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10/03/1983 - 000124511HF: M��'F=G OF F IZ�a7i.AR F r7[" OF THS FR .F'Y CITY COII_�IL OF O(,ZUBER 3, �983 The Regular Meeting of the Fndley City Council was called to order at 7:40 p,m. ]�y Mayoz Nee. PLEQG� OF P,LLEGIANCE• Mayor Nee led the Council and audience in the Pledge of Allegiance ta the Flag. ROLL C11LL: � MEI�'BERS PRFSEN7': Mayor Nee, Councilman Barnette, Councilman Schneie7er Councilman Hamernik and Councilman Fitzp�trick MF��ERS ABSENT: None ..i�.y_� • •� •�_ �L . ��J�, � ��. .. Mayor Nee read a proclamation he issued which proclaimed the week of October 16 through 22 as National Business Wonlens Week and the Fridley Business and Professional Women's Club honored Kay Booner Nee as Fridley's Business Woman of the Year. Mrs. D]ee thanked the Fndley Business and Professional Women's Group for bestaaing this honor on her. She stated it makes her feel very humble and hapg3 and, with his honor they honor not only her, but every woman in the business and professional field in the City o£ Fndley. •��i�� • T�u�: Mayor Nee stated Councilman Schneider requested an item be added regarding the Cable Television Com�ny's responsibilities to the citizens of Fridley. � He stated this item would be considered aiter Item 11. MOTION by Councilman Fitzpatrick to adopt the agenda with the above addition. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. .� �. �. A lady in the audzence thanked the Council for their actions taken to prevent the Waste Management Board from locating a waste psocessing facility in Fridley. She also thanked Mayor Alee for his article in Saturday's Minneapolis Star and Tribune regarding the Waste Management Board's decision. Mayor Nee stated, based on the original notification from rhe Waste Management Board, action was taken by the City and the timetable met in order to keep open the City's options. Mr. Qureshi, City Manager, stated the petition has been filed and this is only one step in the total legal process. I3e stated this leaves the door open for any further legal action the City may wish to take. Mayor Nee stated a letter was received irom the Chairman of the P,aste Management Board which indicated they hadn'f made a final decision as yet. � �n e i Mi t�:I � �,� �, •� 1� �. • �� : �• Mayor Nee stated, in the o�-iginal notice he received, they had indicated that final action had been taken. He stated, in any event, they will try to get information out to persons who are interested. Mr. Qureshi stated the persons who appeared at the public hearing held at the high school will be receiving information. A Fridley Boy Scout Troop and their leader were present to see local goverr�ment in action. Mayor Nee welcomed then to the meeting and stated he was happy to have then here this evening. PCIBLIC HEARINGS• � . •� � ' �' ��' S • i� +�: � _ Ss � �i� ��I� •,_ MOTION by Councilman Fitzpatrick to waive the reading of the pufalic hearing notice and open the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motian carried unammously and the public hearing opened at 7:50 p.m. Mr, Ir�man, City Clerk, stated the assessment roll before the Council is for 1983 service connections. He stated the assessment is figured zn two ways, either using today's average lateral charges, or using charges that were levieci in the general area at the time the lines in question were installed, plus acctued interest to the present time. The rate used on the affected properties is the lower of the above two formulas. He stated all assessments are by prior agreenent of the property ormers. No persons in the audience spoke regarding these assessments. MOTION by Councilman Fitz�trick to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 3. Pi]BLIC fIE,ARING ON ASSESSMENP FOR TRF�2'[�iETPP p,� R�IpV1Li, OF TRF� (19831 : MOTION by Councilician Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:51 p.m. Mr. Inman, City Clerk, stated the assessments are for the removal of diseased trees in 1982. He stated the assessment will run for five years with 9-3/4 per cent interest per annwn. Mr. Irunan statecl all affected property a�mers were notified of the hearing this evening. No persons in the audience spoke regarding this assessment. M�TION by Councilman Barnette to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:52 p.m. � ��.A �I_�.—�._ � �M��:a�� • � :_ _� �� !._�_ :�� • �y�: .I 11 • : •�,i� �,. � ��I I�l9. �t. '�y • • . 1 1 Al�LS. . ' L,l � ' : �I� • : t9r. Flora, Public Works Director, stated staff did a s�.m�nary of various gas station signs in the City. In stmu��ary, he stated 14 ga� stations installed their signs before fihe existing ordinance was adopted and five signs are over the footage the sign ordinance allaas. � P4r. Flora stated staff feels, if the Council wishes, the portion oi the Sign Ordinance pertaining to service station signs can be rewritten to rectify the problem with the interpretation on whether the pricing sign should be included in the total square footage. He stated staff would recommend a sign of 100 square feet maximum which would include all signing. Mr. Flora stated this variance request is for a total sign of 183 square feet and the present code allows 80 square feet. The petitioner or his representative was not present at the meeting. Councilman Hamernik stated the ordinance has to be clarified, however, he has a problem on what to do with this request since the petitioner has gone through the process and was given one interpretation and nva it is back ior the Council's discretion. He stated he has no big problem with staff's suggestion for a maximiun pylon sign af 100 square feet. MOTION by Councilman Hamernik to table this item to the next regular meeting and have staff contact the petitioner to notify him what the Council is considering as a possible amenchnent to the Sign Ordinance for the maximum size of the sign to be 100 square feet. Seconded by Councilman Fitz�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried tuianimously. � It was the general concensus of the Council they would be in favor of staff's sugestion regarding a 100 foot maximiun square foot sign for service stations. Mr. Flora stated he would incorporate this into an amendment to the ordinance and process it through the Commission. l. •:� �:�, �� :. �� , � ;1� • : :, MOTION by Councilman Barnette to waive the second reading of Ordinance No. 786 and adopt it on the second reading and order publication. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . • • � �, `��. � � �� _�. �L�,i ,_:_�9�: � 1 � � a�� 3 C�, .�D ; , __, �•� � .. ,1� � � • � �� l \ . Mr. Qureshi, City Manager, stated this franchise ordinance has been � � ) �7� a' � t' 4 e °� � � 4 7. � �� l� _ �lS�,l � �12M1� i �� _ � i reviewed by a co��ittee and acted upon by nwnerous cities. possibility of the State relinquishing any powers to the renote. � He stated the City is very Mayor Nee stated, if the State would "deregulate", would the City want to become involved. Councilman Hamernik stated he didn't believe the State would relinquish that authority. P7r. Newman, representing the City Attorney's Office, stated if the State should relinqmsh their control, he felt it would be their intent to let the market place determine the price and doubted the State would let the local governments regulate the pricing. MOTION by Councilman Hamernik to waive the second reading of Ordinance No, 787 and adopt it on the second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • • � �� • : : 1�� •, � • . y�.�: • , • i� • � �i� � . � � . . . a��i� ► • �� MOTION by Councilman Hamernik to waive tYie second reading of Ordinance No. 788 and adopt it on the second reading and order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared t�ie motion carried unanimously. � •+ � I� •• �•��; �� • . Mr, Flora, Public Works Director, stated the original bid was rewritten and staff felt at least a minimum of two vendors should be able to bid on this item, haaever, only one bid was received. � Mr. Flora stated, if the City goes out again for bids, the equipment � wouldn't arrive zn time for the winter season because of the time involved in advertising and awarding the contract. He felt, therefare, it may be appropriate at this time to repair the existing grader and caxry over the capital funds for advertising of a new loader next year. Mr. Flora stated the Council could either re�ect the bid they received or if they wish, award the contract to the bidder. Councilman Hamernik asked Mr. Flora if he felt they would receave a competitive bid next year, as compared with what has now been received. Mr. Flora stated he felt the price may be more next year. He felt all options were available in the last bid, which was advertised, for those interested in making a sale. Mr. Qureshi, City Manager, stated the City would not go out for bids a year from naa. He stated they hoped to get the process started, however, it still wouldn't be in time to receive the equipment for ti�is coming winter season. � ��i�,� SL�.._\. � ��/:_� �. Councilman Hamernik asked if the City could recover any of the costs incurred, if the present equipment was repaired, t�ir. Flora stated they probably would not be able to recoup any oL- these expenses as the best purchase price they could get was $6,000 and $9,000 in a trade-in, MOTION by Councilman Fitzpatrick to award the bid to Ziegler Company far a four-wheel tractor loader. Seconded by Councilman Barnette. Councilman Hamernik stated he felt some of the wording in the specifications made the bids rather xestrictive. He felt, if they made t-he � specifications more general, they should go out for another bid. Councilman Schneider stated he woulc3 agree with Councilman Hamernik. He felt even a five percent laaer bid would p�y back the extra cost to repair the resent equipment. UP�N A ROLL CALL VOTE TAKEN ON THE AHOVE NYJTION, Councilman Fitz�trick and Councilman Barnette voted in favor of the rnotion. Mayor Nee abstained from voting. Councilman Schneider and Councilman Hamernik voted against the motion. Mayor Nee declared the motion failed. MOTION by Councilman Schneider to readvertise for bids for a four-wheel tractor loader. Seconded by Councilman Hamernik. IIpon a voice vote, ali voting aye, Mayor Nee declared the motion carried unanimously. MOTIpN by Councilman Schneider to authorize staff to repair the existing loader at an estimated cost of $3,000 to keep it in service this winter. 5ecorx3ed by Councilman Barnette. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. •�� . �+ � ., ..� �' �� • � �� • i � . �� • � MOTION by Councilman Hamernik to table this item to the next regular meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting � aye, Mayor Nee declared the motion caxried unanimously. NEW BLJSINESS• � �� _ � � � • � • i��`iLx��Ji;�U��=. . • . �� • ; � ., ,�� •� �l � •�,�� a_� •�� • Mr. Flora, Public Works Director, stated a request has been received frorn Onan Corporation to install six temporary trailers in a configuration of three together in two separate groups. He stated they are making internal changes within the company and need temporary office space for a period of three years. Mr. Nelson, Director of Corporate Facilities, appeared before the Council to explain Onan's rea5on for this request, Mr, Nelson stated the trailers would he specially built to match the exteriar of Onan's building. He stated there would be two groups of three trailers and it really becomes a modular building. � ra �c �J,_ �v�� ` •�iJ� 1 . {. • 1.�Ii�: �iy • i • Mr, Qureshi, City Manager, stated Onan is one of the good corporate citizens of ihe community, but generally it isn't the policy to encourage temporary use of trailers as office sg�ce, especially for as long as three years. Mr. Nelson stated the reason for the three year penod is they have long- range plans for a lab and this couldn't be done in less than three years. Mr. N21son stated they would work with staff and the Fire Department to make sure all the codes are met, Councilman Schneider asked if they had a timetable for the new lab. Mr. � Nelson stated it probably would be in 1986. Mr. Nelson stated he has worked internally regarding the dedication of the bikeway/walkway easement and it has been approved by the com�iny and signed deed should be forthcoming sarnetime in November. N�ITION by Councilman Schneider to approve the trailer application for Onan for a period of three years for erection af temporary office quarters, with the provision that Onan work with staff to work out the construction details. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. /�� .: 81 •� ��41 �� I 4 • i1Y�1111C�IG •C MOTION by Councilman Fitzpatrick to receive the minutes of the Cab1e Television Commission Meeting of September 15, 1983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. s�ii. � � :: � �� •� ��. �:�► Councilman Schneider stated he served on the franchise renegotiating committee last simin�er and, at that time, the Cable Commission and Cable ComYxlny, as we11 as Council members, s�nt a fair amount oi time putting � language into the new franchise to insure a certain level of responsi6ility of the company towards the citizens of Fridley. Councilman Schneider stated, so far, he hasn't seen this met, He stated the franchise required that services be available in the home of the subscribers, upon request, after 5:00 p.m. He stated, less than a month ago, his cable service went out and it took several phone calls to have this proble�n corrected. Councilman Schneider further stated that swne of the cable has been left on the streets or right-of-ways creating both an aesthetic and safety problem. He stated the Cable Commzssion is suppose to be notified prior to realignment of the channels, however, it was done this weekend and the C1ty wasn't notified until after it was campleted. Councilman Schneider stated he would like to request that representatives of the Cable Company come before the Council at the next regular meeting, and invite the Cable Commission to be present, to discuss whether they can obtain some commitrnent on the company's �rt to honor the agreement. � •�ily 1! .,. � ��I�C.91� Councilman Barnette stated he had a ntunber of calls last week regarding the recabling pro�ect, as a su6stantial amount of old cable was left throughout the City. He stated he had several calls from different persons and agencies on the potential danger of this 5ituation. Councilman Barnette stated he couldn't get much information or response from the Cable Comg�ny. He stated what he was told was the company hired outside people to cb the recabling and they had very little control over then. � MOTION by Councilman Schneider to direct tihe admirustration to place on the agenda an item regarding discussion with representatives of the cable company and invite the Cable Commission to be present. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carned unammously. ;J • •� �� •��'Y �' a► � � ; � �t �. •., • � ��:1� • ��• ' •' ��_ •s MOTION by Councilman Fitzpatrick to adopt Resolution No. 89-1983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Pdee declared the motion carried unaru mously. • _ • � �:� • � • : •��i _ �� _ • �i� __�_ ��u a�• �_ ��►h ��. MOTION by Councilman Schtteider to adopt Resolution No. 90-1983. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carned unaiti.mously. • . •� �� . .: •• U � �; i � n �� . � . . MOTION by Councilman Barnette to adopt Resolution No. 91-1983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Nlayor Nee � declared the motion carned unanimously. 15. RESOT,UTION NO 92-1983 CERTIFYING CERTAIN DELINOUENP WATFS2 AND SEWEF (�AU[ � Tp THE (JDCIDTI'Y Ar�IR�R FOR COLLECTTON WITH THE 1984 ZAXFS: MOTION by Councilman Fitzgstrick to adopt Resolution No. 92-1983. Secondec7 by Councilman Schneider. Upon a voice vote, all voting aye, Mayor P1ee declared the motion carried unarumously. � i._. •_ �4 l� • �� \� •i� • �� ` � /� • 71� : l. � 'i�' � �S ��_ • e .. �� MOTION by Councilman Schneider to adopt Resolution No. 93-1983. Seconded by Councilman Hamernik, Upon a voice vote, all voting aye, Niayor Nee declared the motion carried unammously. � �}�'a�' �+ it v �, � , ,, 17. 18. 19. .. �,� _ _ � _ �, _. .•��.: �; _ . . �� RF' Or. rrrON N0. 4-7 98� E`1TING AN EL ION FOR MAYOR A1� iRH�Ii� RR- AT--LARGE : MOTION by Councilman Schneider to adopt Resolution No. 94-1983. Seconded by Councilman Fitzpatrick, Upon a voice vote, all voting aye, tdayor Nee declared the motion carried unanimously. F p, TT'rON I�. 95-7 983 D IGNATING R�r.r,r� p�C _ APF�r�I .r,F�IaN 1nnc;E FOR THE � 8. � 983 i, .i, ION: MOTION by Councilman Barnette to adopt Resolution No. 95-1983. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RSOLUTION N0. 96-1983 IB?��RMItx ?'HE ANpKA COUNTY COMMISSIONERS OF THF, CITY OF FIZTDLEY' S DECISION RECARI>T� gi,AC[( SLS±� F'OR WII�TCER DEICING: MOTION by Councilman Schneider to adopt Resolution No. 96-1983. Seconded by Councilman Hamernak. Upon a voice vote, all voting aye, Alayor Nee declared the motion carried unanrmously, r� � . •� • . .; ...� �. :�� •� � • 1 • • � • su , �;.� � -� � � : �.« � � � Mr, Flora, Public Works Director, stated the Council has a new resolutzon before them, as the original resolution indicated the westerly 29.58 feet of Lot 13. Mr. Flora stated, since this was not a straight rectangle, the worc3ing from the surveyor was changed froM the westerly 29.58 feet to approximately 30 feet. MOTION by Councilman Barnette to adopt Resolution No, 97-1983. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. LICIIVSFS • MOTION by Councilman Fitzpatrick to approve the license as sutxnitted and as on file zn the License Clerk's Office. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousiy. 22. CT,AIINS : MOTION by Councilman Schneider to authorize payment of Claims No. 273415 through 273W28. Seconded by Councilman Hamermk. Upon a voice vote, all voting aye, Mayor Nee declared the motxon carried unanimously. 23. ESTIMATES: MOTION by Councilman Fitzpatrick to approve the estimates as submitted. � � � � � �J � ��',� ��ii�: _ _ ui._ �1 �. � _ � �i� p �; � : Hardrives, Inc. Maple Grove Executive Center 7200 Henlock Lane North Maple Grove, MN 55369 Street Pro�ect St. 1983-1 Street Pro�ect St. 1983-2 Estimate #5 Monette Constxuction Company, Inc. 2050 White Bear Avenue St. Paul, MN 55109 Estimate #6 Centex City Plaza Pro�ect Noble Nursery 8059 Central Avenue N.E. Blaine, MN 55434 $21,744.54 $24,406.80 FINAL ESTIMATE #5 Plaza Landscape Pro7ect .. . $46,151.34 $46,755.21 $ 2,179.20 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Dlee declared the motion carried unammously, ��3ii�:��iuT�`l� MOTION by Councilman Barnette to ad�ourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, r9ayor Nee declared the motion carried unanimously and the Regular P�feeting of the Fridley City Council of October 3, 19ffi ad�ourned at 8:50 p.m. Respectfully submitted, � z't�., � �Z� ��.� � ' � .�. �, �� '`' �r' � Carole Haddad William J. Ne Secretary to the City Council Mayor Approved: October 17, 1983 �