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02/01/1993 - 00004903� � � THE MINUTEB OF THE RE6ULAR MEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 1. 1993 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 Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Counoilwoman Jorgenson, Councilman Billings, Councilman Schneider and Conncilman Fitzpatrick MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING, JANUARY 19. 1993: MoTION by Counailman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Billings to Seconded by Councilman Schneider. aye, Mayor Nee declared the motion OPEN FORUM, VISITORS: FENCE ON UNIVERSITY AVENUE: adopt the agenda as submitted. Upon a voice vote, all voting carried unanimously. Mayor Nee stated that there may be some people in the audience interested in qiving testimony on a report the Council will receive later in the meeting regarding the potential removal of the fence along the east side of University Avenue. Mayor Nee stated that, at this time, the Council will not be receiving testimony but only the report from staff. He stated that testimony from the audience will be received at the next Council meeting on February 22, 1993. NEW BIISINESS• l. FIRST REAdING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY C��E, CHAPTER 3, ENTITLED "PERSONNEL" BY AMENDING SECTION 3.09: Mr. Hunt, Assistant to the City Manager, stated that the City, from time to time, may find it necessary to conduct a criminal � � ' FRIDLEY CITY COIINCIL MEETING OF FEBRUARY l0 1993 PAGE 2 background check on prospective employees. He stated that the cost for �his check is $8.00 per person and is done through the Bureau o£ Criminal Apprehensian. Mr. Hunt stated that this proposed amendment to the ordinance is to comply with the regulations of the Bureau of Criminal Apprehension in order to allow the Police Department to access the records directly and receive this information without charge, He stated that the prospective employee would still have to sign a release form authorizing the records check. Councilman Billings stated that �he City is not creating any additional background checks but changing the manner of accessing the records. MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. RESOLUTION NO. 11-1993 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO TOTINO-GRACE HIGH SCHOOL: Mr. Pribyl, Finance Director, stated that this is an application for a lawful gambling premise permit for Totino-Grace High School to locate their charitable gambling at the Straight Arrow Sports Cafe. He stated that this would be Totino-Grace's second premise permit in the City. He said the 5tate statute requires that the City either approve or deny these charitable gambling permits. MOTION by Councilman Schneider to adopt Resolution No. 11-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Maypr Nee declared the motion carried unanimously. 3. RECEIVE AN ITEM FROM THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 16, 1992: A. SPECIAL USE FERMIT REOUEST, SP #92-13 BY H& H VETERINARY SERVICES. TO ALLOW AN ANIMAL/VETERINARY CLINIC WHICH ADMTNISTERS VACCINATIONS, GENERALLY LOCATED AT 250 OSBORNE ROAD N.E.: Ms. Dacy, Community Development Director, stated that this is a request for a special use permit to allow a veterinary clinic within the Pet Foods Warehouse facility. She stated that the petitioner is not proposing a full scale veterinary clinic but would like to provide vaccination services for small pets. Ms. Dacy stated that the proposed use meets the requirements of the ordinance, and the Planning Commission recommended approval with two stipulations, which she outlined. � � � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 1, 1993 PAGE 3 Councilwoman Jorgenson asked to review some documents that were attached to the application as shown on Page 3K of the agenda book. Ms. Dacy stated that because of the length of these documents, they were not reproduced for distribution to the Council, but a copy was given to Councilwoman Jorgenson for her to review. Councilwoman Jorgenson felt that providing the vaccinations would be a wonderful service to the community. She stated that not everyone can afford to take their pet(s) to a veterinary hospital to be immunized. Councilman Schneider 5tated that this would be good for the community, and it allows everyone to have their pets vaccinated. MOTION by Councilman Fitzpatrick to concur with the unanimous recommendation of the Flanning Commission and grant Special Use Permit Request, SP #92-13, with the stipulations that (1) any alterations to the building will require issuance of a building permit and (2) no vaccination supplies or medical waste shall be stored on the site. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated that the Council has been discussing the need to vaccinate cats, and he asked the petitioner if cats needed to be vaccinated. Mr. Herzberg of H& H Veterinary Services� stated that cats need to be vaccinated as they are more of a hazard, as far as rabies, than dogs. He stated that for the public's health, a rabies vaccination is urged for cats. Councilman Schneider asked Mr. Herzberq if he felt licensing should possibly be extended to cats as well as doqs. Mr. Herzberg stated that there is the peraeption that rabies is related to dogs, but he can see no reason why cats should be exempt from licensing, He stated that besides the rabies immunization, H& H Veterinary Service also provides the regular six week immunization which includes distemper and other vaccinations for Lyme's disease, feline leukemia, and infectious peritonitis. Ms. Herzberg stated that a lot of people who bring their animals to them just want the rabies shot in order to get their license. MOTION by Councilman Schneider to receive the minutes of the Planninq Commission Meeting of December 16, 1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COONCIL MEETING OF FEBRUARY 1. 1993 PAGE 4 � 4e APPROVE COMPREAEN5IVE SIGN PLAN AMENDMENT FOR MOORE LAKE COMMONS WEST• �' Ms. Dacy, Community Development Director, stated that a new tenant, Sports Spree, is locating in the most westerly space of the Moore Lake Commons Shopping Center. She stated that this request is to amend the sign plan for the shopping center by removing Country Club's sign on the sign band and replacing it with a sign for this new tenant. Ms. Dacy stated that an amendment is also proposed to permit a wall sign on the west side of the building. She stated that this sign must be consistent with the ordinance requirements covering wall signs. She stated that staff recommends approval of the amendment. Counoilman Schneider asked if it would be possible, under the code, for the entire wall to be filled with signs from other tenants in the shopping center, Ms. Dacy stated that there is nothing in the code that clearly addresses this issue. Councilman Schneider asked if the petitioner would object to adding language in the sign plan that the sign on the west wall be limited to the tenant occupying that space. Mr. George Applebaum, Managing Partner for Shorewood Plaza Partners, stated that he would have no objection to limiting the use of the sign on the west wall of the building to the tenant occupying that space. MOTION by Councilman Schneider to approve the comprehensive sign plan amendment for Moore Lake Commons West identified as Exhibit D, Sign Criteria, Moore Lake Commons (formerly Shorewood Plaza). Seconded by Councilman Billings. MOTION by Councilman Schneider to amend the comprehensive sign plan noted above by adding the following under Section B, Design Requirements: (5) The sign on the west wall shall be limited to the tenant occupying the westerly portion of the building. Seconded by Councilwoman Jorgenson. 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. Mr. Charles Tuchfarber, President of Sports Systems who will manage the Sports Spree Fun Park, stated that this facility would be an � indoor family entertainment center for children and their parents. He stated that there would be indoor miniature golf, batting cages, bumper cars, party rooms, a Bridgeman's soda fountain and other 1 � 1 FRIDLEY CITY COUNCIL Y�IEETING OF FEBRUARY Y. Y993 PAGE 5 activities designed for families. He stated that food would be available including hot dogs, chili, ice cream, etc. He stated that there would be television monitors for viewing sporting events. Councilwoman Jorgenson asked when it is anticipated Sports Spree Fun Park would open. Mr. Tuchfarber stated that they will obtain a building permit within four to six weeks, and the interior would take several months to complete. It is expected the facility would open in 3une, 5. APPROVE 1993 COMMLJNITY DEVELOPMENT BLOCK GRANT APPLICATION AND REALLOCATION OF THE 1991 AND 1992 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: Ms. Dacy, Community Development Director, stated that the City received a letter this past Friday from Anoka County advising that Fridley`s allocation for 1993 Community Development Block Grant Funds increased to $134,400. She stated that last year the City received $103,000. She stated it is recommended that seventy percent of these funds be allocated for the housing rehabilitation program and tihirty percent of the funds allocated to human services. She stated that it is also recommended that the 1991 and 1992 funds be reallocated to the housing rehabilitation program. Ms. Dacy stated that with the 1993 allocation of $93,380.00 and the reallocation of 1991 funds of $43,677.43 and 1992 funds of $35,053.OD, this would mean a total of $172,110.43 available for the housing rehabilitation program. Councilman Billings asked if there was a time period in which the Council's recommendation on allocation of these funds has to be submitted to Anoka County. Ms. Dacy stated that the recommendation for the 1993 Community Development Block Grant Funds needs to be submitted to Anoka County by February 26. Councilman Billings stated that Anoka County is limited to a maximum of fifteen percent to be used for human services, and the City has, traditionally, doubled that percentage for human services. He stated that since the City was just informed about the additional funds available, he questioned if the funds should still be divided on a 70/30 basis. He stated that he as reluctant to approve the allocations this evening without givinq it some serious consideration. Gouncilman Schneider asked if the allocations can be changed once the application is submitted to Anoka County. � � FRZDLEY CITY COUNCYL MEETING OF FESRUARY Y, 1993 PAGE 6 Ms. Dacy stated that the Council can change the allocation as long as a public hearing is conducted. MOTION by Councilman Schneider to table this item to the February 22, 1993 Council meetinq. Seconded by Councilwoman Jorgenson, Councilwoman Jorgenson asked if the City knew what other communities will be spending for human services. Ms. Dacy stated that this would not be known until the County receives the applications from the cities. She stated that based on past experiences, this has not been a problem. Councilwoman Jorgenson stated that with the economy as it is today, she felt more communities were seeing a need for human servicese Ms. Dacy stated that she can contact the County to see if they have any insight as to how cities may be allocating their CDBG funds. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 6. APPROVE JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF ANOKA AND TAE CITY OF FRIDLEY FOR THE PURCHASE OF MOBILE DATA TERMINALS• Mr. Burns, City Manager, stated that this joint powers agreement will allow the City to take advantage of the County's purchase price for three mobile data terminals for use in the police cars. He stated that the benefit oi these compufer terminals is to allow police officers to access sources of police information data directly from their vehiclese MOTION by Councilman Schneider to authorize the City to enter into this Joint Powers Agreement for the purchase of mobile data terminals. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RECEIVE BIDS AND AWARD CONTRACT FOR TREE AND STUMP REMOVAL: AND RECEIVE SIDS AND AWARD CONTRACT FOR STREET SWEEPING: MOTION by Councilman Fitzpatrick to receive the bid from outside Services, Inc. for tree and stump removal for various amounts based on the size of the tree or stump. Seconded by Councilman 5chneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � Mr. Flora, Public Works Director, stated that 4utside Services, Inc. of Anoka was the only firm to submit a bid for tree and stump � � � FRIDLEY CITY COIINCIL MEETING OF FBBRUARY �, 1993 PAGE 7 removal. He stated that the bid was less than the one received last year, and the cost for this service depends on the diameter of the tree or stump to be removed. He stated that an amount not to exceed $25,000 has been budgeted for this item, and he recommended outside Services, Inc. be awarded the contract. Councilwoman Jorgenson asked why the City did not receive more than one bid. Mr. Flora stated that it was possibly because of the bonding requirement which some smaller Yirms may not be able to furnish. However, the City needs the security of the bonds. MOTION by Councilman Schneider to award the contract for tree and stump removal to Outside Services, Inc. P.O. Box 875, Anoka, Minnesota 55303 for an amount not to exceed $25,000. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to receive the followinq bids for street sweeping: Allied Blacktop Company 10503 89th Avenue North Maple Grove, MN 55369 Clean Sweep, Inc. 13480 Pioneer Trail Eden Prairie, MN 55347 $57.00/hour $69.50/hour Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motlon carried unanimously. Mr. Flora, Public Works Director, stated that two bids were received for the street sweeping contract, and Allied Blacktop Company was the 1ow bidder at $57 per hour. He stated that $18,000 has been budgeted for this work, and he recommended that Allied Blacktop �e awarded the contract. MOTION by Councilman Billings to award the contract for street sweeping to the low bidder, Allied Blacktop Company, at $57 per hour for an amount not to exceed $18,000. Seconded by Councilwoman 5orgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RESOLUTION NO. 12-1993 ORDERING ADVERTISEMENT FOR BIDS; REMOVAL AND REPLACEMENT OF MISCELLANEOUS CONCRETE, CURB, GUTTER AND SIDEWALK - 1993 PROJECT NO. 245: MOTION by Councilman Fitzpatrick to adopt Resolution No. 12-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � FRZDLEY CITY COUNCIL MEETING OF FEHRUARY 1. 1493 PAGE 8 9. RESOLUTION NO. 13-1993 YNDEMNIFYING AND HOLDING HARMLESS THE STATE OF MINNESOTA FOR ACTIONS ARISING FROM THE GRANTING OF A VARIANCE ON S.A.P. 127-316-05 fMONROE STREET), S.A.P. 127-325-01 (BROOKVIEW DRIVEI, AND S.A.P. 127-351-01 (REGIS DRIVEI. CITY PROJECT N0. 1993-2: Mr. Flora, Public Work Director, sta�ed that these three MSA streets were granted variances to use the existing 40 and 50 foot right-of-ways in lieu of the required 60 foot right-of-way when they are reconstructed. He stated that the variance is contingent upon the City Council adopting this resolution holding the State harmless for actions arising from granting the variance. He stated that the difference in right-of-way widths does not affect the project or the safety at these locations. Councilman Schneider asked if it was difficult to obtain the variance. Mr. Flora stated that there is a board that meets to consider the variance. The board composed of five appointed officials, and they asked a number of questions as to why the City needed the right- of-way. Ae stated that he thought the City would not receive the variance, but he pointed out to the board the number of homes involved and it was granted. MOTION by Councilman Schneider to adopt Resolution No. 13-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, 10. RESOLUTION NO. 14-1993 APPOINTING THE CITY REPRESENTATIVE TO THE SIX CITIES WATERSHED MANAGEMENT ORGANIZATION: Mr. Flora, PubTic Works Director, stated tha� former Assistant Public Works Director, Mark Winson, is listed as the Alternate Representative, and this new resolution is requested to change the Alternate Representative to Scott Erickson. MOTION by Councilwoman Jorgenson to adopt Resolution No. 14-1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Jorgenson asked the difference between the Six Cities watershed Management Organization and a Watershed District. Mr. Flora stated that a Watershed Management Organization does not have taxinq authority, but a Watershed District does have taxing authority. Councilwoman Jorgenson asked the number of watershed districts in the State. FRIDLEY CITY COIINCIL MEETING OF FEBRUARY l, 1993 PAGE 9 � Mr. Flora stated that there are 46 total organizations and districts. He stated that the seven county metropolitan area all have some type of organization handling storm water. 11. RESOLUTION NO. 15-1993 REVOKING MUNICIPAL STATE AID STREETS: Mr. Flora, Public Works Director, stated that in April, 1992 the Council informally approved a list of new designated State Aid Streets and a list of existing State Aid Streets to be revoked. He stated that this resolution reflects a revocation of 0.41 miles. He stated that the next resolution on the agenda for the Council's consideration establishes a new designation of 1.54 miles. MoTION by Councilman Schneider to adop� ResoTu�ion No. 15-1993. Seconded by Councilwoman Jorgenson. Councilwoman Jorgenson asked what this accomplishes for the residents. Mr. Flora stated that when streets are designated as MSA streets, the City receives maintenance funds, as well as construction funds to build the streets to MSA standards. � UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 12. RESOLUTION NO. 16-1993 ESTABLISHING MUNICIPAL STATE AID STREETS: MOTION by Councilman Fitzpatrick to adopt Resolution No. 16-1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RESOLUTION NO. 17-1993 AUTHORIZING HOLMES & GRAVEN TO REPRESENT THE CITY OF FRIDLEY IN LAWSUITS COMMENCED BY JOHN STARKS AND CHRISTOPHER FIELDS: Mr. Aunt, Assistant to the City Manager, stated that there has been publicity pertaining to lawsuits brought against the Minnesota Police Recruitment System (MPRS). Ae stated that this organization recruits and tests potential police officers. He stated that the cities involved in this organization, through a 7oint powers agreement, are being sued. He stated triat the cities are proposing that the board of the MPRS and the city managers of the 36 cities name a single law firm to represent them. He stated that the law firm chosen is Holmes & Graven, and this firm currently is the firm that represents the MPRS. � Mr. Hunt stated that this resolution would authorize Fridley's participation in the cost of the lawsuit, and the amount would not exceed $5,000. He stated that at preliminary meetings, it was felt � � FRIDLEY CITY COUNCIL MEETYNG OF FEBRIIARY Y, 1993 PAGE 70 the cost would be considerably less. He stated that this figure would change if there were numerous awards. Councilwoman Jorgenson stated that this case has been well publicized, but she did not anticipate it would affect Fridley. She asked Mr. Hunt to explain the lawsuit for the public's benefit. Mr. Hunt stated that two candidates for police officer are alleging the testing devices used by the MPRS are both biased against minorities in the actual design of the test and the practical outcome. He stated it is alleged that very few minority candidates make it through the test to be appointed as police officers. He stated that the MPRS does not accept these allegations and in meetings he has attended, they vigorously contest the allegations. He stated that one of the questions to be decided is if the California Personality Inventory exam, which is used to screen applicants, is inherently biased. He stated that this test is one of the most validated in the country. Mr. Herrick, City Attorney, stated that, basically, at the meetings he attended, it was pointed out that this organization spent about $275,000 in evaluating these tests, and they met and exceeded the requirements of the Federal agencies, as far as discrimination. He stated that there was a claim that there were not enough people of color or minorities that have taken the test to have any statistical validity. He stated that even though there were only a small number of minorities that took the test, some have passed and have been hired. He stated that he got the impression, from the attorneys representing the cities, that they had a strong defense to the allegations. MOTION by Councilwoman Jorgenson to adopt Seconded by Councilman Schneider. Upon a aye, Mayor Nee declared the motion carried 14. INFORMAL STATUS REPORTS: FENCE ON UNIVERSITY AVENUE: Resolutlon No. 17-1993. voice vote, all voting unanimously. Mr. Hunt, Assistant to the City Manager, stated that in october, 1992, the Fridley Chamber of Commerce wrote a letter to the City Council requesting removal of the fence on the east side of University Avenue between I-694 and Mississippi Street. He stated that at the Council's direction, a letter was sent to the people on either side of University Avenue asking the residents if they felt the fence should remain or be removed. Mr. Hunt stated that the zesponses were as follows: On the east � side of University Avenue, 39 stated it should be removed; eleven stated it should remain; and zero had no opinion. On the west side of University Avenue, three stated it should be removed; zero FRIDLEY CITY COUNCIL MEETING OF FEHRUARY 1, 1993 PAGE 11 � stated it should remain; and one had no opinion. He stated that this is about four to one in favor of removing the fence. Mr. Hunt stated that there were additional comments. Some stated it should be removed on both sides. others wanted the fence to remain on the south half of the east side, but they did not have a great objection to removing the fence between 61st Avenue and Mississippi Street. Mr. Hunt stated that given the fact that the fence is the property of the State, a draft resolution has been prepared which the Council may want to consider. This resolution would forward the matter to the Highway Department for them to review and make a decision. Councilwoman Jorgenson asked of the 39 who responded to remove the fence on the east side, how many were commercial business owners, and how many were residential home owners. Mr. Hunt stated that there was a petition from 28 businesses to remove the fence. Councilman Billings stated that he sent a letter to the Highway ' Department forwarding the petition, without any recommendation, indicating that he would like them to review this issue. Mr. Hunt stated that the Highway Department's �esponse is that they would consider the matter if they received a request from the Councilo Councilman Billings stated that the draft resolution requests the Highway Department to review this issue and hold whatever hearings are necessary on the fate of the fence. He stated that the resolution does not make a recommendation to remove the fence or let it remain, but requests the Highway Department respond to the petition and the letter from the Chamber of Commerce. MOTION hy Councilman Billings to request that this petition and resolution be placed on the Council's agenda for the Council meeting on February 22, 1993. Seconded by Councilwoman Jorgenson. Mayor Nee stated that he would like the resolution to contain the vote. Councilwoman Jorgenson stated that she was contacted by persons who wish to submit a petition to the Council at the February 22 meeting. � UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 1, 1993 EAGE 12 � 15. CLAYMS° MOTION by Councilman Schneider to authorize payment of Claim Nos. 47506 through 47742. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � 16. LICENSES• MOTION by Councilwoman Jorgenson to approve the licenses as submittad and as on file in the License Clerk's Office. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. ESTIMATES: MOTION by Councilman Fitzpatrick to approve the estimates as submitted: Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Statement for Services Rendered as City Prosecuting Attorney for the Month of December, 1992. .. $14,325.00 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTIDN by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of February 1, 1993 adjourned at 9:05 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee l�layor