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11/21/1988 - 00010529� � �L�� � a 7� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 21, 1988 The Regular Meeting of the Fridley City Council was called to order at 7:39 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Alleqiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilman Billings, Councilman Fitzpatrick, Councilman Schneider and Councilwoman Jorgenson MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING, NOVEMBER 7, 1988: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SPECIAL COUNCIL MEETING, NOVEMBER 14, 1988: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as presented. Seconded by Councilman Fitzpatrick. 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. ALL PARK'S ALLIANCE FOR CHANGE RE: MOBILE HOME PARKS: No one was present representing this organization tabled to December 19, 1988. NEW BUSINESS• � This item was � � I� sJ��4(� FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 1988 PAGE 2 1. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 9. 1988: A. CONSIDERATION OF A PRELIMINARY PLAT AND SETTING A PUBLIC HEARING FOR P.S. #88-01, TO CREATE TRACTS A, B. C AND D FROM THE EXISTING LEGAL DESCRIPTION. GENERALLY LQCATED SOUTH OF 73RD AVENUE, EAST OF CENTRAL AVENUE. NORTH OF 69TH AVENUE AND WEST OF STINSON BOULEVARD. BY ONAN CORPORATION: Mr. Matt Hyde, attorney tor Onan Corporation, stated he was present in case the Council had any questions. He stated this plat arises out of an environmental problem and that he tried the case in Anoka County in 1984. He stated Onan is trying to sort out the property tax evaluation issues and this plat serves a purpose in resolving these issues with the City, County, and State Pollution Control Agency. MOTION by Councilman Schneider to set the public hearing on this plat for December 19, 1988. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. RESOLUTION NO. 102-1988 APPROVING A LOT SPLIT, L.S. #88-06, TO SPLIT OUTLOT B INTO TWO SEPARATE PARCELS FOR FUTURE COMBINATION TO ADJACENT PARCELS IN THE PLAT OF GREAT NORTHERN INDUSTRIAL CENTER, GENERALLY LOCATED NORTH OF 53RD AVENUE, EAST OF EAST RIVER ROAD AND SOUTH OF I-694, BY WICKE3 COMPANIES: Ms. Barbara Dacy, Planning Coordinator, stated this is a request for a lot split for property located in the southeast corner of I- 694 and East River Road. She stated the proposal is to split Outlot B in the Great Northern Industrial Center into two separate paraels. She stated this outlot is now owned by Burlington Northern Railroad and Wickes wishes to purchase a portion of the outlot. Ms. Dacy stated the Planning Commission recommended approval of this lot split with the following stipulations: (1) Parcel B to be combined with Burlington Northern property to the south and a railroad easement be reserved over Parcel B in order to provide rail access to the properties north and south; (2) Wickes Companies, Inc. combine Parcel A with Lots 2- 5, Block 1, Great Northern Industrial Center; and (3) utility easements be reserved on Outlot B if needed. MOTION by Councilman Fitzpatrick to adopt Resolution No. 102-1988 with the following stipulations; (1) Parcel B to be combined with Burlington Northern property to the south, and a railroad easement �.)� °�1 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21. 1988 PAGE 3 � be reserved over Parcel B in order to provide rail aocess to the - properties north and south; (2) Wickes Companies, Inc. combine Parcel A with Lots 2- 5, Block 1, Great Northern Industrial Center; and (3) utility easements be reserved on Outlot B if needed. Seconded by Councilman Schneider. Councilman Billings asked if stipulation No. 3 was necessary and when it would be determined if utility easements are needed. Ms. Dacy stated the electrical and phone companies have been contacted and if utility easements are needed, they would be executed before this lot split is recorded. Councilman Billings asked if this procedure was acceptable. Mr. Newman, Assistant City Attorney, stated if the Council is uncomfortable with the wording of this stipulation, it could be changed to indicate utility easements will be reserved, if requested by any public utility. He stated staff is trying to protect the interests of the public utility companies. Councilman Billings stated he did not want the City to be put in the middle and become a party to something in the future. � Councilman Schneider stated he did not feel it was the City's responsibility to protect the interests of the utility companies. Councilwoman Jorgenson asked when the utility companies were notified. Ms. Dacy stated about two weeks ago and, to date, she has not received a reply. MoTION by Councilman Schneider to amend the above motion by deleting Stipulation No. 3. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to receive the minutes of the Planning Commission meeting of November 9, 1988. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. RESOLUTION NO. 103-1988 REOUESTING THE STATE OF MINNESOTA TO ESTABLISH MANDATE REFORMS: AND RESOLUTION NO. 104-1988 REQUESTING THE STATE OF MINNESOTA ' PROVIDE FUNDING TO SUPPORT SOLID WASTE ABATEMENT ACTIVITIES SPONSORED BY LOCAL GOVERNMENTS: ��" 42 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 1988 PAGE 4 ' MOTION by Councilman Schneider to adopt Resolution No. 103-1988. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to adopt Resolution No. 104-1988. Seconded 1�y Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. CONSIDERATION OF CHANGE ORDERS 1& 2 F'OR ADDITIONAL SECURITY AT FRIDLEY PLAZA RAMP: Mr. Robertson, Community Development Director, stated at the September Housing and Redevelopment Authority meeting, there was concern that adequate security be provided at the Fridley Plaza Parking Ramp. He stated staff was directed to draw up additions to the plans. Mr. Robertson stated at the November Housing and Redevelopment Authority meeting, the HRA adopted a budget of $40,040 for possible future security measures. Mr. Robertson stated Change order No. 1 is to provide seven poured concrete light pole bases in the amount of $700 and Change order No. 2 is to add rough-in piping for future light poles, cameras, signs, and pull boxes for future security systems plus two light , fixtures and one stair light in the amount of $8,275. MOTION by Councilman Billings to authorize Change Orders No. 1 and 2 in the amounts of $700 and $8,275 for additional security in the Fridley Plaza Ramp. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee deolared the motion carried unanimously. Mayor Nee questioned why the north side of the underground garage is open. Mr. Robertson stated, according to the Building Code, if it is enclosed, it would mean a mechanical ventilation system would need to be installed. He stated it was felt it would be easier to remove the snow than operating and maintaining the mechanical ventilation equipment. Councilman Schneider asked if this was discussed with the Housing and Redevelopment Authority and Mr. Robertson stated it was not. 4. RECEIVING $IDS AND AWARDING THE CONTRACT FOR WATER, SANITARY AND STORM SEWER PROJECT NO. 183: MOTION by Councilwoman Jorgenson to receive the following bids for Water, Sanitary and Storm Sewer Project No. 183: Volk Sewer & Water � 8909 Bass Creek Court Brooklyn Park, MN 55428 $34,093.00 � � � i�(�•�� FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 1988 PAGE 5 Glendale Contracting, Inc. 3030 Harbor Lane Plymouth, MN 55441 Old is Gold Construction 14424 Prairie Road Andover, MN 55304 American Contracting 11661 Eagle St., N.W. Coon Rapids, MN 55433 Burschville Construction, Inc. 11440 8th St., N.E. Hanover, MN 55341 Thomas Contracting 14855 Lake Drive Forest Lake, MN 55025 F.M. Frattalone Excavating & Grading 3066 Spruce Street St. Paul, MN 55117 O & P Contracting 10650 State Highway #152 Maple Grove, MN 55369 Ro-SO Contracting, Inc 7137 20th Avenue North Centerville, MN 55038 Bonine Excavating 12669 Meadowvale Road Elk River, MN 55330 36,971.00 37,049.50 37,712.55 39,362.00 45,703.00 45,864.00 48,403.00 53,177.00 56,364.58 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated bids were opened for this project on November 9. He stated Volk Sewer and Water was the low bidder in the amount of $34,093, and would recommend the bid be awarded to them. Councilman estimate. $40�000. Billinqs asked if this bid was within the engineer's Mr. Flora stated the estimate was between $35,OD0 to MOTION by Councilwoman Jorgenson to award the bid for Water, Sanitary and Storm Sewer Project No. 183 to the low bidder, Volk v� p `I �I FRIDLEY CITY COUNCIL MEETTNG OF NOVEMBER 21. 1988 PAGE 6 � Sewer and Water in the amount of $34,093. Seconded by Councilman Sohneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RECEIVING PETITION NO. 24- 988 RE UESTING WATER FACILITIES BE EXTENDED TO SERVICE CERTAIN PROPERTIES; MOTION by Councilman Fitzpatrick to receive Petition No. 24-1988 for water lateral and services to be provided for Lots 11, 12 and 13, Block 1, Springbrook Park Second Addition. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated the City will be obtaining quotes to install the line this fall. 6. RESOLUTION N0. 105-1988 TO ADVERTISE FOR BIDS FOR ONE (1) 2.25 CUBIC YARD FOUR-WHEEL DRIVE ARTICULATED RUBBER-TIRED TRACTOR/LOADER• Mr. Flora, Public Works Director, stated this equipment has been authorized in the 1989 budget and in order for it to be available for the 1989 construction season, it is requested the Council adopt � this resolution to authorize advertising for bids. He stated it is hoped that the purchase can be made in early 1989. MOTION by Councilman Schneider to adopt Resolution No. 105-1988. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RESOLiTTION NO. 106-1988 TO ADVERTISE FOR BIDS FOR ONE (11 REMANUFACTURED, SELF-PROPELLED STREET SWEEPER: Mr. Flora, Public Works Director, stated this equipment has been authorized in the 1989 budget and in order for it to be available for the 1989 construction season, it is requested the Council adopt this resolution to authorize advertising for bids. He stated it is hoped that the purchase can be made in early 1989. MOTION by Councilman Schneider to adopt Resolution No. 106-1988. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. CONSIDERATION OF A PROPOSED CABLE TELEVISION AGREEMENT BETWEEN ACCW AND THE CITY FOR 1989: Mr. Hunt, Assistant to the City Manager, stated in this proposed agreement between the City and the Anoka County Communications � Workshop (ACCW), a 50f50 split of the revenues from the franchise fee is being recommended. He stated the ACCW would receive half of the franchise fees for their operations and the other half would � �. J � I i � �IC���� FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 1988 PAGE 7 be used by the City for Channel 31 and the expenses of the Cable Television Commission. Mr. Hunt stated the estimated revenue has been updated due to an increase in the fees. He stated he probably has been a little more conservative in his estimates than what was estimated by the ACCW. Councilman Schneider wondered if, in the future, a fixed amount should be established rather than have it tied to the franchise fee. Mr. Paul Kaspszak, representing the ACCW, stated he felt the funds should probably come from the franchise fee. He stated it would be nice to have a fixed percentage, but he is trying to be realistic as changes may have to be made in the future due to the many changes in the cable industry. Councilman Schneider felt perhaps this should be viewed as another budget request and considered in the budgeting process where a certain amount is approved, as opposed to a percentage of an estimated revenue. Mr. Kaspszak stated he felt this decision would be at the Council's discretion. Mayor Nee felt the Council should probably be reviewing priorities and possibly not get locked into a rigid allocation of this revenue. Councilman Schneider felt perhaps this is the approach that should be taken next year. He stated whatever the ACCW felt they would need would be requested and considered in the budgetary process. MOTION by Couttcilman Fitzpatrick to authorize the cable television agreement between the ACCW and the City for 1989 which provides the ACCW with 50$ of the £ranchise fee paid to the City by the cable company. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RESOLUTION N0. 107-1988 AUTHORIZING AN INCREASE IN COMPENSATION FOR FRIDLEY CITY EMPLOYEES: MOTION by Councilman Schneider to adopt Resolution No. 107-1988. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RESOLUTION NO. 10$-1988 APPROVING AN AGENT'S INSURANCE SERVICE AGREEMENT WITH T.C. FIELD AND COMPANY: Mr. Hunt, Assistant to the City Manager, stated for the past three years, the City has had an insurance service aqreement with T.C. � � �. �t' ��6 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21. 1988 PAGE 8 Field and Company. He stated this has proved to be a very beneficial arrangement for the City and would recommend it be renewed. Mr. Hunt stated T. C. Field and Company has agreed to commit themselves to the same service agreement the City had for the last three years for an additional three years and at the same cost of $19,721 per year. Mr. Olson, Vice President of T. C. Field and Company, stated it has been a pleasure and privilege to serve the City of Fridley for the past three years. He stated they service ten other cities, but the support they receive from Fridley's staff has been outstanding. Ae stated whenever they request information, the response has been one of cooperation and he felt they have an excellent rapport with the City staff. Mr. Olson stated the dividends received from the League's trust is due to the fine work of the City's staff. Mr. Olson stated their fee covers a total package of all costs including placement, loss analysis, and loss control. He stated they are continually looking at other possibilities to place the City's insurance for the best possible coverage. MOTION by Councilman Billings to adopt Resolution No. 108-1988. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RESOLUTION NO. 109-1988 AGAINST APPROVAL OF THE PETITION FOR A CHARITABLE GAMBLING PERMIT BY MINNESOTA THERAPEUTIC CAMP. INC.: Mr. Newman, Assistant City Attorney, stated the City staff has been advised by the State of an application for a charitable gambling permit by the Minnesota Therapeutic Camp, Inc. in order to sell pull-tabs at Holiday Plus in Fridley. He stated the ordinance addresses the sale of pull-tabs at on-sale liquor establishments and this request would be outside the scope of the ordinance. Mr. Newman stated the Council, in the past, has received applications to allow pull-tabs in places other than on-sale liquor establishments and has denied such applications. Mr. Larry Iiennig, Gambling Manager for the Minnesota Therapeutic Camp, Inc. , stated the Holiday Stations has for the last three years been affiliated with their camp at Brainerd, Minnesota for mentally retarded of all ages. He stated the camp is operated year around and is free to all Minnesotans. Ae stated in order to raise funds they conduct golf, tennis, and trapshooting events. He stated they also raise funds through charitable gambling. Mr. Hennig stated Holiday Plus Stores wishes to help the camp and � is offering space in their store for a booth where pull-tabs could be sold. He stated when he filed the application for the permit, he was not advised about the regulation of pull-tabs only in on- , ' ���� � r FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 1988 PAGE 9 sale liquor establishments. He stated he is requesting a variance of this requirement in order to be allowed to sell the pull-tabs and assist their facility at Brainerd. Mr. Newman stated staff does not have any problem with Mr. Hennig's organization who would benefit from the pull-tab sale, but with the intent of the ordinance. Mayor Nee stated there is no question of the validity of his organization, but rather if the Council wants pull-tabs in every location in the City. Councilman Billings asked how many pull-tab operations Minnesota Therapeutic Camp, Inc. now operates. Mr. Hennig stated they operate in 19 locations. Councilman Billings asked if they are located in any other Holiday Plus Stores. Mr. Hennig stated this was going to be their flagship. Mr. Hennig felt people who do not frequent liquor establishments may want to purchase pull-tabs. He stated Holiday Stores is trying to help them in their cause by donating space for the pull-tab operation. Councilman Billings asked if the statute specifically states that the only place the City allows pull-tabs is in liquor establishments. Mr. Newman stated he was informed by staff that, in the past, these activities were restricted to on-sale liquor establishments. He stated the ordinance does not specifically prohibit them in other uses. He stated he believes restricting this activity to on-sale liquor establishments falls within the confines of the statute. xe stated one of the key criteria is that the Council should be consistent in the enforcement of the ordinance. Councilwoman Jorgenson stated she believed it was the intent of the Council to have pull-tabs in liquor establishments where they would not be accessible to children. She stated there are many children who patronize the Holiday Plus Store. Councilman Schneider stated he is sure their organization is worthy and hoped Mr. Hennig did not think a negative vote is a reflection on the organization. Councilman Billings stated he would vote against this resolution, but wanted the Council members to know this vote against is not a ' vote in opening up the City to all out gambling. He stated by the recent actions of Minnesota voters, they are in favor of opening _ up gambling in the State. He stated in his mind, it appears there � � ' �►i"-�$ FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 1988 PAGE 10 is a very good chance the lottery will become a fact of life in the State and people will be going to grocery stores to purchase lottery tickets. Councilman Sillings stated he would rather see the money go to an organization such as this rather than some foolhardy plan of the Governor's such as the chopstick factory where no chopsticks have ever been shipped. MOTION by Councilwoman Jorgenson to adopt Resolution No. 109-1988. Seconded by Councilman Schneider. Councilman Schneider stated Councilman Billings makes a valid point, but he did feel a vote against this resolution is a vote to open up pull-tab operations in the City. He stated Council could not deny the next persox� a permit for a pull-tab operation if it was for another worthy cause, if this one was approved. Councilwoman Jorgenson asked Mr. Hennig if all their pull-tab operations were in grocery or liquor establishments. Mr. Hennig stated most were in liquor establishments. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick and Mayor Nee voted in favor oP the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. 12. CLAIMS• MOTION by Councilman Schneider to authorize payment of Claims No. 23376 through 23626. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. LICENSES: MOTION by Councilman Sillings to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. ESTIMATES• MOTION by Councilman Fitzpatrick to approve the estimates as submitted: Sevcon, Inc. Route 1, Box 330 Cokato, MN 55321 Moore Lake West Basin Aerator Project No. 184 Estimate No. 1 . . . . . . . . . . . . . $ 13,154.60 z�t �'�� FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 1988 PAGE 11 ' Civic Center Remodeling - Pay Application #2 Invoices through October 31, 1988. .....$360,520.00 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilman Schneider. 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 21, 1988 adjourned at 8:46 p.m. Respectfully submitted, �- ��/�� � �. ������.� �� �� � `�L"L�� -�r-t�� d �,� Carole Haddad William. J Nee Secretary to the City Council Mayor Approved ' '