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12/17/1990 - 0000669300� THS MIN[TT88 OF THE REGQLAR MEETING OF THE FRIDL&Y CITY COUNCIL �� 1 DEQEMBER 17. 1990 The Regular Meeting of the Fridley City Council was called to order at 7:30 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audienoe in the Pledge of Allegiance to the Flag. RQLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick and Councilman Billings MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING, DECEMBER 10, 1990: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISITORS: There was no response from the audience under this item of business. OLD BUSINESS' 1. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 30, ENTITLED "CHARITABLE GAMBLING," BY RENAMING THE CHAPTER "LAWFUL GAMBLING'� AND AMENDING SECTION 30.03 AND SECTION 30.04 (TABLED 10/15/901: Mr. Hill, Public Safety Director, stated that the Council had previously discussed this item at their October 15, 1990 Council meeting. He stated, at that time, two service organizations requested additional time to study the impaat of this ordinance and confer with their membership. He stated that this has been accomplished, and he has met with officials of the American Legion ' and Veterans of Foreign Wars on this issue. ' � � 00 . FRIDLSY CITY COIINCIL MBETING OF DECSMHSR 17. 1990 PAGE 2 Mr. Hill stated that there was basic agreement with this ordinance. He stated that in regard to the five percent net profit contributions to the City fund, the organizations felt they would prefer to review requests for funding directly. He stated that he is, therefore, recommending eliminating the requirement to contribute five percent of the net profits to the City of Fridley. He stated that another area of concern was that organizations may be coming into the City to commercially operate gamhling halls and a provision was requested limiting this possibility and is included in the amendments. Mr. Aill stated that, in summary, the ordinance amendment expands the provisions to all forms of lawful gambling rather than just pull-tabs; expands local authority to all licensed orqanizations conducting lawful gambling in the City rather than just to retail intoxicating liquor establishments; changes the requirement to contribute ten percent of the net profits within the City of Fridley to fifty percent within the Fridley trade area; eliminates most local qame operation regulations; eliminates employee compensation restrictions; increases allowable rent from $l00 per week to $600 per month; applies the three percent local gambling tax equally to all organizations, requires return of unused tax, and exempts tax to holders of exemption certificates; and limits bingo halls and lawful gambling organizations to four days a week and twelve bingo occasions in a week on the premises. At least fifteen bingo games must be held at each occasion, and a bingo occasion must continue for at least 1- 1 1/2 hours but not more than four consecutive hours. He stated that in checkinq with organizations in the City with bingo licenses, they have no problem with this and would not exceed that limit. MOTZON by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. APPOINTMENT TO THE APPEALS COMMISSION (TABLED 12/10/90� MOTION by Councilwoman Jorgenson to table this item. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS' 3. RESOLUTION NO. 108-1990 SUPPORTING THE ADOPTION OF AN EMERGENCY ORDINANCE PLACING A MORATORIUM ON THE SITING OF SEXUALLY ORIENTED BUSINESSES PROHIBITING THEIR LOCATIUN WITHIN CERTAIN SPECIFIED DISTANCES FROM RESIDENTIAL AREAS, SCHOOLS, CHURCHES. PARKS AND PLAYGROUNDS: Mr. Hill, Public Safety Director, stated that the City is in the process of changing the zoning ordinance relating to sexually �0� FAIDL$Y CITY COIINCIL MESTING OF DSCEMBSR 17. 1990 PAGE 3 � oriented businesses. He stated that based on information he received last week from the law enforcement community, he understands there is an adult book store seeking to locate in southern Anoka County, either in Columbia Heights or Fridley. He stated that it disturbs him that should they come into the City, prior to the City passing the zoninq ordinance. It would set the City back in the regulation of these type of businesses. Mr. Hill stated that since the City has spent a great deal of time and effort to address this issue, he felt it was appropriate to pass an emergency ordinance to attempt to control the location of this type of business to those areas recommended in the proposed zoning ordinance. He stated that this zoning ordinance would be reviewed by the Planning Commission at a public hearing on January 9, 1991. Councilman Billings asked if it was permissible to have an emergency ordinance that prohibits the location of such a business anywhere in the City until the Council develops a zoning ordinance. Mr. Herrick, City Attorney, stated that he understands it is not permissible. He stated that the City of Ramsey attempted to adopt such an ordinance, it was brought to court and the judge ruled it was in violation of the first amendment regardinq freedom of speech � and placed a restraining order on the ordinance. He stated that the City of Ramsey then adopted an amended ordinance that allowed the adult book stores within certain specified areas of their community, and Judge Murphy felt this did meet the court requirements as Par as first amendment restrictions. Councilman Billings asked if the emergency ordinance is adopted, i£ the permanent ordinance would have to be identical or i£ it could be more restrictive. Mr. Aerrick stated that the permanent ordinance the Council adopts would not have to be identical to the emergency ordinance, it could be more or less restrictive, but would have to meet the court standards. Councilman Schneider asked about the ramifications of an emergency ordinance, as opposed to a regular ordinance, and if there are any legal liabilities. Mr. Herrick stated that if the Council chooses to adopt the emergency ordinance, it becomes effective immediately upon the Council's action, rather than having two readings and effective 15 days after publication. He stated that someone may argue it was not an emergency and, therefore, it is not valid, but he felt this could be defended. He stated that, in any event, the Council could � place this ordinance in effect now in aase the establishment referred to by Mr. Hill does want to locate in Fridley. He stated that if the ordinance is challenged it may have to be defended; ' � � 'J � � FRIDLEY CITY COIINCIL MEETIN(i OF DECEMBER 17. 1990 PAGE 4 however, if the ordinance is not passed, a business could move in and it would be grandfathered. Counailwoman Jorgenson asked how long the emergency ordinance would be valid. Mr. Herrick stated that it would be in effect for 180 days. Councilwoman Jorgenson asked if the emergency ordinance could be extended beyond the 180 days. Mr. Herrick stated that the restriction is governed by the State Planning Act which contains moratorium language, but he believed there is a provision for an extension if good cause is shown. He stated that it is hoped this would not have to be done. Mr. Herrick stated that there are two agenda items that relate to the emergency ordinance. He stated that one is a resolution supporting the adoption of the emergency ordinance and the other is the emergency ordinance itself. Ae stated that the resolution sets forth in summary the fihdings of those reports that have been distributed to the Council. He stated the reason for adoption of the resolution is that the Supreme Court has indicated that the Council, as a legislative body, can rely on studies done by other cities and organizations. He stated that the study by the Attorney General's Office, the cities of St. Paul, Indianapolis, and Phoenix, and the £indings made in these studies are applioable to the City of Fridley. Mr. Herrick stated that, mainly, the findings deal with associated crime in the areas surrounding sexually oriented businesses and the loss of market value of properties that are in the vicinity of these operations. MOTION by Councilman Fitzpatrick to adopt Resolution No. 108-1990. Seconded by Councilman Billings. �Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. ORDINANCE NO. 963, AN EMERGENCY ORDINANCE PLACING A MORATORIUM ON THE SITING OF SEXUALLY ORIENTED BUSINESSES PROHIBITING THEIR IACATION WITHIN CERTAIN SPECIFIED DISTANCES FROM RESIDENTIAL AREAS. SCHOOLS, CHURCHES, PARKS AND PLAYGROUNDS: Mr. Hill, Public Safety Director, stated that this emergency ordinance places a moratorium on the siting of sexually oriented businesses and prohibits their locations in certain areas. He stated that Sections 1, 2, and 3 of the ordinance covers the purpose and intent, authority, and definitions. He stated that Section 4 refers to the distances sexually oriented businesses must be located from residential zoning districts, churches, schools, parks, or from other such businesses. Mr. Herrick stated that under Section 5, there is a place for the date of the public hearing before the Planning Commission, which �D� FRIDLEY CITY COONCIL MEETINd OF DBCEMBER 17. 1990 PAGE 5 � is January 9, 1991, and it should be inserted. He stated that under Section 4, line 5, after the word "park", there is additional language contained in the permanent ordinance and it should be included in this emergency ordinance. He stated that the language to be added after the word "park" is as follows: "that is adjacent to residential property." He stated that there is some obligation by the City to provide adequate sites for this type of business. He stated a general rule adopted is that five percent is adequate and in order to meet this requirement, the distances from parks was modified to have this apply to those parks that were only adjacent to residential properties. He stated that the effect would be to allow these businesses in commercial establishments on East River Road south of the freeway which is not adjacent to any residential areas. MOTION by Councilman Schneider to approve and adopt Ordinance No. 963. Seconded by Councilman Billings. MOTION by Councilman Schneider to amend Section 4, line 5, of the above ordinance by adding the following words after the word "park": "that is adjacent to residential property." Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � MOTION by Councilman Billings to amend Section 5 of the above ordinance by adding January 9, 1991 as the date for the public hearing before the Planning Commission. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Burns, City Manager, stated that he assumes this ordinance would be published in its entirety. Mr, Herrick stated that he would recommend it be published in its entirety as it will better inform the community. Councilman Schneider asked if the ordinance would be published in the Star Tribune as well as the Focus. Mr. Herrick stated that emergenay ordinances do not require publishing, but it is staff's recommendation that it be published. UPON A VOICE VOTE TAREN ON THE MAIN MO'I{ION FOR ADOPTION OF THE EMERGENCY ORDINANCE, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to publish this ordinance in the Star Tribune as well as the Focus. Seconded by Councilman Schneider. � � � � 00�.� FRIDLEY CITY COUNCIL MEETING OF DECEMBER 17, 1990 PAGE 6 Councilman Billings asked if anyone knew ordinance. He felt that any publication regulations of the State statute. the cost to publish this is above and beyond the Mr. Herrick stated that he does not have a stronq feeling whether the ordinance should be published in the Star Tribune, but would like it published in the local paper. MOTION by Councilman Billings to amend the above motion to publish this ordinance in its entirety in the Focus and publish the ordinance in summary in the Star Tribune, with the notation that copies are available. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee deolared the motion carried unanimously. 5. RESOLUTION NO. 109-1990 APPROVING AND AUTHORIZING SIGNING AN AGREEMENT ESTABLISHING WORKING CONDITIONS. WAGES AND HOURS OF POLICE OFFICERS OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR THE YEAR 1991: Mr. Hunt, Assistant to the City Manager, stated that he would recommend the Council enter into this agreement which establishes working conditions, wages, and hours for police officers for 1991. He stated that the wage increase was four percent, the same as other City employees. MOTION by Councilman Billings to adopt Resolution No. 109-1990. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Jorgenson commended Bill Hunt for keeping increases in this department the same as for other City employees. Mr. Hunt stated that both Jim Hill and John Flora deserve a lot of credit in laying the groundwork for their respective departments. 6. RESOLUTION NO. 110-1990 AUTHORIZING SIGNING AN AGREEMENT FOR CERTAIN EMPLOYEES REPRESENTED BY INTERNATIONAL UNION OF OPERATING ENGINEERS. IACAL NO. 49, AFL-CIO (PUBLIC WORIiS MAINTENANCEI FOR 1991: Mr. Hunt, Assistant to the City Manager, stated that the wage increase for these employees was four percent and recommended the Council enter into this agreement. MOTION by Councilman Schneider to adopt Resolution No. 110-1990. Seconded by Councilman Fitzpatriak. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated that he also wished to thank Bill for his good work in negotiating these contracts. I� � � 0 0 �� FRIDLEY CITY COUNCIL liSETIN(i OF DECEMBER 17, 1990 PAGE 7 7. SPECIAL USE PERMTT, SP #90-08. BY JOHN BABINSKI, TO ALLOW EXTERIOR STORAGE OF MATERIALS ON IATS 1 THROUGH 20. CENTRAL �VENUE ADDITION. GENERALLY LOCATED AT 1290 - 73RD AVENUE N.E. STABLED 12/10/901: Ms. McPherson, Planning Assistant, stated that the petitioner was requested to be present at the meeting but is not here this evening. M�TION by Councilman Schneider to table this item until the petitioner contacts the City. Seconded by Councilwoman Jorgenson. Councilman Billings stated that there are some time limits regarding special use permits, and he believes these limits require the Council to take action, unless something is received in writing from the petitioner. Iie stated that with this in mind, it may be best for the Council to take action on the special use permit. Councilman Schneider withdrew his motion, with permission of his seconder, Councilwoman Jorgenson. MOTION by Councilman Schneider to deny special use permit, SP #40-08. Seconded by Councilwoman Jorgenson. Councilwoman Jorgenson asked if the petitioner was given permission to park vehicles on Old Central Avenue. Ms. McPherson stated that the City has not given permission, but the special use permit would have allowed up to two vehicles to be parked in the parking lot in front of this establishment. Councilwoman Jorgenson stated that vehicles were parked in the street, and the snow plows had to go around them. Mr. Herrick asked the impetus for this special use permit and, if it is denied, would it have an adverse effect on the Department of Community Development attempting to clean up the area. Ms. McPherson stated that the impetus has been through the Code Enforcement Officer who is enforcing the zoning code regarding the outside storage of materials. She stated that outside storage is allowed in this district with a special use permit, and this property does not have a special use permit. She stated that the petitioner was notified he would have to remove the materials stored outside or file for a special use permit. Ms. MCPherson stated that if the special use permit is denied, the petitioner would be notified to remove all vehicles from the rear of the property. She stated that as part of this special use permit request, the Planning Commission had recommended two stipulations regarding installation of a screening fence and some - �Q� FRIDLEY CITY COODTCIL M88TINa OF DSCBMSER 17, 1990 PAQE 8 � plant materials. She stated that these items have been completed by the petitioner. Councilman Billings stated that he really is not comfortable with the motion for denial. He stated that the City Code does provide that certain uses are permitted, with a special use permit. He stated that it is up to the Council to give reasons why this should be denied if it is not in the best interests of the citizens' health, safety, or welfare. He stated that it appears it may be in the City's best interest to approve this special use permit with the atipulations recommended by the Planning Commission, and have this property cleaned up. Councilman Schneider stated that there is a record over the past ten years where the City has tried to have the property aleaned up. Counoilwoman Sorgenson felt that this establishment is jeopardizing the health, safety, and welfare of the community as the snow plows could not get around the vehicles parked in the street. She thought that perhaps license numbers should be obtained on those vehioles. Councilman Schneider stated that this area has some particular problems, and the petitioner has had two opportunities to appear � before the Council. UPON A ROLL CALL VOTE TAREN ON THE ABOVE MOTION, Councilwoman Jorgenson, Councilman Schneider, Mayor Nee, Councilman Fitzpatrick, and Councilman Billings all voted in favor of the motion, and Mayor Nee declared the motion carried unanimously. Councilman Billings stated that he would encourage the City staff to proceed with extreme vigor in remedying any code violations that exist on this property. 8. RECEIVE THE MINUTES OF THE CATV ADVISORY COMMISSION MEETING OF NOVEMBER 15. 1990: MOTION by Councilman Fitzpatrick to receive the minutes of the CATV Advisory Commission Meeting of November 15, 1990. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. NUISANCE ABATEMENT AT 1571 - 75TH AVENUE N.E.: Mr. Burns, City Manager, stated that there is a vacant house at this address with broken windows and doors that are open. He stated that the property is going throuqh foreclosure, and all parties who may have an interest were notified regarding abatement � of this nuisance. a o �a FRIDLBY CITY COUNCIL MEETING OF DECEMBER 17. 1990 PAGE 9 � Mr. Burns stated that two quotes were received for abating the nuisance, and it is recommended that the Council authorize abatement of the nuisance and execute a purchase order to Brickner Builders, who submitted the lowest quote, for $250.00 to cover the cost of the abatement. He recommended that the costs of this abatement, $250.00 plus the handlinq charge or a total of $312.50, be assessed against the property. MOTION by Councilman Schneider to authorize the abatement of this nuisance by Brickner Builders at 1571 - 75th Avenue at a cost o£ $250.00 and that the total cost of $312.50 ($250.00 plus 25 percent handling charges) be assessed against this property. Seconded by Councilwoman Jorgenson, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1D. APPROVAL OF CONTAINER DISTRIBUTION CONTRACT WITH SUPER CYCLE, INC.• Mr. Burns, City Manager, stated that it is recommended the City enter into a contract with Super Cycle for the distribution of 7,661 sets of recycling containers. He stated that two quotes were received to provide this service; one was from Independent Delivery Service for $9,729.83, and the other one was from Super Cycle for $6,790.00. Ae stated that Super Cycle submitted the lowest quote � and would complete the distribution in three to ten days with distribution staged from the City garage. Mr. Burns stated that staff also considered having a community service group provide the distribution. He stated that it was concluded, however, that the project is probably too large for a service group as it would require several trucks that are radio equipped, a special routing system, and a weekday delivery. Mr. Burns stated that the bins would be delivered at the curb and placed in such a way so they would not blow away. He stated that all single family residences and multiple units up to four would receive the containers. He stated that they would be delivered during the week and in daylight hours. Mr. Burns stated that he knows the Council has been concerned about the publicity on the recycling containers. He outlined the publicity planned such as articles in the Focus, the newsletter, a brochure to be distrusted with the containers, planning a meeting with the block captains for January 8, and a letter explaining the need for recycling. He stated that there will also be a separate handout for those who have complaints. MOTION by Councilman Fitzpatrick to authorize the Mayor and City Manager to enter into this agreement with Super Cycle for � distribution of the recycling containers in the amount of $6,790.00. Seconded by Councilwoman Jorgenson. � � �.� FRIDLEY CITY COONCIL MESTING OF DECEMBER 17, 1490 PAGE 10 � The concern of the Councilmembers was that residents should be notified on how the containers should be utilized and what should be done if they do not want them before they are even distributed. It was stated that even though there may be articles in the Focus, that many persons do not read the paper, and a letter from the City would more likely be read. Councilman Sillings stated that he understands the containers would be delivered to all single family residences and multiple residences up to four units. He stated that Section 3.1 of the agreement states that the City agrees to provide Super Cycle with a complete list of addresses where they wish delivery to be made in addition to all single family residences of one to four units. He questioned what other residences would be involved. Mr. Flora, Public Works Director, stated that the language probably was not worded correctly, but felt it meant that in addition to the single family residences the City would supply addresses for those residences of more than one unit. Mr. Burns felt that Sections 3.1 and 3.2 were not very clear, but would get them explained and clarified. UPON A VOICE VOTE TAKEN QN THE ABOVE MQTIQN, all voted aye, and � Mayor Nee declared the motion carried unanimously. 11. MOTION TO WRITE-OFF OUTSTANDING CHECKS: Mr. Pribyl, Finance Director, stated that the auditors have recommended the City take action to write off old outstanding checks. He stated that the total to be written off is $535.50 covering outstanding checks dating back to 1985. Mr. Pribyl stated that an attempt was made to contact these vendors at the addresses on record with the City, but there was no response. MOTION by Councilman Schneider to authorize writing off these outstanding checks as submitted. Seconded by Councilwoman Jorgenson. Councilman Billings asked if any payroll checks were involved and if any checks were ones that were required to be turned over to the State. Mr. Pribyl stated that there were no payroll checks or checks that should,be turned over to the State and that this was reviewed with the auditors. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. � J1� FRIDLEY CITY COONCIL MEETINO OF DBCEMBER 17, 1990 PAGE 11 �12. RESOLUTION NO. 111-1990 IN 5UPPORT OF AN APPLICATION FOR A _ MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO THE SHADDRICK LEBEAU AMERICAN LEGION #303: MOTION by Councilman Fitzpatrick to adopt Resolution No. il1-1990. Seconded by Councilman 5chneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Herrick, City Attorney, asked if the addresses of the establishments are specified in the licenses. Mr. Pribyl stated that the addresses were included in the licenses. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 13. RESOLUTION NO. 112-1990 IN SUPPORT OF AN APPLICATION FOR A LAWFUL GAMBLING EXEMPTION FOR TOTINO-GRACE HIGH SCHOOL: MOTION by Councilman 5chneider to adopt Resolution No. 112-1990. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RESOLUTION NO. 113-1990 AUTIiORI2ING CHANGES IN APPROPRIATIONS � FQR THE CAPITAL IMPROVEMENT FUND AND AUTHORIZING THE TRANSFER OF FUNDS FROM THE CAPITAL IMPROVEMENT FUND, GENERAL CAPITAL IMPROVEMENTS DIVISION, TO THE MUNICIPAL CENTER REMODELING FUND• MOTION by Councilman Fitzpatrick to adopt Resolution No. 113-199D. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider asked the status of the lawsuit against the initial program management firm. Mr. Herrick, City Attorney, stated that he recently discussed this issue with the City Manager, Mr. Burns. He stated that he will submit a memo to the Council regarding this matter at the first meeting in January. He stated that he felt there were problems with the lawsuit, but if the Council wished to proceed it should be done rather promptly. He stated that he cheaked with the State to see if this corporation had dissolved and, as of several weeks aqo, they had not. He stated it is doubtful that there are any corporate assets. 15. RESOLUTION NO. 114-1990 APPROPRIATING MUNICIPAL STATE-AID FL7NDS TO A MUNICIPAL OFF-SYSTEM PROJECT: � MOTIOIJ by Councilman Fitzpatrick to adopt Resolution No. 114-1990. Seconded by Councilman Billings. Upon a voice vote, all voting - aye, Mayor Nee deolared the motion carried unanimously. � �L� FRIDLBX CITY COONCIL MEETING OF D8C8MBER 17, 1990 PAGE 12 16. RESQLUTION NO. 115-1490 APPROVING PLANS AND RE4UESTING ANOKA COUNTY TO PROCEED WITH IMPROVEMENTS ON MISSISSIPPI STREET FROM MAIN STREET TO 5TH STREET. STREET IMPROVEMENT PROJECT NO. ST 1991-3: MOTION by Councilman Billings to adopt Resolution No. 115-1490. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinq aye, Mayor Nee declaTed the motion carried unanimously. 17. RESOLUTION NO 116-1990 REOUESTING THE POSTI�G OF "NO PARKING" STGNS QN MISSISSIPPI STREET �C S A P 02-606-08 AND M S A.P 127-020-091 BETWEEN MAIN STREET AND 5TH STREET: MOTION by Councilman Billings to adopt Resolution No. 116-1990. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. RESOLUTION NO. 117-1990 AMENDING THE CLASSIFICATION AND COMPENSATION PLAN FOR EMPLOYEES OF THE CITY OF FRIDLEY: MOTION by Councilwoman JorgenSOn to adopt Resolution No. 117-1990. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee deolared the motion carried unanimously. � 19. RESOLUTION NO. 118-1990 APPOINTING A RESPONSIBLE AUTHORITY IN REFERENCE TO THE MINNESOTA GOVERNMENT DATA PRACTICES ACT FOR THE CITY OF FRIDLEY: MOTION by Councilman Billings to adopt Resolution No. 118-1990. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' 20. APPOINTMENT - CTTY EMPLAYEE: MOTION by Councilman Fitzpatrick to concur with the following appointment by the City Manager; Starting Name Position Salarv Barbara Dacy Community $47,073.72 Development per year Director $3,922.81 Exempt per month Seconded by Councilman Schneider. Starting Date Dec. 18, 1990 Replaces John (Jock) Robertson Mr. Burns, City Manager, stated that he is recommending Barbara Dacy be appointed as the new Community Development Director. He stated that he has been very pleased with her performance in her present position as Planning Goordinator. � �I � u 1 �y FRIDLEY CZTY COUNCIL ME$TING OF DECEMBER 17. 1990 PAGE 13 UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 21. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there are no informal status reports. 22. CLAIMS: MOTION by Councilwoman Jorgenson to authorize payment of Claims No. 35385 through 35524. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23. LICENSES' MoTION by Councilman Fitzpatrick to apprave the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 24. MOTION by Councilman Schneider to approve the estimates as submitted: HNTB 6700 France Avenue South Minneapolis, MN 55435 Inspection of the 1.5 MG Elevated Water Reservoir, Project No. 202 Partial Estimate . . . . . . . . Bruce A. Liesch Associates, Inc. 13400 - 15th Avenue North Minneapolis, MN 55441 Water Quality Study Retainer Project No. 214 Partial Estimate . . . . . . Western Waterproofing 2838 Stevens Avenue South Minneapolis, MN 55408 $ 1,472.76 . $ 222.50 Phase II - 3 MG Concrete Reservoir Repair Project No. 200 Estimate No. 3 . . . . . . . . . . . . . . . $56, 637. 84 I� � � � 1 �1: FR�DLEY CITY COIINCIL MEETINCi OF DBCEMSER 17, 1990 PAGE 14 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. AATOURNMENT: MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of December 17, 199D adjourned at 8:45 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor