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09/29/2003 - 00026293CITY OF FRIDLEY CITY COUNCIL MEETING MINUTES SEPTEMBER 29, 2003 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe and Councilmember Bolkcom MEMBERS ABSENT: None OTHERS PRESENT: William W. Burns, City Manager Richard Pribyl, Finance Director/Treasurer Scott Hickok, Community Development Director Myra Harris, Public Safety Projects Coordinator Frederic Knaak, City Attorney PROCLAMATIONS: Student Foreign Exchange Week: September 29 through October 5, 2003 Mayor Lund read and presented a proclamation for Student Foreign Exchange Week to Nat Boonjunwetvat from Thailand, Andrea Mier-Vaca from Bolivia, and Luis Pereira from Paraguay. The Mayor thanked Sue Davis for her help and dedication. Fire Prevention Week: October 6 through 12, 2003 Mayor Lund read and presented a proclamation for Fire Prevention Week to Ralph Messer from the Fridley Fire Department. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of August 25, 2003. APPROVED. FRIDLEY CITY COUNCIL MEETING MINUTES OF SEPTEMBER 29, 2003 PAGE 2 NEW BUSINESS: 1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 17, 2003. RECEIVED. 2. SPECIAL USE PERMIT REQUEST, SP #03-13, BY BRIAN BONA, TO ALLOW THE EXPANSION OF AN AUTOMOBILE SERVICE STATION TO CONNECT THE EXISTING GAS STATION AND SERVICE STATION, GENERALLY LOCATED AT 5333 AND 5311 UNIVERSITY AVENUE N.E. (WARD 1). Dr. William Burns, City Manager, said this request allowed the construction of a new building that connected the gas station and the service garage. Petitioner was going to initially build a car wash, but that project was abandoned. The Planning Commission approved this request at their meeting on September 17, 2003. Staff recommended Council's approval with five stipulations. APPROVED SPECIAL USE PERMIT REQUEST, SP #03-13, BY BRIAN BONA, WITH THE FOLLOWING FIVE STIPULATIONS: 1. THE PETITIONER SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO CONSTRUCTION; 2. THE PROPOSED ADDITIONS SHALL BE ARCHITECTURALLY COMPATIBLE WITH THE EXISTING BUILDING AND FINISHED WITH COMPLEMENTARY BUILDING MATERIALS. STAFF TO REVIEW AND APPROVE FINAL ELEVATIONS; 3. NO OUTDOOR STORAGE SHALL BE PERMITTED ON SITE. ALL EXISTING OUTDOOR STORAGE, INCLUDING THE STORAGE POD, SHALL BE REMOVED UPON COMPLETION OF THE PROPOSED EXPANSION; 4. SITE SHALL NOT BE USED TO DISPLAY CARS FOR SALE OR STORAGE OF TRUCKS FOR RENT; AND 5. ALL LIGHTING SHALL BE SHIELDED, DOWNCAST AND MAY NOT EXCEED 3-FOOT CANDLES OF LIGHT INTENSITY AT THE PROPERTY LINE. 3. PRELIMINARY PLAT REQUEST, PS #03-05, BY THE CITY OF FRIDLEY, TO ALLOW THE EXCHANGE OF PROPERTY IN ORDER TO CORRECT AN ENCROACHMENT ON CITY-OWNED LAND, GENERALLY LOCATED AT 1419 WEST DANUBE ROAD AND FARR LAKE PARK (WARD 2). Dr. William Burns, City Manager, stated that the owners of the property, Mr. and Mrs. Klein, inadvertently constructed a swimming pool in their yard that encroached on a small portion of Farr Lake Park Since the City had an easement for a trail over a similar sized portion of the Klein's property, staff proposed that the City and Mr. and Mrs. Klein exchange the two areas. The Planning Commission approved this request at their meeting on September 17, 2003. Staff recommended Council's approval. APPROVED PRELIMINARY PLAT REQUEST, PS #03-05. FRIDLEY CITY COUNCIL MEETING MINUTES OF SEPTEMBER 29, 2003 PAGE 3 4. APPROVE AN EXTENSION OF TIME FOR A FINAL PLAT, PS #03-02, BY JEFFREY CRUZ, TO DIVIDE THREE PARCELS INTO EIGHT SINGLE FAMILY LOTS, GENERALLY LOCATED AT 1540 RICE CREEK ROAD N.E. (WARD 2). Dr. William Burns, City Manager, stated that Mr. Cruz, the owner of Meadowview Homes and the property located at 1540 Rice Creek Road requested an e�tension to the time limit for final plat approval. Due to a nearly three-month delay in the plat review process at Anoka County, Mr. Cruz would not have access to the final plat mylars within the required six-month time line. Staff recommended that Council e�tend the time for approval of the final plat until March 29, 2004. GRANTED AN EXTENSION OF TIME UNTIL MARCH 29, 2004, TO APPROVE A FINAL PLAT, PS #03-02. 5. APPROVE CHANGE ORDER NO. 2 TO THE 2003 STREET IMPROVEMENT PROJECT NO. ST. 2003 — 1. Dr. William Burns, City Manager, said that staff requested Council's approval of a change order in the amount of $6,347.55, payable to Hardrives, Inc., for additional retaining wall work on Pierce Street. The change order would raise the total project cost to $764,339.96. Staff recommended Council's approval. APPROVED CHANGE ORDER NO. 2 FOR THE 2003 STREET IMPROVEMENT PROJECT NO. ST. 2003 — 1, IN THE AMOUNT OF $6,347.55, TO HARDRIVES, INC. 6. RESOLUTION NO. 47-2003 PROVIDING FOR SEWER RATE INCREASES. Dr. William Burns, City Manager, stated that the City had experienced an operating deficit for the last two years. Staff recommended that Council raise the sewer rates by 1.8 percent or by .04 per thousand gallons of water usage, effective January 1, 2004. This would cost the average water user .24 per month. He said that while it was the maximum allowed by the City Charter, it would not eliminate the operating deficit. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 47-2003. 7. RESOLUTION NO. 48-2003 PROVIDING FOR A STORM WATER DRAINAGE RATE CHANGE. Dr. William Burns, City Manager, stated that staff recommended that the City's quarterly storm water utility rate be raised by 1.8 percent effective January 1, 2004. The increase would raise the fee for residential homeowners from $3.02 per quarter to $3.07 per quarter. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 48-2003. FRIDLEY CITY COUNCIL MEETING MINUTES OF SEPTEMBER 29, 2003 PAGE 4 8. RESOLUTION NO. 49-2003 PROVIDING FOR WATER RATE CHANGE. Dr. William Burns, City Manager, stated that the water fund had also been running with an operating deficit for the past two years. Staff recommended an increase of 1.8 percent in water rates beginning January 1, 2004. This would increase the cost per month for the average water user who uses 6,000 per gallons a month from $6.48 to $6.60. The increase would not eliminate the operating deficit, but was the maximum amount allowed by the City Charter. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 49-2003. 9. RESOLUTION NO. 50-2003 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR THE STREET IMPROVEMENT PROJECT NO. ST. 2003 — 1. ADOPTED RESOLUTION NO. 50-2003. 10. RESOLUTION NO. 51-2003 DIRECTING PUBLICATION OF THE HEARING ON THE PROPOSED ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. ST. 2003 — 1. ADOPTED RESOLUTION NO. 51-2003. 11. CLAIMS. AUTHORIZED PAYMENT OF CLAIM NOS. 113335 THROUGH 113602. 12. LICENSES. APPROVED LICENSES AS SUBMITTED AND AS ON FILE. 13. ESTIMATES. Hardrives Inc. 14475 Quiram Drive Rogers, MN 55374-9461 2003 Street Improvement Marian Hills Project No. ST 2003 — 1 Estimate No. 4 .................................................................. $ 82,723.60 FRIDLEY CITY COUNCIL MEETING MINUTES OF SEPTEMBER 29, 2003 PAGE 5 Midwest Asphalt Corp. 5929 Baker Road, Suite 420 Minnetonka, MN 55345 Hickory Drive Watermain Replacement Project No. 350 Estimate No. 3 .................................................................. $ 38,499.23 APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Barnette asked if there would be construction on the property located at 1540 Rice Creek Road before next spring. Dr. William Burns, City Manager, said that was his understanding. Councilmember Bolkcom asked to remove Item 5 to the regular agenda. Councilmember Billings said he had questions on Items 2 and 3. With respect to Item 2, he noticed there was not a stipulation that required that the two properties become one tax parcel. Mr. Scott Hickok, Community Development Director, said they discussed this with petitioner, and as the building was joined it would become one tax parcel. Councilmember Billings said that with respect to Item 3, the wording said the petition was made by the City of Fridley. He asked who was paying the costs. Mr. Burns said the property owner, not the City, would pay the costs. Councilmember Bolkcom asked who would maintain the retaining walls after the project in Item No. 5 was completed. Mr. Burns said it was policy that the property owners would maintain the retaining walls. Mayor Lund asked if anyone in the audience had a question about any of the consent agenda items. Ms. Nancy Jorgenson, 5730 Polk Street N.E., asked if the City received $6,000,000 for the Commons Park GAC plant. Dr. Burns said it was for the carbon-activated filter plant and that project was not done. It was included in the budget in anticipation of federal funding, which the City did not receive. Ms. Jorgenson asked if in 2001 and 2002 or one of those years, the water, storm sewer, sanitary sewer or recycling fees were increased to the maximum allowed by the Charter amendment. Dr. Burns said they probably were. FRIDLEY CITY COUNCIL MEETING MINUTES OF SEPTEMBER 29, 2003 PAGE 6 No other persons in the audience spoke regarding the consent agenda items. MOTION by Councilmember Barnette to approve the consent agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: Councilmember Bolkcom asked to add a public hearing for a Local Law Enforcement Block Grant as Item 14A. MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item 14A. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Ms. Martha Reckdahl, 7823 Alden Way N.E., invited everyone to attend Pumpkin Night in the Park, a non-violent Halloween event that would be held at the Springbrook Nature Center on Saturday, October 25, 2003, from 6:00 to 10:00 p.m. PUBLIC HEARINGS: 14. CONSIDERATION OF ISSUING AN ON-SALE INTOXICATING LIQUOR LICENSE TO GEORGE MICHAEL SCHRAUTH FOR GMME DOUGH, INC., DB/A BROADWAY BAR & PIZZA, GENERALLY LOCATED AT 8298 UNIVERSITY AVENUE N.E. (WARD 3). MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED. Mr. Richard Pribyl, Finance Director, said the hearing was for an on-sale intoxicating liquor license for Broadway Bar & Pizza which would be located at 8298 University Avenue N.E. The license would actually be issued to GM1V� Dough, Inc., which was doing business as Broadway Bar & Pizza. The building was leased to Mr. George M. Schrauth. The Public Safety Department conducted a review and found no reason to deny the request. Petitioner had been working the with the City's Building Inspection Division to remodel the restaurant and planned on opening the restaurant on November 1. Notice of the public hearing was published in the Sun FRIDLEY CITY COUNCIL MEETING MINUTES OF SEPTEMBER 29, 2003 PAGE 7 Focus on September 18. Final approval of the license was scheduled for the October 13, 2003, Council meeting. Councilmember Barnette asked if the building was being leased from the same person who owned the building when Sean's was there. Mr. Pribyl said it was. Councilmember Bolkcom asked if they understood the liquor to food ratio. Mr. Schrauth said they had a very good understanding. Councilmember Bolkcom asked about code-related issues at the building. Mr. Schrauth said the lower door opening from the building to the parking lot was replaced. Councilmember Billings asked if Mr. Schrauth was a franchisee and if GM1V� Dough, Inc., had more than one operation. Mr. Schrauth said he did not run any other franchises and did not own franchise rights to sell to other people. He stated that he did not have any interest in any other Broadway Pizzas. GM1V� Dough was created for this franchise and the letters represented the initials from his and his wife's names. Councilmember Billings asked him about the restaurant. Mr. Schrauth said it would be primarily a restaurant. He said there was a lower level in the building that was designed for banquet space. He said he did not request an entertainment license. Should the banquet business prove to be more successful if they allowed wedding parties, he might pursue that, but they did not have any plans at this time. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14A. CONSIDERATION OF A LAW ENFORCEMENT BLOCK GRANT. MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING MINUTES OF SEPTEMBER 29, 2003 PAGE 8 Ms. Myra Harris, Public Safety Projects Coordinator, said the 2003 Local Law Enforcement Block Grant was cut nationally by 25 percent. Accordingly, the City would receive $13,419 with a match of $1,491. She said they wanted to use the money and buy software that would put their record system automatically onto a map every 24 hours. That would give them the ability to recognize crimes and patterns in certain areas of the City. Councilmember Bolkcom asked if the advisory board had approved the use of the funds. Ms. Harris said they had. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. INFORMAL STATUS REPORTS. Dr. Burns, City Manager, said the latest issue of the newsletter should be delivered around October 10. Dr. Burns said that after the Council meeting, staff would like to discuss a lease agreement Anoka County is proposing with the Minnesota Parks and Recreation Association for the Islands of Peace recreation building. Mayor Lund issued an invitation to the Fire Department's open house on October 4 and to Pumpkin Night in the Park at the Springbrook Nature Center on October 25. ADJOURNMENT: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE THE MAYOR DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:20 P.M. Respectfully submitted, Roberta S. Collins Secretary ������ Scott J. Lund Mayor