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