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10/03/1988 - 00010568, � � �Lr'���� THE MINIITES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOBER 3, 1988 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 Schneider, Councilman Fitzpatrick and Councilman Billings MEMBERS ABSENT: None Mayor Nee stated this meeting marks the end of an era and the beginning of a new era. He stated the City's past City Manager of many years has retired and tonight the Council introduces their choice for the new City Manager, Bill Burns. Mayor Nee stated Bill is from Ohio and he was selected by the Council out of a field of 60 very fine candidates. Dr. Burns stated he feels very fortunate to be in Fridley. He stated everything he has seen has been very positive and Fridley is a fine community. He stated he looks forward to working with the Council, staff, and citizens in continuing the quality of governmental services in the City. SISTER CITY - FOURMIES. FRANCE: Mayor Nee introduced Mr. Marceau Batteux, President of Fridley's Sister City, Fourmies, France. Mr. Batteux stated he is in Fridley to determine what the citizens think about the connection between the United States' independence and the French Revolution. He stated ceremonies commemorating the French Revolution will be held next year in France and wanted to invite the citizens of Fridley to participate. Mayor Nee also introduced Mr. Andre Perron who is associated with the Voice of the North Newspaper in Northern France. ADOPTION OF AGENDA: MoTION by Councilman Schneider to adopt the agenda as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: �.� �:�2 � FRIDLEY CITY COUNCIL MEETING OF OCTOSER 3, 1988 Paae 2 INTRODUCTION OF PLANNING COORDINATOR: Mr. Robertson, Community Development Director, introduced the new Planning Coordinator for the City, Ms. Barbara Dacy. He stated Ms. Dacy comes highly recommended from the City of Chanhassen where she has worked for the last five years as Planning Director. Mayor Nee and the Council welcomed Ms. Dacy to the City of Fridley. OLD BUSINESS: 1. ORDINANCE NO. 917 ADOPTING THE BUDGET FOR FiSCAL YEAR 1989: Mr. Pribyl, Finance Director, stated this ordinance has not changed since the first reading on September 26, 1988. He stated the budget does provide for an increase in tax levy which is in accordance with the Council's wishes to reduce the dependency in the Pund balances. Councilman Schneider asked what affect this budget has on the typical homeowner in regards to the City's portion. Mr. Pribyl stated as far as distribution portion will remain the same. He stated the � changed the computations into tax capacity difficult to provide the actual increases. with a market value of $71,700, the gross percent or $12.00 on the City's gross tax. of taxes, the City's State Legislature has rates and it is very He stated on a home tax would go up 6.38 Councilman Schneider asked when actual figures would be available. Mr. Pribyl stated the County has advised that after the certification date of February 1, solid figures should be available. He stated the figures should be fairly accurate unless the City is obtaining wrong computations from the County. MOTION by Councilman Fitzpatrick to waive the reading and adopt Ordinance No. 917 on the second reading and order publication. Seconded by Councilman Schneider. Councilwoman Jorqenson stated she received a number of calls in regard to the homestead credit and residents asked if taxes would increase by $700 next year. Mr. Pribyl stated he understands one of the key elements of the new tax law is to phase out homestead credit, but an increase in the amount of aid. He stated the net effect remains the same and there should be no change in the phasing out period. ' Councilwoman Jorgenson asked if residents would receive an increase of $700 in property taxes in 1990. Mr. Pribyl stated they should not receive such an increase. _�t. �1i3 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 1988 Page 3 � UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. NEW BUSINESS: 2. RESOLUTIQN NO. 88-1988 CERTIFYING TAX LEVY REQUIREMENTS FOR 1989 TO THE COUNTY OF ANOKA FOR COLLECTION: MOTION by Councilman Fitzpatrick to adopt Resolution No. 88-1988. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION NO. 89-1988 CERTIFYING CERTAIN DELINQUENT WATER AND SEWER CHARGES TO THE COUNTY AUDITOR FOR COLLECTION WITH THE 1989 TAXES: MOTION by Councilman Schneider to adopt Resolution No. 89-1988. Seconded by Councilwoman Jorgenson. upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. RESOLUTION N0. 90-1988 CERTIFYING CHARGES TO THE COUNTY AUDITOR TO BE LEVIED AGAINST CERTAIN PROPERTIES FOR COLLECPION WITH THE TAXES PAYABLE IN 1989 (WEEDS L � MOTION by Councilman Fitzpatrick to adopt Resolution No. 90-1988. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 28, 1988: A. CONSIDERATION OF A SPECIAL USE PERMIT. SP #88-13, TO ALLOW AIITOMOTIVE AGENCIES SELLING OR DISPLAYING NEW AND/OR USED MOTOR VEHICLES, ON PART OF LOT 2, BLOCK 3, EAST RANCH ESTATES SECOND ADDITION, AN ADDITION TO NORTHTOWN NISSAN'S EXISTING INVENTORY, THE SAME BEING 7810 UNIVERSITY AVENUE N.E.: Mr. Robertson, Community Development Director, stated this is a request for a special use permit to expand the outdoor storage to the south of Nissan's existing facility. He stated one of the stipulations recommended by the Planning Commission was to vacate the existing easement for the street, but retain the utility easement. Mr. Robertson presented the site plan which indicated this proposed storage area in blue. He stated some of the perimeter parking has been designed for employee parking and these stalls would be ten ' feet wide and the parking stalls used for storage would be nine feet wide. Mr. Robertson stated the updated drainage plan has been approved ,�,r� ; �� FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 1988 Pa4e 4 ' by the Public Works Department. He called the Council's attention to one of the stipulations recommended by the Planning Commission regarding the automatic irrigation system. He stated it is recommended that no automatic irrigation system be installed to the south until such time as there is development. Mayor Nee felt the City should retain the authority to order this automatic irrigation system be installed, if it becomes necessary. Councilwoman Jorgenson asked why it was recommended the street easement be vacated and not the utility easement. She felt if Nissan ever sold the property to the south, there would be a problem with access. Mr. Flora, Public Works Director, stated the City had an easement from some of the property owners, but not sufficient land for a full width street. He stated since the City does not have sufficient right-of-way for a street, it would be appropriate to vacate the street easement, but maintain the utility easements. He stated if this is done, the two parcels should be combined. Councilwoman Jorgenson stated she wanted to make sure in the event part of the property was sold, there would not be a problem with access at some future date. � Mr. Robertson stated a stipulation could be added that these parcels be combined into one tax parcel. Mr. Herrick, City Attorney, stated if this property is combined into one tax parcel and Nissan, at some future date, wanted to sell these parcels separately, it would be necessary for them to apply for a lot split. He stated the question of accessibility could then be addressed at that time. MOTION by Councilwoman Jorgenson to grant special use permit, SP #88-13, with the following stipulations: (1) install landscaping as per City approved plan by September 23, 1989; (2) install automatic irrigation by September 23, 1989 on the north, east and west sides of the property and on the south side of the property, as deemed necessary by the City; (3) remove tires from northwest corner of lot; (4) all new and used cars must be stored on site (not on any adjacent properties); (5) the fee owner formally requests the City vacate the 30 foot street easement on the site; the 30 foot utility easement would be retained; (6) vehicles cannot be displayed on the boulevard area between the Northtown Nissan parking lot and the University Avenue service drive; and (7) that these parcels all be combined into one tax parcel. Seconded by Councilman Fitzpatrick. � Councilman Billings asked if Nissan was purchasing this property or leasing it. , ��f� ,� J5 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 1988 Page 5 Mr. Pat Ringold, Northtown Nissan, stated they were purchasing the property. Councilman Billings stated there is no formal request before the Council for vacation of this easement. Mr. Robertson stated one of the stipulations of this special use permit was for the fee owner to formally request vacation of the street easement. He stated this vacation would have to be processed through the normal procedures in order to legally vacate the street easement. Councilman Billings stated as he recalled with the Abra development, Mr. Schroer, the property owner, was to combine all parcels into one. He stated if this has been done, the Council would be taking action on a lot split. Mr. Robertson stated he did not believe the parcels were ever combined. Mr. Flora stated Mr. Schroer recently obtained legal ownership of the parcel (shown in blue on this plan) and, therefore, it has not been combined with the other parcel. � Mr. Ringold stated all the paperwork involved in purchasing this property has been given to their corporate attorneys. He stated the attorneys are satisfied that Mr. Schroer is the owner and did not have any problem with proceeding. � Councilman Billings stated his concern is if Mr. Schroer is the owner or what implications there may be if someone else has title to the property. Mr. Herrick stated he was sure Nissan would not purchase the property unless they were satisfied with the title. He stated an ordinance is necessary to formally accomplish the vacation. He felt action on this special use permit need not be delayed, if the City has an application for the vacation from the fee owner. He stated construction on the property would not begin anyway until the purchaser has title. Mr. Herrick stated he would suggest when Nissan becomes the fee owner, they make application for the vacation of the easement and then the special use permit would go into effect so they could proceed with blacktopping the parking area. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning Commission meeting of September 28, 1988. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee , FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 1988 Paqe 6 declared the motion carried unanimously. 6. RESOLUTION NO. 91-1988 RENAMING THAT PART OF RICE CREEK ROAD BETWEEN HIGHWAY 65 AND CENTRAL AVENUE: Mr. Flora, Public Works Director, stated the developers of Moore Lake Commons have requested this part of Rice Creek Road lying between Highway 65 and Old Central Avenue be renamed East Moore Lake Drive N.E. Councilman Schneider asked if any private residences would be affected. Mr. Flora stated only a few businesses located in the Moore Lake Commons development would be affected. MOTION hy Councilman Schneider to adopt Resolution No. 91-1988. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RESOLUTION NO. 92-1988 APPROVING AN AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR INSTALLATION OF OPTICOM ON UNIVERSITY AVENUE: � Mr. Flora, Public Works Director, stated this resolution would authorize the City to enter into an agreement with the Minnesota Department of Transportation for installation of emergency vehicle traffic control pre-emption systems. He stated this system would be installed on University Avenue at the intersections of 49th Avenue, 53rd Avenue and I-694. � MOTION by Councilman Fitzpatrick to adopt Resolution No. 92-1988. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. CONSIDERATION OF A RESOLUTION REOUESTING THE STATE OF MINNESOTA TO PROVIDE FUNDING TO SUPPORT SOLiD WASTE ABATEMENT ACTIVITIES SPONSORED BY LOCAL GOVERNMENTS: MOTION by Councilman Fitzpatrick to table this item. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated when this resolution is re-submitted to the Council, James Kordiak's name should be added to receive a copy of the resolution. 9. CONSIDERATION OF APPROVING ADMINISTRATIVE PROCEDURES FOR PAY APPLICATIONS AND CHANGE ORDERS FOR THE FRIDLEY CIVIC CENTER: Mr. Robertson, Community Development Director, reviewed the pay application procedure in conjunction with the Civic Center �b _�+�b� �J �� ��1; d FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3. 1988 Paae 7 � construction. He explained that individual contractor invoices will be submitted to Bossardt Christenson for approval and they would prepare three pay applications, one each for the Fire Station, Civic Center and Plaza Ramp. xe stated the pay application form will be the AIA Form G702/703 and aopies will be submitted for disbursement to all interested parties. Mr. Robertson stated Boarman and Associates and Bossardt Christenson will review completed pay applications and, when approved, Bossardt Christenson will submit them to the City for payment. He stated the City shall receive the original invoices and any copies required, and an invoice summary prepared by Bossardt Christenson shall accompany the invoices. He stated it is anticipated the pay applications would be submitted to the Council at their second meeting of the month. Councilman Schneider asked how many of these invoices the Council would receive each month. Mr. Ron Christenson, Bossardt Christenson, stated probably around 30 per month. Mr. Robertson explained the change order process. He stated the architect, Boarman and Associates, will prepare a written proposal request based either on the City's request for change or architect's directive. He stated Bossardt Christenson will issue � the proposal request to all contractors involved who will approve it with the cost estimates. He stated when all costs associated with this request are received, Bossardt Christenson will present the costs to Boarman and Associates and the City. He stated Bossardt Christenson will draft corresponding change orders to each individual contractor pertaining to the specific proposal request. He stated the City staff will then present the proposal request to the Council for approval or rejection. Mr. Robertson stated if the change order is approved, it would show an amended contract amount. Mr. Christenson, Bossardt Christenson, stated the change order will specifically desaribe the change and each contractor that is involved. Mr. Robertson reviewed the procedure when immediate action is required and approval of the change order cannot wait until the next Council meeting. He stated the Council has given the City Manager discretionary authority to immediately authorize the work to proceed if it does not exceed $10,000. He stated the City Manager would authorize the work and the change order would proceed and be presented at the next Council meeting. He stated if there was a problem where the $10,000 ceiling would be exceeded, a special meeting of the Council would be scheduled. Councilman Schneider felt it would be helpful to have a summary of � the total amount of change orders issued for the Fire Station, Civic Center and Plaza Ramp and the total amount remaining in the contingency fund. �/LIY {�l,J FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 1988 Pacte 8 � Councilwoman Jorgenson stated an update on a bi-weekly basis as to whether or not the project is on schedule would be beneficial. Councilman Schneider felt a short narrative on what has been accomplished in the last week and what would be happening in the next several weeks should be included. Mr. Robertson stated this has been occurring for the last several months. He stated a weekly report is received from Bossardt Christenson on each of the contract items. MOTION by Councilman Billings to approve the pay application/change order process as submitted by staff. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RESOLUTION NO. 93-1988 DESIGNATING POLLING PLACES AND APPOINTING ELECTION JUDGES FOR THE NOVEMBER 8. 1988 GENERAL ELECTION: Mrs. Shirley Haapala, City Clerk, stated this resolution is to appoint election judges. She stated the judges have been selected from both the DFL and IR lists in accordance with State Statutes. � Councilman Schneider asked the salaries for the election judges. Mrs. Haapala stated the judges receive $4 per hour and the Head Judge receives $5 per hour. Councilwoman Jorgenson asked if all the judges were female. Mrs. Haapala stated the election judges can be either male or female and that she had received an inquiry from a gentleman regarding serving as a judge. MOTION by Councilman Fitzpatrick to adopt Resolution No. 93-1988. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated he and the Council felt Mrs. Haapala does a terrific job in supervising the elections. 11. CONSIDERATION OF A SUBGRANTEE AGREEMENT WITH ANOKA COUNTY FOR 1988 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: Councilwoman Jorgenson stated she would abstain from voting on this item. MOTION by Councilman Schneider to authorize entering into the Subgrantee Agreement with Anoka County for 1988 Community ' Development Block Grant Projects. Seconded by Councilman Fitzpatrick. Upon a voice vote, Councilman Schneider, Councilman Fitzpatrick, Mayor Nee and Councilman Billings voted in favor of _��L, I,7 � ' FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 1988 Paae 9 the motion. Councilwoman Jorgenson abstained from voting on the motion. Mayor Nee declared the motion carried. 12. RESOLUTION NO. 94-1988 TO MINNESOTA CONGRESSIONAL DELEGATION IN SUPPORT OF CERTAIN AMENDMENTS TO HR-2530: MoTION by Councilman Schneider to adopt Resolution No. 94-1988. Seconded by Councilwaman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING OF MAY 23, 1988• MOTION by Councilman Billings to receive the minutes of the Charter Commission Meeting of May 23, 1988. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. CLAIMS: MOTION by Councilman Billings to table the claims. Seconded by Councilwoman Jorgenson. Councilman Billings stated the Council did not receive a copy of the claims. Mr. Pribyl, Finance Director, stated if the claims are tabled, there could be a problem with the City meeting the statutes of limitation as far as paying some of the claims. Councilman Billings withdrew his motion, with the permission of his seconder, Councilwoman Jorgenson. MOTION by Councilman Billinqs to approve Claims No. 22686 through 22804. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. LICENSES• MOTION by Councilwoman Jorgenson to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. ESTIMATES: MOTION by Councilman Schneider to approve the estimates: Herrick & Newman, P.A. � 6401 University Ave., N.E. Fridley, MN 55432 � � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3. 1988 Page 10 For Services Rendered as City Attorney For the Month of September, 1988 TKDA 2500 American National Bank Bldg. St. Paul, MN 55101 Commons Park Filtration Plant Project No. 162 Partial Estimate C.S. McCrossan, Inc. P.O. Box 1240 Maple Grove, MN 55369 Street Improvement Project No. ST. 1988 - 1& 2 Estimate No. 5 Shank Mechanical 3501 - 84th Ave. Minneapolis, MN 55443 Commons Park Filtration Plant Project No. 162 Estimate No. 10 $ 2,324.00 $ 1,225.00 $39,050.06 $82,735.00 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 Meeting of the Fridley City Council of October 3, 1988 adjourned at 8:45 p.m. Respectfully submitted, �!',�,-4 y��,��� Carole Haddad Secretary to the City Council Approved: _r�la � iJ �,, � �/( � , � r� f�,�f�r.j��✓ �� � �� William J. Nee Mayor