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11/15/1993 - 00005284�� � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 15. 1993 The Regular Meeting of the Fridley City Council was called to order at 7:35 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: MEMBERS ABSENT: PROCLAMI�TION : Mayor Nee, Councilwoman Jorgenson, Councilman Billings and Councilman Schneider None HOME CARE WEEK - NOVEMBER 2$ - DECEMBER 4. 1993: Mr. Burns, City Manager, read this proclamation proclaiming the week of November 28 through December 4, 1993 as Home Care Week. Mayor Nee issued the proclamation and presented it to Mr. Bob Loftus. Mr. Loftus stated that they have about two hundred aides and tharapists that work in this field to provide home health care. He felt that this was very important, as it is part of the new health care agenda. He thanked the Mayor and Council for this proclamation. APPROVAL OF MINUTES: COUNCIL MEETING, NOVEMBER 1, 1993: MOTION by Councilman Sillings to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Billings to Seconded by Councilman 5chneider. aye, Mayor Nee declared the motion OPEN FORUM, VISITORS: adopt the agenda as submitted. Upon a voice vote, all voting carried unanimously. There was no response from the audience under this item of business. � � 1 FRLDLEY CITY COUNCIL MEETING OF NOVEMBER 15, 1993 PAGE 2 OLD BUSINESS: 1. APPOINTMENT OF THE CABLE TELEVISION ADVISORY COMMISSYON (TABLED OCTOBER 4, 19931: MOTION by Councilman Schneider to remove this item from the table. Seconded by Councilman Billings, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to nominate Gen Peterson, 151 Glen Creek Road, for appointment to the Cable Television Advisory Commission to fill the unexpired term of Duane Peterson, which expires April 1, 1995. Seconded by Councilwoman Sorqenson, Mayor Nee stated that Gen Peterson was a member of the City's original Charter Commission, a founder of the Fridley League of Women Voters, and a member of the Anoka County Soil and Water Conservation District. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 2. MOTION DIRECTING PAYMENTS FROM THE CABLE TELEVISION FRANCHISE FEES (TABLED OCTOBER 18, 1993): Mayor Nee removed this item from the table. MOTION by Councilman Schneider to authorize payment of $3,307 to School District No. 14 and $26,679 to ETC 33 from the Cable Television Fund. Seconded by Councilwoman Jorgenson. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated that funds have been earmarked for the Spring Lake Park and Columbia Heights School Districts in the same amount that was allotted to School District No. 14. NEW BUSINESS: 3. APPOINTMENT5: CITY EMPLOYEES: Mr. Burns, City Manager, stated that he was pleased to announce two appointments in Public Works. He stated that both Mr. Sason Wiehle and Mr. Jeffrey Jensen have been appointed as Public Services Workers and were chosen from a field of 104 applicants. Mr. Burns stated that Mr. Wiehle worked part-time for the cities of Blaine and Fridley, has one year of college, and he has experience in the field of Public Workso � � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15, 1993 PAGE 3 Mr. Burns stated that Mr. Jensen has six years experience in Public Works, two years of college, and is licensed to operate heavy equipmente MOTION by Councilwoman Jorgenson to concur with the following appointments by the City Manager: Starting Name Position Salarv Jason Public Services $10.56 Wiehle Worker A, Streets per hour Non-exempt Jeffrey Public Services $10.56 Jensen Worker A, Streets per hour Non-exempt Starting Date Nov. 16, 1993 Nov. 16, 1993 ReAlaces Donald Stiller Richard Cameron Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, 4. RESOLUTION NO. 96-1993 DECLARING A VACANCY IN THE CITY COUNCIL AND ORDERING A SPECIAL ELECTION: MOTION by Councilman Schneider to adopt Resolution No. 96-1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. FIRST READING OF AN ORDINANCE ESTABLISHING A NEW CHAPTER QF THE CITY CODE OF THE CITY OF FRIDLEY, CHAPTER 112, ENTITLED "FALSE ALARMS," AND AMENDING CHAPTER 11, ENTITLED "GENERAL PROVISIONS AND FEES:" Mr. Dave Sallman, Public Safety Director, stated that the need for this ordinance came about when the Police Department compiled a report on false alarms. He stated that there were 1,300 such alarms over a twelve month period, and these take away from the police officers' time in defending the City. He stated the history has been that a few establishments have a lot of false alarms. Mr. Sallman stated that this ordinance would be imposed in the amount of $25.00 for each false alarm over five false alarms. He stated that there is an appeal process if someone felt an alarm was not false. It is also noted that lightning strikes, which can set off an alarm, are not counted. Councilman Schneider stated that the intent is not to send a message to people not to call the Police Department, Mr. Sallman stated that this is not the intent, and a number of cities have a policy that after three false alarms, a fine is imposed. FRIDLEY CITY COUNCIL MEETINa OF NOVEMBER 15, 1993 PAGE 4 � Mr. David Kutscheid, representing Dow Brands, 5601 East River Road, stated that he has some concern about this ordinance. He stated that there is no doubt that Dow Brands has a lot of alarms, as they have four hundred employees entering through eiqhteen doors. He stated that they have seven separate fire alarm systems. Some of the alarms are legitimate and some are not. He stated that they take action to correct the false alarms immediately. He stated that some of the intrusion alarms are set off in error by employees. Mr. Kutscheid stated that Dow Brands concern is that because of the amount of alarms at their facility, the fines imposed under this ordinance could be costly to the company. He stated that Dow Brands is concerned about safety and fire, and they work closely with the Police and Fire Departments. He stated that they do not have an intrusion alarm system to merely protect them against theft but to protect the City. Mr. Kutscheid stated that Dow Brands is a beauty manufacturing facility, and they have thousands of cases of aerosol cans in their warehouse. If the police do not respond immediately to an alarm, there could be a catastrophe caused by vandals. He explained about the case where a transient was injured and crawled into their building. If the alarm had not sounded, the transient would have � bled to death. Councilman Billings asked, for example, if the situation described by Mr. Kutscheid involving the transient would be considered a false alarm. Mr. Sallman stated that it would not be a false alarm, as there was definitely a need for assistance. Councilman Billings stated that there were about 1,300 false alarms in the City over a twelve month period. He asked the amount of time involved to ascertain if it was a false alarm and to write the report. Mr. Sallman stated that two officers are always sent in this situation, and the time involved takes about one hour. Councilman Billings stated that based on 2,080 hours of work a year, the 1,300 hours it takes to investigate false alarms means that one officer could spend two-thirds of his time investigating these calls. He stated that if an establishment has more than five false alarms, there is an appeal process. Mr. Sallman stated that the Police Department would notify the owner of every false alarm, and the owner would have the � opportunity to submit an explanation. � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15. 1993 PAGE 5 Councilman Billings stated that one of the reasons this ordinance is being recommended is that �he City is constantly trying to streamline and economize to reduce unnecessary spending, Councilman Schneider asked if Dow Brands has security. Mr. Kutscheid stated that they have security on the first and second shifts. Councilman Schneider felt that what Mr. Kutscheid is asking is that the taxpayers subsidize the security for pow Brands on their third shift. Mr. Rutscheid stated that he could make the argument that Dow Brands is a large taxpayer in Fridley. He stated that they do not want to diminish the effectiveness of the alarms in any way. He stated that their emphasis is that safety is number one; and that includes safety for the employees, neiqhbors of Dow Brands, or people passing on the highway. Mr. Kutscheid stated that whenever there are mechanical failures of the alarms, it is fixed immediately. He stated that the real problem is human error, and most false alarms are intrusion. Mr. Kutscheid stated that Dow Brands is concerned about the fines, as they could be quite costly. Councilman Schneider stated that he did not want to diminish the effectiveness of their alarms. He wondered if it could not be handled through better employee education. Councilwoman Jorgenson asked how many calls there were to Dow Brands. Mr. Sallman stated that during a twelve month period, there were between twenty and thirty calls. Mayor Nee felt that Dow Brands should take responsibility for training their employees. Mr. Kutscheid stated that this is true, but it is difficult to train Pour hundred employees. He stated that their concern is that they do not want to be forced, because of economic conditions, to not have the City respond to an alarm. He stated that even if an employee is assigned to respond to an alarm, he may not live within the area, and by the time he responds, there could be a major incident. Councilwoman Jorgenson suqgested that the Police Department work with Dow Brands� security personnel and conduct some sessions with � the employees. She felt that perhaps if the employees were tripping the alarms, they could contribute to the fund for paying the fine for these false alarms. FRIDZEY CITY COUNCIL MEETING OF NOVEMBER 15, 1993 PAGE 6 � Mr. Kutscheid stated that Dow Brands is concerned about safety. If they cannot operate safely, they would not do so. He stated that they could make the employees responsible, but there are some that do not care. He asked that the City consider the financiaZ hardship this will cause for pow Brands. Councilman Schneider stated that his company has reduced their security personnel, end an employee se'c off a false alarm. He stated that this person received a warninq that if this happened again, he would lose his job. Mr. Kutscheid stated that he would take these suggestions into consideration. MOTION by Councilwoman Jorgenson to waive the reading and approve the ordinance on first reading. Seconded by Councilman Billings. Upan a voice vota, all voting aye, Mayor Nee declared the motion carried unanimously. 6. FIRST READING OF AN ORDINANCE ESTABLISHING CHAPTER 128 ENTITLED "ABATEMENT OF PUBLIC NUISANCES" TO THE FRIDLEY CITY CODE� Ms. Dacy, Community Development Director, stated that the Council � conducted a public hearing on this ordinance at their November 1, 1993 meeting. She stated that the ordinance gives property owners approximately three weeks to remove a public nuisance. If the owner does not remove the nuisance or request a hearing, the City abates the nuisance and assesses the cost against the property. She explained the hearinq process and how a property owner can file an appeal to the City Council, if he is not in agreement with the decision rendered by the Hearing Examiner. Ms. Dacy stated that the City Attorney, Mr. Herrick, asked that several issues be researched. This will be done between now and the second and final reading of the ordinance. She stated that the issues were: (1) in event that proceeds from the sale of property taken through abatement actions exceeds the cost of the abatement, how would the City address the "profit" from this transaction; (2) if the City can conduct its abatement action immediately following the conclusion of its ordinance process regardless of whether or not the property owner intends to take legal action against the City7 and (3) if the City refrains from performing abatement actions immediately following the formal process outlined zn the ordinance to allow a property owner to file a leqal appeal, hoca long should the City permit property owners to file such an appeal before performing the abatement work. MOTION by Councilman Schneider to waive the readinq and approve the � ordinance on first reading. Seconded by Councilman Billings. � � I�_ J FRIDLEY CITY COUNCIL MEETSNG OF NOVEMBER 15. 1993 PAGE 7 Councilman Schneider stated that this ordinance neither strengthens nor weakens the code but provides a faster means to resolve the nuisance abatement. Mayor Nee stated that under Section 128.04, Subsection 2, it is not clear whether this ordinance covers going into homes. Ms, Dacy stated that the ordinance does not include entry into single family homes. She stated that this could be clarified before the final reading. Councilman Billings stated that the Constitu�ion provides tha� there must be a search warrant to go in�o people's homes. He stated that the intent of this ordinance is not to violate the Constitution. Councilwoman Jorgenson stated that Section 128.02 does refer to outside storage of equipment and materialse Councilman Schneider stated that as he read the ordinance, he shared Mayor Nee�s concern, but the Constitution does protect the property awners' rights. He stated that he certainly would support clarifica�ion, as it is not the intent to go into homes. Councilwoman Jorgenson stated that in the event there is a health hazard in a particular home, the City may want to enter the home. Ms. Dacy stated that this ordinance does not address a health hazard, and the City would work with Anoka County on such a problem. Mayor Nee suggested that the ordinance could be clarified at the time of the second readinq, UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 7. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOSER 17, 1993: A. ESTABLISH A PUBLIC HEARING FOR DECEMBER 13, 1993, FOR A PRELIMINARY PLAT REOUEST. P.S. #93-04, BY DALE EDSTROM OF NORTHCO CORPORATION. NORTHCO BUSINESS PARK 4TH ADDITION. TO REPLAT PROPERTY GENERALLY LOCATED AT 500 73RD AVENUE NoE.: Ms. Dacy, Community Development Director, stated that the original recommendation was to set the public hearing on this plat request for December 13� however, this date has now been changed to December 1, 1993. MOTION by Councilman Billings to set the date of December 1, 1993 for the public hearing on this plat request, P.S. #93-04. Seconded FRIDLEY CITY COUNCIL MEETING OF NOVEMSER 15. 1993 PAGE 8 � by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission meeting of October 27, 1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. APPROVE SUPPLEMENTAL CQNTRACT WITH WESTWOOD PROFESSIONAL SERVICES FOR WETLAND CONSULTATION SERVICES: Ms. Dacy, Community Development Director, stated that this is a supplemental contract with Westwood Professional Services for the City's wetlands consultant to participate in preliminary meetings with affected property owners and at public hearings. MOTION by Councilman Billings to approve this supplemental contract with Westwood Professional Services for Ron Peterson to attend supplemental meetings at an hourly rate o£ $95.00 per hour, not to exceed $855.00, plus mileage expenses. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. APPROVE RETURN OF UNUSED 1991 CDBG FUNDS TO ANOKA COUNTY: � MOTION by Councilman Billings to return $150.00 of unexpended 1991 Community Development Block Grant Funds to Anoka County from the North Suburban Consumer Advocates for the Handicapped. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. APPROVE DISPOSITION OF TAX FORFEIT PROPERTY IN THE CITY OF FRIDLEY: Mr. Pribyl, Finance Director, stated that the City has received notice from the Land Commissioner of Anoka County that the City has one parcel of land classified as tax forfeit. He stated that the property is classified as not buildable, and it is recommended that the City sell this parcel to the abutting property owner and retain an easement for street and utility purposes. MOTION by Councilman Schneider to authorize staff to dispose of this property identified as the W 25 ft. of N 1/3 of Lot 4, Aud. Sub. No. 108, subject to easement of record, No. 12 30 24 14 0092. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. APPROVE PARTICIPATION IN SPRINGBROOK CREER EROSION PROJECT lGENERALLY LOCATED AT 8111 FAIRMONT CIRCLE): ' Mr. Flora, Public Works Director, stated that the property owner at 8111 Fairmont Circle has requested the City participate in their � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15. 1993 PAGE 9 project for stream bed and bank erosion control. He stated that the property owners, Mr. and Mrs. Dunlap, propose to armor a curved section of the creek behind their property with large rock boulders and filter fabric. He stated that the estimated cost of the project is $2,185 and in accordance with the City's creek policy, the Council may wish to consider participation for an amount of $1,092.50 utilizing funds from the City's storm water contingency account. MOTION by Councilman Schneider to authorize an expenditure up to $1,092.50 for the City to participate in the Dunlap�s stream bed and bank erosion control project generally located at 8111 Fairmont Circle. Further, that the funds be taken from the City's stozzn water continqency account. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. APPROVE JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF ANOKA AND THE CITY OF FRIDLEY FOR THE INSTALLATION OF TRAFFIC CONTROL SIGNALS AT THE INTERSECTION OF COUNTY ROAD NO. 132 AND SPRINGBROOK DRIVE: Mr. Flora, Public Works Director, stated that since approval of the Joint Powers Agreement with the County for the installation of the � traffic control signal at this intersection, it has been determined by the County that the emergency vehicle pre-emption system costs were not included, and the aqreement has been revised to include this cost estimated at $41,040. He stated that the actual cost for the signal improvement is to be paid by Wal-Mart in accordance with the development agreement. MOTION by Councilman Billings to approve this Joint Powers Agreement with Anoka County for the installation of traffic control signals at the intersection of County Road No. 132 and Springbrook Drive and authorize the appropriate City officials to execute same. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RECEIVE BIDS FOR THE 64TH AVENUE STORM WATER IMPROVEMENT PROJECT N0. 260: MOTION by Councilman Schneider to receive the bids for the 64th Avenue Storm Water Improvement Project No. 260: Bidder Thomas & Sons Construction, Inc. 13925 Northdale Blvd. Rogers, MN 55374 � Total Bid $105,404.50 � � FRIDLEY CITY COUNC2L MEETING OF NOVEMBER 15, 1993 PAGE 10 Kadlec Excavating Route 5 Mora, MN 55051 of Mora, Inc. Northdale Construction, Inc. 14450 Northdale Blvd. Rogers, MN 55374 Bonine Excavating, Ync. 12669 Meadowvale Rd. Elk River, MN 55330 Palda & Sons, Inc. 1462 Dayton Ave. St. Paul, MN 55104 $115,933.90 $123,462.95 $136,836.17 $138,612.93 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated that the low bidder for this project was Thomas & Sons Construction, Inc. in the amount of $105,404.50, which is considerably over the estimate of $60,000. He stated that staff recommends the bids be rejected and the plans and specifications be revised and the project be re-advertised for bids. MoTION by Councilman Schneider to concur with staff's recommendation and reject these bids for the 64th Avenue Storm Water Improvement Project No. 260 and authorzze the re-advertising for bids for this project. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14e RESOLUTION NO. 97-1993 REOUESTING VARIANCE FROM MINNESOTA DEPARTMENT OF TRANSPORTATION RULES FOR STATE AID OPERATIONS TO ALLOW STREET TMPROVEMENTS WITH 50 FOOT RIGHT-OF-WAY WIDTHS �3RD STREET, 63RD AVENUE AND UNIVERSITY WEST SERVICE ROAD1: Mr. Flora, Public Works Director, stated that the purpose of this resolution is to request a variance in the rightrof-way widths for certain streets that are classified as Municipal State Aid streets. MOTION by Councilman Schneider to adopt Resolution No. 97-1943. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO. 98-1993 REQUESTING VARIANCE FROM MTNNESOTA DEPARTMENT OF TRANSPORTATION RULES FOR STATE AID OPERATIONS TO ALLOW STREET IMPROVEMENTS WITH 50 FOOT RIGHT-OF-WAY WIDTHS � (CAMELOT LANE AND SQUIRE DRIVE): MOTION by Councilman Schneider to adopt Resolution No. 98-1993. Seoonded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ------------ � � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15, 1993 PAGE 11 16. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 17. CLAIMS• MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 52487 through 52722. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. LICENSES; MOTION by Councilman Billings to approve the license as submitted and as on file in the License Clerk's Office. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. ESTIMATES: MOTION by Councilman Schneider to approve the following estimates: Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55433 Statement for City Attorney October, 1993. Services Rendered as for the Month of . . . . . . . . . . . . . . . $ 3,946.99 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 5eptember, 1993 . . . . . Gunderson Brothers 2325 Snellinq Avenue Minneapolis, MN 55404 Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 245 Estimate No. 6 . . . . . . . . $ 10,7$2.00 $ 9,356.57