 PAGE 13 ADJOURNMENT: MOTION by Councilmember Barnette, seconded by Councilmember Schneider to adjourn the November 9, 1998 City Council meeting. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING WAS ADJOURNED AT 9:12 P.M. Respectfully submitted, Tamara D. Saefl�e Nancy J. Jorgenson Recording Secretaty Mayor