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01/24/2005 - 00026743CITY COUNCIL MEETING CITY OF FRIDLEY JANUARY 24, 2005 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Billings Councilmember Wolfe Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Frederic Knaak, City Attorney Scott Hickok, Community Development Director Richard Pribyl, Finance Director Jon Haukaas, Public Works Director Jack Kirk, Recreation & Natural Resources Director Rebecca Brazys, Recording Secretary Senator pon Betzold Representative Char Samuelson Representative Connie Bernardy Representative Barb Goodwin LEGISLATIVE UPDATE: Senator Betzold, Representative Samuelson, Representative Bernardy and Representative Goodwin commented on the activities of the state legislature. OPEN FORUM (VISITORS): Consideration of items not on agenda (15 minutes) Ms. Bonnie McDonald, Executive Director of the Anoka County Historical Society, thanked the Council for sponsoring the ornament presentation that was made on December 7 at the Anoka County History Center. FRIDLEY CITY COUNCIL MEETING OF JANUARY 24, 2005 PAGE 2 CONSENT AGENDA: APPROVAL OF MINUTES: City Council meeting of January 3, 2005. APPROVED OLD BUSINESS: 1. Second readinq of an Ordinance Amendinq Chapter 603 and Chapter 606 of the Fridlev Citv Code Pertaininq to Lawful Gamblinq. Dr. Burns, City Manager, explained that this ordinance amends Chapters 30, 603 and 606 of the Fridley City code to allow all forms of lawful gambling permitted by Minnesota Statutes to be conducted by licensed gambling organizations in both clubs and restaurants. Prior to these amendments, licensed local gambling organizations were restricted to the sale of pull-tabs in local restaurants. Staff recommends Council's approval of the second and final reading. WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1200 ON SECOND READING. NEW BUSINESS: 2. Resolution Establishinq the Sprinqbrook Nature Center Special Revenue Fund. Dr. Burns, City Manager, explained that by this action, Springbrook Nature Center revenues and expenditures will be removed from the General Fund and placed in a new special revenue fund. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2005-09 3. Resolution Authorizinq Chanqes in Appropriations for the 2005 Budqet Associated with the Creation of the Sprinqbrook Nature Center Special Revenue Fund. Dr. Burns, City Manager, stated the Springbrook Nature Center budget was cut back from $303,000 in 2003 to $265,775 in 2004. The current City budget for 2005 provides $270,474 for the operation of the Springbrook Nature Center. This resolution raises the appropriation by $39,808 to $310,282. The new amount will allow for the restoration of evening and weekend hours as well as a part-time building maintainer. Staff recommends Council's approval. FRIDLEY CITY COUNCIL MEETING OF JANUARY 24, 2005 PAGE 3 THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4. Resolution Approvinq and Authorizinq Siqninq an Aqreement for Police Serqeants of the Citv of Fridlev Police Department for the Years 2003, 2004, and 2005. Dr. Burns, City Manager, said the Fridley police sergeants certified as a bargaining unit with the Bureau of Mediation Services on October 15, 2003. The City has been negotiating a new contract since April, 2004. While it appeared as though the City was headed for arbitration in March of this year, an agreement was reached. The main terms of the agreement provide the sergeants with a 2% increase effective October 15, 2003 and 3% increases effective January 1, 2004 and January 1, 2005. The contract expires at the end of 2005. For the most part, it includes the same terms as found in the police patrol contract. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2005-11. 5. Approve Joint Powers Aqreement for Traffic Markinqs, Street Sweepinq, Crack Sealinq, Screeninq and Seal Coatinq. Dr. Burns, City Manager, explained that this agreement is with the cities of Andover, Brooklyn Center, Columbia Heights, Coon Rapids and Spring Lake Park. It provides for the joint bidding of various street maintenance items. Fridley's main interest is in seal coating. The agreement does allow us to take advantage of other street maintenance items. There is no obligation to use the joint bid. Staff recommends Council's approval. APPROVED. 6. Motion to Authorize the Fridlev Senior Companion Proqram to Applv for CDBG Fundinq for the Period Julv, 2005, Throuqh December, 2006. Dr. Burns, City Manager, stated as was the case in 2004, we are joining the City of Coon Rapids in making an application for CDBG funding. Together we are asking for $13,000 in 2005-2006 CDBG money to fund the Senior Companion Program. If successful, Fridley's share would be $6,500. Staff recommends Council's approval. APPROVED. 7. Appointments (Citv Emplovees). Dr. Burns, City Manager, stated staff recommends the appointment of Christopher McClish, Andrew Todd and Zachary Chlebeck as patrol officers. These three positions were vacated in 2004 as a result of two promotions and a resignation. APPROVED. FRIDLEY CITY COUNCIL MEETING OF JANUARY 24, 2005 PAGE 4 8. Claims (119898 — 120226). APPROVED. Councilmember Barnette requested that Item 3 be removed from the consent agenda and placed on the regular agenda. MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to approve the consent agenda with the removal of Item 3 to the regular agenda. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to approve the agenda with the addition of Item 3. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OLD BUSINESS: 9. Variance Request, VAR #04-15, by Bill Hinks, Furniture Outlets, USA, Inc. to Increase the Amount of Allowable Wall Signage on the North Facing Wall of the Building from 342 Square Feet to 734 Square Feet; to Increase the Amount of Allowable Wall Signage on the East Facing Wall from 289 Square Feet to 324 Square Feet and to Allow Signage on Three Walls of an Industrial Building, Generally Located at 5353 East River Road (Ward 3) (Tabled January 3, 2005). and Approve Findings of Fact for Variance Request, VAR #04-15. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to remove Variance Request, VAR #04-15, from the table. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok, Community Development Director, stated that at the January 3 City Council meeting, Council reviewed this item and directed staff to prepare findings of fact to support the approval of the variances at this location. The variance request for the west face of the building has been withdrawn by petitioner. The variances to be approved by Council include: FRIDLEY CITY COUNCIL MEETING OF JANUARY 24, 2005 PAGE 5 1. The variance to increase the amount of allowable wall signage on the north facing wall (Interstate 694 side) of the building from 342 square feet to 734 square feet. 2. The variance to increase the amount of allowable wall signage on the east facing wall (front store entrance) of the building from 289 square feet to 324 square feet, which is the signage that exists on the building today. 3. The variance to allow signage on three walls of an industrial building instead of the code-allowed two. The Council's findings of fact are as follows: 1. The property is unique from the standpoint that its main visibility is from Interstate 694 and there is not a through street running immediately adjacent to the property. 2. The property is unique because it is off a frontage road that needs to be accessed about a half mile away, on a street that is perpendicular to the frontage road. 3. A similar sign variance was granted for a neighboring industrial property. This property and use is comparable to the petitioner's as they are both located at the end of the frontage road which is only visible, not accessible, from Interstate 694. They also share a similar feature in that their principal use is warehousing, which is industrial, while also incorporating a retail interest as an accessory use. 4. Location overall is atypical for retail users and traffic. Mr. Hickok said staff recommends that Council review the request for the three variances listed above, review the attached findings of fact, modify them if necessary, and approve them for the record. Staff also recommends the following stipulations: 1. The petitioner shall obtain a sign permit prior to installation of any additional signage. 2. This variance shall remain in effect unless any of the following occur: a. The sign is altered in any way, except for routine maintenance and change of inessages which makes the sign less in compliance with requirements. b. The supporting structure of the sign is replaced or remodeled. c. The face of the sign is replaced or remodeled. d. The sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than 50% of the value of the sign, at which time all of the sign and its structure shall be removed. e. Notwithstanding subparagraph (a) above, upon the change of the name of the business being displayed on this sign. FRIDLEY CITY COUNCIL MEETING OF JANUARY 24, 2005 PAGE 6 Councilmember Bolkcom asked about the letter dated January 25 to Furniture Outlets. Mr. Hickok explained if the variances are approved by Council this evening, the letter will be mailed to petitioner on that date. Mr. David Bailey, Furniture Outlets USA, stated he has no concerns with the stipulations recommended by staff. MOTION by Councilmember Bolkcom, seconded by Councilmember Billings, to approve Variance Request, VAR #04-15, based on the findings of fact and recommendations specified by staff. Councilmember Bolkcom asked if the variance withdrawn by the petitioner needs to be addressed by Council in their motion. Mr. Hickok stated because the petitioner withdrew that variance, no action is necessary. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. Approve Findings of Fact for Variance Request, VAR #04-14, by St. Philip's Lutheran Church, Generally Located at 6180 Highway 65 NE (Ward 2). Mr. Hickok, Community Development Director, explained that at their last meeting, Council denied this variance on a 3 to 2 vote and instructed staff to determine findings of fact on which to base the denial. The findings are as follows: 1. The size of the church campus and architecture of the building, with the pronounced spire, make it clearly visible as a church without the need for additional signage beyond what code allows. 2. The physical placement of the proposed sign can be closer to the roadway than surrounding properties to the north, since St. Philip's Lutheran Church does not have a frontage road on the highway side of their property. 3. There is a lack of unique physical characteristics to the St. Philip's Church property. 4. Without a variance, the petitioner still has an opportunity to provide signage on the property, including a new 32 foot pylon sign, in addition to the existing corner monument sign, if used as an address marker. 5. A larger sign may have an impact on nearby residential property. Once approved, the Church intends to request a Special Use Permit for an electronic reader board sign at this location, which could create a visual distraction in the area, especially in the evening hours. FRIDLEY CITY COUNCIL MEETING OF JANUARY 24, 2005 PAGE 7 6. Neither City staff, the Appeals Commission, nor the City Council have been able to identify a hardship for the increased sign size request. Mr. Hickok further stated that staff recommends Council review the findings of fact, make any necessary modifications and approve it for the record. This variance was denied at the last Council meeting. Councilmember Barnette stated one of the discussion items at the Council meeting was St. Philip's seeking rezoning for their property which would allow the sign. Councilmember Bolkcom stated she received an email regarding this matter that stated they planned to pursue the rezoning issue with the church board. Councilmember Billings stated he has been looking at some legislation for a possible overlay district that would include East River Road, University Avenue and Highway 65 to provide for an area that would go a certain number of feet back from the right-of-way to provide for larger signage for churches in residential zoned districts. He is also working on legislation for an overlay district for properties along Interstate 694. MOTION by Councilmember Barnette, seconded by Councilmember Bolkcom, to approve the findings of fact to support the denial of Variance Request, VAR #04-14, by St. Philip's Lutheran Church. UPON A VOICE VOTE, WITH COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED ON A FOUR TO ONE VOTE. NEW BUSINESS: 11. Receive Bids and Award Contract for Springbrook Creek Restoration Project No. 358. Dr. Burns, City Manager, recommended this matter be tabled until the February 14 meeting. The bids were opened today and they were all over budget. Staff needs time to work with the contractor and the other cities that are involved. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to table this discussion on the Springbrook Creek Restoration Project No. 358. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED ON A UNANIMOUS VOTE. 12. Motion to Receive an Attorney Review of the Time Warner Cable Franchise Proposal and Direct Staff to Take Action as Warranted. Mr. Knaak, City Attorney, stated the formal process for the renewal of the cable franchise was undertaken at the request of Time Warner. The City issued a request for FRIDLEY CITY COUNCIL MEETING OF JANUARY 24, 2005 PAGE 8 proposal and Time Warner has responded. This discussion is intended to be an informational summary of an initial analysis of that proposal to see whether or not it meets the standards of the criteria for the request for proposal. There is not an immediate need for action, but the City has four months, beginning November 1, 2004, to decide whether or not it is going to renew the franchise or whether it will issue a preliminary assessment that the franchise should not be renewed, in which case findings of fact would have to be prepared as to the reasons and basis for the City's decision. If the City issues a preliminary assessment, they would then have to commence an administrative proceeding to determine whether Time Warner substantially complied with the material terms of the existing franchise, if the quality of the service was sufficient or appropriate and met the community's needs, if Time Warner has the financial and technical ability to provide the services, and if Time Warner's proposal is reasonable to meet the future cable-related community needs. Mr. Knaak explained his report to the Council includes a review of those issues and a comparison with the City's request for proposal. Council will note that Time Warner has not met the express terms of the City's request on a number of issues. Councilmember Bolkcom asked if the next step in this process would be for Council to schedule a conference meeting to discuss this matter. Mr. Brian Grogen, outside legal counsel for the City, stated ultimately, the question is simply whether or not the proposal Time Warner submitted is reasonable to meet the needs identified by the City. If so, we prepare findings of fact moving forward with the proposal and drafting a contract accordingly. If not, we draft findings of fact to outline where the deficiencies are in the proposal and issue a preliminary denial. As far as a timeline, the statute states Council has four months, which would fall on March 31, 2005. If Council takes no action by that point, the statute would imply that the City has accepted Time Warner's proposal by their inaction. Mr. Lance Lupold, representing Time Warner, requested a copy of the report submitted to Council by Mr. Knaak. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to accept the attorney review of the Time Warner cable proposal and to take action as warranted, including discussing it with the City Council. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. After some discussion, the Council scheduled a conference meeting on this matter for 7:00 p. m. on February 7, 2005. 3. Resolution Authorizing Changes in Appropriations for the 2005 Budget Associated with the Creation of the Springbrook Nature Center Special Revenue Fund. FRIDLEY CITY COUNCIL MEETING OF JANUARY 24, 2005 PAGE 9 Councilmember Barnette asked for clarification on the budget figures submitted, specifically the $89,700 figure. Dr. Burns, City Manager, explained that the levy will bring in $275,000, another $58,500 is anticipated in program revenues and there will be a balance of about $30,000 set aside for capital improvements. Mr. Kirk, Recreation and Natural Resources Director, explained the $89,000 reflects approximately $20,000 for admission fees. About a month ago, the Parks and Recreation Commission recommended the fees be discontinued which reduces the level of revenue. The amount of $89,700 was put in the budget last April at a time when they did not know whether admission fees were going to continue and whether the fund- raising efforts were going to have to be part of the budget. After the referendum and discussion with Council, the Parks and Recreation Commission recommended the elimination of the fees. Councilmember Barnette asked if the referendum had failed would the $89,700 figure be in the budget. Mr. Pribyl, Finance Director, said the budget would probably be adjusted down because it was based on pre-election data. Councilmember Barnette asked what the actual budget figure is for Springbrook for 2005. Mr. Pribyl stated the amount of $310,282 will be the total budget. MOTION by Councilmember Barnette, seconded by Council Wolfe, to adopt Resolution No. 2005-10. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. Informal Status Reports. Mayor Lund stated the State legislators' town hall meeting is scheduled for Saturday, January 29, at 11:00 a.m. Mr. Kirk announced that Winter Fest is scheduled for Saturday, January 29, with events at the Springbrook Nature Center, the Community Center and Commons Park. ADJOURN: MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn. FRIDLEY CITY COUNCIL MEETING OF JANUARY 24, 2005 PAGE 10 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 9:31 PM. Respectfully submitted by, Rebecca Brazys Recording Secretary ������ Scott J. Lund Mayor