04/05/1993 BOE - 00004961r
�
I I
�
THE MINIITES OF THE MEETING OF THE BOARD OF REVIEW OF APRIL 5. 1993:
The meeting of the Board of Review was called to order at 7:37 p.m.
by Mayor Nee.
PLEDGE OF ALLEGIANCE:
Mayox Nee led the Council and audience in the Pledge of Allegiance
�o the Flag.
ROLL CALL:
MEMBERS PRESENT:
MEMBERS ABSENT:
Mayor Nee, Councilwoman Jorgenson, Councilman
Billings, Councilman Schneider and Councilman
Fitzpatrick.
None.
Mayor Nee introduced Leon Madsen, City Assessor, and said that he
would discuss the process and limits of the authority o£ the Soard
of Review to make adjustments and what the criteria for adjustments
normally would be.
Mr. Madsen, City Assessor, introduced xepresentatives from the
Anoka County Assessor�s Office, Mr. Gordon Starkel and Mr. A1 Bark.
Mr. Madsen also introduced Jeff Nienaber, the Fridley Appraiser.
Mr, Madsen indicated that the City Council constituting the Board
of Review has three possible options for dealing with each case.
They may affirm the Assessor's decision, they may choose to reduce
the Assessor's decision, or they may choose to increase individual
assessments.
Total Petroleum, 5300 Central Avenue N.E.:
Mr. Madsen stated that no one was present at the meeting to
represent Total Petroleum. Mr. Madsen recommended that the
$150,900 value established by the Assessor's office be affirmed.
MOTION by Councilman Fitzpatrick to affirm the Assessor's value of
$150,900. Seconded by Councilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
G.W. Paschke Pro�erties, Inc., 7989 Main Street:
Mr. Madsen stated that no one was present at the meeting to
represent G.W. Paschke Properties, Inc. Mr. Madsen stated that the
petition is basically for the building identified as Ron's Ice Co.
Mr. Madsen recommended that the $933,600 value established by the
Assessor°s office be affirmed.
MOTION by Councilman Fitzpatrick to affirm the Assessor's value of
$933,600. Seconded by Councilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
�
�
�
SOARD OF REVIEW MEETING OF APRIL 5, 1993 Paqe 2
G W Paschke Properties Inc. 7820-80 Universitv Avenue N.E.:
Mr. Madsen stated that no one was present at the meeting �o
represent G.W. Paschke Properties, Inc. Mr. Madsen recommended
that the $891,200 value established by the Assessor's office be
affirmed.
MOTION by Councilman Fitzpatrick to affirm the Assessor's value of
$891,200. Seconded by Councilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimouslyo
Lvnwood Nursinq Home, 5700 East River Road:
Mr. Madsen stated that no one was present at the meeting to
represent Lynwood Nursing Home. Mr. Madsen indicated that his
office had established a value of $829,502 for the property. Mr.
Madsen indicated that the petition was received on Monday, April 5,
1993, and his office did not have time to study the comparables
provided by the petitioner.
Mr. Madsen recommended that the $829,502 value established by the
Assessor's office be affirmed, with the understanding that further
research regarding this petition would be conducted.
MOTION by Councilman Fitzpatrick to affirm the Assessor's value of
$829,502. Seconded by Councilmember Jorgenson. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Schneider to close the meeting of the Board
of Review. Seconded by Councilwoman Nancy Jorgenson. Upon a vozce
vote, all voting aye, Mayor Nee adjourned the meeting at 7:50 p.m.
Respectfully submitted,
William W. Burns
�cting Secretary to the City Council
Approved:
William 3. Nee
Mayor
�
�
�
THE MINUTES OF THE REGIILAR MEETING OF THE FRIDLEY CITY COUNCIL OF
APRIL 5, 1993•
The regular meeting of the Fridley City Council was called to order
at 7:50 p.m. by Mayor Nee, after the Board of Review meeting.
ROLL CALL:
MEMBERS PRESENT:
Mayor Nee, Councilwoman Jorgenson, Councilman
Billings, Councilman Schneider, and Councilma�
Fitzpatrick.
MEMBERS ASSENT: None.
APPROVAL OF MINUTES:
COUNCIL MEETING, MARCH 15, 1993:
MOTION by Councilman Schneider to approve the minutes as presented.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
ADOPTION OF AGENDA:
Councilman Schneider stated that he would like to add a resolution
nominating Mayor Nee for the C.C. Ludwig Award to the agenda.
MOTION by Councilman Schneider to adopt the agenda with the above
addition, (16.5) Resolution Authorizing the Nomination of Mayor
William J. Nee for the C.C. Ludwig Award for Distinguished Service.
Seconded by Councilwoman Jorgensone Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
OPEN FORUM, VTSITORS:
There was no response from the audience under this item of
business.
PUBLIC HEARINGS:
2.
�
PUBLIC HEARING ON AN ORDINANCE RECODIFYING THE FRIDLEY CITY
CODE, CHAPTER 205, ENTITLED "ZONING" SY AMENDING SECTION
205.04.D4.I•
PU&LIC HEARING ON AN ORDINANCE ESTASLISHING CHAPTER 20S
ENTITLED "EROSION CONTROL" TO THE FRIDLEY CSTY CODE:
MOTION by Councilman Fitzpatrick to waive the reading of the public
hearing notioes and open the public hearings, Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously and the public hearings
opened at 7:54 p.m.
ERIDLEY CITY COUNCIL MEETING OF APRIL 5, 1993 PAGE 2
� Ms. Dacy, Community Development Director, defined the difference
between non-point source and point source pollution. She stated
that it was the goal of the Minnesota Pollution Control Agency
(MPCA) to reduce non-point source pollution by forty percent by
1996. She stated that the MPCA was acting under the requirements
of Section 319 of the Federal Clean Water Act. She stated that the
Metropolitan Council was assisting the EPA by requiring local
adoption of water quality ordinances.
�
�
Ms, Dacy stated that the amendment to Chapter 205 of the Fridley
City Code adopts by reference the MPCA's best management practices
requiring developers to submit grading and drainage plans. She
stated it also requires a conservation plan (erosion control plany
along with a schedule of imglementation. Additionally, it requires
an "as built" survey of detention facilities and provides that
owners must execute a maintenance agreement for maintenance of
detention ponds and other storm water facilities that are created
for a given project.
Ms. Dacy stated that the amendments to Chapter 208 of the Fridiey
City Code deal with erosion controi. She stated �hat the
amendments to this section of the Fridley City Code would adopt
technical guidelines to be used for erosion control. She stated
the ordinance requires submission of a conservation plan at the
time of issuance of a building permit or a land alteration permit.
Ms. Dacy stated that they were currently working on a third piece
of legislation--a shore land ordinance. She said staff was working
with the Department of Natural Resources staff to develop an
ordinance.
Ms. Dacy sta�ed that she included a proposed fee schedule that was
to be used for implementing the conservation plan as part of the
agenda. She stated that while no action was necessary by Council
on the fee schedule at this meeting, she was providing the fee
schedule in order to alert Council that it would be proposed in the
near future.
Councilman Schneider askefl whether the proposed amendments to
Chapter 205 of the Fridley City Code applied to single family homes
and wanted to know if the proposed fee schedule also applied to
single family homes.
Ms. Dacy stated that it did not apply to single family lots unless
the lots had a slope that was greater than twelve percent. She
stated as a recent example that the Rainville property at the end
of Anoka Street would have required an erosion fee.
No persons in the audience spoke regarding the proposed amendments
to Chapters 205 and 208.
FRIDLEY CITY COIINCIL MEETING OF APRIL 5, 1943 PAGE 3
� MOTION by Councilman Fitzpatrick to close the public hearings.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 8:03 p.m.
OLD BUSINESS•
4. RESOLUTION NO. 28-1993 ORDERING IMPROVEMENT, APPROVAL OF PLANS
AND ORDERING ADVERTISEMENT FQR BIDS: STREET IMPROVEMENT
PROJECT NO. ST. 1993 - 10 (SEALCOATI (TABLED MARCH 15, 1993):
Mayor Nee removed this item from the table.
Mr. Flora, Public Works Director, stated that the scope of
sealcoating was reduced at the request made by Councilman Schneider
at the City Council meeting of March 15, 1993.
Councilman Schneider thanked staff for the modifications and asked
whether any independent testing of the asphalt would be done as
part of the 1993 sealcoating process.
Mr. Flora stated that the Minnesota Department of Transportation
will be doing independent testing.
MOTION by Councilman Schneider to adopt Resolution No. 28-1993.
� Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously,
5. APPOINTMENTS TO CITY OF FRIDLEY COMMISSIONS (TABLED MARCH 15,
1993 :
HOUSING AND REDEVELOPMENT AUTHORITY:
MOTION by Councilman Billings to reappoint Duane Prairie to the
Housing and Redevelopment Authority for a five-year term expiring
June 9, 1998. Seconded by Councilman Schneider. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
ENVIRONMENTAL QUALITY AND ENERGY COMMISSION:
MOTION by Councilman Fitzpatrick to reappoint John Velin to the
Environmental Quality and Energy Commission for a three-year term
expiring April 1, 1996. Seconded by Councilman Schneider. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
HUMAN RESOURCES COMMISSION:
MOTION by Councilman Schneider to table the appointment ta the seat
�held by Susan Sherek. Seconded by Councilwoman Sorgenson. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
�
�
FRIDLEY CITY COUNCIL MEETING OF APRIL 5. 1993 PAGE 4
NEW BUSINESS:
6. ESTABLISH A PUBLIC HEARING FOR APRIL �9, 3993, FOR T.R.
MCCOY'S FOR A LI UOR LICEN5E:
Mr. Pribyl, Finance Director, stated that the ownership of the
property changed, and the change required a public hearinq for the
liquor license transfer.
Councilman Schneider asked if an extraordinary majority was
required for the approval of a liquor license.
Councilman Billings stated he thought it only took a majority vote.
Councilman Schneider stated that he may not be able to attend the
meeting on April 19, 1993.
MOTION by Councilwoman Jorgenson to set the public hearinq for
April 19, 1993, for �he liquor license transfer for T.R. McCoy's.
Seconded by Councilman Schneider.
Councilman Billings asked if the new owners were going to change
the name of T.R. McCoy's to Champs.
Mr. Pribyl stated that they will not be changing the name.
UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee
declared the motion carried unanimously.
7. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY
CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C
OF THE CITY CODE (VACATION REOUEST, SAV #92-03, BY BOB'S
PRODUCE RANCH; 7620 UNIVERSITY AVENUE N.E.1:
Ms. Dacy, Community Development Director, stated that the
petitioners were requesting a vacation of a ten foot drainage and
utility easement on the north property line of the property, and
the vacation of a fifty foot street and utility easement on the
east portion of the property.
MOTION by Councilman Fitzpatrick to waive the reading an approve
the ordinance on first reading. Seconded by Councilman Schneider.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
8. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
MARCH 14, 1993:
A. SPECIAL USE PERMIT REQUEST, SP #93-03, BY RICHARD KEDROWSKI,
� TO ALLOW ACCESSORY BUILDINGS OTHER THAN THE FIRST ACCESSORY
BUTLDING, OVER 240 SOUARE FEET, GENERALLY LOCATED AT
6584 ANOKA STREET:
Ms. Dacy, Community Development Director, pointed out that this
property is located at the intersection of Anoka Street and
FRIDLEY CITY COUNCIL MEETZNG OF APRIL 5 1993 PAGE 5
� 66th Avenue. She stated that the property is zoned R-1, and
described the history of the property from 1988 to present. She
said that at that time a single family home building permit was
issued. At the time the new home was being constructed, an
existing detached garage was in place on the property. She pointed
out under the Cityos codes, the second garage requires a special
use permit. The special use permit request was approved by the
Planning Commission, subject to the stipulation that the existing
garage be painted.
Mayor Nee asked if there would be driveway access for the second
garage.
Ms. Dacy replied said that it would not. She said that the
detached garage would be strictly for storage.
Councilman Schneider asked Mr. Kedrowski to confirm that there
would be no driveway to the detached garage.
Mr. Kedrowski confirmed that and indicated that the garage would
be used strictly for the storage of motorcycles.
MOTION by Councilman Schneider to grant Special Use Permit Request,
SP #93-03, subject to the stipulation that the existing garage be
� painted. Seconded by Councilwoman Jorgenson, Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously,
B. ESTABLISH A PUBLIC HEARING FOR APRIL 19, 1993, FOk A
PRELZMINARY PLAT REOUEST, P.S. #93-01, "ANDERSON DEVELOPMENT
REPLAT," BY ANDERSON TRUCKING SERVICE. INC., TO REPLAT
PROPERTY. GENERALLY LOCATED AT 7699 CENTRAL AVENUE N.E.;
MOTION by Councilman Schneider to set the public hearing on
Preliminary Plat Request, P.S. #93-01, for April 19, 1993.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
C. ESTABLISH A PUBLIC HEARING FOR MAY 3, 1993, FOR A VACATION
REOUEST, SAV #90-02, TO VACATE BROAD AVENUE NORTH OF LAFAYETTE
STREET BY THE CITY OF FRIDLEY:
MOTION by Counoilman Fitzpatrick to set the public hearing on
Vacation Request, SAV #9Q-Q2, for May 3, 1493. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
MOTION by Councilman Jorgenson to receive the minutes of the
Planning Commission meeting of March 14, 1993. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
� declared the motion carried unanimously.
FRIDLEY CITY COIINCIL MEETING OF APRIL 5, 1993 PAGE 6
� 9. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF
MARCH 2. 1993:
�
�
A. VARIANCE REOUEST, VAR #93-01, BY SIGNART FOR PLYWOOD
MINNESOTA, INC.. TO ALLOW THE CONTINUANCE OF A VARIANCE
GRANTED PRIOR TO NOVEMBER 21, 1977, TO ALLOW THE REMODELING
OF A SIGN. GENERALLY LOCATED AT 5401 EAST RIVER ROAD N.E.:
Ms. Dacy, Community Bevelopment Director, indicated that the
property was zoned M-2 and that under the City's ordinances,
pre-1977 variances for siqns require the approval of Council.
Ms. Dacy stated that in 1970, Plywood Minnesota was given a
variance for a 300 square foot sign located along I-694. Recently,
the petitioner requested that while changing the name from Plywood
Minnesota to Home Valu that the company be allowed to keep the
300 square foot sign.
Ms. Dacy indicated that when this item came before the Appeals
Commission in February, 1993, the Appeals Commission tabled
consideration of this request. Subsequently, a representative of
the applicant reduced the size of the proposed sign from 300 square
feet to a total square footage of 186.25 square feet. This
included 140 square feet for the Home Valu portion of the sign,
32.75 square feet for a time and temperature portion, and
13.5 square feet for another segment that would read "open Tonite."
Ms. Dacy stated that the Appeals Commission felt that a hardship
did exist. She stated that the Tippeals Commission also indicated
�ha� even if a special use permit for �he time and temperature
portion o£ the siqn were not approved, they were willing to support
the other two sign segments that were being requested.
Mr. Brottland, a representative from SignArt, provided a brief
rationale for the varianae.
Councilman Fitzpatrick pointed out that the sign is a large sign.
Mr. Brottland said that the main sign is less than fifty percent
of the size of the existing sign, and that the total sign square
footage is only about two-thirds of the size of the original sign.
He stated that the speed of traffic, the existence of trees and
shrubs, and the size of the Wickes sign justify a larqer sign for
Home Valu.
Councilman Fitzpatrick asked where the sign would be located.
Ms. Dacy stated that the sign would be located on the subject
property just east of the frontage road that is located along the
south side of I-694.
FRIDLEY CITY COUNCIL MEETING OF APRIL 5 1993 PAGE 7
' Councilman Schneider asked how the proposed size of the Home Value
sign compares with the variances granted for Menards and Embers.
Ms. Daay stated that both of the signs are only 120 square feet.
Mr. Brottland stated that he felt that I-694 was a different
situation from the Highway 65 situation. He also said that he
hoped Council would give some consideration to the fact that
Plywood Minnesota has been a member of the community for thirty
years. He said that it was important for Plywood Minnesota when
changing its name to present itself well.
Councilman Fitzpatrick stated that he felt that this would set a
precedent in that area.
Mre Brottland stated that he felt that Council needed to take each
situation into consideration.
Councilman Fitzpatrick asked if the ordinance requires or limits
the size of detached signs to 80 square feete
Councilman Schneider stated that Mr. Brottland was using the size
of the Wickes sign as rationale for the Home Value sign.
� Mr. Brottland stated that the wall sign that they have is not
really effective in attracting traffic. He stated that there is
a sign in Bloomington similar to the sign being requested. He also
said that the Home Valu logo does not lend itself to being strung
out in consecutive words.
Councilman Fitzpatrick asked how big the sign would be without the
time and temperature portion.
Mr. Brottland stated that it would be 153 square feet.
Councilman Billings commented on the location of the building near
the freeway and the distance of the building from the freewayo H�
stated that there are some unique circumstances at that location
that are different from those on Central Avenue. He said these
circumstances help to explain the need for a larger sign. He
suggested that perhaps Home Valu should be willing to deny
themselves the wall signage as a trade-off for a larger detached
sign.
Councilman Fitzpatrick indicated that he felt that this was the
occasion when we were supposed to be getting rid of big sign
problems.
Councilman Schneider indicated that he agreed with Councilman
' Fitzpatrick, and in order to be consistent, he would only support
a sign that would be in the range of 140 square feet to 150 square
feet.
ERIDLEY CITY COUNCIL MEETING OF APRIL 5. 1993 PAGE 8
� Councilwoman Sorgenson, concurred with Councilman Schneider's
comments, and stated that she would remove the time and temperature
portion of the sign. She did not seem to feel that this was
pertinent to advertising the business.
Mr. Brottland asked Council how many times they have been by retail
establishments that have time and temperature signs, and whether
or not they look at them. He stated he thought it was a very
important way to draw attention to retail properties.
Councilman Schneider stated that the code requires an 80 square
foot sign. He stated that we were offering Home Valu a 153 square
�oot sign. He stated further that the petitioner could use the 153
square feet any way the petitioner wanted to, including
incorporating the time and temperature portion of the sign, within
that dimension.
Mr. Brottland stated that this was not practical. He said that
Council should consider the current economic climate in making
their decision. He said that Council should also consider that
Home Value has a similar sign on I-394.
MOTION by Councilman Billings to table this item until the May 3,
1993, City Council meeting, to allow the Boschwitz family to
� express their points of view. Seconded by Councilman Schneider.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
10. RECEIVE AN ITEM FROM THE PLANNING COMMISSION MEETING OF
MARCH 10, 1993t
A, SPECIAL USE PERMIT REOUEST, SP #93-02, BY SIGNART FOR
PLYWOOD MINNESOTA. INC., TO ALLOW AN AUTOMATIC CHANGEABLE
SIGN, GENERALLY LOCATED AT 5401 EAST RIVER ROAD N.E.:
MOTION i�y Councilman Billings to table this item until the May 3,
1993, City Council meeting. Seconded by Councilman Schneider.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
11. RESOLUTION NO. 29-1993 APPROVING A SUBDIVISION, LOT SPLIT,
L.S. #93-02, BY MILDRED KING. TO CREATE TWO SEPARATE PARCELS,
PARCEL A AND PARCEL B. GENERALLY LOCATED AT 71 - 63 1/2 WAY
N.E.
Ms. Dacy, Community Development Director, stated that the property
is on the north side of 63 1/2 Way N.E., and the lots being
proposed by the lot split met the minimum lot requirements. She
stated that the setback requirements for an existing house on the
' second lot fell one foot short of the legally required frontage
width for the newly created lot. The lot would be 74 feet wide
rather than 75 feet wide.
�
FRIDLEY CITY COUNCIL MEETING OF APRIL 5, 1993 PAGE 9
Councilman Schneider asked why the Planning Commission chose to
create a lot width variance rather than a side yard variance.
Ms. Dacy stated that creating a side yard variance would have
required two processes--a side yard variance, and a lot split. She
also pointed out that CounciT through the subdivision ordinance was
the power to allow a lot width variance as part of the lot split
prooess.
MOTION by Councilman Fitzpatrick to adopt Resolution No. 29-1993.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
12. APPROVE 1993-1995 RECYCLING SERVICES AGREEMENT WITH SUPER
CYCLE, INC.•
Ms. Dacy, Community Development Director, stated that under the
proposed contract, the per unit costs for single family homes would
be $1.43 and multiple family units would be $1.99. She also said
that the new contract provides for the collection of magazines and
catalogs. She explained further that as of June 1, 1993, the City
expected to include 727 multi-unit dwellings in the contractor's
service area.
� Ms. Dacy also explained that under the proposed contract, Super
Cycle, Inc., would provide a recycling brochure. 5he said it also
provides for a penalty clause for such things as missed pick-ups,
throwing of containers, and missed blocks. She indicated that she
expected the contract to cost approximately $300,000, and that we
could anticipate offsetting revenues of $327,000.
Ms. Dacy stated that Lisa Campbell, the Recycling Coordinator, was
present to answer questions. She introduced Nancy Healy from Super
Cycle, Inc., who was also present to answer any questions.
Councilwoman Jorgenson stated that pop cans are still falling off
Super Cycle's recycling trucks in front of her house.
Councilman Schneider stated that he is pleased to see the penalty
clauses, but he questions how they will be enforced.
Ms. Campbell stated Super Cycle completes a conveyance form that
is sent to her. The form contains a list of late set outs.
Ms. Campbell stated that she also calls and asks individuals when
they put out their recyclables.
Councilman Schneider asked if the truck came by at 7:15 a.m. and
he puts his materials out at 7:30 a.m., how can we prove that the
material was set out late.
� Ms. Campbell stated that they assume that the customer is always
right. But in a case like that, the driver would probably identify
�
�
�
FRIDLEY CITY COUNCIL MEETING OF APRIL 5. 1993 PAGE 10
the address as a"late set out."
and a tag would be left in the
time. This would be done twice.
out material would not be picked
also said that Super Cycle is
before they are penalized.
The material would be picked up,
container indicating the set out
Upon the third time the late set
up, but it would be tagged. She
allowed twelve misses per month
Councilwoman Jorgenson asked when the magazine and catalog ser�rice
would start.
Ms. Campbell stated that its service for magazines and catalogs
bound with staples began on April 1, 1993, She also stated that
we will not be accepting glue-bound catalogs.
Councilman Schneider asked if Super Cycle would take broken glass.
Ms. Healy stated that they will take broken glass if it is bagged.
If it is not bagged, it is likely that it will not be picked up,
She also stated that she would check on Councilwoman Jorgenson's
complaint regarding cans dropping from Super Cycle vehicles. She
stated that Super Cycle would be more than happy to accept �he
challenge of the penalty clauses.
Councilwoman Jorgenson asked if the drivers were ever penalized.
Ms. Healy stated that the demerit system with their drivers allows
up to twenty demerits before the driver is dismissed. If the
driver gets ten demerits, he is sent home. Yf �he driver receives
fifteen demerits, the punishment is more severe, and at twenty
demerits, the driver is dismissed.
MoTION by Councilman Dennis Schneider to approve the contract
between the City of Fridley and Super Cycle, Inc., for recycling
services from 1993-1995. Seconded by Councilwoman Jorgenson. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
13e ESTABLISH A PUBLIC HEARING FOR APRIL 19, 1993, TO AMEND
CHAPTERS 113. ENTITLED "SOLID WASTE DISPOSAL AND RECYCLING
COLLECTION;1° CHAPTER 220, ENTITLED "RESIDENTIAL RENTAL AND
CONDOMINIUM COMMON AREA MAINTENANCE;" AND CHAPTER 11, ENTITLED
"GENERAL PROVISIONS AND FEES" OF THE FRIDLEY CITY CODE:
MOTION by Councilwoman Torgenson to establish a public hearing for
April 19, 1993, to amend Chapters 113, entitled "Solid Waste
Disposal and Recycling Collection;" Chapter 220, entitled
"Residential Rental and Condominium Common Area Maintenance;" and
Chapter 11, entitled °General Provisions and Fees" of the Fridley
City Code. Seconded by Councilman Schneider. Upon a voice votep
all voting aye, Mayor Nee declared the motion carried unanimously.
FRIDLEY CITY COIINCIL MEETING OF APRIL 5 1993 PAGE 11
1 14. APPROVE CONTRACT WITH AYRES AND ASSOCIATES FOR THE DESIGN OF
LOCKE LAKE DAM•
Mr. Flora, Public Works Director, said that the City received
responses to our request for proposal from six firms. He statecl
�hat Ayres and Associates was judged by staff to have the best
proposal. He explained that under the terms of the proposal the
costs for designing the Locke Lake Dam are not to exceed $70,000,
and the project cost was not to exceed $500,000.
Mr. Flora said that several changes were suggested by City Attorney
Virgil Herrick. The changes involved field office facilities. The
second change added a phrase that the consultant will carry
$1 million of professional liability insurance.
Councilman Schneider asked what tiappened i£ the dam collapsed,
Mr. Flora stated that the $1 million liability clause has been
added to cover this eventuality.
Mr. Greg Herrick, City Attorney, responded that it woulci cover
payment if it was determined that there was a design defect.
MOTION by Councilman Fitzpatrick to approve the contract with Ayres
' and Associates for the design of Locke Lake Dam.
15. RESOLUTION NO. 3D-1993 ORDERING PRELIMINARY PLANS,
SPECIFICATIONS, AND ESTIMATES OF THE COSTS THEREOF FOR STREET
IMPROVEMENT PROJECT ST. 1993-1 & 2:
Councilman Schneider asked about the status of the petitions for
the street improvement project.
Mr. Flora, Public Works Director, responded that he had received
all the petitions except for Regis Lane. He stated that those
petitions were still circulating.
MOTION by Councilman Fitzpatrick to adopt Resolution No. 30-1993.
Seconded by Councilman Steve Billings. Upon a voice vote, Mayor
Nee, Councilman Billings, Councilman Schneider and Councilman
Fitzpatrick voted in favor of the motion. Councilwoman Jorgenson
abstained from voting on the resolution.
16. RESOLUTION NO. 32-1993 RECEIVING THE PRELIMINARY REPORT AND
CALLING FOR A PUBLIC HEARING ON TAE MATTER OF CONSTRUCTION OF
CERTAIN IMPROVEMENTS: STREET IMPROVEMENT PROJECT NO. ST.
1993 - 1 & 2:
MOTION by Councilman Schneider to adopt Resolution No. 32-1993.
� 5econded by Councilman Steve Billings. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
FRIDLEY CITY COUNCIL MEETING OF APRIL 5, 1993 PAGE 12
� 16.5 RESOLUTION NO. 31-1993 AUTHORIZING THE NOMINATION OF MAYOR
WILLIAM J. NEE FOR THE C.C. LUDWIG AWARD FOR DISTINGUISHED
SERVICE:
MOTION by Councilman Schneider to adopt Resolution No. 31-1993,
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
17. INFORMAL STATUS REPORTS:
Mr. Burns, City Manager, stated that there were no informal status
reports.
18. CLAIMS:
Mso Dacy, Community Development Director, requested that Counail
add a$200 cTaim for Adventures in Video. She statecl that this was
a reimbursement for a sign deposit.
MOTION by Counailwoman Jorgenson to add a claim from Adventuxes in
Video in the amount of $200 to the claims. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
� MOTZON by Counoilman Schneider to authorize payment of Claim Nos.
48467 through 48775 and $20o to Adventures in Video. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
19. LICENSES•
MOTION by Councilman Schneider to approve 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.
20. ESTIMATES:
MOTION by Councilman Fitzpatrick to approve the estimates as
submitted:
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432
Statement for Services Rendered
as City Prosecuting Attorney for
the Month of February, 1993: . . . . . . . . . . $12,907.50
� Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
�
�
�
FRIDLEY CITY COUNCIL MEETING OF APRIL 5, 1993 PAGE 13
ADJOURNMENT°
MOTION by Councilman Schneider to adjourn the meeting. Seconded
by Councilman Billings. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously, and the regular
meeting of the Fridley City Council of April 5, 1993, ad7ourned at
9:13 p.m,
Respectfully submitted,
William W. Burns
Acting Secretary to the City Council
Approved:
William S. Nee
Mayor