12/16/1996 - 00002287� THE MINUTES OF THE REGULAFt MEETING OF THE FRIDLEY CITY COUNCIL OF
DECEMBER 16, 1996
The Regular Meeting of the Fridley City Council was called to order
by Mayor Nee at 8:08 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the City Council and audience in the Pledge of
Allegiance to the Flag.
ROLL CALL:
MEMSERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman
Billings, Councilman Schneider and Council-
woman Bolkcom
MEMBERS ABSENT: None
APPROVAL OF MINUTES:
COUNCIL MEETING, NOVEMBER 25, 1996.
MOTSON by Councilman Schneider to approve the minutes as presented.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
� SPECIAL COUNCIL MEETING, DECEMBER 4, 1996:
MOTSON by Councilwoman Bolkcom to approve the minutes as presented.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
Councilwoman Bolkcom noted that the word "special" was misspelled
in the header and should be corrected
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS:
1 ORDINANCE N0. 1085 RECODIFYING THE FRIDLEY CITY CODE,
CHAPTER 205, ENTITLED "ZONING," BY AMENDING SECTION
205.16.O1.0 BY ADOPZ'ING NEW SECTION 205.16.O1.0 (5) TO ALLOW
PROFESSIONAL JEWELRY SERVICES WITH A SPECIAL USE PERMIT
!9[INTN(: TFXT AMFTT1lMFNT_ 2T➢ dlQG,—(1"2_ RV R�1T.ANT1 CTTTTCKTI •
Mr. Burns, City Manager, stated that a public hearing was
conducted by the Council on this proposed amendment, with no
adverse comments. This ordinance is recommended with three
stipulations: (1) retail sales may not exceed more than 25
�
� FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 1996 PAGE 2
percent of the space that is devoted to � ewelry use; ( 2) no
exterior signage is permitted; and (3) there shall be no
separate exterior entrance for retail sales.
WAIVED THE READING AND ADOPTED ORDINANCE NO. 1085 ON THE
SECOND READING AND ORDERED PUBLICATION.
2. ORDINANCE N0. 1086 AMENDING THE FRIDLEY CITY CODE,
CHAPTER 205, ENTITLED "ZONING," BY AMENDING SECTIONS
HOMES, AND HOMES FOR THE
Mr. Burns, City Manager, stated that this request was made by
Noah's Ark, a developer of senior residences, that wishes to
construct a senior high rise on property located at the
intersection of 83rd Avenue and West University Avenue Service
Drive. The petitioner requests that Council make a
distinction between senior apartment buildings and general
purpose apartment buildings.
Mr. Burns stated that our ordinances currently apply to all
multi-family buildings and require 1.5 parking spaces for one
� bedroam unzts and a 0.5 parking space for each additional
bedroom. The petitioner is asking that the requirement be
reduced to 1.0 spaces per unrt, with fifty percent of those
spaces being enclosed for multiple family residences that are
dedicated to senior living.
Mr. Surns stated that staff is also sugqesting that the
parking ratio be reduced for convalescent homes to one space
for every four beds and three spaces for every four employees
on a shift. A public hearing was held on October 28, with no
adverse comments.
WAIVED THE READING AND ADOPTED ORDINANCE NO. 1086 ON THE
SECOND READING AND ORDERED PUBLICATION.
3. ORDINANCE N0. 1087 ESTABLISHING BY INTERIM ORDINANCE A
MORATORILTM WITHIN THE CITY ON THE CONSTRUCTION OF NEW
COMMUNICATION AND ANTENNA ARRAY TOWERS AND ON THE USE AND
DEVELOPMENT OF PROPERTY FOR SUCH NEW TOWERS THEREBY AMENDING
THE CTTY CODE BY ADDING A NEW SECTION FOR THAT PURPOSE.
Mr. Burns, City Manager, stated that as a result of new
wireless communication technology, the City is receiving a
number of requests for siting of "personal communications
services" towers. The Crty's current ordinance may not
� adequately address issues related to these types of towers
(i.e. locatzons and conditions under which they are allowed).
Mr. Burns stated that the City feels a need to investigate
' FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 1996 PAGE 3
structural and construction requirements and standards,
possible co-location of these facilities, setbacks, and height
limitations. A study will be done to investigate issues
related to these towers and to determine the public regulatory
controls that may need to be adopted. In order to complete
the study, a 180-day moratorium is requested on construction,
reconstruction, or expansion of existing towers within the
Crty. This moratorium applies to both pending and to-be
submitted applications for final site and building plan
approval, building permits, conditional use permits and other
permits or related variance requests.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGiJLAR AGENDA.
NEW BUSINESS:
RECEIVE THE MINUTES �F THE PLAIVNING COMMISSION NLEETING OF
NOVEMBER 20, 1996:
RECEIVED THE MINUTES OF THE PLANNING COMMI5SION MEETING OF
NOVEMBER 20, 1996.
' 5 ESTABLISH A PUBLIC HEARING FOR JANUARY 6, 1997, FOR A VACATION
REQUEST, SAV #96-04, BY KELLER STRUCTURES,TO VACATE A DRAINAGE
AND UTILITY EASEMENT, GENERALLY LOCATED SOUTH OF 615T WAY,
EAST OF EA5T RIVER ROAD, AND WEST OF THE BURLINGTON NORTHERN
RAILROAD TRACKS (WARD 3):
Mr. Burns, City Manager, stated it is requested that
January 6, 1997, be set as the date for the public hearing on
Vacation Request, SAV #96-04. The Planning Commission
approved this vacation at their November 20, 1996 meeting.
SET THE PUBLIC HEARING DATE FOR VACATION REQUEST, SAV #96-04,
FOR JANiJARY 6, 1997.
APPROVE 1997 DEVELOPMENT REVIEW SCHEDULE FOR PL�TNING
COMMISSION, APPEALS COMMISSION, PND CITY COUNCIL ACTIONS'
Mr. Burns, City Manager, stated that this proposed calendar is
for review of various land use applications. The City needed
to bring consideration of these applications into compliance
with the State"s sixty-day agency action law. Each schedule
contains the application deadline; date by which the City must
notify applicants that their application is complete; the
Planning or Appeals Commission meeting date; the Council
meeting date; and the date on which the 60 days expires.
�
�
FRIDLEY CITY COUNCIL MEETING OE DECEMBER 16, 1996 PAGE 4
7
8
APPROVED THE 1997 DEVELOPMENT REVIEW SCHEDULE FOR PLANNING
COMMISSION, APPEALS COMhIISSION, AND CITY COUNCIL ACTIONS.
ESTABLISH A PUBLIC HEARING FOR JANUARY 6, 1997, FOR AN
ORDINANCE AMENDING SECTION 12.07 OF THE FRIDLEY CITY CHARTER
(VACATION OF STREETS):
Mr. Burns, City Manager, stated that a public hearing should
be set for January 6, 1997 on the proposed amendment of
Section 12.07 of the City Charter. This section applies to
the vacation of streets, easements, and alleys. This
amendment would provide Council with the authority to vacate
streets by resolution rather than by ordinance. Mr. Burns
stated that this amendment was approved by the Charter
Commission at their November 25, 1996 meeting.
SET THE PUBLIC HEARING FOR JANUARY 6, 1997 ON THE PROPOSED
ORDINANCE AMENDING SECTION 12.07 OF THE CITY CHARTER (VACATION
OF STREETS).
APPROVE CONSULTING SERVICES AGREEMENT WITH PLAN SITE COMPANY
TO PROVIDE GIS TECHNICAL ASSISTANCE;
� Mr. Burns, City Manager, stated that a contract for consulting
services is necessary to implement the GIS "Range Rider"
program established in a �oint powers agreement between the
cities of Fridley, Columbia Heights and Andover. Six
proposals were received ranging from $38,820 to $130,000.
Staff of the three cities are recommending the consulting
contract be awarded to Plan Site GIS and Planning Technologies
in the amount of $40,000.
�
��J
Mr. Burns stated that the consultant work will consist of
identification of data bases, organization and documentation
of data bases, verification of existing GIS base maps,
development of custom GIS applications, and provision of
customized training.
APPROVED CONSULTING SERVICES AGREEMENT WITH PLAN SITE COMPANY
TO PROVIDE GIS TECHNICAL ASSISTANCE.
RESOLUTION N0. 118-1996 AUTHORIZING AN INCREASE IN
COMPENSATSON FOR FRIDLEY CITY EMPLOYEES FOR THE 1997 CALENDAR
Mr. Burns, City Manager, stated that this resolution provides
for a three percent cost of livinq increase and also for a
three percent increase in automobzle allowances. It also
provides a one cent increase for employees that use their
vehicles for City business.
ADOPTED RESOLUTION NO. 118-1996.
� FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 1996 PAGE 5
10. RECEIVE BIDS AND AWARD CONTRACT FOR THE IPdSTALLATION OF REMOTE
CONTROL CAMERAS AND RELATED ITEMS IN THE COUNCIL CHAMBERS:
Mr. Burns, City Manager, stated that two bids were received
for the installation of remote control cameras and related
items in the Council Chambers. The low bid was from Fred's
Service, Richfield, Minnesota, in the amount of $31,529 for
equipment and $1,475 for labor, or a total bid of $33,004. It
is recommended that the bid be awarded to Fred's Service in
the amount of $33,004. This is $5,004 over the budgeted
amount. Ae recommended that the difference be taken from the
CATV fund balance. He requested that Council approve the
contract award and the shortage be taken from the CATV fund
balance.
RECEIVED THE FOLLOWING BIDS: FRED'S SERVICE, $33,004 (BP.SE),
$43,46D (ALTERNATE) AND AVI SYSTEMS, $38,736.65 (BP..SE),
$40,124.73 (ALTERNATE). AWARDED CONTRACT TO FRED'S SERVICE,
RICHFIELD, MINNE50TA, IN THE AMOUNT OF $33,004, WITH $5,004 TO
BE TAI�N FROM THE CATV FUND BALANCE.
11. RESOLUTION N0. 119-1996 APPROVING EIGHTH RIDER TG THE ST. PAUL
WATER WORKS AGREEMENT (OSBORNE ROAD BICYCLE PATH):
� Mr. Burns, City Manager, stated that this agreement allows for
the Osborne Road bike path to be constructed over the
waterworks line on Osborne Road between 01d Central and
Stinson Boulevard. The City previously approved the agreement
but not the resolution.
ADOPTED RESOLUTION NO. 119-1996.
12. AUTHORIZE STAFF TO EXECUTE A CONTRACT WITH BARTON ASCHI�4AN
ASSQCTATES FQR THE DESIGN OF THE I-694 AND HIGHWAY 47
WESTBOUND RAMP:
Mr. Burns, City Manager, stated that with construction of The
Home Depot, the Minnesota Department of Transportation was
requested to consider modiflcation of the I-694 westbound ramp
to University Avenue. While MnDOT is willing to complete the
reconstruction of the ramp, they are asking the City to fund
the design. Since Barton Aschman Associates completed
preliminary design work for The Home Depot, rt is appropriate
to award the contract for the design to them. The cost for
this work is $38,600, and the Crty has a commitment from The
Home Depot to provide up to $45,000 £or this work. He
requested that Council authorize staff to execute a contract
with Barton Aschman.
� APPROVED THE EXECUTION OF A CONTRACT WITH BARTON ASCHMAN
ASSOCIATES FOR THE DESIGN OF THE I-699 AND HIGHWAY 97
WESTBOUND RAMP AT A COST OF $38,600
�
�
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 1996 PAGE 6
13. RESOLUTION N0. 120-1996 APPROVING AND AUTHORIZING SIGNING AN
AGREEMENT ESTABLISHING WORKING CONDITIONS AND HOURS OF POLICE
OFFICERS OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR THE
YEARS 1996 AND 1997:
Mr. Burns, City Manager, stated that the proposed amendments
to the police contract would allow the changing of police
officers' working hours from eight-hour shifts to twelve-hour
shifts beginning January 1, 1997. Most of the changes relate
to the accrual of leave time. Another change will allow
police administration flexibility in establishing work
periods. The twelve-hour shift proposal is to be tried on an
experimental basis for one year, and is strongly supported by
the police officers, as this has worked we11 in other cities.
All changes in the contract are cost neutral. Staff
recommends Council`s approval.
ADOPTED RESOLUTION NO. 120-1996.
14. RESOLUTION N0. 121-1996 DELETING AN AUTHORIZED POSITION AND
ADDING PN AUTHORIZED POSITION IN THE POLICE DEPARTMENT OF THE
CITY OF FRIDLEY:
Mr. Burns, City Manager, stated it is proposed that one
sergeant position be added and one corporal position be
deleted to accommodate the twelve-hour shift arrangement in
the Police Department. Th�s change would increase the number
of sergeants from four to five and reduce the number of
corporals from three to two. The expected additional cost for
the sergeant's salary is to be absorbed through reductions in
o ve rt ime .
15
16
ADOPTED RESOLUTION NO 121-1996.
RESOLUTION N0. 122-1996 AUTHORIZING EXECUTION OF AN AGREEMENT
FOR THE HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS GRANT•
Mr. Burns, City Manager, stated that application was made in
September for reimbursement of expenses incurred by the City
in connection with an emergency exercise at Unity Hospital.
The grant was for $2,000 and approved by the U.S. Department
of Transportation. This resolution enables the City to sign
the agreement for reimbursement of Crty expenses. Staff
recommends Council's approval.
ADOPTED RESOLUTION NO. 122-1996.
APPOINTMENTS: CITY EMPLOYEES:
� Mr. Burns, City Manager, stated it is recommended that
Corporal Don Abbott be promoted to the newly created Police
Sergeant position. Corporal Abbot� has an AA degree in law
�
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 1996 PAGE 7
enforcement, a BA degree in Public Administration, and is
working on his Master of Public Affairs degree at the
University of Minnesota. Corporal Abbott finished first in a
competitive exam for the position of Sergeant conducted in
1995, and is currently first on the promotional list certified
by the Police Civil Service Commission.
Mr. Burns stated it is also recommended that Julie Jones be
appointed as Planning Assistant/Recycling Coordinator.
Ms. Jones graduated form the University of Minnesota with a BS
degree in housing. 5he has nine years experience in recycling
programs working for the cities of Crystal and Edina. She has
also worked with a variety of housing programs at the cities
of Crystal and Srooklyn Park.
CONCURRED WITH THE FOLLOWING APPOINTMENTS BY THE CITY MANAGER:
Name
Donovan
Abbott
� Julie
Jones
�
Position
Sergeant
Exempt
P1ng. Asst./
Recycl. Coord
Exempt
17. CLAIMS:
Starting
Salary
$53,531.88
per year
(1996 rate)
$28,945.76
per year
(1996 rate)
Starting
Date
Jan. 1,
1997
Jan 6,
199�
Replaces
New
Position
Elizabeth
Campbell
AUTHORIZED PAYMENT OF CLAIM NOS. 71424 THE20UGH 71716.
18. LICENSES:
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE
LICENSE CLERK'S OFFICE.
19. ESTIMATES:
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
Mr. Dave Hagen, representing Sprint Spectrum, requested that Item 3
be placed on the regular agenda.
Mr. Burns, City Manager, requested that estimate No. 5 to Thomas
and Sons for the 1996 Street Improvement Pro�ect No. ST. 1196 -
1& 2 in the amount of $12,292.62 be deleted.
MOTION by Councilman Schneider to approve the consent agenda items,
with the exception of Items 3 and 19. Seconded by Councilwoman
�
�
�
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 1996 PAGE B
Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
ADOPTTON OF AGENDA:
MOTION by Counczlman Schneider to adopt the agenda with the
addition of Items 3 and 19 from the consent agenda. Seconded by
Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
OPEN FORUM, VISITORS:
Ms. Barbara Warren, Southern Anoka County Chamber of Commerce,
stated that there are four students attending the City Council
meeting this evening who are studying city government and
citizenship. These students, who are ninth graders in Mr. Frank's
polztical science class, introduced themselves to the City Council
They were Shawn Moore, Josh Hebzynski, Gordon Hill, and Tony
Warren.
The Mayor and Council welcomed these students to the Council
meeting.
OLD BUSINESS:
20. VARIANCE REQUEST� VAR #96-22, BY MILLER FUNERAI, HOME, TO
REDUCE THE REAR YARD SETBACK FROM 40 FEET TO 33 FEET TO ALLOW
THE CONSTRUCTION OF A 22,7 FOOT BY 60 FOOT ADDITION TO A
STORAGE BUILDING; TO REDUCE THE FRONT YARD SETBACK ON A CORNER
LOT FROM 80 FEET TO 37 FEET, TO ALLOW THE CONSTRUCTION OF A
30.5 FOOT BY 66 FOOT ADDITION TO AN EXISTING FUNERAL HOME,
MOTION by Councilman Schneider to remove this item from the table.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
Mr. Hickok, Planning Coordinator, stated that the property zs
located at 6210 Highway 65, and the variance request was tabled to
allow the petitioner time to contact ad�acent property owners
regarding this variance request. The petrtioner did not have time
to contact the property owners to complete his survey. In order to
comply with the sixty-day requirement, a decision must be made by
January 3, 1997 on this request.
Mr. Scott Lexvold, representing Miller Funeral Home, stated that he
was here this evening to answer any questions from Council.
Councilman Schneider stated that this variance has been before the
Council several times. There was concern about the impact to the
residential neighborhood. The petitioner agreed to survey the
I_ _ J
�
�
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 1996 PAGE 9
Mr. Lexvold stated that he has not done anything beyond the letter
that was sent dated August 21.
Councilman Schneider stated that he received several calls from
residents, and he hoped the petitioner would address the issues
raised. Without this information, he cannot support the variance
request.
Mr. Lexvold stated that there are two parts to this variance. He
understood that there was concern about the addition to the
existing building, but there were questions on the garage addition.
He asked if these two issues could be split and addressed
separately.
Councilman Schneider felt that the petitioner was given adequate
time and knew Council was interested in finding out the concerns of
the neighbors. He felt these concerns were not taken serzously and
is inclined to deny all portions of the variance.
Mr. Lexvold stated that the contacts would have had to have been
made over the Thanksgiving holiday. He had only two evenings free
and chose to spend this time with his family. In August the
residents in the neighborhood were sent letters, which he outlined.
He stated that 24 letters were mailed but only twelve responded.
Of these twelve responses, three were in agreement with their
proposal, and nine were opposed.
Mr. Lexvold stated that it was hoped they could come to an
agreement to answer the neighborhood's concerns and still allow the
addition to the existing structure. They would install a ten-foot
wooden fence along the property line to shield the structure from
the existing neighborhood, as well as install landscaping.
Councilman Schneider stated that three-fourths of the residents who
responded to the letter did not agree with the petitioner's
request.
Mr. Lexvold pointed out that only half of the residents were
concerned enough to respond.
Councilman Schneider felt that Mr. Lexvold was given the
opportunity to contact the residents and did not act in good faith
since this has not been done.
MOTION by Councilman Schneider to deny Variance Request, VAR
#96-22. Seconded by Councilwoman Jorgenson.
Councilwoman Bolkcom asked Mr. Lexvold if the time element was the
reason he did not contact the residents.
Mr. Lexvold stated that the two nights he had available, he chose
not to contact the residents.
�
�
�
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 1996 PAGE 10
Councilman Schneider stated that when Mr. Lexvold can find time to
contact the residents, he could then re-apply for the variance.
Mayor Nee stated that it seems the petitioner was given every
opportunity to comply. He did not understand why this was not
done, as it does create some problems.
Councilwoman Solkcom asked if a portion of the variance was
approved if they could proceed with their proposal
Mr. Lexvold stated that the addition to the main building would
give them the space they need immediately.
Councilman Schneider suggested that perhaps the funeral home has
outgrown the site. He would prefer to deal with this as a compre-
hensive plan rather than piecemeal. He felt that the neighborhood
issues could be resolved.
Mr. Lexvold stated that the only reason to separate the variances
was to enable them to proceed with the addition to the existing
building. It may be possible they would not need the addition to
the storage building, but he is not in a position to speak for the
corporation.
Mayor Nee stated that he was disappointed. He felt that Miller
Funeral Home has been an asset to the community.
Mr. Lexvold stated that it was not his intention to offend anyone.
Councilwoman Bolkcom asked if there were any other options for the
petitioner.
Mr. Knaak, City Attorney, stated that, as noted by staff, Council
must make a decision by January 3, 1997 in order to comply with the
sixty-day requirement. Since there are no Council meetings until
January 6, 1997, a decision must be made this evening.
UPON A ROLL CALL VOTE TAKEN ON THE MOTION TO DENY VARIANCE REQUEST,
VAR #96-22, Councilman 5chneider, Councilwoman Jorgenson, and Mayor
Nee voted in favor of the motion. Councilwoman Bolkcom and
Councilman Billings voted against the motion. Mayor Nee declared
the motion carried.
3. ORDINANCE N0. 1087 ESTABLISHING BY INTERIM ORDINANCE A
MORATORIUM WITHIN THE CITY ON THE CONSTRUCTION OF NEW
COMMUNICATION PND ANTENNA ARRAY TOWERS AND ON THE USE AND
DEVELOPMENT OF PROPERTY FOR SUCH NEW TOWERS THEREBY AMENDING
THE CITY CODE BY ADDING A NEW SECTION FOR THAT PURPOSE:
Mr. Dave Hagen, Property Specialist with Sprint 5pectrum, stated
that he appreciated the opportunity to address Council concerning
this proposed moratorium. As Council is aware, Sprint Spectrum is
� FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 1996 PAGE 11
one of the purchasers of a license from the FCC to provide personal
communication services to the Twin City area. Their goal is to
launch service in Minneapolis the first quarter of 1997. They have
been working wrth City staff and have been before the Planning
Commission and the City Council for approval of one request. Their
second request was recently submitted, and he became aware the City
was considering a moratorium.
Mr. Hagen stated that Sprint Spectrum is eager to provide services
to the citizens of the community and residents from the other
areas. He requested that Council exempt those requests that have
been submitted prior to institution of the moratorium. They would
like to provide good service to this part of the metro area. That
is the reason for his request.
Councilwoman Bolkcom asked Mr. Hagen why he felt the requests that
have been submitted should be granted
Mr. Hagen stated that he has been working on this particular
proposal with City staff for a nun�er of months.
Councilwoman Bolkcom stated that the National League of Cities and
many other crties are working on moratoriums because it is new
� technology. There are also concerns about the impact on the
residents in the community.
Councilman Schneider stated that there are many issues and nuances
in the ordinance requiring aesthetic treatment of the towers. For
example, in one community all the towers have to be camouflaged as
trees. He felt that there are a lot of issues that need to be
addressed. Some time is needed to research what is being done in
order to be fair to the applicant, as well as the residents.
Mr. Hagen stated that they have chosen the location of the proposed
tower very carefully with conCern about how it may affect the
community.
MOTION by Councilman Schneider to waive the reading and adopt
Ordinance No. 1087 on the second reading and order publication.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
NEW BUSINESS:
21. RESOLUTION NO. 123-1996 ADOPTING A SUDGET FOR THE FISCAL YEAR
1997:
Mr. Pribyl, Finance Director, stated that this budget was prepared
� in accordance with Chapter 7 of the City Charter. Council held a
public hearing on December 4 regarding adoption of the budget,
concurred that the budget document was prepared appropriately, and
presented in accordance with the Truth in Taxation notice.
� FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 1996 PAGE 12
Mr. Pribyl stated that the budget was presented in detail by the
City Manager at the December 4 meeting. The total budget is
$13,380,417 and consists of four components: General Fund,
$10,029,705; Special Revenue Funds, $889,197; Capital Pro�ect
Funds, $2,457,604; and Agency Fund, $3,911.
Mr. Pribyl stated that a property owner's tax would actually
decrease 5.33 percent for a home valued at $90,000 This decrease
is the City portion of the property tax bill.
MOTION by Councilwoman Bolkcom to adopt Resolution No. 123-1996.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
22. RESOLUTION NO 124-1996 DECLARING THE NECESSITY TO LEVY A TAX
WHICH APPEARS TO BE IN EXCESS OF 16 MILLS AND CERTIFYING TAX
LEVY REQUIREMENTS FOR 1997 TO THE COUNTY OF ANOKA FOR
COLLECTION:
Mr. Pribyl, Finance Director, stated that this resolution satisfies
Section 7.02 of the City Charter which requires that if the City
were to levy a tax in excess of 16 mills, a resolution needs to be
passed showing the necessity of such a tax. In 1988, the State
� Legislature changed the method of computing the tax levy from mill
levy to tax capacity. Since the City Charter has not been changed
to reflect this change in the tax law, this resolucion is
necessary. Mr. Pribyl stated that the second part of the
resolution certifies the tax levy requirement for the 1997 budget
to Anoka County.
MOTION by Councilman Schneider to adopt Resolution No. 124-1996.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
23 APPROVE 1997 SCHOOL REFERENDUM LEVY RETURN AGREEMENTS (SCHOOL
DISTRICT NOS. 11, 13, 14 AND 16):
Mr. Pribyl, Finance Director, stated that these agreements are the
same as the City has been providing to the school districts for the
last nine years. The agreements were approved by the school
districts and will return tax increment payable in 1997. The
agreements are voluntary on the City's part. The amounts estimated
to be returned to each school district are as follows. School
District No. 11, $17,930; School District No. 13, $3,878; School
District No. 14, $227,121; and School District No. 16, $66,898; or
a total of $315,827.
MOTION by Councilwoman Jorgenson to approve the 1997 school
� referendum levy return agreements with School District Nos. 11, 13,
14 and 16. Seconded by Councilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
� FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 1996 PAGE 13
24. APPROVE THE MINNESOTA DEPAEtTMENT OF TRANSPORTATION'S PLANS FOR
AND THE CITY'S COST PARTICIPATION IN THE TRAFFIC SIGNAI,
INTERCONNECT SYSTEM ON HIGHWAY 65 (WARDS 1 AND 2):
Mr. Flora, Public works Director, stated that the Minnesota
Department of Transportation is proposing to upgrade the signal
control wires to improve the signal coordination and timing along
Highway 65 from Lake Pointe Drive north to 85th Avenue. The City
is being requested to participate in the signal improvements at an
estimated cost of $15,416 to cover the cost for the cable. The
City will be requesting State Aid funds ior these improvements.
The improvements include the intersections of Lake Pointe, Rice
Creek Road, Mississippi Street, 73rd Avenue and Osborne Road
MOTION by Councilwoman Jorgenson to approve the Minnesota
Department of Transportation's plans and the City's cost
participation in the amount of $15,416 for the cost of the cable to
upgrade the signals on Highway 65. Seconded by Councilman
Schneider. Upon a voice vote, a11 voting aye, Mayor Nee declared
the motion carried unanimously.
25. FIRST READING OF PN ORDINANCE AMENDING SECTION 2.06.01 OF THE
FRIDLEY CITY CHARTER (VACANCIES IN THE COUNCIL):
� Mayor Nee stated that the City Charter already describes the
satisfactory performance or non-performance and does so without any
issue that was raised concerning the need to replace members that
are already performing according to the present Charter.
Councilman Billings stated that he felt the Charter Commission was
trying in a reasonable manner, without re-writing the entire
passage, to clean up the language. He did not know if it was
totally accomplishing the Commission's intent, but he does not
perceive that the change is the "devil in disguise." He felt that
it was a reasonable change, and he would be willing to support it.
Councilwoman Bolkcom stated that she agreed with Councilman
Billings' comments.
Councilman Schneider stated that he has been open on his feelings
towards this amendment. He did not know if he would describe it as
the "devil in disguise," but he felt the proposed language added
more ambiguity. It is serious to remove a member from office that
has been elected by the voters. He felt that it should be very
specifically articulated what the Commission is trying to
accomplish.
Councilwoman Bolkcom felt that it would virtually impossible to
� list every single cause for removal from office
Councilman Schneider felt that the language "without good cause"
seems to cover situations that may arise.
�
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 1996 PAGE 14
Mayor Nee stated that the Charter presently describes the powers of
the Mayor, responsibilities of the Council, and satisfactory
performance. He cannot see any need to encroach on the Charter as
it now stands.
MOTION by Councilwoman Bolkcom to waive the reading and approve the
ordinance on first reading. Seconded by Councilman Bill u�gs.
UPON A ROLL CALL VOTE, Councilman Billings, Councilwoman Bolkcom,
and Councilwoman Jorgenson voted in favor of the motion. Mayor Nee
and Councilman Schneider voted aqainst the motion. Mayor Nee
declared the motion failed.
19. ESTIMI�TES:
MOTION by Councilman Schneider to approve the following estimates:
Hardrives, Inc.
9724 Tenth Avenue North
Plymouth, MN 55441
1995 Street Improvement Pro�ect
No. ST. 1995 - 1& 2
� FINAL ESTIMATE . . . . . . . . . .
Richmar Construction, Inc.
7776 Alden Way, N.E.
Fridley, MN 55432
Water Treatment Plant No. 3
Pro�ect No. 293
Estimate No. 4 . . . . .. . . . .
Thomas & Sons Construction, Inc.
13925 Northdale Boulevard
Rogers, MN 55474
1996 5treet Improvement
No. ST. 1996 - 1& 2
Estimate No. 5 . . . .
Frederick W. Knaak, Esq.
Holstad and Larson, P.L.C.
3535 Vadnais Center Drive
St. Paul, MN 55110
Pro�ect
Services Rendered as City Attorney
for the Month of November, 1996. .
�
$ 29,199.63
$119,242.12
$ 12,292.62
$ 4,856.30
�
�
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 1996 PAGE 15
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 Universrty Avenue N.E.
Fridley, MN 55432
ServiCes Rendered as City Prosecuting
Attorney for the Month of September, 1996
Seconded by Councilman Billings.
MOTION by Councilman Schneider
deleting the following estimate:
Thomas & Sons Construction, Inc.
13925 Northdale Boulevard
Rogers, MN 55374
$ 15,105.29
to amend the above motion by
1996 Street Improvement Pro�ect
No. ST. 1996 - 1& 2
Estimate No. 5 . . . . . . . .
$ 12,292.62
Seconded by Councilman Billings. 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.
26, INFORMAL STATUS REPORTS:
L�CKE LAKE:
Mr. Flora, Public Works Director, reported that dirt would be
removed in January and February from Locke Lake. The compaction
would done in the spring.
Mr. Burns, City Manager, stated that bids for the Locke Lake
pro�ect were under the estimate. Staff and Commissioner Kordiak
will be meeting with representatives of the Rice Creek Watershed
District.
COMMUNITY EDUCATION CENTER:
Councilwoman Bolkcom asked when the plans for the Community
Education Center would be reviewed.
Mr. Burns stated that these plans have been turned over to the
City's building official for review. Most of the issues are very
minor and technical. He did not believe they requzre Council's
review.
Councilwoman Bolkcom suggested that when the outdoor plaza is
constructed at the Community Education Center, the City may want to
�
�
1
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 16, 1996 PAGE 16
investigate having this constructed by individual persons
purchasing bricks as a contribution to the plaza. She stated that
this had been done in San Antonio, Texas for streets and sidewalks,
and it worked well.
TRUCK ROUTES:
Councilman Bolkcom asked about approval of the truck routes
recently proposed in the City.
Mr. Flora stated that he did not anticipate any problems with
approval from the Minnesota Department of Transportation, but this
would have to go through the process.
SCHOOL DISTRICT REFERENDUM:
Councilwoman Jorgenson reminded residents who live in School
District No. 13 that there is a referendum issue on the school
district's ballot tomorrow. Voters should get out to vote from
7:00 a.m. to 8:00 p.m
TELEVISED COMMISSION MEETINGS:
Councilwoman Bolkcom stated that Commission meetings will be
televised. Residents can call the Municipal Center to obtain a
schedule.
MAYOR'S COMMENTS:
Mayor DTee stated that this is his last meeting, and he wanted to
thank everyone. He said that it has been an en�oyable trip.
ADJOURNMENT:
MOTION by Councilman Billings to ad�ourn the meeting. Seconded by
Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously and the Regular Meeting of
the Fridley City Council of December 16, 1996 ad�ourned at
9:18 p.m
Respectfully submitted,
Carole Haddad
Secretary to the City Council
William J. Nee
Mayor