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05/05/1997 - 00001604� � � THE MINUTES OF THE REGUI,AR MEETING OF THE FRIDLEY CITY The Regular Meeting of the Fridley Crty Council was called to order by Mayor Jorgenson at 7:30 p.m. PLEDGE QF ALLEGIANCE: Mayor Jorgenson led the Crty Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMSERS PRESENT MEMBERS ABSENT PROCLAMATIONS; Mayor Jorgenson, Councilman Barnette, Councilman Billings, and Councilwoman Bolkcom Councilman 5chneider PUBLIC WORKS WEEK, MAY 11-17, 1997: Mayor Jorgenson read and issued a proclamation proclaiming the week of May 11 through 1�, 1997 as Public Works Week. She called upon all citizens and civic organizations to acquaint themselves with the problems involved in providing public works services and to recognize the contributions Public Works Department personnel make every day to our health, safety and comfort. Mayor Jorgenson presented this proclamation to Paul Lawrence, Superintendent of Public Works. Mr. Lawrence thanked the Mayor and City Council for this proclamation recognizing the Public Works staff. He stated that this has been a particularly difficult year with all the snow and the flood situation. He wished to recognize his employees who have put in a lot of hours. He felt they did a good �ob for the City. VETERANS' BUDDY POPPY DAY, MAY 16, 1997: Mayor Jorgenson read and issued a proclamation proclaiming May 16, 1997 as Veterans' Buddy Poppy Day in the City of Fridley. She urged all residents to recoynize the merits of this cause by contributing generously to its support by purchasing buddy poppies on this day set aside for the distribution of these symbols of appreciation for the sacrifices of our honored dead. Mayor Jorgenson presented this proclamation to Tim Arnold, Junior Vice Commander of the Fridley VFW. Mr, Arnold thanked the Mayor and Clty Council for their support of Buddy Poppy Day. He introduced the Buddy Poppy Queen, Amanda Mortenson, who sold buddy poppies to the City Council. I I I�J � FRIDLEY CITY COUNCIL MEETING OF MAY 5, 1997 PAGE 2 APPROVAL OF MINUTES: COUNCIL MEETING, APRIL 28, 199'l: 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: ORDINANCE NQ. 1�94 ESTABLISHING SY INTERIM ORDINANCE UNDER THE PROVISIONS OF MINNESOTA STATUTES SECTION 462.355, AN EXTENSION TO A PREVIOUSLY ESTABLISHED MORATORIUM, WITHIN THE CITY OF FRIDLEY ON CONSTRUCTION OR EXPANSION OF MULTI-BAY WAREHOUSE OR SIMTLAR TRUCKING-BASED PRODUCT DISTRIBUTION FACILITIES; Mr. Burns, City Manager, stated that the orlginal moratoriurn was established by Council at the January 27, 1997 City Council meeting. Zhe purpose of the moratorium is to allow time for the study of zoning issues that are reiated to warehouse/distribution facilities located near residential areas. This extension would add another sixty days to the original 120 days and allow time for the Planning Commission and the City Council action on the newly created M-4 district. WAIVED THE READING AND ADOPTED ORDINANCE NO SECOND READING AND ORDERED PUBLICATZON. NEW BUSINESS: 1094 ON THE FIRST READING OF AN ORDINANCE ESTABLISHING BY INTERIM ORDINANCE AN EXTENSION TO A PREVIOUSLY ESTABLISHED MORATORIUM WITHIN THE CITY OF FRIDLEY ON THE CONSTRUCTION OF NEW COMMUNICATION AND ANTENNA ARRAY TOWERS AND ON THE USE AND DEVELOPMENT OF PROPERTY FOR SUCH NEW TOWERS THEREBY AMENDING ADDING A NEW SECTION FOP, THAT PURPOSL: Mr. Burns, City Manager, stated that the original moratorium was approved by Council on December 16, 1996 for 180 days. The extension is requested to allow time for completion of the Charter amendment process; completion of an ordinance and the holding of neighborhood meetings to pre-approve specific sites; and tlme for the City to determine whether or not it wishes to pursue ownership and operation of telecommunications facilities. The request for extension has been reviewed and approved by the City Attorney. � WAIVED THE READING AND APPI20VED THE ORDINANCE ON FIRST READING. � � � 3 CITY COUNCIL MEETING OF MAY 5, 1997 PAGE 3 ESTABLISH A PUBLIC HEARING FOR MAY 19, 199� ON PROPOSED AMENDMENT TO 5ECTION 11.01 OF THE FRIDLEY CITY CHARTER. Mr. Burns, City Manger, stated that this proposed amendment would add wireless or other communication services to the definition of public utility. The purpose of the amendment is to provide a legal foundation to enable the City to operate a telecommunications facility, if it chooses. The proposed public hearing date is May 19, and an ordinance is scheduled to be considered on June 9 and 23, 1997. SET THE PLTBLIC HEARING DATE FOR MAY 19, 1997 ON THIS PROPOSED AMENDMENT TO SECTION 11.01 OF THE CITY CHARTER. 4. RESOLUTION N0. 37-1997 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO 5PRING LAKE PARK LIONS CLUB: 5. Name Mr. Burns, City Manger, stated that this application is for renewal of a permit to operate at 5andee's Restaurant. The Police Department has had no problems at this location, and staff recommends approval. ADOPTED RESOLUTION NO. 37-1997. APPOINTMENTS: CITY EMPLOYEES: Mr. Burns, City Manger, recommended that Sue Anne Kirkham be appointed as Receptionist/Zicense Clerk. She has a B.A. Deqree in written communications from Metropolitan State Universrty and was employed as a secretary at D& D Home Improvement. She has also been employed as co-office administrator for Leonard Carlson, D.D.S. Mr. Burns also recommended James Erickson for appointment to the MIS Coordinator posrtion. He has a Bachelor's Degree from Augsburg College. He is a Novell certified NetWare engineer and a MicroSoft certified systems engineer. He was most recently employed as a systems engineer at Perigee Communications and served as a network systems technician at Anoka rounty. CONCURRED WITH THE FOLLOWING APPOINTMENTS BY THE CITY MANAGER: Starting Position Salary Sue Anne Receptionist/ $10.�1 Kirkham License Clerk per hour Non-exempt Starting Date May 6, 1997 Replaces Jean Michaels FRIDLEY CITY COUNCIL MEETING OF MAY 5, 1997 � Starting Starting Name Position Salary Date James MIS $41,801.76 May 19, Erickson Coordinator per year 199� Exempt I I L� � 6. CLAIMS: PAGE 4 Replaces Dawn Weigel AUTHORIZED PAYMENT OF CLAIM NOS. 74102 AND 74206 THROUGH 74312. 7. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. 8. ESTIMATES: APPROVED THE ESTIMATES AS FOLLOWS: Newquist & Ekstrum, Chartered 6401 University Avenue N.E. Suite 301 Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of March, 1997 Frederic W. Knaak, Esq. Holstad and Larson, P.L.C. 3535 Vadnais Center Drive Suite 130 St. Paul, MN 55110 Services Rendered as City Attorney for the Month of April, 1997 ... Thomas & Sons Construction, Inc. 13925 Northdale Boulevard kogers, MN 55374 1996 Street Improvement Pro�ect No. ST. 1996-1 & 2 Estimate No. 7 . . . . . . . . _ . $ 14,644.Q0 $ 6,868,50 $27,447.16 No persons in the audience spoke regarding the proposed consent agenda rtems. MOTION by Councilman Barnette to approve the consent agenda items. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. � ' FRIDLEY CITY COUNCIL MEETING OF MAY 5, 1997 ADOPTION OF AGENDA: PAGE 5 MOTION by Councilwoman Bolkcom to adopt the agenda as submitted. Seconded by Councilman Barnette. Mr. Burns, Crty Manager, requested that a resolution be added for the adoption of a policy and contract language implementing the provisions of the prevailing wage ordinance. MOTION by Councilman Barnette to amend the above motion by adding this resolution as Item 9A. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Jorgenson declared the motion carried unanimously. OPEN FORUM, VISITORS: Councilwoman Bolkcom stated that she is speaking on behalf of her husband, Harry Bolkcom, President of the Homeowners Association of Locke Lake, who could not attend the meeting this evening. She thanked the City Council, Anoka County, the Rice Creek Watershed District, and John Flora for their attendance at the dedication ceremcny for the Locke Zake dam. She invited everyone to come to the 1ake. She thanked everyone for their support over the years. She stated they are happy to have the lake and wildlife back. OLD BUSINESS: 9. ORDINANCE N0. 1095 ADOPTING THE PREVAILING HOURS OF LABOR AND PREVAILING WAGE RATE ON CERTAIN PROJECTS FOR OR WITHIN THE CITY: Mr. Knaak, City Attorney, stated that this is the second reading of this ordinance and Subdivision 3, Exceptions, and subsections b, c, and d, have been added since the first reading. This additional language incorporates some of the issues that have been raised and discussed since the first reading of the ordinance. The purpose of the ordinance is to adopt, for a11 pro�ects funded in the City, prevailzng wages sub�ect to a lzmited number of exceptions contained in the ordinance. The resolution that implements this ordinance is more involved. MOTIOPd by Councilwoman Bolkcom to waive the second reading and adopt Ordinance No. 1095 on the second reading and order publication. Seconded by Councilman Barnette. � MOTION by Councilman Billings to amend the ordinance by adding to its first reading as follows: Subdivision 3, Exceptions. Thls ordinance shall not apply to the following circumstances: (b) Any housing project or program within the City directed to or mark_eted � FRIDLEY CITY COUNCIL MEETING OF MAY 5, 1997 PAGE 6 for owner occupancy; or (c) Any housing pro�ect or program directed at rental unrts containing eight or fewer unrts; or (d) Any residential rehabilitation pro�ect, regardless of size, entirely paid for with non-City funds. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. Mayor Jorgenson clarified that Subdivision 3(a) remained the same from the first reading. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Jorgenson declared the motion carrled unanimously. 9A. RESOLUTION N0. 38-1997 FOR THE ADOPTION OF A POLICY AND CONTRACT LANGTJAGE IMPLEMENTING THE PROVI5IQNS OF QRDINANCE N0. 1095, PROVIDING FOR THE PAYMENT OF PREVAILING WAGES ON CERTAIN PROJECTS AND CONTRACTS WITHIN THE CITY: MOTION by Councilman Barnette to adopt Resolution No. 38-1997. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. MOTION by Councilman Billings to direct the City Manager, in his � ro1e as Executive Director of the HRA, to request that the HRA pass a similar resolution that would apply to HRA pro�ects. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. � NEW BUSINESS: 10. VARIANCE REQUEST, VAR #97-04, BY JIM DRIESSEN OF MEDTROPIIC, INC., TO ALLOW A SIGN TO BE DISPLAYED ABOVE A PUBLIC RIGHT-OF- WAY, GENERALLY LOCATED AT 70D0 CENTRAI, AVENUE N.E. (WARD 2), Mr. Hickok, Planning Coordinator, stated that this is a variance request by Medtronic, Inc., to allow the installation of a sign over the public right-of-way. The proposed sign is 2.5 feet by 15 feet. The City Code prohibits any permanent signs, other than governmental signs, erected or displayed upon any right-of-way or public property. The request is unusual in that there are only t4ao skyways in Fridley, one at Medtronic, Inc_, and one at Minco Products Inc. The Minco Products Inc. skyway is located above property that is owned entirely by Minco Products Inc. Mr. Hickok stated that the entrance drives at Medtronic, Inc. are located in a manner that, by the time rt is realized this is the Medtronic Inc. complex, the entrance drive has been passed The sign would provide better early identification. The width of the Central Avenue right-of-way limits the effectiveness of monument or wall signs. It is recommended that the sign not be 1it in order to reduce the impact on residential and park properties. � FRIDLEY CITY COUNCIL MEETING OF MAY 5, 1997 PAGE 7 Mr. Hickok stated that the Appeals Commission recommended approval on a three to one vote. Staff concurs with the stipulation that the sign shall not be illuminated. Diane Savage of the Appeals Commission abstained from voting because of her concerns about visual pollution along the creek. Mr. Drlessen, the petitioner, stated that he accepts staff's recommendation that the sign be non-illumznated. The purpose of the sign is to identify their worldwide headquarters and to give more visibility for visitors to Medtronic, Inc. MOTION by Councilman Barnette to grant Variance Request, VAR #97-04, with the stipulation that the sign not be illuminated. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 11. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that the item to be discussed in the conference session is whether or not to place causeway lighting along Highway 65 from Lake Pointe to Moore Lake Commons. Councilwoman Bolkcom asked Mr. Flora to comment on the condition of � Cheryl Street and Broad Avenue. Mr. Flora, Public Works Director, stated that a question was raised about the condition of Cheryl Street and Broad Avenue. These streets were not impacted by the flood. The streets in this area were poorly constructed and, as a result or freezing and thawing, they are cracking, with pieces of asphalt loosening Staff is proposing that Council address this area for future upgrading. At this time, however, the streets will be repaired and patched. Councilman Billings stated that Council was told that part of the problem with Broad Avenue was water coming through the roadway surface. Mr. Flora stated that both Cheryl Street and Broad Avenue had some storm water backing up. When Springbrook Creek was blocked one niqht the pumps were plugged, and there was a sma11 amount of flooding with water from the creek backing up through the catch basin. Mayor Jorgenson asked if there was a way to alleviate this problem. Mr. F1ora stated that the storm sewer drainage would have to be improved in that area. One way to improve the area would be to install piping to Springbrook Creek at 79th Way and eliminate all � the catch basins that drain to the river and the creek. If there is any street upgrading in the future the drainagc- problem should also be addressed. � � � FRIDLEY CITY COUNCIL MEETING OF MAY 5, 1997 PAGE 8 ADJOURNMENT: MOTION by Councilman Barnette to ad�ourn the meeting. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of May 5, 1997 ad�ourned at 8:03 p.m. Respectfully submitted, rv�lU,.�✓�i�, �.y_�C�sC-�_�— �` Y Carole Haddad Secretary to the City Council " "�'e.u�y/�'._ �1G��,�L_ Nancy J. Jorgenson Mayor