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02/14/2000 - 00008576THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 14, 2000 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor 7orgenson, Councilmember Barnette, Councilmember Billings, and Councilmember Bolkcom. MEMBERS ABSENT: Councilmember Wolfe STATEMENT OF MEETING CONDUCT: Please be reminded that those present at today's meeting may hold a variety of views and opinions regarding the business to be conducted. The exercise of democracy through representative local government requires that ALL points of view be accommodated at these proceedings. It is further expected that a standard of mutual courtesy and respectfulness be exercised by all in attendance, through our individual expression, manner of speaking, and conduct. Therefore, please receive the views of others with the same degree of courtesy and respect which you desire to be given your views and opinions. Any departures from this standard will be addressed by the Presiding Officer through whatever means are deemed appropriate. Thank you for your attendance at today's meeting, and your agreement to abide by these standards of personal conduct. APPROVAL OF MINUTES: Mayor Jorgenson stated that this item should be listed under the proposed consent agenda. City Council Meetin� of February 7, 2000 Councilmember Bolkcom stated that on page 3, the word "Al" of the second stipulation for the approved amendment to the Comprehensive Sign Plan should read as "All." MOTION by Councilmember Barnette, to approve the February 7, 2000 City Council meeting minutes as corrected. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. SECOND READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY ADDING APPROVED SITES TO CHAPTER 205, "ZONING," TELECOMMUNICATIONS TOWERS: Mr. Burns, City Manager, explained that the proposed legislation would add the Minneapolis Water Works site and the Minneapolis Water Works Pump Station No. 3 as approved locations for telecommunications towers. The first reading of the ordinance was approved by Council at its February 7 meeting. Staff recommended Council's approval of the second and final reading. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1136 ON THE SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. RECEIVE BIDS AND AWARD CONTRACT FOR THE REPAIR OF WELL NOS. 3 AND 4: Mr. Burns, City Manager, stated that the City opened bids for repairs to Well Nos. 3 and 4 on February 7. There were three bidders for each project. The bids were as follows for Well No. 3: Keys Well Drilling, $28,216.00; Bergerson-Caswell, $33,266.00; Mark Traut Wells, $39,962.00; and for Well No. 4: Keys Well Drillling, $26,704.00; Bergerson- Caswell $28,601.00; Mark Traut Wells $35,980.00. Staff recommended that Council award both bids to the low bidder, Keys Well Drilling of St. Paul, Minnesota in the amount of $28,216 for Well No. 3 and $26,704 for Well No. 4. Funding for these well repairs is included in the 2000 capital improvements plan. Staff recommended Council's approval. RECEIVED BIDS AND AWARDED THE CONTRACT FOR THE REPAIR OF WELL NOS. 3 AND 4 TO THE LOW BIDDER, KEYS WELL DRILLING. 3. FIRST READING OF AN ORDINANCE REPEALING CHAPTER 31 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER 31, ENTITLED "PAWN SHOPS" AND AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE ENTITLED "GENERAL PROVISIONS AND FEES": Mr. Burns, City Manager, stated that the City proposed to require the pawn shop ordinance in conjunction with our participation in the Minneapolis Automated Pawn System. The most significant of the changes is a change in the fee schedule. Currently, FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2000 PAGE 3 the City has annual licensing fees that range between $10,000 and $15,000 for three classes of pawn shops. The new legislation would establish a$3,000 annual license fee for all pawn shops. It would also establish a$1.50 transaction fee for every transaction recorded in a pawn shop. The Public Safety Director believes that the combination of the license fees and the transaction fees would be sufficient to allow the City to receive the same stream of revenue under the new ordinance as it was receiving under the old ordinance. Other changes were highlighted on pages 5 and 6 of the agenda book. Staff recommended Council's approval. WAIVED THE READING OF AND ADOPTED THE ORDINANCE ON FIRST READING. 4. RESOLUTION NO. 16-2000 SUPPORTING THE REDESIGNATION OF TH65 AS AN EXPANSION ROUTE IN THE STATE TRANSPORTATION PLAN: Mr. Burns, City Manager, stated that a 1998 MnDOT study concluded that additional lanes were needed on Highway 65 to address current congestion problems. While the study is in the process of being approved, Highway 65 continues to be designated as a "management" highway rather than an "expansion" highway in the State's Transportation Plan. This resolution asks that MnDOT amend their e�sting Transportation Plan by identifying the Anoka County portion of Highway 65 as an "expansion" route. Without this change, Fridley and other Anoka County cities would be at a disadvantage in seeking funding for the upgrading of Highway 65. This resolution also suggests that Fridley work with Anoka County cities to jointly seek this change. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 16-2000. 5. RESOLUTION NO. 17-2000 ADOPTING THE MINNESOTA GENERAL RECORDS RETENTION SCHEDULE FOR CITIES: Mr. Burns, City Manager, stated that the City of Fridley has been using the General Records Retention Schedule for Cities that was prepared by the Minnesota Clerks and Finance Officers Association. The schedule, however, has never been adopted by Council. This evening's action would correct that oversight. While the document defies easy review, staff included sample pages from the schedule in Council's agenda books and has made a hard copy of the schedule available for Council's review. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 17-2000. 6. RESOLUTION NO. 18-2000 DESIGNATING A NEW POLLING LOCATION FOR WARD 1, PRECINCT 4: FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2000 PAGE 4 Mr. Burns, City Manager, stated that this action changes the polling location for Ward 1, Precinct 4, from the Fridley High School Auditorium to the Fridley Community Center. Staff believed there would be fewer parking problems and fewer potential scheduling conflicts as a result of this change. If approved, residents of the precinct would be notified as well as the County Auditor and the Secretary of State. Staff recommended Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED AFTER ITEM 14 ON THE REGULAR AGENDA. 7. RESOLUTION NO. 19-2000 AFFIRMING THAT ALL PROPOSED TELECOM- MUNICATIONS LEGISLATION RETAINS LOCAL FRANCHISING AUTHORITY: Mr. Burns, City Manger, stated that State legislation has been proposed that would eliminate or severely limit local authority over cable television operations. Staff proposed this resolution to request that any legislation retain local authority to define and set standards for local telecommunications service through local cable franchises. This authority would include the City's ability to require PEG access and institutional cable channels. If approved, staff would send a copy of the resolution to the State legislative delegation for Fridley. Staff recommended approval of this resolution. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED AFTER ITEM 14 ON THE REGULAR AGENDA. 8. MOTION AUTHORIZING STAFF TO ADVERTISE FOR BIDS FOR 2000 PLAYGROUND UPGRADES, PROJECT NO. 328: Mr. Burns, City Manager, stated that while money is not currently budgeted, staf� proposed that Council authorize the advertisement for bids for playground equipment. This would be the si�th and final year of the City's playground equipment upgrade program. Staff has identified $186,000 in the 2000 capital improvement plan for this purpose. Parks included in this year's program would be Community, Creekridge, Flanery, 7ubilee and Locke. Under the program, equipment vendors are asked to identify equipment for preschoolers and elementary age youth that they would install in each of the five parks for a given amount of money. Staff would then invite residents of the neighborhoods as well as the Parks and Recreation Commission to join them in evaluating the playground equipment proposals. After this review, a recommendation is prepared for Council consideration. Once the equipment is installed, Public Works staff will complete playground safe zone modifications and install a safety surface path to meet specification of the Americans with Disabilities Act. A formal supplemental appropriation will need to be approved by Council to support the funding of these items. Staff recommended Council's approval. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2000 PAGE 5 AUTHORIZED STAFF TO ADVERTISE FOR BIDS FOR 2000 PLAYGROUND UPGRADES, PROJECT NO. 328. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2000 PAGE 6 9. ESTABLISH A PUBLIC HEARING FOR MARCH 6, 2000, TO ADOPT A SPENDING PLAN FOR THE EXCESS POLICE PENSION RESIDUAL ASSETS: Mr. Burns, City Manager, stated that in 1999 the State merged 44 local police and fire pension funds with the State pension fund, PERA. The new law allows the over funded amounts to be returned to the City after a public hearing is held and a resolution designating how the money is to be used is passed. The money must be used for police and/or public safety activities and must be accounted for separately. Staff recommended that this public hearing be established for March 6, 2000. ESTABLISHED A PUBLIC HEAIRNG FOR MARCH 6, 2000, TO ADOPT A SPENDING PLAN FOR THE EXCESS POLICE PENSION RESIDUAL ASSETS. 10. CLAIM: APPROVED PAYMENT OF CLAIM NOS. 91872 - 91997. 11. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. 12. ESTIMATES: APPROVED ESTIMATES AS FOLLOWS: Frederick W. Knaak, Esq. Holstad and Knaak, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of January, 2000. $ 5,000.00 No persons in the audience spoke regarding the consent agenda items. Motion by Councilmember Billings to approve the consent agenda items with the exception of Item Nos. 6 and 7 which are to be removed and placed on the regular agenda. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Barnette, to adopt the agenda as amended with the addition of Item Nos. 6 and 7. Seconded by Councilmember Billings. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2000 PAGE 7 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Mayor Jorgenson invited members of the public to come forward to address any items not on the agenda. No persons in the audience came forward. PUBLIC HEARING: 13. STREET IMPROVEMENT PROJECT NO. ST. 2000 - 1: MOTION by Councilmember Billings to open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:45 P.M. Mr. Jon Haukaas, Assistant Public Works Director, stated that this item is regarding the 2000 street improvement project. Staff proposed to reconstruct 71gt Avenue from University East Service Drive to the 73rd Avenue North Service Drive and the University East Service Drive between 73rd Avenue and Osborne Road, 74t'` Avenue and Symphony Street and Symphony Court. This is part of the annual street reconstruction program that is based on some of the pavement condition rating surveys that they do on a biannual basis. They group the areas for best efficiency and construction and rotate for most projects throughout the City. They did hold a neighborhood meeting on June 30, 1999. Nine people attended representing seven properties. The project was explained to them. They will be reconstructing the streets and adding concrete, curb and gutter. Curb and gutter will improve the drainage in the area, increase the durability of the curb and will improve the image of the whole area. The street reconstruction is being done to handle increased weight vehicles such as school buses, garbage trucks, plows and other vehicles. The majority of the project is funded through the street budget. It is City policy, however, to assess for concrete, curb and gutter. Mayor Jorgenson asked if any members of the Council had any questions for staff. Councilmember Billings asked how much of this area did not have concrete, curb and gutter e�sting. Mr. Haukaas stated that appro�mately 80 percent does not have concrete, curb, and gutter. There is a low percentage of what they consider assessable footing because many along 73ra FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2000 PAGE 8 Avenue are side yards which also include the park The exception is University East Service Drive which does have concrete, curb, and gutter on the east side. That is not assessable footage. Councilmember Billings stated that most of 73rd Avenue will not be assessed because it is side yard, and most of the University Service Drive will not be assessed because curb and gutter e�st. They are looking at 73rd Avenue if properties face 73rd Avenue and a little on 74t'` Avenue and Symphony Streets which do not have concrete, curb, and gutter. Mr. Haukaas stated that was correct. Mayor Jorgenson asked if anyone had any questions. Mr. Bill Shaw, 7400 Lyric Lane, asked what the plan was for the rest of the development. He has a side yard on 74t'` Avenue with the frontage on Lyric Lane. He asked if there was a plan or proposal for the entire neighborhood since the entire neighborhood is asphalt curb and gutter. Mr. Haukaas stated that they will be looking at the rest of the streets which include Lyric Lane, Tempo Terrace, Melody Drive, and Memory Lane in a future year grouped as a single project. Mr. Shaw stated that he was in favor of the proposal, and he would just like to see the rest of the area improved also. He asked if sewer and water repair was also in the proposal. Mr. Haukaas stated that they would be doing spot repairs of sewer and water services and main lines of the problem areas as they go. Councilmember Bolkcom asked Mr. Haukaas if they were going to televise the lines. Mr. Haukaas stated that they do televise the sanitary sewer prior to construction so they can identify problems in the main lines. He said it is easiest to rely on residents to tell them when they have regular problems, so that they can televise the service lines. Mr. Shaw asked Mr. Haukaas if this proposal is not a replacement of the sewer main lines. Mr. Burns stated that they may have trouble doing the main line in one year because of the $500,000 cap. Councilmember Bolkcom asked how they would find problems with the sewer back-ups. Mr. Haukaas stated that regular problems would be constant yearly servicing. Mr. Shaw stated that he has been told that it is a recurring problem with his sewer main line. MOTION by Councilmember Billings to close the public hearing. Seconded by Councilmember Bolkcom. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2000 PAGE 9 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:54 P.M. 14. RESOLUTION NO. 20-2000 ORDERING FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT NO. ST. 2000 - 1: MOTION by Councilmember Bolkcom to approve the resolution. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RESOLUTION NO. 18-2000 DESIGNATING A NEW POLLING LOCATION FOR WARD 1, PRECINCT 4: MOTION by Councilmember Billings to delete the following: Whereas, the City of Fridley completed construction of a Community Center located behind the Fridley High School; Whereas, the year 2000 is a major election year and voters will be calling for polling locations; Whereas, the County must mail out notifications of polling location change prior to the election and notify the Secretary of State of the polling location change. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RESOLUTION NO. 19-2000 AFFIRMING THAT ALL PROPOSED TELECOM- MUNICATIONS LEGISLATION RETAINS LOCAL FRANCHISING AUTHORITY: MOTION by Councilmember Barnette to approve the resolution. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, MAYOR JORGENSON, COUNCILMEMBER BOLKCOM AND COUNCILMEMBER BARNETTE VOTED IN FAVOR OF THE MOTION. COUNCILMEMBER BILLINGS ABSTAINED FROM VOTING ON THE MATTER. MAYOR JORGENSON DECLARED THE MOTION CARRIED BY A THREE TO ONE VOTE. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2000 PAGE 10 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2000 PAGE 11 15. INFORMAL STATUS REPORTS: Mr. Burns stated that the regularly scheduled conference meeting for February 28 has been canceled. Councilmember Billings stated that he wanted to provide a status update on a meeting held today at the Anoka County Government Center. Governor Jesse Ventura, Commissioner of Transportation, Elwyn Tinklenberg, and the Chair of the Metropolitan Council, Ted Mondale, provided their transportation program for the year 2000 legislature. The Governor indicated that the Northstar Corridor development along the Santa FeBurlington Northern Railroad line from Minneapolis to St. Cloud was a priority item for his administration and he felt that was the ne�t segment of rail to be funded by the State of Minnesota. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE FEBRUARY 14, 2000 CITY COUNCIL MEETING ADJOURNED AT 7:54 P.M. Respectfully submitted, Signe L. Johnson Nancy J. Jorgenson Recording Secretary Mayor