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11/18/2002 - 4764AGENDA FOR PUBLIC REFERENCE CITY COUNCIL MEETING NOVEMBER 18, 2002 � � � C1i`f OF FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 18, 2002 The City of Fridley will not discriminate against or harass anyone in the admission or access to, or� treatment, or employment in its services. programs, or activities because of race, color, creed. reli�ion.' national ori�in, sex, disability, aQe, marital status, senial orientation or status with reQard to public, assistance. Upon re�uest, accommodation will be provided to allo��- individuals with disabilities to participate in any of Fridlev's ser�ices. proarams, and activities. Hearing impaired persons ��ho need an interpreter or other persons' with disabilities who require auYiliarv aids should contact Roberta Collir.s at 57?-3500 at least one week in advance. (TTD/572-3�3�) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. Second Reading of an Ordinance Amending Chapter 102 of the Fridley City Code Repealing the Civil Service Commission ...................................................... 1- 2 NEW BUSINESS: 2. Resolution Authorizing Changes in Appropriations for the General Fund for January through October, 2002 ....................................................................................................... 3 - 5 3. Resolution Providing for Sewer Rate Increases ........................................... 6- 7 4. Resolution Providing for a Storm Water Drainage RateChange ................................................................................................ 8 - 9 , FRIDLEY CITY COUNCIL 1�IEETING OF NO��NIBER 18, 2002 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 5. Resolution Providing for Water Rate Change ............................................... 10 - 11 6. Resolution Approving Recycling Service Fees ............................................. 12 - 13 7. Approve Deferral of the 2001 Street Improvement Assessment for 5800 Tennison Drive N.E . ................................................... 14 8. Approve Change Order No. 1 to the Pedestrian Bridge Replacement Project No. 341 ........................................................... 15 - 17 9. Approve Additional Payment of Reimbursable Expenses to Oertel Architects for the Municipal Garage Expansion Project ............................................................ 18 � 10. Approve Mediated Settlement Agreement � between the City of Fridley and Lametti & Sons and ThermoRetec Corp . ...................................................................... 19 � � FRIDLEY CITY COUNCIL iVIEETING OF NOVEVIBER 18. 2002 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSiNESS (CONTINUEDI: 11. Appointment — City Employee ...................................................................... 20 12. Claims ....................................................................................................... 21 13. Licenses ....................................................................................................... 22 - 24 14. Estimates ...................................................................................................... 25 - 31 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. I ' NEW BUSINESS: 15. Informal Status Reports ....................................................................................... 32 /• � 1�1�1:T�� CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 18, 2002 7:30 p.m. - City Council Chambers Attendance Sheet ALFASF ARINT NAMF, ADDRFSS ANa /TFM NUMBSR YIJU A_RF INTFRFSiFD /N. Print Name (Clearly) Address Item No.. � ? � L� � i ,� h,` �� C" i �� i�c' j ° %°t = ,� � f�'' � � . �`; `� , � r� C ' _____--- ,.� � �. _ � , i� , . .-� '" � '��e�;_ �'t �� _ .� � � �. �,� l<= � f�' j �_�'�t�-- � �r _ :� . �� . � , / `i �. ��: /' �'!� f� � ; c i t } j C'j 'l �� `" Ji;. �" , �� , f`�' �� ° (�� ,% t � it (r' �� t 0; "�l�` / `��r,`,,,� t � � . :. �� r �. � �r. � C_,t - i�'1 �'�; � �.t� U d : r"` . (`�-' ��-t' — - �,', t .. , _ G�"'�� `i I�.,�r,; �� ,�c�� ti r> J 4 i^ '�, y ~.� �t{r, '.�. �- { _:''�?,i ,.';3 f i l ��i t�� f �--,�c' �� 3 v U�.. �` THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 2002 �. NIINUTES OF THE REGIILAR 1VIEETING OF THE FRII3LEY CITY COtitiCIL OF OCTOBER 28, 2002 The Regular tileetinQ of the Fridley City Council �vas called to order by �Iayor Lund at 7:3? p.m. PLEDGE OF ALLEGIANCE: Niavor Lund led the Council and audience in the P1edQe of AlleQiance to the Flaa. ROLL CALL: vIE�IBERS PRESE�iT: �layor Lund, Councilmember Barnette, Councilmember Bill:ngs, Councilmember W'olfe and Councilmember Bolkcom. MEVIBERS ABSENT: None. OTHERS PRESENT: William W. Burns, City Manager Scott Hickok, Community Development Director Jon H. Haukaas, Public Works Director Richard D. Pribvl, Finance Director/Treasurer Paul Bolin, Planning Coordinator Frederic Knaak, City Attorney PROCLAMATIONS: Mayor Lund proclaimed the week of October 28 throti�h November 3, 2002, to be Studen� Foreian Exchan�e Week. Mayor Lund welcomed the following three foreign eYChange students who each came forward, presented the City with a flag from their country, and gave a brief speech: Natalya Munoz - Chile Caroline Schaer - Switzerland Jaruwan Limsukhakorn - Thailand Members from the VFW presented the students with American flaas. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF CITY COUNCIL NIEETING NIINUTES: Citv Council Meetina of October 14, 2002 APPROVED. FRIDLEY CITY COUNCIL i�IEETING OF OCTOBER 28, 2002 PAGE 2 NE�V BUSINESS: 1. RESOLUTION ti0. �8-2002 CERTIFYING CERTAIN DELI�tQUENT UTILIT�- SERVICES TO THE COL�NT�" AL?DITOR FOR COLLECTION WITH THE 2003 TAYES. Dr. Burns, City Manager, reported that the delinquent amount was $122,741.1�. APPROVED RESOLUTION �i0. �8-2002. 2. CLAI:�IS. APPROVED CLAINI NOS. 108080 THROtiGH 108273. 3. LICENSES. APPROVED ALL LICENSES AS SUBMITTED. 4. ESTIMATES. APPROVED THE FOLLOWING ESTIMATE: W. B. Miller 6701 Norris Lake Road N. W. Elk River, MN 55330 2002 Street Improvement Project No. ST. 2002 — 1 Estimate No. 7 $142,108.51 ADOPTION OF CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda as presented. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE - MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda as presented. Seconded by Councilmember Wolfe. UP0�1 A VOICE VOTE, ALL VOTING AYE, iVIAYOR LUND DECLARED THE NTOTION CARRIED UNANIMOUSLY. . FRIDLEY' CITY COtiNCIL i�IEETING OF OCTOBER 28, 2002 P�GE 3 OPEN FORU�I, VISITORS tilr. Jim Kie�vel. 1b31 Rice Creek Road N.E.. rec�uested a copv of the report reC7ardin�� an incident that occurred at his house on or ab�ut September ?8, 20G'?. EIe stated he has reqLiested the report several times but has not received it. Mr. Tom �tyra, 6360 Able Street N.E., stated he would like to be provided with a copy of the comprehensive plan for Brandes Place. He said he believed a citizen committee shoLlld be f��rmed to make recommendations to the Planning Commission. PliBLIC HEARIr�GS: �. CONSIDERATION OF THE SUSPENSION OR REVOCaT10N OF THE INTOXICATING LIQUOR LICENSE FOR AMF BOWLING CENTERS, I�iC., DB/A NI:�PLE LANES, GENERALLY LOCATED AT 6310 HIGHWAY 6� NE (��'ARD 2) (CONTINUED FRONI APRIL 22, 2002): :�10TION bv Councilmember Wolfe to open the public hearinQ and remove this item from the table. Seconded by CoLincilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, NI�YOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. I��r. Prib��1, Finance Director, stated that on April 22, 2002, a public hearin� was held on the liquor license for Nlaple Lanes. There was a problem because the lieensee could not maintain the required minimum food ratio of 40 percent. At that time, Council approved a probationary license with stipulations and continued the public hearing for six months. One of the stipulations was that AMF provide a copy Maple Lanes' sales tax form to the City of Fridley on a monthly basis. He said that the ratio of food sold for May, June and July came to 30 percent or under. A letter received September 11, 2002, from the attorney representing AMF stated that they would not be able to meet the City's requirement. No additional information was received. Attorney Jim Moran, representing AMF Bowling Centers, approached and stated that because of errors, the reports for the last two months were not submitted. He apologized on - behalf of AMF for the errors and for the incorrect ordinance section he cited in his letter. He said the correct section should have been 603.10, Subd. 18. He asked that the ordinance be . amended similar to the ordinances in the cities of Plymouth and Rosemolint. Those cities have a lower license requirement for restaurants located in bowlin� centers. He stated that in order for a bowling center to b� financially viable, it has to be able to provide intoxicatin� liquor. He said that without the revenue Qenerated from liquor sales, i�laple Lanes �vould sustain significant operating losses. Of the 42 bo�vlinQ centers that are members of the �Iinnesota Bowling Proprietors Association, 38 of them have into�icatin�� liquor licenses. The four that do not are small centers w�ith less than 1? lanes. AMF o��ns 7 centers in the metropolitan area, 6 of �vhich do not meet the =�0 percent food requirement. The onl�; FRIDLEY CITY COUNCIL �IEETING OF OCTOBER 28, 2002 P�GE -t exception is Earle Brown Bo��lin� Center. He stated w�ith the eYCeption of Brooklyn Center, Fridley is the only- ��Iinnesota municipality that has a-�0 percent food requirement. He esplain�d that 1��Iaple Lanes had played a unique role in the communitv over the last 30 vears. because it provided recreation across the �vhole spectnim of the poptilation. He said ��°hen he �isited recentiv there were manv seniors �t the bowiing center who were bowlina and playing card �ames, the hi�h school s«7m team �vas havinQ a bo�vling part��, and there ��%as also open bo�vling. He stated that if Council is not inclined to consider the request to amend the ordinance, he requested that this matter be continued for an additional 90 davs to allow them to consider other action. � 1�Is. Cynthia Blanc, District �Ianager for ANIF, spoke and stated that in April she presented a plan in which they wou(d artempt to increase the ratio of food. They have implemented several changes. The hours of operation have been e�panded, personnel chan�es have been made, lane servers have been added during high peak times, and they are sua�esting food and alcohol. The menus have been changed to include additional appetizers and a pizza line. They have ordered a new deep fryer, pizza oven, pizza display case, menu board, hot doj roller and grill. They have replaced the restaurant and lounge furniture and added seating on the floor concourse as well. She said that steps are beina taken to brighten up the restaur�nt. She indicated that the nLimbers presented this evening are different from what ��as sho�vn to Mr. Prib��l. They are the correct numbers but had an incorrect date. The percentage of the food to beveraQe revenue last April was 27 percent; May was also 27 percent; June and July improved to 30 percent; August was 4� percent, and September 3? percent. The first three weeks in October were a little over 31 percent. Although they have made improvements and will continue to do so, it is not possible for the 40 percent ratio to be achieved on a consistent basis. Ms. Blanc stated their calendar year is from July 1 through June 31. She said that for the first three months ending September 29, their food ratio average was 37 percent. They felt the fi;ures given for August and September were a big factor in the City's consideration to revoke the liquor license for Maple Lanes. She eYplained that the staff person who spoke with Mr. Pribyl mistakenly stated that the figures for August and September were not necessary since they had not made any marked improvement in the sales figures over the amount previously recorded. She stated they sincerely apologize for that mistake and hoped that Council �vould recognize they have made significant pro�ress in increasin; their food sales. Councilmember Wolfe stated he did think bowling alleys were different and inquired how the city code could be changed to bring down the ratio so Map1e Lanes did not lose its license. Councilmember Billings stated he did not know how they could chanQe the ordinance and allow Nlaple Lanes to keep their license until the ardinance is in place. If the ordinance chan�e had been started four months a�o, it mi�ht have been in place by no�v. He stated he did not l:now how Maple Lanes could keep their license since the�- are in violation. Mayor LLmd asked how lonQ it would take to change the ordinance. FRIDLEY CITY COUNCIL �IEETING OF OCTOBER 23, 2002 P�GE � Councilmember Billin�s replied that statf or the � City attorney should respond to that question. He said he believed it would be necessary to hold a public hearin�, hold first and second readin�s and publish the ordinance change. He said if no one objected ��ithin a certain period of time after publication, it �vould become la��. If someone got a petition sayina they did not like the action, it would come off the books and be put on the ballot for the neYt Qeneral election two �-e�rs from no�v. Councilmember Barnette inquired about the number of AMF l�o�vlina lanes in :��Iinnesota and �vhether thev all had liquor licenses. Ms. Blanc replied they all had liquor licenses. Councilmember Barnette asked if it ��ould be possible for the bo�vling estab(ishment to just serve beer. Ms. Blanc replied in her opinion it would not, because many group bowlers come to socialize and bo�vl. She said if they did not have a full liquor line, their customers �vould choose to Qo someplace e1se. Councilmember Bolkcom asked Ms. Blanc if they had actual food and sales numbers. Ms. Blanc stated that they could provide that information. MOTIO� made by Councilmember `Volfe to accept the information ori the food and beverage sales for Maple Lanes. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom noted they need to look at what other cities are doing. Ms. Blanc responded that Mr. Maran has done some research on what the requirements are in other cities, and they do vary. Councilmember Bolkcom asked Mr. Pribyl if there are any other businesses that do not ha��e to comply. Mr. Pribvl replied that there were not. Councilmember Bolkcom asked if any other businesses had asked for an eYCeption and if it �vould be fair to do it for one and not the others. Mavor Lund commented that he has not seen anv advertisinQ. si�ns or coupons for the bowlina alley. He said he did not want to see the City's onl�� bow�ling alley close. He also FRIDLEY CITY COUNCIL i�IEETING OF OCTOBER 28, 2002 PAGE 6 said that if someone had come to them earlier about the ordinance, Couneil could have looked at it. �Ie asked about the bi� chan�e in August. Ms. Blane stated that there �vas a dart playing group that used to participate at Sharkv's. They w-ere looking for a ne�v place to play and approached them. Thev were done playinQ in Augtist. Mayor Lund commented that he thought the bowling alle� �vould have done better during the sllmmer and aQain in the fall �vhen the bo�vling leagues started up. � ?�1s. Blanc replied that it has. Nlayor Lund stated he would consider making chan�es to the ordinance but is not sure of what the ultimate outcome would be. Right now, he thouaht that all they could do was look at the ordinance and give Maple Lanes another 90 days. Councilmember Wolfe asked if it was possible to do that. Attorney Knaak stated he thouaht the question was would it be possible to contin�ie this, and the ans��er �vas that they could. He said what Council needed to consider is the issue of whether a future applicant might come along with the same request. He said they needed to create a unique situation so that this would not occur. Councilmember Wolfe stated it seemed pretty clear that it �vould be for a bowling alley. He asked if the time could be e�tended long enough to do the amendment. Councilmember Bolkcom replied that there is no guarantee. She commented that it would take time for staff to get more information on this matter. She said she believed there ��ere reasons for the 40 percent ratio. She asked if there were other types of businesses, that would need to be included in the change. Councilmember Barnette stated he thought that the Billiard Center just had a beer license. He said it appeared to be thriving and had been there for 20 years. Mr. Pribyl indicated that they do not have a liquor license. Mayor Lund said that what they were discussing was revoking the liquor license of Maple Lane now and working on the current ordinance or continuing this matter for 90 days while they looked at the ordinance. He asked for further comment. Attorney Moran said that if Map1e Lanes lost their Iicense for 90 days, they would lose leagues and not be able to get them back. He said there was a lot of competition for the leagues. FRIDLEY CITY COUNCIL �IEETING OF OCTOBER 28, 2002 P�GE 7 Councilmember Bolkcom stated that thev have already �iven �laple Lanes six months. She said if thev gave them another 90 days. ��hat ��ould pre��ent another business from comin� in and askin� for the same thin�. Attorney Knaak stated he thou�ht it safe to say� that a business could do that. He said it ma� be difticult to turn do�ti�n another request in the fiiture. Mayor Lund commented that there was onlv one other business in the recent pa�t in which this canle up. ��Ir. Pribyl stated that was correct as far the revocation pro� ision. Councilmember Bolkcom stated that it nad come up more than once. N1r. Pribyl commented that every 3 or � years someone �vill be very close to not meetina the requirement. Councilmember Billinas commented that this is not a totallv isolated incident. He asked for clarification of a couple of thinas. He stated NIr. Moran said there �vere �8 members of the Bowlina Proprietors Association. He asked if they knew h�w marly bowlin, alleys there are in the same geographical area that are not members of the Bowling Proprietors Association. He said if there are any, he would like to know if they ha��e a liquor license. Attorney Moran replied that there could be up to 30 small, 4 to 12 lane, establishments that are not members. He said they did not l:now if they sold intoxicating liquor, but they could try to get those figures. Councilmember Billings stated Attorney vloran mentioned that one idea �vas the possibility of requesting another 90-day extension to develop ideas. He asked whether there were any examples of the types of ideas that might be explored and why they have not been up to now. Attorney Moran replied he did not have anything specific in mind except that they might make progress in changing the ordinance. Councilmember Billings stated he was asking about this because in a similar circumstance, the City of Spring Lake Park had an ordinance that regulated food and liquor sales. An establishment there was unable to meet the requirement so they subleased their kitchen to Key's Restaurant. He was unsure whether that would meet the requirements of the City Code, but he thought that additional thinkinQ needed to be done on this. Attorney Moran responded that just based on his past eYperience, it �vould require significant capital to provide Che type of kitchen the�- ��ould need. He said that this is somethinQ thev could look at during the next 90 days. FRIDLEY CITY COUNCIL i�TEETING OF OCTOBER 28, 2002 PAGE 8 Councilmember Bi1lin�s asked if another �vay of achievina the ratios would be to sell less liquor, to reduce the number of hours that liquor is available. or to reduce the price on the liquor. Attornev vloran replied that if the price ��as reduced too much there miQht be problems. If it is cheaper than a place do�vn the street. too many people are Qoin, to come in for the liquor. Councilmember Bi1lin�s commented that he believed thev needed to start thinking outside of the box to resolve the issue. Councilmember Barnette stated that Looking at the tigures already presented, Nlaple Lanes - �vill probably not be able to reach the �0 percent ratio �vithin another 90 days. Attorney Moran commented that the onlv thing that might work is changing to just selling 3.2 beer. Councilmember Barnette asked if they weren't just delaying the decision until February. Attornev N1oran asked if the Council co�lld look at amendina the ordinance during that time. Councilmember Barnette said he was not sure if Council would do this. Councilmember Bolkcom asked for confirmation on how- it works with 3.2 beer. Mr. Pribyl stated that they �vould revie�v it. Councilmember Billings stated the he has been looking at the ordinance. He said he thought it would be unfair to make any judgments without sitting down to see how that particular section related to other sections in the City Code. Attorney Knaak replied they are c�rrect that 3.2 beer is not beer. He said Council is correct that beer is defined as having an alcohol content of one-half percent by volume and not more than 3.2 percent by weight. He stated that this does not require a liquor license. Attorney Moran commented that this could seriously impact the business. Mr. Barnette commented that he was surprised that all of the bowling alleys have liquor now. Attorney Moran stated that 10 years ago there used to be �00 bowlinQ centers in the state and there are now 200. The cost of keeping them going is very high. He said they need to sell liqiior in order to make ends meet. Most of the bowling lanes that have fallen did not have liquor. MOTION by Couneilmember Wolfe to close the public hearina, seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL VIEETIrG OF OCTOBER 28, 2002 PAGE 9 UPO�i ��OICE VOTE, ALL �03'ING ��"E, vI_�YOR LUrD DECLARED THE 1�IOTIO�i C�RRIED L"rANI1�IOtiSL�". 6. CONSIDERATION OF THE ASSESS�IEVT FOR 2001 STREET I�IPROVEi�IENT PROJECT NO. 2001-01. �tOTION bv Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. szconded by Councilmember Billin��s. LiPON A VOICE VOTE, ALL VOTING AYE, �IA�'OR LCND DECL�REll THE 1�IOTIOr C�RRIED L'�i:�vIVIOUSLY. i�1r. Pribyl, Finance Director, indicated that was a project that involved curbina and gutter for property alon� w'oody Lane, Gardena Circle, Gardena Lane, Hillcrest D:ive, and Tennison Drive. It involved 103 properties. The tinal cost of the assessment was $9.53 per front foot. The total assessed cost ��as $87,746.28. The assessment period �vill be for ten years and �vill carry the same rate of 6 1r? percent. lY1r. Barnette asked about the extra homes that were added for the concrete curb and �utter project. Mr. Haukaas, Public Works Director, stated those were added later. He said the addresses were located in the cul de sac of Wood�• Lane and they approached the City after the project had begun. Their homes had the older style low curb and they asked to have the new style put in. They did agree to pay for that. Councilmember Bolkcom asked how lon� someone would have to pay the amount due without any interest. Mr. Pribyl replied they have 30 days to prepay this. Councilmember Bolkcom inquired if it was their practice to send a letter to the people involved explaining the assessment. Mr. Pribyl replied that they would. Ms. Marta Tomczyk, 6060 Woody Lane, approached and stated she cannot afford the 6`/ percent interest. She asked how much she could put away. Mr. Pribyl replied there is the possibility of deferring the amount due. He said there was the possibilitv of a low-income deferral. He stated that the Citv has to be ver� careiul about settinQ the interest rate. He said he believed that the 6 li2 percent rate was fair. Ms. Tomczyk asked if it ��ould be on her ta�es. FRIDLEY CITY COUNCIL i�IEETING OF OCTOBER 28, 2002 PAGE 10 �Ir. Prib� 1 stated that it �,vould be part of her taY statement. �Iavor Lund stated that if she did not pay ��-ithin 30 davs, she �vould start to pav interest on the amount and it �vould be included with her property ta�es as a separate Line item. �1r. Prib�.�l stated that she may also qualify for a seniar lo�v income loan or deferment. Councilmember Bolkcom told Ms. Tomczyk that the assessment could be deferred and she would not have to pav it until she actually sold her home. Councilmember Barnette mentioned that if she lived in another communiry, stich as Spring Lake Park for eYample, she would also have to pay for the street assessment. In Fridley thev put mone� aside so the street itself is paid for. In Columbia Heights the assessment �vould have probably been three times as high. Mr. Bob Bauldauff, 60�� Gardena Lane, approached and stated he lives on the corner of Gardena and Woody. He stated in talking with his neighbors, it appeared that the amount he would pa�� was fairly lar�e. He asked if he �vas paying for the front foota�e on Gardena Lane or the side foota�e on `�'oodv. � Mr. Haukaas replied that they deterniine a front side based on the address. He said it would be determined on the width of the address side. N1r. Bauldauff stated that the footaQe is the assessment divided by $9.63. Councilmember Barnette commented that the assessment showed he had 12� feet of footage which w-as a little different irom his neighbors. MOTIOti by Councilmember Wolfe to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTIO�; CARRIED UNANIMOUSLY. 7. CONSIDERATION OF THE ASSESSMENT FOR THE VARICHAK UTILITY PROJECT NO. 342. MOTIOi�� by Councilmember Wolfe to waive the reading of the public hearing notice and , open the public hearin�. Seconded by Councilmember Barnette. UPON � VOICE VOTE, ALL VOTING AYE, MAYOR LL1ND DECLARED THE NIOTIO\ CARRIED L�NANIVIOUSLY. Mr. Prib� l. Finance Director, indicated that the project involved the Litility services provided by the �'arichak Addition. The total cost of the project was $23,99�.60, of which the FRIDLEY CITY COUNCIL vIEETING OF OCTOBER 28. 2002 P aGE i l developer paid � L, l-��. The balance �vas � 11,1 �0.60, �nd it �vas beina split bet��een the t��-o properties. Hz said the assessment �vas consistent with the assessment period of 1� ��ears at b 1/2 percent. One of the property- owners has alreadv prepaid. �Ir. Wolfe asked for clarification of the administration fees. The Citv chose to reduce the rate to 6 1/2 percent and eliminate the � percent administration fee. He said ��Ir. Varichak asked him to check on that. vlayor Lund asked if it ��-ould chanae the numbers on the table. - N1r. Wolfe said that it w-ould be the other fee. N10TI0� bv Councilmember W"olfe to close the public hearina. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTIOti CARRIED tiNANIVIOUSLY. 8. CONSIDERATIOi�1 OF THE ASSESSMENT FOR THE 20021 NUIS�tiCE ABATE:�IENT. MOTION by Councilmember Bolkcom to waive the readinQ of the public hearing notice and open the public hearinQ. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE NIOTION CARRIED UNANINIOUSLY. Mr. Pribyl, Finance Director, said that this was an assessment for those properties to �vhich the City had extended resources for code-compliance issues. He indicated that there w-ere four properties to be assessed, and the full amount of the assessment was $2>824.76. He stated it was a one-year assessment at 6 1/2 percent. MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember Bolkcom. - UPON A VOICE VOTE, ALL VOTING AYE, NIAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. CONSIDERATION OF AMENDING CHAPTER �06 OF THE FRIDLEY CITY CODE PERTAINING TO SNO`�' REMOVAL (VIOLATION AND TOWING). MOTIO� by Councilmember Bolkcom to �vaive the readinQ of the public hearing notice and open the public hearing. Seconded by Councilmember Wo1fe. FRIDLEY CIT�' COUNCIL �IEETING OF OCTOBER 28, 2002 PAGE 12 UPON A�'OICE VOTE, �LL VOTING AYE, I�IAYOR LUND DECLARED THE vIOTIOr C.-�RRIED liNA�iIVIOL�SLY. �Ir. Haukaas. Public Works Director, stated there c��as an inconsistencv fotmd in the Cit�� Code last �ear ��hen the date for the winter parkinQ ban �vas changed. It `vas chanaed in one section of the Code but not in another section. NIOTION bv C�uncilmember Wolfe to close the public hearing. Seconded by Councilmember Bolkcom. tiPON A �"OICE VOTE, :�LL VOTING AYE, I�IAYOR LUND DECLARED THE _ :�IOTIOV C�RRIED tiNA�IMOUSLY. OLD BUSINESS: 10. VARIANCE REQUEST, VAR #02-13, BY JIV� KIE�tiEL TO INCREASE THE TOTAL SQU'ARE FOOTAGE OF ALL ACCESSORY BUILDINGS TO ALLOW THE CONSTRUCTION OF AN ADDITIONAL G:�RAGE, GENERaLLY LOCATED AT 1631 RICE CREEK RO:�D NE (�VARD 2) (TABLED AUGUST 26, 2002). iVlr. Hickok, Community Development Director, stated they received a request from Mr. Kiewel to �vithdraw his application. With the help of an architect, Mr. Kiewel redesigned the project and provided a written request to have the item removed. Councilmember Bolkcom asked that since this has gone past the 60 days, if Mr. Kiewel came back, would he have to request a new variance. Mr. Hickok replied that he would. Mayor Lund asked Mr. Kiewel if he agreed. Mr. Kiewel stated he did so and thanked Council for their time. MOTION by Councilmember Wolfe to remove Variance Request, VAR #02-13, from the table. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, yTAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Wolfe to accept Mr. Kiewel's letter to withdraw Variance Request, VAR #02-13. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, �IAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CIT�' COUNCIL NIEETING OF OCTOBER 28, 2002 PAGE 13 11. SPECIAL USE PER�IIT REQUEST, SP #02-08, BY vaN-O-LITE, TO ALLOw EYTERIOR STORAGE OF i�I�TERI�LS I�t A C-2, GENER�L BUSI�IESS DISTRICT, GEtiERALLY LOCATED AT �94� U�iIVERSITY AVENUE N.E. (W�RD 1) (TaBLED OCTOBER 1-1, 2002). i�1r. Bolin. Plannin� Coordinator, stated that on October ?. ?00?, the Planning Commission recommended denial of this request on a� to 1 vote. He 5tated the existing buildinQ. constnicted in 2001, required a number of variances for the structure and parkin�� requirements. as a result. the open space around the buildin� �vas at a premitlm. , i�Ir. Bolin said the peiitioner applied for a buildin�� permit for a mezzanine, �v°hich would be used for storaQe of materials. Ho�vever, the petitioner chose not to pursue constrtiiction of the mezzanine because of the sprinkler requirements of the City Code, Chapter 1306. Staff believed that this is the best alternative far storage on the site. Mr. Bolin stated the containers are highly visible from 60`� Avenue and also the residential neighborhood to the east. The stora�e of the containers presented undesirable image issues alon� the major city corridor and potentially diminished the normal enjoyment of the properties surroundin� the site. He said to �rant the special use permit would be setting a precedent. N1r. Bolin stated another thina to note is that fire roadwa� standards require access ti��ith a minimum of a 20-foot w�idth of unobstructed clearance. The petitioner submitted a dra�ving that show�ed there is onlv 18 feet 10 inches bet�veen the parkin` stripes and the containers. The site is already maximized for aisle space, and further reduction would be potentialiv harmful to firefi�hters. Mr. Fulaency, attorne�� for Van-O-Lite, approached and presented a memorandum �vith exhibits to Council. He gave a history of Van-O-Lite and stated that in 2000 they decided they needed a new facilitv for their storage problem. In the interim they decided to use outdoor storage and asked the City if they could do that and were advised that they could. They placed the storage container outside the old facility. The new facility was completed in 2002. The original plans were to include a mezzanine. The building contractor recommended that they not submit the mezzanine as part of the building plans because they could not decide how to build the structure. Later when the mezzanine portion of the plan was submitted they were told that because of a change made a couple of months earlier, they would have to install fire retardant equipment. Attorney �`ulgency stated that in August they applied for the special use permit. He said that rt the storage containers were the same color as the building. He indicated that from University Avenue the containers could not be seen. He stated that only cars are allowed to park in the back of the building. He said that with respect to the seetion of the Code that required materials to be screened. the materials colild not be seen because they �vere inside the contalners. FRIDLEY CITY COUNCIL tiIEETING OF OCTOBER 28, 2002 PAGE 1-t Attorney Ful�ency� said that Van-O-Lite has siane� a contract to ha�e fire retardant equipment and the mezzanine installed. He said that by the end of Januarv everythin� should be installed and there �vould not be any need for the storaQe containers. ��Iayor Lund asked if there was a time limit for a special use permit. Attorney Knaak stated that ��as his understanding. He said there were interim uses that ��-ere permitted and a certain statute provided for that. In terms of a special use permit. ordinaril�� that �vas somethin� that would run with the property and would run for the duration. He stated that it �vas different from an interim use. Attorney FulQency stated the statute was Section �6?.3�9, which had never been liti�ated as � to whether it could be terminated. Mayor Lund stated that he believed the containers were equipment and not part of the building. He thouaht the containers blended in very well with the buildina and did not kno�ti- what the real detriment was with the fire issue. He stated he did not have a chance to review- the eYhibits presented but thought that perhaps there was some way they could do an interim request if they had some type of guarantee. Councilmember Barnette asked Mr. Hickok if thev were aware thev �vere planninQ on beginnina constructing the mezzanine in the neYt month. Mr. Hickock replied there had been some discussion. Attorney Fulgency commented that there was only one letter from a neighbor w-ho did not like the building. He asked about the precedent that they referred to. Attorney Knaak stated that with respect to how long a special use permit lasted, Minnesota Statutes, Section 462.3�9, indicated that the condition remains in effect as long as the conditions agreed upon are observed. He said that once it is granted, as long as the individual involved continued to do what they are required to do, it stayed in effect. He referenced a separate statute on interim uses, which was usually in the context of changes in zoning and allowed for uses for specific periods of time. He said his recollection was that it could not be for more than five years. He said his understanding �vas that a city council could not issue a temporary condition under that ordinance. Councilmember Billings asked if he was correct in assuming that EYhibits 1 and 2, the contract that Van-O-Lite entered into were done subsequent to the Planning Commission t meetin�. Attorney Fulgency stated that they were. CoLincilmember Billin�s asked Mr. Hickok what provisions they had in the building code for temporary storaQe of furniture and materials and thinas like that. He said when Sk��vood FRIDLEY" CITY COUNCIL �1EETING OF OCTOBER 28, 2002 PaGE 1� �ti1all did their remodelin�. thev had trailers parked on site for manv, manv weeks. He asked about the Citv's policy for those t�-pes of storaQe containers durin� constrllction projects. �%Ir. Hickok replied it is not unusual to have job-site containers or job trailers on-site in conjunction �vith the building permit for the duration of the project. Councilmember Billings stated, so if the applicant came to them and indicated they needed to store some thin�s outside in order to build a mezzanine for four or five months, it ��ould not be unusual for them to ��o alon� w-ith that. �Ir. Hickok a�reed. Councilmember Billings asked if it �vould be contrary to City policy. Mr. Hickok answered that it would not. Councilmember Billings stated that Van-O-Lite has entered into a contract for the mezz�nine and, if he understood Attorney FulQency's representation of his client's wishes, upon completion of that construction the otitside containers wolild �o a��a��. Attorney- Fulgency aareed. Councilmember Billings asked Attornev Ful�ency that since there was already City policy that governed w�hat they �vould attempt to do, if this would be acceptable to him. Attorney Fulgency asked for verification from staff. Councilmember Bolkcom asked if the�- still o�vned the other building and if that could be used for storage. Mr. David McLellan, president of Van-O-Lite, responded that the other building was leased. MOTION by Councilmember Billinas to table consideration of Special Use Permit Request, SP #02-08, and to eYtend the review period for City Council action an additional 60 davs with notice to the petitioner in writing as soon as possible. Mayor Lund commented that they w-ere verifying if there had been an extension or if additional time needed to be added. Attorney Knaak commented that if there was a statement by counsel that thev �vould wai��e the requirement, that would take care c�f the issue. Mr. Pribvl. Finance Director, stated the�- had already extended it to December 1?. FRIDLEY CITY COUNCIL vIEETING OF OCTOBER 28, 2002 PAGE 16 Councilmember Billinas stated it had already been eYtended 60 days. He said December L is the tinal date, blit there are three Co�tncil meetin�s before thev Qet to the 1?0-dav deadline. �tOTION bv Councilmember ��"olfe to table this item. Seconded b� Councilmember Bolkcom. UPON � VOICE VOTE, ALL VOTING AYE, �IAYOR LUND DECLARED THE MOTIOr CARRIED GNANIMOUSLY. MOTION bv Councitmember Billin�s to receive the vlemorandum of Applicant in Support of the Grantin` of a Special Use Permit into the record. Seconded b� Councilmember _ Bolkcom. UPON A VOICE VOTE, �LL VOTING AYE, �TAYOR LUND DECLARED THE MOTION CARRIED UNANIiVIOUSLY. NEW BUSINESS: 12. FIRST READING OF AN ORDIN�NCE ANIENDING CHAPTER �06 OF THE FRIDLEY CITY CODE PERTAINING TO SNOW RENTOVAL - VIOLATION AND TOWING. MOTION by Councilmember Bolkcom to waive the readina and approve the ordinance on first reading. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 20�, SECTIONS 205.17, 205.18, 20�.19, 205.20 AND 20�.25 RELATED TO OUTDOOR STORAGE IN THE INDLTSTRIAL DISTRICTS. Councilmember Bolkcom stated she would like to table the discussion on this item until they have had a chance to meet with Mr. Hickok and Mr. Bolin. Mr. Rich�rd Harris, 6200 Riverview Terrace, requested that the discussion not be limited to just the Onaway District. He said he found some inconsistencies in the code. He asked what the next step would be if this item was tabled. Councilmember Bolkeom stated she thought Mr. Hickok would set up a meetin�. MOTION by Councilmember Bolkcom to table this item. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL NIEETING OF OCTOBER 28, 2002 PAGE 17 UPON A VOICE VOTE, ALL VOTING AYE, �IAYOR LUND DECLARED THE NIOTION C�RRIED LiNaNIMOtiSLY. 1�. RESOLliTIO�i REVOKIrG IrTOYIC�TING LIQGOR LICENSE FOR ��IF BOWLI:�tG CENTERS INC., DB/A ANIF NIAPLE LANES, LOCATED AT 6310 HIGH�VAY 6� N.E. (WARD 2). �10TION by Councilmember Wolfe to allow AtiIF ��Iale Lanes a ninety-day extension on the revocation of their liquor license or until January 27, 200?. or the closest City Council mzetin� after that date. Seconded by Councilmember Barnette. Councilmember Wolfe said he hoped there could be a chan�e in the ordinance to help ��laple Lanes. Councilmember Bolkcom asked what would happen to the license if the ordinance was not changed by January 27, 2003. CoLincilmember Wolfe replied that thev �vould have to revoke the license. He said that in the past ninety days, he thoiight petitioner had made progress. Councilmember Bolkcom asked if the peCitioner should contact City staff durin� the nest three months. Mayor Lund replied that whether there are any changes in the ordinance is risky aC best. Attorney Knaak stated that he understood the motion to make the revocation effective in January. Councilmember Wolfe asked if they �vould look at it in 90 days. Attorney Knaak asked if they wanted to malce the revocation effective in January or if they were tabling it. He said the difference is the matter was being continued for revocation. He said if it was tabled until January, when January came Council would be moving to revoke but it would be effective immediatelv. Councilmember Wolfe stated they would look at it in 90 days. MOTION by Councilmember Wolfe to withdraw his first motion. Seconded bv Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, �TAYOR LUND DECLARED THE MOTION CARItIED UNANIVTOUSLY. Councilmember Billings stated he is goin� to support the motion to table this for 90 davs. He said initially he was not inclined to chanae the ordinance. He changed his mind because it FRIDLEY CITY COUNCIL �IEETING OF OCTOBER 28, 2002 PAGE 18 would allotiv the petitioner to try and do some aQ�ressive thinkinQ outside of the normal channels. H� said he was inclined not to support a change in the ordinance because he would ar�ue that it is an operation that supplies a sportin� activitv as �ve11 as on-sale liquor. There is another establishment in Fridlev that does exactly the same thin� Spiker's Grille & Beach Club. He said did not think the best ans��er was to chan�e the ordinance because someone cou(d not comply ��ith it. Councilmember W'olfe stated that Spiker's is also an e�ception. Councilmember Barnette commented that if they start making e�cceptions, they are going to have exceptions to everythinQ. _ Councilmember Wolfe commented that Spiker's has a lar�e restaurant. Attorney Knaak advised that they would be tabling this item for 90 days because petitioner has shown signs of improvement and willingness to work very hard. MOTION by Mayor Lund to table this item until January 27, 2003. Seconded b� Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 1�. RESOLUTION NO. 60-2002 ADOPTING ASSESSMENT FOR THE 2001 STREET IMPROVEMENT PROJECT NO. 2001-01. MOTIOI�' by Councilmember Bolkcom to approve Resolution No. 60-2002. Seconded by Councilmember Barnette. L'PON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. RESOLUTION NO. 61-2002 ADOPTING ASSESSMENT FOR THE VARICHAK UTILITY PROJECT NO. 342. Mr. Haukaas, Public Works Director, stated that the fee Mr. Varichak was referring to was - actually the engineering charges added to the contract cost, not the 5 percent administrative fee. Items 8 and 9 stated that if the balance was paid in full, there would be no penalty. When Mr. Varichak paid the balance in full, there would be no 5 percent administrative charge. Mr. Varichak paid one-third of that in addition to his portion of the construction costs. MOTION by Councilmember Wolfe to approve the Resolution No. 61-200?. Seconded Councilmember Bolkcom. FRIDLEY' CITY COliNCIL �IEETING OF OCTOBER 28. 2002 P:�GE 19 UPON A VOICE VOTE, �LL VOTING ��'E, �I��'OR LUND DECLARED THE 1�IOTION CARRIED UNA�1Ii�TOLrSLY. 17. RESOLUTION :��0. 62-2002 ADOPTI�iG ASSESS�IENT FOR 2003 titiISaNCE ABATEi�TEr'T. �10TION by Colincilmember Bolkcom to approve the Resolution No. 6?-?002. Seconded Councilmember Wo1fe. L�PO�i A VOICE �"OTE, ALL VOTING AYE, l�I��"OR LL��rD DECLARED THE �IOTION CARRIED L"r �rI�IOliSLY. 18. VARIANCE REQUEST, VAR #0?-17, BY ROBERT A�1D COtiSTANCE NIETCALF, TO EXEMPT THE PROPERTY O�VNER FRO�I INSTALLING THE CODE REQUIRED HARD SURFACE DRIVE, GENERALLY LOCaTED AT 860 WEST 1�TOORE LAKE DRItiE (WARD 21. Mr. Bolin, Plannin� Coordinator, stated that in 1997, the Citv declared all gravel drivewa�s to be a ptiblic nliisance. He said that staff recommended denial of the present request. The property is located on the north shore of West l�ioore Lake. It has a carport and �vas built in 19�8. It is zoned R-1, SinQle-Family Residential, as are the surrounding properties. �1r. Bolin stated that the summarv of petitioners' hardshi� statement is: "The main emphasis of my appeal is the tlat, non-inclinin� nature of our drive�vay. I believe our property is unique in this respect and therefore qualifies for a variance." The petitioners are concerned abouC the aesthetic impact of a hard-surface driveway. The petitioners are seeking to be exempt from installing a hard-surface driveway as required by the City Code, which has declared aravel driveways to be a public nuisance. He said they were declared a nuisance for a number of reasons, including: soil gets contaminated with oil and vehicle fluid, and the gravel gets into the City's storm water and detention ponds. Mr. Bolin said when the driveways were declared a public nuisance, the City CoLincil gave property owners five years to have their gravel driveways paved. The five-year deadline is December 31. By that date, all gravel drive�,-ays in the City must be paved with approved concrete or asphalt. If this request was granted, it would be unfair to the other 43� property owners who have complied and paved their driveways. It would also set a precedent and entitle the remainin� property ow�ners �vho have failed to comply, to request the same variance. Ms. Constance iYletcalf, 860 West Moore Lake Drive, approached and stated that they made this appeal to save their driveway. She said they drove around and looked at the other �ravel driveways in the Citv. She indicated that some were not defined the �vay their drive�vay was and they ��ere not flat. She said their drivewav is a formal drive�vay that is lined on the ed�es and is done w�ith cnished red river rock. She indicated that it tended to settle down into the sand. FRIDLEY CITY COUNCIL �IEETIlYG OF OCTOBER 28, 2002 PAGE 20 :��Is. �%Ietcalf stated that she was disappointed because only one member of the Appeals Commission took the time to drive bv their drivewav. She stated the drivewav is modest, detined and well-cared for. She pointed out to the Appeals Commission that there ��ere problems in the Cit� �vith a11 the �vater runoff ��oin� into the �Iississippi River. She stated the maintenance is low. She pointed out the neatness of their dri�-e�vav and how level it is. Councilmember Bolkcom asked what happened �vhen there were heavv rains. Ms. i�letealt responded the liQht rain soaks in. Councilmember Bolkcom asked if the sno�vplows didn"t have some effect on the rock. C�ouncilmember Barnette stated that there were �2 unpaved drivetivays. He sai� it �vas hard to make an exception. Mayor Lund asked about flagstone. Councilmember Barnette replied it was very expensive. Mayor Lund stated he did not know how they could make an exception. He said he believed that that having a hard-surface driveway would increase the homestead's value. Co�incilmember Bolkcom commented on how many others had already taken care of their drivewa��s. MOTION by Councilmember Wolfe to deny Variance Request, VAR #02-17. Seconded Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 19. PUBLIC INFORMATION MEETING ON THE CITY OF FRIDLEY PART 1 WELLHEAD PROTECTION PLAN. Mr. Haukaas, Public Works Director, stated the entire report is available to the public, and a CD-Rom version has been provided to neighboring cities. It included the delineation of wellhead protection areas and DWSMA (Drinking Water Supply Management Area). He said the report was prepared by Steven Robertson of the Minnesota Department of Health. The program in general is administered by the Department of Health and associated with the Safe Drinking Water Act and the Minnesota Groundwater Protection Act. He said the Anoka County Wellhead Planning Group, �vhich consists of 10 Anoka County cities workinQ together �vas created. He said he believed they are one of the earlier groups which is why they are ��-orking directly ��ith the Department of Health. The other members of the groiip are Anoka, Blaine, Centerville. Circle Pines, Coon Rapids, LeYington, Lino Lakes, Ramsev, and Spring Lake Park. FRIDLEY CITY COUNCIL 1�IEETING OF OCTOBER 28, 2002 PAGE 21 The purpose of the Wellhead Protection Plan is to prevent contamination bv manaQement ot potential contaminant so�lrces in the area �vhich contribute ��ater to the public water supply. L'nlike most plans which are a remediation, this is desi�ned as a prevention matter. The plan will help to educate the publie about the connection bet�tieen surface to ground��ater contamination and �vater supp(y protection. He outlined the steps in the process. Councilmember Barnette asked if the drinkinQ �vater was safe. i�Ir. Haukaas replied that it was. , Ma�or Lund asked if this meetinU also included public inpu�. Mr. Haukaa� stated at this time the�. are askina for input if there are some concerns as to where the delineations need to be. i�layor Lund asked when i�1r. Haukaas spoke about delineation, if he meant how the�� established the areas. i�1r. Haukaas replied that �vas correct. Dr. Burns asked is the study �vould identify the source of the TCE contamination o± w-ells. Mr. Haukaas stated it may help them identify the source. He said it was an issue that had been looked at for quite some time independent of this. Mayor L�md recalled the West Moore Lake contamination with the geese droppings. Mr. Haukaas replied that is the only source that can be determined at this time. He stated they have tested it again and it is back down to acceptable levels. He stated it is going to make a difference where in the lalce you sample the water. Mayor Lund pointed out the study is not about surface water, but about groundwater. Mr. Billings asked how many parts the report consisted of. Mr. Haukaas replied there were 2 parts. ,� Mr. Billings asked if this �vas mandated by the city or mandated by another public entity. Mr. Haukaas stated this is mandated partially by the federal and bv the state. Councilmember BillinQs asked ho�� manv hours the City spent on Part I. Mr. Haukaas guessed a couple of �veeks of man hours. FRIDLEY CITY COUNCIL �IEETItiG OF OCTOBER 28, 2002 PAGE 22 Councilmember Billinas asked ho�� 1on� Part II would take. NIr. Haukaas replied significantiv lon�er. Councilmember Billin�s asked if z��erv municipality in the State �vas doing the same thinQ'? Mr. Haukaas stated ves, every public ��ater supply. Councilmember Billinas stated that in Nlinnesota, monev �vas bein� spent on these e�tra - programs that �vere federal and state mandated. � � 1��Ir. Haukaas replied that he was correct. Councilmember Billinas commented that he thought it would be appropriate to tell our representatives in Washin�ton and St. Paul the cost of this unfunded program. Mayor Lund asked if the program �r�as unfunded. Mr. Haukaas replied that it ��-as. Councilmember Billings stated thev are constantly testing the water to make sure it meets federal standards. He said the federal government keeps requiring less, but they do not provide any funding to help clean up the water. Mr. Harris, 6400 Riverview Terrace. asked if Mr. Haukaas could send him a copy of the report. 20. INFORMAL STATUS REPORTS Councilmember Bolkcom stated over 2,200 people attended the Halloween event at Springbrook Nature Center. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE � OCTOBER 28, 2002, CITY COUNCIL MEETING ADJOURNED AT 10:47 P.M. Respectfiilly submitted, Denise M. Letendre Scott J. Lund Recording Secretary Mayor THE MINUTES OF THE FRIDLEY CITY COLTNCIL MEETING OF NOVEMBER 4, 2002 MINUTES OF THE REGULAR �IEETING OF THE FRIDLEY CITY COL?�,'CIL OF �iOVEi�IBER 4, 2002 The ReQular �teetina of the Fridlev Cit�- Council �vas called to order bv �ta��or Ltind at 7:32 p.m. PLEDGE OF ALLEGI.�NCE: �Iayor Lund led the Council and audience in the Pledge of A11eQiance to the Flaa. ROLL C�LL: 1�IEIVTBERS PRESENT: �ta��or Lund. Councilmember Barnette, Councilmember Billings, Councilmember VVolfe and Councilmember Bolkcom. MEMBERS ABSENT: None. OTHERS PRESENT: William W. Burns, Citv ManaQer Jon H. Haukaas, Public Works Director Frederic Knaak, City Attorney APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. ORDINANCE NO. 1167 ANIENDING CHAPTER 506 OF THE FRIDLEY CITY CODE PERTAINING TO SNOW REMOVAL - VIOLATION AND TOWING. Dr. Burns, City Manager, stated they have made certain that the end date of April 1 for the parking ban was the same throughout the city code. Staff recommended approval of th� ordinance. WAIVED THE READING AND ADOPTED ORDINANCE NO. ll67 ON THE SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. FIRST READING OF �N ORDINANCE AMENDING CHAPTER 6 OF THE FRIDLEY CITY CODE REPEALING THE HUMAN RESOURCES COMiVIISSION. Dr. Burns, City Manager, stated Council had discussed alternative roles for the Human Resotirces Commission on a number of occasions. Each time they concluded that the alternatives were not suitable. Staff recommended approval of the first reading th� ordinance. FRIDLEY CITY COUNCIL �IEETItiG OF NOVEMBER 4, 2002 PAGE 2 THIS ITEVI WAS RE�IOVED FRO�I THE CONSENT AGENDA AND PLACED ON THE REGUL�R AGE:YDA. 3. FIRST READING FRIDLEY CITY COM�IISSION. OF AN ORDI�.a�CE A�IENDIrG CHaPTER 102 OF THE CODE REPE�LIVG THE POLICE CIVIL SERVICE Dr. Burns, City Vlanager, stated the Police Civil Service Commission was oriQinally provided for bv a state statute that was adopted in 1929. Since then, state and federal laws have been adopted that require strict testin; of a11 police officer candidates. The same �aws protect the candidates from discrimination and favaritism. He said in the City's current method of testin�, the Police Civil Service Commission must certify an eligibility list based on wzitten eYam scores. Also, the appointment must be made from the top three persons on the (ist. He said that in the event they were unhappy with one or more of the applicants, they had to �o back to the Police Civil Service Commission and have the name removed from the list. He stated that this took time and often put the City at a disadvantage with other communities who did not have this process. Dr. Burns stated that in view of these facts and the 1999 State legislation that allowed councils to abolish the civil service process bv a unanimous vote, staff recommended that Council amend Chapter 102 of the Fridley City Code in a manner that would strike out reference to the Police Civil Service Commission. WAIVED THE READING AND APPROVED THE ORDINAI�ICE ON FIRST READING. 4. RESOLtiTION NO. 63-2002 DESIGNATING TI'VIE AND NUMBER OF COUNCIL MEETINGS FOR 2003. Dr. Burns, City Manager, stated the 2003 calendar provided for 24 Council meetings, 5 Council conference sessions, 2 budget work sessions, and 4 meetings with other agencies. Staff recommended Council's approval of this resolution. ADOPTED RESOLUTION NO. 63-2002. �. RESOLUTION NO. 64-2002 EXTENDING THE TERM OF THE SOUTHERN ANOKA COUNTY COMMUNITY CONSORTIUM JOINT POWERS AGREEMENT. Dr. Burns, City Manager, stated that the Southern Anoka County Community Consortium was established in 199� to "jointly and cooperatively coordinate the delivery of services, maYimize the use of resources, avoid redundancies, eneoura�e public-private communitv partnerships and develop and fiind programs to promote the general community health and �velfare." He said that one of its main initiatives was to establish and fimd the Values First Pro�=ram. FRIDLEY CITY COtiNCIL i�IEETING OF NOVEYIBER �3. 2002 P�GE 3 Dr. Burns said that the leQislation before Council extended the joint pow-ers aQreement throuah 2004 and pledged the City's tinancial support for the tw-o vears. Fridleti-'s cost is $�,61-� for ?003 and ��,78? for 200�. Staff rec�mmended Cotlncil's appro��al of this resollition. THIS ITE�1 W�S RE1�I0`"ED FRO�I THE CONSE�iT AGENDA A�iD PLACED ON THE REGliLAR AGENDa. 6. vIOTION TO �PPROVE SNO�V RE:�IOVAL OPER�ITIONS POLICIES AND PROCEDtiRES FOR THE CITY OF FRIDLEY FOR THE 2002 THROL!CH 2O03 WINTER SNO`�' SEASOr. Dr. Burns, City Manager, said the plan established the Street Supervisor as ha��inQ direct responsibility for the City's snow removal operations. While plo�ving of "red line" streets �vould normally begin in the early morninQ hours after a sno�vstorm had subsided, the time that a sno�vfall ends, wind conditions, and the severity of the storm would have a bearin� or. the Street Supervisor's decisiun. He said the Police Department would notify the "on duty" person when driving conditions �vere slippery and �varranted the saltinQ/sandin� of intersections. Snow removal would beQin with "redline" streets and move from to local streets. He said it generally took 12-16 hours to complete snowplo�vin�. Once streets �vere cleared, the plowing crews would move to plow the 86 cul-de-sacs and 3� dead-end streets. Sidewalks, alleys and municipal parking lots would also be plo�ved. He said they did not plow bike�vays or asphalt paths. Dr. Burns stated that for snowstorms in which more than 9 inches of snow had fallen, the Street Superintendent would invoke an alternative procedure. This iuvolvec� plowing do��n the middle of streets to open streets throughout the City. Once streets were open, the plo��s �vould then plow curb to curb. Dr. Burns said the City asked for the cooperation of residents in not parking on the streets between November 1 and April 1 between the hours of 2:00 a.m. and 6:00 a.m. He said violators would be ticketed and were subject to towing. Staff recommended Council's approval of this plan. APPROVED SNOW RENIOVAL OPERATIONS POLICIES AND PROCEDURES FOR THE CITY OF FRIDLEY FOR THE 2002 THROUGH 2O03 WINTER SNOW SEASON. 7. APPROVE THE INSTALLATION OF "NO PARKING SIGNS. Dr. Burns, City Manager, stated the Police Department requested the installation of "No Parking" signs on the East Hi�hway 6� Service Dri��e between Osborne Road and the southern boundary of the W�ndy's property located at 7601 East High�vay 6� S�rvice Drive. He said that drivin� conditions become difticult at times �vhen adjacent businesses �enerate on-street parking. He stated the Police Depar�ment also requested that parking be remo��ed FRIDLEY CITY COIJNCIL MEETING OF NOVEI�IBER 4, 2002 PAGE -1 on the south side of Gardena Avenue trom �Iatterhorn Drive to Tennison Drive. He indicated that remo��al of parking in that area will help to improve sight lines for traffic pulling out of �Iatterhorn Drive ontc� Gardena Avenue. Staff recommended Council's approvai. APPROVED. 8. APPROVE CHANGE ORDER NO. 1 T'O THE 2002 NIISCELLANEOUS CONCRETE REPAIR PROJECT NO. 34-�. - Dr. Burns. City° �VlanaQer, stated additional concrete work was required this year for areas _ around Flanery Park where sewers �ti�ere repaired. They also found the need to replace concrete curbs and gutters in the area of the 2002 sealcoat pro�ram. and some settled concrete panels on Innsbrook Drive. He said the cost of these items eYCeeded the contract with Ron Kassa Construction by $10,�44.06. Nlost of the cost was offset by money from benefitinQ property owners who escrowed $8,110.30 for concrete work. Staff recommended Council's approval of this change order. APPROVED. 9. APPOINTI�IENT OF CRAIG HANSON TO THE POSISITON OF PUBLIC SERVICES WORKER-SEWER. Dr. Burns, City Manager, stated that staff recommended that this item be pulled from tonight's agenda. THIS ITEM WAS REMOVED FROM THE AGENDA. 10. CLAIMS AUTHORIZED PAYMENT OF CLAIM NOS. 108276 THROUGH 108363. ll. LICENSES APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN T�IE LICENSE CLERK'S OFFICE. FRIDLEY' CITY COL'NCIL vIEETING OF NOVEVIBER 4, 2002 P:�GE � 12. ESTIi�I �TES APPRO�ED THE ESTIVIATES �S FOLLO�tiS: w�.B. �liller 6701 tiorris Lake Road �;��' Elk River, ti1�,' ��3�0 200? Street Improvement Project �io. ST. 2002 — 1 Estimate No. 9 tio persons in the audience spoke regardina the consent agenda items. � 6.=�91.�=� VtOT'ION bti Councilmember Barnette to remove Items 2 and � and place them on the re�ular agenda and to remove Item 9 from the consent aQenda. Seconded b�� Councilmember Wolfe� UPON A VOICE VOTE, ALL VOTING AYE, i�IAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. �DOPTI01� OF AGENDA: MOTION bv Gouncilmember Bolkcom to adopt the agenda, with the addition of Items 2 and �. Seconded bv Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, i�IAYOR LUND DECLARED THE NIOTION CARRIED UNANIMOUSLY. Dr. Burns, City Manager, clarified some election procedures. He said absentee ballots could no longer be picked up. He said people could drop them off until 8:00 p.m. on election day. He stated that there were 20 different ballots for the 13 precincts. The ballots would have a red "X" marked over the "senate" section, and there would be a suppletnental ballot for the senate seat. The main ballots would be machine-counted and the supplemental ballots would be hand-counted. He said local results would be braadcast on Channel 17 between 9 p.m. and 10 p.m. Count�� results ��ould be available on the Anoka County w-eb site and state�vide results would be available on the State's web site. Councilmember Bolkcom asked if City Hall wolild be open until 8:00 p.m. on election day. Dr. Burns replied that City offices would be open until 7 p.m. He said the election staff would be there until after 8 p.m. FRIDLEY CITY COtiNCIL vIEETING OF NOVEMBER -�, 2002 PAGE 6 NE�V BUSINESS: 2. FIRST RE �DING OF A�; ORDI�ANCE a�TENDItiG CHAPTER 6 OF THE FRIDLE�' CITY CODE REPEALI�G THE HLrNIA�; RESOURCES COi�IVIISSI0i�1. Councilmember Billings inquired about Chapter 6 of the Citv Code. He said it was his understanding that when they made a chanQe in the ehapter re�arding the Human Rzsources Commission, the chanQed needed to be made in 6.03, Section -�. ��IOTION by Councilmember Billin,s to table this item. Seconded Councilmember Barnette. L�PO�I A VOICE VOTE, ALL VOTI�iG AYE, iV1AYOR LUND DECLARED THE vIOTION CARRIED L'NANIMOUSL�'. 5. R.ESOLUTION NO. b4-2002 EYTENDING THE TERivI OF THE SOUTHERl�1 ANOKA COUNT�' CONINIUNITY CONSORTIL'1�1 JOINT POWERS AGREEMENT. Councilmember Billings asked if thev had previousiv approved a two-year estension of this agreement. Dr. Burns, City Manager, stated that they had. Councilmember Billings stated that he noticed the budget �vas $38,798 of which $36,693 w�as for a staff person and the remaining amount of $2,100 must be for supplies. He wondered if there is a report to show w�hat the City w-as getting for its share of the $37,000 plus the part- time salary. He said the cover letter from Anoka County stated the Consortium recommended a two-year contract. He said the salary for the staff person in 2003 would be $36,693 and in 2004, $37,794. He said that in the same paragraph, it mentioned the position was 25 hours per week with 20 hours going toward the community values program and 5 hours going toward the Southern Anoka County Community Consortium. Councilmember Barnette stated that he can guarantee the person working in that position is putting in more than 2� hours per week. He said he thouaht the work done ��-as very� good for the community. � Mayor Lund asked Councilmember Billings if he would like the item tabled. Councilmember Billings replied that since Councilmember Barnette was involved with the committee, if he felt that that the $5,600 contributed by the City of Fridley was well spent, he would not ask that this item be tabled. Councilmember Barnette sta�ed the committee is very pleased with what is bein� done. FRIDLEY CITY COUNCIL I�IEETI�iG OF NOVEMBER �, 2002 PAGE 7 C�uncilmember Billings asked �vhat the difference was bet�veen Values First and the Southern Anoka County Communitv Consortium. Councilmember Barnette e�p(ained that the Consortium is made Lip of individuals from �avernment bodies in the southern part of Anoka Count� and staff from Anoka Countv. He said they met to discuss w�a�-s to promote the county and to tind out �vhat is Qoin� on. He said Values First included members from the cities of Fridley, Columbia Heiahts, and Hilltop. They met to try to promote seven core values that were established �r�hen the committee was first formed. �10TION by Councilmember Barnette to approve the Southern Anoka Counri� Community- Consortium Joint Powers Agreement for t�vo years from 2002 to 2004. Seconded bv Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, NIAYOR LUND DECLARED THE NIOTION CARRIED UNANINTOUSLY. 13. INFORMAL STATUS REPORTS. Tl�ere were no informal status reports. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE NOVEMBER 4, 2002, CITY COUNCIL MEETING ADJOURNED AT 8:02 P.M. Respe� tfully submitted, Denise M. Letendre Scott J. Lund Recording Secretary Mayor THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 2002 THE 1�IINUTES OF THE REGULAI2 i�TE�TING OF THE FRIDLEY CITY COUNCIL OF NOVEI�IBER 7, 2002 The Re�ular �leetin� of the Fridlev Citv Council �vas called to order bv �Iavor Lund at 7:�0 p.m. " " . . PLEDGE OF ALLEGIANCE: 1�layor Lund led the Council and audience in the Pledge of Alle�iance to the F�a�. ROLL C aLL: vIENIBERS PRESENT: Nla��or Lund, �ouncilmember Barnette, Councilmember Billinas, and Councilmember Bolkcom. � �IENIBERS ABSENT: Cotmcilmember Wolfe. ADOPTION OF AGENDA: MOTION b�� Councilmember Councilnlember Billir.gs to adopt tlie aQenda as presented. Seconded b� Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECL�RED THE MOTION CARRIED UNANIi�IOUSLY. OPEN FORUI�I, VISITORS: There was no response from the audience under this item of business. NEW BUSINESS: 1. RECEIVE AND CERTIFY THE STATEMENT OF CANVASS FOR THE CITY OF FRIDLEY FROM THE GENERAL ELEC'TIQN QF NOVEMBEI� 5. 2002. Ms. Skogen outlined the results of the election in the City of Fridley. MOTION by Councilmember Steve Billings to receive the Statement of Canvass. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE NTOTION CARRIED UNANIVIOUSLY. FRIDLEY CITY COUNCIL i�IEETI�iG OF NOVEMBER S, 2001 PAGE 2 ADJOURN: v10TION bv Councilmember Billings to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE �"OTE, �LL VOTIrG AYE, MAYOR LUND DECLARED TF-IE NOVENIBER 7, 2002, CITY COUNCIL vIEETING ADJOtiRNED AT 7:32 P.M. Respectfully submitted. Debra A. Sko�en City Clerk Scott J. Lund tilayor / � CtTY OF FRIDLEY TO: FROi�L• SL'�BJECT: DATE: AGENDA ITEM CiTY COUNCIL MEETING OF NOVEMBER 18, 2002 William W. Burns. City �Ianager '�� - David Sallman, Director of Public Safety Police Civil Service Commission November 1�, 2002 The request to dissolve the Police Civil Service Commission was placed in this year's Couneil/Commission Survey and was approved during that process and discussion. The Police Civil Service Commission met on Julv 30, ?�02, and unanimously approved a motion to dissolve the Civil Service Commission effective January 1, 2003. It should be noted that this request is not a reflection on the current members. They have served in their positions honorably and taken their responsibilities seriously. They also reco�nize that the Civil Service Commission is no longer necessary to achieve the original goals and that it has in fact become an impediment to recruiting and keeping the best qualified persons possible for the position of police officer with the City of Fridley. Fridley Ordinance 102.01 adopts Minnesota Statute Chapter 419 by reference, which provides for a Police Civil Service Commission. Chapter 419 �vas enacted in 1929 and has not been changed sianificantly since that time. The State legislature has, however, provided for a reasonable method by which the City could dissolve the Civil Service Commission. Prior to 1999 the requirement was to hold a public referendum and require a 2/3 majority of those votes cast to abolish the commission. In 1999, the Legislature provided for a unanimous vote by the governing body (the City Council in our case). The first reading of the attached ordinance was held on November 4, 2002. Staff recommends approving the second reading. Attachment � ORDI:v:�ti'CE NO. aN ORDINa�;CE A�%1ENDI�iG CHAPTER 10? OF THE FRIDLEY CIT�' CODE REPEALING THE CIVIL SERVICE CO�Iti�[ISSION T'HE CITY COUNCIL OF THE CIT'Y OF FRIDLEY HEREBY FINDS AND ORDAIIVS. AFTER REVIEW, EYAMIN�TION AND ST'AFF RECOMMENDATION TEIAT' CHAPTER 102, POLICE, OF THE FRIDLEY CITY CODE BE Ay1ENDED AS FOLLOWS: That Chapter 10? of the Eridley City Code is hereby amended as follo�vs: 1117 (11 P(li T('Ti' ('!l\i'�,iTCCTlIN R�r' CT �TTiTTi' 1?T+FTi'Rli\Tf'T+' � rr ..t. n' _fT`W.]1._ :F,.,.♦ .+1.,. F,.I1 pT Pl�T 1 (RPCnli�tinn -�r�.�r�tnri 1/i��71 102.0�1. DISPOSAL OF LOST AND STOLEN PROPERTY 102.0�2. ABOLISHI�IENT OF THE POSITION OF CHIEF OF POLICE 102.0�3. POLICE PENSIONS lOZ.0a4. SEVERABILITY PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2002. ATTEST: Debra A. Skogen, City Clerk First Readins: November 4, 2002 Second Reading: November IS, 2002 Publication: 2 Scott J. Lund, Mayor � AGENDA ITEM � COUNCIL MEETING OF NOVEMBER 18, 2002 CfTY OF FRIDLEY �� TO: WILLIAM W. BURNS, CITY MANAGER�� ' :/ / 1 FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR �� CRAIG A. ELLESTAD, ACCOUNTANT SUBJECT: MODIFICATIONS TO THE 2002 BUDGET DATE: October 31, 2002 Attached you wiil find a resolution amending appropriations to the 2002 budget in accordance with the City Charter. The adjustments listed have arisen as a result various donations, unforeseen expenditures and revenues, and reclassification of account codings. You have informally approved all adjustments through the Budget reappropriation form. We request that the Council approve the amendment of the attached budgets. RDP/ce Attachment 3 Resolution # - 2002 A RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND FOR JANUARY THRU OCTOBER, 2002 WHEREAS, the City of Fridley has invoived itseif in initiatives that provide for future charges and modifications that will allow for a better delivery of service, and WHEREAS, the City of Fridley had not incorporated these and other necessary changes into the adopted budget for 2002. NOW, THEREFORE, BE IT RESOLVED that the foilowing funds will be amended as follows: GENERAL FUND REVENUE ADJUSTMENTS Police-Reimbursement Police-Reimbursement Police-Reimbursement Polic�Donations Police-Donations Fire-Donations Fire-Donations Recreation-Donation Recreation-Donation Recreation-Donation Reserve-Transfer Out APPROPRIATION ADJUSTMENTS Polic�Other Services & Charges Police-Other Services & Charges Police-Supplies Police-Suppiies Police-Supplies Police-Other Seniices & Charges Police-Other Services & Charges Fire-Supplies Fire-Supplies Recreation-Other Services & Charges Recreation-Other Services & Charges Recreation-Other Services & Charges Muni Center-Capital Outlay 15,272 POST-State of Minnesota 9,512 Insurance Pymt- Squad 390 1,015 State For Bullet-Resistant Vests 3,952 Various Donations 475 Community Center-Minco 25 Individual Donation 1,000 Anoka Telephone Pioneers 500 Blaine/Fridley Jaycees 500 Lions Club 1,000 American Legion Post 303 12,500 Lowering Reserve Fund Z�1 15,272 POST Training 9,512 Repair of Squad 390 1,015 Bullet-Resistant Vests 1,373 Safety Camp Supplies 2,433 Safety Camp Supplies 146 Safety Camp Rentals 475 Rentals 25 Supplies 1,000 Supplies 500 2002 Winterfest 500 2002 Winterfest 1,000 49'ers Days 12,500 Clearence Signs-Pedestrian Bridge !�'� L: 7 GRANT MANAGEMENT FUND REVENUE ADJUSTMENTS Transfer In From Storm Water 8,610 City Match For Springbrook Grant :. � STORM WATER FUND APPROPRIATION ADJUSTMENTS " Transfer Out To Grant Management 8;610 City Match For Springbrook Grant 8.610 CAPITAL IMPROVEMENT FUND GENERAL CAPITAL IMPROVEMENT REVENUE ADJUSTMENTS Fund Balance 16,156 Relamp Municipal Center 1 1 APPROPRIATION ADJUSTMENTS Services Contracted 16,156 Relamp Municipal Center 1 1 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CIiY OF FRIDL�Y THIS 18TH, DAY OF NOVEMBER, 2002. ATTEST: DEBRA A. SKOGEN - CITY CLERK �J SCOTT J. LUND - MAYOR � AGENDA ITEM COUNClL MEETING OF NOVEMBER 18, 2002 CffY OF FRIDLEY d TO: WILLIANI W. B URNS, CITY MANAGER �� n FRONI: RICHARD D. PRIBYL, FINAIVCE DIRECTOR �'�� SUB.7ECT: SEWER RATE INCREASE FOR 2003 Date: November 14, 2002 As part of the budget work done this year, we indicated that the Sewer Utility Fund would require a rate increase for 2003. Even with this rate increase we are projecting this fund to end the year with an operating deficit. We are recommending an increase for 2003 in the amount of 3.8 % based on the local initiative that limited the amount we can raise the rates. We are recommending that the water rates be increased to $2.37 per thousand gallons. This increase would be effective the first billing in January of 2003. Staff is recommending the sewer rate change for 2003. RDP/me Attachment 0 RESOLUTION N0. - 2002 RESOLUTION PROVIDING FOR SEWER RATE INCREASES WHEREAS, Section 402.13 of the City code provides that the City Council shall have the authority to set sewer rates, and Whereas, based on the increases of disposal of sanitary sewer costs, the rate increase of 3.8% is being passed through to the sanitary sewer utility customers. NOW THEREFORE, BE IT RESOLVED, that the following sewer rate schedule shall be effective with the first billing in 7anuary, 2003. CONSUMPTION MINIMUM MINIMUM PROPERTY CLASS BASIS HAR E CONSUMPTION "Single Family" Winter Quarter 328.44 12,000 Dwelling (incl Water Usage Gallons Townhomes) Commercial/Indust Non-Profit Entity including Schools Multiple Dwellings (including Trailer Courts) Qualifying Disabled and Senior Citizens Current Quarter $59.25 Water Usage Current Quarter $59.25 Water Usage Winter Quarter Water Usage Winter Quarter Water Usage �59.25 Maximum of $23.70 25,000 Gallons 25,000 Gallons 25,000 Gallons No Minimum Maximum of 10,000 Gallons All consumption in excess of the minimums stated above will be charged at a rate of $2.37 per thousand gallons. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 18`h DAY OF NOVEMBER, 2002. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR % / � C1TY OF FRIDLEY TO: FRO�I�I: S UBJECT: AGENDA ITEM COUNClL MEETING OF NOVEMBER 18, 2002 WILLIA111 W. BURNS, CITYI�IANAGER ;�-1�� RICHAIZD D. PRIBYL, FINAIVCE DIRECTOR �' STORI�i WATER RATE INCREASE FOR 2003 Date: �'�'ovember 14, 2002 As part of the budget work dcne this year we indicated that the Storm Water Fund would require a rate increase for 2003. This fund is projected to be operating at a loss without an increase. We are recommending an increase for 2003, but because of the recent local initiative we are limited to an increase of 3.8%. We are recommendin; that the REF factor be increased to $9.06 per quarter. You might recall that a residential lot was defined to be 1/3 of an REF acre. The quarterly cost for storm water would then be $3.02 per quarter for a residential lot. This increase would be effective the first billing in January, 2003. Staff is recommending the storm water rate change for 2003. RDP/me Attachment : RESOLUTION NO. - 2002 RESOLUTION PROVIDING FOR A STOR1tiT WATER DRAINAGE R�TE CHANGE �VHEREAS, Section 402.13 of the City Code provides that the City Co�mcil shall have the authoritv to set the storm water drainage fee by resolution, and Whereas, the expenses associated with the maintenance of the storm water system have increased, and WHEREAS, the City has indicated a desire to provide for proper maintenance and improvements to the storm water drainage system, and `�'HEREAS, both the maintenance and improvements have been outlined in the City's Budget and Capital Improvement Program, and WHEREAS, the new rate is to be effective with the January, 2003 billing. NOW THEREFORE, be it resolved, that the following storm water drainage rate for all customers shall be $9.06 per quarter per REF-acre. PASSED AND ADOPTED BY THE CITY COU�iCIL OF THE CITY OF FRIDLEY THIS 1 g`n DAY OF NOVEMBER, 2002. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR � ` AGENDA ITEM COUNCIL MEETING OF NOVEMBER 18, 2002 CfTY OF FRIDLEY � �G TO: WILLIAM W. B URNS, CITY MANAGER �� (� FR0�1�i: RICHARD D. PRIBYL, FINANCE DIRECTOR � SUBJECT: WATER RATE INCREASE FOR 2003 Date: 1Vovember 14, 2002 As part of the budget work done this year we indicated that the Water Fund would require a rate increase for 2003. This fund is projected to end the year of 2003 with an operating deficit even with the requested rate increase. We are recommending an increase for 2003, but because of the recent local initiative to limit the amount we can increase the rates, it will be limited to 3.8%. We are recommending that the water rates be increased to $1.08 for the consumption under 5,000,000 gallons and $1.13 for consumption over 5,000,000 gallons per quarter. This increase would be effective the first billing in January of 2003. Staff is recommending the water rate change for 2003. RDP/me Attachment � RESOLUTIO�i �i0. - 2002 RESOLtiTION PROVZDING FOR WATER RATE CHA:�IGE WHEREAS, Section -�02.13 of the City Code provides that the City Council shall have the authority to set water rates by resolution, and WI-IEREAS, inereases in operaring costs since the last water rate increase in 2001 have necessitated an inerease in rates limited to an increase of 3.8°/a. ��`HEREAS, the rates are to be effective with the January, 2003 billin;. �iO�V THEREFORE, be it resolved, that the following water rate schedule for all customers escept those qualifying for the low income senior cirizen and disabled citizen rate shali be as follows: WATER RATE SCHEDliLE 0 - �,000,000 $1.08/1,000 GaL'Vlinimum $12.96 OVER - 5,000,000 $1.13/1,000/Gal BE IT FURTHER RESOLVED, that the City Council hereby provided a reduced rate schedule for qualifying low income senior citizens and disabled citizens as foilows: SENIOR CITIZEN RATE SCHEDULE 0 - �,000,000 $.8U1,000 Gal/i�Sinimum �9J2 The following criteria must be set to qualify for the low income senior citizen rate: l. The senior citizens must occupy single family or double bungalow units. The senior citizen rate does not apply to apartments, commercial, industrial, institutional, or other. 2. The customer or person having responsibility for payment of the water charge must be sixty two years of age or older and must provide a copy of a valid Minnesota Driver's License or receipt thereof, or a Minnesota Identification Card or a receipt thereof with current address for proof of age. 3. The person must certify that the total household income is less than the low income level defined by the Department of Housing and Urban Development. One method of verificarion may include reviewing a copy of the past year's Federal Tax Form. The following criteria must be met in order to qualify for the low income disabled citizen rate: 1. Disabled citizens must provide a copy of an award letter from the Social Security Administration indicaring that the individual is one hundred percent (100%) disabled. 2. The person must cerrify that the total household income is less than the low income level defined by the Department of Housing and Urban Development. One method of verificarion may include reviewing a copy of the past year's Federal 1040 Tax Form. PASSED AN� ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 18TH DAY OF NOVEtiIBER, 2002. �.TTEST: DEBRa A. SKOGEN - CITY CLERK SCOTT J. LU�iD - i�1AYOR � � �,-� oF FRIDLEY Datz: To AGENDA ITEM CfTY COUNCIL MEETING OF NOVEMBER 18, 2002 November 12, 200? William Btuns, Ciry Mana�er � � `� Fcom: Scott Hickok, Community Development Director Paul Bolin, PlanninQ Coordinator Julie Jones, Environmental Planner Subiect: SWAP Fee Increase Background Durinv this past bud�eting process, it became obvious that we must increase the recycling service fee as much as allowable in 2003 in order to reducz the deficit in the Solid Waste Abatement Program fund as much as possible. The primary reason why we need to increase the fee is that our curbside recycling contract costs wi11 increase �% in Apri12003. In addition, we expect a 10% redtiction in (State) SCORE fiandin� this year, which is passed on to us by Anoka County. Removal of the cost of providing recycling drop off days from the budget has been factored into staff's calculations. Staff recommends that the City increase the recycling service fee the full amount possible, which is 3.8%. This would increase the recycling service fee from $5.'73/quarter to �5.95/quarter. This is a$.88 annual increase per residence. Adoption of this proposed fee increase still leaves the Solid Waste Abatement Program fund operating in a deficit in 2003. Recommendation Staff recommends that the City Council adopt the attached resolutien, directing staff to increase the recyclinQ service fee to �59�iquarter effective with the January 1, 2003, utility billing. M-02-134 12 RESOLUTION NO. -2002 A RESOLUTION APPROVING RECYCLING SERVICE �EES WHEREAS, State Statute 115A.552, Subdivision 2, requires the City of Fridley to provide, at minimum, curbside recycling services; and WHEREAS, the City of Fridley has chosen to provide Fridley residents with recycling services, including curbside recycling and a yard waste transfer site; and WHEREAS, the State provides only partial funding to subsidize the City's recyciing efforts so that the remaining costs must be paid by the user of such services. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fridley that the per dwelling unit service fee charged to all single through 12-unit multi-unit residential buildings serviced by the City's residential recycling service contract in the City be set at $5.95 per dwelling per quarter effective with the January 1, 2003, utility billing. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 18T�' DAY OF NOVEMBER, 2002. ATTEST: DEBRA A. SKOGEN — CITY CLERK 13 SCOTT J. LUND - MAYOR ! � CfTY OF FRIDLEY TO: FRO�I: AGENDA ITEM ClTY COUNCIL MEETING OF NOVEMBER 18, 2002 WILLIA.NI W. BURNS, CITY MANAGER t� � � RICH a.RD D. PRIBYL, FINANCE DIRECTOR <:.� SUBJECT: 2001 STREET IMPROVEMENT PROJECT DEFERRED ASSESSMENT DATE: August 7, 2002 The City has received an application for a special assessment deferral from Shelley A. Garber of 5800 Tennison Drive. The application is for the 2001 Street Improvement Assessment. Ms. Garber's property �vas assessed � 1,002.66 for this improvement. According to Resolution 14 — 1995, A Resolution Defemng Special Assessment Payments For Senior Citizens, Ms. Garber meets the following qualifications: The property is homestead. Ms. Garber is 65 years of age or older. Ms. Garber has filed the appropriate application. Ms. Garber's household income falls below the VERY LOW INCOME threshold of $26,850 as defined by the Federal Income Limits for the Community Development Block Grants. We recommend that Council make a motion to approve the deferral of the 2001 Street Improvement Assessment for Shelley Garber's property at 5800 Tennison Drive NE (PIN# 24-30-24-24-0039). 14 / a C1TY OF FRIDLEY TO: FRO�1: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 18, 2002 � �Villiam W. Burns, City Nlanager �(� �l� Jon �-�'Haukaas, Public �Vorks Director �ovember 14, 2002 Change Order No. 1 to the Pedestrian Bridge Replacement Project P�V02-091 During the initial design of the Pedestrian Bridge replacement, the consultant missed including replacement of the railings along the driveways below the bridge. These railings were destroyed when the precast bridge planks were pushed off their support piers and fell to the ground. The contractor has agreed to install the railings at his original unit prices. The net cost is $849.�2 and will be included in the costs submitted to the driver's insurance carrier for reimbursement. Recommend the City Council appr•ove Change Order No. 1 to the Pedestrian Bridge Replacement Project No. 341 to Gladstone Construction Company in the amount of $849.52. JHH:cz 15 � CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNNERSITY AVEi�TUE N.E. FRIDLEY, MN 55432 November 18, 2002 Gladstone Construction Inc. 1315 Frost Ave St Paul, ;�1N 55109 SUBJECT: Change Order No. 1, Pedestrian Bridge Replacement Project No. 341 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the Pedestrian Bridge Replacement Project No. 3341 by adding the following work: Addition: Item 1 Replace handrails on lower level below bridge TOTAL CHANGE ORDERS: Original Contract Amount Contract Additions - CO No. 1 REVISED CONTRACT AMOUNT Quantity Price 1 LS 849.52 Subtotal 16 Amount 849.52 849.52 50,648.00 849.52 $ 51,497.52 Gladstone Construction Inc. Change Order No. l November 18, 2002 Page 2 Submitted and approved by Jon H. Haukaas, Public Works Director, on the 14th day of November, 2002. !�• � i �'��U Prepared by / ��_�- �� he ked by � Jon H. Haukaas, P.E. Director of Public Works Approved and accepted this day of , 2002 by GLADSTONE CONSTRUCTION, INC. Approved and accepted this 18th day of November 2002 by CITY OF FRIDLEY Scott J. Lund, Mayor William W. Burns, City Manager 17 / � CfTY OF FRIDLEY TO: FROti1: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF 18 NOVEMBER 2002 � �Villiam `V. Burns, City Nlanager �(� ��, �� T Jon�H Haukaas, Public Works Director tiovember 14, 200� Additional Payment to Oertel Architects for Reimbursable Expenses P�V02-090 The architect for the 1�lunicipal Garage Expansion Project has submitted a request for payment of additional expenses incurred in providing sets of plans and specifications to bidders. Oertel Architects proposal itemized $2,000.00 in reimbursable expenses for production of these documents. They incurred substantially increased expenses due to the number of contractors interested in our project. Oertel Architects have receipts totaling $4,295.46 in actual costs for the production of bids and construction documents and are requesting reimbursement for the difference. As these expenses are unexpected but documented and are legitimate project costs, their request is reasonable. Recommend the City Council approve additional payment of reimbursable expenses to Oertel Architects for the production of bid and construction documents in the amount of $2,295.46. JHH:cz : r � cmr oF FRIDLEY TO: FRO�1: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF 18 NOVEMBER 2002 ��'illiam W. Burns, Ciry Manager c�� Jon . Haukaas, Public �Vorks Director �iovember 1, 2002 Settlement of Fridley vs Lametti Lawsuit PW02-092 The City of Fridley has been in litigation with Lametti & Sons, Inc. and ThermoRetec Corp over damages to the city sewer interceptor line and subsequent backups at Cameron Ashleti� and �PI due to problems in August oF 1999 during a construction project in the Northto�vn Rail Yard. Early on it was decided that se��eral parties were at fault and the citv should try to recover damages to a point where we were paying �0% or less of the costs � of repair and damages. The matter is no�v settled through the liti�ation process and through mediation. The total cost for damages and repairs was �106,79�.37 of �vhich the city ultimately paid �49,494.1� or approximately 46%. The other half was shared by Lametti & Sons at $2�,301.22, their engineers, ThermoRetec Corp at �22,000 and the LiVIG Insurance Trust at � 10,0�0. Recommend the City Council approve the mediated settlement agreement so we may put this matter to rest. JHH:cz �� 1 � CJTf OF FRI�LEY f� .FtiiL� AGENDA ITEM C1TY COUNCIL MEETING OF NOVEMBER 18, 2002 Appointment Starting Position Sa1ary Craig Public Services $17.24 Hanson Worker - Sewer per hour Non-exempt 20 Starting Date Replaces Nov.19, Robert 2002 Small � AGENDA ITEM � COUNCI� �1IIEETING OF NOVEMBER 18, 2002 CfTY dF FRIDLEY CLAIMS �08366-�08588 21 / � CfTY OF FRIQLEY AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBEFZ 18, 2002 Tvpe of License TREE REi�IOVAL Over Grown Tree 1 � 165 Naples St Ham Lake, NI�v' �5304 LICENSES Bv LawTence Sahr 22 Approved Bv Public Works Fees �40 r--- r, ; r; M� ; � City of Fridle AGENDAITEM City Council Meeting Of Monday, November 18, 2002 � Gas Services Minnesota Heating & AC 10701 93 Ave N#B Jeff Sturges Maple Grove N1N 55369- General Contractor-Commercial C M Construction Co 12215 Nicollet Ave S Kirk Lau Burnsville MN 55337- Osborne Builders Inc (20169386) 5869 Hackmann Ave NE John Osborne Fridley MN 55432- General Contractor-Residential Career Homes Inc (20057634) 768 lone Ave Tom Kirberger Spring Lake Park MN 55432- Creative Homes Realty (20205186) 4616 5 Street NE Timothy Niznick Columbia Heights MN 55421- Four Seasons Bldrs 8� Remodelers (20153478) 1410 Quant Ave N Darrell Marine on St Croix MN 55047- Mastercraft Exteriors Inc (20172626) 5976 Hobe Lane Joel Peterson St Paul MN 55110- Triple R Construction Co (4307) 3708 Tonkawood Rd Richard Rindahl Minnetonka N1N 55343- 23 Approved Bv: Ren Julkowski Buildirg O�cial Ron Julkowski Building Official Ron Julkowski Building Official State of MN State of MN State of MN State of MN State of MN Heatina Minnesota Heating 8� AC 10701 93 Ave N �B Maple Grove MN 55369- Plumbina Mr. Rooter Plumbing 2800 Campus Dr STE 40 Plymouth MN 55441- Nordstrom J Plumbing 4820 69 Ave N Brooklyn Park Mn 55429- Roofinq McPhillips Bros Roofing Co 2590 Centennial Dr St Paul MN 55109- � Jeff Sturges Cordell Johnston Jay Nordstrom Pat Peterson IZ ] Approved Bv: Ron Julkowski Building Official State of MN State of MN Ron Julkowski Building Official � ` CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETiNG OF NOVEMBER 18, 2002 ESTIMATES � Ron Kassa Construction 6005 — 2�0`� Street E Elko, i�I:�; > j 0' 0 200? Miscellaneous Concrete Repair Project No. 344 FINAL ESTIMATE ............................................................................ � 4,640.48 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, i�1i�1 55432-4381 Services Rendered as City Prosecuting Attorney for the Month of June, 2002 ............................................ 25 $ 20.2�9.00 CI�TY OF FRIDLEY PUBLIC WORKS DEPARTi�1ENT ENGINEERI�'G DMSION 6431 University Avenue N.E. Fridley, Minnesota 55432 Honorable Mavor and City Council City of Fridley c/o William W. Burns, City Manager 6431 University Avenue N.E. Fndley, MiV »432 Council Members: November 18, 2002 CERTIFICATE OF THE ENGINEER We hereby submit the Final Estimate for 2002 Miscellaneous Concrete Repair Project No. 344, for Ron Kassa Construction, 6005 250`� Street E, Elko, N1N 55020. We have viewed the work under contract for the construction of Project 344 and find that the same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Honorable Body and that the one year contractual maintenance bond commence on November 15, 2002. Respectfully submitted, Jon H. Haukaas Director of Public Works JT:cz Prepared by: Checked by: 26 November 13, 2002 To: Public �Vorks Director Citv of Fridlev REPORT ON FIiv'AL INSPECTION FOR CITY OF FRIDLEY 2002 NIISCELL�vEOUS CONCRETE REPAIR PROJECT NO. 344 We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and specifications of the project. All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIMATE for the contractor and the one-year maintenance bond, starting from the day of the final inspection that being November 15, 2002, Jon Thompson, Construction Inspector Contractor Representative, (Title) 27 November 18, 2002 City of Fridley 2002 MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 344 CERTIFICATE OF CONTRACTOR This is to certify that items of the work shown in the statement of �vork certified herein have beenactually furnished and done for the above-mentioned projects in accordance with the plans and specifications heretofore approved. The final contract cost is $74,020.51 and the final payment of $4,640.48 for the improvement project would cover in full, the contractor's claims against the City for all labor, materials and other work down by the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. Ron Kassa Construction Ron Kassa, President : 0 November 1�, 2002 City of Fridley 2002 NiISCELLAi�tEOUS CONCRETE REPAIR PROJECT NO. 344 PREVAILING WAGE VERIFICATION This is to certify that Ron Kassa Construction has abide� by the Prevailing Wage Provisions as specified by the Minnesota Department of Labor and Industry for Anoka County. I declare under the penalties of perjury that this statement is just and correct. Ron Kassa Construction Ron Kassa Constnzction 29 FROM: City of Fridley Engineering Division TO: Honorable Mayor and Ciry Council City of Fridley 6431 University Ave, NE Fridley, MN 55432 Dated: November 18, 2002 CITY OF FRIDIEY PUBLIC WORKS DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MINNESOTA 55432 Estimate No. FINAL Period Ending: November 15, 2002 FOR: Ron Kassa Construction 6005 250th Street East Elko MN 55020 2002 MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 344 Job Code: STATEMENT OF WORK Quantity Cost Total Estimated Unit This This Quanty Total Cost Contract Item Quanti Unit Price Estimate Estimate To Date To Date Remove and replace concrete curb & gutter 2,500 LF 15.95 62.00 988.90 3,169.00 50,545.55 Remove & replace concrete curb & gutter 150 LF 10.80 0.00 0.00 0.00 0.40 (same as Item #1 but less than 85 LF) Remove and Replace concrete Walk (4 in.) 4,500 SF 3.00 0.00 0.00 1,719.00 5,157.00 Remove and Replace 36 in. Concrete Valley Gutter (6 in.) 125 LF 9.75 0.00 0.00 129.00 1,257.75 Remove and Replace Concrete Drive (6 in.) 750 SF 3.65 0.00 0.00 1,283.73 4,685.61 Remove and Replace concrete Panel (8 in.) 100 SY 36.50 0.00 0.00 339.03 12,374.60 SUBTOTAL �988�90 TOTAL SUMMARY Original Contract Amount Contract additions: CO #1 Contract deductions: CO #1 Revised contract amount Value Completed To Date Amount Retained (0%) Less Amount Paid Previously AMOUNT DUE THIS ESTIMATE $63,501.25 21,407.06 (10,863.00) 74,045.31 74,020.51 0.00 69,380.03 $4,640.48 30 574,020.� 1 �on Kassa Consiurction 2002 Miscel. Concrete Repair Project No. 344 Estimate No. FINAL CERTiFiCATE OF THE CONTRACTOR i hereby ce�tify that the work performed and the matenais supplied to date under the terms of the contract `or this project, and all authorized changes thereto, have an actual value under the contract of the amounts shown on this estimate (and the final quantities on the finai estimate are correct), and that this estimate is just and correct and no part of the "Amount Due This Estimate" has been received. 3y Contractor's Authorized Representative (Title) . CERT1FiCATE OF THE ENGINEER I hereby certify that I have prepared or examined this estimate, and that the contractor is entitled to payment of this estimate under the contract for reference project. CITY OF FRIDLEY, INSPECTOR By Checked By 31 Date Respectfully Submitted, Jon N. Haukaas Public Works Director � � �4GENDA ITEM �QF CITY COUNClL MEETING OF NOVEMBER 18, 2002 FRIDLEY INFORMAL STATUS REPORTS 32