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02/27/2006 - 00027437CITY COUNCIL MEETING CITY OF FRIDLEY FEBRUARY 27, 2006 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 OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Jon Haukaas, Public Works Director Richard Pribyl, Finance Director/Treasurer PRESENTATION: SOUTHERN ANOKA COMMUNITY ASSISTANCE PROGRAM Justin Parta, Southern Anoka Community Assistance (SACA) Board Member, shared a brief presentation of SACA. SACA is a local non profit organization providing for those less fortunate and in need. The organization continues to grow not only in food donations, but clothing and educational needs as well. In 2004 SACA contributed 382,970 pounds of food to Anoka County residents and 362,112 pounds of food in 2005. Fridley residents in need received 130,780 pounds of food in 2004 and 120,284 pounds of food in 2005. The overall estimated cost involved of food per pound including donations and purchases is $1.00 per pound. In the last two years Fridley residents have received over 250,000 pounds of food. Mr. Parta stated that SACA is seeking financial aid from the City of Fridley to help with the expenses in assisting Fridley residents. Columbia Heights is helping with the lease of the building and has charged SACA $30.00 to lease the property for 30 years. Columbia Heights is also funding the cost of waste, water, police and fire. Currently Columbia Heights receives about 56% of SACA benefits; Fridley residents receive 33-34%, Spring Lake Park 4% and Hilltop 6%. Based on the volume and output to Fridley residents, SACA is seeking a contribution from the City of Fridley of somewhere around $10,000 per year. This amount was based on the benefits Fridley residents in need have received over the past few years. The purpose of this request is to assist in operating costs that continue to increase such as utility and gas bills. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 2006 PAGE 2 Mr. Parta said that SACA is very involved in various community events, making holiday baskets and donating new and used clothing, diapers, formula and essentials. SACA also holds fundraisers throughout the year. On Thursday, March 2, an event called Empty Bowls will be held at 6085 Seventh Street, and he encouraged viewers to attend this event to support this organization. Mayor Lund said that Council has supported SACA for many years. This issue has been brought to Council's attention in the past. Council will look at the request at a future conference meeting and discuss if a contribution would be possible. Mr. Parta questioned if Council would like any financial documents from SACA. Mayor Lund answered that Council has a good understanding of the financial figures. SACA is well known in the area for the service it provides. NPDES ANNUAL UPDATE Jon Haukaas, Public Works Director, presented an update on the National Pollutant Discharge Elimination System (NPDES). The update included an overview of the program, the accomplishments over the past year and changes that are planned for the coming year. Part of the NPDES permit requires the Public Works Department to make an annual public presentation describing what is in its Stormwater Pollution Prevention Plan (SWPPP). This is the third review of the Plan. Mr. Haukaas reviewed six control measures of the program. The control measures are as follows: 1. Public Education and Outreach - An educational video of endangered wetlands has been playing at the Nature Center. A direct mailing regarding ponds was sent to residents in 2005. That was the final mailing. The Springbrook Nature Center created Saturday workshops that are promoted in schools and prepared mailings regarding wetlands. An educational game program called "How's the Water" is coordinated with schools. Field trips are held. Seasonal help stencils areas as "no dumping/no waste" to alert residents to be careful of what goes into the dumping stations. There is also an "Alex the Frog" interactive computer kiosk children's education program about stormwater that is available at the Nature Center. It talks about stormwater and how pollutants are carried into the water. 2. Public Participation and Involvement — Continue to promote rain gardens and offer planting seminars, yard and garden fairs and continue with wetland curriculum in the Fridley school district with third and eighth graders. 3. Illicit Dischar�e Detection and Elimination - One component of this system is to maintain and continue storm sewer system maps. A revision was recently completed for illicit discharge ordinances. On occasion, newsletter articles are created on illicit discharge. The City is required to inspect a minimum of 20% of the outfalls each year. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 2006 PAGE 3 4/5. Construction Site Runoff and Construction Stormwater Mana e.°� ment - This explains what the City requires from developers during development so that sediment does not leave the site. It also informs developers on how to manage the development after construction. They are planning to create brochures to educate developers and homeowners on stormwater management. 6. Pollution Prevention Good Housekeepin� for Municipal Operations - Several storm sewer treatment devices have been installed to intercept sediments and other items before they run directly into the creeks and rivers. The City will complete three to six street sweeping rounds per year depending on availability. The "Your Eco Home" cable television show is prepared and presented by the environmental staff four times a year. Mr. Haukaas stated that there is a resources area available on the MPCA website and the EPA stormwater website. He said this is not a public hearing but a required public presentation. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting February 13, 2006. APPROVED OLD BUSINESS: 1. Second Reading of an Ordinance Amending Fridley City Code, Chapter 101, Animal Control Pertaining to Wild Animals and Birds. William Burns, City Manager stated this ordinance authorizes a permit process for the taking of nuisance wild animals and birds. It also permits City staff to trap, immobilize or kill a wild animal or bird for public safety or humane reasons. The first reading was held at the February 13 Council meeting. Staff recommends Council's approval of the second and final reading. WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1227 ON THE SECOND READING AND ORDERED PUBLICATION. 2. Second Reading of an Ordinance Amending Chapter 131, Fire Department Service charges, as it Pertains to Invoicing Motor Vehicle Owners. William Burns, City Manager, said the Fire Department may invoice the insurance companies of motor vehicle owners who benefit from Fire Department services at the scene of a motor vehicle accident. The amendment allows the Fire Department to bill the owners directly for this service. It also clarifies that the $400 fee may be collected from the owner through criminal court when a police citation has been issued. Staff is asking for this change due to difficulties collecting insurance information. Council approved the first reading of this ordinance at their meeting on February 13. Staff recommends approval of the second and final reading. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 2006 PAGE 4 THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. NEW BUSINESS 3. First Reading of an Ordinance Amending Chapter 505, Bicycle Regulations, of the Fridley City Code Pertaining to Licensing and Regulations. William Burns, City Manager, stated that since the State legislature eliminated the statewide bicycle registration program in 2005, staff recommends the elimination of the bicycle registration requirement from our ordinances. Staff recommends Council's approval of the first reading of this ordinance. WAIVED THE READING OF THE ORDINANCE AND APPROVED THE ORDINANCE ON FIRST READING. 4. Receive the Minutes from the Planning Commission Meeting of February 15, 2006 RECEIVED. 5. Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement for Bids: Sanitary Sewer Lining Project No. 366. ADOPTED RESOLUTION NO. 2006-18. 6. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Knights of Columbus, 6831 Highway 65 N.E. (Ward 2). William Burns, City Manager, stated that this is a two-year renewal for a license that expires on May 31, 2006. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-19. 7. Resolution Establishing Procedures Relating to Compliance with Reimbursement Bond Regulations under the Internal Revenue Code. William Burns, City Manager, said this resolution authorizes the Finance Director to provide a Declaration of Intent which declares our intent to issue general obligation bonds, supported by a general tax levy, to reimburse ourselves for the costs of the City's street improvement projects. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-20. 8. Claims. APPROVED. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 2006 PAGE 5 9. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 10. Estimates. APPROVED THE FOLLOWING ESTIMATE: Shank Constructors, Inc. 3501 — 85th Avenue North Brooklyn Park, MN 55443 Commons Park Water Treatment Plant Upgrade Project No. 357 Estimate No. 4 $48,736.50 Councilmember Wolfe requested that Item 2 be removed from the consent agenda and placed on the regular agenda. MOTION by Councilmember Barnette to approve the consent agenda as presented with the removal of Item 2. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Barnette to adopt the consent agenda as presented with the addition of Item 2. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): Paul Pierce, President of Anoka County Historical Society, announced that in 2007 Anoka County will be celebrating their 150th year anniversary. This will be a memorable occasion and will be held on May 23, 2007. There will be a wagon train led by mule or ox parading throughout the County for four days. It will end up at the Anoka County Fairgrounds for a celebration through the weekend. The planning committee is trying to organize fireworks to be lit off in all 21 cities on that night. The committee is offering help to raise funds for the cost of the fireworks. Mr. Pierce encouraged anyone to share information on historical items or events of significance. The Historical Society will accept unlimited documents and photographs and limited artifacts. They would like to increase the exposure of Fridley at the Anoka County Historical Society. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 2006 PAGE 6 Councilmember Barnette asked if they had been in contact with the Fridley Historical Society. Mr. Pierce responded that they have been in contact with the Fridley Historical Society. He said he can be reached at 763-421-0600 or 763-421-3232 if any residents have items of interest for the Historical Society or need additional information regarding this event. PUBLIC HEARING: 11. Consideration of an Ordinance Amending Chapter 4 of the Fridley City Charter Pertaining to Appointment of Election Judges. MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8:05 P.M. Rick Pribyl, Finance Director, said when appointing election judges for this past year's special election, a question was asked on how an election judge was appointed. The City Charter requires that an election judge must be a registered voter and be appointed from and work in their own precinct. Minnesota state law requires that eligible voters may serve as election judges in any precinct in the state. As a result of a discussion with Council, staff reviewed this with the City attorney and this issue was forwarded to the Charter Commission for discussion and a recommendation. The major change being suggested is that election judges would be eligible voters instead of registered voters as allowed by statue and the language would require that the head election judge would still be required to be a registered voter but could be from outside of the district. These changes would make it easier to find and maintain election judges. Councilmember Barnette questioned if the City of Fridley has had a problem with election judges in the past. Deb Skogen, City Clerk, replied that a lot of younger people are acting as election judges. The state now allows any election judge that is working to take a day off to serve as an election judge and not use a vacation day, similar to jury duty obligations. Currently, residents must work in the precinct they serve as an election judge. Election judges cannot be related to each other such as a husband and wife and serve in the same precinct. The City has been using judges in the past from other precincts and it has been working well. Election judges must also represent a balance with each party. This proposed change would put Fridley in line with the state statue. MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:10 P.M. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 2006 PAGE 7 NEW BUSINESS: 12. Master Plan Amendment, MP #06-01, by Medtronic Inc., to allow the Addition of a Billboard Sign in an S-2, Redevelopment District, Generally Located at 710 Medtronic Parkway (Ward 1). Scott Hickok, Community Development Director, presented a request from Medtronic Inc. for an addendum to their World Headquarter Master Plan to allow the installation of a billboard-type sign. Medtronic is proposing to install a 14 foot by 48 foot (672 square feet) community service sign, which will display Medtronic's commitment to the community on the southwest side of the property, located south of the existing parking lot and east of the day care center. It should be noted that this is considered an addendum to Medtronic's Master Plan. This request does not replace Phase 2 and Phase 3 of the original master plan approved on April 26, 1999. Petitioner has stated that the sign is considered temporary and will be taken down when Phase 2 and Phase 3 are constructed. Mr. Hickok said Council approved the Master Plan for a Medtronic World Headquarters on April 26, 1999. The Master Plan approved the construction of up to 1,600,000 square feet of corporate facilities and three parking ramps. The first phase consists of approximately 500,000 square feet and has been completed. Phase 1 consists of six buildings, including a research building, education building, corporate headquarters building, neurological building, a campus commons building, and a central plant facility. A 1,000 stall car parking ramp is also located on the property. In 2000, the City Council granted Medtronic an amendment to their Master Plan to allow an 11,270 square feet free-standing daycare center. That amendment did not subtract from the anticipated placement of the Phase 2 and Phase 3 portions of the development. Instead, it was in addition to the already planned campus. In 2001, a temporary, 282 stall parking lot was constructed on the east side of the daycare center. The lot is considered temporary because it would need to be removed in order for Phase 2 and Phase 3 to be completed. This parking lot was constructed as a result of parking problems Medtronic was experiencing during special corporate events held at the World Headquarters Campus. Without the full build-out of the additional parking ramps, this was reviewed as the best solution to bridge the parking gap, without permanently changing the Master Plan layout. Mr. Hickok reviewed Fridley's sign code. It states in order for a billboard to be constructed, several requirements need to be met. These requirements include the billboard shall be restricted to property adjoining the right of ways, the minimum height above the finished grade, the maximum sign area, the minimum distance between billboard signs, the minimum setback from the highway right of way, the minimum distance to a residential and public district, the sign structure shall be all metal or be either painted or treated to prevent deterioration, and the minimum distance to a railroad crossing and lighting will be shielded to not impair the vision of any motor vehicle operator or to create a nuisance on adjoining property. Mr. Hickok stated after further analysis, staff has determined that the only requirement the petitioner will have trouble meeting is the minimum distance to a residential district, which is 500 feet. The residential properties across I-694 on Cheri Lane will be approximately 400-450 feet from the proposed sign. The subject property is zoned S-2, Redevelopment District. The FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 2006 PAGE 8 S-2, redevelopment district does allow flexibility and latitude with a development, subject to stipulations. This use however, would not be as intense of an impact, due to the following mitigating features: the highway provides a barrier, the sound wall on the south side of 694 and the angle of the sign (end of the sign). Mr. Hickok stated staff recommended denial of this item to the Planning Commission, and further indicated that if the proposed sign were placed in a location not in conflict with already approved site plans, staff would recommend approval. This item was approved at the February 15, 2006 Planning Commission Meeting on a 5 to 1 vote. Stipulation 7 was added to the amendment. If the City Council decides to concur with the Planning Commission, staff would recommend that the Master Plan addendum be granted with seven stipulations. Mayor Lund asked if Medtronic is willing to relocate the sign so it would not be in conflict with Phase 2 and Phase 3 construction plans. Mr. Hickok replied that Medtronic plans to peruse the original proposed location. Taking into consideration the time and money invested in the sign, delayed construction of Phase 2 and 3 was an original concern of staff. This is not a major concern at this time, and when Phase 2 and Phase 3 construction begins, the sign will be destroyed. Jim Driessen, Medtronic Inc., stated that truly the intention of this sign is temporary. This sign will be in direct conflict with the ne�t two phases of construction. Councilmember Billings questioned if Medtronic understood the seventh stipulation that was added to the original addendum and if they had any problems with the stipulations. Tarra Krejce, Medtronic Inc., replied that keeping the sign in the proposed location will force Medtronic to remove the sign when the ne�t phase of construction begins and stated that it is an advantage to keep the sign in the proposed site. Councilmember Billings questioned the impact of the sign to the adjoining property that is 450 feet adjacent to the sign and if it is a major problem. Mr. Hickok replied that the residential owner would see the internal parts of the sign and the angle is set that it would have the least amount of impact to the property. Councilmember Billings stated that he could support this addendum if Medtronic would be willing to work with neighborhood concerns. He also questioned if the sign would be internally illuminated and suggested that Medtronic representatives view some signs along Highway 35E and Highway 96 that were attractive. Ms. Krejce answered that currently Medtronic was unsure how they will illuminate the sign. Medtronic will test both ways to light the sign and choose what will be best for everyone. The billboard will not look like a typical billboard but will be attractive on the campus. This is something that Medtronic will be proud to have on the property. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 2006 PAGE 9 Mayor Lund questioned if Medtronic had an estimated time frame for Phase 2 and Phase 3 construction. Mr. Driessen answered that Medtronic is planning for continued success and are very well positioned with the current campus in Fridley. The current location in Fridley and proposed Mounds View location will allow growth of the campus and all major business needs. The time frame is unknown at this time but should not exceed five years. Councilmember Billings questioned if there is any conflict between the MoundsView campus and the Fridley campus and if they are separate entities. Mr. Dreissen replied that the Fridley location will not be large enough for the expansion of Medtronic. Medtronic's plan is to split the businesses and fill both locations. If the Mounds View location were not approved, Medtronic would not have the space needed in Fridley. Medtronic analyzed space needs prior to looking at the MoundsView location. If Medtronic only used the Fridley location it would have forced Medtronic to build 10 to 12 story buildings to accommodate the needed office space, which would create too much density. MOTION by Councilmember Billings to approve the Master Plan Amendment, MP #06-01, by Medtronic Inc., with the following seven (7) stipulations: 1. Petitioner shall obtain all necessary permits prior to installation of proposed sign. 2. Petitioner to provide a to-scale site plan depicting the size, location and setback of the proposed sign prior to issuance of a sign permit. 3. The petitioner shall provide detailed scaled plans of the sign, sign structure, sign footings, sign utility plan, structural engineering, and sign lighting, prior to plan review for sign permit. 4. Petitioner shall meet all code requirements for billboard signs, recognizing the exception of 214.12.7.G. 5. Petitioner shall provide a description and illustration of proposed materials to be used for the base of the billboard sign, to be approved by staff prior to issuance of a sign permit for the proposed sign. 6. The petitioner shall obtain a special use permit for the proposed billboard sign if any portion of the sign is an electronic reader board sign. 7. The petitioner shall enter into an agreement with the City stating to the fact that the billboard sign is temporary and will be removed upon the start of construction of Phase 2 and Phase 3. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 2006 PAGE 10 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY ON A 4-0 VOTE. A resident came forward to question the reason behind this billboard and expressed concern that churches, schools and other companies will want to put up billboards advertising their services. Mayor Lund replied that this issue has been addressed. Medtronic is located in an S-2 redevelopment location that allows this type of sign. Billboards will be more restricted in areas outside of Medtronic. With the stipulations attached to the amendment, it is clear that the sign will be taken down when Phase 2 and Phase 3 construction begins. The resident stated that there are currently three other billboards in the general area and she is concerned with the visual pollution this will create along Highway 65, I-694 and University Avenue. 2. Second Reading of an Ordinance Amending Chapter 131, Fire Department Service charges, as it Pertains to Invoicing Motor Vehicle Owners MOTION by Councilmember Wolfe to table this item until the ne�t meeting. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 13. Informal Status Reports: Mayor Lund reminded the public to support the fundraiser the SACA Empty Bowls starting at 4:30 p.m. in the Fridley Community Center on March 2, 2006. Councilmember Wolfe congratulated local gymnastic team state champions: Roseville, lst place; St. Cloud Tech, 2"d place; and Maple Grove, 3rd place. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:40 P.M. Respectfully submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor