03/31/1997 - 00001560�
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THE MINUTES OF THE REGULAR MEETING OF THE
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The Regular Meeting of the Fridley City Council was called to order
by Mayor Jorgenson at 7:30 p.m.
PLEDGE OF ALLEGIPNCE:
Mayor Jorgenson led the Council and audience in the Pledge of
Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT:
MEMBERS ABSENT
APPROVAL OF MINUTES:
COUNCIL MEETI
Mayor Jorgenson, Councilman Barnette,
Councilman Billings and Councilwoman Bolkcom
Councilman Schneider
MP.RCH 3, 1997:
MOTION by Councilman Barnette to approve the minutes as presented.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS:
1. ORDINANCE N0. 1093 RECODIFYING THE FRIDLEY CITY CODE,
CHAPTER 114, ENTITLED "ABANDONED MOTOR VEHICLES," BY AMENDING
SECTION 114.01, "POLICY:"
Mr. Burns, City Manager, stated that this ordinance amendment
removes the date of March 3D, 1997 as the expiration date of
the City's revised �unk vehicle ordinance. Council adopted
this revision in June, 1996, which shortens the notification
period for removal of abandoned or �unk vehicles from twenty
to five days. In view of the success of this new approach to
�unk vehicles, staff recommends Council's approval of the
second reading of this ordinance.
WAIVED THE READING AND ADOPTED ORDINANCE NO
SECOND READING AND ORDERED PUBLICATION.
NEW BUSINESS:
1093 ON THE
2. RECEIVE THE MINUTES OF THE PLANNING COMMISSION NLEETING OF
FEBRUARY 19, 1997:
RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF
E'EBRUARY 19, 1997.
� FRIDLEY CITY COUNCIL MEETING OF MARCH 31, 1997 PAGE 2
3. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
MnRru S_ iqA��
RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF
MARCH 5, 1997.
4. PLAT REQUEST, P.S. #97-01, BY STEINER DEVELOPMENT, TO REPLAT
PROPERTY GENERALLY LOCATED AT 193-223 OSBORNE ROAD N.E.
(WARD 3):
Mr. Burns, City Manager, stated that this plat establishes a
second industrial 1ot to the west of Gazda Moving and Storage
on property located near the intersection of Osborne Road and
Commerce Lane. This newly crated parcel will accommodate a
50,000 square foot office/warehouse building that is to be
constructed this spring and summer.
Mr. Burns stated that cross parking and access easements will
be recorded between this new parcel and the Gazda parcel,
giving users of both parcels access to Osborne Road via a
common driveway. Both parcels exceed the area requirements
specified in the M-2 zoning requirements.
' APPROVED PLAT REQUEST, P.S. #97-01, BY STEINER DEVELOPMENT, TO
REPLAT PROPERTY GENERAI,LY LOCATED AT 193-223 OSBORNE ROAD,
WITH THE STIPULATIONS THAT (1) CROSS PARKING AND ACCESS EASE-
MENTS SHALL SE RECORDED AT ANOKA COUNTY; AND (2) THE PETI-
TIONER SHAI�L INSTALL THE TRIANGULAF2 RAISED ISI,AND IN THE
DRIVEWAYS REQUESTED BY ANOKA COUNTY.
5. RESOLUTION N0. 26-1997 APPROVING A COMPREHENSIVE PLAN
AMENDMENT, CPA #97-01, TO CHANGE LAND USE DE5IGNATION FROM
COMMERCIAI, TO INDUSTRIAL IN THE CITY'S COMPREHENSIVE PLAN,
GENERALLY LOCATED AT 1155 73-1 2 AVENUE N.E. (WARD 3).
Mr. Burns, City Manager, stated that the petitioner is
propo5ing to construct a 30,000 square foot self storage
facility. The Planning Commission voted unanimously to
approve this change at their March 5, 1997 meeting.
ADOPTED RESOLUTION NO. 26-1997.
6. APPROVE APPOINTMENT TO THE NORTH SUBURBAN CONSUMER ADVOCATES
FOR THE HANDICAPPED (NSCAH):
Mr. Burns, City Manager, stated that James Bauer has been
recommended for appointment as the City's representative to
the North Suburban Consumer Advocates for the Handicapped.
� APPROVED THE APPOINTMENT OF JIaMES BAUER AS THE CITY'S
REPRESENTATIVE TO THE NORTH SUBURBF.N CONSUMER ADVOCATES FOR
THE HANDICAPPED.
� FRIDLEY CITY COUNCIL MEETING OF MARCH 31, 1997 PAGE 3
7. RESOLUTION NO. 27-1997 APPROPRIATING MUNICIPAL STATE AID FUNDS
FOR THE ENGINEERING AND DESIGN OF A JOINT CITY OF FRIDLEY AND
MINNESOTA DEPARTMENT OF TF�INSPORTATION INTERSECTION IMPROVE-
MENT PROJECT:
Mr. Burns, City Manager, stated that the City has been working
with MnDOT and Anoka County to identify improvements for the
intersection of Highway 65 with I-694. The City has also
successfully solicited Federal ISTEA funding for this project
which is scheduled to be constructed next year. This
resolution requests $719,800 in MSA (State) off-system funding
for the design, engineering, and construction of this pro�ect.
ADOPTED RESOLUTION NO. 27-1997.
8. RECEIVE BIDS AND AWARD CONTRACT FOR MISCELLANEOUS CONCRETE
CURB AND GUTTER AND SIDEWALK, PROJECT N0. 305:
Mr. Burns, City Manager, stated that the low bidder for this
pro�ect was S.M. Hentges in the amount of $41,933, and staff
recommends the bid be awarded to them.
RECEIVED THE FOLLOWING BIDS FOR MISCELLANEOUS CONCRETE CURB
AND GUTTER AND SIDEWALK, PROJECT NO. 305: 5. M. HENTGES,
� $41,933.00; LANDMARK CONCRETE, $46,187.10; INDEPENDENT CURB,
$47,273.25; SCHMIDT CURB COMPANY, $51,535.00; GLTNDERSON
BROTHERS, INC., $52,667.50; RON KASSA CONSTRUCTION,
$55,451.25; HALVORSON CONSTRUCTION COMPANY, $57,510.00;
STANDARD SIDEWALK, $62,480.00; AND CURB MASTER, INC.,
$65,385.00.
AWARDED THE CONTRACT TO THE LOW BIDDER, S. M. HENTGES IN THE
AMOUNT OF $41,933.00 FOR PROJECT NO. 305
9. RECEIVE RECOMMENDATIONS FROM SPRINGSTED REGARDING THE SALE OF
$9,575,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS,
OBLIGATION WATER REVENUE
REFUNDING BONDS, SERIES 1997B:
Mr. Burns, City Manager, stated that the Council's approval of
these bond sales will allow staff to call the bonds for both
of these issues on their upcoming call dates. The issues
would then be resold at a new interest rate. The City's
financial advisor, Springsted, Inc., calculates a net savings
of $1,447,420.92 and $79,679.46 on the two issues.
Mr. Burns stated that staff recommends that Council receive
the recommendations from 5pringsted. The proposed sale date
� for both issues is April 28, 1997 with awards for the sale
pro�ected for the same date.
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FRIDLEY CITY COUNCIL MEETING OF MARCH 31, 1997
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PAGE 4
RECEIVED RECOMh]ENDATIONS FROM SPRINGSTED REGAI2DING THE SALE OF
GENERAL OBLIGATION BONDS.
RESOLUTION N0. 28-1997 INITIATING THE PROCESS FOR THE SALE OF
ING
ES
Mr. Burns, City Manager, stated that this relates to Item 9 on
the agenda.
ADOPTED RESOLUTION NO. 28-1997.
11. RESOLUTION NO. 29-1997 INITIATING THE PROCESS FOR THE SALE OF
THE CITY'S GENERP.L OBLIGATION WATER REVENUE REFUNDING BONDS,
SERIES 1997B:
Mr. Burns, City Manager, stated that this relates to Item 9 on
the agenda.
ADOPTED RESOLUTION NO. 29-1997.
12. RESOLUTION NO. 30-1997 APPROVING AND AUTHORIZING SIGNING AN
AGREEMENT ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS OF
EMPLOYEES OF THE CITY OF FRIDLEY FIRE DEPARTMENT FOR THE
YEARS, 1996, 1997 AND 1998:
Mr. Burns, City Manager, stated that this agreement relating
to wages and benefits is essentially the same as those
included in the most recent contract with Public Works
employees. Wages are to increase by two percent for 1996,
three percent for 1997, and three percent for 1998. The
health insurance benefit will remain at $345 per month for
family coverage and $210 per month for single coverage through
1997. The contract provides that health coverage for 1998
will be the same as those established for non-union employees.
ADOPTED RESOLUTION NO. 30-1997.
13. APPOINTMENTS• CITY EMPLOYEES:
Mr. Burns, City Manager, stated it is recommended that Peter
Gunderson be appointed to the position of Public Services
Worker and Jean Krelic be appointed to the position of
Account/Data Processing Clerk. Both positions are
replacements for employees who have left or were promoted.
Mr. Burns reviewed Mr. Gunderson's and Ms. Krelic's work
history.
CONCURRED WITH THE FOLIAWING APPOINTMENTS:
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FRIDLEY CITY COUNCIL MEETING OF MARCH 31, 1997 PAGE 5
Name Position
Peter Public Services
Gunderson Worker, Streets
Non-exempt
Jean Acctg/Data
Krelic Processing
Clerk
Non-exempt
14. CLAIMS:
Starting Starting
Salary Date
$11.86 Apri1 14,
per hour 1997
$11.07 March 31,
per hour 1997
Replaces
Joseph
Gonsior
Carol
Meyer
AUTHORIZED PAYMENT OF CLAIMS NO. 73270 THROUGH 73530.
15. ESTIMATES:
MOTION by Councilwoman Solkcom to add the estimate for
services rendered by the City Attorney, Frederic Knaak, in the
amount of $5,097.50. Seconded by Councilman Barnette. Upon a
voice vote, all voting aye, Mayor Jorgenson declared the
motion carried unanimously.
APPROVED THE ESTIMATES, AS FOLLOWS:
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432
Services Rendered as City Prosecuting
Attorney for the Month of January, 1997.
Richmar Construction, Inc.
7776 Alden Way N.E.
Fridley, MN 55432
Water Treatment Plant No. 3
Pro�ect No. 293
Estimate No. 7 . . . . . .
Frederic Knaak, Esq.
Holstad & Larson, P.L.C.
3535 Vadnais Center Drive
St. Paul, MN 55110
Services Rendered as Crty Attorney
for the Month of March, 1997 .....
$ 15,802.50
$151,828.05
. $ 5,097.50
No persons in the audience spoke regarding the proposed consent
agenda items.
' FRIDLEY CITY COUNCIL MEETING OF MARCH 31, 1997 PAGE 6
MOTION by Councilwoman Bolkcom to approve the consent agenda items.
Seconded by Councilman Barnette. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
ADOPTION OF AGENDA:
MOTION by Councilman Billings to adopt the agenda as submitted.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
OPEN FORUM, VISITORS:
TRAFFIC ON MAIN STREET BETWEEN 44TH AVENLTE AND 61ST STREET:
Mr. Tom Rafferty, 198 Horizon Circle, stated that the traffic on
Main Street between 44th Avenue and 61st Avenue moves very fast,
and motorists ignore the stop signs. His concern is that, with the
warmer weather, children will be on their bicycles and people will
be walking, and safety will be an issue.
Councilwoman Bolkcom asked Mr. Rafferty if he had any ideas what
could be done to alleviate this situation.
� Mr. Rafferty stated it does not seem that the traffic from Home
Depot is a concern, but it is the motorists durin� the rush hour.
There have been several accidents at 49th and 53` Avenues, but he
did not have an answer to solve this problem. There have been
patrol cars in the area, but he felt they could not be there every
day.
Councilwoman Bolkcom stated that possibly the Public Safety
Director, Dave Sallman, could suggest what could be done.
PUBLIC HEARING:
16. PUBLIC HEARING ON ISSUANCE OF A BEER LICENSE TO SIDCO FOOD
COMPPNY, L.L.C. (DBA: HOLIDAY FOOD
MOTION by Councilman Barnette to waive the reading of the public
hearing notice and open the public hearing. Seconded by Council-
woman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson
declared the motion carried unanimously and the public hearing
opened at 7:45 p.m.
Mr. Burns, City Manager, stated that the Applebaum family has
purchased the food operations o£ the Holiday Stores in the Twin
Cities area. As the ownership changes, the new owner is required
� to obtain a license to sell 3.2 beer. The Police Department
conducted the required background investigation of Sidco Food
Company and found no reason to deny this request for a license.
Unless the public hearing is continued, the issuance of a license
� FRIDLEY CITY COUNCIL MEETING OF MARCH 31, 1997 PAGE 7
will be incorporated in the licenses to be approved by the City
Council on April 14.
Mr. Gary Miron stated that he would like the license granted as
soon as possible. The store is undergoing changes, and he hopes to
improve its position in the community and the market place. Some
capital improvements are being completed, and cleaning and
refurbishing are also being done.
Mayor Jorgenson stated there is a statute requirement that the
public hearing must be held for this license. The action to deny
or approve this request must be taken at the next meeting.
Councilwoman Bolkcom asked if improvements are planned for the
outside parking lot.
Mr. Miron stated that the landlord has been contacted and increased
lighting has been requested, as well as some painting and general
clean-up. He would be actively involved to make this store more
attractive, Mr. Applebaum is a very good retailer, and there will
be some improvements completed.
No other persons spoke regarding the issuance of this beer license
� to Sidco Food Company.
MOTION by Councilwoman Bolkcom to close the public hearing.
Seconded by Councilman Barnette. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
NEW BUSINESS:
17. FIRST READING OF AN ORDINANCE OF THE CITY OF FRIDLEY,
MINNESOTA, ADOPTING THE PREVAILING HOURS OF LABOR AND
PREVAILING WAGE RATE ON CERTAIN PROJECTS FOR OR WITHIN THE
rrmv.
Councilman Billings stated that this ordinance is a replacement for
a resolution that was in effect for about six years. This
ordinance requires contractors meet the requirements of the
Minnesota Prevailing Wage Act on certain City funded pro�ects. He
analyzed Public Works pro�ects done from 1986 to 1990 and found
that almost all the contractors were paying the prevailing wage.
He found that if the City had a prevailing wage policy in force
during that time frame, the cost to the City would have increased
only about one percent. He stated that the economists indicate
that by paying prevailing wages and providing the health coverage
that goes with prevailing wages, the social costs are much less.
� Councilwoman Bolkcom stated that Councilman Billings did a good �ob
of working on this and providing background information. After
conversations with business owners in the City that pay prevailing
wages, she would have voted for prevailing wages when this first
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FRIDLEY CITY COUNCIL MEETING OF MARCH 31, 1997 PAGE 8
came before the Council. There are some differences, however, in
this ordinance from the previous resolution.
Councilman Billings stated that the resolution passed in 1990
indicated prevailing wages had to be paid on all pro�ects. In
June, 1996, the City Council reversed their position on prevailing
wages because of a single family housing pro�ect where rt was felt
it may be difficult to find a contractor for single family homes
that was paying prevailing wages. On a three to two vote,
prevailing wages were not in effect for about a year. Since this
time, Council has done more research. This proposed ordinance does
exclude one to four family dwelling units from the prevailing wage
requirements. For these smaller units people may hire a contractor
to do some of the work and then do some finishing work themselves.
It was felt that for five or more units, an owner would generally
hire a contractor to complete all the work.
Councilman Barnette stated that he strongly supports this ordinance
and appreciates Councilman Sillings' work on this issue. He felt
that the City should exercise control to keep up the working
people's wages whenever possible.
Mayor Jorgenson asked if this ordinance would apply to all
agreements between the City and those with the Housing and
Redevelopment Authority.
Mr. Knaak, City Attorney, stated that the ordinance applies to all
work performed on pro�ects using City funds. He has not discussed
this language with the attorney for the Housing and Redevelopment
Authority. The City can enact an ordinance that governs or
controls the HRA activities. If funds are derived from the City
this ordinance would control the HRA pro�ects.
MOTION by Councilwoman Bolkcom to waive the reading and approve the
ordinance on first reading. Seconded by Councilman Barnette. Upon
a voice vote, a11 voting aye, Mayor Jorgenson declared the motion
carried unanimously.
MOTION by Councilman Billings to direct the City Manager and City
Attorney to draft language to be used in all City and Housing and
Redevelopment Authority contracts over $25,000, loan agreements,
grant agreements, and development agreements that will provide the
necessary procedure for enforcement of the prevailing wage
ordinance and provide for liquidated damages of five percent (5%)
of the contract amount. Flzrther, said language shall be presented
to the City Council at the time of the second reading of this
ordinance. Seconded by Councilwoman Bolkcom. Upon a voice vote,
all voting aye, Mayor Jorgenson declared the motion carried
unanimously.
1 FRIDLEY CITY COUNCIL MEETING OF MARCH 31, 1997 PAGE 9
18. VARIANCE REQUEST, VAR #97-02, BY DAVE RYAN, TO REDUCE THE
FRONT YARD SETBACK FROM 35 FEET TO 18 FEET, AND TO ALLOW PN
HARTMAN CIRCLE N.E. (WARD 3):
Mr. Hickok, Planning Coordinator, stated that this is a request for
a variance to reduce the front yard setback from 35 feet to 18 feet
and to allow an accessory structure in the front yard. There are
several options, which have been presented, in order to construct a
garage on this parcel. If Option A is used, the variance would be
to reduce the front yard setback from 35 feet to 32 feet.
Mr. Hickok stated that Mr. Ryan is a real estate agent who is
assisting the owner of this property, Ms. Belgum, in marketing her
home. In order to sell this property, a garage is required. In
reviewing the options, a garage could be constructed on the
property. However, without a variance it would involve remodeling
the inside of the home.
Mr. Hickok stated that the Appeals Commission considered the
request to reduce the front yard setback from 35 feet to 18 feet
(Option B). A motion to approve this variance failed on a tie
� vote, and a buyer interested in the property withdrew this request
after the Appeals Commission meeting. The request before Council
this evening is a variance to allow an accessory structure in the
front yard and a variance to reduce the front yard setback from 35
feet to 32 feet.
Councilman Billings stated that if the garage is moved closer to
the home, in addition to construction of a fire wall, the driveway
is then closer eliminating potential spots for snow storage and a
possible drainage problem. Aesthetically, it would not be as
pleasing because persons would be looking at a garage door rather
than the side of a garage. He asked if there are any assurances
the garage would be positioned so the front of the garage is not
visible from the street.
Mr. Ryan, the petitioner, stated that with the attached garage the
logical driveway would be straight out to the street and would be
more aesthetically pleasing.
MOTION by Councilwoman Bolkcom to grant Variance Request, VAR
#97-02, to allow an accessory structure in the front yard and to
reduce the front yard setback from 35 feet to 32 feet, with the
following stipulations: (1) the garage door opening is to face
east; and (2) the garage is to be architecturally compatible with
the home. Seconded by Councilman Barnette. Upon a voice vote, all
� voting aye, Mayor Jorgenson declared the motion carried
unanimously.
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FRIDLEY CITY COUNCIL MEETING OF MARCH 31, 1997 PAGE 10
19. APPROVE AGREEMENT FOR CURBSIDE RECYCLING SERVICES BETWEEN THE
CITY OF FRIDLEY AND WASTE MANAGEMENT, INC.:
Ms. Julie Jones, Recycling Coordinator, stated that this agreement
is based on the RFP the Council reviewed several weeks ago. The
agreement would be in effect from April 1, 1997 through March 31,
1999. She reviewed the changes from the previous agreement. One
change is how the City wi11 modify the count on certified dwelling
units due to the Christenson Crossing development. The requirement
of service to Fridley schools was also eliminated since they have
their own contracted recycling program. Added lanquage allows the
contractor to request a price ad�ustment in the event certain costs
beyond their control change significantly; to provide service to
the door for handicapped households; and to provide container
delivery to new residents and to replace lost, damaged or stolen
recycling containers. Language was also modified to match the new
recycling route days.
Ms. Jones stated that there were a lot of questions raised by
residents. Most items were covered in the brochure that was mailed
to residents of single family homes. A brochure will be sent to
the multi-tenant owners with information for them to distribute to
their tenants.
Mayor Jorgenson stated that she was asked by a resident, who has
difficulty grasping the recycling containers, if she could get a
small garbage can with wheels to use for her recycling.
Ms. Jones stated that, most likely, this would not be a problem.
There are restrictions, however, on how much the driver can lift.
This would not be a problem if the container was not over forty
pounds.
Ms. Jones reviewed some of the questions she received from the
residents that were addressed.
Councilwoman Bolkcom asked if the garbage haulers were aware of
this recycling program. Ms. Jones stated that they were mailed a
copy of the map outlining the various recycling days in the City.
Councilwoman Bolkcom stated that residents still have the option of
taking their recyclables to the recycling center. She understood
there were some questions about the cost.
Ms. Jones stated that this weekly service is about 35 percent more
than it would have cost to stay with the existing program. The
ma�ority of the residents were in favor of a weekly service. There
is no additional costs for 1997; however, the costs for 1998 will
have to be reviewed.
Mayor Jorgenson stated that the video on the recycling program was
well done.
FRIDLEY CITY COUNCIL MEETING OF MARCH 31, 1997 PAGE 11
MOTION by Councilman Barnette to approve the agreement for curbside
recycling services between the City and Waste Management, Inc.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
20. INFORMAL STATUS REPORTS:
Mr. Burns, City Manager, stated that the items to be discussed
during the conference session are the PCS telecommunications
antenna issue and the proposal for upgrading 57th Avenue between
University Avenue and Main Street.
Ms. Dacy, Community Development Director, stated that the Home
Remodeling Fair will be held this Saturday, April 5 at the Fridley
High School from 10:00 a.m. to 3:00 p.m. There was a tremendous
response from vendors, and they are expecting over 1,000 persons to
attend. The City's new remodeling advisor, Margaret Metsdorff,
will be in present to answer questions. Ms. Dacy stated that Barb
Warren of the Chamber of Commerce was very helpful in recruiting
volunteers and organizing the workshops. This event is co-
sponsored by Home Depot, and the City appreciates their
participation.
Councilwoman Bolkcom stated that there would be a meeting of the
� Riverview Heights neighborhood this wednesday, April 2 downstairs
in the Municipal Center. The purpose of the meeting is to address
flooding issues.
ADJOURNMENT :
MOTION by Councilman Billings to adjourn the meeting. Seconded by
Councilman Barnette. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously and the Regular
Meeting of the Fridley City Council of March 31, 1997 ad�ourned at
8:40 p.m.
Respectfully submitted,
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Carole Haddad
Secretary to the City Council
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Nancy J. Jorgen�
Mayor