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11/09/1992 - 00005729� � � 64 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 9. 1992 The Regular Meeting of the Fridley City Counoil was called to order at 7:39 p.m. by Mayor Nee, PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of A7legiance to the Flag. ROLL CALL• MEMBERS PRESENT MEMBERS ABSENT APPROVAL OF MINUTES: Mayor Nee, Councilwoman Jorgenson, Councilma� Billings, Councilman Schneider and Councilman Fitzpatrick None COUNCIL MEETING. OCTOBER 19, 1992: MoTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneidera 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 submitted. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslye OPEN FORUM, VISITORS: There was no response from the audience under this item of business,. OLD BUSINESS: l. ORDINANCE NO. 1004 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKTNG A CHANGE IN ZONING DISTRICTS (REZONING, ZOA #91-03, BY BOB'S PRODUCE RANCH): Ms. Dacy, Community Development Director, stated that this is a rezoning from M-2, Heavy Industrial to C-3, General Shopping for a portion of Bob's Produce Ranch property. She stated that the rezoning involves Lot 1, Block 1, East Ranch Estates Third Addition and that portion of 77th Avenue lying easterly of the northerly extension of the westerly lot line of Lot i, Block i, East Ranch Estates Third Addition. �I � � 65 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 9, 1992 PAGE 2 MoTION by Councilman Fitzpatrick to waive the second reading attd adopt ordinance Noa 1004 on the second reading an� order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. ORDINANCE NO. 1005 UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE iVACATION REQUEST, SAV #91-040 �X BOB'S PRODUCE RANCH)e Ms. Dacy, Community Development Direc�or, stated that this is a request to vacate a portion of 77th Avenue N.E, MOTION by Councilman Fitzpatrick to waive the second readinq and adopt Ordinance No. 1005 on the second reading and order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• APPOINTMENTS - CITY EMPLOYEES: Mr. Burns, City Manager, stated that William Champa is being recommended for appointment as City Clerk/Records Manaqere �e stated that Bill received his degree in Business Management from the University of North Dakota and is currently working on his Master's degree at the University of St. Thomas. Mr. Burns stated that Bill Champa was employed by the City as an Intern in December, 1987 and was appointed as Records Retention Specialist in March, 1988. He stated that Mro Champa has earned this promotion �o City Clerk, and he recommended that the Council concur with this appointment. MOTION by Councilman Fitzpatrick to concur with the following appointment by the City Manager: Name William Champa Position City Clerk/ Records Mgr Exempt Starting Salarv $31,596.15 per year $2,633.01 per month Starting Date Jan. 1 1993 Replaces Shirley Haapala Seconded by Councilwoman Jorgensono Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslye Mra Burns, City Manager, requested the Council's concurrence with the appointment of Matthew Field and Ronald Larson as Paid-on-Call Firefighters. � � .. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 9, 1992 PAGE 3 MOTION by Councilman Schneider to concur with the following appointments by the City Manager: Name Matthew Field Ronald Larson Starting Position Salarv Firefighter II $10.27 (Paid-on-call) per hour Firefighter IZ $10.27 (Paid-on-call) per hour Starting Date Replaces Jan. 1 Dale 1993 Bakke Jan. 3 Larry 1993 Hamer Seconded by Councilwoman Jorgenson. U�on a voice vote, all voting aye, Mayor Nee daclared the motion carried unanimously. 4. RECEIVE THE STATEMENT OF CANVASS FROM THE 1992 GENERAL ELECTION• Mr. Bill Champa, Acting City Clerk, presented the Statement of Canvass from the 1992 General Election. He congratulated Mayor Nee and Councilmember Nancy Jorgenson on their re-election. He stated that 71.5 percent of the eligible voters in �he City voted in this election. Councilman Schneider asked if the City was responsible for all School District referendum elections, Mr. Champa stated that if the referendum is held in conjunction with the City°s election, the City does assist, He stated that as gar as compensation, fhe School District pays the baYlot costs, but the City pays the election judges as the City would sti1T incur this cost regardless if �he School District did or did not have a xeferendum. MoTION �y Councilman Fitzpatrick to receive the Statement of Canvass for tfie 1992 General Election. Seconded by Councilman Schneidere Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. r� RECEIVE AN ITEM FROM THE MINUTES OF �HE APPEALS COMMISSION MEETING OF OCTOBER 6, 1992: VARIANCE REOUEST. VAR #92-19. BY JUSTIN �ROESSLER. TO REDUCE THE REAR YARD SETBACK FROM 29 FEET TO 8 FEET, GENERALLY LOCATED AT 8141 RIVERVIEW TERRACE N.E.: Mse Dacy, Community Development Director, stated that this is a request for a variance to reduce the rear yard setback from 29 feet to 8 feet in order to allow an addition. She stated that there is � an existing single family home located on this property with an attached one car qarage. She stated that the petitioner is requesting a variance to extend the existing garage from one stall � � 67 FRIDLEY CITY COUNCIL MEETING OF NOVEMHER 9, 1992 PAGE 4 to three stalls to store a boat, full size truck, and possibly a car. Ms. Dacy stated that the petitioner could construct a detached accessory structure; however, this would reduce the remaining useable space in the yard. Mse Dacy s�ated that staf£ and the Appeals Commission recommended approval of a variance to reduce the setback from 29 feet to 18 feet to allow an expansion from a one car garage to a two car garage. She stated that the pe�ationer coulcio however, construct a detached second accessory bui3ding whbch wouldi conforan with the setback requirements. Councilman Fitzpatrick asked if there was an opposition to this request. Ms. Dacy stated that there was no opposition at the Appeals Commission meeting, and she has not }iearci of any objections. Mr. Droessler, the petitioner, stated that he would prefer to add on to the attached garage, but he would construct a separate building if this was necessary. He stated that by adding to the existinq garage it gives him a little mo,-e useahle yard spacea Councilwoman Jorgenson stated that she felt the attached garage would be more conforming than to have a detached garage. Ms. Dacy stated that staff and the Appeals Commission recommended the minimum amount of variance, and felt that to attach the garage would be more aesthetically pleasing. She stated that the petitioner would like the variance as originally requested to reduce the setback from 29 fee� to 8 feete Councilman Billings asked the hardship th,at exists for this particular piece of property, Mso Dacy stated that the lot is smaller than a normai single family lot and, being on a corner, there were two fairly substantial setbacks. She stated that staff's recommendation for a variance to 18 feet was based on the characteristics of the lot and a minimum variance to allow adequate rear lot area. Mayor Nee stated that the Riverview Heights area has been the subject of many variances because of the way it was platted and developed with small lots. Councilman Fitzpatrick asked the size of the loto t�Is. Dacy stated that it was 60 feet by T16 feete Councilman Billings felt that staff ancl the Appeals Commission were trying to meet the requirements of the code when they recommended � the minimum variance to provide a reasonable structure and the least impact. He stated that he appreciates this concern from staff and from the Commission. Councilman Billings stated, � � � FRIDLEY CITY COUNCIL MEETYNG OF NOVEMSER 9. Y992 PAGE 5 however, it be granted, extra step citizens. 68 is his personal feeling that if a variance is going to it is the elected officials that will have to take the since they are the ones who are responsible to the Councilman Schneider stated that he has no problem with Councilman Bil3ingsa concept as long as it is applied one hundred percento He stated that he felt this variance would upgrade the property. He stated that he recognizes staff is applying a strict interpretation of the code, and he is happy they are doing this in their recommendation to the Commission and to Council. Mr. Droessler stated that the adjacent neighbor has stated that he had no problem with the variance as requested, MOTION by Councilman Fitzpatrick to grant Variance Request, VAR #92-19, to reduce the rear yard setback from 29 feet to 8 feet, at 8141 Riverview Terrace N.E., with the stipulation that Special Use Permit, #92-z0, be approved, Seconded by Councilman Billings� Upon a voice vote, all voting aye, Mayor Nee decYared the motion carried unanimouslyo Mayor Nee stated that he appreciated staff's and the Appeals Commission's work knowing they are trying to accomplish the overall purposes for the City, He stated that he felt, in this case, the addition was an improvemente 6� I2ECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 14, 1992: A. SPECIAL USE PERMIT REQUEST, SP #92-10, BY JUSTIN DROESSLER, TO ALLOW CONSTRUCTION IN THE CRP-2 DISTRICT (FLOOD FRINGE), GENERALLY LOCATED AT 8141 RIVERVIEW TERRACE N.E.: Ms. Dacy, Community Development Director, stated that this request is for a special use permit to allow construction in the flood plaine MOTION by Councilman Fitzpatrick to grant Special Use Permit Request, S]P #92-7-0, with the following stipulations; (lj the expanded accessory structure shall be floodproofed in accordance with all applicable regulations; and (2) the petitioner sha11 sign and record against the property a hold harmless agreement which releases the City from any liability, Seconded by Counci3man Schneider� Upon a voice vote, all votxng aye, Mayor Nee declared the motion carried unanimouslya � � � 69 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 9. 1992 PAGE 6 B. ESTABLISH PUBLIC HEARING FOR NOVEMBER 23, 1992, FOR A PRELIMINARY PLAT REQUEST, P.S. #92-06, LYNDALE GARDEN CENTER, BY ROBERT SCHROER OF EAST RANCH ESTATES, TO REPLAT PROPERTY GENERALLY LOCATED AT 7620 UNSVERSITY AVENUE N,E,a MOTION by Councilman Fitzpatrick �o s�t �he public hearing for November 23, 3992 £or Preliminary Plat RequeSt, P.S. #92-06. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslp. C. ESTABLISH PUBLIC HEARING FOR NOVEMBER 23, 1992. FOR A REZONING REOUEST. ZOA #92-06. BY THE CITY OF FRIDLEY, TO REZONE CERTAIN PROPERTIES FROM M-2, HEAVY INDUSTRIAL TO M-3, OUTDOOR INTENSIVE. HEAVY INDUSTRIAL: MoTION by Councilman Fitzpatrick to se� the public hearing for November 23, 1992 for Rezoning Request, ZOA #92-06. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION bx Councilman Fitzpatrick to receive �he minutes of the Planning Commission Meeting of October 34, 1992e Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. � RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 28. 1992: SPECIAL U5E PERMIT REOUEST. SP #92-11, BY CELLULAR ONE, TO ALLOW RADIO TRANSMITTERS AND MICROWAVE TOWERS, GENERALLY LOCATED AT 5330 INDUSTRIA% BOULEVARD N.E.: Ms. Dacy, Community DeveTopment Director, stat.ed that Ce1luTar One is requesting this special use permit to anstall a one hundred foot transmitting tower and accessory structure to handle mobile phone signals. She statecY that this tower would be located in an industrial park and would be unobtrusive. She stated that staff's concern was in regard to liability, and she recommends that a hold harmless agreement be executed. Ms. Dacy stated that the petitioner has testified that the tower can sustain substantial winds up to two hundred miles per hour, and the probability of the tower galling is very smalle She stated that Mr. Dunlap from Cellular One was present this evening to answer any questions, MOTION by Councilman Fitzpatrici[ ta concur with the xecommendation of the Planning Commission and grant Special Use Permit� SF #92-11, with the following stipulation: (1) the petitioner and fee owner shall execute a hold harmless agreement whiah releases the City from any liability as a result of granting this special use permit. 70 FRIDLEY CITY COUNCYL MEETING OF NOVEMBER 9, 1992 PAGE 7 � Seconded by Councilman Schneidere Upon a voice voteo all voting aye, Mayor Nee declared the motion carried unanimously. Be ESTABLISH A PUBLIC HEARING FOR NOVEMBER 23. 1992, rOR A PRELIMINARY PLAT REOUEST, P.S. #92-07. DOWDS ADDITION, BY GLACIER PARK COMPANY. TO REPLAT PROPERTY GENERALLY LOCATED AT THE 400Q BLOCK OF EAST RIVER ROAD N.E.: MOTION by Councilman Fitzpatrick to set the public �earing for Preliminary Plat Request, P.S. #92-07, for November 23, 1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission Meeting o£ October 28, 1992, Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8e APPROVE EASEMENT ENCROACHMENT AGREEMENT EOR 5460 MATTERHORN DRIVE: Ms. Dacy, Community Development Director, stated that this request is to allow the construction of a 10 foot by 12 foot utility shed within the ten foot utility easement located along the west lot � line of Lot 2, Block 5, Innsbruck North Addition at 5460 Matterhorn Drive. She stated that the utility companies have been notified, and Northern States Power and U.S. West have indicated they have no problem with the encroachment. Ms. Dacy stated that the City has not received a response from Minnegasco or Nortel Cable, She stated that the petitioner gs being requested to contact Gopher State One Call to identify the existing underground utilities. She requested that CounciY approve the encroachment and reauest a hold harmless agreement. Councilman Schneider asked why Gopher State One Call was not contacted be£ore the Council takes action on the requeste Ms. Dacy stated that, in retrospect, it may have been better, but the City wanted to go directly to the utility companies in order to process the request as soon as possible. She stated that Mr. Hage wanted to construct the shed before the winter seasono Mr. Gregg Herrick, Assistant City Attorney, stated tha� the hold harmless agreement states if there is any problem with assessing the easement, the shed would have to be dismantled at the homeowner's expense. He stated that the homeowner is also responsible for rebuilding the shed. Mayor Nee asked if the shed could be moved to the east five feet. , Mr. Hage stated that he has a very small back yard, and landscaping has been installed in that area. � � � 71 FRIDLEY CITY COUNCIL MEETING OF NOVEMSER 9. 1992 PAGE 8 MoTION by Councilman Schneider to authorize �he easement encroachment agreement for 5460 Matterhorn Drive with Mr. and Mrs. Hage, as shown on the drawing submitted by Suburban Engineering, Inc. for Russell Builders, with the following stipulations: (1) the petitioner shall execute a hold harmless agreement releasing the City from liability; and (2) the petitioner shall contact Gopher State One Call to identify the existing underground utilities. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RESOLUTION N0. 88-1992 RENAMING VIRON ROAD TO HIGH47AY 65 EAST SERVICE DRIVE: MOTION by Councilman Schneider to adopt Resolution No, 88-1992, Seconded by Councilwoman Jorgenson. Upon a voice votea aYl voting ayea Mayor Nee declared the motion carried unanimously, 10. APPROVE LICENSE APPLICATIONS FOR RESIDENTIAL RENTAL PROPERTIES AT 541 53-1/2 AVENUE N.E., AND 4042 MP.YN STREET N.E.: Ms. Dacy, Community Development Director, stated that in 1991� the Council reviewed a potential ordinance regarding mother-in-law apartments in an R-1 district. She stated that at that time, it was determined that all parties in violation of the current ordinance would be given three years to bring their properties into compliance. She stated that the City has been working with the owners of the above two properties and recommended the Council approve the rental licenses with the stipulation that the property owners must convert these structures back into single family residences or cease operating duplexes by May 6, 1994. Ms. Dacy stated that the property owner at 541 53-1/2 Avenue has agreed with the stipulation and will complye However� the owner at 4042 Main Street has not indicated he would comply, but is aware of the deadline and that court action would be taken aftes May 6, 1994. MOTION by Councilman Billings to approve the rental licenses for the properties at 541 53-1/2 Avenue and 4042 Main Street, with the stipulatio� that the property owners must convert ihese structures back into sinqTe family residences or cease operating duplexes by May 6, 1994. Seconded �y Counailman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslyo 11. ESTABLISH A PUBLIC HEARING FOR AN ORDINANCE AMENDING CHAPTER 2 AND SECTION 4.04 OF THE FRIDLEY CITY CHARTER: MoTION by Councilman Schneider to set the public hearing on this proposed Charter amendment for December 14, 1992. Seconded by 72 FRIDLEY CITY COUNCIL MEETING OF NOVEMSER 9. 1992 PAGE 9 � Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. APPROVE CHANGE ORDER NO. 3 FOR STREET IMPROVEMENT PROJECT NO. ST. 1992 - 1 & 2: Mr. Flora, Public Works Director, stated that the engineer for this project has increased the size of the storm sewer piping to adequately handle the drainage from this site and the Department of Transportation is requiring a final mat on the street in order to receive Municipal State Aid fundse �e stated that the total cost for these changes is $16,097.50, and he requested the Council approve this change order. MOTION by Councilman Schneider to authorize Change Order No. 3 for Street Improvement Project No. ST. 1992 - 1& 2 with Northwest Asphalt, Inc. in the amount of $16,097.50. Seconded by Councilman Sillings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13e RESOLUTION N0. 89-1992 AUTHORIZING THE CITY OF FRIDLEY TO ENTER INTO AN AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR SIGNAL LIGHT YMPROVEMENT ON 73RD AVENUE N.E. AT T.H. 47 (UNIVERSITY AVENUE} AND T.H. 65 � (CENTRALI (AGREEMENT NO. 70256. S.P. 0205-57 AND 0207-57): Mr. Flora, Public Works Director, stated that the Department of Transportation is upgrading signals on 73rd Avenue at the intersections of University and Central Avenues. He stated that the City will be required to participate in ten percent of the construction costs for the signal improvement, as well as one hundred percent for the internally illuminated street name lighting on the pro�ecto He stated that both of these costs are estimated at $44,OOOe MOTION by Councilwoman Jorgensorz to adopt Resolution No, 89-1992. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RESOLUTION NO. 90-1992 AUTHORIZING MUNICIPAL STATE AID FUNDS TO DEFRAY CITY COSTS FOR TRAFFIC CONTROL SIGNALS ON 73RD AVENUE AT T.H. 47 (UNIVERSITY AVENUEI AND T. H. 65 (CENTRAL AVENUEIe MOTION by Councilwoman Jorgenson to adopt Resolution No. �0-i992. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrieci unanimously. � 73 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 9, 1992 PAGE 10 � 15e APPROVE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE FRYDLEY COMMiJNICATIONS WORKSHOP (ETC1: Mr. Burns, City Manger, stated that this agreement is with the Fridley Communications Workshop for funding in the amount of $36,750. MOTION by Councilman Schneider to approve this agreement between the City of Eridley and the Fridley Communications Workshop (ETC) for 1993. Seconded by Councilwoman Jorgenson. Councilman Schneider questioned if there are some programs that are drug oriented airing on the public access channel. He stated that he was told there was a program at 5:30 in the afternoon that appeared to glorify drug use, and he requested staff to check into this matter. UPON A VOICE VOTE TAKEN QN THE ABOVE MQTIQN, all voted aye, and Mayor Nee declared the motion carried unanimously, 16. RESOLUTION NO. 91-1992 DESIGNATING OFFICIAL DEPOSITORIES AND SAFE DEPOSIT ACCESS FOR THE CITY OF FRIDLEY: Mr. Pribyl, Finance Director, stated that this resolution is, � basically, a housekeeping item to change the name of the Assistant Finance Director who is allowed to sign withdrawal orders against funds held by the Fridley State Bank. MOTION by Councilman Schneider to adopt Resolution No. 91-1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslyo 17. RESOLUTION NO. 92-1992 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STORM SEWER PROJECT NO. 223: MOTION by Councilwoman Jorgenson to adopt Resolution No. 92-1992. Seconded by Councilman Billingse Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, 18. RESOLUTION NO. 93-1992 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR STORM SEWER PROJECT NO. 223: MOTION by Councilwoman Jorgenson to adopt Resolution No. 93-1492. Seconded by Councilman Schneider. Upon a voice vote, all veting aye, Mayor Nee declared the motion carried unanimouslye 19. RESOLUTION NO. 94-1992 DESIGNATING TIME AND NUMBER OF COUNCIL MEETINGS: � Mr. Burns, City Manager stated that a proposed 1993 meeting calendar was included in the Council's agenda; however, he has received requests from two councilmembers for amendments to this 74 FRIDLEY CITY COUNCIL MEETING OF NOVBMBEA 9, i992 FAGE 11 � calendar. He stated that a new caYendar �as been submitted reflecting these amendments. He stated tha� in the original calendar where there was a holiday on a MonflayP and the Council meeting date was shifted to Tuesday. He stated that this was not acceptable for the months of February and September. Mr. Burns stated that adjustments were also made to the budget work sessionso He stated that a budget woxk session was requested in early June, and the rest are to be held in July. He stated that the budget work sessions have been scheduled for June 3 and July 12 and 13. Councilman Schneider stated that if all three budget work sessions were in June, he would miss all three. Councilwoman Jorgenson s�ated that the meetings make it difficult to take a vacation, and she felt more comfortable witfi the amended calendar. MOTION by Councilman Schneider to adopt Resolution No. 94-1992, and approve the amended calendar for the i993 Council meetings. Seconded by Councilwoman Jorgenson. Councilman Billings stated the amended calendar has meetings on � July 6, 12, and 13. Mr. Burns stated that a budget work session is almost mandatory in June or July because of the Charter requirementse Councilman Schneider suggested changing the July 12 and 13 budget work sessions to July 2o and 21e MOTION by Councilma� Schneider to amend the amended calendar by changing the proposed budget work sessions scheduTed for July 12 and 13 to July 20 and 21. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslye UPON A VOICE VOTE ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimouslye 20. INFORMAL STATUS REPORTS: METROPOLITAN TRANSIT COMMISSION (MTC) TRAFFIC LANE ON HIGHWAY 47 (UNIVERSITY AVENUEI: Councilwoman Jorgenson questioned the traffic lane to be used by buses on University Avenue. � Mr. Flora, Public Works Director, stated that MNDOT is allowing the buses to drive on the shoulder to expedite their passage. He ' 75 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 9, 1992 PAGE 12 stated that MNDOT initiated a policy where the buses could drive on the shoulder during the morning and afternoon rush periods. Councilwoman Jorgenson stated that this was initiated by the MTC and the Department of Transportation and not t�e City. Mr. Flora stated thai the City did not know about it until they started putting up the signs. He stated that it is the MTC's position �hat this is a means o£ expediting the rapi� transit systemo Councilwoman Jorgenson stated she has received calls that traffic was backing up where they were not permitted right hand turns, and that the bus drivers are not always courteous in allowing cars to turn into the right hand lane, She felt that bt might be advantageous to air a tape, if one is available, to inform the public that this is not a car pool lane but a restricted lane for buses. Councilman Schneider felt that probably an article regarding this matter should be included in the City newsletter. 21. CLAIMS: � MOT%ON by Counoilman Schneider to au�horaze payment of C1aim Nos. 46050 through 46391. Seconded by Councilwoman Jorgensone iJpon a voice vote, all voting aye, Mayor Nee cleclared the motion carried unanimously. 22e LICENSES° MOTION by Councilman Fitzpatrick to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslye 23� ESTIMATES° MOTION by Councilman Schneider to approve the estimates as submittedo Pitt-Des Moines, Inc. 1�15 Tuttle Streef. Des Moines, IA 50309 Construction of the T.5 MG Elevated Water Reservoir, Project No. 201 FINAYa ESTIMATE .. o a., a, o e. e.., e$ 15,680.25 � � � l�. _J 76 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 9, 1992 PAGE 13 Northwest Asphalt 1451 County Road No. 18 Shakopee, MN 55379 1992 Street Improvement Project No. ST. 1992 - 1& 2 Estimate No. 4 . . . . . . . . . . . . . . . $385, 507.38 Seconded by Councilwoman Jorgenson. iTpon a voice vote, all voting aye� Mayor Nee declared the motion carxied unanimously, ADJOURNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and fhe Regular Meeting of the Fridley City Council of November 9, 3992 adjourned at 9:05 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J, Nee I�Iayor