06/16/1986 - 00011581�
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THE MIN[TPE5 OF THE RF]GULLAR MEETING OF THE FRIDLEY CITY COUNCIL QF JUNE 16.
1986
The Regular Meet�ng of the FridlEy Caty Coimcil was cailed to orcler at 7:40
p.m. trlr Ngyor Nee.
PLIDGE OF AIS.EGIANCE•
Mayor Nee led the CAtmcil and audtenae in the Pledge of Allec3iance to the
Fl ag.
HDLL CALL:
MENBERS PRESII�IT: Mayor Nee, Cnuncilmari Goodspeed,
Fitz�atnck, Coimcilroan Schreider
Barnette
ME[�BkR6 PBSINT: None
PRESENPATION ADID CEI�TIFICATES:
Councilrnan
and Councilman
M3yor Nee and the Cotmcil reoognized the follaaing persens who had serveo on
Ci.ty Coirnnissions.
Patxicia Gabel - ApFeals & Plamm�g Cor�issions
Harold Belg�nn _ Hiunan Resources Conunlssion
Ikzle `Ihan�son - Enexgy Conanission
Mayor Nee stateci these persons have made valuable contributions to the
oo�nimity and the Coimcil wished to recocyilze their efforts Ly presentation
of these Certificates of Appreciation.
Mr. Belgum and Mr. Zhanpson were present to recei�e their certificates and
Mayor Nee and the Co�mczl menbers extended tneir thanks and appreciation.
Ni�yor Nee re3uested Ms. Gzbe.l's certificates be forwarded to her as she was
not present at the meeting.
Mr. Bob Aldrich, Fire Chief, introduced Mr. Carl Rasmusser. of the Fridley
VEW I�st 363 who pxesented a$4,��� doration to ihe Council. NIr. Aldrich
stated this donation was to be used for speciallzed training ior
f iref ightets.
NHyor Nee and the CAUnci1 manbers extended their tlianks to i7r. Rasnussen and
the VFW I�st for this cbnation.
APPROVAI� OF MINUTES:
CWNCIL MEETING. JUNE 2. 1986:
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NDTION by Councilman Schneider to apFr�ve �he minutes as presented.
Secpnded 1� Councilman Fitz�atrick. Upon a voice vGte, all voting aye,
� Mayor Nee declared the motion carried unam mously,
COUNCIL MEETING. JUNE 12. 1986:
MDTION by Councilman Fitzpatrick to apprave the minutes as presenteci.
Sea>nded L� Councilman Schneider. Up�n a voic� vate, all votiny aye, M�yor
Nee declared the motion carried unammously.
ADOPTION OF AGErIDA:
�e follaaing items were added to the ayenda: (16) Consideratior, of a
Solicitor's Lice[�e for Mazy Sue So]�ba; (17) Consicleration of First Reading
of an Ordirr�nce to Change the Sign Code I� Pmending Sections 214.02, 214,OS,
anc1 214.15; and (18) Consideration of a Rcsolution Ftelating to �,ssisting
WirrEield Developnent, Inc. in Obtaimng an Tndustrial Development Bonding
Allocataon lx Finding That the Pro7ect Site Udoulcl Qualify as a Redevelopnent
Tax Incranent Firnncing District.
MpTION by Councilman Fitz�trick to adopt the ac�enda with the abave
additions. Seoonded 1� Coimcilman Goods�eed. Upon a voice vote, z1i votiny
aye, Nrxyor Nee declared the motion cariied unanimously.
OPEDI FORUM. VISIDORS:
COMPLAINi' BY MAEtY MAE2TIN. 133 SPONYBROOK WAY:
' Ms. I�ry Martin, 133 Storr�6raok Way, appear� before the Coimril regarding a
complaint about the busir�ss across fran hen c�me. She scated this busir�ss
was not living up to the oondita.ons of the s�ecial use pennit c�iven to th�n
in 1977. Ms. N�irtin stated nothing has teen accomplished in the last ru.ne
years to make than comply with the stipulations of the special use permit.
She stated landscaping was suppose to be installed and the landscaping is
less naa than before. Ms. N�rt�n also stated tlzey have more than the two
vehicles allaaed in fror�t of the 6uild�ng.
Ms. NHrtin stated this busir�ess has simply ic�nored what the City has told
than to do and felt sanething should be done about it.
Councilman Fitzp�trick stated he talked to Ms. Martin several months ago
regarding this business and, at that time, contactecl Nir. Wiersna of the Qty
staff who began working on this problan. CoLmcilman E'iYz�etrick stated thEy
have oontinually violated the stipulataons of the special use permit. He
stated Mr. Wiersma has adv�sed him that the aaner of this business is
genw.nely looking for another site and is reluctant to make arry changes.
Mr. Herrick, Qty Attorrey, stated he felt there may be grounds to holcl a
hearing before the Council for revocation of chP special use permit. Ae
felt the Inspection De�ri�nent should go out and verify the violations and
provide documentation by notes and pictures. Mr. Hernck stated the
petitioner should also have the op�rortimity to appear before the Council Lo
� explain wYr3 he is not complying with the conaitions of the special use
�rmit.
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COUNCIL MEEPING OF JUNE 16, 1986
138
� Mr. Robertson, Conmumity Developnent Director, state� Mr. Wiersna talked to
the aarer and was advi�ed he would mwe the trailer and do t1�e landscaping
by July 15. Zhe aaner also indicated ta Mr. 4�iersma that he had a zeal
estate agent looking for a r�vr location for his busir�ess and plans to rnove
as soon as possible.
Mayor Nee stated tYre City Attorney's off�ce would woric with the Ins�ction
Dep�trtrnent regarcti.ng steps to be taken to enforce the conditions of the
special use pezmit. Ae s�ated this would be an agenda item for the
Council's next meeting on Ju1y 7, 1986.
SIGNS ON RALPH SKINNER' S P13�PII2Ti':
Coimcilman Schneider stated at the last ineeting, the Council askeo the
ac�nimstrat�.on to look at the existing real estate sales signs throuyhout
the City and directed staff to take enforcement actian. Councilnaari
Schneider asked what has been done regarch ng the real estate signs.
Mr. Qureshi, Czty Manager, skated the rea] estate signs on Mr. Skinner's
property are not in oonformance wiYh the Slgn Code. NIr. Qureshi statec3 the
sign on Mr. Bnckner's site meets the reqw.renents as f ar as size, except
the locat�.on is not as r�uired 1� the Code. n�r. Qureshi stated Mr. Skinner
has been advised of the violat�.on and staff will follaa up this week.
' Mr. Mike Meierbachtal, 6171 Heather Place, askec7 what type of notification
Mr. Skiru�er received.
Mr. Qureshi stated normally a letter is sent and, if the violation is not
corrected, a citation is then issued.
Mr. Meierta3chtal stated if a letter has alreaciy been sent and no action has
been taken � Mr. Skinr�er, he felt the neiet step should be irutiateci.
Mr. Janes MeCulloch, 6185 Heather Place. askea abouc the tame fr�ne in order
to have these signs renwed.
Mr. Herrick, City Attoxney, stated the citation would be issued t�r the City
Inspeckor and the t�.ming is pretty much at the iuscretion of the Coimcil.
Mr. Qureshi, City Manager, stated a letter was received today frem rilr.
Skinner. He stated the Ca.ty is trying to mecltate and resolve the problans
between two ad�oining property aaners. He stateca the City's proposal was
not acceptable to Mr. Skinner and it should be deteriruned if the C:ity should
cease being a mediator as it seems the City's efforts haven't l�een
successful up to this time.
Mr. McCulloch stated the issue is the siyns and thcq ei.ther are or are not
in compliance and felt a citation shou].d i�e rssued, if there is a violat�on.
' NIr. Herrick stated he c3oesn't see a problen wi�h lssuing a citation for
violation of the Sic� Code, but didn't knaa what would result. FIe stated
this may �d up in murt and this would not be a speedy procESS.
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COUNCIL MEErING OF JUNE 16. 1986
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� Ms. Meierbachtal, 6171 Heather Place, asked if the City could remove the
si9ns on Mr. Skinner's property, if he oidn"t remove them within a
reasonable periai of time.
Mr. Herrick stated this isn't an action he would recommend. Mr, Hferrick
stated he would re�mmend the citataon be issued and to have the property
cwrer and City Prosecutor appear bef ore a �udge.
Councilman Schneider felt a citatlon should be issued anci staff work with
the C�.ty Prosecutor to determine what prccec�ures sY,ould be fallaaed, i£ the
problen isn't exadicated. He stated he is referring to the real. estate
sicy�s which are cla�rly in violation of the mc3e.
[DTION b� Cr�uncilman Schs�eider to ds.rect the acinimstration to £ullp estiorce
the Sic� Code relatsve to Mr. Skinner's and NIr. Bnckner's properties and
issue appropriate citat,ions as soon as Fnssible. Further, to consult with
the Prosecuting Attorney to determine the �urse of action, if compliance
with the oode isn't forthcoming. Semnded b� Councilman Goodspeed. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unammously.
OLD BUSINESS:
1. ORDINANCE N0. 857 AME.TIDING SECrIONS OF THE FRIDLEY CITY CHARTER AND ADDING
� SECPION 1.04 (DEE'INITIONS) :
NDTION tr� Coimcilman Schneicler to wa�ve the sec:ond reading of Orclinance No.
857 and adopt it on the second reading and order Fublication. Seconded by
Councilman Fitz�atxick. Upon a voice vote, all vot�ny aye. t+�ayax Nee
declared the motion carried unanimously.
2. CONSI➢ERATION OF APPOINPNiEC7PS TO PLANNING, COMMCII�IITY DEVELOPMENT, APPEALS.
AND ENERGY CONII+]ISSIONS:
NDTION 1� Councilman Schneider to table these ap�ointments to the next
meeting on July 7, 1986. Sewnded lx Co�mcilman Fitz�atrick. Up�n a voice
vote, all voting aye, I�yor Nee declared the mction carne�i unammously.
NEW BUSINESS:
3. CONSIDERATION OF FIRSP REAI?ING OF AN ORDINANCE CREATING A CHAPTER OF THE
CITY CODE REI�TTNG TO A TAX IMPOSID UPON LOIX�IA7G:
I�yor Nee stated this proposed ordinance hus been petitioned for by the
hotel industry.
bir. Dan Ficken, Chairperson of the Fridle� 11��r�ber of Corc¢nerce, statea it is
requested the Council consicler this ordirt�nce tc im�rose a 3s tax on lodging
in the City in order to support the establishment of a North Metra
� Corivention and Tourisn Bureau. Mr. Ficken statec� a similar request is �eing
made to the cities of Brooklyn Center and Brooklyn Park.
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CWNCIL MEETING OF JUNE 16. 1986
140
' Mc. Ficken stated State lav e�ables cities ta im�,ase such a tax with 95% of
the revenues fran this tax going to a Corxver�tzon and Tourism Bureau and 5%
of the revenues to the m�ici�lities. P7r. Ficken stateu the purpose of
this Bureau is to increase business, leisure and SOCId�. traffic, and
9enerate additional revenues for the North Metro suburbs.
Mr. F'�cken introduced menbers of the Task Force for this Bureau. They are
Mr. Jun Decker, Ciiaiunan and Kathy Engheuser, Steve Anderson, Edwirn Elmer
and Kurt Hatt who represent hotels/motels in Brooklyn Cn_rster, Brooklyn Park
and F[idle�.
Mr. Ficken presented a short slide presentation relating to industries in
the metropolitan area, convention statistics, areas to be pro�r,oted and
marketing revenues.
Mr. Ficken stated this Convention and Tourisn Bureau has been a brain chiic3
not only of the lodging industry, but Chambers o£ Cornmerce of Fric]ley,
Brooklyn Cerrter and Brooklyn Park and thty enc3orse this proFosed ordinance.
He extended his thanks to Aave Naaman and 3i11 Hunt oi the City staii who
have Y�een most helpful in their efforts to submit this proposai to the
Council.
Mr. Jun Decker, Chaiunan of the Task Fbrce, stated the orc�mzation v�ill be
established as a norrprofit orgamzation with 13 directors and 5 ofiicers
� for a total of 18. He stated it is propo�cl that in order to communicate
well with the cit� es and Ch�nbers of Co��erce, a menber of the Ecard should
be a CA�ci1 manber or another City xepresentative, a representative fram
each Ch�nber of Connnerce, and a representative of e�ch Ch�nbers' Hospitalztg
Div i si on.
Mr. Decker stated the five officers would run the organizatian on a
day-to-day Ixzsis, with monthly meetings. He stated the Executive Uirector
would be responsible �or the staff and adveriising. NIr. Decker stated this
would be an �mique orgamzat� on working in imisan to prrnote the Nortki I�i�tro
area.
Mr. Decker stated some neighboring states do charge this tax which ranqes
fran 1 to 7�. He stated the standard in NU.nnesota is 30. Mr. Decker statecd
for evexy dollar a person brings irito a cor�¢nunity, only 38 cents goe� to the
hotel and the rest cpes inta the local cbR¢nimity which nakes for a healthy
econanic situat,ion. He stated hotels are a good generator of reaenue Far a
oo�nimity.
Coimcilman Barnette asked who ac}nimsters this tax and polices ic. Mr. Dan
Ficken stated this would be the City's responsibility.
Councilman Barnette asked what would hap�n if sone of the smaller motEls
didn't wish to particip3te. Nlr. Decker stated most of the sniall motel
aaners are in agreenent. He stated thc� tried to get 100% irrvalvanent frora
� eaeryone as thc-y felt it was important for this to be a oommunity effort.
Mr. Ficken stated there isn't one motel or hotel that is pranoted more than
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COUNCIL MEETING OF JUNE 16, 1986
141
� another.
Cowicilman Goodspeed stated the amount of c7ollars is very small, but tl�e
princigles are enormous. He felt when the �ice goes up, clemand gaes down,
haac�er, extra custcmers w�ll be generated because af the zdvertisinr�. He
questionec7 if this set a preeedent far other inciustries to im�,ose a tah Lo
pranote the� r product.
Mr. Decker stated thEy not only pranote hotels, but other busiriesses in the
owrmnmity such as restaurants, theaters, etc.
Councilman Goodspeed stated the Coimcil is I�ing asked to impose a tax to
�xiy for the industxy of pxomoting all the businesses that benefit Exom
tourisn. He questioned if this wasn't beinq done to a deyree by private
enterprise.
Mr. Decker stated private industry cannot generate enouqh advertisiny to
attract qreat nunbers of �,eople. He stated cit�.es and states who spena the
most are the ones who are gett,ing the tourists, and tourisln is a verp biy
part of Niinnesota's xevenues.
Councilman Goodspeed felt when the goverrunent steps in and starts taxing
people and using these ftmds for a business which, up until ti�is time had
been done {� private enterprise, it is a dec,sree of socialisn. He stated he
� had talked to Representative Wayr� Sunoneau and this law started out as a
plan to help Northern NLlnnesota in order to give the peo�le a cnance to
raise reaenue to pramote their area. Councilman Goodspeed stated from
there, some legislator felt what was good fc,r Northern Nlinnesota was good
for tha rest of the 5tate and this is hcw the lEgislat�.on came into ef£ect.
He felt even though he thouyht tY�is was despicable, he oouldn't see farcirig
FridlEy's hotels to operate at a clisadvarttaye.
Ni�yor Nee stated the State is now spending about $I2,000,000 to promote
tourisn in Mtnnesota with the rationale that 16 ci.mes this amount cpmes back
as reaenue fran tourists. He stated the� are talkin9 about usirig revenue
generated fxan the hotelJmotel industry and the State l�r�a pra�ides thls may
he dorie arid everyone �ay the� r fa�.r share. He statec he wGUld t�e against
it, if rc-�enues fran a gerreral £und were to be ased.
O�imcilman Schneicier questioned if the �nount oF revenue the City received
fran this tax would be sufficient to g�y the cost of administeriny tne
progr�n.
Mr. R�.ck Pril�l, Firance Director, stated it would be difficult to ariswer
the question at this time, as he didn't know what activities would be
involved in this procedure. He statec� if the City is involved in the
audit�ng, the �nount the� receive probably woulcln't 1x sufficient.
Councilman Schneider felt there should be �ne lz+nguaye in the ordinance to
� protect the City so more funds aren't spent than what they receive ior
adnimstering this progran.
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CWNCIL MEEPING OF JUNE 16. 1986
142
� I�yor Nee asked if Brooklyn Ceriter or Brooklyn Park raised this question.
Mr. Decker stated the� have not appearec3 before the Ca.ty Council af these
cities and would be doing so in the r�ext �vexal weeks,
Cauncilman Sch�ider asked if the aar�r of the S�liner Niotel was in favor
of thi� proxused ordinance. Mr. Ficken statec3, as of naa, he didn't Yaeli�ve
he was in favor.
Gauncilman Barrette statecP this was his concern also when he raisea the
question about �rt�cip�tt,ion of some of the �naller motels.
Mr. Prib�l stated he has a concern if the City has a responsibila.ty of
actually venfying the proper renittance af taxes. Mr. I�ecker stated this
is usually verified through the State frcm the aompleted sales tax revenue
forms.
M�. Pritr31 stated he would like an opportw�ity to check wath ether cities
who have been involved in such an activity and deterrnirre Y�aa YhEy adnir.�ster
this tax.
Mayor Nee asked if arryone has a contract Lor the State for collcction of
this tax. Mr. Decker stated St. Qoud and Fdochester have such a tax, but
d1�'t knaa �f they contxacted with the State or not.
� Nt�yor Nee felt the Co�nissioner of Taxatian should be contactecd to see if
they are willing to collect this tax. N�x. Hunt, Assistank to the City
NL�nager, stated the State was oontacted and they do not wish to make the
mllections at this time,
Mr. Elmer stated the reason the State didn't want to become involved is
because they would need a rew oomputer systau and do not wartt to put one in
for the snall nunber of cii-a es who have this tax.
Mr. Elmer stated he has a anall hotel and waulc3n't benefit from any
conventions, but felt arr�thing that brings people into the community
ultimately benefits all businesses. He stateu he couldn't see any krobl an
with oollection of the tax or opposition on the �art of motel or hotel
aaners in this area.
Coimcilman Schneider stated one motel aaner iri FricllEy isn't in favor of
this tax and it mncerns him.
Mr. Elmer felt it would be in the best irsterests of this motel aaner tc go
along with the pro�sed tax.
NDTION 1� Coimcilman Schneider to table this iten �til trie raext meeting an
July 7, 1986 and request staff contact ather ciLies involved that have
enacted this orci�r�nce to determir�e haa they enforce it and to work out some
proaections as to the costs for achnimstering such a tax, Seconded by
� Coimcilman Goodspeed. Upon a voice vote, all votzng aye, NY�yor Nee declarea
the motion carried unammously.
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CWNCIL MEETING OF JUNE 16. 1986
� 4. CONSIDERATION OF FIRST RE
�F,NFRAr,r.y �TF� AT 55 -
14�
I�DTIbN b� Councilman Goodspeed to waive the first read�,ng and approve this
oxdinance upon fixst xeading. Seconded 1� Councilman Fitz�trick. U�on a
voice vote, all voting aye, Mayor Nee declared the motion carried
unarumously.
5. CONSIDERIITION OF FIRSP READING OF AN ORDINIINCE FOR A PROPOSAL TO CHANGE THE
SIQV CODE SEC!'ION 214 OF THE FRIDLEY CITY CODE:
Mr. Robertson, Conunimity Aeveloianent Director, stated the stafP, at the
Co�cil's dtrection, ar�alyzed the histoxy of re�uested vanances to the Sicyi
�de. He presented an analysis of the variances r�uested to the Sign Cocle
since 1982. Mr. Robertson stated the net effect, in corn�arison to the
existing code and the pro�sed code, woulr7 be less deviation an area ircm�
the proposed code, but the same nunber of si�ms would deviate from either
aode.
Co�cilman FitzFatrick stated the re�uests far variances, in all cases but
one, are greater than the proposed change in the code. He stated,
therefore, he cannot see Y� adopting a more lement code, it would recuce
the nunber � ze�uests for vanances.
� Coimcilman Fitz�etrick asked if the Cy.ty's Sic�? Code was oom�arec� with other
t�ex�boring suburks. Nlr. Robertson statec� staf-f found there was really no
clear mnsistency fran oommimity to oo�n�ity in the way the sicg� ordinances
were structured.
Mr. 4ureshi, City Mansger, stated some ocmmunities severely restrict signs
and same are more libe�al than Fiidle�. He felt it was a maL-ter what the
Coimcil felt was fai.r and k�est for the Ciiy.
Mr. Robertson outlimd the proposed changes to the Sign CAde as fallcws:
(1) restnct C-1 local (neigh6orhood) busir�esses to 80 square feet of sign
ar� only; (2) allcw for mecl�.un sized sicyfs, up to 120 square feet in C-i
and C-3 zones for busims�s greater than 8,000, but less than 20,�00 �uare
feet in area; and (3) allcw for larger sized sicy�s, up to 180 s�uare feet in
C-2 and C-3 zones for large business developnents greater than 20,000 s�uare
feet in area. Councilman Fitz�atxick stat�3 he felt r�either of the studies
completed by Staff points to �ustiflcation for any change in the Sign
O rcli r�nce.
Coimcilman Barnette stated he dichi't knaa zf the orcruir�rtce was changec� if it
would change the requests at all, and possibly nothing would be gained by
adopting a neta orcl�rr�nce. He stated the process is workiny and there wi11
always be ra�uests for e�eptions.
Gouncilman Schreicler stated the existing orcv.nance had a trenendous amount
� of public input and at least five ordirances of r�ighboring coirnnumties were
rEViewed.
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COUNCIL MEETING OF JUNE 16, 1986
' Mr. Herrick, City Attorr�ey, felt one thing that might be of some practical
value is to look at vanous businesses ir. the City and decide which signs
the Council feels are aesthetically ple�sing and then give some thought to
stanciardizing the orchnanc:e aro�d those that are acce�table. He stated he
was referring to future signs and not existing sicyis.
NDTION 1� Coimcilman Barnette to table this iten indefirutely. Secondeci b1i
Councilman Fitz�trick. Upon a voice vote, all votzng aye, Niayor P1ee
declared the motion carried unammously.
6. RECEIVING THE MIN[TPES OF TFIE PIANPIING COI�4ISSION MEETING OF JqNE 4, 19$6:
A. CONSIDERATION OF FINAL PLAT, P.S. #86-02, CREEKRiDGE
PLAT 2. GF'�:w+r,r�y Lp�p,TID ON LOT 1. B7ACK 1, HIDDELV
WOODS: OUTI�(YP 1, GENA RAE ADDITION; PART OF OUT7IYP A,
DENNIS ADDITION: PA1ZP OF IATS 6 AAID 14, I2EVISED AUDITOR'S
SUBDIVISON N0. 10. BY RICFIARD BRICKN-ER. THOMAS BIAMBERG
ADID THE CITY OF FRIDLEY:
MOTION by Councilman Schneider to set the public hearing daLe for
consideration of this firal plat on July 7, 198Fi. Seconded by Councilman
Fitz�atrick. U�on a voice vote, all voting aye, Mayor Nee declared the
motion carried unammously.
� MOTION by Councilman Schneider to receive the minutes of the Planning
Commission meeting of Jtme 4, 1986. Seconded by Councilman Fitz�zrick.
U�n a voice vote, all voting aye, Mayor Nee declared the motion carrled
unanimously.
7. CONSIDERATION OF AGREII�7EDFP FOR THE LE1�.SE OF TI3E "A" FR�ME BY SCHOOL DISTRICT
NO, 14:
NDTIpN b� Councilman Barnette to authorize the ri�yor and City I�anager to
enter irrto this agreanent for the lease of the "A" frame iX School District
No. 14. Semnded L� Councilman Schreider. Upon a voice vote, all v�tiny
aye� l�hyor Nee declared the motion carried unaru.mously.
8• RECEIVING BID5 AI�ll� CONSIDERATION OF AWARDING CONTRACT FOR SIGNAL SYSTEM
PAINPING PRQTECP N0. 167:
Mr. Flora, Public Works Director, stated four bids were received for Pro�ecc
No. 167. He stated there was a la3s�c bicl for �air�ting the entire pol� and
an alternate bid which did not include �iriting the metal above the signal.
N�r. Flora stated the bicls were higher than what was expected because of- the
itens r�m.red such as hlocking traffic and using a cherry picker.
Mr. Elora stated staff would reoommend the laa base bid f ram 1Lt Erickson
Service be accepted in the amo�t of $29,243 which includes pe�iriting a11 the
sic�als and poles.
� NDTION 1� Co�cilman Schneider to receive the £ollcwing bids for Pro�ect l�o.
167:
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QOUNCIL MEEPING OF JUNE 16. 1986
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A1 Erickson Service
538 Vrrgiiva Street
St. Fai;1, Md 55103
Painting Syste�s
1004 Lowry Avenue N.E.
Minneapolis. NfI 55418
Vallc� Contracting
P. O. Box 8599
Vdhite Bear Lake, AI�T 55110
Eagle Construction
8181 Riverviea Terrace
Frldle�, rRJ 55432
145
ZOTAL BF1S� BILi
$29,2�3.��
$38,385.00
$38,779.0�
$46,95II.00
ALT. A BID
$`16,493.00
$25,194.00
529.379.0�
$45,811.00
5ewnded fx Councilman Sarnette. Upon a vaice vote, all voting aye, FYQycr
Nee declared the motion carried unammously.
NDTION L'y Councilman Schrgider to award the cx�ntract for the 5ignal Sy stem
Pairtting Pro�ect No. 167 to the lav bidc3er, A1 Erickson Service, for che
total l�ase bid Ln the amount of $29,24�3. Seconded by Councilman
Fitzg�trick. U�.un a voice vote, all voting aye, P�ayor Nee declared the
motion carried unammously.
9. RESOLUTTON NO 47-1986 II�IDORSING THE EFF017'i� OF THE NORTH HIETRO TRAFFIC TASK
FORCE SUPPORTING ADDITIOI�L RIVER CROSSING CAPZ�CITY lUEEDS AND REQU�STII�iG A
COMMI7MF�LC OF RESOURCFS FROM THE STATE OF MINNESOTA AND THE P7ETROPOLITAN
CWNCIL 7+0 IMPLEMENT RESPONSES TO IDENTIFY RIVER CRUSSING NEEDS IN THE NORT�3
METRO ARFA:
Aix. Flora, Public Woxks Directox, stated this resolution xequests the
t�nnesota De�rtrnent of Transportation and r.he T�Iei:rop�litaii Council irnt�ace
a cietailecl study of the bridge �eds of this area and to designate r�ecesss�ry
resources to design and construct appxopriace facilities.
P'DTION Y� Cowicilman Barnette to aciopt Besolution Nu. 47-1986. Seconded by
Councilman Goodspeed. Upon a roll cali vote, Councilman Sarnette,
Councilman Goodspeed, Council�nan Fitzxatrick and Councilman Schneiiler vated
in favor of the notion. [�9ayor Nee votec� agaizist ihe motion. Mayor ldee
declared the motion carra.ea b� a 4 to 1 vote.
N13yor Nee stated he ci�c7n't feel the State had been res}�or�sive to the City's
�st ra�uests reqarding tra£fie crongestion 'r_hrouc� Frac73.e�.
10. RESOLUTSON N0. 48-1986 ORDERING IMPROVENIENT. APPROVAL OF PLANS AND
ADVII2�'ISF�4ENP FOR BIDS FOR S'PREEP IMPROVEM�NP PRQJECT ST. 1986-3:
� PDTION ty Councilman Schneider to acbpt Resolution tdo. 45-1986. Seaonded f�
Coimcilman Barnette. Upon a vozce vote, all voting aye, T•�xyor Nee declared
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COUNCIL MEE�TING OF JUNE 16. 1986
the mation carriecl iu�ammously.
NDTION ks� Councilman Schrsider to acloxk Resolution No. 49-1986. Sewnded 1�
Councilman Fitz�trick. Upon a voice vote, all voting aye, Mayor T�ee
declared the motion carried unammously.
12. APPOINPMIIdT: CITY EMPfAYEE:
NDTION kr� Cowlcilman Schneider to ooncur wlth the following appointment by
the City Manager:
5TP12TING STP,RTING
NAME FOSITION SALARY DATE REPLACES
Grant Leland Merseth
407 Pearl
l�i�nkato, rN 56001
Fblice Officer � 9.58
�i1110E? 1�2'�Jt.. �Y
(Fsrtial exeznpt) Hour
($1,667/mo.)
July 1, BradL�
l.�d� P2�LS011
Sewnded b� Councilman Barnette. Upon a voice vote, all voting aye, I��ayor
Nee declared the motion carried unanimously.
13. LICINSES:
NDTION tr� Councilman Barnette to apprwe rhe licenses as sutmitted and as on
f�le in the License Qeck's Office. Sewnded i� Cr�uncilman Schneider. U�.ron
a voice vote, all voting aye, Mayor Nee declared the r�lotion carried
unanimously.
14. CI,AIMS:
NDTION 1� Councilman Schneider to authorize �yment of Claims r7o. 8358
through 5924. Seconded Ys� Coimcilmart Fitz�atrick. U�an a voice vote, all
voting aye, Nl�yor Nee declarec3 the motion carried unaiumously.
15. ESTIMATES:
NDTION 1� Councilman FitzFatxick to a�prove the follaaing estimates as
sul�nitted:
Smith, Juster, Feik�na, N�ilrnon & Haskvitz
6401 Umversity Ave. N. E.
Fridlc�, NN 55432
For Services Rendered as C1ty Prosecuror
Fbr the MontYt of Nk�y. 1986. . . . . , . . .
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$ 7,399.49
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COUNCIL MEETING OF JUNE 16. 1986
� Herrick & Nc=aman, P.A.
6279 Umversity Ave. N.E.
Fridl.e�, NN 55432
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For Services Rendered as Ca.ty Attorney
Nl�y 1986 Retaimr . . . . . . . . . . . . . � 2,767.50
Eugene A. Iuckok and Associates, Inc.
545 Indian Mound
Wayzata, hN 55391
Professional Services fran April 26, Lo P�y 28
For Moore Lake Restorat�.on Pro�ect II
Parta al Estimate . . . . . . . . . . . . . . $ 691.11
H & S Aspkralt
700 Industry
Anoka, MV 55303
For Street Imprwenent Pro�ect St. 19II6 - 1& 2
Partial Estimate No. 2. . . . . . . . . . . . $65,590.00
Seaonded l� Councilman Schneider. U�ron a voice vote, all votir.g aye, Mayor
Nee declared the motion carried unammously,
16. OONSIDERATION OF ISSUING A SOLICITOR'S LICENSE FOI2 N1ARX SUE SOBBA:
� NDTION lx Councilman Barriette to apprwe the solicitor's license for INary
Sue Sobba. Seconded fx Co�cilman Schneider. Upon a voice vote, all votiny
aye, Mayor Nee declared the motion carriecl imammously.
17. C1�ISIAERATION OF FIRST RF�IIVG OF AN ORL7INANCE TO CH[�.NGE THE SIGN CODE BY
P.MEL�7IDING SECTIONS 214 . 02 , 214 .05 At�ID 214 .15 :
Mr. Herrick, City Attorney, stated before c�etting irnTalved in the details oz
this amenclnent, the question should be asked how badly ik is needed. He
stated he felt tYiis orcU.rrance would be difficult to enforce and may involve
the City in a lot of coritrwersy. Mr. Herrick stated an attenpt to enForce
it may we11 irroolve some e�cpensive litigation,
Mr. Herrick stated the City has one current situata.on that, in his opinion,
znitiated the r�uest for this pro�.rosed ord� nance revision. He stated he
clidn't knaa if the Council wanted that sittaation to get then into an area
that would be dtfficult to police. He stated if the Council feels they need
an orclti�nce to handle this situatLOn and others that might arise, then the
substance of the orclirr�nce can be discussecl.
Councilman Schneider stated the Council asked what the� could do about the
situation that does exist and Mr. Herrick's otfice har3 replied that, before
ariything coul.d be cbne, the ordirance s�eeded to be mcxlified.
� Mr. Hernck stated that was correct, but the question is should they do
arrything. He stated there are U.S. Supteme Court cases Lryxng to define
what is obscene and what is libelous. He stated his oriqinal recori�nendation
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COUNCIL MEETING OF JUNE 16. 1986
� was to elunir�ate tl�e word "libe].ous" and leave in the word "obscene".
Cnimclman Schr�ider stated there is a proolem as a niunaer of people are
oompl�u.ning. He felt if the ordinance is ado�ted, the Council should
proceed cautiously. He felt the ordinance should be adopted and have a
declaratory �udgnent to see what the murt decicles.
I�. Herrick stated he didn't have arr3 pxoblan with doing this, but felt Itan
D should probably be elunirated fran the ordinance.
Coimcilman Goodspeed staten he would agxee d�e Council should �ake � stand
in the "gray area" and let the o�urts decirle.
h�[?TTON by Councilman Schneidez to waive the readiny aad approve the
ard�,rr�nce upan first reading to �nend Sections 214.02, 214.05 and 214.15 af
the Sic�n Ordirance. Seconded 1� Councilmar� Goodspeed.
MDTION by Councilman Schneider to amend this proposed orc7inance by
elunirat�ng It�n 7D undex Section 214.05 which reSers to libe7�ous or ol�cene
messages. Seconded lx Coimcilman Goodspee�l. U�n a voice vote, all vou ng
aye, I�yor Nee declared the motion carried unammously.
NDTION t� Councilman Schr�ider ta amend Item 7E, under Section 214.05 oy
renaming it Itan 7D, and ack7ing the words "or with the �nsent of the aaner"
after the word "property". Semnded l� Councilman Goodspeed. U�ron a voice
� vote, all voting aye, P�yor Nee declared the metion carried unammously.
UFON A VOICE VOTE TAKFSI CN �3E hgfIN NY�TIGN, all voteci aye, and r7ayor Nee
declareci the motian carried unammously.
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M�TION b� Councilman Schneider to refer thxs proposec� ordinance change ta
the Planrung Co�nission before the �cond re-ac7�ng. Seconden by Councilman
Barnette. U�on a voice vote, all voting aye, Mayar Nee declazed the n�otioi,
carried unanimously.
18. RESOLSITION NQ. 5Q-1486 REL�ATING TO ASSISTING N7INFIELD DEVEILlPMEEC�77P. INC. .IN
OBTAINING AN II�IDUSPRIAL Dh'VEL�OPMENr BOAIDING AI,TAC'ATION BY FINDING THAT TFIE
PR03ECT SITE WOULD QUALIFY AS A REDEVETIJPP4ENT TAX INCREMENT FI1VA��CIIVG
DIb�'RIGT:
Me. Qureshi, City Mas�ger, stated, tr� adoptirig this resolution, the Counci�
allaas Winfield Developner� to oompete �n ti�e Srate Industrial Revenue Bond
pool due to the `oil problens on their site. He stated, if the resolution
is acbpted, this would be a first for the City in allowir.g a busittess to
�mpete for f�mding tor soil problans �nxder the States new rules.
NDTION kry Counctlman Barr�ette to adopt Reso3ut-ion IQo. 50-1986. 5econded �y
Coimcilman Sch�ider. Upon a voice vote, all vcting aye, I�yor Nee declared
the motion carriecl unammously.
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COUNCIL MEEPING OF JUNE 16, 1986
� � • J: �lu �IU
N1�TION by Councilman Schneider to ad�ourn the meetlny. Secondec] by
Coimcilman Goodspeed. Upon a voice vote, all votirig aye, N13por tdee declared
the motion carried unammously and the Regalar Nleeting of the Fridley City
Cotmcil of J�e 16, 1986 ad�ourned at 10:].5 p.m.
Respectfully sukmitted,
�,�� �����
Carole Haddad
Secretary to the City Council
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bd�lli�n J. Nee
Mayar
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