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01/08/2001 - 00008948THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JANUARY 8, 2001 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, Councilmember Wolfe, Councilmember Bolkcom, and Mayor-Elect Lund MEMBERS ABSENT: None OATH OF OFFICE - MAYOR AND COUNCILMEMBER-AT-LARGE: Ms. Skogen, City Clerk, administered the Oath of Office to Scott Lund for position of Mayor. Ms. Skogen, City Clerk, administered the Oath of Office to Robert Barnette for the position of Councilmember-at-Large. Mayor Lund took his place on the bench to continue the meeting. Mayor Lund stated that he realized he had some pretty big shoes to fill with the likes of Nancy Jorgenson and Bill Nee before her. He said he hoped to be a good listener and make the right decisions. The decisions may not always be well received, but he asked that people try to keep in mind that they are for the good of the community. He said he was very honored to serve the community in this capacity. Councilmember Barnette stated that he was proud to be a member of the City Council. He said he has been a resident of Fridley since 1956, and did not think he would like to live anyplace else. PROCLAMATIONS: Nancy J. Jor�enson A�preciation Day - January 9, 2001 Mayor Lund stated that Nancy J. Jorgenson leaves public office with a reputation for leadership, honesty, integrity, and commitment to the residents and businesses of Fridley. Ms. Jorgenson, former Mayor, stated that fourteen years of service was a long time. She said she enjoyed it and also liked working with all of the Councilmembers. She said the City of Fridley was fortunate to have the Council and she looked forward to working with the Council on various issues. At the end of the month, Ms. Jorgenson said she hopes to be able to work on the Charter Commission. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 8, 2001 PAGE 2 Ms. Jorgenson thanked Council and City Staff. A.C.C.E.P.T. Day - January 15, 2001 Mayor Lund stated that A.C.C.E.P.T. Day was formed in 1997 to educate and to promote the appreciation of diversity among children, youth and families. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES: City Council Meeting of December 11, 2000 APPROVED. City Council Meeting of December 18, 2000 APPROVED. OLD BUSINESS: 1. SECOND READING OF AN ORDINANCE AMENDING SECTIONS 205.04 AND 205.07 OF THE FRIDLEY CITY CODE PERTAINING TO FRONT YARD SETBACKS (ZONING TEXT AMENDMENT, ZTA #00-03, BY THE CITY OF FRIDLEY): Mr. Burns, City Manager, stated that the legislation allows the reduction of front yard setbacks from 35 feet to 25 feet. Council approved the first reading of this ordinance on December 18. Staff recommended Council's approval. WAIVED THE READING AND ADOPED ORDINANCE NO. 1147 ON THE SECOND READING AND ORDERED PUBLICATION. 2. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 20, 2000: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 20, 2000. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 8, 2001 PAGE 3 3. CONSIDERATION OF SPECIAL USE PERMIT, SP #00-13, BY STEVE FISCHER AND GEN ZELAZNY, TO ALLOW THE CONTINUED EXISTENCE OF A SECOND ACCESSORY STRUCTURE OVER 240 SQUARE FEET IN SIZE (GENERALLY LOCATED AT 6085 OLD CENTRAL AVENUE N.E.) (WARD 2): Mr. Burns, City Manager, stated that the owners, Steve Fischer and Gen Zelazny have recently constructed a new home with an attached garage. This motion allows an existing garage to stand at 6085 Old Central Avenue. Staff recommended Council's approval with the following five stipulations. APPROVED SPECIAL USE PERMIT, SP #00-13 WITH THE FOLLOWING FIVE STIPULATIONS: 1) AT STAFF'S DISCRETION, INSPECTIONS MAY BE CONDUCTED OF THE AREA BETWEEN THE TWO GARAGES AND, IF FOUND TO BE REGULARLY USED AS A DRIVEWAY, A HARD SURFACE DRIVE SHALL BE CONSTRUCTED; 2) THE STRUCTURE SHALL NOT BE USED FOR A HOME OCCUPATION; 3) ALL VEHICLES SHALL BE STORED ON A HARD SURFACE AS APPROVED BY THE CITY; 4) TOTAL SQUARE FOOTAGE OF ALL ACCESSORY STRUCTURES MUST NOT EXCEED 1,400 SQUARE FEET; AND 5) THE SIDING AND ROOF MATERIALS SHALL CONTINUE TO MATCH THE EXTERIOR OF THE EXISTING HOME. 4. APPROVE 2001 DEVELOPMENT REVIEW SCHEDULE FOR THE PLANNING COMMISSION AND APPEALS COMMISSION: Mr. Burns, City Manager, stated that this action establishes the deadlines for various phases of the land use approval processes that the Planning Commission and the Appeals Commission oversee. These actions and dates allow the City to stay within the State's si�ty-day action requirement on these matters. Staff recommended Council's approval. APPROVED 2001 DEVELOPMENT REVIEW SCHEDULE. 5. RESOLUTION NO. 1-2001 AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS FOR THE KURT ADDITION: Mr. Burns, City Manager, stated that the action provides for the reassignment of special assessments to conform to the subdivision of property. The assessments are for Anoka County's Main Street improvement project. Staffrecommended Council's approval. ADOPTED RESOLUTION NO. 1?-2001. 6. RESOLUTION NO. 2-2001 ADOPTING AN ASSESSMENT FOR 7105 EAST RIVER ROAD (WARD 3): Mr. Burns, City Manager, stated that the assessment is for a street improvement project that was certified for assessment in 1996. When the certification occurred, 7105 East River Road was inadvertently left out. The owners have signed an agreement waiving their rights to any objection. Staffrecommended Council's approval. ADOPTED RESOLUTION NO. 2-2001. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 8, 2001 PAGE 4 7. RESOLUTION NO. 3-2001 DESIGNATING AN OFFICIAL NEWSPAPER FOR THE YEAR 2001: Mr. Burns, City Manager, stated that the resolution designates Focus News as the official legal newspaper for the City of Fridley for 2001. Staff also recommended that Star Tribune be the City's second official newspaper for 2001. Staff recommended Council's approval. ADOPTED RESOLUTION NO. NO. 3-2001. 8. RESOLUTION NO. 4-2001 DESIGNATING OFFICIAL DEPOSITORIES FOR THE CITY OF FRIDLEY: Mr. Burns, City Manager, stated that the resolution appoints Wells Fargo Bank as the City's official depository for 2001. Staffrecommended Council's approval. ADOPTED RESOLUTION NO. 4-2001. 9. RESOLUTION NO. 5-2001 AUTHORIZING A CHANGE IN MILEAGE REIMBURSEMENT RATES FOR THE 2001 CALENDAR YEAR: Mr. Burns, City Manager, stated that the Internal Revenue Service has increased the allowable mileage reimbursement rate from $0.325 to $0.345. Since the City has traditionally adjusted its mileage reimbursement rate to the IRS rate, staff recommended Council's approval. ADOPTED RESOLUTION NO. 5-2001. 10. RESOLUTION NO. 6-2001 DESIGNATING OFFICIAL CHECK SIGNERS FOR THE CITY OF FRIDLEY'S FLEXIBLE SPENDING ACCOUNT: Mr. Burns, City Manager, stated that the resolution provides that Donna Wetterlin and Shannon Nealy from Flex Compensation, Inc. shall be permitted to sign fle�ble benefit checks for the City of Fridley. Flex Compensation, Inc. is the administrator for the City's employee flexible benefit program. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 6-2001. 11. RESOLUTION NO. 7-2001 DESIGNATING A DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY: Mr. Burns, City Manager, stated that staff recommended that the Public Works Director and the Assistant Public Works Director be appointed as the City's representatives to the Suburban Rate Authority. The SRA monitors the proposed rate increases of the utility companies and files the appropriate actions with the State Public Utilities Commission on behalf of the suburban communities. ADOPTED RESOLUTION NO. 7-2001. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 8, 2001 PAGE 5 12. RESOLUTION NO. 8-2001 IMPOSING LOAD LIMITS ON PUBLIC STREETS IN THE CITY OF FRIDLEY, MINNESOTA: Mr. Burns, City Manager, stated that this resolution restricts certain sized vehicles from certain City streets March 13, 2001 through May 15, 2001. The restriction generally applies to trucks that carry more weight than four tons per a�e. It allows, however, that trucks carrying up to nine tons per a�e are allowed to travel on certain streets. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 8-2001. 13. APPOINTMENTS: Mr. Burns, City Manager, stated that the first appointment is to the position of Interpretive Specialist at Springbrook Nature Center. Staff recommended the appointment of Tara Rogness to this position. Tara is a former seasonal employee at the nature center and most recently an employee at the Wood Lake Nature Center in Richfield. Mr. Burns stated that that the second appointment is to the position of Assistant Public Works Director. Staff recommended the appointment of Layne Otteson. Layne is currently serving with the City of Shakopee as an Engineering Technician III. In addition to his work for the City of Shakopee, Layne has worked for Roger A. Anderson Engineering, Inc., and for WSB and Associate, Inc. as a Project Engineer. Layne has a degree in Civil Engineering from the University of Minnesota. Councilmember Wolfe stated he would like this removed for discussion. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA AFTER ITEM NO. 17. 14. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 97179 THROUGH 97469. 15. LICENSES: APPROVED ALL LICENSES AS SUBMITTED AND AS ON FILE WITH THE LICENSE CLERK. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda with the addition of Item No. 13 to the regular agenda. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 8, 2001 PAGE 6 OPEN FORUM,VISITORS: No person from the audience spoke. OLD BUSINESS: 16. APPOINTMENT TO THE FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY (TABLED DECEMBER 18, 2000): MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Lund stated that Mr. Jay Bajwa has asked to be appointed to the Housing and Redevelopment Authority to fill the vacancy of Mr. 7im McFarland. Mr. Bajwa met with staff and has been recommended for this appointment. MOTION by Mayor Lund to appoint Mr. Bajwa to the HRA opening. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 17. 2001 CITY COUNCIL AND STAFF APPOINTMENTS: MOTION by Councilmember Bolkcom to appoint Robert Barnette to Mayor Pro Tem. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Billings to appoint Councilmember Barnette to the Anoka County Law Enforcement Council. The alternate is Councilmember Wolfe. Seconded by Council- member Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Barnette to appoint Mayor Lund as delegate and Councilmember Bolkcom as alternate to the Association of Metropolitan Municipalities. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 8, 2001 PAGE 7 MOTION by Councilmember Barnette to appoint Councilmember Billings as delegate and Mayor Lund as alternate to the League of Minnesota Cities. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mayor Lund to appoint Councilmember Barnette as Delegate and Councilmember Bolkcom as alternate to School District Nos. 13 and 14. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Barnette to appoint Councilmember Billings as delegate and Councilmember Wolfe as alternate to School District No. 16. Seconded by Councilmember Bolkcom. Councilmember Billings asked if this organization actually e�sts. He indicated that he has been appointed to this for the last thirteen years and has never been to a meeting. Mr. Burns said he thought the school districts need him appointed as a liaison for their groups. Councilmember Billings stated that each of the school districts used to have a Community Education Advisory Board. Mr. Burns stated that he would clarify that. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Lund stated that a motion is needed to appoint Councilmember Billings and 7on Haukaas to the Northstar Corridor Development Authority. Councilmember Billings stated that there is a Technical Advisory Committee. The current Community Development Director Barb Dacy sits on that board. He said that Council will need to make changes to that appointment in the near future. An additional Councilmember could be involved with this to serve as the alternate rather than our Public Works Director. MOTION by Councilmember Bolkcom to appoint Councilmember Billings as representative with Councilmember Barnette as alternate to the Northstar Corridor Development Authority Committee. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to appoint Mr. Burns to the North Metro Convention and Visitors Bureau. Seconded by Councilmember Barnette. Mayor Lund asked Mr. Burns if he would accept the nomination. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 8, 2001 PAGE 8 Mr. Burns stated that he would accept. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. APPOINTMENTS - CITY EMPLOYEES: Councilmember Wolfe stated that he had some questions about this item. He said he was not anti-nature center. He said he believed that the numbers were being fed to Council are doctored. He asked how bad the City needed the Interpretive Specialist position. He said the money was already budgeted. He went to the nature center three times in the last week and a half and found a total of nine cars in the parking lot. He said Council was told that there are 220,000 visitors and that every student in the school district goes there four times per year. He said that everybody would like to cut spending here and there. He said he was frustrated because he never gets a clear answer. Councilmember Wolfe said that Mr. Pribyl, Finance Director, stated that the budget is $280,000 for the money being spent at the nature center with another $50,000 budgeted for a new building. He said that did not include the money that goes into plowing and maintenance. He said he was guessing the City is spending close to $400,000 to $500,000. He said people ask him where the people are that go to the nature center and if the City really needs another staff member there. He said people are surprised at how much money is spent there. Mr. Burns, City Manager, stated that in 1995, they did cut a staff member to save expense. Mr. St. Clair is the Naturalist, and there is one Interpretive Speicalist, and a full-time secretary employed there. If there is less staff than that, it is difficult to carry on the education program. The numbers Councilmember Wolfe stated are correct. There is also a part-time employee for maintenance and a part-time employee for seasonal programs. This is a matter of where priorities are regarding the education, environmental and nature programs. The capital is heavy this year because of the new building expense. There has been a lot of vandalism causing damage. Staff is trying to store more equipment inside. Councilmember Wolfe stated that according to the City Charter the City is not allowed to cut down a tree that is more than four inches in circumference. He asked why the City was going to put in a new building with all the trees in the way. He said he thought the City was doing things for convenience against what the Charter says. Mr. Burns stated that he is not sure if they will have to cut down trees. Councilmember Bolkcom stated that approving the hiring of an employee is in question tonight. Councilmember Wolfe stated that he is talking about the amount of money being spent and the amount of people that Council is told visit there. He asked if another staff person was really needed. He said he knew the educational programs are part is very important. Mr. Burns stated that eleven percent (11%) of the population participated in the programs. Another thirty-one percent (31%) of the population visited the nature center. Only twenty-nine percent (29%) of the families in Fridley have children. Councilmember Bolkcom stated that she took offense. She said that Council could say that a lot of money is also being spent at every one of the parks. She said the nature center is something to FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 8, 2001 PAGE 9 be very proud of. She said it was one of the top things listed in nature magazine for places to visit in the Twin Cities. She said the nature center is a great topic for a conference meeting, but she does not think everyone is trying to tell stories here. She said Council could request a printout every month about the different things that happen at the nature center. She said staff was not making up numbers. The numbers are people who sign up to participate in the programs. She said that Council gets so hung up on the money thing when a lot of money is also spent maintaining all of the parks. Councilmember Wolfe stated that he checked on two things doing the exact same survey method, and he came up with a 209,000 difference in the number of people that visit the nature center. He went there on a beautiful fall day and sat there all day. He said he was not saying that may not have been accurate. Mr. Kirk, Recreation and Natural Resources Director, stated that they did have two Interpretive Specialists back in 1985. Significant cuts with hours of operation were made and the budgeting for one person was removed. If there is another reduction in staff, he did not see a way the nature center could be open the number of days and hours it currently is. Staff has worked with School District No. 14. In talking with the principals and teachers, the City is seeing all the kids from ist grade through 8th grade. Staff is under contract with the district and receives tremendous feedback that this is a very positive program. This Interpretive Specialist position is very critical in terms of the environmental education program with the schools. If the City does not have this person, Mr. Kirk said he did not see how they can honor the contract. Maybe the City needs to do a survey of some sort this year to get an accurate number of visitors there. The methods the nature center staff uses to do the surveys seem like reasonable methodology. They interviewed people who came in the building and determined that based on how many people came in the building, they knew that a certain amount of people were in the park that never came in the building. He does not believe that anyone was trying to make up numbers and mislead people. Councilmember Wolfe asked if they could possibly set days when the nature center would be open during the high demand times. Mr. Kirk stated that the Interpretive Specialist is necessary to schedule the environmental education and to cover all of the public programs on Saturdays. Councilmember Wolfe asked why it was only on Saturdays. Mr. Kirk stated that person is also working four days per week with the environmental education curriculum for the schools. He said it was hard for him to understand how some kids do not participate in the environmental program because that is part of their regular curriculum. They must be skipping class if they do not go on the days that their class goes to Springbrook The bus brings a whole group of kids. Mayor Lund stated that they were not going to try to rework the nature center that evening. It comes down to the appointment. Maybe without a third person, the programs would not be as enhanced to bring more people there. You cannot really argue the point that they are overstaffed with only three people there now. This issue is about another employee. Councilmember Barnette stated that this is already in the budget. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 8, 2001 PAGE 10 Mayor Lund stated that this will probably continue to come up and this may be a good topic for a conference meeting. Councilmember Wolfe stated that he thought Mr. Kirk does a great job at the nature center. Mayor Lund stated that he sympathizes with his points and thanked Mr. Kirk for his input. Mr. Kirk stated that he does not believe they will need to cut down any trees in the area for the new maintenance building. MOTION by Councilmember Bolkcom to approve the appointment of Tara Rogness to Interpretive Specialist. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Burns stated that an additional license needed to be added to the licenses approved earlier. MOTION by Councilmember Wolfe to add the additional license as Item No. 17.5. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 17.5. FRIDLEY ALANO SOCIETY, 5925 UNIVERSITY AVENUE, TEMPORARY CHARITABLE GAMBLING PERMIT: Mr. Pribyl, Finance Director, stated that this was for a temporary charitable gambling permit. The Police Department performed its normal investigation, and there is no reason for denial. The Alano Society has made this request for a number of years, and there have been no problems. Staff recommended Council's approval. MOTION by Councilmember Bolkcom to approve the additional license. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Billings asked if there was a time duration on the temporary license. Mr. Pribyl stated that there are four temporary applications at four different times during the year. 17. INFORMAL STATUS REPORTS: Mr. Burns stated that he would like to discuss Highway 65 funding after the meeting. Councilmember Bolkcom stated that tonight is Ms. Dacy's last night as Community Development Director. Councilmember Bolkcom stated that Ms. Dacy has done a wonderful job and she will miss her. Ms. Dacy has always brought a very professional manner to all the things FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 8, 2001 PAGE 11 she has done, has been creative, and not defensive on anything that has been brought up. Councilmember Bolkcom wished Ms. Dacy the best of luck and said she will be a hard act to follow. Councilmember Wolfe stated that Ms. Dacy has been one of the most professional people he has dealt with since being on the Council. He said it was fun agreeing and disagreeing with her. Councilmember Barnette stated that Ms. Dacy will do very well wherever she goes. Councilmember Bolkcom stated there is an open invitation to "Getting Close to the Dream" a presentation for Martin Luther King, Jr. at the Community Center on Martin Luther King, Jr. Day from 3:30 p.m. to 5:00 p.m. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE JANUARY 8, 2000, CITY COUNCIL MEETING ADJOURNED AT 8:32 P.M. Respectfully submitted, Signe L. Johnson Scott J. Lund Recording Secretary Mayor