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12/04/1989 - 00007119' 1 , THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 4, 1989 The Regular Meeting of the Fridley City Council was called to order at 7:37 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT: Mayor Nee, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick and Councilman Billings None PRESENTATION OF PROCLAMATION: CITIES FIGHT BACK AGAINST DRUGS WEEK - DECEMBER 3- 9, 1989: Mr. Hunt, Assistant to the City Manager, read the proclamation proclaiming the week of December 3- 9, 1989 as Cities Fight Back Against Drugs. In the proclamation the City supports fighting back against drugs by working with the school districts and instituting Drug Awareness Resistance Education, as well as Project Charlie and operation Aware. Further, the QUEST program sponsored by the Fridley Lions Club, teaches 6th graders that they can choose not to use drugs and the Parents Communication Network has been organized by Fridley parents to prevent drug and alcohol use by their children and to serve as a network to help parents with the problem. Mayor Nee issued this proalamation and encouraged Fridley citizens to support these drug awareness initiatives. APPROVAL OF MINUTES: COUNCIL MEETING. NOVEMBER 20, 1989: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Billings to adopt the aqenda as submitted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 120 ' � 1 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 4. 1989 PAGE 2 OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARINGS: 1. PUBLIC HEARING ON A RESOLUTION DECLARING THE NECESSITY TO LEVY A TAX WHICH APPEARS TO BE IN EXCESS OF 16 MILLS AND THE NEED FOR A SPECIAL LEVY: MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:42 p.m. Mr. Pribyl, Finance Director, stated there was a ma�or shift in local governmental aids by the State Legislature which affected the City's budget. He stated the purpose of this public hearing is to satisfy the requirements of Chapter 7 of the City Charter, if the City levies taxes in excess of 16 mills. Mr. Pribyl stated this resolution declaring the necessity to levy a tax which appears to be in excess of 16 mills and the need for a special levy itt no way affects the public hearing that was held on the 1990 budget. Mr. Pribyl stated the City is also utilizing a special levy allowed by the State for the unfunded portion of the police pension liability. Mr. Pribyl stated the method of computing taxes has changed from mill levy to tax capacity. He stated he attempted to try and compare mill rate and tax capacity rate and relate it to the total market value and it appears the City is a little above 16 mills. Mayor Nee stated the City Attorney was asked if this public hearing was necessary to meet the requirements of the City Charter. Mr. Herrick, City Attorney, stated in response to the Council's question regarding the necessity of the public hearing, he researched this matter quite extensively. He stated he reviewed the State statute, as well as opinions of the Attorney General, and related court cases. He stated City ordinances and the new State Revenue Code adopted in the recent special session of the Legislature were also reviewed. Mr. Herrick stated he had an extensive discussion with Mr. Pribyl which led him to the oonclusion that the State statute overrides the provisions of the City's Charter. He stated this conclusion is based on some opinions of the Attorney General and Minnesota Supreme Court cases that have interpreted this same question as it related to earlier State tax legislation. Mr. Herrick stated although there are no Attorney General's opinions or court cases that interpret the 121 i2? FRIDLEY CITY COUNCIL MEETING OF DECEMHER 4, 1989 PAGE 3 ' Revenue Act adopted last September, he felt that past cases were similar and would apply in this situation. Mr. Herrick stated he recommended the public hearing be held as someone may have an opinion which would be different and, with that in mind, he and Mr. Pribyl drafted the public hearing notice in an attempt to comply with the Charter requirement. Councilman Billings stated the City Charter at one time provided for a 40 mill levy limit. However, the Charter was changed to conform with State legislation and the limit was changed to 16 mills. He stated one of the reasons for this public hearing is that the City Charter has not been changed to comply with the new State legislation. He asked if the Charter Commission was considering these changes. Mr. Pribyl stated he understands the Charter Commission is reviewing these changes in order to bring the City Charter into compliance. Councilman Billings stated it is hoped that the change could be such that every time the State makes a change, the City does not have to consider a similar change in the Charter in order to be in compliance with State statutes. ' No persons in the audience spoke regarding this tax levy. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:51 p.m. 2. PUBLIC HEARING ON THE ISSUANCE OF AN ON-SALE BEER LICENSE TO YUNG TAE HO RESTAURANT AT 6440 UNIVERSITY AVENUE N.E.: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:51 p.m. Mr. Pribyl stated this is an application for an on-sale beer license for Yung Tae Ho Restaurant at 6440 University Avenue N.E. He stated the owners were notified and are present to answer any questions by the Council. No persons in the audience spoke regarding the issuance of this on-sale beer license. ' MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting FRIDLEY CITY COUNCIL MEETING OF DECEMHER 4, 1989 PAGE 4 ' aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:53 p.m. OLD BUSINESS• ORDINANCE NO. 938 APPROVING A REZONING ZOA #89-05, TO REZONE OUTLOT 1. NAGEL'S WOODLANDS. FROM C-2. GENERAL BUSINESS, TO M-1, LIGHT INDUSTRIAL. THE SAME BEING 990 OSBORNE ROAD N.E., BY RMS COMPANY• MoTION by Councilman Schneider to waive the reading and adopt Ordinance No. 938 on the second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: 4. RESOLUTION NO. 94-1989 DECLARING THE NECESSITY TO LEVY A TAX WHICH APPEARS TO BE IN EXCESS OF 16 MILLS AND THE NEED FOR A SPECIAL LEVY: MOTION by Councilman Schneider to adopt Resolution No. 94-1989. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 5. JOINT POWERS AGREEMENT FOR THE PURCHASE OF OPTICAL SCAN VOTE TABULATION EOUIPMENT: Ms. Haapala, City Clerk, stated there was a meeting held in Blaine on November 15, 1989 to discuss the purchase of optical scan voting equipment. She stated, at this meeting, it was agreed a joint powers agreement should be drafted and bids solicited for this equipment. She stated it was hoped the price would decrease. However, the opposite is true and prices have actually increased. She stated there are only two vendors for this equipment. Ms. Haapala stated the cities of Blaine and Coon Rapids are proceeding to purchase the equipment for 1992. She stated she does not know, at this time, if the other communities will or will not be purchasing the equipment. Councilman Schneider asked if the cost estimates for the equipment were the same for both vendors. Ms. Haapala stated that the cost estimates varied between $15 to $20 per unit. Councilwoman Jorgenson asked if Anoka County would be installing the optical scan voting equipment in 1991. � 123 124 FRIDLEY CITY COUNCIL MEETiNG OF DECEMBER 4, 1989 PAGE 5 ' Ms. Haapala stated the equipment would be purchased in 1991 for use in 1992. She stated the County would like to see this equipment in use even sooner in order to canvass the vote. Councilwoman Jorgenson asked if the City proceeds with the purchase of the equipment, if the County can read these materials. Ms. Aaapala stated the County will more or less conduct a hand count of the totals coming in from the cities. She stated that the process will remain the same. Ms. Haapala stated the attorneys of Coon Rapids and Blaine drafted this joint powers agreement and Fridley advertised for bids. She stated bids will be received on December 13 and opened on December 14. Councilman Billings asked how many units would be needed for Fridley. Ms. Haapala stated the City should purchase at least 14 units as there are 13 precincts, and one should be available for a back-up. Councilman Billings asked if school district and City elections were combined, if two scanners would be needed. � Ms. Haapala stated from what she has been told, only one scanner would be needed at each precinct to handle both the votes for the school district and City. She stated the key is the correct ballot. Councilman Schneider asked if the cost estimates include maintenance. Ms. Haapala stated they did not include maintenance or service. She felt there would probably be a central service area where the units could be brought for servicing. Councilman Schneider asked if funds were budgeted for this scanning equipment. Mr. Burns, City Manager, stated it is included in the 1990 budget. He stated there are no costs budgeted for maintenance, but believed the equipment would be under warranty for the first year. Councilwoman Jorgenson asked the number of vendors who printed ballots for the current equipment. Ms. Haapala stated there is only one vendor who prints the ballots. Ms. Haapala requested the Council to consider entering into this � joint powers agreement, but not to authorize the City to purchase the equipment. i�s FRIDLEY CITY COIINCIL MEETING OF DECEMBER 4, 1989 PAGE 6 ' Mr. Pribyl, Finance Director, stated there are some existing funds for maintenance costs of the present equipment which could be used for the new system. MOTION by Councilman Schneider to authorize the Mayor and City Manager to enter into this joint powers agreement for the optical scan vote tabulation equipment. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. CHANGE ORDER NO. 2 FOR STREET IMPROVEMENT PROJECT NO. ST 1989 - 1 & 2• Mr. Flora, Public Works Director/City Engineer, stated this change order is to provide for the installation of a sanitary sewer line for property at 7570 Highway 65. He stated it is proposed the property owner be assessed at the rate of $12.15 per lineal foot £or a total o£ $8,444.25 and the remaining construction costs would be borne by the sanitary sewer fund. He requested the Council consider this change order for $18,227.50. Councilwoman Jorgenson stated this property is the one that has a leaking holding tank and has to be cleaned once a month. � Councilman Billings stated an assessment in excess of $8,000 is proposed to the property owner and he asked if the owner has requested the sanitary sewer and agreed to the assessment. Mr. Flora stated this matter came to light when a contract for deed purchaser requested a special use permit. He stated in this process, the City became aware that the septic tank has failed and has advised the property owner and mortgage company of this improvement and identified the cost. He stated the City has not received any comments from this correspondence. Mr. Herrick, City Attorney, suggested that before the City proceed, the fee owner and contract for deed purchaser should sign the form which authorizes the project and agreement to the assessment without a public hearing. He stated if these persons will not sign the agreement, he felt a public hearing should be scheduled. Councilman Billings stated the contract for deed purchaser was reluctant to spend any £unds £or improving the property. He felt staff should check to determine if these persons agree to the improvement and the costs, and if they do not, to schedule the public hearing as soon as possible. Mr. Flora stated he was led to believe by the contract purchaser that he is interested in proceeding with this pro�ect. � Councilman Billings stated it seems no one is sure who is the fee owner of this property. ��b FRIDLEY CITY COUNCIL MEETING OF DECEMBER 4, 1989 PAGE 7 ' Mr. Herrick stated County tax records oould be used for the purpose of notifying the owner. He stated he thought there is an intermediate purchaser of the property and there were several persons who may have an interest. He stated if a public hearing is necessary, notices will be sent to all these individuals. MOTION by Councilman Schneider to table this item. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to direot staff to schedule a public hearing for this improvement. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. AWARDING A CITY-WIDE COLLECTION OF RESIDENTIAL RECYCLABLES CONTRACT BID• Ms. Dacy, Planning Coordinator, stated the bids for City-wide collection of residential recyclables was opened on November 17 and five bids were received. She stated Super Cycle, Inc. was the low bidder at $84 a ton or $4,788/month or $57,456 annually. She stated this was based on the average monthly tonnage of 57 tons. MOTION by Councilman Fitzpatrick to award the bid for the � collection o£ residential recyalables to the low bidder, Super Cycle, Inc. Seconded by Councilwoman Jorgenson. Ms. Dacy stated if there is a situation where the market for certain recyclables would disappear, both the contractor and City would be able to determine if they should continue picking up this material. She stated the City would have the right to force the contractor to pick it up, but would have to share in the cost of disposing the recyclables. Councilman Schneider was concerned if this clause was included in the bids received from other vendors. He stated the point is if the low bidder is really the lowest or if there are some hidden costs due to this clause. Councilwoman Jorgenson stated she understands this inclusion clause gives the contractor the right to terminate the contract if it was not worth his while to come and pick up certain recyclables. Ms. Dacy stated this is true, but it works both ways as the City also can exercise this right. Mayor Nee asked if the next lowest bidder, Ramsey Recycling, Inc., also included this clause in their bid. 1 Ms. Dacy stated it was not indicated in the bid if Ramsey Recycling, Inc, did or did not include this clause. She stated the bid was £or the cost of picking up the recyclables. ' ' 1 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 4, 1989 PAGE 8 Mayor Nee stated he assumes then that Ramsey Recycling, Inc. is not proposing an extra charge. Ms. Dacy stated she did not believe Super Cycle, Inc. is proposing an extra charge. She stated no matter who is awarded the contract, she felt this issue would come up with any bidder. Mr. Herrick, City Attorney, asked if the bidders were given specifications or a proposed contract and if tha� clause was included. Ms. Dacy stated they were given specifications and did not believe the clause was included. Councilman Schneider stated he did not believe that Super Cycle, Inc. met the specifications because it includes this clause. Councilman Billings stated even if the other bidders do not have the clause, it will not be known until the end of the contract who submitted the best price. He stated you cannot place a monetary value on a hypothetical situation because the clause may never be used. Councilman Schneider stated the specifications probably should have been written to include or not include this clause. Ms. Dacy stated she did not know if the recycling companies can put a price on the marketing issue. She stated it may be best to table this item and convey to the recycling company the Council's reluctance regarding the marketinq clause. She stated the bidders could be contacted and information requested regarding this clause. MOTION by Councilman Billings to table this item and direct staff to obtain additional information. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Herrick stated he would like to review the material sent to the bidders. He stated if the City did not have any reference to the materials market disposition clause, he felt the bid should be rejected as not being in conformance with the specifications or the matter clarified. Mr. Joseph Rusch, 561 63rd Avenue, stated he read in the Minneapolis paper that Anoka County was not able to use tin cans that were collected and they are disposed of in the landfill. Councilwoman Jorgenson stated tin cans are accepted at the S.o.R.T. center and by the recycling company. She stated she did not think they would accept them if they were not recyclable. ��� 1 � � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 4, 1969 PAGE 9 8. PROPOSED CONTRACT AMENDMENT TO SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM CONTRACT FOR ADMINISTRATIVE SERVICES: Ms. Dacy, Planning Coordinator, stated this proposed contract amendment is to amend the Section 8 Housing Assistance Payments Program Contract for Administrative Services to permit payment of "Hard-to-House" fees directly to the City, She stated, previously, these fees were paid to the Metro HRA. Ms. Dacy stated staff recommends approval of this amendment. MOTION by Councilman Fitzpatrick to approve the contract amendment to the Section 8 Housing Assistance Payments Program Contract for Administrative Services. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 9. RESOLUTION NO. 95-1989 AUTHORIZING AN INCREASE IN COMPENSATION FOR FRIDLEY CITY EMPLOYEES: Mr. Hunt, Assistant to the City Manager, stated this resolution authorizes an increase in compensation for 1990. He stated the Council has received a substitute resolution which has a slight change from the one in the agenda book, and that this increase covers all employees except those who are members of a bargaining unit. MOTION by Councilman Schneider to adopt Resolution No. 95-1989. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RESOLUTION NO. 96-1989 ALTTHORIZING COMPENSATION FOR CERTAIN NON-AUTHORIZED EMPLQYEES QF THE CITY OF FRI➢LEY: Mr. Hunt, Assistant to the City Manager, stated this resolution adjusts the compensation and benefits of certain employees who occupy continuing positions which have not been authorized by the Council. He stated these positions involve work weeks ranging from 20 to 40 hours, and adoption of this resolution would place the City's classification and compensation plan in closer conformity with the Minnesota Pay Equity Act. Mr. Hunt stated for those employees working 20 or more hours per week, the compensation rate will be adjusted to the appropriate level in the City's classification and compensation plan. He stated half of the adjustment shall be made on January 1, 1990 and the other half made on January 1, 1991. Mr. Hunt stated employees regularly scheduled to work an average of 24 hours or more per week shall be paid prorated leave benefits, and employees scheduled to work 32 or more hours per week shall be eligible for the flexible benefit plan. He stated it is estimated the additional cost to the City in 1990 will be about $70,000 and funds are included in the emergency reserve for salary adjustments. l�� 1 � , FRIDLEY CITY COUNCIL MEETING OF DECEMSER 4, 1989 PAGE 10 MOTION by Councilwoman Jorqenson to adopt Resolution No. 96-1989. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. CLAIMS• MOTION by Councilman Billings to authorize payment of Claims No. 29540 through 29726. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. LICENSES: MOTION by Counailman Fitzpatrick to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. ESTIMATES: MOTION by Councilman Schneider to approve the estimates as submitted: Dailey iiomes, Inc. 11000 Central Avenue N.E. Blaine, MN 55434 West Satellite Fire Station 110 77th Way N.E. FINAL ESTIMATE . . . . . . . . Gunderson Brothers 2325 Snelling Avenue Minneapolis, MN 55404 . . . . . . $12,334.37 1989 Miscellaneous Concrete Curb, Gutter & Sidewalk FINAL ESTIMATE . . . . . . . . . . . . . . HNTB 6700 France Avenue South Suite 260 Minneapolis, MN 55435 Water Distribution System Study Project No. 191 FINAL ESTIMATE . . . . . . $ 7,599.21 $ 2,952.58 1�� ' � ' FRIDLEY CITY COUNCIL MEETING OF DECEMBER 4, 1989 PAGE 11 Herrick & Newman 6401 University Avenue N.E. Suite 205 Fridley, MN 55432 For services rendered November 19, 1989 . . . . . . . . . . . . . $ 2,148.00 Gammon Bros., Inc. 13545 Northdale Blvd. Roqers, MN 55374 Street Improvement Project No. ST. 1989- 1& 2 Estimate No. 9 . . . . . . $43,152.71 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of December 4, 1989 adjourned at 8:39 p.m. Respectfully submitted, � ��� ��,��(___ Carole Haddad Secretary to the City Council Approved: �,'�.r' �_��c.a.y,,.,,� � �'�I� — William J. Nee Mayor 1�J