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10/19/1992 - 00005715' � � 50 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOBER 19, 1992 The Regular Meeting of the Fridley City Council was called to order at 7:32 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: MEMBERS ABSENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Councilman Fitzpatrick None PRESENTATION OF PROCLAMATION; CHILD CARE PROVIDER WEEK, OCTOBER 18-24, 1992: Councilwoman Jorgenson read this proclamation, which was issued by Mayor Nee proclaiming the week of October 18 - 24, 1992 as Child Care Provider Week. APPROVAL OF MINUTES: COUNCIL MEETING, OCTOBER 5, 1992: MOTION by Councilman Fitzpatrick 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 Schneider to adopt the agenda as submitted. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARINGS: l. PUBLIC HEARING ON ASSESSMENT FOR 1992 SERVICE CONNECTIONS: MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 19, 1992 PAGE 2 Schneider. the motion 7:35 p.m. 51 Upon a voice vote, all voting aye, Mayor Nee declared carried unanimously and the pubiic hearing opened at Mr. Pribyl, Finance Director, stated that this public hearing relates to the assessment of lateral charges under the authority provided in Ordlnance No. 113 and Resolution No. 86-1992. He stated that each of the properties was connected to City water or sewer or both without having previously paid a lateral charge. He stated that all property owners involved in this assessment roll have signed agreements pertaining to these lateral charges. Mr. Pribyl stated that this assessment will be certified over a fifteen year period at an interest rate of 6-1/2 percent. No persons in the audience spoke regarding this proposed assessment. MOTION by Councilman Schneider 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 7:37 p.m. 2. PUBLIC HEARING ON ASSESSMENT FOR STREET IMPROVEMENT PROJECT 1 NO. ST. 1991 - 1& 2: MOTION by Councilman Schneider 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 7:38 p.m, � Mr. Pribyl, Finance Director, stated that this �mprovement project consisted of a number of components. He stated that the improvements for City overlays, MSA overlays, West Moore Lake Drive and Highway 65, 61st Avenue, Third Street, the recycling center and a portion of 73rd Avenue will be paid from the Cityos Street Capital Improvement Fund in the amount of $186,742.59. Mr. Pribyl stated that other items paid for from the City's funds are miscellaneous driveway improvements and the Little League and liquor store parking improvements. Mr. Pribyl stated that this project also included improvements on 73rd Avenue from Symphony Street to Baker Street at a cost of $217,152.88. He stated that five properties on 73rd Avenue will be assessed. He stated that the improvement included upgrading and widening of the street, concrete curb and gutter, and construction of bikeways. Mr. Pribyl stated that this assessment will be spread over a ten year period at an interest rate of 6-1/2 percent. He stated that � � L � 52 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 19, 1992 PAGE 3 each of the property owners have been sent notices of this assessment hearing. Councilman Schneider asked if there were agreements signed for these improvements. Mr. Pribyl replied in the affirmative. No persons in the audience spoke regarding this proposed assessment. MOTION by Councilman Schneider 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 7:39 p.m. OLD BUSINESS• 3. ORDINANCE N�. 1003 AMENDING CHAPTER 11, "GENERAL PROVISIONS AND FEES," ESTABLISHING A FEE FOR TEXT AMENDMENTS TO CHAPTER 205 OF THE FRIDLEY CITY CODE, "ZONING"; Ms. Dacy, Community Development Director, stated that she has met with the City Attorney regarding questions raised by the Council relating to this proposed ordinance amendmente She stated that this process is to establish a fee to request a text amendment of the Zoning Ordinancee She stated that simply paying the fee would not be an amendment to the zoning text, but would merely be another process for a zoning text amendment. Ms. Dacy stated that the City Attorney has suggested some changes in the wording; however, it is recommended that the Council adopt this ordinance on second readingo She stated that there would be another ordinance amendment submitted to the Council in November, and the change recommended by the City Attorney would be incorporated at that time. MOTION by Councilman Fitzpatrick to waive the reading of Ordinance No. 1003 and adopt it on second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: 4. RECEIVE RECOMMENDATIONS FOR THE ISSUANCE OF 54,875,000 GENERAL OBLIGATION TEMPORARY TAX INCREMENT BONDS, SERIES 1992C: Mr. Pribyl, Finance Director, stated that this is a recommendation from the City's financial advisor, Springsted, Inc. for the sale of these temporary tax increment bondse He stated that these bonds would have a three-year life, with a provision for cali after one year. He stated that the bonds are paid by the Housing and Redevelopment Authority from tax increment funds and not from any tax levy. 53 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 19. 1992 PAGE 4 � MOTION by Councilman Fitzpatrick to receive the recommendation from Springsted, Inc. for the issuance of $4,875,000 general obligation temporary tax increment bonds, Series 1992C. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RESOLUTION NO. 81-1992 INITIATING THE PROCESS FOR THE SALE OF THE CITY'S 54,875,000 GENERAL OBLIGATION TEMPORARY TAX INCREMENT BONDS, SERIES 1992C: Mr. Pribyl, Finance Director, stated that this resolution will actually initiate the process of competitive bidding for the sale of these bonds. MOTION by Councilman Billings to adopt Resolution No. 81-1992. Councilman Schneider suggested a discussion by the City's financial advisor, Mr. Thistle of Springsted, Inc. Councilman Schneider stated that his concern was the term of these bonds and if there was sufficient increment. Mr. Thistle, Springsted, Inc., stated that there was sufficient increment, and all factors have been taken into consideration. � Councilman Schneider asked if there was any risk these bonds would have to be financed under the general tax revenues. Mr. Thistle stated that there was not any risk, that the purpose of the bonds was to attract development of the site, and the bonds would be tax exempt. He stated that the City can authorize the issuance of temporary bonds for up to �hree �ears. He stated that the advantage of temporary bonds would give flexibility should the City succeed in the efforts to market this property. Councilman Schneider asked if all the negotiations with Woodbridge have been resolved. Mr. Pribyl stated that as of October 15, 1992, the agreements had not been fully negotiated. Mr. Herrick, City Attorney, stated that he had discussions with Jim Casserly and made some suggestions which were incorporated into the agreements. He stated that the documents are not signed, but there is agreement on the text. He stated that there is some work to be done in regard to certain real estate titles. He stated that these are probably routine and covered by a provision in the agreement that states monies would be placed in escrow until such time when a title insurance policy is delivered, which is satisfactory to the ' City and the Housing and Redevelopment Authority. 54 FRIDLEY CITY COUNCIL MEETING OF OCTOHER 19. 1992 PAGE 5 ' Mr. Pribyl stated that from what he understands, there is no problem with the structure of the agreement. He stated that the agreement probably would have been signed if it was not for the title issues that slowed down the process. He felt that these could be cleared in a short period oP time. Councilman Schneider asked what the rush was to get these bonds issued. Mr. Pribyl stated that they are trying to accomplish this within 1992. Mr. Thistle stated that they wished to close on the bonds this year, as it is difficult to tell what the market will be in the next several months. Mr. Herrick asked if there was a deadline from when bonds are sold and when the contract is let. Mr. Thistle stated that the City would have six months to award the sale� Mr. Herrick asked what would happen if a buyer wanted to purchase a portion of this parcel. � Mr. Thistle stated that the bonds would have to be called, and the monies from the portion that was purchasecl would be used to buy down that portion of the bond issue. Councilwoman Jorgenson asked if there were funds available in the tax increment districts to pay the interest on these bondso Mr. Thistle stated that there are funds available to pay the principal and interest. Councilwoman Jorgenson asked what happens to the taxes that go to the school districts and the county. Mr. Thistle stated that these are captured by the district and used for district purposes. He stated that they would continue to be paid, but they would not go to the school districts or county, but to the tax increment fund. He stated that the base continues to go to the various districts. Councilwoman Jorgenson stated that the City has been able to return some of this increment to the school districts and county, and they asked if this could be done and still pay the interest on the bonds. � Mr. Thistle stated that this could be accomplished. 55 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 1992 PAGE 6 � Mr. Pribyl stated that all the expenditures have been worked into the projections and looking at the worst scenario, the debt service can be covered on these bonds. The above MoTION was seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6o RESOLUTION NO. 82-1992 APPROVING A PLAT, P.S. #92-03, GARY OBRYCKI ADDITION (105 71-1/2 WAY N.E.)e Ms. Dacy, Community Development Director, stated that this plat has been revised to create two, rather than three, buildable lots. She stated that one lot is for the existing single family home, and the other lot is vacant for building. She stated that Outlot A is to be conveyed to the adjacent property to the west. MOTION by Councilman Fitzpatrick to adopt Resolution No. 82-1992, with the following stipulations attached as Exhibit A: (1) execute a 17 foot bikeway/walkway easement along East River Road on Lot 2 prior to the City signing the plat; (2) pay the current outstanding assessments of $210.54 prior to the City signing the plat; (3) the setbacks for a dwelling on Lot 2 shall be as follows: (a) 35 feet from the property line adjacent to 71-1/2 Way; (b) 35 feet from � East River Road; and (c) the north and south lot lines which run directly east and west shall be the "side lot" lines. Setbacks are ten feet for living area and five feet for the garage; and (4) pay a park dedication fee of $1,500 per lot at the time of building permit issuance. Seconded by Councilman Schneider. Councilman Billings stated that when this item was first before the Council, concern was expressed about creating outlots. He stated that it was his understanding the whole process of creating the outlot was contingent on the sale of the outlot to the adjacent property owner. He felt that this shouTd be part of the stipulations. Ms. Dacy stated that staff is in the process of arranging for Mr. Obrycki to bring in the deed, and tne plat would not be filed until this is done. MoTION by Councilman Billings to add the following stipulation: (5) �'That Outlot A must be sold to the property owner immediately west of this property and that the plat is contingent upon the City of Fridley receiving a copy of the deed to that effect. Further, the plat and the deed shall be filed simultaneously." Seconded by Councilman Schneider. Upon a voice vote, all voting 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. � � 56 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 19, 1992 PAGE 7 7. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF OCTOBER 6, 1992: A. VARIANCE REQUEST, VAR #92-18, BY LUKE AND ELAINE MAIDMENT, TO REDUCE THE REAR YARD SETBACK FROM 29 FEET TO 18 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION. GENERALLY LOCATED AT 1591 WOODSIDE COURT N.E.: Ms. Dacy, Community Development Director, stated that this is a request for a variance to reduce the rear yard setback from 29 feet to 18 feet to allow the construction of an addition and open deck. She stated that the Appeals Commission unanimously recommended approval with a stipulation that a five foot street easement be granted over the utility easement along Benjamin Street for Minnesota 5tate Aid purposes. MOTION by Councilman Schneider to concur with the recommendation of the appeals Commission and grant Variance Request, VAR #92-18. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslye Councilman Schneider stated he thought that unless the easement directly impacted the variance request, the City would not ask for this type of easement. Ms. Dacy stated that that is true; however, when this request was processed the question had not been resolved one way or another> Councilman Schneider stated that his motion did not include the stipulation for an easement. Councilman Billings stated that it was tradition to request the easement and if the property owner was in aqreement, there was not a problem. He stated that if �he property owner objected, the City does not have a legal foundation to require the easement. Mr. Flora, Public Works Director, stated that the City is working on obtaining easements for this portion of Benjamin Street because five feet on either side is needed to meet Minnesota State Aid standards. B. VARIANCE REQUEST, VAR #92-20, BY WARREN PAULSON FOR SUNLINER INN. TO INCREASE THE MAXIMUM SQUARE FOOTAGE OF A SIGN FROM 3 SQUARE FEET TO 84 SQUARE FEET TO ALLOW THE CONSTRUCTION OF A FREE-STANDING SIGN. GENERALLY LOCATED AT 6881 HIGHWAY 65 N.E.• Ms. Dacy, Community Development Director, stated that this request is for a variance to increase the maximum square footage of a sign � from 3 square feet to 84 square feet. She stated that approval of the variance would allow the petitioner to replace the sign faces of the existing free-standing sign. 57 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 19, 1992 PAGE 8 � Ms. Dacy stated that the Appeals Commission unanimously recommended approval with two stipulations, as outlined in staff's memorandum of October 15, 1992. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and grant Variance Request, VAR #92-20, with the following stipulations: (1) the variance shall remain in effect until: (a) the sign is altered in any way except for the routine maintenance and change of inessages which makes the sign less in compliance with the requirements of this Chapter than it was before the alterations; (b) the supporting structure of the sign is replaced or remodeled; (c) the face of the sign is replaced or remodeled; (d) the sign becomes dilapidated or damaged, and the cost of bringing it into compliance is more than 50 percent of the value of said sign, at which time all of the sign and its structure be removed; and (e) notwithstanding "a" above upon the change of the name of the business being displayed on the sign; and (2) the "panned" area of the sign face shall not exceed 80 square feet. Seconded by Councilwoman Jorgenson. Councilman Billings stated that under Stipulation la, the language is taken out of the City Code Chapter 214. He suggested eliminating the word "this" and adding the words "Chapter 214 of the Fridley City Code." � MOTION by Councilman Billings to amend the above motion by striking the word "this" in line three of Stipulation la and adding 11214 of the Fridley City Code" after the word "Chapter." Seconded by Councilman Schneider. Upon a voice vote, all voting 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. 8. EXTENSION OF A VARIANCE RE9UEST, VAR #90-30. TO REDUCE THE SIDE YARD SETBACK FROM 17.5 FEET TO 4.5 FEET; AND EXTENSION OF A SPECIAL USE PERMIT REOUEST, SP #90-07, TO ALLOW A SECOND ACCESSORY BUILDING IN EXCESS OF 240 SOUARE FEET, BY PATRICK AND RITA BOYLE, 6261 RAINBOW DRIVE N.E.: MOTION by Councilman Billings to extend the time period of Variance Request, VAR #90-30 and Special Use Permit 12equest, SF #90-07 to November l, 1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. AWARD CONTRACT FOR CONSTRUCTION OF STONYBROOK CREEK DIVERSION PROJECT NO. 229° � MOTION by Councilman Fitzpatrick to award the contract for the Stonybrook Creek Diversion Project No. 229 to the low bidder, Park Construction in the amount of $99,265.00. Seconded by Councilwoman 58 FRIDLEY CITY COUNCIL MEETING OF OCTOSER 19, 1992 PAGE 9 � Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslye 10. RESOLUTION NO. 83-1992 ENTERING INTO AN AGREEMENT WITA THE STATE OF MINNESOTA TO PROVIDE TUITION REIMBURSEMENT TO THE CITY OF FRIDLEY FOR TECHNICAL CERTIFICATION TRAINING: Mr. Flora, Public Works Director, stated the Minnesota Department of Transportation has required that all persons inspecting the construction of State Aid Streets be certified by the State. He stated that the certification consists of attending review courses offered by various local technical colleges in the area, and the State has agreed to reimburse municipalities for the tuition costs associated with taking the required courses. He stated that the Couttcil needs to pass this resolution in order for the City to receive reimbursement from the Stateo MOTION by Councilwoman Jorgenson to adopt Resolution No. 83-1992. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RESOLUTION N0. 84-1992 CONFIRMING ASSESSMENT FOR 1992 SERVICE CONNECTIONS• � MOTION by Councilman Schneider to adopt Resolution No. 84-1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. RESOLUTION NO. 85-1992 CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. ST. 1991 - 1& 2: MOTION by Councilwoman Jorgenson to adopt Resolution No. 85-1992. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RESOLUTION NO. 86-1992 CERTIFYING CERTAIN DELINQUENT UTILITY SERVICES TO THE COUNTY AUDITOR FOR COLLECTION WITH THE 1993 TAXES: MOTION by Councilman Fitzpatrick to adopt Resolution No. 86-1992. Seconded by Councilman Schneider. Councilman Billings asked if these properties become tax delinquent and forfeited to the State, if the City recovers these monies that are due. Mr. Pribyl, Finance Director, stated that these charges are included in the taxes, but he would have to check into this question further. � Councilman Billings asked if the City has a policy to disconnect water service if the property owner is delinquent on paying their bill. 59 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 19, 1992 PAGE 10 ' Mro Pribyl stated that the City does not have a policX to disconnect the water when property owners are delinquent. Councilman Billings asked how many of these properties are single family residential or rental versus commercial establishments. Mr. Pribyl stated that at this time he did not know, but this information could be obtained for the Council. He stated that it could also be determined how many more certifications are involved this year compared to previous years. Councilwoman Jorgenson stated that she would also be interested to know which properties repeatedly do not pay their water bill. Councilman Billings stated that this delinquent list seems to be getting larger, and while he does not advocate shutting off people's water, he questioned what would happen if alI property owners in the City decided to withhold payment until charges are certified as delinquent. He felt that the Council should be looking at this situation for evaluation. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. � 14. RESOLUTION N0. 87-1992 CERTIFYING CERTAIN CHARGES TO THE COUNTY AUDITOR TO BE LEVIED AGAINST CERTAYN PROPERTIES FOR COLLECTION WITH THE TAXES PAYABLE TN 1993 (WEEDS): MOTION by Councilman Schneider to adopt Resolution No. 87-1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. APPROVE 1993 TAX INCREMENT/SCHOOL LEVY AGREEMENTS: Mr. Pribyl, Finance Director, stated that these are annual agreements for the return of referendum levies to the school districts for the tax increment collected by the Housing and Redevelopment Authority. He stated that there are agreements for School Districts 11, 14, and 16, and the agreement for School District 13 is being held until the tax situation with Lake Pointe is resolved. Councilman Schneider stated that he does not agree with wzthholding the agreement with School District No. 130 Mr. Pribyl stated that the agreement with School District No. 13 was held to see what would occur with the taxes and penalties on the Lake Pointe property. � MOTION by Councilwoman Jorgenson to approve agreements wlth all four of the School Districts, 11, 14, 16, and 13, to receive their portions of the tax increment. Seconded by Councilman Schneider. � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 19. 1992 PAGE 11 � Councilman Schneider stated that at the Council's work session this matter was discussed, and he felt there was a consensus to return all the funds. He stated that staff's and the Housing and Redevelopment Authority's recommendation was to withhold the funds. Mr. Pribyl stated that it was not the intent to retain the monies but to wait until there is resolution of the Lake Pointe issue. Councilman Billings stated that only three agreements are submitted this evening, and he could not support the motion for the four agreements when he has not seen the other agreement, Mr. Pribyl stated that the only difference in the agreements are in the referendum levies speciPic to the school district. He stated that the schedule provides an estimate, but there are no specific dollar amounts until the payments are made. MOTION by Councilman Schneider to amend the above motion to approve the agreements with School Districts No. 11, 14, and 16, and direct staff to draw up an agreement for School District No. 13 similar in language, content, and structure with the agreements for School Districts No. 11, 14, and 16, and to authorize the Mayor and City Manager to sign this agreement, along with the other three agreements, which would return the funds to all four school � districts. Seconded by Councilwoman Jorgenson. Councilman Billings stated that he felt it was appropriate to approve the three agreements before the Council this evening but inappropriate to pass motions to distribute Housing and Redevelopment Authority funds contrary to the wishes of the HRA, Ms. Dacy, Community Development Director, stated that because of the Lake Pointe issue, there is a problem in the calculation. She stated that the issue was not that the Housing and Redevelopment Authority did not want the school district to receive their money, the issue was the penalties and interest. She stated that the manner on how this would be calculated has still not been resolved. She stated that the HRA wanted to review this in detail after the Lake Pointe closing. She stated that in terms of timing, there is no deadline, as these monies are for the school district°s budget next year. Councilman Schneider asked what staff's recommendation was to the Housing and Redevelopment Authoritya Ms. Dacy read from the draft of the HRA minutes that Mr. Burns stated that the Housing and Redevelopment Authorrty could approve tax increment returns to School Districts No. 11, 14, and 16 but withhold District No. 13. � Councilman Schneider stated that this is contrary to the Council's policy. � � � 61 FRIDLEY CITY COUNCIL MEETING OF OCTOSER 19. 1942 PAGE 12 Councilman Billings stated he did not think that the Council reached a consensus on this issue or that they were polled. He stated that he did not believe there ever was a policy regarding this issue. Councilman Schneider stated that the Council was polled. He stated that Councilwoman Jorgenson and Mayor Nee agreed, but he was not sure of Councilman Fitzpatrick's opinion. Councilman Schneider stated that in any event, he felt it was unfair to single out School District No. 13, and he did not believe this is what the majority of the Council wanted. Mayor Nee stated that he does not want to withhold monies from School District No. 13, but he agrees with Councilman Billings tfiat it is contrary to the wishes of the Housing and Redevelopment Authority. He stated that it appears there is a staff problem. He stated that he would like a motion to table this item. Mr. Herrick, City Attorney, stated that he did not think payment could be made to the school districts until the Housing and Redevelopment Authority approves. He stated that regardless of what action the Council'takes this evening, he believes this still has to go back to the Housinq and Redevelopment Authority. Councilman Schneider stated that there is an issue here, and the question is if the Council was polled, and he believes it was polled. Mr. Pribyl stated that it was not staff's intent to withhold the agreement with School District No. 13, but to wait until they could actually see the impact of Lake Pointe. He stated that it never was the City Manager's intent to withhold an agreement with School District No. 13. He stated that all four agreements were submitted to the Housing and Redevelopment Authority, and in conversations with the development consultant, Mr. Casserly, the agreement with School District No. 13 was held. Mayor Nee stated that he understands the Housing and Redevelopment Authority adopted a motion for the agreements with School Districts No. 11, 14, and 16. Councilman Schneider stated that this was based on the Housing and Redevelopment Authority's belief that this was the Council's recommendation. Mr. Pribyl stated that in the agenda of the Housing and Redevelopment Authority, the City Manager included the agreements with all four school districts, and only after discussion at the meeting was School District No. 13 held for future clarification. 62 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 19, 1492 PAGE 13 � Ms. Dacy stated that the City Manager has been clear that the Council's position is to return funds to all four school districts. Mr. Pribyl stated that all direction �rovided to him by the City Manager has included a11 four school districts, MOTION by Councilwoman Jorgenson to table this item until there are agreements submitted for all four school districts, Seconded by Councilman Schneidere Upon a voice vote, all voting ayea Mayor Nee declared the motion carried unanimouslyo 16. NOMINATIONS TO THE BOARD OF MANAGERS OF THE RICE CREEK WATERSHED DISTRICT: Mayor Nee stated that the Board of Managers of the Rice Creek Watershed District has requested Council to submit the names of persons to serve on the Board of Managers of the Rice Creek Watershed District. He stated that Ann Bolkcom, Wade Savaqe, and Sid Inman have agreed they would be willing to serve, if nominated. MOTION by Councilman Schneider to notify the Rice Creek Watershed District Board of Managers that the Council nominates the following three persons to be considered for appointment to the vacancy on the Rice Creek Watershed District's Board of Manaqers: Ann � Bolkcom, Wade Savage, and Sid Inman. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. INFORMAL STATUS REPORTS: Mr. Hill, Acting City Manager, stated that there were no informal status reports. 18. CLAIMS: MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 45767 through 46049. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. LICENSES• MOTION by Councilman Fitzpatrick to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � � 63 ERIDLEY CITY COUNCIL MEETING OF QCTOBER 14 Y992 PAGE 14 20. ESTIMATES• MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Blvd. Coon Rapids, MN 55433 Statement for Services Rendered as City Attorney for the Month of September, 1992 . . . . . . Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Statement for Services Rendered as City Prosecuting Attorney for the Month of September, 1992 ... Halvorson Construction Co., Inc. 1345 - 157th Avenue N.E. Anoka, MN 55304 . . . . $ 4,448.3D . . $ 9,948.75 Miscellaneous Concrete Curb, Gutter & Sidewalk Project No. 231 Estimate No. 5 . . . . . . . . . . . . . . . $ 7,179.39 Northwest Asphalt, Inc. 1451 County Road 8 Shakopee, MN 55379 1992 Street Improvement Project No. ST. 1992 - 1& 2 Estimate No. 3 . . . . . . . . . . e . . . . $202,062.68 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslye ADJOURNMENT: MOTION by Councilwoman Jorgenson to ad�ourn the meeting. Seconded by Councilman Schneider. 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 19, 1992 adjourned at 9:05 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor