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10/18/1993 - 00005248� � � THE MINUTES OF THE REGULAR MEETING OF THE FRI�LEY CITY COUNCIL OF OCTOBER 18, 1993 The Regular Meeting of the Fridley City Council was called to order at 7:40 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councllwoman Jorgenson, and Councilman Billings MEMBERS ABSENT: Councilman Schnelder and Councilman Fitzpatrick APPROVAL OF MINUTES: COUNCIL MEETING, OCTOBER 4, 1993: MOTION by Councilwoman Jorgenson 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 Billings to adopt the agenda as submitted. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: ANOKA COUNTY SHERIFF KENNETH G. WILKINSON Sheriff Wilkinson stated that his purpose for attending this meeting was to continue the effort of good communication between the Anoka County Sheriff's Department and the communities they serve. He stated that the workinq relationship between the Sheriff's Department and the Fridley Police Department is excellent. Sheriff Wilkinson stated that the Fridley Police Department investigates most of the crimes that occur in the City. He stated that A.C.S.O. (C.I.D.) investigated that this number was up from 248 to 252. He stated that these incidents involve death investigations, sexual assaults, and drug enforcement activities. He stated that there were 58 death investigations in Fridley in 1992. The sexual assaults are increasing in the County with 551 cases reported this year compared to 495 the previous year. He stated that 82 of these assaults occurred in Fridley, an increase from 54 for the previous year. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18, 1993 PAGE 2 � Sheriff Wilkinson stated that the County's drug enforcement unit is staffed by four full-time investigators, as well as a deputy assigned from the patrol division. An officer from the Fridley Police Department also works with their unit. He stated that in 1992, there were 448 drug complaints resulting in 180 arrests. He stated that hard core drugs are in the Anoka County communities, and the drug enforcement unit investigated 57 cases in Fridley during 1992. So far in 1993, the activity is at or surpassing last year's figures. Sheriff Wilkinson stated that the County provides crime lab services in the areas of fingerprinting, reconstructing accident scenes, and line-ups. He stated that another service available is the County 7ai1. Over 9,500 people were booked in 1992, and Fridley is one of the leading contributors. He stated that the County does not currently have a canine unit since the death of the canine dog, but the dog will be replaced the first part of next year. He stated that the SWAT team assists with barricaded suspects or hostage situations. The dogs are also used as an entry team for drug enforcement operations. Councilwoman Jorgenson stated that the City en�oys working with the Anoka County Sheriff's Department, and Sheriff Wilkinson's cooperation is greatly appreciated. � Mr. Herrick, City Attorney, asked how the new fingerprinting technology was working and ii it is proving to be useful. Sheriff Wilkinson stated that the new technology in processing fingerprints is a live screen fingerprint where a picture is actually taken, rather than using the old ink and roll method, He stated that Anoka County was one of the first to acquire this technology, and it is working well. He stated that their agency is the only one that is on-line with the State Bureau of Criminal Apprehension. He stated that this fingerprinting technology is growing. The FBI is working to gain this technology, and it is expanding. Mayor Nee thanked Sheriff Wilkinson for coming to the meeting. He stated that the City is very proud of the relationship between the Fridley Police Department and the Anoka County Sheriff's Department. PROBLEMS AT MOORE LAKE APARTMENTS: Ms. Carolee Zinter, Site Supervisor at the Moore Lake Apartments, stated that they are experiencing ma�or problems with �uveniles in another complex in the area. She stated that these �uveniles break windows, throw dirt, soratch vehicles, and knock down people with � their bikes. She stated that there is no cooperation from the parents of these �uveniles. She stated that she wanted the Moore Lake Apartments to be a complex the City can be proud of, but she FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18, 1993 PAGE 3 � needs assistance from the Police Department because people will be moving out. She stated that she has talked with the supervisors of the other units, and she felt that perhaps a meeting should be held to discuss these problems. Mayor Nee stated that the Council has been very concerned. Within the last six months the City has started to develop ways in which to deal with these problems. Mrs. Wells, 1000 Lynde Drive, stated that she is experiencing trouble with a family. She stated that members of this particular family have broken her window wells and fence. She stated that when she tells the parents, they do nothing except swear. 5he stated that the owner of Polk Apartments also has done nothing. He stated that he cannot afford to get rid of this family. She stated that there is another apartment complex that has no caretaker. She stated that she would like some action taken in regard to the Polk Apartments because they are trouble. Councilwoman Jorgenson stated that the owners of the apartments can be identified through the City's records. She stated that a letter was received from Carolee Zinter dated October 18, 1993. MOTION by Councilwoman Jorgenson to receive the letter from Carolee � Zinter dated October 18, 1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Dave Sallman, Public Safety Director, stated that Ms. Zinter has been in contact with Gary Lenzmeier, Assistant Public Safety Director. He said that there really is a problem, and the Police Department will do everything they can to try and resolve it. He stated that it sounds like it is basically one family that is involved. Councilwoman Jorgenson stated that she understands this juvenile will be appearinq in court shortly, and the letter that Ms. Zinter has submitted and any other information should be sent to the �udge. She stated that the City has been working with a youth outreach worker to try and resolve some of these situations She stated that the City has also decided to add three police officers for next year to afford better protection for the people in the community. She stated that youth crime activities are a great concern to the Council, and she supported working with the apartment owners to try and resolve the issues and to find other activities in which �uveniles can be involved rather than harassing the community. Ms. Dacy, Community Development Director, stated that the City is � in the process of implementing an inspection program for rental units and is working with the Minnesota Housing Finance Agency to develop a rehabilitation loan program to make improvements to � LJ LJ FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18, 1993 PAGE 4 multi-family and other types of units. She stated that the City has an in-house staff which meets to try to address problems that are occurring in multi-family buildings. Mayor Nee advised the residents that the City would try and assist them with these problems. PUBLIC HEARINGS: l. PUBLIC HEARING ON REZONING REOUEST, ZOA #93-01, BY OLIVER TAM, TO REZONE PROPERTY FROM C-3. GENERAL SHOPPING CENTER, TO R-3, GENERAL MULTIPLE DWELLING ON PROPERTY GENERALLY LOCATED AT 1160 FIRESIDE DRIVE N.E. (CONTINUED FROM OCTOBER 4, 1993): MOTION by Councilman Billings to reopen the public hearing. Seconded by Councllwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing was re-opened at 8:1Q p.m. Ms. Dacy, Community Development Director, stated that the parcel involved in this rezoning is the site of Tam's Fireside Rice Bowl. She stated that the property is currently zoned C-3, and the request is to rezone the property to R-3. She stated that the properties to the north and south are zoned C-3, and the properties to the east and west are zoned R-4. Ms. Dacy stated that the petitioner, Mr. Tam, wishes tc subdivide the property to create two parcels separate from the commercial property where the restaurant currently exists. She stated that this rezoning involves about 20,000 square feet of the parcel which would allow for a single family home, duplex, or triplex on the lots. She stated that the original request was to rezone about 35,000 square feet, so the revised request covers less square footage. Ms. Dacy stated that the concern about this rezoning was that the parking area for a commercial restaurant would encroach on the residential property; however, this revised rezoning request places the parking lot for the restaurant completely outside the residential lots. Councilman Billings felt that this revised request is much better for everyone concerned, and he asked Mr. Tam if this plan meets his needs. Mr. Tam, the petitioner, stated that the revised rezoning request is fine, and the reduction in the size of the lots would fit his plans. No other persons in the audience spoke regarding this rezoning request. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18, 1993 PAGE 5 �� MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:15 p.m. 2. PUBLIC HEARING ON PRELIMINARY PLAT RE9UEST P.S. #93-D3, BY OLIVER TAM TAM ADDITION. TO REPLAT PROPERTY GENERALLY LOCATED AT 1160 FIRESIDE DRIVE N.E. (CONTINUED FROM OCTOBER 4, 1993): MOTION by Councilwoman Jorgenson to reopen the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing was re-opened at 8:15 p.m. Ms. Dacy, Community Development Director, stated that the petitioner, Mr. Tam, has revised the lot lines for the residential buildings so that each lot totals at least 10,000 square feet. She stated that this would permit a duplex or a triplex to be bu11t on these lots with adequate room to accommodate a garage and parkinq area to meet the parking requirements of an R-3 district. Ms. Dacy stated that the south lot will have a flaq ad�acent to the west property line, and the north residential lot will directly abut Fireside Drive. She stated that the driveway for the south � lot will be located within the narrow strip ad�acent to the west lot line, and the home should face to the east so that if a property is re-subdivided, the home would be facing a new street. Ms. Dacy stated that the setbacks on this lot should be established so that the east lot line is the front yard, the west lot line �s the rear yard, and the remaining lines are side yards. She stated that driveway access will be shared between the two lots, and a private driveway easement must be executed and recorded with the plat. She stated that there should also be language included that the property owner will maintain and repair this shared driveway Councilwoman Sorqenson asked the location of the front yard for the dwelling to the north. Ms. Dacy stated that the dwelling could either face Fireside Drive or, depending on the design, could face to the east. Mayor Nee asked Mr. Tam if thls proposal is consistent with what he had planned for this parcel. Mr. Tam stated that it would be satisfactory with him for the dwelling on the south lot to face east. Councilwoman Sorgenson asked Mr. Tam if he had seen the stipulations for this plat. � Mr. Tam stated that he had reviewed the stipulations and was in agreement with them. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18, 1993 PAGE 6 � Ms. Dacy stated that Councilman Schneider wanted to make sure the surrounding property owners were notified of this meeting. She stated that this had been done. No other persons in the audience spoke regarding this proposed plat. MOTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:22 p.m. 3. PUBLIC HEARING ON ASSESSMENT FOR STREET IMPROVEMENT PROJECT N0. STREET 1992 - 1& 2: MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:22 p.m. Mr. Pribyl, Finance Director, stated that this street improvement project is for grading, concrete curb and gutter, Class 5 base material, asphalt pavement, storm drainage piping, signing, � striping and landscaping. He stated that this pro�ect involved the following: Gardena Street, Main Street, 67th Avenue, Rice Creek Terrace, Hathaway Lane, Hillwind Road, Rice Creek Road, West University Avenue Service Drive, City overlays and residential driveways, and the parking lots at Moore Lake Beach and Riverview Heights Park. He stated that the total cost of this pro�ect was $1,256,255.08 and will be assessed over a ten-year period at an interest rate of G-1/2 percent. He stated that property owners can pay the total amount of the assessment within thirty days with no interest. No persons in the audience spoke regarding this assessment. MOTION by Councilwoman Jorgenson to close the public hearinq. Seconded by Councilman Billings. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:25 p.m. 4. PUBLIC HEARING ON ASSESSMENT FOR TREATMENT AND REMOVAL OF TREES, 1993: MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing � opened at 8:26 p.m. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18. 1993 PAGE 7 � Mr. Pribyl, Finance Director, stated that thxs assessment is for the treatment and removal of trees in 1993 for a total amount of $606.49 and involves one property. He stated that this assessment will be for a five-year period at an interest rate of 6-1/2 percent. He stated that the property owner may pay the total assessment within thirty days without any interest. No persons in the audience spoke regarding this assessment. MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilman Billings. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:27 p.m. OLD BUSINESS: 5. CABLE TELEVISION COMMIS5ION APPOINTMENT (TABLED OCTOBER 4, 1993 : MOTION by Councilman Billings to table this i�em Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. VARIANCE REQUEST, VAR #93-23, BY ST. PHILIP'S LUTHERAN CHURCH, TO ALLOW THE DISPLAY OF A TEMPORARY SIGN FOR MORE THAN TWO � WEEKS, GENERALLY LOCATED AT 6180 HIGHWAY 65 N.E. (TABLED OCTOBER 4, 1993): MOTION by Councilwoman Jorgenson to remove this item from the table. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Jorgenson stated that it is her understanding that St. Philip's will be requesting a new variance, and the church wishes the fee to be waived for the new variance request. Ms. Dacy, Community Development Director, stated that the Council would have to table this request until a new variance is received and this request is withdrawn. MOTION by Councilwoman Jorgenson to table this item. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW SUSINESS' 7. APPOINTMENT - CITY EMPLOYEE: Mr. Burns, City Manager, stated that he is pleased to recommend Rose Griep for the position of Public Safety Pro�ects Coordinator. � He stated that Ms, Griep was chosen far this position from 126 applicants. She has been with the Fridley Police Department since 1990 as a Crime Prevention Specialist. He stated that she is � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18, 1993 PAGE 8 President of the Minnesota Crime Prevention Officers Association and has been a member and leader in various organizations dealing with crime prevention. Mr. Burns stated that Ms. Griep has also worked with Anoka County Youth Services, Kids Assistance Program at Stevenson Elementary School, the Fridley Community Education Advisory Council, and the City's Employee Relations Committee. MOTION by Councilwoman Sorgenson to concur with the following appointment by the City Manager: Name Rose M. Gr1ep Position Public Safety Projects Coordinator Exempt Starting Salarv $35,725_68 per year $2,977.14 per month Starting Date Replaces Oct_ 19, Timothy 1993 Turnbull Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RESOLUTIOPd NO. 84-1993 AUTHORIZING SIGPdIPdG AN AGREEMEPdT FOR CERTAIN EMPLOYEES REPRESENTED BY INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL-CIO (PUBLIC WORKS MAINTENANCE) FOR 1994: Mr. Burns, Crty Manager, stated that this labor contract with Local No, 49 involves a three percent increase in wages, an increase in the maximum contribution of the City towards health, life and dental insurance of $20.00 per month for those employees electing dependent coverage, and a change in the base amount of group term life insurance coverage from $10,000 to $25,000. MOTION by Councilman Billings to adopt Resolution No. 84-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. FIRST READING OF AN ORDINANCE AMENDING CHAPTER G03. "INTOXICATING LIQUOR," BY AMENDING SECTION 603 20: Councilman Billings stated that it was brougtit to his attention that the City has an ordinance that requires waiters, waitresses, and bartenders to actually apply for a license from the City. He stated that Fridley is one of the few cities in the area that requires such a license, and it is difficult to define a public purpose served by this requirement. Councilman Billings stated that by requiring such a license, there is the potential for abuse if someone wants to find out a � particular waiter, wartress, or bartender's name and address. He felt that this possibility far outweighs any public purpose. He stated that this proposed change in the ordinance would be FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18 1993 PAGE 9 � restricted to managers of these establishments obtaininq a license and eliminating the other employees from this requirement. Councilman Billings stated that he worked with the Police Department and Finance Director in drafting the language to eliminate this license for waiters, waitresses, and bartenders. He stated that in checking with the on-sale liquor license operators, they do not rely on the City's investigation when hiring their personnel. This requirement only applies to the nine on-sale businesses that have a liquor license in the City and not the club licenses. MOTION by Councilman Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RESOLUTION NO. 85-1993 IN SUPPQRT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO FRIDLEY AMERICAN LEGION POST 303� Mr. Pribyl, Finance Director, stated that the Minnesota Gambling Control Board requires local jurisdictions to adopt a resolution approving or denying this type of premise permit. � MOTION by Councilwoman �orgenson to adopt Resolution No. 85-1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RESOLUTION NO. 86-1993 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO FRIDLEY VFW POST 363• MOTION by Councilman Billings to adopt Resolution No. 86-1993. Seconded by Councilwoman Sorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, 12_ RESQLUTION NO_ 87-1993 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMSSE PERMIT TO LIONS FRIDLEY CLUB (FOR MAPLE LANES, 6310 HIGHWAY 65 N.E.)• MOTION by Councilwoman Jorgenson to adopt Resolution No 87-1993. Seconded by Councilman Billinqs. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RESOLUTSON NO. 88-1993 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLSNG PREMISE PERMIT TO LIONS FRIDLEY CLUB �FOR T.R. MCCOY'S, 7820 UNIVERSITY AVENUE N.E.) � MOTION by Councilman Billings to adopt Resolution No. 88-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18, 1993 EAGE 10 � 14. EXTENSION OF SPECIAL USE PERMIT RE UEST. SP #92-01 AND VARIANCE RE UEST, VAR #92-02, BY WALTER KLUS, GENERALLY LOCATED AT 7883 EAST RIVER ROAD N.E.: MOTION by Councilman Billings to grant an extension of Special Use Permit Request, SP #92-01, and Variance Request, VAR #92-02 until April 30, 1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive a copy of a letter dated October 18, 1993 from Brooks Foods, Ync. addressed to Wally Klus. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. ESTABLISH A PUBLIC HEARING FOR NOVEMBER 1, 1993, FOR AN ORDINANCE ESTABLISHING CHAPTER 128 ENTITLED "ABATEMENT OF PUBLIC NUISANCES" TO THE FRIDLEY CITY CODE: MOTION by Councilwoman Jorgenson to set the public hearing on this proposed ordinance for November l, 1993. Seconded by Councilman Billinqs. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � MOTION by Councilman Billings to make a copy of this proposed ordinance available to the Focus News for an informational article. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. APPROVE HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF FRIDLEY AND STEINWALL, INC.. TO ALLOW CONSTRUCTION OF A 10' BY 10' GAZEBO IN THE EASEMENT. ON PROPERTY GENERALLY LOCATED AT 7875 RANCHERS ROAD N.E.: Ms. Dacy, Community Development Dixector, stated that Steinwall, Inc. wishes to construct a gazebo in a drainage and utility easement. She stated that they want this gazebo in order to provide an exterior smoking room for their employees who smoke, as the company has instltuted a smoke-free policy. She stated the utilzty companies have been contacted, and they do not have any concerns regarding the location of this gazebo. She stated that it is recommended that the Council approve the hold harmless agreement with Steinwall, Inc. to allow constructzon of the gazebo in the easement which releases the City from any liability should the easement need to be accessed by any of the utility companies or the City. MOTION by Councilman Billings to approve the hold harmless agreement between the City and Steinwall, Inc. and authorize the � appropriate City officials to execute same. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18. 1993 PAGE 11 � 17. APPROVE PURCHASE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND SCOTT KOHANEK FOR THE PURCHASE OF PROPERTY GENERALLY LOCATED AT 6116 CENTRAL AVENUE N.E,: Ms. Dacy, Community Development Director, stated that she understands that because there are only three councilmembers present this evening action cannot be taken on this item. MOTION by Councilwoman Jorgenson to table this item to the November l, 1993 Council meeting. Seconded by Councilman Billings. �pon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. APPROVE LEASE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND EDWARD C. ANDRIX, III, AND DONNA MARIE MELICH, FOR PROPERTY GENERALLY LOCATED AT 6116 CENTRAL AVENUE N.E.: MOTION by Councilman Billings to table this item to the November l, 1993 Council meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. APPROVE AGREEMENT BETWEEN THE CTTY OF FRIDLEY AND PROFESSIONAL REDEVELOPMENT RESOURCES, INC., FOR RELOCATION CONSULTING SERVICES: ' MOTION by Councllwoman Jorgenson to table this item to the November l, 1993 Council meeting. Seconded by Councllman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. APPROVE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND INDEPENDENT SCHOOL DISTRICT NO. l4 TO LEASE THE "A" FRAME BUILDING LOCATEQ AT NORTH INNSBRUCK PARK: MOTION by Counc�lman Billings to approve this agreement between the City and School District No. 14 for lease of the "A" frame building at North Innsbruck Park and to authorize the appropriate City officials to execute same. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. MOTION DIRECTING PAYMENT FROM THE CABLE TELEVISION FRANCHISE FEES TO INDEPENDENT SCHOOL DISTRICT 14 FOR THE PURCHASE OF A CHARACTER GENERATOR: MOTION by Councilman Billings to table this item to the November 1, 1993 Council meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18, 1993 PAGE 12 � 22. APPROVE AGREEMENT BETWEEN THE COUNTY OF ANOKA AND THE CITY OF FRIDLEY PROVIDING THE CITY DRIVEWAY AND UTILITY EASEMENTS FOR ACCESS TO THE FRIDLEY FIRE TRAINING FACILITY: Mr. Flora, Public Works Director, stated that this agreement provides the City driveway and utility easements from the County for access to the fire training facility. MOTION by Councilwoman JoYgenson to approve this agreement betwee� the City and Anoka County providing the City driveway and utility easements for access to the fire training facility and authorize the Mayor and City Manager to enter into this agreement. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23. APPROVE AGREEMENT BETWEEN THE COIINTY OF ANOKA AND THE CITY OF FRIDLEY FOR THE INSTALLATION OF TRAFFIC CONTROL SIGNALS AT THE INTERSECTION OF CSAH NO, 8 AND THE MAIN ENTRANCE TO UNITY HO5PITAL: Mr. Flora, Public Works Director, stated that this agreement with Anoka County is for installation of the Opticom system at a cost estimate of $8,640 and is to be installed in con�unction with the traffic signal. He stated that the City will request off-system ' Municipal State Aid funds to defray the cost. Councilwoman Jorgenson asked if this was a budgeted item, and Mr. Burns, City Manager, stated that it was not. MOTION by Councilwoman Jorgenson to table this item to the November 1, 1993 Council meeting. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 24. RESOLUTION APPROPRIATING MUNICIPAL STATE AID FUNDS TO A MUNICIPAL OFF-SYSTEM PROJECT: MOTION by Councilman Billings to table this item to the November 1, 1993 Council meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 25. RECEIVE BIDS AND AWARD CONTRACT FOR LOCKE PARK FILTER PLANT PROSECT NO. 240' Mr. Flora, Public Works Director, stated that seven bids were received for this project, and staff is in the process of checking references. He stated that rt is recommended that the bids be received and awarding the contract tabled. � � � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18. 1993 PAGE 13 MOTION by Councilwoman Jorgenson to receive the following bids for the Locke Park Filter Plant Project No. 240: Bidder New Mech, Inc. 1633 Eustis St. St. Paul, MN 55108 Richman Construction 7776 Alden Way N.E. Fridley, MN 55432 Egan Companies 7100 Medlcine Lake Rd. Minneapolis, MN 55427 Moorhead Construction Co. 2703 12th Ave. S. Moorhead, MN 56561 Gridor Construction 1886 Berkshlre Lane Plymouth, MN 55441 Shank Mechanical 3501 85th Ave. N. Brooklyn Park, MN 55443 Lysne Construction 107 5th Ave. S.E. Bloomington, MN 55420 Total Bid $693,000 $712,420 $729,QQQ $757,800 $793,700 $819,800 $870,300 Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to table awarding the contract for this pro�ect. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2G. RECEIVE BIDS AND AWARD CONTRACT FOR THE LEASE/PURCHASE OF A SIDEWALK SNOWPLOW AND ACCESSORIES: Mr. Flora, Public Works Director, stated that the sidewalk snowpiow bids were received and re�ected at the Council's meeting on October 4, 1993. He stated that the two companies who previously submitted bids received new specifications. He stated that MacQueen Equipment, Inc. was the low bidder after the trade-in allowance. He stated that the lease/purchase payment schedule is also lower. He stated that MacQueen Equipment bid an optional two-way radio at a cost of $499. He stated that it is recommended -- ---------------------------------------------- � � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18, 1993 PAGE 14 that Council receive the bids and award the contract to MacQueen Equipment. MOTION by Councilman Billings to receive the following bids for the lease/purchase sidewalk snowplow: Bidder MacQueen Equipment 595 Aldine St. St. Paul, MN 55104 RMS Aspen Division 5633 W. Highway 13 Savage, MN 55378 Total Bid $48,922 $46,328 Trade-In Allowance $10,422 $ 5,000 Net Cost $38,500.00 $14,572.29 $41,328.00 $14,598.OQ Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, Councilman Billings asked if this company was the low bidder the fzrst time this item was bid. Mr. Flora stated that they were not the low bidder; however, the specifications were changed, and staff is comfortable with the bid. Councilman Billings asked if this is a budgeted item. Mr. Pribyl, Finance Director, stated that it is a budgeted item for 1994. Councilman Billings stated that the 1994 budget has not been finalized, and the following action was taken: MOTION by Councilman Billings to table awarding the contract for the lease/purchase of a sidewalk snowplow. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 27. APPROVE CHANGE ORDER NO. 1 TO TWIN CITY ARMY AMMUNTTION PLANT SNTERCONNECT LINE, PROJECT N0. 248: Mr. Flora, Public Works Director, stated that in the original concept design, it was identified that milling and overlaying of the streets in the waterline project were to be zncluded in the work, and the quantities were amitted in the bid. He stated that the Army has approved the work, and it is required that the City initiate the change order for the street restoration. � ' � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18, 1993 PAGE 15 MOTION by Councilwoman Jorgenson to authorize Change Order No. to the Twin City Army Ammunition Plant Interconnect Line, Pro7ect No. 248 with Kenko, Inc, in the amount of $20,356.13. Seconded by Councilman Billinqs. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, 28. APPROVE CHANGE ORDER NO. 2 TO TWIN CITY ARMY AMMUNITION PLANT INTERCONNECT LINE, PROJECT NO. 248: MOTION by Councilman Billings to table Change Order No. 2 to the November 1, 1993 Council meeting. 5econded by Councilwoman Jorgenson. Mr. Flora, Public Works Director, sta�ed that this change order is for installation of storm sewer pipe, catch basins, and manholes associated with 64th Avenue. Councilwoman Jorgenson stated that the street is torn up, and the pipe is ready to be installed. Councilman Billings stated that he did not want to hold up the work, and he assumed that Councilman Schneider is in favor. He felt that if there were three affirmative votes this evening that more than likely there would be four affirmative votes at the next meeting. Councilwoman Jorgenson stated that she spoke with Councilman Schneider, and he does approve this concept. MOTION by Councilwoman Jorgenson to approve the concept of the change order. Seconded by Councilman Billings. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously� UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 29. RESOLUTION NO. 89-1993 CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECT N0. ST. 1992 - 1& 2: MOTION by Councilman Bi111ngs to adopt Resolution No. 59-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 30. RESOLUTION NO. 9D-1993 CONFIRMING ASSESSMENT FOR THE TREATMENT AND REMOVAL OF TREES, 1993: MOTION by Councilman Billings to adopt Resolution No. 90-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � ' � FRIDLEY CITY COUNCIL MEETING OF OCTOHER 18, 1993 PAGE 36 31, RESOLUTION NO. 91-1993 CERTIFYING CERTAIN DELIN4UENT UTILITY SERVICES TO TAE COUNTY AUDITOR FOR COLLECTION WITH THE 1994 TAXES: Mr. Pribyl, Finance Director, stated that the City will be certifying these delinquent utility bills to the County to be collected with the 1994 taxes. He stated that each of the property owners has a period of thirty days, after adoption of this resolution, to pay their bill without penalty. MOTION by Councilwoman Jorgenson to adopt Resolution No. 91-1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslyo 32. RESOLUTION N0. 92-1993 CERTIFYING CHARGES TO THE COUNTY AUDITOR TO BE LEVIED AGAINST CERTAIN PROPERTIES FOR COLLECTION WITH THE TAXES PAYABLE IN 1994 (WEEDS): MOTION by Councilman Billings to adopt Resolutlon No. 92-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 33. RESOLUTION AUTHORIZING SUBMISSION OF THE GRANT APPLICATION AND EXECUTION OF THE GRANT AGREEMENT - FEDERAL POLICE HIRING SUPPLEMENT PROGRAM: Mr. Burns, City Manager, stated that he would recommend this item be tabled, as it requires four votes of the Council. MOTZON by Councilwoman Jorgenson to table this item to the November 1, 1993 Council meeting. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 34. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 2 AND SECTION 4.04 OF THE FRIDLEY CITY CHARTER: Mr. Burns, City Manager, stated that a public hearing was held on the proposed amendment to Chapter 2, and the Charter Commission has requested that the item be returned to them for further review and consideration. MOTION by Councllwoman Jorgenson to refer this proposed amendment to Chapter 2 of the C1ty Charter back to the Charter Commission. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 35. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 3 OF THE FRIDLEY CITY CHARTER: Mr. Burns, City Manager, stated that the first reading of this proposed ordinance was tabled on July 6, 1993. He stated that the � � 1 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18, 1993 PAGE 17 Charter Commission requests that this item be removed from the table and returned to them for further review and consideration. MOTION by Counoilman Billings to remove this item from the tableo Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to refer this proposed amendment to Chapter 3 of the City Charter back to the Charter Commission. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 36. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 3?. CLAIMS• MOTION by Councilman Billings to authorize payment of Claim Nose 51983 through 52242. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 38. LICENSES: MOTION by Councilwoman submitted and as on file by Councilman Billings. Nee declared the motion 39. ESTIMATES: MOTION by Councilman submltted: Sorgenson to approve the licenses as in the License Clerk's Office. Seconded Upon a voice vote, all voting aye, Mayor carried unanimously. Billings to approve the Barna, Guzy & Stefffen, Ltd. 400 Northtown Financial Plaza 20o Coon Rapids Blvd. Coon Rapids, MN 55433 Statement for Services Rendered as City Attorney for the Month of August, 1993 Northwest Asphalt 1451 County Road 8 Shakopee, MN 55379 1993 Street Improvement Pro�ect No. ST. 1993 - 1& 2 Estimate No. 4 . . . . . . . . estimates as $ 4,705.70 $210,262.88 �I �� � FRIDLEY CITY COUNCIL MEETING �F OCTOBER 18, 1993 PAGE 18 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilwoman Jorgenson to ad�ourn 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 October 18, 1993 adjourned at 9:05 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor