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09/13/1993 - 00005187� � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 13, 1993 The Regular Meeting of the Fridley City Council was called to order at 7:35 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, and Councilman Schneider MEMBERS ABSENT: Councilman Fitzpatrick PRESENTATION OF PROCI�AMATION: CITIZENSHIP DAY: SEPTEMBER 17, 1993 CONSTITUTION WEEK: SEPTEMSER 17 - 23. 1993: Mayor Nee read and Day, September 17, 1993. Ae invited commemoration. issued a proclamation proclaiming Citizenship 1993 and Constitution Week, September 17-23, every citizen and institution to �oin in this APPROVAL OF MINUTES: COUNCIL MEETING, AUGUST 16, 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 AGE�DA: MOTION by Councilman 5chneider to adopt the agenda as submitted. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: MS. BARBARA SYKORA REPRESENTING CONGRESSMAN ROD GRAMS' OFFICE: Ms. Sykora thanked the Council for the opportunity to speak to them this evening. She stated that Congressman Grams sponsored a Town Hall meeting which was held in these Council Chambers. She stated that this facility was a wonderful place to hold such a meeting, and she thanked the Council for their hospitality. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13. 1993 PAGE 2 � Ms. Sykora stated that Congressman Grams desires to work with local city officials and that he is interested in Council's concerns. She stated that she understands the state probably addresses most of the City's needs; however, there may be times when the City would be helped at the federal levele She stated that Congressman Grams has a staff of seven in Anoka, and they would do their best to assist the City. Mayor Nee stated that City staff has prepared some comments for Congressman Grams to consider. Ms. Dacy, Community Development Director, stated that most of Fridley's housing stock is aging. The Housing and Redevelopment Authority and the City Council have initiated several new nousing programs. She stated that federal funding is a key part of this strategy, and about two-thirds of the Community Development Slock Grant allocation is for the single family rehabilitation program. She stated that HOME funds are also being used for single family rehabilitation efforts. She stated that mortgage revenue bond financing is an important part of this strategy, and financing is available to first time home buyers through the MHFA. Ms. Dacy stated that the Section 8 program serves 165 households in Fridley, and the HUD rental grant program was discontinued. She understands the HOME proqram was to replace that effort. She stated that some ' of the regulations are difficult to track for a small Housing and Redevelopment Authority like the one in F'ridley. Ms. Sykora stated that she is not a housing expert, but there is someone in their office that deals specifically with housinq. She stated that Congressman Grams is supportive of programs that will allow people to buy rather than to rent. She stated that she is not very familiar with the HOME program and will get back to the City on this item. She stated that if the City would like them to check on specific grants, they would be happy to do so. Mr. Flora, Public Works Director, stated that the City has been working with the Navy to identify the water purification process to be used on their site. He stated that a number of letters have been written to the Navy representative and the Department of Natural Resources in an attempt to resolve the issue about the distribution of the water to the City. He stated that the City has not received any response. It is believed that the water should be used by the City, and the City would like assistance in gettinq this issue resolved with the Navy. Ms. Sykora stated that she has spent a considerable amount of time on this issue durinq the last several weeks. She submitted a copy of a letter she received from the Navy. She stated that the Navy's point of view is that they believe they are only one of several � parties responsible; the other is FMC. Ms. Sykora stated that the Navy is doing everything required of them at this time. However, additional cleanup would be very costly, and costs would increase FRZDLEY CITY COUNCIL MEETING OF SEPTEMHER 13, 1993 PAGE 3 � to operate such a facility once it was in place. She stated that there really was no response regarding the point that they may be depleting the aquifer. She stated that the Navy wants an amenable solution; however, there really has been no dialoque between the Navy and City officials. Ms, Sykora stated that if the City desires a meeting with the Navy, they would try to facilitate such a meeting. Mayor Nee stated that the City hates to have good water dumped into the Mississippi River. Counailwoman Jorgenson stated that the City had meetings three years ago with the Navy where they pointed out they would be dumping the equivalent of the City's winter water consumption of one to two million gallons of water per day into the river. The City has tried to work with them on this issue, Ms. Sykora felt that it was important to relate this information to the Navy when the City meets with them. Mr. Hunt, Assistant to the City Manager, stated that regulations in the Fair Labor Standards Act concerning pay for volunteer firefiqhters have had a tremendous impact on the City. He stated that since 1990, the City has had to pay overtime for volunteer � firefighters that work for the City. He stated that this regulation makes it very difficult for the City to recruit its own employees for this important job because the City has to pay volunteer firefighters, who are employed with the City, the same rate for overtime as their full-time position wrth the City. He felt that this could be settled easily by several changes zn the regulations. He hoped that Congressman Grams' staff could work with the City on triis issue. Ms. Sykora stated that this was the first she was aware of this issue. She stated that it does not make much sense_ She wi11 inform Congressman Grams of this problem and get back to the City. Mayor Nee stated that he has a concern with the legislation that established federal regulation of critical areas along the Mississippi River. He stated that he has written to representatives in the metropolitan area that he did not feel evidence supported that the Federal Government take over jurisdiction of the river, at least north of Mintteapolis. He stated that all cities north of Minneapolis have been very responsible in their development along the Mississippi River. He stated that his concern is pre-emption of local jurisdiction for no good reason. He stated that in talking with Mayors and City Councils in other northern communities, they all have the same feelinq. Mayor Nee stated that he hoped Congressman Grams would � be alert to the Department of the Interior and Park Service's intrusion on local jurisdictions as it relates to land use. He stated that the land in Fridley was developed before these � � � L� FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13. 1993 PAGE 4 standards were initiated, and a larqe part of the non-conforming uses. He stated that there are problems in having the Department of the Interior of Natural Resources having a veto power over the in that area along the river. He stated that Congressman Grams to be aware of these concerns. r2S1d2nC25 are all kinds of and Department City�s actions he would like Ms. Sykora asked if the City's concerns have been made known to the coordinator. Mayor Nee stated that he is a member of the committee, and he keeps getting outvoted. He stated that his concern is the intrusion on local governmental jurisdictions. He thought that other cities might feel the same way. Ms. Sykora stated that written testimony was due on this plan by September 10. Congressman Grams' suggestion was that action be delayed until there is an economic study to evaluate the economic impact. Mayor Nee stated that it is really an impact on residences in communities north of Minneapolis. He stated that Fridley does not have any economic development on the river, but it involves the residents' use of the property along the river. Ms. Sykora stated there is a great deal of concern about the possibility of having a trail system along the entire length of the river. She stated there were a number of problems brought to their attention concernzng the bridges. She stated that the plan is out there, and the battle needs to be fought now. Councilman Billings stated that the Department of the Interior had a person working out of the Denver office draw this plan. He stated that it appears the plan does not have a lot of history on what is happening along the Mississippi corridor. He stated that from the hearings, he felt the plan is not necessarily the intent of the committee, and is very ambiguous and open ended. He stated that once the committee no longer exists, the only persons to interpret it would be the Department of the Interior staff. He stated that it is so loosely drawn it becomes a bureaucratic tool for the Interior Department. He felt that the plan needed a lot of work, and many cities along the entire corridor have significant probiems with it. He stated that the intent of the authors was very good, but from a practical standpoint, it could be devastating for every city that borders the Mississippi River. Councilman Schneider stated that with regard to the aging housing stock, Fridley is at a pivotal point in history where the quality of housing is declining. The Council has established this as a top � priority to make sure they do not have a downward spiral in housing. He stated that this is an area where the City needs Congressman Grams' support. � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 1993 PAGE 5 Councilwoman Jorgenson stated that there was a recent domestic abuse case in Fridley where the husband shot his former girlfriend and then killed himsel£. She stated that the increased amount of crime with weapons is becoming dramatic, and she is very concerned. She stated that Minnesota is working on passing a bill similar ta the Brady bi1L She would like the easy accessibility of guns addressed and the laws relating to domestic violence strengthened. Ms. Sykora thanked Council and staff for their comments and promised to get a reply from Congressman Grams as soon as possible. PUBLIC HEARINGS: l. PUBLIC HEARING TO AMEND REDEVELOPMENT PROJECT AREA AND CREATE TAX INCREMENT DISTRICT NO. 13: MOTION by Councilman Schneider to waive the readiny of the public hearing notice and open the public hearing. Seconded by Councilman Billings. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the public hearing opened at 8:12 p.m. Ms. Dacy, Commuttity Development Director, stated that this public hearing is to amend the redevelopment plan and create Tax Increment � District No. 13 for a parcel at the corner of 51st Way and Industrial Boulevard. She stated that ECO Finishing, Inc. is proposing to construct a 29,OD0 square foot manufacturing facility. She stated that this business is a metal plating �ob shop which employs eighty people. She stated that with the addition, there will be thirty new employees with the possibility of up to eighty employees in the next five years. Ms. Dacy stated that ECO has requested assistance from the Housing and Redevelopment Authority in the amount of $83,000 on a pay-as- you-go basis, Ms. Gustafson, of the Bridgewater Financial Group and representing ECO Finishinq, Inc., stated that this facility is for a plating �ol� shop. She stated that the company currently has five hundred customers that they service throughout the metropolitan area. She stated that this site in Fridley is most centrally located to serve their existing customers. She stated that the total cost of the pro�ect is $2,500,000. She stated that in order to facilitate the cash flow in the first years of the business, ECO is requesting tax increment financing from the City. she stated that the company would purchase 4.75 acres on this site, which is more than their present need, with the intent to expand the facility in the future. Councilwoman Jorgenson asked if there would be a loss in local � government aid with the creation of this tax increment district. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13. 1993 PAGE 6 1 Mr. Burns, City Manager, stated that he believed the loss would be about $9,000 per year, but the �ax benefit would be about $28,000 to $29,000 per year in taxes and almost $254,000 over the life of the district. Councilman Schneider asked what the current taxes are on this parcel. Ms. Gustafson stated that taxes payable in 1993 are about $23,000. She stated that when the pro�ect is complete, the taxes would be about $65,000. She stated that even though there is a loss of about $9,000 in local government aid, the tax increase on this parcel would be $35,000 to $40,D00. Councilwoman Jorgenson stated that trie City would be losing local government aid by creating this tax increment district. Councilman Billings stated that although the City would be losing $9,000 in local government aid, about $28,000 would be gained in taxes or $254,000 over the life of the district, and $83,000 in assistance would be given towards the project. He stated that the HRA would be ahead and, once the nine year district is completed, the taxes would be divided between the city, school district, and county. He felt that the City had to look at the entire picture. � Councilman Schneider stated that if money is beinq lost every year on tax increment districts, eventually those funds have to come from somewhere. The question is does the City support private development with property taxes? He stated that this pro�ect makes good sense, but he questions how other projects may affect the City. He stated that he believes the legislature is sending the message not to create tax increment districts. If this is done, it is going to be expensive. Mayor Nee stated that there was an article in the newspaper several weeks ago about a plating firm that dumped corrosives in the ground and then went bankrupt. He asked how ECO would handle hazardous waste, Mr. Rosenblum, representing ECO Finishing, Inc., stated that their business is regulated by several agencies with overlapping authority. It would not be possible to stay in business unless they meet these agencies' regulations regarding hazardous waste. He stated that they will need sewer permits from the Metropolitan Waste Control Commission, and hazardous waste permits from the county and the Pollution Control Agency. He stated that OSHA has to approve all their permits before they open. He stated that up to ninety percent of their water will be recycled. It will really be a state-of-the-art design. � Councilman Billings stated that Fridley has more industrial property than any other city in Anoka County. He stated that one FRIULEY CZTY COUNCIL MEETING OF SEPTEMSER 13, 1943 PAGE 7 � of the reasons property taxes are low in Fridley is because it takes a qood mix of industrial, commercial, and residential properties to provide a stable and sound community. He stated that with the tremendous amount of land in rural Anoka County, there are more attractive sites available to developers than sites in Fridley. He stated that if the City wants to maintain its tax base, there has to be some investment in the community. He stated that funds have been invested to rehabilitate the housing. In order to attract people to live in Fridley, there also needs to be jobs. He felt that industrial property provides the greatest return on the City's investment. No other persons in the audience spoke regarding this proposed amendment to the redevelopment project area and creation of Tax Increment District No. 13. MOTION by Councilman Sillings to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing olosed at 8:34 p.m. 2. PUBLIC HEARING ON THE 64TH AVENIIE STORM WATER PROJECT NO. 26Q: MOTION by Councilman Schneider to waive the readinq of the public � hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the public hearing opened at 8:35 p.m. Mr. Flora, Public Works Director, stated that the City received a petition for this storm water project which contained 21 signatures. He stated that since the petition was received, Mrs. Zimmerman, 1376 Mississippi Street, has requested that her name be withdrawn. He stated, therefore, che petition now only represents 49 percent of the properties involved. Mr. Flora stated that there are several options for this pro7ect. He stated that one option is to install a pipe from Mississippi Street to the Central Avenue culvert with a detention pond by Mississippi Street. He stated that another option is to install p�pe from Mississippi Street to Central Avenue and construct a surge area in the Harris Pond ditch. Mr. Flora stated that the estimated cost is approximately $94,000. If there was a small surge area in the Harris Pond ditch, it is estimated it would cost an additional $7,OD0. He stated that $41,00o would be paid by the affected property owners, and $G0,000 would come from government funds. � Mr. Flora stated that if this project was constructed, the City could amend their contract with Kenko, Inc. to incorporate the catch basins on 64th Avenue and the storm water pipe on Central FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 1993 PAGE 8 � Avenue. He stated that the additianal culvert down from Mississippi Street, and the surge area could be constructed at a later date. Mr. Flora stated that mailings of this hearing were not sent to the residents in the neighborhood. In order to make sure everyone is noti£ied, he suggested that this public hearinq be continued to September 27. Councilman Schneider asked about the options for the Council to proceed with this pro�ect if fifty percent or more of the affected proparty owners did not sign the petition. Mr. Herrick, City Attorney, stated that under Chapter 429 of the code, if the Council receives a petition where less than fifty percent o£ the affected property owners have signed, it takes a four-fifths vote of the Council to order a project. He stated that if there is a petition signed by more than fifty percent of the affected property owners, it takes a ma�ority vote of the Council to order a pro7ect. Mr. Schwartz, 1372 64th Avenue, stated that he was not aware of any plan to widen the ditch located on the City property, but it may help the drainage. He presented a video of the culvert under 1 Central Avenue showing how the ditch backs up with a one-incn rainfall. He stated that there are supposedly six detention ponds in the Rice Creek development that release water from that area onto his property. He stated that the detention ponds do not work. Since the ditch has been filled on the south side of 64th Avenue, water has been backing up onto his propertya He stated that if something is done he is concerned that it be the right approach and not 7ust moving water from one place to another. Mr. Schwartz stated that another concern is the cost of the project. He felt that much of the water comes from other developments, such as the one north of Mississippi Street. All of that water is dumped between 64th Avenue and Mississippi Street. He felt that the water from the Harris Pond development should have been pumped north to the creek. He requested that the City use monies from the storm water fund for this project, Councilman Schneider asked Mr. Schwartz how much he has paid for storm water control. Mr. Schwartz stated that he has not paid anything. Councilman Schneider stated that most residents in the City have contributed to the storm water fund. He stated that everyone should be paying their fair share for storm water control. He stated that some of Mr. Schwartz's problems may come from � development around his property, as that is the case for almost every property in the City. FRIDLEY CITY COUNCIL MEETING OF 6EPTEMBER 13, 1943 PAGE 9 � Mr. Flora stated that the original proposal was for a detention pond below Mississippi Street, and now a buffer pond is suggested on the two lots the City owns to make a storage or detention area. Councilwoman Jorgenson stated that part of Mr. Schwartz's concern was that the water would end up in his back yard. Mr. Flora came up with the idea of a detention pond to try to alleviate the problem. She stated that Council is trying to address Mr. Schwartzes concerns on this issue. Councilman Schneider asked Mr. Schwartz's view of the project with this change. Mr. Schwartz felt that it would probably work. Mayor Nee asked M�. Schwartz if he signed the petition for this improvement project. Mr. Schwartz stated that he did not sign the petition. Mr. Schwartz stated that a lot of people in the neighborhood believe there is a problem, but they have a hard time believing they are part of the pro�lem. He submitted a petition requesting the Council not assess the properties but instead use monies from the storm water fund for this pro�ect. MOTION by Councilman Schneider to receive this petition submitted � by Mr. Schwartz. Seconded by Councilman Billings. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. In raviewing the petition, it was noted that this petition contained wording that five persons who signed the original petition in favor of this improvement requested their names to be withdrawn. Mr. Schwartz stated that this was not the intent of his petition. Mr. Nelson, 1357 64th Avenue, stated that he would encourage Council to delay a vote on this pro�ect until the next Council meeting. He stated that he never wanted to misrepresent himself or the statements made when he circulated the original petition Por this improvement. He stated that because a letter had not been sent regarding the public hearing, he would appreciate if the residents would be notified. He stated that he would be willing to circulate the petition again to try and obtain additional signatures. Councilwoman Jorqenson stated that there are property owners who signed Mr. Schwartz's petition and also Mr. Nelson's petition. Mr. Herrick, City Attorney, stated that it seems five persons want � their name taken off the petition, and Mr. 5chwartz has stated that was not the intent. He felt that it would be helpful to the City if some of this ambiguity could be cleared up between now and the � � � FRIDLEY CITY COONCIL MEETING OF SEPTEMBER 13, 1993 PAGE 10 next Council meeting, He stated that if someone signs a petition and then asks that their name be removed, this could be done before the Council takes action. Mr. Nelson stated that he was disappointed with Mr. Schwartz's petition, as it took individuals twenty to thirty hours to obtain the signatures on the original petition. He stated that he could obtain the signatures again, but an easier solution would be for Mr. Schwartz to withdraw his petition. Mr. Herrick stated that a clarification is needed from the five property owners who signed Mr. Schwartz's petition. Mrs. Schwartz, 1372 64th Avenue, stated that there were some errors in the original petition and that some homes that would be assessed were left off. Mrs. Schwartz asked about the detention pond and if trees would be removed. Mr. Flora stated that some trees would be removed to obtain an area where a volume of water can be stored. He felt that the best location Por the detention pond would be where the depression exists and where it could be reshaped. Mrs. Schwartz stated that unless this area is dug out, it would not solve any of the water problems. Mr. Flora stated that it is proposed to widen the ditch from 6 feet to 5o feet and increase the length by hundreds of feet in order to obtain storage capacity. Mrs. Schwartz asked how much would actually be dug out, as this would definitely sway how she would feel about the projeot. She stated that just clearing out what is there now would not do anything. She stated that there has to be more holding capacity. Just clearing out the trees would not accomplish this end. Mr. Flora stated that until they survey it, he does not know how much would be duq out. Mrs. Schwartz asked what would happen if the project was done and it does not work. She stated that she would not want to be assessed again for fixing it. Mayor Nee stated that for the most part, if there is a mistake made by the City on the pro�ects the City has completed, they would try to fix it. Mrs. Schwartz felt that the Rice Creek and Harris Pond developments created part of this problem. She felt that other properties should also be assessed, � � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13 1993 PAGE 11 Councilman 5chneider stated that these properties in the Rice Creek and Harris Pond developments have been assessed. It comes back to the question if they would be assessed again if something does not work. Mrs. Schwartz felt that the whole thing was piecemeal. Only one small section is being considered, and that will impact another area. Councilman Schneider stated that storm water issues are very difficult to address, and no one wants to pay, He stated that there have been water problems in this area for many years. He stated that Mr. Nelson did a tremendous job in the neighborhood trying to get this problem resolved, Mrs. Schwartz stated that their problem is not from rain water on 64th Avenue but with water coming from the north and Harris Pond area. She felt that th�s had to be a fair project for everyone so it does not flood more people on the south side of 64th Avenue. Councilwoman Jorgenson stated that the City cannot give final design standards at this point. She stated that Council is trying to address the issues, and the detention pond is a new proposal. She stated that the City would not hire an engineering firm to go look at the pro�ect without first knowing if they have a pro�ect. Councilman Schneider stated that the intent of having such a project is to make it work. He stated that if it does not work, the City would have to go back and fix it. Ms. Kowski, 6391 Central Avenue, stated that she spent several hours working on the original petition for this improvement. She stated that there are property owners who stated that this did not affect them, but that is what is wrong krith this world. She stated that she has to replace a furnace because of the water problems. She felt that everyone in the City should be assessed for storm water control because this pro�ect is needed. Mr. Schwartz, 1372 64th Avenue, stated that he wished to withdraw his petition because certain wording contained in the petition has changed the intent. He stated that the intent of the petition was for the pro7ect to be paid out of the storm water fund. MOTION by Councilman Schneider to return the petition as requested by the submitter, Mr. Schwartz. Seconded by Councilwoman Sorgenson. Upon a voice vote, Councilman Schneider, Councilwoman Jorgenson and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried. Councilman Billings stated that there are a number of other signatures on that petition, not only the person who submitted it. This is his reason for not supporting the motion. FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 13, 1993 PAGE 12 � Mr. Schwartz stated that his intent was not to kill the pro�ect, but to ask that it be paid for out of storm water funds. Councilman Billings asked if some of the properties on the south side of 64th Avenue have standing water hours or days after a rainfall. Mr. Flora stated that some of the properties do have standing water. Councilman Billings asked if this was due to the fact that those properties are below the elevation of the ditch. Mr. Flora stated that it is due to the high water table, and that there is a raised culvert under Central Avenue so the drainage is not the best. He stated that there is also a wetland in that area. Councilman Billings stated that this pro�ect would not insuze that every one of those properties on 64th Avenue would be dry. Mr. Flora stated that was correct; however, the water north of Mississippi Street would no longer run across the properties. He stated that the detention pond deals with the baok yards and gives a"bounce" area so that the water can go through the pipe under � Central Avenue. He stated that there would be water on the property in the low areas. MoTI�N by Councilman Schneider to continue this public hearing to the September 27, 1993 Council meeting and urge those affected to attend this meeting. Seconded by Councilwoman Jorgenson. upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OLD BUSINESS: 3. SECOND READING OF AN ORDINANCE UNDER SECTION 12.D6 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF: MoTION by Councilman Billings to table this item. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. ORDINANCE NO. 1017 RECODIFYING THE FRIDLEY CTTY CODE, CHAPTER 205, ENTITLED "ZONING," SY AMENDING SECTIONS 205.07.06, 205.08.0G, 205.09.07, AND 205.10.06, AND RENUMBERING THE REMAINING SECTIONS CONSECUTIVELY: MoTION by Councilman Schneider to waive the reading and adopt � Ordinance No. 1017 on the second reading and order publication. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. - ----------------------------- --- � � � FRIDLEY CITY COUNCIL MEETTNG OF SEPTEMBER 13, 1993 PAGE 13 NEW BUSINESS: 5. APPOINTMENT: CITY EMPLOYEE: MOTION by Councilman Schneider to concur with the following appointment by the City Manager: Starting Starting Name Position Salarv Date Michael Liquor $39,358.80 Aug. 24, Larson Operations per year 1993 Manager $3,279.90 Exempt per month Seconded by Councilwoman Jorgenson. Replaces Kathleen Schmitz Mr. Burns, City Manager, stated that he is pleased to recommend Mr. Michael Larson for appointment as Liquor Operations Manager. He stated that Mr. Larson is a graduate of Fridley High School and has worked since 1986 in the Fridley liquor s�ores, He stated that Mr. Larson is also a Fridley Pirefighter. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 6. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 102, ENTITLED "POLICE," BY AMENDING SECTION 102.03: MOTION by Counoilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RESOLUTION N0. 58-1993 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMI5E PERMIT TO FRIDLEY JAYCEES (SANDEE'S RESTAURANT): MOTION by Councilman Schneider to adopt Resolution No. 58-1993, Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RESdLUTION NO. 59-1993 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TQ FRIDLEY JAYCEE5 (JOE DIMAGGIO'S RESTAURANTI: MOTION by Councilman Schneider to adopt Resolutlon No. 59-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carrled unanlmously. � � ' FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13 1993 PAGE 14 9. APPROVE SUNK YARD LICENSE RENEWAL FOR SAM'S AUTQ BODY PARTSe MOTION by Councilman Schneider to concur with staff's recommendation and issue a license renewal for Sam's Auto Parts through April 30, 1994. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RECEIVE THE MINUTES OF THE CABLE TELEVISION COMMISSION MEETING OF JULY 28, 1993: MOTION by Councilman Schneider to receive the minutes of the Cable Television Commission Meeting of July 28, 1993. 5econded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider requested that staff schedule an informal discussion regardinq funds requested by other bodies. 11. RECEIVE THE MINUTES OF THE PZANNING COMMISSION MEETING OF AUGUST 11, 1993' A. ESTABLISH A PUSLIC HEARING FOR SEPTEMBER 27, 1993, FOR A PRELIMINARY PLAT REOUEST, P.S. #93-03, BY OLIVER TAM, TAM ADDITION. TO REPLAT PROPERTY GENERALLY LOCATED AT 1160 FIRESIDE DRIVE N.E.: MOTION by Councilman Schneider to set the public hearing on this Preliminary Plat Request, P.S. #93-03, for September 27, 1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. ESTASLISH A PUBLIC HEARING FOR SEPTEMBER 27. 1943, FOR A REZONING REQUEST. ZOA #93-01, BY OLIVER TAM, TO REZONE PROPERTY FROM C-3, GENERAL SHOPPING CENTER, TO R-3, MULTIPLE DWELLING, ON PROPERTY GENERALLY LOCATED AT 1160 FTRESIDE DRIVE N.E.' MOTION by Councilman Schneider to set the public hearing on this Rezoning Request, ZOA #93-01, tor September 27, 1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion aarried unanimously. FRIDLEY CITY CQUNCIL MEETING QE SEPTEMBER 13, 1993 PAGE 15 � C. ESTABLISH A FUBLIC HEARING FOR SEPTEMBER 27, 1993, FOR A VACATION RE4UEST, SAV #93-03, BY THE CITY OF FRIDLEY TO VACATE ALL EASEMENTS AS DONATED AND DEDICATED TO THE PUBLIC FOR DRAINAGE AND UTILITY PURPOSES AND AS SHOWN ON THE RECORDED PLAT OF SHOREWOOD PLAZA, AS CORRECTED BY SURVEYOR'S CERTIFTCATE FILES AS DOCUMENT N0. 176792, GENERALLY LOCATED AT THE INTERSECTION OF HIGHWAY 65 AND EAST MOORE LAKE DRIVE BETWEEN HIGHWAY 65 AND CENTRAL AVENUE. THE SUBJECT PARCELS INCLUDE THE EAST AND WEST MOORE LAKE SHOPPING CENTERS, THE NORTHWEST RACQUET SWIM AND HEALTH CLUB, AND SEARS OUTLET: MOTION by Councilman Schneider to set the public hearing on this Vacation Request, SAV #93-03, for 5eptember 27, 1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MQTION by Councilwoman Jorgensan to receive the minutes of �he Planning Commission Meeting of August 11, 1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. ESTASLISH A PUBLIC HEARING FOR SEPTEMSER 27, 1993, FOR A PRELIMINARY PLAT REQUEST, P.S. #93-02, BY THE CITY OF FRIDLEY TO REPLAT PROPERTY GENERALLY LOCATED AT THE INTERSECTION OF � HIGHWAY 65 AND EAST MOORE LAKE DRIVE, BETWEEN HIGHWAY 65 AND CENTRAL AVENUE: MOTIOPd by Councilman Schneider to set the public hearing on this Preliminary Plat Request, P.S. #93-02, for September 27, 1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider noted that the minutes reflected the opposite motion on the front yard requeste Ms. Dacy confirmed that the minutes are correct and the cover memorandum was in error. 13. RECEIVE AN ITEM FROM THE MINUTES OF THE APPEALS COMMISSION MEETING OF JULY 27, 1993: A. VARIANCE REOUEST. VAR #93-18, BY MARK AND LAURA INGESRIGTSEN, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 31.3 FEET: TO REDUCE TAE SIDE YARD SETBACK FROM 5 FEET TO 2.3 FEET; ALL TO ALLOW THE CONSTRUCTION OF A DOUBLE CAR GARAGE AT 5831 WEST MOORE LAKE DRIVE N.E.: Ms. Dacy, Communrty Development Director, stated that this is a request to reduce the front yard setback to 31.3 feet and the side � yard setback to 2.3 feet to allow for construction of a double garage at 5831 West Moore Lake Drive. She stated that the existinq detached garage will be removed and an addition is planned to the rear, as well as construction of a two car attached garage. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13. 1493 PAGE 16 � Ms. Dacy stated that the Appeals Commission recommended denial of the front yard variance and approval of the side yard variance. Mr. Ingebrigtsen, the petitioner, stated that he felt they have a hardship, as they would be losing the side entrance by attaching the garage rather than having the detached garage. He stated that there are two neighbors who have done the same thing, and he did not want �o have their garage door open all the time in order to have access. Mr. Burns, City Manager, stated that based on the aerial photo, it appears all the homes are uniform in distance from the street, and all conPorm to the required 35 foot setback. Councilman Schneider stated that if the other homes in the area all have a 35 foot front yard setback, he would be reluatant to grant this variance. He stated that if the other homes have had a variance, he would look at this request differently. Councilman Billings asked if the garage was located further back, if this would not accomplish the need to have an access but yet not require a variance. Mr. Ingebrigtsen stated that there is only 2,3 feet on that side � which is hardly enough room. Councilman Billings stated his point is that it is something that could work if there are no other alternatives. Mr. Ingebrigtsen asked if a sidewalk could be constructed to the lot line. Ms. Dacy stated that the code does not particularly address sidewalks, but the Tngebrigtsens could talk to the adjacent property owner to see if they had any ob�ections to installing a sidewalk to the lot line. Councilman Billings stated that he would be inclined not to support the front yard variance and table this portion of the variance until staff investigates if the other homes have a 35 foot front yard setback. MOTION by Couttcilman Schneider to cancur with the Appeals Commission and grant that portion of Variance Request, VAR #93-1&, to reduce the side yard setback from 5 feet to 2.3 feet. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councllman Schneider to table that portion of Variance � Request, VAR #93-18, concerning the front yard setback until the September 27, 1993 Council meeting and directs staff to investigate if other homes in the neighborhood have a 35 foot front yard FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13 1993 PAGE 17 � setback. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RECEIVE AN ITEM FROM THE MINUTES OF THE APPEALS COMMISSION MEETING OF AUGUST 31 1993: A. VARIANCE REOUEST VAR #93-22 BY MARK BLEGEN TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 8.2 FEET• TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TQ 9.8 FEET• TO ALLOW THE RECONSTRUCTION OF A NONCONFORMING STRUCTURE THAT WAS DAMAGED MORE THAN FIFTY PERCENT OF ITS VALUE DUE TO FIRE DAMAGE GENERALLY LOCATED AT 275 IRONTON STREET N E� Ms. Dacy, Community Development Director, stated that this is a variance to reduce the front yard setback from 35 feet to 8.2 feet and to reduce the side yard setback from 10 feet to 9.8 feet in order to allow the reconstruction of a non-conforming structure damaged more than fifty percent of its value due to a fire. She stated that this structure was damaged by a fire in August, and the Chief Building Official has verified that over fifty percent of the value of the structure was destroyed in the fire. Ms. Dacy stated that staff and the Appeals Commission recommend denial of the variance request, but it should be noted that there � is a creek that meanders through the rear portion of the property and moving the house back may impact the edge of that creek. She stated that some type of front yard variance would be necessary, but since over fifty percent of the value was destroyed, this may be the opportune time to reconstruct the home within the existing code. Ms. Dacy reviewed some of the setbacks of other homes in the area, and some homes have only five feet to ten feet front yard setbacks. Mr. Blegen, the petitioner, stated that all he wanted to do was to build on the same footings. He stated that if he has to remove the existing foundation, it would cost $15,000. He stated that he is living in an apartment at the present time and would like to get started on rebuilding. Councilman Schneider stated that he has contacted the Ward Council- member, Ed Fitzpatrick. He has indicated he supports this front yard variance. Ms. Sporre, 295 Ironton Street, stated that she lives next door to this property, and the neighborhood is in favor of the variance. She stated that if Mr. Blegen were to move the home back, it would impact on the beautiful oak trees on the property. She stated that there are other homes with these setbacks, and they would like to � keep the integrity of the neighborhood. — -------------------------------- FRIDLEY CITY COUNCIL MEETLNG OF SEPTEMBER 13, 1993 PAGE 18 ' Ms. Sporre stated that there is a long history to the boulevards on this street. She stated that both boulevards or easements are on one side of the street which was a compromise reached when residents stated that they would sue the City. Mayor Nee stated that the south boulevard was moved to the north side and the lot line moved north to include two boulevards. Councilwoman Jorgenson stated that she cannot foresee the street being widened, and she could not know what future councils might do. Ms. Sporre felt that if Mr. Blegen had to maintain a 35 foot setback and build to the rear of the property, there might also be problems with flooding. She stated that water backs up now in the creek wrth water coming from the housing pro�ect in Coon Rapids. MOTION by Councilman Schneider to grant Variance Request, VAR #g3-22, to reduce the front yard setback from 35 feet to 8.2 feet and to reduce the side yard setback from 10 feet to 9.8 feet at 275 Ironton Street because the ad�acent homes on each side are approximately at the same setback or less, as well as the potential for flooding and past history of the drainage. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, ' Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO. 60-1993 EXTENDING APPROVAL OF A SUBDIVISION, LOT SPLIT, L.S. #93-01, TO CREATE TWO SEPARATE PARCELS GENERALLY L�CATED NORTH OF 61ST AVENUE AND WEST OF 5TH STREET (BY WESTMINSTER CORPORATION): MOTION by Councllman Bi111nqs to adopt Resolution No. 60-1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. APPROVAL RELOCATION CONSULTANT CONTRACT WITH PROFESSIONAL REDEVELOPMENT RESOURCES: Ms. Dacy, Community Development Director, stated that the City is responsible for relocation expenses as the result of the condemnation of property at 6070 and 6074 Central Avenue. She stated that as part of the condemnation proceedings, a relocation consultant must be hired to determine appropriate relocatiott benefits for the tenants. Ms. Dacy stated it is recommended that Kirk Schnitker of Professional Redevelopment Resources be hired to determine the relocation benefits. ' Mr. Herrick, City Attorney, stated that the City is not indicating the tenants must move; however, he understands this particular property owner wishes to move and purchase another home. � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 1993 PAGE 19 Councilwoman Jorgenson stated that Lorraine Nelson contacted her last week and wanted to make sure she would not have to move until the City needs the property. Mr. Herrick stated that he also heard this tenant wished to move; however, the City is not requiring either tenant to move at this time. MOTION by Councilman Schneider to authorize the Mayor and City Manager to enter into this agreement with Kirk Schnitker of Professional Redavelopment Resources. 5econded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 17. APPROVE RENTAL LICENSE APPLICATION FOR RESIDENTIAL RENTAL PRQPERTY LOCATEA AT 541 53-112 AVENUE N.E.: Ms. Dacy, Community Development Director, stated that this rental application license is for renewal, and staff is recommending that the license be valid through May 6, 1994. She stated that the property does not meet the code requirements, and the owner is aware that he needs to comply with the single family zoning district. � MOTION by Councilman Billings to approve the rental license for 541 53-1j2 Avenue through May 6, 1994 and authorize staff to issue a refund for one-third of the rental license fee received. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. APPROVE RENTAL LICENSE APPLICATION FOR RESIDENTIAL RENTAL PROPERTY LOCATED AT 4042 MATN STREET N.E.: Ms. Dacy, Community Development Director, stated that this rental application license is for renewal, and staff is recommending that the license be valid through May 6, 1994. She stated that the property does not meet the code requirements, and the owners are aware that they need to comply with the single family zoninq district. MOTION by Councilman B111ings to approve the rental 1lcense for 4042 Main Street N.E. through May 6, 1994 and authorize staff to issue a refund for one-third of the rental license fee received. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. ESTASLISH A PUBLIC HEARING FQR SEPTEMBER 27, 1993, FOR CONSOLIDATION OF THE FRIDLEY POLICED RELIEF ASSOCIATION'S POLICE PENSION: � P+IOTION by Councilman Schneider to set a public hearing for consolidation of the k'ridley Police Relief Association's Police FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 1993 PAGE 20 � Pension for September 27, 1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. ESTABLISH A PUBLIC HEARING FOR DECEMBER 1, 1993; A RECONVENING DATE OF DECEMBER 13, 1993, IF NECESSARY; AND A SUBSEQUENT HEARING DATE OF DECEMBER 20. 1993, ON THE 1994 BUDGET FOR THE CITY OF FRIDLEY: MOTION by Councilwoman Sorgenson to set a public hearing for December 1, 1993 and a reconvening date, if necessary, of December 13, 1993, and a subsequent hearing date of December 20� 1993, on the 1994 budget. Seconded by Councilman Billinqs. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. RESOLUTION NO. 61-1993 ADOPTING A"PROPOSED" BUDGET FOR THE FISCAL YEAR 1494: MOTION by Councilman Schneider to adopt Resolution No. 61-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. RESOLUTION NO. 62-1993 CSRTIFYING "PROPOSED" TAX LEVY � REOUIREMENTS FOR 1994 T6 THE COUNTY OF ANOKA: MOTION by Councilman Billings to adopt Resolution No. 62-1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23. RESOLUTION NO. 63-1993 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND, CABLE TV FUND, GRANT MANAGEMENT FUND, HRA REIMBURSEMENT FUND. DRUG AND GAMBLING FORFEITURE FUND, AND THE CAPITAL IMPROVEMENT FUND FOR THE YEAR 1992: MOTTON by Councilman Schneider to adopt Resolution No. 63-1993. Seconded by Councilwoman Sorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, 24. RESOLUTION NO. 64-1993 DESIGNATING 1992 FUND BALANCES: MOTION by Councilwoman Jorgenson to adopt Resolution No. 64-1993. Seconded by Councilman Billings. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 25. APPROVE AMENDMENT OF JOINT POWERS AGREEMENT FOR CONSTRUCTION AND OPERATION OF FIRE TRAINING SITE: MOTION by Councilman Billings to approve the amendment of the Joint ' Powers Agreement for construction and operation of the fire training site and authorize the appropriate City officials to execute this agreement. Seconded by Councilman Schneider. Upon FRIDLEY CITY COUNCIL MEETING OE SEPTEMBER 13, 1993 PAGE 21 � a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 26. RECEIVE PETITION NO. 14-1993 FROM RESIDENTS ON STINSON BOULEVARD BETWEEN 73RD AVENUE AND OSBORNE ROAD: MOTION by Councilman Schneider to receive Petition No. 14-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 27. RECEIVE PETITION NO. 15-1993 FROM RESIDENTS ON HATHAWAY LANE EAST OF REGIS DRIVE: MOTION by Councilman Schneider to receive Petition No. 15-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 28. RESOLUTION NQ. 65-1993 ORDERING IMPROVEMSNT, FINAL PLANS. AND ESTIMATES OF COSTS THEREOF AND AMENDING STREET IMPROVEMENT PROJECT NO. ST. 1993-1: MOTION by Councilman Schneider to adopt Resolutlon No. 65-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 29. RESOLUTION NO. 66-1993 ORDERING IMPROVEMENT AND APPROVAL OF FINAL PLANS AND ESTIMATES OF COST5 THEREOF AND ADDING TO THE 1993 STREET IMPROVEMENT PROJECT NO. ST. 1993 - 1& 2: HATHAWAY LANE EAST OF REGIS DRIVE: MOTION by Councilman Schneider to adopt Resolution No. 66-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 30. RESOLUTION NO. 67-1993 ORDERING IMPROVEMENT, FINAL PLANS AND ESTIMATES OF COSTS THEREOF AND AMENDTNG STREET IMPROVEMENT PROJECT NO. ST. 1993 - 1& 2: MOTION by Councilman Billings to adopt Resolution No. 67-1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 31. RESOLUTION N0. 68-1993 ORDERING IMPROVEMENT AND APPROVAL OF PLANS AND ESTIMATES OF COSTS THEREOF AND ADDING TO THE 1993 STREET IMPROVEMENT PROJECT NO. ST. 1993 - 1& 2: 7TH STREET FROM MADISON STREET TO 900 FEET WEST: MOTION by Councilman Billings to adopt Resolution No. 68-1993. Seconded by Councilman Schneider. Upon a voice vote, all voting � aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCTL MEETING OF SEPTEMBER 13 1993 PAGE 22 � 32. APPROVE CHANGE ORDER N0. 1 STREET IMPROVEMENT PROJECT NO. ST< 1993 - 1 & 2: MOTION by Councilwoman Jorgenson to authorize Change Order No. 1 to Street Improvement Project No. ST. 1993 - 1& 2 with Northwest Asphalt in the amount of $107,240.00. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 33. RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS: MOTION by Councilman Schneider to table this item to the October 4, 1943 Council meetinq. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 34. RESOLUTION REVOKIP7G MUNICIPAL STATE AID 5TREETS: MOTION by Councilman Billings to table this ltem to the October 4, 1993 Council meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 35. RESOLUTION NO. 69-1993 AUTHORIZING ADVERTISEMENT FOR BIDS FOR � LOCKE PARK FILTER PLANT REPAIR, PROJECT NO. 240: MOTION by Councilman Schneider to adopt Resolution No. 69-1993. Seconded by Counoilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 36. APPROVE FUNDING FOR THE STREAM BED A�D BANx EROSION CONTROL PROJECT IN THE 400 BLOCK OF RICE CREEK TERRACE: Mr. Flora, Public Works Director, stated that bids were received, and the pro7ec� was over the original estimate. He stated that staff is recommending an additional $3,000 for a total of $8,000 to be funded by the City. Funds are available within the storm water contingency authorization. MOTION by Councilman Billings to increase the amount authorized for this pro�ect by $3,000 or a total of $8,000. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 37. AUTHORIZE THE ADVERTISEMENT FOR BID PROPOSALS FOR THE LEASE/PURCHASE OF A NEW SIDEWALK SNdWPLOW ANA ACCESSORIES: MOTION by Councilman Billings to authorize the advertisement for bid proposals for the lease/purchase of a new sidewalk snowplow and � accessories. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 1993 PAGE 23 38. RECEIVE BIDS AND AWARD CONTRACT FOR SUPERVISORY CONTROL AND DATA ACqUISITIQN (SCADAI PROJECT N0. 259; AND AUTHORIZE PAYMENT FOR THE DE5IGN OF THE CITY SURVEILLANCE ITEMS: Mr. Flora, Public Works Director, stated that bids were opened for the SCADA Project No. 259. He stated that the low bidder was Automatic Systems with a total bid of $376,850.00, and staff recommends that the bid be awarded to them. Mr. Flora stated that it is also requested that Council authorize payment to Maier Stewart and Associates for the design of the City surveillance items 1n the amount of $1,767.10. MOTION by Councilman Billings to receive the followinq bids for the Supervisory Control and Data Acquisition (SCA�A) Project No. 259: Bidder Automatic Systems 2400 W. County Road D St. Paul, MN 55112 Bacon's Electric 6525 Central Avenue N.E. Minneapolis, MN 55432 Killmer Electric 9702 85th Avenue N. Maple Grove, MN 55369 Total Bid $376,850.00 $434,950.00 $505,D72.00 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to award the contract for the Supervisory Control and Data Acquisition (SCADA) Pro�ect No. 259 to the low bidder, Automatic Systems in the amount of $376,850.00. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to authorize payment to Maier Stewart and Associates in the amount of $1,767.10 for the design of the City surveillance items. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 39. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reparts. � � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 1993 PAGE_24 40. CLAIMS: MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 51182 through 51638. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 41. LICENSES: MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 42. ESTIMATES: MOTION by Councilman Schneider to submitted_ Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 Universlty Avenue N.E. Fridley, MN 55432 Statement for Services Rendered as City Prosecuting Attorney for the Month o£ July, 1993. .... Northwest Asphalt 1451 County Road 8 Shakopee, MN 55379 Street Reconstruction Program Project No. ST. 1993 - 1& 2 Estimate No. 2 . . . . . . . Isaacson Lawn Care 10515 County Road 116 Rogers, MN 55374 Lake Pointe Maintenance Pro�ect No. 244 Estimate No. 5 . . . . Gunderson Brothers Cement Contracting 2235 Snelling Avenue Minneapalis, MN 55404 Miscellaneous Concrete Curb, � Gutter and 5idewalk Pro�ect No. 245 Estimate No. 5 . approve the estimates as $ 10,207.5� $237,137.34 $ $ 3,497.36 698.25 � � � FRIDLEY CITX COUNCIL MEETING OF SEPTEMBER 13, 1993 PAGE 25 Seconded by Councilwoman Jorgenson. 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 Meeting of the Fridley City Council of September 13, 1993 adjourned at 11:02 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor