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04/17/1989 - 00006869, � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COIINCIL OF APRIL 17, 1989 The Regular Meeting of the Fridley City Cauncil 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 Schneider, Councilman Fitzpatrick and Councilman Billings MEMBERS ABSENT: None PRESENTATION OF AWARDS AND PROCLAMATIONS: PRESENTATION OF PLAOUE - DANIEL ALZEN, PARKS & RECREATION COMMISSION• Mayor Nee stated members of the various City Commissions spend a great deal of time serving the community, and the City Council appreciated their contributions. He stated Daniel Allen has served on the Parks and Recreation Commission from 1980 to 1989 and the City Council wished to present him with this plaque in appreciation for his services as a member of this Commission. Mayor Nee read the inscription on the plaque and presented it to Mr. Allen. He and the members of the Council expressed their thanks and appreciation to Daniel Allen for his service to the community. FOREIGN EXCHANGE STUDENTS DAY. APRIL 17. 1989: Mr. Hunt, Assistant to the City Manager, introduced Sue Davis, representative for the American Field Service. Ms. Davis stated there are four foreign exchange students in Eridley, two attend Fridley High School and two attend Totino-Grace Hiqh School. Miss Yelitza Bonilla, Cagua, Venezuela; Mr. Ugo Caminol, Verona, Italy; Mr. Jorge Del Camp, Bogota, Columbia; and Mr. Olivier Van der Moren, Waterloo, Belgium introduced themselves and their host families to the Council. All the students stated they were happy to be in Fridley and the community was very friendly. ' � � FRIDLEY CITY COUNCIL MEETING OF APRIL 17. 1989 PAGE 2 Mayor Nee presented each student with a proclamation and the Fridley VFW Post 363 presented the students with an American flag. ADMINISTRATION OF OATH OF OFFICE - MAUREEN MEISNER, PATROL OFFICER• Mr. Hill, Public Safety Director, administered the Oath of Office to Maureen Meisner, the newly appointed Patrol Officer. Mr. Hill stated Ms. Meisner is from Inver Grove Heights where she was a member of the National Honor Society in high school. He stated she has received a Bachelor of Arts degree in Political Science from the University of Minnesota and an AAS degree from Inver Hills Community College as a Paralegal. Mr. Hill stated Ms. Meisner speaks and understands some Spanish and sign language. He stated she was previously employed by the McLeod County Attorney's Office and a St. Paul law firm. Mayor Nee and the members of the City Council extended their congratulations to Ms. Meisner and welcomed her to the City of Fridley. APPROVAL OF MINUTES: CITY COUNCIL MEETING, APRIL 3. 1989: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. BOARD OF REVIEW MEETING, APRIL 10, 1989: The Council requested these minutes be submitted after the final meeting of the Board of Review. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISITORS: Mr. Loren Mayer, 7523 Tempo Terrace, stated he was before the Council in 1986 and his concerns are somewhat related to the 1986 incident. He stated over the last several years, he has made some observations about the community and is concerned with what he has observed. Mr. Mayer stated the reason he moved into Melody Manor was he felt the citizens took pride in their community. He stated he is beginning to see some deterioration with cars parked on lawns and extension cords running to these vehicles. Mr. Mayer stated , � � FRIDLEY CITY COIINCIL MEETING OF APRIL 17, 1469 PAGE 3 some trees are encroaching on their neighboring property owner and newspapers are dropped at his home after 9 p.m. on Sunday evenings. Mr. Mayer stated the reason he is bringing this to the Council's attention is that these same things were occurring in the community where he previously lived. He stated this tends to progress and get worse and hoped somehow the City can be a little more visible in its code enforcement. Mr. Mayer stated he would like the City to provide some mailings regarding code enforcement policies. He stated he has contacted the Code Enforcement Officer only one time since he moved to Fridley, however, he could make many more calls now. Mayor Nee stated this is an area the Council has been discussing. Councilwoman Jorgenson stated she spoke to a lady in Mr. Mayer's area this morning regarding some of the concerns Mr. Mayer is addressing. She stated she has asked the City Manager to request the Code Enforcement Officer to check the area and notify property owners who are in violation of any codes. Councilwoman Jorgenson stated the Council has not had an opportunity to discuss the issue this evening. She felt a systematic plan of code inspection may have to be implemented. Mr. Mayer stated he was glad to hear the Council is aware of these issues and taking steps to correct the situation. He stated this means a lot to him as a Fridley resident. OLD BUSINESS• 2. ORDINANCE N0. 922 AMENDING CHAPTER 402.27 OF THE FRIDLEY CITY CODE PROVIDING FOR THE ESTABLISHMENT OF WATER CONSERVATION REGULATIONS: Mr. Hunt, Assistant to the City Manager, stated this is an amendment of the ordinance regarding water conservation regulations for the City. He stated this amendment would make it easier for the Council to respond more quickly to problems relating to water conservation. Mr. Hunt stated this amendment would allow the Council to establish, by resolution, water conserva�ion regulations which may be required, rather than by amendment of the ordinance itself. MOTION by Councilman Schneider to waive the reading and adopt Ordinance No. 922 on second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. RESOLUTION NO. 38-1989 APPROVING A PLAT. P.S. #88-D3, GLACIER PARK COMPANY ADDITION: FRIDLEY CITY COIINCIL MEETING OF APRIL 17. 1989 PAGE 4 � Ms. Dacy, Planning Coordinator, stated this resolution authorizes the signing of this plat for Glacier Park Addition. She stated this subdivision request for API Supply Company at 5110 Main Street was approved at the Council's March 6, 1989, meeting with two stipulations. She stated there was concern, prior to the meeting, about the bikeway/walkway easement. Ms. Dacy stated, however, Mr. Hansen of API has advised them that Glacier Park has signed the plat and has no objection to the bikeway/walkway easement. Ms. Bacy stated the Planning Commission recommended approval of the plat with two stipulations attached to this resolution as Exhibit A. Councilman Fitzpatrick stated it should be mentioned there is a problem in this area with the road sometimes under water and the County came in too late with a request for a wider easement than the ten feet provided in the plat. MOTION by Councilman Fitzpatrick to adopt Resolution No. 38-1989 with the two stipulations attached as Exhibit A. Seconded by Councilman Billings. Councilman Billings asked who is the fee owner. Ms. Dacy stated � it is Burlington Northern with Glacier Park acting as their agent. Councilman Billings asked i£ Glacier Park has signed the plat to which Ms. Dacy answered in the affirmative. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 4. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 5. 1989• A. RESOLUTION NO. 39-1989 APPROVING LOT SPLIT. L.S. #89-02, TO ALTER THE EXISTTNG SIDE LOT LINE BETWEEN LOT 5, BLOCK 3, SHOREWOOD ADDITION AND LOT 6. BLOCK 3. SHOREWOOD ADDITION, IN ORDER FOR LOT 5 TO OBTAIN 20 FEET OF REAR PROPERTY. THE 3AME BEING 6211 AND 6201 CAROL DRIVE N.E. (SUSAN AND TODD NOVITSKY AND WOODROW AND DEELORES LUBANSKI): Ms. Dacy, Planning Coordinator, stated this lot split involves property owners swapping a triangular piece of property. She stated both lots meet the lot area and width requirements under the new lot line arrangement. Ms. Dacy stated the Planning Commission recommended approval of , this lot split subject to both property owners combining the legal descriptions with the new triangular piece. FRIDLEY CITY COUNCIL MEETIN6 OF APRIL 17. 1989 PAGE 5 � MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and grant this lot split by adoption of Resolution No. 39-1989. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission meeting of April 5, 1989. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. CONSIDERATION OF CHANGE ORDER N0. 7 FOR THE FRIDLEY MUNICIPAL CENTER IMPROVEMENT PROJECT NO. 189: Mr. Flora, Public Works Director, stated this change order consists of 20 Proposal Requests and Works Orders Nos. 1926 through 1931 for a total cost of $35,457.16 involving plumbing changes, electrical, extra stone and other miscellaneous items for the Municipal Center, Fire Station and Parking Ramp. He stated this change order also includes a contract amendment to Brin Northwestern for $4,735.00. He stated these funds were included in the original project authorization as miscellaneous materials. � MOTION by Councilman Schneider to approve Change Order No. 7 for the Municipal Center Improvement Project No. 189 in the amount of $35,457.16, and a revised contract amount of $3,614,515.59 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. CONSIDERATION OF RELEASING THE TAX FORFEIT PROPERTIES: Mr. Flora, Public Works Director, stated there are three properties in Fridley which recently went tax forfeit. He stated one of the properties is located on 63rd Way and the other two parcels are on the boundary between Coon Rapids and Fridley. He stated all of these properties are unbuildable. Mr. Flora stated staff is recommending the Council authorize the sale of these three properties to the adjoining property owners by the County. MOTION by Councilman Fitzpatrick to notify the County that the lots are unbuildable and the County should attempt to sell them to the adjoining property owners. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RECEIVING BIDS AND AWARDING THE CONTRACT FOR WATER, SANITARY SEWER AND STORM SEWER PROJECT NO. 188: � Mr. Flora, Public Works Director, stated 13 bids were received for this project. ' � � FRIDLEY CITY COUNCIL MEETING OF APRIL 17, 1989 PAGE 6 MOTION by Councilman Fitzpatrick to receive the following bids for Water, Sanitary Sewer and Storm Sewer Project No. 188: Volk Water & Sewer, Inc. 8909 Bass Creek Ct. Brooklyn Park, MN 55428 C.W. Houle, InC. 1300 County Road I Shoreview, MN 55126 Forest Lake Contracting 14777 Lake Drive Forest Lake, MN 55025 Arcon Construction Co. P.O. Box 57 Mora, MN 55051 B & D Underground 6130 Sunset Drive Mound, MN 55364 HR5 Construction 18140 Fenway Ave. Forest Lake, MN 55025 Glendale Contractinq 3030 Harbor Lane, #213 Plymouth, MN 55124 Northdale Construction 14450 Northdale Blvd. Rogers, MN 55374 O & P Contracting, Inc. 10650 State Hwy. #152 Maple Grove, MN 55369 Bonine Excavating 12636 Main St. Rogers, MN 55374 Imperial Developers 9001 Grand Ave., S. Bloomington, MN 55420 Brown & Cris, Inc. 19740 Kenrick Ave. Lakeville, MN 55044 $196,094.10 $201,980.50 $202,827.54 $208,478.49 $209,484.20 $209,653.90 $218,868.50 $232,158.30 $242,700.00 $254,851.51 $258,205.89 $263,995.60 _� ' � FRIDLEY CITY COUNCIL MEETING OF APRIL 17, 1989 PAGE 7 Nodlund Const., Inc. Alexandria, MN 56308 $356,357.00 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora state the low bidder was Volk Water and Sewer and staff has checked their references and recommends the contract be awarded to this company. MOTION by Councilman Schneider to award the contract for Water, Sanitary Sewer and Storm Sewer Project No, i8& to the low bidder, Volk Water and Sewer, Inc. in the amount of $196,094.10. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RECEIVING BIDS AND AWARDING THE CONTRACT FOR CORRIDOR MAINTENANCE PROJECT N0. 190: Mr. Flora, Public Works Director, stated three bids were received for this project and one bid was not accepted due to lack of a bid bond. MOTION by Councilman Fitzpatrick to receive the following bids for Corridor Maintenance Project No. 190: J. T. Noonan Co., Inc. 1601 48th Ave. N. Brooklyn Center, MN 55429 Greenmasters, Inc., 505 Highway #169 No. Plymouth, MN 55441 $36,700.00 $57,240.00 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora stated the low bidder was J. T. Noonan Company and staff recommends the contract be awarded to this company. MOTION by Councilman Fitzpatrick to award the contract for Corridor Maintenance Project No. 190 to the low bidder, J. T. Noonan Co., Inc. in the amount of $36,700. Seconded by Councilwoman Jorgenspn. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RECEIVING PETITION N0. 4-1989 FROM MARFIELD, BELGARDE AND YAFFE COMPANIES TO WAIVE THE RIGHT TO A PUBLIC HEARING FOR � STREET IMPROVEMENT PROJECT NO. ST. 1989-1 WITH THE COST NOT TO EXCEED $15,149.00: AND FRIDLEY CITY COUNCIL MEETING OF APRIL 17, 1989 PAGE 8 ' RECEIVING PETITION NO. 5-1989 FROM FMC CORPORATION TO WAIVE TAE RIGHT TO A PUBLIC HEARING FOR STREET IMPROVEMENT PROJECT NO. ST. 1989-1 WITH THE COST NOT TO EXCEED 5144,854.00: AND RESOLUTION NO. 40-1989 ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS THEREOF: STREET IMPROVEMENT PROJECT NO. 1989-1 (51ST WAY AT EAST RIVER ROAD� FORMALLY PART OF STREET IMPROVEMENT PROJECT NO. 1988 - 1& 2: MOTION by Councilman Fitzpatrick to receive Petition No. 4-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive Petition No. 5-1489. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated petitions have been received for this improvement and staif would recommend the Council adopt this resolution ordering improvement and final plans and specifications and advertisement for the improvement of 51st Way and East River Road. He stated this project would be added to the 1989 Street Improvement Projects. � MOTION by Councilman Fitzpatrick to adopt Resolution No. 40-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. CONSIDERATION OF CHANGE ORDER N0. 1 FOR CONSULTANT CONTRACT FOR TECHNICAL SYSTEM FOR THE FRIDLEY MUNICIPAL CENTER: Mr. Hunt, Assistant to the City Manager, stated this change order is in reference to the design of the A/B switch for monitors at the Council bench and the design for the retractable screens, recessed speakers and can-type speakers for a total addition of $600.00. MOTION by Councilman Schneider to approve Change Order No. 1 to the Consultant contract for the Technical System for the Municipal Center with Electronic Interiors in the amount of $600. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. CONSIDERATION OF CHANGE ORDER NO. 1 FOR TECHNICAL SYSTEMS CONTRACT FOR THE FRIDLEY MUNICIPAL CENTER: Mr. Hunt, Assistant to the City Manager, stated this change order relates to the installation of the A/B switch, screens, and speakers for a total addition of $11,533.00. ' MOTION by Councilman Schneider to approve Change Order No. 1 to the Technical System Contract for the Municipal Center with , s ,� FRIDLEY CITY COUNCIL MEETING OF APRIL 17. 1989 PAGE 9 � Electrosonic Systems, Inc. for $11,533.00. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. CONSIDERATION OF RECEIVING REFERENDUM PETITION NO. 6-1989 AMENDING COUNCIL TERM OF OFFICE, ORDINANCE NO. 919: Ms. Haapala, City Clerk, stated 305 signatures were obtained on this petition. She stated 281 were acceptable, two not acceptable, and 22 persons were not registered voters. She stated in order to submit this to a referendum vote, 298 signatures are required, therefore, there is a defiait of 17 signatures. Councilman Schneider questioned why two signatures were not acceptable. Ms. Haapala stated someone signed two names and the other one she could not read the name and, in checking with the County, nothing in the records matched so she could not accept it. MOTION by Councilman Schneider to receive Petition No. 6-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � Mr. Herrick, City Attorney, stated the State statute is not really explicit and qives some discretion to those who are administering it in that it says certain sections should be followed as closely as practical. He stated what that means is different persons could have reasonable interpretations that are not the same. Mr. Herrick stated Dave Newman gave an opinion that he did not feel the 10 day extension applied to allow additional time to obtain signatures. He stated, speaking for himself, and looking strictly at the wording of the statute, he would agree. Mr. Herrick stated another City Attorney was asked to give a second opinion and it was contrary to Mr. Newman's. He felt if you take a strict interpretation of the statute, you come to one end and if you take a liberal interpretation and, read into the statute, you come to a different conclusion. He felt where there is a question, it probably should be resolved in favor of allowing a vote. He stated there has not been any court interpretation or Attorney General's opinion regarding this statute. He stated when Dave Newman rendered his opinion, he consulted with the Attorney for the League of Minnesota Cities and received advice that concurred with his opinion. He stated when Mr. Goodrich consulted with Mr. Gallagher of the Attorney General's Office, he 1 received a different opinion. Mr. Herrick stated he felt, as an attorney interpreting the wordinq of the statute, he would probably follow the more conservative � � � FRIDLEY CITY COUNCIL MEETING OF APRIL 17, 1989 PAGE 10 interpretation. He stated on the other hand, if he was a member of the Council, he would probably take the more liberal position. He felt it could go either way. Councilman Schneider stated it was the Council's intent to try and obtain as much input as possible. He stated if the Council allows the additional time to obtain the 17 more required signatures, if this would, in any way, be in violation of the statute. Mr. Herrick stated if someone questioned the Council's decision, he felt it was defensible. MOTION by Councilman Billings to allow the 10 day extension, as provided by the Statute, to correct the signature deficiencies and/or obtain the required signatures to place this item on the ballot. Seconded by Councilman Schneider. Councilman Billings stated it was the Council's intent to try and find a vehicle to place this matter before the voters of the City, however, the State statute provides two alternatives. He stated one alternative is to approve it unanimously and create an ordinance or to reject it and send it back to the Charter Commission. He stated the Council did not have an option to send this to a re£erendum vote, the Charter Commission would have to send it to a referendum vote. He stated the Council heard only one person speak against this ordinance. He stated there was a tremendous amount of public relations work on this item. He stated there was no less than 20 different ways the Counoil attempted to obtain public input, not counting the efforts of the individual Council members. He stated he voted to accept the recommendation, as it appeared to be a reasonable request from the Charter Commission, since there was little or no opposition. He stated he is pleased to see a petition because his original intent was to send this to the voters for a referendum vote, but because there was not a vehicle to accomplish this, he voted in favor of the ordinance. He stated it seems everyone on the Council virtually agrees with this concept. Councilman Billings questioned the ten day period and if it is ten days from when the petition was certified or ten days from when it was received by the City Clerk. Mr. Herrick stated the Council is now receiving the petition and felt it would be ten days from this date and the first day would begin tomorrow, April 18, 1989. i1PON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Mr. Frank van Dan stated he would like to thank the Council for their kind regards and the manner in which this petition was _, ;. 1 a�� FRIDLEY CITY COIINCIL MEETING OF APRIL 17, 1989 PAGE 11 ' treated and the extra time allowed. He also thanked the City Clerk and the City Attorney. He stated Shirley Haapala was very kind and courteous in all respects and spent much time checking this petition. Mr. van Dan stated this is a testimony to democraay. He stated most persons signing the petition may have expressed a willingness to go along with the Charter amendment, but felt there was an unanimous response by them to have a chance to vote on it. He stated he would do his best to provide the missing signatures. 13. CLAIMS: MOTION by Councilwoman Jorgenson to authorize payment of Claims No. 25722 through 25914. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. LICENSES• Mayor Nee stated there was a conoern by staff regarding the license £or George's in Fridley. He stated the recommendation is to issue the license for a six month period, instead of one year. Mayor Nee stated he wished to compliment Mr. Nicklow for the � progress made at his establishment over the last several months. Mr. Pribyl, Finance Director, stated the Public Safety Director, Mr. Hill, was concerned with the number of times his department was called to this establishment for assistance. He stated Mr. Hill did meet with the owneX and is recommending a six month conditional license and a review after this time. Mr. Tony Nicklow stated he had problems at his business from elements from North Minneapolis. He stated Mr. Hill has been very helpful in his suggestions to alleviate the problem. Mr. Nicklow stated they have provided more security and a thorough checking of identification cards. Mayor Nee stated if George's in Fridley keeps up their good work, he felt there would be no problem with the license. Mr. Nicklow stated it is to his benefit and his customers to run a good establishment. MOTION by Councilman Fitzpatrick to approve the license renewal for George's in Fridley for a six month period. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � MOTION by Councilman Fitzpatrick to approve the rest of the licenses as submitted and on file in the License Clerk's Office. � � 1 FRIDLEY CITY COUNCIL MEETING OF APRIL 17. 1989 PAGE 12 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. ESTIMATES• MOTION by Councilman Schneider to approve the estimates as submitted: Herrick & Newman, P.A. 6401 University Ave. N.E. Fridley, MN 55432 For Services Rendered as City Attorney For the Month of March, 1989 .......$ 3,524.19 Smith, Juster, Feikema, Malmon & Haskvitz 6401 University Ave. N. E. Fridley, MN 55432 For Services Rendered as City Prosecutor For the Month of December, 1988. .... Civic Center Remodeling Pay Application #7 Through March 31, 1989 $ 8,250.00 $255,420.00 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 Meetinq of the Fridley City Council of April 17, 1989, adjourned at 9:38 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: ��� � William J. Nee Mayor