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10/05/1992 - 00005704� 39 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOSER 5, 1992 The Regular Meeting of the Fridley City Council was called to order at 7:38 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the �lag. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: Mayor Nee, Councilwoman Jorgenson Councilman Billings, Councilman Schneider and Councilman Fitzpatrick None PRESENTATION OF PROCLAMATIONS: FIRE PREVENTION WEEK - OCTOBER 4- 10, 1992: Mr. Burns, City Manager, read this proclamation for Fire Prevention Week, October 4-10, 1992. � Mayor Nee issued the proclamation and invited all Fridley citizens to visit the City's three fire stations on Saturday, October 10 from 1:00 to 5:00 p.m. He stated that special programs will be held at the University Avenue Fire Station. Mayor Nee presented this proclamation to Fire Chief McKusick. Mr. McKusick stated that there would be a lot of entertainment for both young and old at the fire station open house. COMMUNITY CABLE TELEVISION MONTH - OCTOBER, 1992: Mr, Burns, City Manager, read this proclamation, and Mayor Nee issued the proclamation proclaiming the month of October, 1992 as Community Cable Television Month in the City of Fridley. APPROVAL OF MINUTES: COUNCIL MEETING, SEPTEMBER 21, 1992: 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. � � � � 40 FRIDLEY CITY COUNCIL MEETING OF OCTOHER 5, 1992 PAGE 2 ADOPTION OF AGENDA: MOTION by Councilman Fitzpatrick to adopt the agenda as submitted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: KENNETH WILKINSON. ANOKA COUNTY SHERIFF: Mr. Wilkinson, Anoka County Sheriff, stated that it was a pleasure to attend the meeting this evening, and he was here to update the Council on services of the Anoka County Sheriff's Department. He stated that the Council should have received a formal report covering the activities of the Sheriff's Department. He stated that the relationship between the Sheriff's Department and the Fridley Police Department continues to be excellent. Mr. Wilkinson stated that Public Safety Director, Jim Hill, has one of the more progressive departments in the County. Mr. Wilkinson stated that in the area of criminal investigation, the Anoka County Sheriff's Department assisted with 248 felony crimes that occurred in the County in 3991, an increase from 245 the previous year. He stated that for Fridley, there were 63 cases, five more than the previous year. Mr. Wilkinson stated that there has been an increase in sexual assault crimes. He stated that 54 occurred in 1991 in Fridley which was an increase from 47 the previous year. Mr. Wilkinson stated that in the area of druq enforcement, five officers work full-time as this activity has been increasing. He stated that during the year, this unit investigated 351 cases, made 158 arrests, and conducted 31 search warrants, He stated that such drugs as marijuana, cocaine, LSD, codeine, valium, etc. have been seized, and hard core drug use is being experienoed in Anoka County. He stated that 61 of these cases were in Fridley. Mr. Wilkinson stated that the Sheri££'s Department provides polygraph services to the community. He stated that this service was used in Fridley for a theft investigation. He stated that the Sheriff's Department also assists where crime lab services are necessaryo He stated that this service was provided for line-ups and recovery of information from a burglary at Marquette Bank. Mr. Wilkinson stated that the Anoka County jail facility also serves the City. He stated that the Fridley Police Department accounts for about fifteen percent of the people that are booked into the jail facility. Mr. Wilkinson stated that the canine unit and the SWAT team are also available to assist the City, if needed. He stated that the ' � 1 41 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 5, 1992 PAGE 3 SWAT team has been used as an entry team in the drug enforcement operations. Mr. Wilkinson stated that he would like any comments from the Council regarding the Sheriff Department's performance and ways in which they may enhance their service to the community. Councilwoman Jorgenson stated that at the last Council meeting, Mr. Smith addressed the question of juvenile violence. She stated that the City is trying to develop a plan to curtail this type of violence. Mr. Wilkinson stated that he did not feel this problem was unique to Anoka County, but is occurring all over the metropolitan area. He stated that he does not have any easy answers to solve this problem. Councilwoman Sorgensozt asked if there were many gang related activities in Anoka County. Mr. wilkinson stated that there have been gang activities, but he did not know how many of the persons involved actually lived in Anoka County. He stated that they came from other areas such as St. Paul and Minneapolis. He cited that in one case of an armed robbery in Andover, it was gang related. Mra Wilkinson stated that there is a task force in the County which does monitor this problem. fie stated that they are checking into the possibility of developing a regional task force to study and deal with gang problems. Councilman Schneider asked if there was a special task force for drug enforcement. Mr. Wilkinson stated that Anoka County is part of the East Metro Task Force which includes the City of St. Paul and several counties. He stated that he believes there is more drug activity, but he felt it could be dealt with. Mayor Nee thanked Mr. Wilkinson for this update and his effort to maintain good communications with the City. CUB SCOUT PACK NO. 20. HAYES ELEMENTARY SCHQOLo Councilwoman Jorgenson stated that Cub Scout Pack Aio. 20 from Hayes School was at the Council meeting this evening. �ne of the scouts asked if a backboard could be installed at the park on Kennaston. Councilman Billings explained that a Park and Recreation Commission is appointed by the City Council, and such requests are handled through this Commission which, in turn, makes recommendations to the Council. � � � 42 FRIDLEY CITY COUNCIL MEETING OF OCTOSER 5, 1442 PAGE 4 Mayor Nee thanked the scouts and their leaders for attending the meeting. SENIOR CITIZEN CENTER: Mr. Willis Unke, 1422 Trollhagen Drive, stated that a substantial number of residents are becoming increasingly nervous about the possibility of a raise in taxes for construction of a recreational facility for the senior citizens. He urged the Council to give this careful consideration and to obtain the approval of the constituents on the matter of additional taxes to finance such a center. Mr. Unke stated that he personally appreciated the time that each of the Council has given him to voice his concerns. He submitted a letter to the Council and asked for their individual response. Ms. Christine Gerrety, 1051 67th Avenue, stated that she did not consider the proposed senior center to be a recreational facility. She stated that she feels it is very necessary for all seniors. She stated that she has never seen Mr. Unke at the center, and she did not know what he proposed in his letter. She stated that she felt everything that is being done is aboveboard, and if more people would come to the meetings, they would know more about the proposed center. NEW BUSINESS: l. APPOINTMENT: CITY EMPLOYEE: Mr. Burns, City Manager, stated that 107 applications were received for this position of Public Services Worker, and seven persons were interviewed. He stated it was determined that Mr. Goelz was the best candidate for this position. He stated that Mr. Goelz is a graduate of the Water and Waste Water Program at St. Cloud Technical College and has experience in this field with another municipality. MOTION by Councilman Fitzpatrick to concur with the following appointment by the City Manager: Name Brett Goelz Position Public Services Worker A.1 Sewer Non- exempt Starting salarv $10.25 per hour Starting Date OCt. 12, 1992 Reolaces Douglas Himango � 43 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 5, 1992 PAGE 5 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 11, "GENERAL PROVISIONS AND FEES." ESTABLISHING A FEE FOR TEXT AMENDMENTS TO CHAPTER 205 OF THE FRIDLEY CITY CODE, "ZONING:" Ms. Dacy, Community Development Director, stated that this proposed amendment is to establish a fee for the application process for an individual proposing an amendment to Chapter 205 of the Zoning Code. She stated that the proposed fee is $300, similar to the rezoning fee that is charged. Mr. Herrick, City Attorney, stated that he assumes this fee is for work that would need to be done by staff after a request is received. Councilman Schneider questioned if possibly some additional language should not be added to clarify that this is just an application fee and not a fee to change the ordinance. Ms. Dacy stated that she would review this proposed ordinance with the City Attorney before the second reading. � MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance on first readinge Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 3. RECEIVE BIDS AND RESOLUTION N0. 77-1992 PROVIDING FOR THE ISSUANCE AND SALE OF $855,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1992A: Mr. Pribyl, Finance Director, stated that this resolution will provide for the sale of general obligation improvement bonds, Series 1992A. He stated that Mr. Bob Thistle, representing Springsted, the City's financial advisor, is here this evening to present the bids for the sale of these bonds. Mr. Thistle stated that the bids for this bond sale were very favorable. He stated that an interest rate of 4.97 percent was projected. He stated that five bids were received, and the low bid was from Cronin and Company, Inc, at an interest rate of 4.7681 percent. He stated that in terms of refunding, this represents savings of about $21,000. MOTION by Councilman Schneider to receive the following bids for the $855,000 general obligation improvement bonds, Series 1992A: � � 44 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 5, 1992 PAGE 6 Bidder Cronin & Company, Inc. Park Investment Corporation FBS Investment Services, Inc. American National Bank St. Paul Piper Jaffray, Ino. Net Int. Rate 4.7681% 4.8436a 4.8717$ 4.9976% 5.0043% Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to adopt Resolution No. 77-1992, accepting the low bid of Cronin and Company, Inc. at an interest rate of 4.7681 percent. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. RECEIVE BIDS AND RESOLUTION NO. 78-1992 PROVIDING FOR THE ISSUANCE AND SALE OF 5620,000 GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 1992B: Mr. Thistle, representing Springsted, the City's financial advisor, stated the low bidder for the sale of these bonds was Park Investment Corporation at an interest rate of 5.2659 percent. He stated that the projected interest rate was 5.37 percent. He stated that four bids were received, and he recommended the Council accept this low bid. MOTION by Councilwoman Jorgenson to receive the following bids for the sale of $620,OOD general obligation water revenue bonds, Series 1992B: Bidder Park Ynvestment Corporation FBS Investment Services, Inc. American National Bank St. Paul Piper Jaffray, Inc. Net. Int. Rate 5.26590 5.3473% 5.4483% 5.44910 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � MOTION by Councilwoman Jorgenson to adopt Resolution No. 78-1992, accepting the bid of Park Investment Corporation at an interest 45 FRIDLEY CITY CDUNCIL MEETING OF OCTOBER 5, 1992 PAGE 7 � rate of 5.2659 percent. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 5. RESOLUTION NO. 79-1992 DESIGNATING PLACE5 AND APPOINTING ELECTION JIIDGES FOR THE NOVEMBER 3, 1992, CITY AND STATEWIDE GENERAL ELECTION: MOTION by Councilman Schneider to adopt Resolution No. 79-1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. APPROVE AN EASEMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND U.S. WEST COMMLJNICATIONS, INC.: Mr. Burns, City Manager, stated tha� U.S. West is requesting a 5 foot by 2o foot easement at Springbrook Nature Center for purposes of constructing an underground juncture bunker. He stated that U.S. West will pay $150 for this easement, and it is recommended the Council approve this easement agreement. Mro Herrick, City Attorney, suggested that the first sentence in the third paragraph be deleted and replaced with the following: "Grantee shall have the right of ingress and egress from the public � right-of-way of County Road 132 to and from the above described property." MOTION by Councilman Fitzpatrick to approve the easement agreement between the City and U. S. West Communications, Inc. Seconded by Councilwoman Jorgenson. MOTION by Councilman Billings to amend the above agreement by eliminating the first sentence of the third paragraph and replacing it with the following: "Grantee shall have the right o£ ingress and egress from the public right-of-way of County Road 132 to and from the above described property.�' Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman Billings, Councilwoman Jorgenson, Councilman Fitzpatrick and Mayor Nee voted in favor of the motion. Councilman Schneider voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, Councilman Fitzpatrick, Councilwoman Jorgenson, Councilman Billings and Mayor Nee voted in favor of the motion. Councilman Schneider voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. 7. RECEIVE BIDS AND AWARD CONTRACT FOR CONSTRUCTION OF THE STONYSROQK CREEK DIVERSION PROJECT N0. 2290 � Mr. Flora, Public Works Director, stated that two bids were received for this project, and the low bidder was Park Construction Company with a bid of $99,265.00. He asked that the bids be , � L J 46 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 5, 1992 PAGE 8 received, but that the contract not be awarded until the necessary easements are obtained from the Burlington Northern Railroad. MOTION by Councilman Fitzpatrick to receive the following bids for construction of the Stonybrook Creek Diversion Project No. 229: Bidder Park Construction Company 7900 Beech St. N.E. Fridley, MN 55432 E & H Earth Movers 11980 lOth St. N. Lake Elmo, MN 55042 Total Bid $ 99,265.00 $150,406.00 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. CONSIDERATION OF A STREAM BANK EROSION CONTROL PROJECT: Mr. Flora, Public Works Director, stated that a request has been received from the Burzynski's at 6700 Arthur Street for assistance and participation in a stream bank erosion control project on Rice Creek. He stated that the proposed cost is approximately $20,475 of which $10,238 would be provided by the State, and the Rice Creek Watershed District would provide $3,409. He stated that the City's storm water creek maintenance policy allows for up to fifty percent funding of the remaining amount of $3,415. Mr. Flora stated that it is recommended the City participate in this erosion project for an amount not to exceed $3,415. M�TION by Councllman Schneider to authorize the City to enter into an agreement with the Rice Creek Watershed District and provide up to a maximum City share of $3,415 for this stream bank erosion control project. Seconded by Councilwoman Jorgenson. Councilman Billings stated that funds have been committed to a project in the 200 block of Rice Creek, and the City will participate, if funds are available, in a pro7ect in the 5DO block of Rice Creek. Mr. Flora stated that the Rice Creek Watershed District's stream bank erosion control program requires an annual submittai before July 3o every year. He stated that residents contact the City if they have an interest in such a project to obtain support from the Council. He stated that the Watershed District takes all the projects into consideration and establishes a program for funding. He stated that funding has been committed for only one specific project so far by the City. 47 FRIDLEY CITY COUNCIL MEETING OF OCTOSER 5, 1992 PAGE 9 , Councilman Billings asked if there is an explanation for the increases in the cost of this project. Mr. Flora stated that the $19,000 cost was the amount of the bid;, however, errors were found in the computations, and the amount should have been $20,475. He stated that the estimate from the Rice Creek Watershed District's engineer was $14,000. Mr. Flora stated that he has been contacted by residents along some of the other creeks in the City, and he has discussed the City's policy and explained the process, but he has not received any further requests. He stated triat the requests received to date have been for relatively small projects. Mr. Flora stated that the Rice Creek Watershed District has taken the position of leaving it up to residents to submit a request for improvements if they had such an interest. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Councilman Billings asked if staff could identify the worst areas of Rice Creek that need repairs and prepare an estimate for these improvements. He felt that perhaps the City should take an active � approach to get the property owners involved in the process where improvements are needed. MoTION by Councilman Billings to direct staff to identify the areas of the creek that need repairs and report on the proposed cost for these improvements. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. APPROVE CHANGE ORDER NO. 2 TO THE 1992 STREET IMPROVEMENT PROJECT NO. ST. 1992 - 1& 2(RIVERVIEW HEIGHTS PARKING LOT): Mr. Flora, Public Works Director, stated that this change order is for the construction of the Riverview Heights parking lot. He stated that funds have been budgeted in the 1992 Capital Improvement Program, and he recommended the Council approve this change order. MOTION by Councilman Fitzpatrick to authorize Change Order No. 2 to the 1992 Street Improvement Project No. ST. 1992 - 1& 2 with Northwest Asphalt in the amount of $22,144.00. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslyo � � � 48 FRIDLEY CITY COUNCIL MEETING OF OCTOSER 5, 1992 PAGE 10 10. RESOLUTION NO. 80-1992 AUTHORIZING EXECUTION AND DELIVERY OF AN AGREEMENT BY AND BETWEEN THE CITY OF FRIDLEY MINNESOTA' THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY. MINNESOTA; AND LAKE POINTE INVESTMENT COMPANY, A LIMITED PARTNERSHIP: Mr. Burns, City Manager, stated that this resolution authorizes the execution and delivery of an agreement between the City, the Housing and Redevelopment Authority, and Lake Pointe Investment Company, He stated that this agreement specifies that physical development of the Lake Pointe property has not occurred as planned and recognizes it is in the best interests of the City and the Housing and Redevelopment Authority to terminate the exclusive rights of the Lake Pointe Investment Company to aoquire and develop the site. MOTION by Councilman Billings to adopt Resolution No. 80-1992. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. lla INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 12. CLAIMS• MQTION by Councilman Schneider to authorize payment of Claim Nos. 45577 through 45764. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. 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. 14o ESTIMATES• MOTION by Councilman Schneider to approve the estimates as submitted: Halvorson Construction Co., Inc. 1345 - 157th Avenue N.E. Anoka, MN 55304 Miscellaneous Concrete Curb, � Gutter & Sidewalk • Project No. 231 Estimate No. 4 . . . . $ 3,034.11 � � � 49 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 5, 1992 PAGE 11 �orthwest Asphalt, %nc. 1451 County Road 8 Shakopee, MN 55379 1992 5treet Improvement Project No. ST. 1992 - 1& 2 Estimate No. 2 . . . . . . . . $246,512.93 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT' MOTION by Councilwoman Jorgenson to acljourn 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 October 5, 1992 adjourned at 8:53 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor