10/23/1989 - 00007077THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF
� OCTOBER 23, 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 Nea 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
PROCLAMATION - NATIONAL BUSINE55 WOMEN'S WEEK:
Mayor Nee stated he has issued a proclamation proclaiming National
Business Women's Week, october 15 through 21, 1989.
APPROVAL OF MINUTES:
� COUNCIL MEETiNG, OCTOBER 2, 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.
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ADOPTION OF AGENDA:
MOTION by Councilman Schneider to adopt the agenda with the
deletion of Items 12, 13 and 15. 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 HEARING ON THE ISSUANCE OF AN ON-SALE BEER LICENSE TO
YUNG TAE HOE RESTAURANT AT 6440 UNIVERSITY AVENUE N.E.:
MOTION by Councilman Billings to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23, 1989 PAGE 2
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
Mr. Pribyl, Finance Director, stated this is a request for an on-
sale beer license for the Yung Tae Hoe Restaurant at 6440
University Avenue. He stated a background investigation has been
completed and staff is recommending approval.
Councilman Billings stated the public hearing notice states the
public hearing is to be on November 23, 1989 and questioned if this
was the date published in the hearing notice. After checking the
publication in the Fridley Focus, the hearing date published was
Novamber 23, 1989, there£ore, it was determined that this notice
was defective and the public hearing should be re-published and
held on November 20, 1989.
No persons in the audience spoke regarding the issuance of this on-
sale beer license.
MOTION by Councilman Billings to find the publication of the publio
hearing defective, close this hearing and order the public hearing
to be re-published for November 20, 1989. Seconded by Councilwoman
Jorgenson. Llpon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
OLD BUSINESS•
ORDINANCE NO. 936 APPROVING A VACATION, SAV #89-04, TO VACATE
THE WEST 27 FEET OF A 57.5 FOOT EXISTING EAST/WEST EASEMENT
ON LOTS 7 AND 8, BLOCK 4, ONAWAY ADDITION, GENERALLY LOCATED
AT 7890 HICKORY STREET N.E., BY DAVID LARSON:
MOTION by Councilman Billings to waive the second readinq of
Ordinance No. 936, adopt it on second reading and order
publication. 5econded by Councilman Fitzpatrick. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
CONSIDERATION OF A VARIANCE REOUEST, VAR #89-24, TO INCREASE
THE TOTAL SOUARE FOOTAGE OF SIGNAGE FROM 80 SOUARE FEET TO 110
ON LOT l, BLOCK 1, COMMERCE PARK. THE SAME BEING 7600
UNIVERSITY AVENUE N.E., BY CONOCO, INC. (TABLED 10-2-89):
Ms. Dacy, Planning Coordinator, stated this item was tabled at the
last Council meeting in order for staff to determine if a variance
for a sign greater than 80 square feet had been approved previously
for this property. She stated in August, 1983, a variance request
was filed to increase the signage from 80 to 183 square feet,
however, this variance was denied.
� Ms. Dacy stated this variance request was originally for two free
standing pylon signs each to be 110 square feet. She stated the
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23. 1989 PAGE 3
petitioner has now reduced the request to one pylon sign of 110
square feet which would be 30 square feet over what the ordinance
allows.
Ms. Dacy stated both staff and the Appeals Commission recommend
denial of this variance as it does not meet the criteria for a
variance as outlined in the Sign Ordinance.
Councilman Billings stated his primary concern was if variances riad
been issued in the past. He stated the current signage is 75
square feet and seems to be adequate for this station.
Ms. Connie Lutton, District Manager for Conoco, presented photos
of signs at other Conoco stations. She stated the signage they are
requesting is a standard sign which Conoco uses nationwide.
Mayor Nee commended Conoco for the attractiveness of this station,
and stated he did not have a problem with the increased signage
they are proposing at this particular location. He stated,
however, if this variance was granted, it would definitely set a
precedent and the Council may be obligated to grant other requests
of a similar nature.
Ms. Lutton stated she has taken pictures of other signs in Fridley
which are greater than the 80 square feet allowed by the ordinance.
5he stated one such sign is for Bob's Produce.
Mayor Nee stated some of the signs existed before the Sign
Ordinance was adopted and they are, therefore, grandfathered such
as Bob's Produce.
Councilman Fitzpatrick stated what Ms. Lutton is doing is exactly
what the next person would do if they requested a variance. He
felt to grant the variance would set a precedent.
Ms. Dacy stated an alternative may be to list two types of fuel on
one side of the sign and the other two types of fuel on the other
side to meet the requirements of the Sign Ordinance.
Councilman Billings felt there are options available and even
though he does not find the sign displeasing, it does not meet the
oode and there really is not a hardship.
MOTION by Councilman Billings to deny this variance, VAR #89-24.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
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FRIDLEY CITY COUNCIL MEETING OF OCTOSER 23, 1989 PAGE 4
� NEW BUSINESS:
4. CONSIDERATION OF RECEIVING THE BUDGET OF NORTH METRO
CONVENTION TOURISM BUREAU:
Mr. Hunt, Assistant to the City Manager, stated according to the
agreement with the North Metro Convention Tourism Bureau, the
Council reviews their budget. He stated Mr. Cook, Executive
Director of the Bureau, is here this evening to review the budget
and answer any questions from the Council.
Mr. Cook, Executive Director of the North Metro Convention Tourism
Bureau, stated this is the beginning of the Tourism Bureau's fourth
year. He stated occupancies for this year to date are averaging
66.9� which is an increase over 1988. IIe stated income through
October has also increased about 16� over last year. Mr. Cook
stated he felt these figures would be higher if construction was
not in progress on I-694. He stated this has been devastating,
particularly to Fridley properties.
Mr. Cook stated an income of $290,000 is anticipated for 1989 and
$25,000 will be placed in a contingency account. He stated the
total 1990 budget is $310,000. He stated the Tourism Bureau has
qualified as a Destination Marketing Organization for the State of
� Minnesota and is eligible for a joint venture grant to attract more
Canadian, North Dakota and Wisconsin visitors to the metropolitan
area. iie stated $80,000 has been budgeted for advertising for 1990
and $24,500 will be received from this grant for a total of
$104,500.
MOTION by Councilman Fitzpatrick to receive the budget of the North
Metro Convention Tourism Bureau. Seconded by Councilman Schneider.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
5. CONSIDERATION OF RECEIVING THE MINUTES OF THE PLANNING
COMMISSION MEETING OF SEPTEMBER 27. 1989:
A. CONSIDERATION OF SETTING A PUBLIC HEARING FOR NOVEMBER
13, 1989 ON A REQUEST FOR A REZONING, ZOA #89-04, TO
REZONE LOT 4, BLOCK 6, CITY VIEW ADDITION FROM R-2, TWO
FAMILY DWELLING TO C-2,GENERAL BUSINESS. THE SAME BEING
5701 UNIVERSITY AVENUE N.E., BY ASHLAND OIL COMPANY
1RAPID OIL�
MOTION by Councilman Billings to set the public hearing on this
rezoning request for November 13, 1989. Seconded by Councilwoman
Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23, 1989 PAGE 5
6. CONSIDERATION OF RECEIVING THE MINUTES QF THE PLANNING
COMMISSION MEETING OF OCTOBER 11. 1989:
A. CONSIDERATION OF SETTING A PUBLIC HEARING FOR NOVEMBER
13, 1989 ON A REQUEST FOR A REZONING, ZOA #89-05, TO
REZONE OUTLOT 1. NAGEL'S WOODLANDS FROM C-2, GENERAL
BUSINESS. TO M-1. LIGHT INDUSTRIAL, THE SAME BEING 990
OSBORNE ROAD N.E.. BY RMS COMPANY:
MOTION by Councilman Schneider to set the public hearing on this
rezoning request for November 13, 1989. Seconded by Councilwoman
Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
B. CONSIDERATION OF FIRST READING OF AN ORDINANCE APPROVING
THE COMBINATION OF THE ENVIRONMENTAL QUALITY COMMISSION
AND THE ENERGY COMMISSION:
Ms. Dacy, Planning Coordinator, stated this request was initially
recommended by the Council at the September 18, 1989 meeting. She
stated this matter was reviewed by the Environmental Quality
Commission and the Energy Commission and they recommended the
Council pursue combining these two commissions. Ms. Dacy stated
the Planning Commission also recommended the two commissions be
combined.
Ms. Dacy stated if these two commissions are combined, it would
change the composition of the Planning Commission which would have
two at-large members £or a total of seven. She stated the newly
combined commission would also consist of seven members. Ms. Dacy
stated most of the City commissions have five members, but the
Environmental Quality and Energy Commissions wanted the flexibility
of starting with seven members.
MoTION by Councilman Billings to waive the reading and approve the
ordinance upon first reading. Seconded by Councilman Schneider.
Councilman Billings stated on Page 6Z, under Section 6.03 (1), Line
8, the word ��the" should be changed to "other" and on Line 9, the
word "or" should be changed to "of". He stated also on Page 6EE,
Section 4(B), line 10, the word "on�' should be changed to "of".
Ms. Dacy stated the corrections should be made on Page 6Z, the
actual ordinance, however, the information contained on Page 6EE
was background material submitted to give the Council a full
perspective o£ the changes.
MOTION by Councilman Billings to amend the ordinance as follows:
Section 6.03 (1), Line 8, changing the word "the" to "other" and
on Line 9, changing the word "or" to "of".
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FRIDLEY CITY COIINCIL MEETING OF OCTOBER 23. 1989 PAGE 6
' Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
UPON A VOICE VOTE TAKEN ON TAE MAIN MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Schneider to receive the minutes of the
Planning Commission meetings of September 27 and Oatober 11, 1989.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
7. CONSIDERATION OF A ONE YEAR EXTENSION FOR FRANCIS ANDERSON,
7748 ELM STREET N.E.:
MOTION by Councilman Billings to approve a one year extension to
the Council action taken on October 15, 1979 and extend this
deadline of October 15, 1989 to October 15, 1990. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
8. RESOLUTION NO. 87-1989 TO ADVERTISE FOR BIDS FOR CITY WIDE
CURBSIDE COLLECTION OF RESTDENTIAL RECYCLABLES:
Ms. Dacy, Planning Coordinator, stated this resolution authorizes
� the advertising for bids for curbside collection of residential
recyclables beginning January 1, 1990 through December 31, 1990.
She stated the City is in the process of developing a long range
solid waste strategy, therefore, the bid specifications do not
include any expansion of service and there are no major changes to
what is now being done.
MOTION by Councilwoman Jorgenson to adopt Resolution No. 87-1989.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
9. CON5IDERATION OF AN AGREEMENT WITH HOWARD, NEEDLES, TAMMEN.
& BERGENDOFF (HNTB) TO LOCATE AND DESIGN A 1 MG ELEVATED WATER
RESERVOIR AT LOCKE PARK:
Mr. Flora, Public Works Director, stated the Water Distribution
Study identified the need for a 1 MG water reservoir to be located
in the Locke Park area. He stated this reservoir would provide
adequate water pressure and fire protection and with Target's
expansion, they are interested in improving their fire safety
requirements. He stated Target has indicated they would fund the
design of an elevated water storage tank at Locke Park for an
amount not to exceed $50,000.
Mr. Flora stated staff is requestinq the Council enter into an
� agreement with HNTB to investigate and design a 1 MG elevated water
reservoir for $39,000 plus any soil investiqation costs not to
exceed $5,D00.
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23, 1989 PAGE 7
� Councilman Schneider suggested possibly if the design is on
schedule with a minimal number of change orders, this could be
reflected in the compensation, however, if design plans are
incomplete and there are problems in the bidding, penalties could
be assessed.
Mr. Flora stated this may be considered in order to expedite the
satisfactory completion of the design of the reservoir and expedite
the construction. He stated HNTB felt the reservoir would be
completed by mid-summer, 1991. He stated Target would like it
completed by October, 1990. Mr. Flora stated in discussions with
HNTB, it was felt they could expedite the design and
specifications.
MOTION by Councilman Schneider to authorize entering into an
agreement with HNTB for the design of a 1 MG elevated water
reservoir at Locke Park. Seconded by Councilman Billings.
Mr. Burns, City Manager, stated, hopefully, answers will be
received to all tkie unknowns in order that construction can begin
as soon as possible. He stated, however, all water projects have
to be analyzed and details worked out before proceeding with
construction.
� UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
10. CONSIDERATION OF CHANGE ORDER NO. 14. FRIDLEY MUNICIPAL CENTER
PROJECT NO. 189•
Mr. Flora, Public Works Director, stated this change order consists
of Proposal Requests and Work Orders for the Municipal Center and
Work Orders for the Fire Department. He stated the change order
amends Proposal Request No. 20 and Work Order No. 1949. Mr. Flora
stated this change order also includes amendments to the Municipal
Center contract for Kremer and Davis; the Roanoke Building contract
for the Fire Department; and the Seefert-Heins Landscaping contract
for the FIRA ramp.
MOTION by Councilman Fitzpatrick to authorize Change Order No. 14,
Fridley Municipal Center, Project No. 189. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
11. RESOLUTION NO. 88-1989 TO ADVERTISE FOR BIDS FOR PARKING RAMP
SECURITY SURVEILLANCE SYSTEM:
� Mr. Burns, City Manager, stated this resolution would authorize the
advertising for bids for the parking ramp security surveillance
system.
� FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23. 1989 PAGE 8
MOTION by Councilman Schneider to adopt Resolution No. 88-1989.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
12. CONSIDERATION OF CHANGE ORDER NO. 2 FOR CONSULTING CONTRACT:
This item was deleted from the agenda.
13. CONSIDERATION OF RECEIVING THE SUPPLEMENTAL APPROPRIATION FOR
1988•
This item was deleted from the agenda.
14. RESOLUTION NO. 89-1989 AUTHORIZING CHANGES IN ESTIMATED
REVENUES AND IN APPROPRIATIONS FOR THE GENERAL FUND FOR THE
YEAR 1989:
Mr. Pribyl, Finance Director, stated this resolution appropriates
proceeds from donations to the receiving department's budget. He
stated $35,586.25 was received from various civic organizations in
the community. Mr. Pribyl stated the contributors include Super
America, Fridley Jaycees, Fridley Lions Club, Fridley VFW Post 363,
and the Northwestern Tennis Association.
� MOTION by Councilwoman Jorgenson to adopt Resolution No. 89-1989.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
15. CONSIDERATION OF A MOTION TO APPROVE THE HIRING OF A COMPUTER
CONSULTANT:
This item was deleted from the agenda.
16. RESOLUTION NO. 90-1989 AUTHORIZING THE TRANSFER OF REMAINING
FUNDS FROM THE WATER BONDS DEBT SERVICE FUND TO THE WATER
ENTERPRISE FUND:
MOTION by Councilman Schneider to adopt Resolution No. 90-1989.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
17. APPOINTMENT: CITY MANAGER'S SECRETARY:
MoTION by Councilman Fitzpatrick to concur with the following
appointment by the City Manager:
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FRIDLEY CITY CO[JNCIL MEETING OF OCTOBER 23. 1989 PAGE 9
NAME
Roberta Collins
STARTING
POSITION SALARY
Secretary $1,762.07
to the per month
City Mgr.
Range 2
(Exempt)
STARTING
DATE REPLACES
Nov. 1, Lynda
1989 Averette
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
18. CLAIMS•
MOTION by Councilman Billings to authorize payment of Claims No.
28752 through 29099. Seconded by Councilman Schneider. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
19. LICENSES•
MoTION by Councilman Schneider to approve the licenses as submitted
and as on file in the License Clerk's Office, with the exception
of the on-sale beer license for Yung Tae Hoe Restaurant, 6440
� University Avenue N.E. Seconded by Councilman Billings. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
20. ESTIMATES:
MOTION by Councilman Fitzpatrick to approve the estimates as
submitted:
Insituform Central, Inc.
17988 Edison Avenue
Chesterfield, Missouri 63005
Storm Sewer Pipe Repair
Project No. 194
FINAL ESTIMP,TE . . . . . . . . . . . . . . . $ 24,799.72
Civic Center Remodeling
Pay Application #13
Through 9-30-89 . . . . . . . . . . . . . . . $196,560.10
Newquist & Ekstrum Chartered
6401 University Avenue Northeast, Suite 301
Fridley, MN 55432
' For services rendered for
Month of August 1989 . .$ 8,265.00
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 23, 1989 PAGE 10
AEC Engineers & Designers
511 Eleventh Avenue South
Minneapolis, MN 55415
1.5 MG Concrete Reservoir
Repair Project No. 193
(Snspection Services)
Estimate No. 1 . . . . . . . . . . . . . . . $ 2,053.90
3.0 MG Concrete Reservoir
Repair Project No. 192
(Phase I)
(Inspection Services)
Estimate No. 1 . . . . . . . . . . . . . . . $ 3,865.00
Gammon Brothers, Inc.
13845 Northdale Blvd.
Rogers, MN 55374
Street Improvement Project
No. ST. 1989 - 1& 2
Estimate No. 6 . . . . . .
Gunderson Brothers
' 2325 Snelling Avenue
Minneapolis, MN 55404
1989 Miscellaneous Concrete
Curb, Gutter & Sidewalk
Estimate No. 4 . . . . . . .
JMG Contracting
5141 Abbott Ave., S.
Minneapolis, MN 55410
$ 70,845.30
$ 4,841.58
3 MG Concrete Reservoir
Repair Project No. 192
(Contractor)
Estimate No. 1 . . . . . . . . . . . . . . . $111, 400. DD
J. T. Noonan Co., Inc.
3601 48th Avenue North
Brooklyn Center, MN 55429
Corridor Maintenance
Project No. 190
Estimate No. 6 . . . . . . . . . . . . . . . $ 4,980.70
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FRIDLEY CITY COUNCIL MEETING OF OCTOHER 23, 1989 PAGE 11
TMI Coatings, Inc.� „y'�
2805 Dodd Road ' �
St. Paul, MN 5512�1
1.5 MG Concrete Reservoir
Repair Project No: 193
(53rd Ave. & Johnson)
(COntractor)
Estimate No. 1 . . . . .
$ 87�258.00
Seconded by Councilman Schneider. 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 23, 1989 adjourned
at 8:37 p.m.
Respectfully submitted,
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Carole Haddad
Secretary to the City Council
Approved:
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William J. Nee
Mayor
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