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03/31/1997 - 00001560� � � THE MINUTES OF THE REGULAR MEETING OF THE L 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. � LJ ' � FRIDLEY CITY COUNCIL MEETING OF MARCH 31, 1997 10 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: ' � � 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 � � � 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. � � � 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, ��������� Carole Haddad Secretary to the City Council � ��Qo �����`�'�� 2c� L/ Nancy J. Jorgen� Mayor