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03/12/1990 - 00006426� � � W/ � THE MINLITEB OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MARCH 12. 1990 The Regular Meeting of the Fridley City Council was called to order at 7:34 p.m. by Mayor Nee. PLEDGE OF ALLEGTANCE: Mayor Nee led the Council and audience in the Pledge of Alleqiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman Billings, Councilman Fitzpatrick, Councilman Schneider and Councilwoman Jorgenson MEMBERS ABSENT: None PRESENTATION OF PROCLAMATION: GIRL SCOUT WEEK - MARCH 11 - 17. 1990: Mayor Nee issued a proclamation proclaiming March 11 through 17, 1990 as Girl Scout Week in the City of Fridley. He asked that this proclamation be forwarded to the Girl Scout representatives. APPROVAL OF MINUTES: COUNCIL MEETING. DECEMBER 18. 1989: MOTION by Councilman Billings to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COUNCIL MEETING, FEBRUARY 26, 1990: 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 aarried unanimously. SPECIAL COUNCIL MEETING. MARCH 7, 1990: MOTION by Councilman Billings to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Fitzpatrick to adopt the agenda as submitted. Seconded by Councilman Billings. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 7i FRIDLEY CITY COIINCIL MEETING OF MARCH 12 1990 PAGE 2 � OPEN FORUM. VISITORS: Ms. Pat Bender, lOD Satellite Lane, questioned how old a person has ta be before they could be employed in a restaurant where liquor is sold. She stated her daughter was employed at Soe DiMaggio's as a hostess, but was dismissed because she was 16. Mayor Nee stated in checking the law, employees must be 18 except for musicians, bus boys, and dishwashers. He stated Ms. Bender asked if she could bring this matter before the Council to see if some accommodation could be made to include hostesses. Mr. Herrick, City Attorney, stated there is a State statute which should be checked. Ms. Bender stated she questions why a bus boy or dishwasher can be under the age of 18 and a hostess cannot. Councilman Billings stated the State statute indicates a person must be 18 in order to serve liquor. He stated there is also a State statute that regulates the working hours of persons who are under age. The Council agreed the City Attorney's office should research this � question. PUBLIC HEARING• 1. PUBLIC HEARING ON AN QRDINANCE AMENDING SECTIONS 7.04. 7.Q5. 7.07, AND 7.09 OF THE FRIDLEY CITY CHARTER: MOTION by Councilman Billings to 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 7:47 p.m. Mr. Hunt, Assistant to the City Manager, stated the Charter Commission has recommended amendments to certain sections of the Charter relating to the budget. He stated the Charter presently requires that the City budget be adopted by ordinance which requires two readings. He stated the amendment would allow the budget to be adopted by resolution so it could be done at one meeting, rather than a public hearing and two readings. Mr. Hunt stated the amendment would also include that the budget estimates be presented at the last regular meeting in August, rathei than the first meetinq in August. He stated because the City does not receive information on State Aid until August 1, it would be premature to submit the budget estimates by the first � meeting in August. 7 f, �. FRIDLEY CITY COUNCIL MESTING OF MARCH 12, 1990 PAGE 3 � Mr, Hunt stated the new State law calls for establishing the final budget between November 15 and December 20. He stated, previously, the budget had to be finalized in October. He stated the amendment states the budget has to be completed and levies certified in accordance with State law. Councilman Schneider stated it may be appropriate to take out all language that relates to specific dates. Mr. Hunt stated the Charter Commission did consider that option and rejected it because they £elt there was some indication in the Charter that the citizens wanted an early review of the budget. Councilman Schneider stated the reality is the Council does not know in Auqust what revenues will be received from the State which does not make the budget figures very meaningful. Mr. Hunt stated it is required that the figures be available to the City by August lst. Mayor Nee felt that even though this was not the case last year, this would probably change in the future. No other persons spoke regarding these proposed changes to the City � Charter. MOTZON by Councilman Fitzpatrick 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 7:52 p.m. OLD BUSINESS• 2. VARIANCE REOUE5T, VAR #89-19, FRONT AND SIDE YARD SETBACK REQUESTS BY ORVILLE AND JEANNINE SACHS: Ms. Dacy, Planning Coordinator, stated the last time the City considered this request was September 18, 1989. She stated the request consists of three variances to allow the expansion of an existing garage. She stated the first variance is to reduce the side yard setback from l0 to 9.1 feet to bring the property into compliance with the City Code. Ms. Dacy stated two variances are necessary for the proposed garage expansion. She stated one variance is to reduce the front yard setback from 35 to 9.2 feet and the other variance is to reduce the side yard setback from 5 feet to 1 foot. Ms. Dacy stated at the September 18, 1989 meeting, the Council considered a revised request by the petitioner to re-direct the � driveway to the west rather than on Hathaway Lane. She stated the petitioner indicated when they purchased their home, the survey they were given was wrong. She stated the Sachses purchased the � FRIDLEY CITY COUNCIL MEETING OF MARCH 12 1990 PAGE 4 home with the thought they could add on to the existing garaqe. She stated the Council tabled this request on September 18, 1989, to allow the petitioner to investigate the possibility of expanding the garage into the City owned outlot to the east. Ms. Dacy stated another request was submitted to expand the garage to three stalls. She stated staff determined that approximately 40 feet of Outlot C would be necessary to accommodate the expansion of the garage. She stated the petitioner has determined that the acquisition o£ additional property is not within their budget plans and have requested the Council to make a final determination on the original request for the three variances. Ms. Dacy stated the Appeals Commission has recommended that the variance for the side yard setback from 10 feet to 9.1 feet for the existing encroachment be approved and the other two variances be denied. Ms. Dacy stated there is another alternative or compromise that would not necessitate using 40 feet of outlot C. She stated the Sachses could add on to the existing garage with two stalls which would require using only 10 feet of outlot C. Mrs. Sachs, 1281 Hathaway Lane, stated at the 5eptember 18 meeting, � she felt she was not prepared to make the proper presentation. She stated she wants to strictly address the variance £or the garage and front of the house. Mrs. Sachs stated when they purchased this home from the Veterans Administration, which was a repossession, they asked the location of the lot and the drawing showed 12 feet so they assumed they had 12 feet to the lot line. She stated when they had the lot surveyed, they found they had only 6-1/2 feet, which did not leave room to expand the garage. ' Mrs. Sachs stated it was felt the only alternative w4uld be to expand to the front of the home and use the existing single garage as a family room. She stated they would not have to change the roof line. Mrs. Sachs stated the original variance request proposed a driveway to the front and the neighbors objected, but it could be placed to the side. She stated if the garage were lowered another foot, it would be on the same level as the first floor of the home. Mrs, Sachs stated there is a home at 1333 Hillwind Drive which has a similar situation and a variance was granted. She stated she would like approval for the same thing and pointed out there is an adjacent home next to this property and no house located to the side of their home. She stated they could shorten the garage and install trees and the neighbors would not even see into the yard. � J 74 FRIDLEY CITY COUNCIL MEETINa OF MARCH 12. 1990 PAGE 5 � Councilman Schneider asked what was located across the street from the home on Hillwind Drive. Mrs. Sachs stated it is open land, but they could hide their garage with plantings. Mayor Nee stated the home on Aillwind Drive faces the freeway. Ms. Dacy stated the home on Hillwind Drive was built in 1958 and the property platted in 1964. She stated the plat did not include a different roadway easement and in the survey that was used, it appeared there would be a greater setback, however, there is 9-1/2 feet from the lot line. Mayor Nee asked Mrs. Sachs if they would be willing to purchase the extra land in order for their proposed expansion. Mrs. Sachs stated this was not their idea. She felt this came from Mr. Drigqins and her Council representative. She stated they paid $85,000 for their home and had it appraised by Dave Ryan for about $110,OOQ. She felt they cannot get their money out of the house, if they cannot expand. Councilman Schneider asked why they purchased the home with a ' single car garage if they desired more garage space. Mrs. Sachs stated they thought they had 12 feet to the lot line so they could expand. Mayor Nee stated the Sachses could buy the extra land. Councilman Schneider stated there is a viable option for the petitioner to accomplish the expansion and not need a variance. Mrs. Sachs stated they have not been advised to consider the option of spending any more money. She stated to purohase more land would put another hardship on them and that is the reason they decided to proceed with the variance request. Mr. Ben Ewers, 5680 Matterhorn Drive, stated his side yard looks to the Sachses' front yard. He stated he knows this request is not about the outlot, but when Darrel Farr platted the property, there were a number of parcels deemed unbuildable and the assessments were assigned to the property owners. He felt, therefore, he has some interest in the ultimate disposition of the outlot as he has paid taxes and maintained it. He stated he wants personal notification if the City is thinking about disposing of this outlot. ' Mr. Ewers stated he believes the City establishes variances for good reasons and did not feel this request is reasonable. He felt the variances would have a significant visual impact for the \ �.Y FRIDLSY CTTY COIINCIL MEETING OF MARCS 12. 1990 PAGE 6 � neighbors and did not feel a hardship exists. Mr. Ewers stated if the property was misrepresented when it was sold, perhaps legal action could be taken. xe stated in regard to the home on Hillwind Drive, it is across from the noise harrier of the freeway and it does not have a deck. Mr. Ewers stated the Sachs' deck would face into his yard. He stated he cannot say he represents all the residents on Matterhorn Drive, but thinks they probably would have the same feelings regarding the outlot. He felt, however, if a mistake was made in granting the variance on Hillwind and the Sachses' variance request is granted on this basis, two wrongs do not make a right. In referenCe to Mr. Ewers statement, Councilman Schneider asked Mr. Ewers if he did not receive proper notification. Mr. Ewers stated he received notification in the mail, but stated items sometimes get lost and felt if the City disposes of the outlot, tha residents should reaeive a verbal notification. Ms. Jan Drigqins, 1280 Hathaway Lane, stated she objected to the front yard variance. She stated her home is also elevated and they would have a direct view from their dining room table to where the garage would be located. She felt a variance of this magnitude would disturb the aesthetics of the neighborhood. � Mr. Stephen Otto, attorney representing Mrs. saahs, stated if the Sachs are not allowed to improve their property, the City is creating a hardship. Councilman Schneider asked what hardship the City is creating, as the Sachses bought the home and did not bother to have a survey done. Mr. Otto stated �he City is not allowing them to use the property that is best suited to their needs. Councilman Schneider stated this was "rubbish" as the City has Code requirements. Mr. Otto stated the Sachses bought the property with the understanding they could construct the garage. He stated the qarage they are proposing to construct would be very nice looking and improve the value of the neighborhood and their home. Mr. Otto stated Mrs. 5achs has shown a similar situation where property a few blocks away was allowed to construct a similar garage and by not allowing the Sachs to proceed, unless it can be shown that the property is very different, would be considered arbitrary and capricious. He stated the Sachses want to improve � the value of their property and request the variance be granted. � � �1 7� FRIDLEY CITY COUNCIL MEETINQ OF MARCH 12, 1990 PAGS 7 Councilman Schneider asked what unique hardship exists for the variance to be granted based on the lot. Mr. Otto stated what is unique is the Sachses circumstances. He stated they bought the home with the intent of constructing an additional garage. He stated they exercised due diligence on purchasing the property and relied on the advice of their realtor and that has created a hardship on them. Mr. Herrick, City Attorney, stated the general rule of law in granting a variance is that there has to be something unique about the property that would justify the variance. He stated it has to be a situation that is not self-induced or one that would not have been known at the time this property was purchased. He stated whether this situation exists in this case is for the Council to decide once the facts are reviewed. Mrs. Sachs stated the hardship is a single garage and they only have room for one vehicle. She stated parking outdoors in winter is no fun. She stated they would like a douhle garage and thought they had 12 feet so this could be accomplished. She stated if the deck roof is a problem, the pitch could be such to matah the rest of the house. Mayor Nee stated whether or not the City made a mistake on Hillwind Drive, does not mean all the criteria for setbacks in the City is changed. Councilman Billings questioned if the hardship has to be a hardship of the property or of the occupant of the property. He asked if there is a hardship merely because someone wants more space than what the Code allows. Mr. Herrick stated this would not be considered a stated the basic rule is that there is something property and was not self-induced by the owner. hardship. He unique to the Councilman Schneider stated he does not believe there is a demonstrated hardship as exhibited in the discussions before the Appeals Commission and City Council. MOTION by Councilman Schneider to concur with the unanimous recommendation oP the Appeals Commission and deny the portions o£ VAR #89-19 to reduce the £ront yard setback from 35 to 9.2 feet and reduce the side yard setback from 5 feet to 1 foot. Further, to approve that portion of the variance to reduce the side yard setback from 10 to 9.1 feet in order to brinq the house into compliance with the City Code. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7 ", FRIDLSY CITY COIINCIL MEETIN(i OF MARCH 12. 1990 PAGE 8 � Mrs. Sachs asked about her vacation application and if she could receive a refund of the fee. Ms. Dacy stated Mrs. Sachs applied for the vacation, but it has not been processed pending the outcome of the variance request. MOTION by Councilman Billings to direct staff that if Mrs. Sachs requests withdrawal of the vacation request, within the next two weeks, that the filing fee for this vacation be refunded, if staff has not done any work to process the request. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 3. APPROVAL OF CONTRACT FOR CANADA GOOSE C�NTROL PROGRAM: Mr. Jack Kirk, Director of Recreation and Natural Resources, stated for several years there has been a growing concern about the large number of Canadian geese at Moore Lake beach and park. He stated with the investment the City has made into Moore Lake for recreational purposes, it does not seem compatible to allow the large number of geese. Mr. Kirk stated the Parks and Recreation Commission and the Department of Natural Resources is recommending � the City enter into a contract for a goose control program. Mr. Kirk introduced Mr. James Cooper, Associate Professor, Department of Fisheries and Wildlife, University of Minnesota, to explain this program. Mr. Cooper stated the goose is a native species of Minnesota. He stated in 1972, there were less than 1,000 in the Twin Cities. However, the numbers have grown in excess of 20,000 birds. He stated the Department of Natural Resources has a hunting season. However, the most effective program for areas like Moore Lake is relocation to move the geese from Minnesota to Oklahoma, Mississipp�, or ICentucky. He stated the adult geese are moved to other states and the young geese moved to other outlying areas in the state of Minnesota. Mr. Cooper stated Canadian geese go flightless when the young are five weeks of age and this is somewhere between the second week of June and the first or second week of July. He stated when the geese are flightless, nylon netting is used to drive them into a trap. He stated they are humanely handled and brought to the Carlos Avery Game Farm and then transported to other states. He stated about 50 percent would be reduced the first year; 60 percent the second year; and 85 to 90 percent the third year. He stated it takes three years to reach the 90 percent reduction. Mr. Cooper � stated the young geese do not nest for two years. They go to the north shore or into Canada. He stated it is necessary to capture the geese for a number of years in order to catch the breeders. ib FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 1990 PAGE 9 � Mr. Cooper stated other cities who have participated in this program include Brooklyn Center, Shoreview, New Brighton, Columbia Heights, and Robbinsdale. He stated they have had a lot of success with the program. Councilman Schneider asked if there would be a significant reduction this year. Mr. Cooper stated at a site like Moore Lake, they would capture 95 to 100 percent of the geese at the site when they make the drive. He stated, however, geese in adjacent areas would come to this site. He stated he knows that surrounding communities are controlling their geese, so most of the geese at Moore Lake would be at levels that can be tolerated. Councilwoman Jorgenson stated the goose problem would not only be controlled at Moore Lake, but at adjacent sites such as St. Fhillip's Church, the high school, and the old drive-in area. Councilwoman Jorgenson stated the City had placed some fake swans on Moore Lake to try and combat the goose problem. She asked if the goose population was under control, if it would be effective to place live swans on Moore Lake. � Mr. Cooper stated swans can be very aggressive towards humans and have become a nuisance in some areas of the country. He stated the swans who have become threats to humans are those who were fed by humans. Councilman Schneider asked if the program could be extended after the three-year period. Mr. Cooper stated the program is a University of Minnesota experimental program. He stated the cities of Minneapolis and Golden Valley have been in it for seven or eight years and they have a capture about every third year. Councilwoman Jorgenson asked if the beach needed to be closed during the capture of the geese. Mr. Cooper stated this would not be necessary and they would work with the park and recreation personnel so there is not any safety problem. Councilwoman Jorgenson asked if young children witnessing the capture would think the geese were being hurt. Mr. Cooper stated their crews are well-trained and usually youngsters who observe the capture see that the geese are being � handled very humanely. He stated he would invite anyone to observe the capture. L_ .� � � 7� FRIDLEY CITY COUNCIL MEETING OF MARCH 12. 1990 PAGE 10 MOTION by Councilman Schneider to authorize entering into this contract with the Regents of the University of Minnesota for the Canada Goose Population Management and Ecology program. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider thanked Jack Kirk for bringing this program to the Council's attention. 4. FIRST READING OF AN ORDINANCE ADOPTING NEW CHAPTER 407. ENTITLED. "EXCAVATIONS IN PUBLIC STREETS. RIGHTS-OF-WAY AND EASEMENTS"• Mr. Flora, Public Works Director, stated this draft ordinance was prepared for the purpose of covering the repair of utility cuts made in the City streets by other agencies. He stated because of past poor compaction and adequate strength in utility cuts, the City has escperienced depressions and settling in trenches and cuts in the streets. Iie stated the ordinance establishes an improved system of patching, as well as recording and minimizing the time of disruption. Mr. Flora stated the ordinance also establishes a permit fee of $100 for every utility cut that is requested and provides for some security, if the agency should not complete the work as requested. He stated this proposed ordinance has been submitted to the utility companies that work in the City. He stated Mr. Henningsgaard, a representative from Minnegasco, is present this evening to address the issue. Councilman Schneider asked if the $100 permit fee was adequate to cover all the City costs. Mr. Flora stated about $108 in costs was identified, but the figure was rounded to $100. Councilman Schneider asked how the various agencies know where the utility lines are located when they make cuts in the streets. Mr. Flora stated the Gopher State One Call notifies all the utility companies and they have to go out and inspect the site to identify any utility lines they may have in that area. Mr. Herrick, City Attorney, asked i£ this proposed ordinance was the one reviewed by his office. Mr. Flora answered in the affirmative. Councilman Billings asked if the $1,000 security deposit is to make sure all the necessary repairs have been accomplished. Mr. Flora stated it is, essentially, a one year performance bond. He stated after a patch has been made, the City probably would not know until several months later if there was any settlement. He U V FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 1990 PAGE 11 � stated if this was the case and the agency did not respond to the City's request to make a satisfactory patch, funds would be available for the City to proceed to have this completed. Councilman Schneider asked how often a major utility makes an excavation. Mr. Flora stated Minnegasco had over 300 patches in the City this past year. Councilman Schneider asked if the $1,000 security deposit was sufficient to cover the City's costs. Mr. Flora stated the ordinance applies to anyone who digs a hole in the streets. He stated with some of the larger franchise companies, he felt this is sufficient to cover any costs the City may incur. Mr. Flora stated this ordinance also provides that emergency cuts can be made and the permit applied for within two days. Mr. Henningsgaard, Director of Local Government Relations for Minnegasco, presented a paper on Minnegasco's position. He stated Minnegasco wants to be a good corporate citizen and pay their fair � share of what is expected of them. He stated Minnegasco provides programs that add value to the communities they serve. Mr. Henningsgaard stated Minnegasco was opposed to any fee or license that increases their costs. He stated in regard to the construction hond requirement, he asked that this be waived for franchised utilities. He stated it was felt that the City's concerns are covered in the franchise ordinance. He stated Minnegasco has done business with the City for over 30 years and completion of excavations has never been a problem. He stated if they dig up a street, they want to go in and repair it and if they do not do an adequate job, they will come back and do it right. Mr. Henningsgaard stated Minnegasco felt the $100 fee was excessive for a permit. He stated most communities do not charge a permit fee and those that have such a fee, the average is between $15 to $20. He stated it is felt if a fee is absolutely necessary, it should be within that range. He stated Minnegasco supports Fridley by paying taxes and over $167,000 was paid in 1989 £or personal property taxes for use of the public right-of-way. He stated he did not believe a plumbing contractor pays this type of money to the City. Mr. Henningsgaard stated Minnegasco offers many programs that add value to the City and any new costs would mean cutbacks to these � programs. He stated some of the programs are tips on wise and safe energy use, assistance program for the needy, and safety watch. B� FRIDLBY CITY COIINCIL MEETING OF MARCH 12 1490 PAGE 12 � Mr. Henningsgaard stated Minnegasco would request the construction bond be waived and to review the $100 permit fee to make it more reasonable. Mr. Flora stated the way the ordinance is written, the applicant would apply for a permit and indicate what work would take place at a particular place, certain dates, and times. He stated the City would then know where the work is being done, at what times, and when the patch would be done. He stated after the patch is completed and if there is a failure and the applicant did not respond, the City could make the correction and use the security deposit for this purpose. Councilwoman Jorgenson stated she understands if there are no failures on the patches, that the $10,000 security bond would be returned at the end of the year. She stated if the City needed to make any repairs, it would be deducted from this $10,000. Mr. Henningsgaard asked if the City has had any problems with Minnegasco's repairs in the last several years. Mr. Flora stated there have been several patches by many persons that have failed, not only Minnegasco. � Mr. Henningsgaard asked if Minnegasco was notified the repairs were not satisfactory. Mr. Flora stated the City really did not have a vehicle to have the corrections accomplished. Mr. Burns, City Manager, asked if Minnegasco was making a cut on several different streets in the City the same day, would they obtain a permit for each cut. Mr. Flora stated the way the ordinance is written, they would indicate the patch cuts and it would be one permit. Mr. Henningsgaard stated safety is most important to Minnegasco and they would not batch repairs to save the permit fee. He stated he understands the fee is for pavement cuts and cuts on the boulevard would not be subject to the $100 fee. Councilman Fitzpatrick stated the ordinance does not address this issue. Councilman Schneider asked why it is not aovered in this proposed ordinance. Mr. Flora stated the ordinance focused on asphalt, concrete, and � curb cuts. 8� FRIDLSY CITY COIINCIL MEETINQ OF MARCS 12. 1990 PAGE 13 � Councilman Fitzpatrick asked what assurances the City would have for the boulevard being restored. Mr. Flora stated this is not a major problem with settlement of the boulevard areas. He stated the ordinance addresses tunneling or excavation within a paved surface. Mayor Nee stated if it takes the same amount of staff time to inspect the boulevard as the streets, this issue should probably be addressed to recover the City's costs. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Schneider. MOTION by Councilman Schneider to amend the ordinance by increasing the permit fee from $1D0 to $110. Seconded by Councilman Fitzpatrick. Upon a voice vote, Councilman Schneider, Councilman Fitzpatrick, Councilman Billings and Mayor Nee voted in favor of the motion. Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. MOTION by Councilman Schneider to delete the words "public streets on" in the first line of Section 407.01. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared � the motion carried unanimously. The purpose of the above amendment is to revise the wording to reflect a permit is required for any work within the public right- of-way or easement. Councilman Billings stated under Section 4D7.08 regarding security for completion of the excavation, the language should be reviewed to clarify the costs. Councilwoman Jorgenson felt the ordinance should not be so restrictive that agencies are not able to do business in the community. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Mr. Henninqsgaard stated Minnegasco makes repairs all over the metropolitan area and no other community requires a construction bond. He requested the Council waive this requirement based on their past record. Councilwoman Jorgenson stated the Council must be fiscally responsible to the Fridley residents and recover the costs to the City for the agencies that operate in the community. � Mr. Henningsgaard stated if there was a problem in the past, he could see the requirement for the bond. He suggested making 1990 --- 8� FRIDLEY CITY COUNCIL MEETING OF MARCH 12. 1940 PAGE 14 � a trial year and if there is a problem, then initiate the bond requirement. Mayor Nee stated the City is trying to establish a system that not only applies to utilities, but to contractors as well. He stated the City has to be able to recoup their costs and make everyone responsible who cuts holes in the streets. He stated it is possible at the second reading of the ordinance on March 26 that the Council could revise the issue on the bond for those who have franchises, Councilman Billings stated he may be willing to look at reducing the bond for those who have above-ground worinnanship. 5. APPROVAL OF RECOMMENDATION FOR TAX FORFEIT PARCEL NO. 54: Councilman Fitzpatrick stated the staff's recommendation for this parcel is that it be combined with adjacent parcels. Mr. Flora stated the County will be notified of the Council's action regarding this parcel and the County Commissioner then attempts to dispose of the property per the City's recommendation. MOTION by Councilman Fitzgatrick to concur with the staff's � recommendation and that this tax forfeit Parcel No. 54 be combined with adjacent parcels. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. CHANGE ORDER NO. 16 FOR FRIDLEY MUNICIPAL CENTER IMPROVEMENT PROJECT NO. 189• Mr. Flora, Public Works Director, reviewed this change order with the Council covering contract adjustments for sub-contractor's final billings for the Municipal Center. MOTION by Councilman Schneider to approve Change Order No. 16 in the amount of $2,682.65 for the Fridley Municipal Center Improvement Project No. 189. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. APPROVAL OF RECOMMENDATION T� AWARD CONTRACT FOR REPAIR OF WELL NO. 3. PROJECT NO. 203: Mr. Flora stated bids were opened on March 8 for the repair of Well No. 3 and five bids were received. He stated the low bidder was E. H. Renner and Sons, Inc. for $22,956.00 and sta£f recommends they be awarded the contract. � MOTION by Councilman 5chneider to recaive the bids for tha repair of Well No. 3, Project No, 203: L �I �� FRIDLEY CITY COIINCIL MEETING OF MARCH 12 1990 PAGE 15 E. H. Renner 15688 Jarvis Elk River, MN 55330 Layne Minnesota 3147 California Minneapolis, MN 55418 Mark Traut Wells 151 72nd Avenue St. Cloud, MN 56301 Keys Well Drilling 413 N. Lexington St. Paul, MN 55104 Bergerson-Caswell 5155 Industrial Maple Plain, MN 55359 $22�956.00 $26,186.00 $32,857.00 $32,875.00 $33,145.00 Seconded by Counailman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � MOTION by Councilman Schneider to award the contract for the repair of Well No. 3, Project Ilo. 203, to the low bidder, E. H. Renner and Sons, Inc. in the amount of $22,956.00. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. APPOINTMENT: CITY EMPLOYEE: MOTION by Councilwoman Jorgenson to concur with the following appointment by the City Manager: Name Starting Position Salarv James Sewer $2,982.45 Brindley Foreman per month Range 6 $35,789.40 Exempt per year Starting Date Mar. 13, 1990 Replaces Arthur Silseth Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. CLAIMS• MOTION by Councilman Schneider to authorize payment of Claims No. � 30947 through 31180. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � FRIDLEY CITY COUNCIL MEETING OF MARCH 12. 1990 PAGE 16 10. LICENSES• MOTION by Councilman Billings to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. ESTIMATES• MOTION by Councilman Fitzpatrick to approve the estimates as submitted: Herrick & Newman 6401 University Avenue N.E. Suite 205 Fridley, MN 55432 Services rendered as City Attorney for the month of February, 1990. . Civic Center Remodeling Pay Application No. 16 Through February 28, 1990 . . . . $ 4,162.35 $103,233.65 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meetinq of the Fridley City Council of March 12, 1990 adjourned at 9:32 p.m. Respectfully submitted, i% � ��.�c-r4-_ e�'���-rf; L Carole Haddad Secretary to the City Council Approved: 8� � � ���i Lil.�4 Ys,� � �f��--[„ �� William J. Nee Mayor