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05/20/2002 - 00024389THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 20, 2002 The Regular Meeting of the Fridley City Council was called to order by Mayor Pro Tem Barnette at 7:35 p.m. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Barnette led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Pro Tem Barnette, Councilmember Billings, Councilmember Wolfe, and Councilmember Wolfe MEMBERS ABSENT: Mayor Lund. PROCLAMATIONS: Public Works Week: May 20 - 26, 2002 Mayor Pro Tem Barnette stated that the support and understanding of City residents is vital to the efficient operation of public works systems and programs such as water, sewers, streets, highways, parks, public buildings, and snow removal. Mr. Lawrence, Fridley Public Works, thanked Council on behalf of all Public Works employees for the recognition. Mr. Saefke, Water Supervisor, also thanked Council. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Wolfe stated he would like Item 1 removed to the regular agenda for discussion. Councilmember Billings stated he would like Item 4 removed to the regular agenda for discussion. MOTION by Councilmember Wolfe to approve the proposed consent agenda with the removal of Item Nos. 1 and 4 for discussion. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF MAY 20, 2002 PAGE 2 APPROVAL OF MINUTES: City Council Meeting of May 6, 2002 APPROVED. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. ADOPT EMERGENCY ORDINANCE E-34 AMENDING THE FRIDLEY CITY CODE, CHAPTER 1, LEGISLATIVE BODY, PERTAINING TO WARD AND PRECINCT BOUNDARIES: Mr. Burns, City Manager, stated that in response to the Minnesota Court of Appeals' redistricting court order dated March 19, legislative ward and precinct boundary lines were redrawn. The Secretary of State's office has recently informed the City that the boundary line that separates Legislative Districts SOA and SOB should be corrected. This legislation does that and nothing else and is being considered in an emergency form to comply with the Secretary of State's deadline. Staff recommended Council's approval. THIS ITEM WAS REMOVED TO THE REGULAR AGENDA FOR DISCUSSION. 2. APPROVE AMENDMENT TO THE COMPREHENSIVE SIGN PLAN FOR 7570 HIGHWAY 65 N.E. (WARD 2): Mr. Burns, City Manager, stated that the amendment is for more sign detail and to choose one color or a combination of two colors. The letters will remain a maximum of 24 inches high and will be applied directly to the fascia using a vinyl film. Staff recommended Council's approval. APPROVED AMENDMENT. 3. RESOLUTION NO. 32-2002 APPROVING A PLAT, P.S. #02-02, VINEWOOD PARK, BY INDEPENDENT SCHOOL DISTRICT NO. 14 AND THE CITY OF FRIDLEY, TO REPLAT PROPERTY FOR THE PURPOSE OF CREATING LEGAL DESCRIPTIONS NECESSARY FOR THE TRANSFER OF LAND, GENERALLY LOCATED AT COMONS PARK AND THE FRIDLEY MIDDLE SCHOOL (WARD 1): Mr. Burns, City Manager, stated that the preliminary plat for this item was approved on May 6. The plat serves to create new legal descriptions that will allow the transfer of land between the City of Fridley and Independent School District No. 14. Staff recommended Council's approval. FRIDLEY CITY COUNCIL MEETING OF MAY 20, 2002 PAGE 3 APPROVED RESOLUTION NO. 32-2002. 4. RESOLUTION NO. 33-2002 APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT WITH THE MPCA FOR SPRINGBROOK WATERSHED IMPLEMENTATION PROJECT PHASE II CWP GRANT FUNDING: Mr. Burns, City Manager, stated the City, along with four neighboring cities, has received a partnership grant for the restoration of wetland habitats in the Springbrook Nature Center. The agreement establishes the guidelines for the work plan that will detail how grant funds will be spent. It also details requirements the City must follow in order to receive grant payments. The work plan involves projects in Spring Lake Park, Blaine, Coon Rapids, and needs to be approved by each of the City Councils of those cities. The work plan will be presented at one of the City Council meetings in June. The City has $16,000 per year for the ne�t three years budgeted as Storm Water Capital Improvements Plan funding for its share of the local match. THIS ITEM WAS REMOVED TO THE REGULAR AGENDA FOR DISCUSSION. 5. RESOLUTION NO. 34-2002 AUTHORIZING FINAL CHANGES IN APPRO- PRIATIONS FOR THE GENERAL FUND, SPECIAL REVENUE FUNDS, AND CAPITAL IMPROVEMENT FUND FOR THE YEAR ENDED 2001: Mr. Burns, City Manager, stated that this represents the final line item adjustment for the 2001 budget. In 2001, we had a positive General Fund expenditure variance from the budget at $170,289, a positive expenditure variance of $172,388 from the Capital Improvements Fund, and a positive expenditure variance of $275,963 from the Special Revenue Funds. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 34-2002. 6. RESOLUTION 35-2002 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR BLAINE JAYCEES (SHOREWOOD RESTAURANT ) (WARD 2): Mr. Burns, City Manager, stated that this is for pull-tab sales at the Shorewood Restaurant. If approved, the Shorewood will be licensed until June 30, 2004. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 35-2002. 7. RECEIVE BIDS AND AWARD CONTRACT FOR THE 2002 STREET IMPROVEMENT PROJECT NO. ST. 2002-1: Mr. Burns, City Manager, stated that four bids were opened on May 15, 2002. The lowest bid was from W. B. Miller of Elk River, Minnesota in the amount of $727,400.65. FRIDLEY CITY COUNCIL MEETING OF MAY 20, 2002 PAGE 4 The project area consists of the streets north of Mississippi Street, east of East River Road, south of Locke Lake and west of the Burlington Northern Santa Fe tracks. Staff recommended Council's approval. RECEIVED BIDS AND AWARDED CONTRACT TO W. B. MILLER OF ELK RIVER, MINNESOTA. 8. CLAIMS: APPROVED CLAIM NOS. 105165-105416. 9. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. ADOPTION OF AGENDA: MOTION by Councilmember Billings to adopt the agenda as amended with the addition of Items 1 and 4. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Ms. Elna Goodspeed indicated that she was the President of the Board of the Banfill-Locke Center for the Arts. She stated that they are looking at the McKnight Foundation to hopefully provide funding. She said community support is very important when applying for funding. Ms. Catherine Vesley indicated that she is the Vice President of the Board of the Banfill-Locke Center for the Arts. She stated that as a retired Fridley elementary school teacher, she realizes that many Fridley children will not have the opportunity to receive art education from an art specialist at school because that position in no longer funded due to budget cuts. Art will be taught by the classroom teachers. Hands-on instruction is necessary for children's needs to be met in this area. Banfill-Locke has classes that will meet those needs. She said that we need to work together to offer these programs to meet the needs of the community. Ms. Joyce Schmidt indicated that she was the Secretary for the Banfill-Locke Center for the Arts. She stated that the art center is beginning to grow. She said there was a lot of interest from parents for art instruction during the summer. This is the third year for the Festival in the Park which will be held on July 31. Mayor Pro Tem Barnette stated that he appreciated their information. FRIDLEY CITY COUNCIL MEETING OF MAY 20, 2002 PAGE 5 Councilmember Billings stated that with respect to the community support section of the application, the activity the County does in and around the property was listed. He said the money from the Community Development Block Grant Funds that were provided through the City should also be shown. Ms. Goodspeed asked if documentation could be provided for that. Councilmember Billings stated that it could be provided in the form of a letter of support. Ms. Goodspeed stated that they can demonstrate the County participation without a problem. The ongoing revolving funds they give to Banfill-Locke can be shown. She said they also plan on starting a donor campaign and will be sending out letters asking people to help. Councilmember Bolkcom stated that the individual Council members can sign the letter written in support of this project. With respect to money, the City's budget is very tight. The Lion's Club may help with showing community support. Letters from parents and kids may also help. Ms. Goodspeed stated that the competition is fierce for these funds, but that they will try. Councilmember Bolkcom stated that they can talk to other communities that have actually received grants. Ms. Goodspeed stated that they have done this. Councilmember Bolkcom stated that an article could be included in one of the City's newsletters. Councilmember Wolfe stated that letters to the editor could be sent. Councilmember Bolkcom stated that some type of signage indicating the operating hours would be helpful. Ms. Goodspeed stated that they are under the regulations of the County for signage and there has been discussion regarding that. Hours vary due to the number of volunteers. She asked if we could check with MnDOT to see about putting a sign on I-694. Mayor Pro Tem stated that the sign could be similar to the sign for the Fridley Historical Center. Mr. Hickok, Community Development Director, stated that they cost approximately $3,000 per sign. Mr. Burns, City Manager, stated that there may be some CDBG money. Councilmember Bolkcom stated that some State recreational grants be may possible. She said to call the Recreation Department for more information. Mayor Pro Tem Barnette stated that the Values First Program may also be used to show community support. FRIDLEY CITY COUNCIL MEETING OF MAY 20, 2002 PAGE 6 Councilmember Wolfe asked for Banfill-Locke's telephone number. Ms. Vesley stated that it is 763-574-1850. NEW BUSINESS: 4. RESOLUTION NO. 33-2002 APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT WITH THE MPCA FOR SPRINGBROOK WATERSHED IMPLEMENTATION PROJECT PHASE II CWP GRANT FUNDING: Councilmember Wolfe asked what would happen once the money Fridley budgeted for three years was spent. He asked if the other cities would help with future maintenance. Mr. Burns, City Manager, stated that there are some programs that would help retain the water in those communities after the three years is up. That would be their responsibility. Councilmember Wolfe stated that the weirs in the Nature Center will need to be maintained and he was wondering if the other cities would help pay for that. Mr. Burns stated that the weirs and maintenance would be our responsibility. Councilmember Bolkcom stated that there would be a water quality issue whether we had a nature center or not. Councilmember Wolfe stated that this piece of property is quite expensive. Mr. Burns stated that one of the reasons this is happening now is because of the funding available at the present time. Councilmember Bolkcom stated that this is a separate issue from the Nature Center. It is a water quality issue. She said the City does have some legal obligation to take care of this. However, part of the reason for the water quality issue is from other communities around us that send their water rushing down to us. Mr. Burns stated that this was a major accomplishment to get the other cities to accept this responsibility. Mayor Pro Tem Barnette asked if this would address sewer, vegetation, holding ponds, and other things. Mr. Haukaas, Public Works Director, stated that the first step is to identify what can be done to improve water quality and quantity. This is just a small portion of the Springbrook Watershed. MOTION by Councilmember Wolfe to approve and authorize execution of an agreement for the Springbrook Watershed Implementation Project Phase II CWP Grant Funding. Seconded by Councilmember Bolkcom. FRIDLEY CITY COUNCIL MEETING OF MAY 20, 2002 PAGE 7 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. ADOPT AN EMERGENCY ORDINANCE E-34 AMENDING THE FRIDLEY CITY CODE, CHAPTER 1, LEGISLATIVE BODY, PERTAINING TO WARD AND PRECINCT BOUNDARIES: Councilmember Billings stated that he thought it was appropriate to explain the emergency ordinance. Redistricting ordered by the State Supreme Court came out in March. The Court determined everything had to follow census tract lines. Staff went according to Appendix F which listed which census tracts were in which legislative district. We adjusted our precincts accordingly. Councilmember Billings stated that our staff, adhering to the letter of the law, did everything based on the census tract line and submitted it to the Secretary of State. It was sent back to us with a reference to some street name that is in the court order. MOTION by Councilmember Billings to adopt Emergency Ordinance No. E-34, amending the Fridley City Code, Chapter 1, Legislative Body, pertaining to ward and precinct boundaries. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. INFORMAL STATUS REPORTS: Mr. Burns stated that after the Council meeting, Councilmember Bolkcom asked to discuss train whistles. Mr. Hickok stated that he has received a request by Redeemer Lutheran Church to consider a parking ordinance. He would like to discuss this after the meeting also. ADJOURN: MOTION by Councilmember Bolkcom to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MAY 20, 2002, CITY COUNCIL MEETING ADJOURNED AT 8:22 P.M. Respectfully submitted, Signe L. Johnson Robert L. Barnette Recording Secretary Mayor Pro Tem