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11/09/1981 - 00013075� � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF NDVEMBER 9, 1981 The Regular Meeting of the Fridley C�ty Council was called to order at 7:35 p. m. by Mayor Nee. PLE�GE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman Barnette, Councilman Schneider, Councilwoman Moses-Martin and Councilman Fitzpatrick PIEMBERS ABSENT. None APPROVAL OF MINUTES: PUBLIC HEARING hIEETING, OCTOBER 19, 1981: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR MEETING, OCTOBER 26, 1981: MOTION 6y Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Moses-Martin. 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. STATEMENT OF CANVASS: CANVASSING OF VOTES OF THE GENERAL ELECTION OF NOVEP16ER 3, 1981: P40TION by Councilman Barnette to approve the canvass of votes of the General Election of November 3, 1981. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously. City of Frtdley, Minnesota STATEMENT OF CANUASS General Election November 3, 1981 �ECLARATION DF RESULTS THEREOF In accordance with Section 4.08 of the Charter of the City of Fridley, the City Council declares the results of the 1981 General Election to be as follows: A. The total number of ballots cast was: � Ward 1 - Precinct 1 Ward 1 - Precinct 2 Ward 1 - Precinct 3 Ward 3 - Precinct 1 Ward 3 - Precinct 2 ldard 3 - Precrnct 3 78 233 107 445 165 314 1,342 TOTAL 1,342 REGULAR P1EETING OF NOVEMBER 9, 1931 STATEPIENT OF CANVASS COPJ'T: PAGE 2 B. The votes for each candid�te, and the number of overvotes, undervotes and write-in votes are as follows: COUNCILMEMBER - WAR� I W-1 P-1 Ed Hamern�k 73 Overvotes 0 Underotes 2 Stan Kowalski 1 Cheryl Moses-Martin 1 Bruce Peterson 1 Wrtte-�n Votes Ed Fttzpatrick Irene Maertens Overvotes Undervotes W-1 P-2 22B 0 � W-1 P-3 100 0 3 Kay Herb Egeness 3 Neilsan 1 Bill Weiss 1 TOTAL 78 233 107 COUPJCILMEMBER - '�JARD III W-3 P-1 209 229 1 5 Janice Dean 1 Write-tn Votes TOTAL 445 I�!-3 P-2 qg 115 0 1 0 165 41-3 P-3 227 II6 D 1 0 314 TOTAL 401 ,0 9 8 418 TOTAL 485 430 1 7 1 � 924 C. The following officers were declared elected: COUNCILMEMBER WARD I- ED HAMERPJIK COUNCILMEh1BER WARD III - ED FITZPATP.ICK D. The following is a true copy of the ballot used for Councilmember Ward I Official Ballot CITY OF FRIDLEY Anoka County, Minnesota General Election TUESDAM, 3,1981 � Put an (X) oppos�te the name of each cand�date you wish to vote for, m the square mdicated by the azrow COUNCILMEMBER-WARDI (VOTE FOR ONE) ED HAMERNIK ' � � � , REGULAR MEETING OF NOVEMBER 9, 1981 STATEMENT OF CAN�ASS CON'T: PAGE � E. The following is a true copy of the ballot used for Councilmember Ward III: �ffitial Ballot CITr OF FRIDLEY Anoka County, Minnesota General Elecfion TUESDA►, NOYEMBER 3,1981 � Put an ( X) oppos�te the name of each cand�date y ou w�sh to vote for, m the square md�cated by the arrow COUhCIL6fEMBER- WARD III (VOTE FOR ONE) IRENE MAERTENS ED FI7ZPATRICK F. The names of the ,7udges of the election are as follows: WARD 1 - PRECINCT 1 Carolyn Holmen �oris Tallaksen Gay Gronlund Clifford Ness Ma,7orie Rosin Camilla Mueller Sandra Goman WAR� 1 - PRECINCT 3 Charlene Swanson Margaret Powell Alice Mol Rosal�e Halling Mathilda Johnson Rosella Amar 4JARD 3 -� PRECINCT 2 Judy Engebretson Nancy Strong �ona Mae Odland Da�^lenc�,Vail � n Velma Farr Jean Wagar �JARQ 1 - PRECINCT 2 Joyce McLellan Marlys Johnson Shirley Kohlan Mary E. Storley Mary Sullivan Evelyn Selenski WARD 3 - PRECINCT Betty Bonine Janet Kothman Betty Scott Roma Eastwood Myrtle Morphew Connie Samuelson l.avonne Avery Alice Anderson WARD 3 - PRECIP�CT 3 Gladys Syverson Bev P1iller Laverne Roseth Jean Johnson Gemaine Wolsfeld Florence Gordon Betty Nelson T �_ REGULAR P4EETING OF NOVEMBER 9, 1981 STATEMENT OF CANVASS CON'T: NEALTH CARE FACILITIES Norma Rust Dorothy �eres PAGE 4 1 ��/� R - WILLI,4P1 COUNCILf4EMBER COUNCILP1EP1BER COUNCILP�EMBER COUNCILMEMBE PU6LIC HEARING: `°' PUBLIC NEARING ON PROPOSED PROJECT FOR ISSUANCE OF r _r DEVELOPMENT REVENUE BON�S TO LaMAUR, INC. UN�ER TH TATUTES, CHAPTER MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public heartng. Seconded by Councilman Schneider. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimous7y and the public hearing opened at 7:40 p, m. Mr Inman, City Clerk, stated this is a proposal for issuance of $1,0OO,ODO in the form of an industrial revenue note to LaMaur, Inc. for approximately a 51,000 square foot expansion of their facili�ies. P1r. Inman stated this expansion is estimated to increase the work force 6y 3D �o6s and add to the City's tax base. He stated the Council received a ���ap s0�owing the exact location of the expansion and also a letter from h1idland National Bank who agrees to 6uy the note as a stngle debt instrument. ' � MOTION by �:runcilman Fitzpatr�ck to receive the letter from Pltdland PJational 6ank dated November 9, 1981 which stated they are prepar•�d to purchase the note in its entirety. Seconded by Councilwoman Moses-Martin. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. , Mr. W�lliam Olson, Secretary-Treasurer for LaMaur, Inc. stated thev originally made application for a$3,000,000 revenue bond and found they weren't qualified for that amount and have amended it to $1,000,000. � REGULAR MEETING OF NOVEMBER 9, 1981 PAGE 5 Mr. Olson stated,in �onferring with Midland National Bank, they were told there would be some savings as a result of them purchasing the note. Mr. Olson stated the expansion is to be about 51,000 square feet and would provide about 43 additional �ob, all at the Fridley facility. Mr. Qureshi, City Manager, stated originally LaMaur was considering two sites for this expansion, one to the north and one to the south, and asked if a decision had been made on the location. Mr. Olson replied they would be expanding to the north and the facility could be larger than what is now anticipated. Mr. Qureshi stated the Council's action on the industrial revenue bond issue has no relationship regarding the building permit. He stated the building permit would 6e a separate process and the plans would be revtewed to make sure thay meet all the zoning and code requirements. Mr. Herrick, City Attorney, asked Mr. Olson who was their bond attorney and he stated tt was Mr. Walter Duffy. Mr. Herrick asked Mr. Olson to have Mr. Duffy contact him as soon as possible. There was no response from the audience regarding the issuance of these industrial revenue bonds. MOTION by Councilman Fitzpatrick to close the publ�c hearing. Seconded by Councilwoman Moses-Martin. Upon a vo�ce vote, all voting aye, Mayor PJee declared the motion carried unantmously and the publtc hearing closed at 7:45 p. m. OLD BUSINESS: �_� CONSIDERATION OF REVISED COMPREHENSIVE PLAN FOR SUBMITTAL TO THE METROPOLITAN rniinirri rnm rn iniocioi . � Mr. Qureshi, City Manager, stated staff has gone through this plan and made ad,7ustments in order to leave the flexibility, as much as possible, on the City level. H'e suggested this item be considered later in the agenda if there will be a fairly lengthly discussion. , The Council agreed to proceed with the other agenda items and return to this item later. ORDINANCE N0. 743 Ah1ENDING CHAPTER 602 "BEER LICENSING": F THE FRIDLEY CITY CODE EPJT- MOTION by Councilman Schneider to waive the second reading of Ordinance No. 743 and adopt it on the second reading and order publication. Seconded by Councilwoman Moses-Martin. Mr. Herrick, City Attorney, stated he has reviewed this ordinance and 7s satisfied vaith the way it is written. UPON A VOICE VOTE, all vot�ng aye, Mayor Nee declared the mot�on carr�ed unanimously, '��'CONSIDERATION OF REPORT FROM STAFF REGARDIPIG THE REZONING FOR MR. BURANDT: Councilman Schneider stated his purpose in adding this item to the agenda � is to o6ta�n a status report on where they stand with this parcel. He stated, at thela�t meei.ing,this item was referred to staff to draw up an agreement that would, basically, insure that the proposal presented for an office complex does, in fact, proceed. d�,� _�_. REGULAR h1EETING OF NOVEMBER 9, 1951 PAGE 6 Mr. Qureshi, City Manager, stated staff has talked to P4r. Burandt and indicated the Council would rezone the parcel he owns, with the stipulation� that the structure now on tt would be removed, as well as the building to the south, and the proposed office building would be constructed. Mr. Qureshi stated Mr. Burandt indicated he didn't want to sign such an agreement and wanted to treat his lot separately, with an agreement he remove the ex�sting structure. Councilman Schneider pointed out that P1r. Burandt is the fee owner on both ' parcels and asked on a rezoning request who files the application, the contract-for-deed owner or fee owner. Mr. Herrick, City Attorney, stated either can make application, but both must sign the application for rezoning. Councilman Schneider asked �f there �s any legal agreement that can be drawnso that Mr. Burandt is protected in the event Nybo's financing for the office building does not go through. He felt there should be a way to protect the City as �vell as h1r. Burandt. Mr. Burandt stated the application for rezoning was made by him and he cannot sign an agreement for removal of the existing structure as the contract for deed prohibits this removal. Mr. Herr�ck felt there shouldn't be any reason whN he and the Nybo's couldn't agree on this matter, subject to them obtaining the financing. Mr. BUrandt stated if the financing doesn't go through for the proposed office bu�lding, he still has an R-3 property and he cannot apply to refurbish the property under the current status. +;r Herrick stated, depending on the degree of damage, if it is less than 50%, Mr. Burandt has the right to have the structure repaired. He stated he will also have the right to construct multiple units up to the amount , allowed under the zontng. He stated on the question of the rezoning, however, that is a discretion made by the Council to decide what is best for the City and the area. Mr. Burandt said he was advised the opposite by the staff. He also stated Nybo's have an exclusive development contract signed with the Housing and Redevelopment Authority. Mr. Herr�ck stated if they don't have control oF both parcels, then they don't have an agreement with the Housing and Redevelopment Authority. Mr. Burandt stated the Hous�ng and Redevelopment Authority gave the Nybo's rights to develop the property through condemnation. Mr. Herrick stated what has to be clarified is who has control over the property. P4r. Burandt stated there was no agreement between himself and the Nybo's for the parcel which contains the burned-out structure. Mr. Herrick felt Mr. Burandt and the Nybo's should get together and come in w�th a un�f�ed proposal on the two parcels. He stated if nothing is going to happen, as far as development and construction of the office building, then P1r. Burandt is free to treat the parcel with the burned-out structure separately. , Mr. Qureshi, City Manager, stated Mr. Burandt was given the same information by staff as was given by the City Attorney. He pointed out Mr. Burandt cannot be tied with the property to the south, under a contract for deed, and still have a building permit for the other parcel. � I; � � REGULAR MEETING OF NOVEMBER 9, 1981 PAGE 7 Mr. Herrick felt the Nybo proposal for the office building should be dealt with first, and if that develops, none of this other discussion would be necessary;fiowever, if it doesn't develop, then the question on what Mr. Burandt wtshed to do with the property would have to be considered, hi0TI0N by Councilman Schneider to table this matter and obtain a full report of the situatton and alternatives for the next meeting. Seconded by Councilwoman Moses-Martin. Mr. Herrick felt the next time th�s �ssue is before the Council, Mr. Burandt, the Nybo's, and 61r. Boardman should be here so all the questions can be dealt wtth. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Pdee declared the motion carried unanimously. NEW BUSINESS: COPdSIDERATIOfJ OF A REQUEST BY FRIDLEY FIREFIGHTERS RELIEF ASSOCIATION TO UPGRADE THEIR PENSION BENEFITS: Mr. Charles McKusick, Prestdent of the Fridley Firefighters Relief Association, appeared before the Council regarding two changes �n its by-laws which the Council must ratify under proviston of the Minnesota statutes. M�r. McKusick stated the proposed changes are to increase the monthly base service penston from $192.00 to $200,00, effective �anuary 1, 1981 and to change the post 2D year serv�ce credit from the current fixed $�.00 per year to 1l20th of the base service pension. Mr. McKusick stated the changes will not require any tax support from the City, but stated they have a surplus in the�r fund and did not make any changes until they had the additional funds necessary. Mr. Inman, City Clerk, stated he met with the Fire Relief Association and concurs that both the proposed changes will not place them in an unfunded l�ability situation. MOTION by Counc�lman Schneider io concur with ��e request from the Fridley Ftrefighters Rellef Assoctation regarding two proposed changes in their pension benefits. Seconded by Councilwoman Moses-Martin. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. Mr. Bob Aldrich, Fire Chief, appeared before the Council regarding IRS Ruling 81-58. Mr. Aldrich stated they have some ser�ous concerns about this particular rultng and it would have the potential of placing the fire pension into an unfunded liability situation in the near future. He explained what Ruling 81-58 does appear to remove the exemption on earnings of police and fire relief associations from federal taxation, and asked the Counc�l's supQort of the resolution oppostng this rul�ng. P10TION by Counctlman Barnette to adopt Resolution No. 125-1981 in Opposition to Internal Revenue Service Revenue Ruling 81-58. Seconded by Councilman Schneider. Upon a voice vote, all vot�ng aye, P1ayor Nee declared the motion carried unanimously. �r, •r m�i��'4_ REGULAR MEETING OF NOVEMBER 9, 1981 PAGE 8 CONSI�ERATION OF REAPPROVAL OF BROTTLUND ESTATFS PRDPERTY, 6431 APlD 64�3 EAST RIVER ROA�, RE4UESTED 6Y J. A. CADWALLA1lER III, DBA: P,EALTY WORLD: Mr. Flora, Public Works Director, stated the Brottlund lst Flddition Plat was approved by the Counctl in 1978 with two stipulations, (1) that there 6e an additional ten foot easement dedtcated along East River Road and; (2) the park fee of $600 be received. Mr. Flora stated there were some problems and the plat was not filed and, again, in Il979 the Council reapproved the plat withii�e same stipulations. Mr. Flora stated all the necessary items in order to file the plat have now been completed and Mr. Brottlund is now requesting approval in order to record the plat. He stated the City has not received the plat indicating the ten foot easement nor the park fee. Mr. Flora pointed out the ordtnance was changed tn 1981, and the park fee now required is $1,000 per lot, therefore, a determination should be made on the amount to be obtained for the park fee. MOTION by Councilman Fitzpatrick to re-approve Brottlund's lst Addition, with the stipulation there be an additional ten foot easement dedicated along East River Road and a park fee of $600, as originally approved. Seconded by Councilwoman Moses-P1artin. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. `� CONSI�ERATION OF SIGP�ING JOINT COOPERATION AGREEMENT WITH ANOKA COUNTY, COP1MUNITY DEVELOPMENT BLOCK GRANT FOR 1982: Councilman Schneider asked if �t was the County's intent to have a task force review the various proposals for the community development block grant funds. Mr. Qureshi, City Planager, stated it is h�s understanding they will use the same process as previously. MOTION by Councilwoman Moses-Martin to authorize the Mayor and City Manager to enter �nt� this agreement with Anoka County for the Commun�ty �evelopment Block Grant Program for 19II2. Seconded 6y Councilman Schneider. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unam mously. COP�SIDERATION OF CHANGE ORDER ND, l, WATER APdD SEWER PROJECT N0. 134: Mr. Flora, Public Works �irector, stated the Fire Department has identified a section of East University Servi�e Drive 6etween 57-1/2 Avenue and 60th Avenue which did not have a fire hydrant to service this commercial area. P9r. Flora requested the Counctl consider this change order in order to extend a water line and install a fire hydrant at an estimated cost of $4,500. MOTION by Councilman Fitzpatrick to author�ze Change Order No. 1 to Sewer and Water Pro,7ect No. 134 with Bonine Excavating, Inc. �n the amount of $4,458.19. Seconded 6y Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � RESOLUTION N0. 126-1981 GIVING F: Mr. Herr�ck, City Attorney, stated the resolution presented to the Council was based on the ortginal request for $3,00O,OOD in industrial revenue bonds and this amount should be changed to $1,OOO,D00. Also, under Item 4, the name of Piper, Jaffray & Hopwood Incorporated should be str�ken and Midland Nat�onal Bank be added in its place. � � � � � � REGULAR PIEETING OF NOVEP4BER 9, 1981 PAGE 9 Mr. Herrick stated this resolution was drawn by Mr. Duffy, the bond counsel, and he was told Council would consider this resolution with the above two changes, but the resolution should be checked to make sure these changes do not adversely effect it and if they do, the resolution will be redrawn and resubmitted to the Council. MOTION by Councilman Fitzpatrick to adopt Resolution No. 126-1981, with the following changes: (1) change the $3,000,000 figure to $1,000,000, and (2) change, under Item �4, Piper, �affray Px Hopwood Inc. to Midland National Bank. Seconded by Councilwoman Moses-Mart�n. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. j� t i RES ;1 �� ,c, _`,� f:3i GHTS• MOTION by Councilwoman Moses-Martin to adopt Resolution No. 127-1981. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. G IZING TRANSFERS FROM THE PUBLIC UTILITY KS MOTION by Councilman Schneider to adopt Resolution No. 128-1981. Seconded by Councilman Barnette. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously, ` COUNCIL IT Councilman Schneider stated one of his concerns in the original plan was the proposed land use and �n the plan approved earlier, the Council had inten- tionally not delineated any specific areas and the plan was re,7ected i�y the Metropolitan Council. Councilman Schneider stated he trusts the latest plan shows land use consistant with the present zoning map, with the exception of the redevelopment areas where no zoning �s shown in these areas. He stated, if that is the case, he would be comfortable with th�s plan. Mlr, Herrick stated any time the Council wishes to change the zoning map, they have to submit it to the �letropolitan C�ouncil. The plan was discussed and the following changes were made: Page 1-4, 4A - eliminate the words "in any blocks or". Page 2-5, Ob,7ective Two, Policy 1: add "and waters" after the word "lands". Page 2-6, Policy 2: add "or hazardous" after the word "solid" Page 4-4, Policy 3A: change to read as follows: "The code should be examined to determine if mandatory inspections of one family untts, at the time of sale, ts appropriate". Page 4-5, Ob�ective Three: last paragraph, first l�ne. change "now" to "sometimes°. Last paragraph, second line: change "households" to "families" and insert the word "State" before the word "law". Page 3-15: �ivision sym6ols are mtssion in the equations Page 7-6: Include the Moore Lake PhaseIT cost figures. MOTION by Councilman Schneider to approve the revised Comprehensive Plan, with the above changes, and direct staff to forward it to the Metropolitan Council. Seconded by Counctlman Barnette. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried una m mously. � Y � r� 1 `_ � REGULAR MEETING OF NO�EPIBER 9, 19II1 CONSIDERATION OF 1982 HOLIDAY AND CITY COUPICIL PAGE 10 G SCHEDULES: MOTION by Counc�lman Fttzpatrick to approve the 1982 Holiday and City Council P1eet�ng Schedule. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. fi,PPOINTPIENTS - CITY EMPLOYEES: h1r. Qureshi, City Manager, stated John Cich has v�ithdraUm his application for appointment as a Police Offi cer, therefore, Council should only consider the appointment of David Pro�s as a Police Officer. MOTION by Councilwoman Moses-Martin to concur with the followinq appointment: NAME POSITION SALARY EFFECTI�E DATE REPLACES David Prois Police Officer $1,348 November 23, 1981 Dav�d Younkin 1959 Forest St. per Hastings, MN 55033 month LICENSES. Mr. Quresht, City Manager, stated the on-sale beer license for Big B's Pizza requires a public hearin9, therefore, action should not be taken on this particular license until after the hearing. MOTION by Councilman Barnette to approve the licenses as submitted and as on file in the License Clerk's Office, Nn th the exception of the on-sale beer license for Big B's Pizza. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIP1ATES: Ni0TI0N by Councilman Fitzpatrick to approve the estimates as su6mitted. Herrick & Newman, P.A. 6270 University Avenue, NE Fr�dley, MN 55432 For legal services rendered as City Attorney for the month of October, 1981 H & 5 Asphalt Company 70D Industry Avenue N.W. Anoka, P1N 55303 Partial Fst. #1 - Work on Oak Glc:n Creek Dentention Fond Crossings, Inc. P.O. Box 10 Prior Lake, MN 55372 Parttal Est. #,1 - Moore Lake Restoration Project (Storm Sewer Diversions) - S& W 132 $ 3,247.05 $10,245.00 $36,337.50 Seconded by Councilman Schneider. Upon a voice vote, all voti,ng ayey hlayor Nee declared the motion carried unanimouasly. � � ' i � �J � REGULAR MEETING OF NOVEMBER 9, 1981 CLAIMS: PAGE 11 M�TI�N by Councilman Barnette to authorize payment of Clalms No. 2B3H34 through 311601. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, P4ayor Nee declared the motion carried unanimously. The Council extended the�r congratulations to Councilman Fitzpatrick who was reelected to the Council and also to Mr. Ed Hamernik who was elected to the Council. ADJOURNMENT: MOTION by Councilman Barnette to adjourn the meeting. Seconded by Councilman Schne�der. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of November 9, 1981 ad�ourned at 9:02 p. m. Respectfully submitted, ���' �`ia�c.r.c'`"°�— Carole Haddad Secy. to the City Council Approved: November 23, 1981 �; ; � � , r� .,,� �I, ��a��t%q,'�l a ° " W�lliam J. NE� Mayor ��'��y