01/06/1997 - 00001488'
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MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF
The Regular Meeting of the Fridley City Council was called to order
by Mayor Nee at 7:33 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance
to the Flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman
Billings, Councilman Schneider and Council-
woman Bolkcom
MEMBERS ABSENT
APPROVAL OF MINUTES•
COUNCIL MEET
None
DECEMBER 16, 1996:
MOTION by Councilman Schneider to approve the minutes as presented.
Seconded by Councilman Billings. Upon a voice vote, a11 voting
aye, Mayor Nee declared the motion carried unanimously.
Mayor Nee stated that this was a very important meeting, as it in-
volves the passing of the gavel resulting in the generation of a
new order and a fine City Council.
Mayor Nee requested that the City Clerk, Bill Champa, administer
the oath of office to the newly elected officials.
ADMINISTRATION OF OATH OF OFFICE TO ELECTED OFFICIALS:
Nancy J. Jorgenson: Mayor
ert L. Barnette: Councilmember-at-
Mr. Champa, City Clerk, stated that in the November election,
Ms. Jorgenson was elected to serve as Mayor and Mr. Barnette was
elected to serve as Councilmember-at-Large. He administered the
oath of office to these newly elected officials.
PROCLAMATION:
WILLIAM J. NEE APPRECIATION WEEK: JANiJARY 6-12, 1997:
Mayor Jorgenson stated that her first official duty is declaring
� the week of January 6 through 12 as William J. Nee Apprec�_ation
week. She read the following proclamation:
� FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 1997 PAGE 2
"Whereas, William J. Nee has served the citizens of Fridley for the
past forty years as volunteer, community activist, Chairman of the
Parks and Recreation Commission, Councilmember, and Mayor; and
Whereas, William J. Nee is retiring after turenty nine years in
elected office, four as Councilmember and twenty five as Mayor; and
Whereas, William J. Nee has made outstanding contributions to the
physical, social, and economic development oF the Fridley
community; and
Whereas, the contributions of William J. Nee have extended to the
state and national levels regarding issues such as electrical and
gas utility rates, regional sanitary sewer service, postal service,
hospitals, water resources, services to low income people, cable
television, motor sports, tourism, and protection of the
environment, especially the Mississippi River; and
Whereas, in addition to serving in public office, William J. Nee
has encouraged others to look upon public service as a noble
profession and has assisted them in their election campaigns; and
Whereas, William J. Nee leaves public office with a reputation for
visionary leadership, concern for the disadvantaged, openness to
� all sides of a question, courage of his convictions, good humor,
modesty, and fairness;
Now, therefore, be it resolved that we, the members of the Fridley
City Council proclaim the week of January 6 through 12, 1997 as
William J. Nee Appreciation Week in the City of Fridley and
encourage all who live and work in Fridley to �oin us in the
commendation of William J. Nee for a lifetime of public service
which merits the gratitude of all Fridley citizens and of countless
others outside the boundaries of our community."
Mayor Jorgenson presented this proclamation, as well as a plaque
and a wrist watch, to Mayor Nee for his many years of dedicated
service to the community. She told him that she appreciated his
many years of service and that she en�oyed working with him.
Councilman Schneider stated that he has served on the City Council
with Bill since 1976. Bill's leadership has been inspirational,
and he has listened to the people to obtain a consensus of the
community. Councilman Schneider felt that everyone has learned from
his leadership and that the City Council will move forward because
of his experience. He stated that Bill will be missed very much;
however, everyone is richer for his participation.
� Councilman Barnette stated that he had the opportunity to serve
with Bill on the Crty Council for nine years in the 1980's. If the
City ever builds a statue in the park, Bill better be on the horse.
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FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 1997 PAGE 3
Councilman Billings stated that on his behalf and on behalf of all
the citizens of Fridley, he wished to thank Bill for his many years
of service to the community.
Councilwoman Bolkcom stated that she has not known Bill for as long
as the others, but she will miss him. She thanked him for all his
help and guidance.
Mayor Jorgenson stated that it is difficult to have a changing of
the guard, but she enjoyed working with Bill immensely. The reason
she is Mayor is because he is leaving, and she accepts this office
with mixed feelings. She thanked the voters for their support and
stated that she would be open and accessible to them.
Councilman Barnette stated that it was a pleasure to serve on the
City Council in the past, and it is a pleasure to have been elected
again. He thanked the voters for their support and extended
special thanks to Lennie Brandt and Don Holum who worked on his
campaign. He stated that Dave Kondrick was a very worthy opponent,
and it was a good clean campaign which shows democracy works. He
is proud to be back on the City Council to serve the community.
APPROVAL OF PROPOSED CON5ENT AGENDA:
NEW BUSINESS:
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RESOLUTION N0. 1-1997 DESIGNATING OFFICIAL DEPOSITORIES FOR
THE CITY OF FRIDLEY.
Mr. Burns, City Manager, stated that this resolution appoints
Norwest Bank as the City's official depository for 1997.
Norwest has provided low cost and excellent services.
ADOPTED RESOLUTION NO. 1-1997.
RESOLUTION NO. 2-1997 DESIGNATING AN OFFICIAL NEWSPAPER FOR
Mr. Burns, City Manager, stated that this resolution
designates Focus News as the City's official newspaper. The
Star Tribune is designated as the second official newspaper.
ADOPTED RESOLUTION NO. 2-1997.
RESOLUTION N0. 3-1997 IMPOSING LOAD LIMITS ON PUBLIC STREETS
AND HIGHWAYS IN THE CITY OF FRIDLEY, MINNESOTA
Mr. Burns, City Manager, stated that this resolution
establishes load restrictions for vehicles in excess of four
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FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 1997
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tons and nine tons per axle. These restrictions apply between
March 17 and May 18 to protect streets during the spring thaw.
ADOPTED RESOLUTION NO. 3-1997.
RESOLUTION N0. 4-1997 DESIGNATING DIRECTOR AND ALTERNATE
DIRECTOR TO THE SUBURBAN RATE AUTHORITY:
Mr. Burns, City Manager, stated it is recommended that the
Public Works Director be appointed as the Director to the
Suburban Rate Authority and that the Assistant Public Works
Director be appointed as Alternate director to the Suburban
Rate Authority.
ADOPTED RESOLUTION NO. 4-1997.
5. FIRST READING OF AN INTERIM ORDINANCE ESTABLISHING, UNDER THE
PROVISIONS OF MINNESOTA STATUTES SECTION 461.355, A MORATORIUM
WITHIN THE CITY OF FRIDLEY ON CONSTRUCTION OR EXPANSION OF
MULTI-BAY WAREHOUSE OR SIMILAR TRUCKING-BASED PAODUCT
DISTRIBUTION FACILITIES:
Mr. Burns, City Manager, stated that this
� requested in view of the potential impact
warehouse/trucking facilities that are
residential areas. There is a concern about
large vehlcle traffic, noise, air pollution,
impact of loading docks and outdoor sLOrage.
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moratorium is
of additional
located near
the impact of
and the visual
Mr. Burns stated that this 120 day moratorium would give stafi
time to evaluate the adequacy of the City's land use
regulations as they pertain to these uses. The investigation
will focus on M-1, M-2, and M-3 industrial districts to
evaluate site design standards; principal and permitted uses,
and the need to rezone vacant land in view of the potential
impact of additional warehouse/trucking facilities in
ad�oining residential neighborhoods. The moratorium would
apply to new pro�ects or expansions that would create multiple
dock trucking facilities containing ten or more loading docks.
WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST
READING.
APPROVE CONTRACT BETWEEN THE CITY OF FRIDLEY AND WEAVER &
ASSOCIATES FOR CONSULTING SERVICES FOR WIRELESS COMMIINICATION
Mr. Burns, City Manager, stated that this contract would
� conslsts of work to identify potential telecommunication tower
sites for collection of antennae and development of a set of
design and constructlon standards for these towers/antennae.
This information will be used to develop regulations
1 FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 1997 PAGE 5
pertaining to the location and installation of towers and
antennae.
Mr. Surns stated that three proposals were evaluated. It is
recomznended that Weaver & Associates be awarded a contract on
the strength of their experience with telecommunications
technology, as well as past experience working with the City
of Minneapolis. The contact is for $16,400 and will be funded
from the City's emergency reserve.
APPROVED CONTAACT WITH WEAVER & ASSOCIATES FOR CONSULTING
SERVICES FOR WIRELESS COMMUNICATION TOWERS AT A COST NOT TO
EXCEED $16,900.
7. APPRQVE MEMORANDUM OF UNDERSTANDING WITH ANOKA CONSERVATION
DISTRTCT:
Mr. Burns, City Manager, stated that the Anoka Conservation
District is a pass-through agency for reimbursemenL of City
expenses associated with enforcement of the State Wetland
Conservation Act. In order to participate in this grant
program the Crty must approve a memorandum of understanding
with the Anoka Conservation District.
� APPROVED MEMOFtANDUM OF UNDERSTANDING WITH THE ANOKA
CONSERVATION DISTRICT.
8. ESTABLISH A PUBLIC HEARING FOR JANiJARY 27, 1997� FOR THE 1997
CDBG PROGRAM ALLOCATION:
Mr. Burns, City Manager, stated that the City's 1997
allocation for community development block grant funds is
$146,848. Applications for funding through Anoka County are
due by February 14. Funds are to be used between July 1, 1997
and December 31, 1998. It is proposed that the following
activities be funded: housing rehabilitation, $124,848; ACCAP
Senior Outreach, $8,500; Fridley Senior Home Companion,
$4,000; Fridley Recreation and Natural Resources, $4,000,
Alexandra House, $3,000; and SACA, $2,500.
SET THE PUBLIC HEARING FOR JANUARY 27, 1997 FOR THE 1997 CDBG
PROGRAM ALLOCATION.
9. RESOLUTION N0. 5-1997 IN SUPPORT OF AN APPLICATION FOR A
MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO TOTINO-GRACE HIGI-I
crunnr. lNrn�r� 'r.nnT�c n�cmnrTnnrrm� irannr� �� .
Mr. Burns, City Manager, stated that this resolution supports
� an application for a Minnesota lawful gambling premise permit
to Totino-Grace High School for a pull-tab operation at Maple
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FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 1997
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Lanes. This is a renewal, and there have been no problems
associated with the past operation at this site.
ADOPTED RESOLUTION NO. 5-1997.
RESOLUTION N0. 6-1997 IN SUPPORT OF AN APPLICATION FOR A
MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO TOTINO-GRACE HIGH
SCHOOL (SHARX CLUB) (WARD 3):
Mr. Burns, City Manager, stated that this resolution supports
an application for a Minnesota lawful gambling premise permit
to Totino-Grace High School for a pull-tab operation at Sharx
C1ub. This is a renewal, and there have been no problems
associated with the past operation at this site.
ADOPTED RESOLUTION NO. 6-1997.
11. RESOLUTION N0. 7-1997 AUTHORIZING SIGNING AN AGREEMENT
ESTABLISHING WORKING CONDITIONS AND HOURS OF POLICE OFFICERS
OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR THE YEARS 1996
Mr. Burns, City Manager, stated that this agreement is with
� Law Enforcement Labor Services, Inc., Local No. 119. This
labor agreement sets terms and conditions of employment for
police officers. These terms are the same as for other
employee groups except wages for 1996 are to be based on a
three percent rather than a two percent cost of living
increase. This exception is the result of an arbitrator's
decision rendered in December, 1996.
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ADOPTED RESOLUTION NO. 7-1997.
RESOLUTION N0. 8-1997 AUTHORIZING SIGNING AN AGREEMENT FOR
CERTAIN EMPLOYEES REPRESENTED BY INTERNATIONAL UNION OF
Mr. Burns, City Manager, stated that this agreement is with
the International Union of Operating Engineers, Local Union
No. 49. The agreement provides for a three percent cost of
living increase for 1997 and 1998. Health insurance benefits
remain unchanged for 1997 and will be the same as for non-
union employees in 1998.
ADOPTED RESOLUTION NO. 8-1997.
APPROVE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND ETC FRIDLEY
COMMUNICATIONS:
Mr. Burns, City Manger, stated that this agreement provides
for the expenditure of $41,400 in cable franchise revenues for
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FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 1997 PAGE 7
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Name
Carol
Meyer
15.
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funding of the Public Acc�ss Workshop in 199�, payable in
quarterly segments. In eKChange for �he City's help, ETC
Fridley Communications Workshop agrees to educate members of
the public regarding uses of video communication; provide
training and technical assistance that will promote citizen
use of available cable facilities; serve as a resource center
for video materials and equipment; and provide staff
assistance to the City in programming its government access
channel at no additional cost_
APPROVED AGREEMENT BETWEI'sN THE CITY AND ETC FRIDLEY
COMMCTNICATIONS.
APPOINTMENT: CITY EMPLOYEE:
Mr. Burns, City Manager, stated it is recommended that Carol
Meyer be appointed to the position of Accounting Specialist in
the Finance Department. She will replace Donna T�ornhom who
resigned in December. Caro1 was hired to work in the Finance
Department as a part-time, vaork study student in August, 1984.
In February, 1987, she was hired as Accounting/Data Processing
Clerk in Accounts Payable. She has an AA degree with
accounting emphasis and is completing course work toward a BS
degree in accounting.
CONCURRED WITH THE FOLLOWING APPOINTMENT BY THE CITY MANAGER:
Position
Accounting
Specialist
Non-exempt
CLAIMS:
Starting
Salary
$14.59
per hour
$2,590.86
per month
Starting
Date
Jan. 7
1997
Replaces
Donna
T�ornhom
AUTHORIZED PAYMENT OF CLAIM NOS. 71717 THROUGH 72D52.
LICENSES:
APPROVED THE LICENSES AS :iUBMITTED AND AS ON FILE IN THE
LICENSE CLERK'S OFFICE.
ESTIMATES:
APPROVED THE ESTIMATES, AS F'OLLOWS:
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FRIDLEY CSTY COUNCIL MEETING OF JANUARY 6, 1997
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 October, 1996
Frederic W. Knaak, Esq.
Holstad and Larson, P.L.C.
3535 Vadnais Center Drive
St. Pau1, MN 55110
Services Rendered as City Attorney
for the Month of December, 1996. .
Thomas & Sons Construction, Inc.
13925 Northdale Boulevard
Rogers, MN 55374
1996 Street Improvement Pro�ect
No. ST. 1996-1 & 2
Estimate No. 5 . . . . . . . .
Richmar Construction, Inc.
7776 Alden Way N.E.
Fridley, MN 55432
Water Treatment Plant No. 3
Pro�ect No. 293
Estimate No. 5 . . . . . .
$ 14,010 89
$ 4,460.00
$ 22,476.62
$323,254.44
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No persons in the audience spoke regarding the consent agenda
items.
MOTION by Councilman Schneider to approve the consent agenda items.
Seconded by Councilman Billings. Upon a voice cote, all coting
aye, Mayor Jorgenson declared the motion carried unanzmously.
ADOPTION OF AGENDA:
MOTION by Councilman Billings to adopt the agenda as submitted.
Seconded by Councilman Barnette. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
OPEN FORUM, VISITORS:
There was no response from the audience under thls item of
business.
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FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 1997 PAGE 9
PUBLIC HEARINGS:
18. PUBLIC HEARING ON AN ORDINANCE AMENDING SECTION 12.07 OF THE
FRIDLEY CITY CHARTER:
MOTTON by Councilman Billings to waive the reading of the public
hearing notice and open the public hearing. Seconded by
Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously and the public
hearing opened at 7:55 p.m.
Mr. Champa, City Clerk, stated that Section 12.07 oP the City
Charter deals with vacation of streets. The proposed amendment
simply changes the method of vacating streets, alleys, and
easements. Currently, vacation is done by ordinance. With this
amendment it would be done by resolution.
Mr. Champa stated that state statutes provides the procedure by
which a street may be vacated which is by Council resolution. This
change would allow more flexibility for the City's compliance with
the Sixty-Day Agency Action law. An ordinance cahich requires first
and second readings places the City in �eopardy of missing the
sixty-day time period. The City Attorney and the Charter
Commission's attorney agree that this amendment is appropriate.
Councilman Billings stated that this is a change that was requested
by both the Community Development Department and the City Attorney.
No persons in the audience spoke regarding this proposed amendment.
MOTION by Councilman Billings to close the public hearing.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously and
the public hearing closed at 8:00 p.m.
19. PUBLIC HEARiNG ON VACATION REQUEST, SAV #96-04, BY KELLER
STRUCTURES TO VACATE A DRAINAGE AND UTILITY EASEMENT,
MOTION by Councilwoman Bolkcom to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson
declared the motzon carried unanimously and the public hearing
opened at 8:00 p.m.
Mr. Hickok, Planning Coordinator, stated that this is a request to
vacate a ten foot drainage and utility easement to allow
development of a site south of 61st Way on East River Road. The
plan is to construct a warehouse to be attached to an existing
office facility. Staff's recommendation is that a replacement
� FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 1997 PAGE 10
easement be dedicated along the east property line to allow a
connection to an existing easement.
Mr. Hickok stated that the utility companies were contacted They
are in agreement with the replacement easement, as no utilities
exist in the current easement. Staff and the Planning Commission
recommend approval of this vacation with two stipulations: (1) the
petitioner shall grant a ten foot drainage and utility easement
along the east property line of the office property; and (2)
approval of vacation request, SAV #96-04, is valid only if the
petztioner purchases the ad�acent property (office building).
Councilwoman Bolkcom asked when the rezoning would come before
Council.
Mr. Hickok stated that the rezoning is being processed and will be
submitted to Council in the next four to six weeks. The rezoning
is for the office building to be rezoned from CR-1 to M-1 which is
consistent with the entire zoning that currently exists.
No persons in the audience spoke regarding this proposed vacation
request.
MOTION by Councilman Barnette to close the public hearing.
� Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motlon carried unanimously and
the public hearing closed at 8:05 p.m.
20 1997 CITY COUNCIL AND STAFF APPOINTMENTS TO VARIOUS AGENCIES:
Mayor Pro Tem:
MOTION by Councilman Billings to nominate Councilman Barnette for
Mayor Pro Tem for 1997. Seconded by Councilwoman Bolkcom.
Mayor Jorgenson called for other nominations. Since there were
none, the nominations were closed and the motion carried
unanimously.
Councilman Billings suggested that possibly the balance oF the
appointments could be handled with a single motion, unless there
were members of the Council who wished to be or not be appointed to
various agencies.
Councilman Barnette stated that he would be interested in being
appointed as representative or alternate for School District Nos.
13 and 14.
� Councilwoman Bolkcom stated that she would gladly step down as
representative. Councilman Billings stated that he would step down
as alternate, if Councilwoman Bolkcom wished to be appointed as an
alternate.
� FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 1997 PAGE 11
MOTION by Councilman Billings to re-appoint the same Council-
members appointed in 1996 to the Anoka County Law Enforcement
Council, the Association of Metropolitan Municipalities; School
District No. 16 and the League of Minnesota Cities; and to appoint
Councilman Barnette as representative to School District Nos. 13
and 14 and Councilwoman Bolkcom as alternate. Further, to appoint
William Hunt, Assistant to the City Manager, as representative to
the North Metro Convention and Visitors Bureau. Seconded by
Councilman Barnette. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously.
The City Manager was requested to notify the school districts and
the other agencies of the various Council appointments.
21. APPOINTMENTS TO COMMISSIONS:
APPEALS COMMISSION:
MOTION by Councilman Billings to nominate Terri Mau for appointment
to the Appeals Commission to fill the unexpired term of Catherine
Smith which expires April 1, 1997. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson
declared the motion carried unanimously.
� HiJMF1N RESOURCES COMMISSION:
Councilman Billings stated that at the last Human Resources
Commission meeting there was extensive discussion regarding the
Commission's direction. He believed the Commission will be
requesting guidance from Council and that the staff liaison could
probably provide an appropriate update.
Mayor Jorgenson stated that this appointment probably should be
tab]ed until further information is received.
MOTSON by Councilman Schneider to table the appointment to the
Human Resources Commission. Seconded by Councilwoman Bolkcom.
Upon a voice vote, all voting aye, Mayor Jorgenson declared the
motion carried unanimously.
CABLE COMMISSION:
Councilman Barnette stated that he was contacted by Joe Kerner who
is interested in serving on the Cable Commission. He stated that
Mr. Kerner has been very involved in the development of cable
programs over the last ten years.
MOTION by Councilman Barnette to appoint Joe Kerner to the Cable
' Commission to fi11 the term of Paul Kaspszak which expires April 1,
1997. Seconded by Councilman Schneider. Upon a voice vote, a11
voting aye, Mayor Jorgenson declared the motion carried
unanimously.
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FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 1997 PAGE 12
22. INFORMAL STATUS REPORTS:
Mr. Burns, City Manager, stated that there were no informal status
reports.
Councilwoman Bolkcom stated that on Wednesday, January 8 at
3:00 p.m. at the corner of 53rd Avenue and 7th Street they wi11 be
unveiling a Values First sign which indicates that the City is a
community promoting certain core values. She invited anyone who
is interested to attend this ceremony.
ADJOURNMENT:
MOTION by Councilman Barnette to adjourn the meeting. Seconded by
Councilman Billings. Upon a voice vote, all voting aye, Mayar
Jorgenson declared the motion carried unanimously and the Regular
Meeting of the Fridley City Council of January 6, 1997 ad�ourned at
8•15 p.m.
Respectfully submitted,
Caro� e' Haddai�
Secretary to the City Council
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ancy J. Jdrg son
Mayor