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02/27/1989 - 00006794� � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 27, 1989 The Regular Meeting of the Fridley City Council was called to order at 7:45 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, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick and Councilman Billings MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING, FEBRUARY 13, 1989: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: The following item was added to the agenda: (20) Consideration of Receiving Bid and Awardinq Contract for Hollow Metal Doors for the Police Detention Facility. MOTION by Councilman Schneider to adopt the agenda with the above addition. Seconded by Councilwoman Jorgenson. 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. PUBLIC HEARING• 1. PUBLIC AEARING ON A FINAL PLAT, P.S. #88-03, GLACIER PARK COMPANY ADDITION, BEING A REPLAT OF THAT PORTION OF LOT 3, AUDITOR'S SUBDIVISION NO. 79, GENERALLY LOCATED AT 5110 MAIN STREET N.E.. BY API SUPPLY COMPANY: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Counailman FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 1989 PAGE 2 � Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:50 p.m. Ms. Dacy, Planning Coordinator, stated this request involves the replat of a portion of Lot 3, Auditor's Subdivision No. 79, generally located at 5110 Main Street N.E. She stated the replat is needed in order for the petitioner to mortgage their building located at this site. Ms. Dacy stated the property is about 18 acres and zoned M-2. She stated the property was originally owned by Burlington Northern, Inc. and recently sold to Glacier Park Company. She stated Glacier Park Company will own both of the lots to be subdivided, but will lease the northern lot (Lot 1) to API Supply Company and the other lot will be vacant. Ms. Dacy stated the Planning Commission recommended approval of this lot split with two stipulations regarding the park £ee and a bikeway/walkway easement. No persons in the audience spoke regarding this proposed plat. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting � aye, Mayor Nee declared the motion carried unanimously. OLD BUSINESS• CONSIDERATION OF A LOT SPLIT. L.S. #88-07 TO CREATE A SEPARATE PARCEL FROM AUDITOR'S SUBDIVISION NO. 94 TO BE DESCRIBED AS THE SOUTH 140.00 FEET OF THE WEST 150.00 FEET OF LOT 7, SUBDIVISION OF LOT 10, EXCEPT THE WEST 75.00 FEET THEREOF. GENERALLY LOCATED AT 1300 SKYWOOD COURT N.E., BY WILLIAM SHIELDS: (TABLED 2/13/89 L AND RESOLUTION NO. 23-1989 APPROVING A SUBDIVISION, LOT SPLIT, L.S. #88-07, TO CREATE A SEPARATE PARCEL FROM AUDITOR'S SUBDIVISION NO. 94 TO BE DESCRIBED AS THE SOUTH 140.00 FEET OF THE WEST 150.00 FEET OF LOT 7. SUBDIVISION OF LOT 10, EXCEPT THE WEST 75.00 FEET THEREOF, GENERALLY LOCATED AT 1300 SKYWOOD COURT N.E.: Ms. Dacy, Planning Coordinator, stated it was discovered at the last meeting that this parcel to be split would need a variance as the lot would only be 75 feet wide, instead of the required 8D foot width for a corner lot. She stated this lot split was previously approved in 1964, but was never recorded and is again before the Council for consideration. � Ms. Dacy stated the Chairman of the Planning Commission was contacted to determine if the question of the five foot variance should be submitted to the Planning Commission. She stated he did FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 1989 PAGE 3 � not feel it was necessary. Ms. Dacy stated the Planning Commission has recommended approval of this lot split with three stipulations which she outlined and are attached to the resolution as Exhibit A. Councilman Billings stated one of his concerns is if there is enough space, when the driveway is moved onto the larger lot, for ingress on the east side. Mr. Shields stated he may have to trim a tree, but he has plenty of room. He stated he did not feel the line was correct and knew where his driveway was located and would move it off. Councilman Billings stated one of the main reasons he requested this item be tabled at the last meeting was because if the lot split was approved, it would create a substandard lot. He stated after much thought and another look at the site, it seems the most logical thing to do is to approve this lot split with the 75 foot lot because it is the highest and best use of that particular piece of property. Ms. Dacy stated the proposed lot does function as a separate lot � and because an adequate buildable area is achievable, denying the variance would be forcing under-utilization of the subject property. She stated granting the five foot variance would not be causing an overcrowded condition. Ms. Dacy stated the subdivision ordinance permits the Council to grant a variance to the ordinance requirements if the variance would not be contrary to the intent and purpose of the subdivision ordinance or other applicable regulations. She stated the City Attorney has reviewed this application and agrees with the staff's analysis. MOTION by Councilman Billings to adopt Resolution No. 23-1989 approving L.S. #88-D7 and, further, to grant the five foot variance to reduca the lot width from 80 to 75 feet. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. ORDINANCE NO. 920 RECODIFYING THE FRIDLEY CITY CODE BY AMENDING APPENDIX F TO PROVIDE FOR THE ADJUSTMENT OF SALARIES FOR THE MAYOR AND COUNCIL MEMBERS IN ACCORDANCE WITH SECTION 2.07 OF THE CHARTER OF THE CITY OF FRIDLEY: MOTION by Councilman Schneider to waive the reading and adopt Ordinance No. 92o on the second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' NEW BUSINESS• a � � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27. 1989 PAGE 4 4. CONSIDERATION OF AN AGREEMENT WITH SCHOOL DISTRICTS TO TURN BACK REFERENDUM LEVIES: Mr. Pribyl, Finance Director, stated this agreement with the School Districts has been drafted by Mr. James O'Meara. He stated it is in regard to turning back referendum levies in conjunction with tax increment districts. He stated the agreement provides some safety in regard to the inclusion of the City's pre-1979 Districts. He stated if a future court decided the pre-1979's were not to be included in this type of return, the agreement allows for the return of those levies back to the Housing and Redevelopment Authority. Mr. Pribyl stated the agreement has been previously discussed with the Council and approved by the Housing and Redevelopment Authority at their last meeting. He stated the HRA requested the agreement be forward to the Council for approval. He stated if Council approves the agreement, it would be submitted to each of the School Districts for their approval. Mr. Pribyl stated if the agreement is executed, the City when receiving tax settlements would forward the School Districts' portions to them. He stated there may, however, be some delinquencies. He stated the return to the School Districts which includes taxes payable in 1988 are as follows: School District #11, $4,711.25; School District #13, $5,754.92 and School District #14, $56,013.08 or a total of $66,479.24. He stated the estimates for 1989 are as follows: School District #11, $4,711.25; School District #13, $5,754.92 and School District #14, $104,067.80 or a total of $114�533.97. Mr. Burns, City Manager, stated he has spoken with Dr. Rens in regard to this agreement and it meets with his approval. MOTION by Councilman Schneider to authorize the Mayor and City Manager to enter into agreements with School Districts No. 11, 13, and 14 for the return of tax increment monies. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Jim Furgason, Chairman of the School Board for District #14, expressed his thanks to the Council in working through this process. He stated it has been a long process for both the City and School Board and appreciated the Council's action. 5. RESOLUTION N0. 24-1989 ORDERING IMPROVEMENT AND FINAL PLANS � AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: WATER. SANITARY SEWER AND STORM SEWER PROJECT NO. 188: FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27. 1989 PAGE 5 � Mr. Flora, Public Works Director, stated this resolution is to approve the final plans and specifications for water, sanitary sewer and storm sewer for the Northco plat. MOTION by Councilman Billings to adopt Resolution No. 24-1989. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. RESOLUTION NO. 25-1989 ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: WATER, SANITARY SEWER AND STORM SEWER PROJECT NO. 188: MOTION by Councilman Billings to adopt Resolution No. 25-1989. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RESOLUTION NO. 26-1989 ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT NO. ST. 1989-1: Mr. Flora, Public Works Director, stated this resolution pertains to the streets for the Northco plat. � MOTION by Councilman Billings to adopt Resolution No. 26-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. CONSIDERATION OF AN AMEN�MENT TO DEVELOPMENT AGREEMENT FOR VANTAGE COMPANIES: Mr. Robertson, Community Development Director, stated the City entered into a development agreement with Vantage Companies in March of 1986 for parcels of land between 81st and 83rd Avenues on the west side of University. He stated Section 4.4 of the development agreement states "that on the southeast parcel there shall not be located or constructed any business or building that engages in automotive or motor vehicle repairs or services or that sells gasoline, fuels or motor vehicle parts." He stated Vantage Companies would like to develop a 9,200 square foot shopping center on that parcel containing a Texaco "C" store, with gas pumps, which would occupy 2,600 square feet of the center. Mr. Robertson stated in researching the background, Mr. Newman, Assistant City Attorney, was contacted as he was present when this language was drafted. He stated he is of the opinion that the proposed Texaco convenience store represents the type of use the Council intended to prevent. He stated it is staff's opinion the present language clearly prohibits this type of proposed use. He ' stated if the Council wishes to allow this use, the development agreement would have to be amended. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 1989 PAGE 6 � Mr. Tom Roberts, Vice President and Manager of the Minneapolis Retail Division for Vantage Companies, stated Texaco approached Vantage Companies to construct a convenience store with gas pumps and a canopy on their site at 81st and University. He stated he is not here to debate the language in the development agreement, but to obtain input from the Council. He stated the proposed convenience store would occupy about 2,600 square feet or 25 percent of the total development of this shopping strip. He stated they intend to construct buildings that are aesthetically pleasing and harmonious to the area. He stated a cleaners is proposed to be located in this center and there would be room for about three other tenants. Mr. Roberts stated before Vantage Companies proceeded any further, they wished to determine what the Council foresees for this property. Councilman Billings stated he was not a member of the Counail at the time the development agreement was executed, but has done extensive research on this question. He thanked Vantage Companies for approaching the Council before proceeding with any final plans. He stated the Council is trying to get away from automotive type businesses along University Avenue as it is the City's "Main � Street." Councilman Billings stated the HRA is proposing a considerable amount of improvements along University Avenue which will be beneficial to the City. Mr. Roberts stated he felt a shopping strip would be more aesthetically pleasing than, for instance, a free-standing restaurant on this outlot and would allow a broader tax base. Councilman Billings stated he did not have a problem with a cleaners or convenience store, as long as there is no selling of gasoline. He stated it may not be economically feasible today to construct a strip mall, without the sale of gasoline, but this situation may change. He stated developers are in the market for today, but whatever is constructed on the site remains in the City forever. Mr. Roberts stated Vantage Companies would construct a quality project and felt they have proven themselves with the other construction in this area. Councilman Schneider stated the Council was very specific when Vantage Companies began construction and there was a lot of negotiation on the exterior finish of the Wholesale Club. He stated he would not favor the Texaco proposal for this parcel. ' Mr. Roberts stated McDonald's is going to relocate and they are looking at this parcel or another one in Fridley. He stated if the Council prefers a McDonald's on this site, Vantage Companies � � � FRIDLEY CITY COUNCIL MEETING QF FEBRUARY 27 1989 PAGE 7 would not lose any money because they would sell to McDonald's. Mr. Burns, City Manager, stated the Council's concern is broader than Vantage�s property. He stated to allow a gas station contradicts other efforts being undertaken to make improvements to University Avenue. Councilman Billings felt, at this point, he did not wish to propose an amendment to the development agreement. MOTION by Councilman Billings to table indefinitely. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. CONSIDERATION OF SETTING A PUBLIC HEARING FOR A VACATION, SAV #89-01, BY WBDH REALTY. NORTHTOWN NISSAN. FOR MARCH 20. 1989: MOTION by Councilman Billings to set the public hearing for March 20, 1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RESOLUTION N0. 27-1989 ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT NO. ST. 1989-2: MOTION by Councilman Fitzpatrick to adopt Resolution No. 27-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RESOLUTION NO. 28-1989 ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT NO. ST. 1989-2. ADDENDUM NO. 1: MOTION by Councilman Billings to adopt Resolution No. 28-1989. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. RESOLUTION NO. 29-1989 ORDERING IMPROVEMENT AND APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT PROJECT NO. ST. 1989-1 AND ST. 1989-2: MOTION by Councilman Billings to adopt Resolution No. 29-1989. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RESOLUTION NO. 30-1989 AUTHORIZING E}CECUTION OF A LOAN AGREEMENT WITH THE STATE OF MINNESOTA FOR PORTABLE BREATH TESTING INSTRUMENTS: Mr. Jim Hill, Public Safety Director, stated this resolution would authorize the execution of a loan agreement with the State for � � � FRIDLEY CITY COUNCIL MEETING OF FESRUARY 27. 1989 PAGE 8 portable breath testing instruments. He stated it is, basically, a housekeeping item with the last resolution on the same subject passed on February 27, 1984. MOTION by Councilman Schneider to adopt Resolution No. 30-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. CONSIDERATION OF A CLEAN INDOOR AIR NO SMOKING POLICY FOR THE RENOVATED MUNICIPAL CENTER: Mr. Burns, City Manager, stated if this proposal is approved by the Council, it would create a"no smoking" environment at the City Hall, with the exception of the apparatus floor in the Fire Department where smoking would be permitted. He stated this proposal was reviewed with Department Heads at a staff ineeting. He stated there also was discussion by Department Heads with their employees. He stated he understands this is not acceptable to all, but by the vast majority of employees. He stated the "no smoking" policy would not apply to other City buildings such as the garage, nature center, or satellite fire station. Councilwoman Jorgenson asked if the City was looking at a program for smoking cessation. Mr. Burns stated this has been discussed and could be incorporated into the "no smoking" proposal. Mr. Hill, Public Safety Director, stated he believed most of the health maintenance programs provide funding for smoking cessation. He stated the Council may wish to consider special programs such as hypnosis which is not provided by the health maintenance providers. Councilwoman Jorgenson felt if most health insurance carriers provide this coverage, this would probably be acceptable. Mr. Hill stated he has advised his employees to be prepared for a smoke-free building in conjunction with the renovation of the Civic Center. He stated he would not be opposed to some special program provided by the City. Mayor Nee felt the Council would support such a program. MOTION by Councilman Schneider to establish a clean indoor air (no smoking) policy for the renovated Municipal Center, with the exception of the Fire Department's apparatus room and, further, to offer to employees a program for smoking cessation. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 1989 PAGE 9 15. APPOINTMENT: CITY EMPLOYEE: MOTION by Councilman Schneider to concur with the following appointment by the City Manager: NAME STARTING STARTING POSITION SALARY DATE REPLACES Sherree' Smith SecretaYy in the $18,864.96 March 6, Evelyn Fire Department per year 1989 Loomis (non-exempt) Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously 16. CLAIMS: MOTION by Councilman Fitzpatrick to authorize payment of Claims No. 24949 through 25144. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. 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. 18. ESTIMATES• MOTION by Councilman Fitzpatrick to approve the estimates as submitted: Civic Center Remodeling Through January 31, 1989. . Mark J. Traut Wells, Inc. 151 72nd Ave. So. St. Cloud, MN 56301 . . . . . .$560,390.57 Repair & Maintenanoe of Wells 6, 8, & 11 - Project #186 Estimate No. 1 . . . . . . . . . . . . . . . . $ 2 , 985. 00 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19A. CONSIDERATION OF CHANGE ORDER N0. 5 FOR THE MUNICIPAL CENTER RENOVATION PROJECT: FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27. 1989 PAGE 10 � Mr. Flora, Public Works Director, stated this change order covers proposal requests No. 51 and 53 to add restrooms to the employee lunch area for an estimated cost of $25,000 and relocate the Fire Department air compressor from the lunch area for an estimated cost of $6,000. MOTION by Councilman Fitzpatrick to approve Change Order No. 5 for the Municipal Center Renovation Project for an amount not to exceed $31,OD0. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19B. RESOLUTION NO. 31-1989 TO MAKE TAX FREE PURCHASES OF MATERIALS AND SUPPLIES FOR THE FRIDLEY CIVIC CENTER: MOTION by Councilman Schneider to adopt Resolution No. 31-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. CONSIDERATION OF RECEIVING BID AND AWARDING CONTRACT FOR HOLLOW METAL DOORS FOR THE POLICE DETENTION FACILITY: MOTION by Councilwoman Jorgenson to receive the bid from Nystrom, Inc., 1701 Madison Street N.E., Minneapolis, Minnesota. Seconded � by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated the police detention facility requires special security doors. He stated mailings were sent to three vendors in this business who could supply these doors, but no response was received. Mr. Flora stated Nystrom, Inc. was contacted and the City's Project Manager was able to obtain a bid to supply the necessary doors, hardware, and gun lockers at a cost of $13,609. Mr. Flora stated this amount is within the authorization limits of regular bids and it would be appropriate to award the contract for metal doors, hardware, and gun lockers to Nystrom. MOTION by Councilwoman Jorgenson to award the contract for the hollow metal doors, hardware, and gun lockers for the police detention center to Nystrom, Inc., for a total of $13,609. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilman Billings to adjourn the meeting. Seoonded 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 February 27, 1989 adjourned at 8:39 p.m. ------------------------- - FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 1989 PAGE 11 � Respectfully submitted, Carole Haddad Secretary to the City Council Approved: �..-I 1 �i��� � William J. Nee Mayor