12/08/1997 - 00001854�
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THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF
DECEMBER 8, 1997
The Regular Meeting of the Fridley City Council was called to order
by Mayor Jorgenson at 7:35 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Sorgenson led the Council and audience in the Pledge of
Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT
MEMBERS ASSENT
APPROVAL OF MINUTES:
Mayor Jorgenson, Councilman Barnette,
Councilman Billings and Councilwoman Bolkcom
Councilman Schneider
COUNCIL MEETING, NOVEMBER 24, 1997•
MOTION by Councilman Barnette to approve the minutes as presented.
Seconded by Councilwoman Bolkcom. Upon a volce vote, all voting
aye, Mayor Jorgenson declared the motion carried unanlmously.
SPECIAL COUNCIL MEETING, NOVEMBER 29, 1997:
MOTION by Councilman Barnette to approve the minutes as presented.
Seconded by Councilwoman Bolkcom. Upon a volce vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
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RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
NOVEMBER 19, 1997:
RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF
NOVEMBER 19, 1997.
APPROVE AMENDMENT TO SERVICE AGREEMENT BETWEEN THE CITY OF
FRIDLEY AND WEYERHAEUSER COMPANY:
Mr. Burns, City Manager, stated that the Crty's contracts with
Great Western and B.F.I. for transportat�on and recycling of
metals and other curbside recyclables do not become effective
until February 1, 1997. Theretore, we need a thirty-day
extension of the existing agreement with Weyerhaeuser to cover
the month of January.
APPROVED THE AMENDMENT TO THE SERVICE AGREEMENT BETWEEN THE
CITY AND WEYERHAEUSER COMPANY.
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER B, 1997 PAGE 2
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APPROVE 1998 GIS RIaNGE RIDER PROPOSAL WITH PLANSIGHT, LLC:
Mr. Burns, City Manager, stated that during the last year, the
City has �oined with the cities of Columbia Heights and
Andover in contracting for GIS services Mr. Jerry Happel and
his co-worker from P1an5ight, LLC have performed well for all
cities. Their 1997 accomplishments in Fridley include: (1)
identification and documentation of existing GI5 data bases;
(2) assessment and upgrading of existing data bases; (3)
development of a data dictionary for all GIS files; (4)
development of a link between our GIS software and police
reporting software; (5) updating our GIS base map; and (6)
numerous custom applications.
Mr. Burns stated that as a result of successful performance in
all three cities, staff is recommending the approval of a GIS
Range Rider contract for 1998. Under the terms of the
contract, services to the City include. (1) provision of
networked GIS access; (2) construction of various utilities
overlays; (3) development of a multi-unit address file, and
(4) creation of a building permit issuance file. The cost for
this contract is $47,000 or fifteen percent more than in 1997.
Fridley's share of this cost is $15,666 and $20,OD0 was
budgeted for this item.
APPROVED THE 1998 GIS RANGE RIDER PROPOSAL WITH PLANSIGHT,
LLC.
RESOLUTION NO. 112-1997 AUTHORIZING AN INCREASE IN
COMPENSATION FOR FRIDLEY CITY EMPLOYEES FOR THE 1998 CALENDAR
YEP12:
Mr. Burns, City Manager, stated a three percent cost of living
ad�ustment for all City employees who are not members of
bargaining units is recommended. This ad�ustment also
includes a three percent increase in automobile allowances and
a half cent increase in the City's mileage reimbursement rate.
ADOPTED RESOLUTION NO. 112-1997.
RECEIVE PROPOSALS FOR INSURANCE AND RISK MANAGEMENT SERVICES
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RESOLUTION NO. 113-1997 APPROVING AN AGENT'S INSURANCE SERVICE
AGREEMENT WITH CORPORATE 4 INSURANCE AGENCY, INC.:
Mr. Burns, City Manager, stated that the requests for
� proposals were sent to 23 agencies. Six proposals were
submitted and evaluated. As a result of this review and the
good performance of our existing contractor, it is recommended
that Corporate 4 Insurance Agency be reappointed as the City's
provider of insurance and risk management services for the
next three years.
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 1997 PAGE 3
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Mr. Burns stated that the terms of the agreement with
Corporate 4 are: (1) conduct an annual risk exposure survey;
(2) write specifications for the City's various insurance
products; (3) obtain quotes for insurance coverage; and (4)
conduct negotiations with all of the City's insurance
providers on behalf of the City. The annual cost for these
services is $4,000.
RECEIVED THE FOLLOWING REQUESTS FOR PROPOSALS:
Y[��IR�1
Aon Risk Services
Youngdahl Companies
Twin City Group
Krause-Anderson Insurance
Corporate 4 Ins. Agency
Acordia of Minnesota
ADOPTED RESOLUTION NO. 113-1997.
TOTAL (for 3 yrs.)
$45, 000
34,500
30,000
19, 000
12,000
10,500
RESOLUTION NO. 114-1997 IN SUPPORT OF A RENEWAL APPLICATION
FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO CLIMB
[CREATIVE LEARNING IN MIND AND BODY) THEATRE COMPANY (MAPLE
Mr. Burns, City Manager, stated that CLIMB took over this pull
tab operation for Totino-Grace for a partial year in 1997 and
this permlt covers the years 1998 and 1999. Staff reviewed
CLIMB's charitable giving and operations records and found no
problems.
ADOPTED RESOLUTION NO. 114-1997.
CLAIMS:
AUTHORIZED PAYMENT OF CLAIMS NO. 77886 THROUGH 78097.
LICENSES:
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE
LICENSE CLERK'S OFFICE
ESTIMATES:
APPROVED THE ESTIMATES, AS FOLLOWS:
Frederic W. Knaak, Esq.
� Holstad and Larson, P.L.C.
3535 Vadnais Center Drive
St. Paul, MN 55110
Services Rendered as City Attorney
for the Month of November, 1997. .
$ 4,250.00
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FRIDLEY CITY COUNCIL MEETING OF DE
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432-9381
8. 1997
Services Rendered as City Prosecuting
Attorney for the Month of September, 1997.
PAGE 4
$15,494.50
No persons in the audience spoke regarding the proposed consent
agenda.
MOTION by Councilman Billings to approve the consent agenda items.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
ADOPTION OF AGENDA:
Mayor Jorgenson stated that Items 12 and 13 on the agenda should be
reversed.
MOTION by Councilman Billings to adopt �he agenda, with the above
amendment Seconded by Councilman Barnette. Upon a voice vote,
all voting aye, Mayor Jorgenson declared the motion carried
unanimously.
OPEN FORUM, VISITORS:
There was no
business.
PUBLIC HEARING:
response from the audience under this rtem of
10. PUBLIC HEARING ON LOCAL LAW ENFORCEMENT BLOCK GRANT IN THE
AMOLTNT OF $21,679:
MOTION by Councilman Billings to waive the reading of the public
hearing notice and open the public hearing. Seconded by
Councllwoman Bolkcom. Upon a voice vote, all voting aye, Mayor
Sorgenson declared the motion carried unanimously and the public
hearing opened at 7:43 p.m.
Ms. Rose Griep, Public Safety Pro�ects Coordinator, stated that the
City has been awarded a local law enforcement block grant in the
amount of $21,679 with the City contributing $2,408. This grant is
similar to the one received in 1996 for $20,056 that was used to
fund overtime for enforcing curfews and surveillance work for
thefts. There are several other funding sourres for overtime so
this grant will be used to purchase equipment
Ms. Griep stated that a citizens advisory board meeting was held to
obtain recommendations for expenditure of these funds. The
advisory group consisted mostly of the block captains For the
Neighborhood Crime Watch Program. After discussions, it was
recommended that the funds be used to purchase a speed trailer,
digital cameras, and a lap top computer. The City currently uses a
� FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 1997 PAGE 5
speed board that only picks up the first car's speed in a series of
vehicles. The speed trailer will pick up all cars, monitor speeds,
and identify those vehicles exceeding the speed limit. The cost
for this speed trailer is $14,300.
Ms. Griep stated that another recommendation was to purchase a lap
top computer with a portable pro�ection unit to be used by the
neighborhood resource officers to identify areas of crime and other
data during their presentations. The final recommendation was to
purchase digital cameras used primaril_y in domestic violence cases
to identify personal in�uries sustained by victims.
Mayor Jorgenson asked if the speed trailer could be equipped at a
later date with camera equipment.
Ms. Griep stated that it does have that capability. It is,
basically, an awareness tool. If there are a lot of traffic
violations in a certain area enforcement would be increased.
Councilwoman Bolkcom asked the advantage over the hand held units
Ms. Griep stated that with the hand held units an officer needs to
be present.
� Councilwoman Bolkcom asked if the advisory board agreed to these
purchases, or if they had any other ideas
Ms. Griep stated that another issue discussed was greater
enforcement for those persons violating red lights. This is being
reviewed through the GIS mapping. Eauipment would be needed for
high speed chases and other tactical type equipment. The board did
not want to support these at this time
Ms. Griep stated that this hearing is an awareness process for
anyone who wished to voice any concern or comments if they were not
ln agreement with the advisory board's suggestions. The public
hearing notice was published in the official newspaper in the event
anyone wished to attend.
Mr. Surns, City Manager, stated that this item was mentioned as
part of the consent agenda at the last City Council meeting. The
City's 1ega1 obliqation is to hold the public hearing.
No persons in the audience spoke regarding this local law
enforcement block grant.
MOTION by Councilman Barnette 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 7:52 p.m.
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 1997
OLD BUSINESS:
11.
PAGE 6
MOTION by Councilman Barnette to remove this item from the table.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
Mr. Hickok, Planning Coordinator, stated that this property in the
plat is located south of Rice Creek Road, east of Central Avenue,
and west of the Moore Lake Racquet Club. There is an existing home
on the property at 6217 Central Avenue. A preliminary plat has
been filed That plat has two unreserved issues. They are.
access to heather place, due to a four foot outlot in the Heather
Hills West developments and lot 1 does not meet �he minimum ezghty
foot requirement of the subdivision ordinance. It will require a
two foot additlon to comply with the City's subdivision crdinance,
as it now only has a dimension of 78 feet.
Mr. Hickok stated that this request is to create seven single
� family lots in an R-1 zone. Each lot exceeds the 9,000 square foot
minimum required. Six homes will be "paired" sharing a single
driveway and maintained wrthin a homeowner's association, but,
architecturally, they would be individual. The average price of
the homes to be marketed is $300,000 with 1,800 square feet on the
main floor. There would be shared concrete driveways, matching
mailboxes, yard lighting appropriate for the architecture in the
area, as well as an entry monument off Central Avenue. The seventh
lot would be maintained separately with access from the Ben More
cul-de-sac.
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Mr. Hickok said the status of Outlot B, Heather Hil1s West is
without resolution. Without Outlot B, this plat does not have
legal street access. As of today, staff has not received word that
acquisition of Outlot B has occurred. With the exception of the
access issue and the minor modification of Lot l, the plat meets
the requirements of the subdivision ordinance. Staff recommends
the plat be denied due to lack of required street frontage.
Councilman Billings stated that in a letter dated November 4, 1997
and signed by Mr. Dommer. In the letter Mr. Dommer stated that the
corner lot would be ad�usted to meet the SO foot width requirement.
Councilman Billings asked staff if anything has been received
indicating that this ad�ustment has been made, and if any
information has been received indicating that Mr pommer has
control of Outlot B.
Mr. Hickok stated that staff has not received any further
informatlon on the 1ot ad�ustment or control of Outlot B.
Councilwoman Bolkcom asked if Council was seeking additional
information at this time.
� FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 1997 PAGE 7
Mayor Jorgenson stated that the Planning Commission held a public
hearing. Council either attended this meeting, received a copy of
those minutes, or viewed the meeting on cable television.
Councilman Billings stated that this is not a public hearing, only
an item for Council action.
Mr. Hickok stated that the official public hearing was held before
the Planning Commission.
Mayor Jorgenson stated that when this item was first before
Council, the developer and his attorney were not present.
Therefore, the item was tabled and residents did not comment. This
item was again tabled at the last Council meeting which did not
allow comments from residents.
Councilman Billings stated that this is not an official public
hearing. If Council is prepared to take action there is no legal
requirement that the issue has to be kept open as a public hearing.
Mayor Jorgenson stated that both she and Councilman Schneider
received calls from neighboring residents. She did not want to
exclude them from speaking.
� Councilwoman Bolkcom stated that testimony was heard at the public
hearing before the Planning Commission. She did not want the same
information brought up again.
Mr. Dommer, the petrtioner, stated that Heather Hills North is a
fine pro�ect and would create valuable homes. He will try to
introduce new information regarding this development.
Councilman Billings stated that Mr. Dommer, in his letter of
November 4, addressed the 80 foot width requirement for a corner
lot. Councilman Billings asked Mr. Dommer if he had a new survey
plat showing the 80 foot lot.
Mr. Dommer stated that he brought a site plan with him that shows
this lot as 80 feet wide.
Councilman Billings asked Mr. Dommer if he has taken control of the
four-foot strip.
Mr pommer stated that it is their position that the four foot
strip does not exist, and no one has control of it.
Councilman Billings stated that Council has read all the
information regarding thi5 plat, and action will be taken this
� evening. However, he would be happy to hear any clarification of
the points.
Mr. Dommer stated that there are two stipulations in the staff
report that he feels must be addressed before action by the
Council. There is a site plan that shows the 80 foot width on the
corner lot. The rest of the lots are 77 feet wide.
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER B, 1997 PAGE 8
Councilman Billings asked if the 7� foot widths were discussed with
the Planning Commission at the public hearing.
Mr. Dommer stated that was not an issue at the time. Staff
indicated that 75 feet was the required width. After the public
hearing staff stated that it did not meet the width requirement.
Councilman Billings questioned if modifications can be made to the
plat without a public hearing.
Mr. Dommer stated that he felt this could be done with a
preliminary plat before a final plat is approved. He would,
however, like to address the two stipulations.
Councilman Billings stated that depending on the outcome of the
four feet strip, it may or may not be necessary to address these
two stipulations.
Mr. Robert Hensley, attorney for Mr. Dommer, stated that he was
retained by Mr. Dommer to review some of the legal issues in this
case. The primary legal issue involves the four foot strip and to
analyze the history of the strip to determine the 1ega1 property
interests. A letter dated December 1, 199� was sent to the City.
� MOTION by Councilman Billings to receive the letter dated
December 1, 1997 from Mr. Hensley Re: Philip Stephen Companies/
Approval of Preliminary Plat. Seconded by Councilman Barnette.
Upon a voice vote, all voting aye, Mayor Jorgenson declared the
motion carried unanimously.
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Mr. Hensley stated that there were a number of discrepancies and
unusual legal circumstances involving the plat that was approved in
May, 1981. The actual signature block for the plat shows that the
owner of the property, the Peoples Church, dedlcated that
particular roadway that was Heather Place in May, 1981. At that
time it was 50 feet wide. Council approced the plat at their
May 18, 1981 City Council meeting.
Councilman Billings asked if there is a quit claim deed that deeds
the 50 feet to the City or the actual verbiage from the plat that
addresses this 50 feet
Mr. Hensley stated that he was not aware of a quit claim deed.
On1y the easement is shown on the plat. Mr. Hensley stated that
attachment �(to his December 1 letter) shoeas Outlot B.
Councilman Billings asked if that is what is actually on file with
Anoka County.
Mr. Hensley stated tha� he does not believe it was actually filed
with Anoka County. He believes that the document filed had been
altered after it was filed. There is no question that there were
changes made. The outlot was not created as a platting process,
but was part of the sanitary sewer pro�ect. That occurred in
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August, 1981; however, everyone signed the plat and notarized it in
May.
Councilman Billings stated that this would probably have to be
settled in court. He asked the City Attorney if Council has the
discretion to pick and choose what is on file at the County.
Mr. Knaak, City Attorney, stated not to his knowledge.
Councilman Billings asked if Council must abide by what is on file
at the County whether appropriate or inappropriately filed.
Mr. Knaak stated that is correct. However, he said that Mr.
Hensley has raised some interesting questions with respect to his
review. Mr. Knaak did not know if anyone is in a posrtion to
factually contest it. The issue here is what is of legal record.
It is not in the purview of the Council to make a �udgment on what
official record it wishes to choose. There is no �ustification for
Council to choose some other basis for making a decision. However,
there may be other forums where these issues may be addressed. The
plat that is of record in Anoka County, whether modified, is the
official plat that Council must rely on in ma'r.ing a decision.
� Mr. Hensley stated that from their standpoint, in addition to what
was filed, the issue is what Council approved. The Council only
approved a 50 foot wide easement between the church and Brickner's.
The Council, at another meeting, apparently made some revisions
which were after the plat was sworn to and after it was recorded.
He believes there is a 50 foot wide easement available for use.
Any subsequent action is void because Council never followed any
procedure to change it. There are no actions by the Peoples Church
to change it, and they owned the property at that time. There
never was any variance to Brickner's to build a 46 foot roadway.
It looks like everything happened later in another process. His
client's position is that there is a 50 foot easement there that
was never altered. What this creates for the City is a four foot
issue.
Councilman Billings stated that �his is a title issue that needs to
be resolved between the property owners. The petitioner has the
option to pursue it. Council, however, is not in a position to
pick and choose which document on file at the County they honor.
MOTION by Councilman Sillings to deny preliminary p1at, P.S.
#97-04, Heather Hills North, by The Philip Stephen Companies, to
resubdivide the property generally located at 6217 Central Avenue
for failinq to meet the requirement of Section 211 of the Fridley
Municipal Code, specifically: (1) failure to obtain the tentative
� approval of the Planning Commission (Fridley Municipal Code Section
211.04.2B(1)), (2) failure to meet the requirements for correctly
specifying existing boundaries, including exis�ing streets and
rights-of-way, pursuant to Fridley Municipal Code Section
211.04C(1)(a) &(c); (3) failure to meet the requirements for
correctly specifying 1ot widths, pursuant to Fridley Municipal Code
Section 211.07.19; and (4) failure to establish legal access to
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 1997 PAGE 10
public roads and rights-of-way in the plat design. Seconded by
Councilman Barnette. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously.
NEW BUSINESS:
13. RESOLUTION NO. 115
THE NECESSITY TO LEVY A TAX
16 MILLS AND CERTIFYING TAX
Mr. Pribyl, Finance Director, stated that this resolution serves
two purposes in that it satisfies Section 7.02 of the City Charter
which requires a public hearing be held when it appears the tax
levy may be in excess of 16 mi11s and also certifies the 1998 tax
levy to the County for collection. The impact of this levy would
result in about an $18 increase on an average $90,000 home
MOTION by Councilman Barnette to adopt Resolution No. 115-1997.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
12. RESOLUTION NO. 116-1997 ADOPTING A BUDGET FOR THE FISCAL YEAR
1998:
Mr Pribyl, Finance Director, stated that Council held a public
hearing on the 1998 budget on November 29, 1997. At that time, the
budget was reviewed by the City Manager, and there were no
unresolved issues and no need to continue the hearing.
Mr. Pribyl stated that this resolution approves the 1998 budget.
He reviewed the budgeted expenditures for the various funds. The
total budget is $12,384,876 or a 7.4 percent decrease from the 1997
budget.
MOTION by Councilwoman Bolkcom to adopt Resolution No. 116-1997.
Seconded by Councilman Barnette. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
14. APPROVE THE 1998 AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE
FRIDLEY COMMUNICATIONS WORKSHOP (E.T C. CHANNEL 33):
MOTION by Councilman Barnette to approve the 1998 agreement between
the City and the Fridley Communications Workshop (E.T C. Channel
33), and authorize the appropriate officials to execute same.
Seconded by Councilman Billings.
Councilman Billings asked if this agreement allows for either party
to terminate the contract.
Mr. Burns stated that either party can terminate the contract with
a ninety-day notice.
Councilman Billings stated that he has concerns on the whole area
of public access. He felt the cost to the Frzdley subscriber was
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 1997 PAGE 11
more than the cost in other communities. He questioned if there
was a way to provide service more economically.
Councilman Billings stated that, originally, there was a board of
directors dedicated to providing quality access to the cable
system. It now appears the ma�ority of the board of directors have
a vested interest in the station. He was not sure the guidance is
there to provide a quality station. It would appear that the board
of directors is interested in maintaining the ability for
programming what they wish and not programming in the best
interests of the City. He was not pleased with the quality of
programming appearing on E.T.C. Channel 33. He has received
telephone calls from many people regarding the programming. He
felt that this needed to be addressed. It is especially important
when the City is supporting the Values First program.
Councilman Barnette stated that Councilman Sillings' comments are
well taken. There zs a provision to terminate the contract with a
ninety-day notice. It puts them on notice that there are some
concerns.
Councilwoman Bolkcom stated that sometimes the programming has not
been the best. It does not seem to coincide with the City's Values
First program.
Councilman Billings felt there probably needed to be a task force
to look at the models from other communities. He would like to see
the first quarter of 1998 be a time frame to honestly evaluate the
public educational and governmental aspect of our four channels to
see if there is a more economical use and greater quality.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councllman Barnette,
Councilwoman Bolkcom and Mayor Jorgenson voted in favor of the
motion. Councilman Billings voted against the motion. Mayor
Jorgenson declared the motion carried by a three to one vote.
15 INFORMAL STATUS REPORTS:
Mr. Burns, City Manager, stated that he is proposing a holiday
schedule for the City. There have been extended hours on Tuesday
evenings, but because of the holiday, he is recommending that the
Municipal Center hours for Tuesday, December 23 and December 30 be
8:00 a.m. to 5:00 p m. The extended hours would resume after the
first of the year. He also recommended that the Municipal renter
be closed at 3:00 p.m. both on Christmas Eve and New Year's Eve.
The Municipal Center will also be closed on December 26, the day
after Christmas. If there were no ob�ections, these hours would be
publicized in Focus News.
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 1997
ADJOURNMENT :
PAGE 12
MOTION by Councilman Billings to ad�ourn 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 December 8, 1997 ad�ourned
at 8:40 p.m.
Respectfully submitted,
Carole Haddad
Secretary to the City Council
Nancy J. Jorgenson
Mayor