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08/23/2004 - 00026574CITY COUNCIL MEETING AUGUST 23, 2004 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. OTHERS PRESENT: William Burns, City Manager Don Abbott, Public Safety Director Richard Pribyl, Finance Director Scott Hickok, Community Development Director Jon Haukaas, Public Works Director Lenny Brandt, Resident Pam Reynolds, Resident Tim Byrne, Resident Richard Carlson, Petitioner Bruce Carlson, Petitioner Pete Eisenzimmer, Resident Donald Crispin, Resident Donald Anderson, Resident APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council meeting of August 9, 2004 THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. NEW BUSINESS: 1. Variance Request, VAR #04-12, by Applebee's International, to Reduce the Front Yard Setback from 89 Feet to 79.5 Feet, to Reduce the Side Yard Setback on a Corner Lot from 80 Feet to 59.5 Feet, and to Reduce the Parking Setback from the Street Right-of-Way from 20 Feet to 11 Feet on CITY COUNCIL MEETING, AUGUST 23, 2004 Paqe 2 of 16 the North Side of the Lot and from 20 Feet to 8.5 Feet on the West Side of the Lot. All Variances will Allow for the Construction of a new Applebee's Restaurant, Generally Located at 5277 Central Avenue N.E. (Ward 1). Dr. Burns, City Manager, explained that Landform, on behalf of Applebee's International, is seeking three variances similar to those variances previously granted to Ground Round on the same property. The Appeals Commission approved these variances at their August 11 meeting. Staff recommends Council's approval with six stipulations. APPROVED VARIANCE REQUEST, VAR #04-12, BY APPLEBEE'S INTERNATIONAL, WITH THE FOLLOWING SIX STIPULATIONS: 1. PETITIONER SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO CONSTRUCTION; 2. PETITIONER SHALL SUBMIT A LANDSCAPE PLAN TO BE REVIEWED AND APPROVED BY CITY STAFF PRIOR TO ISSUANCE OF A BUILDING PERMIT; 3. PETITIONER SHALL SUBMIT A SIGN PLAN TO BE REVIEWED AND APPROVED BY CITY STAFF PRIOR TO ISSUANCE OF A BUILDING PERMIT; 4. GRADING AND DRAINAGE PLAN TO BE REVIEWED AND APPROVED BY CITY ENGINEERING STAFF PRIOR TO ISSUANCE OF A BUILDING PERMIT; 5. UTILITY PLAN TO BE REVIEWED AND APPROVED BY CITY ENGINEERING STAFF PRIOR TO ISSUANCE OF A BUILDING PERMIT; 6. STORM SEWER TREATMENT DEVICE MAINTENANCE AGREEMENT SHALL BE FILED PRIOR TO ISSUANCE OF A BUILDING PERMIT. 2. Approve Amendment to Section 8 Housing Assistance Payments Program Contract for Administrative Services between the City of Fridley and the Metropolitan Council. Dr. Burns, City Manager, stated this will extend the current contract that expired on June 1 through the end of 2004. This enables the Met Council to have more time to work out the terms of a new contract based on a tighter budget. This is the contract with the City for the services of our Section 8 Administrator. Staff recommends Council's approval. APPROVED. 3. Resolution Ordering Preliminary Plans, Specifications and Estimates of the Costs thereof: Neighborhood Street Improvement Project No. ST. 2005-1. Dr. Burns, City Manager, stated that on February 9, Council approved a contract to perform these services. Due to an oversight, an official resolution ordering these options was not approved by Council. This resolution corrects that oversight. Staff recommends Council's approval. CITY COUNCIL MEETING, AUGUST 23, 2004 Paqe 3 of 16 THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4. Resolution Receiving the Feasibility Report and Calling for a Public Hearing on the Matter of Construction of Certain Improvements: Neighborhood Street Improvement Project No. ST. 2005-1. Dr. Burns, City Manager, stated this project includes 3.8 miles of City streets including Ruth Circle, Fairmont Street, a section of Ironton Street, Talmadge Way, the Craigway neighborhood, the Logan Park neighborhood, and the area north and west of Holly Center. The preparation for this project included the submittal of surveys to residents in the reconstruction areas. The results of the surveys were overwhelmingly positive. A neighborhood meeting will be held the week of September 13 to review the results and respond to further questions regarding the plan. In addition to receiving the feasibility report, this resolution will set a public hearing for September 27. Council will also be asked to adopt the preliminary assessment list on September 27. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 5. Appointments — City Employees. Dr. Burns, City Manager, stated staff is recommending the appointment of Paul Bolin to the position of Assistant HRA Director. Paul is currently Planning Coordinator for the City of Fridley and has served the City since November, 1998. Prior to coming to Fridley, Paul worked for the Arrowhead Regional Development Corporation as a Planning/Housing Consultant. He holds a B.A. degree in urban and regional studies from the University of Minnesota and is currently finishing his Master's Degree in Public Administration at Metro State University. Dr. Burns stated staff is also recommending the appointment of Allison Suess to Patrol Officer to fill the position created by the promotion of Jim Moore. Ms. Suess has been working as a security officer at the Mall of America and her education includes a B.S. degree in law enforcement from Mankato State University. She has also completed a course in Spanish for law enforcement officers. Dr. Burns also asked for Council's approval of the appointment of Mike Monsrud to the position of Police Sergeant that will be vacated by the retirement of Sergeant Mike Trancheff. Mr. Monsrud began work as a Fridley police officer in 1989 and has served as firearms instructor, field training officer and Explorer post advisor. He received both the Medal of Valor and the Medal of Merit in 2002. Mr. Monsrud is currently serving as a detective in the investigative unit of the Fridley Police Department. He served in the Army as an infantryman and a combat military policeman. He has an Associate's Degree in law enforcement from North Hennepin Community College. CITY COUNCIL MEETING, AUGUST 23, 2004 Paqe 4 of 16 Staff recommends Council's approval. APPROVED THE APPOINTMENTS OF PAUL BOLIN TO ASSISTANT EXECUTIVE HRA DIRECTOR, ALLISON SUESS TO PATROL OFFICER, AND MIKE MONSRUD TO SERGEANT. 6. Claims: APPROVED CLAIM NOS. 117812-117985. 7. Licenses APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. Councilmember Bolkcom asked to remove the August 9 Council minutes and Items 3 and 4 from the Consent Agenda. Mr. Billings commented that there is a new policy that the fee owner of property be a part of any applications for variances and special use permits. He questioned who the fee owner is of the Applebee's site. Mr. Hickok said Applebee's was the property owner. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to adopt the consent agenda with the removal of the August 9t" minutes and Items 3 and 4. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to adopt the agenda and include the minutes from the August 9 City Council meeting and Items 3 and 4, and to move Item 16 before Item 8. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): Consideration of items not on agenda — 15 minutes. Don Anderson, 7304 West Circle N.E., said last Saturday night, he witnessed some vandalism being done to the Ground Round sign. He called 911 and waited, but after 15 minutes, left the scene because no squad car arrived. Also, the foul language has not been removed from the sign. Mr. Abbott, Public Safety Director, said he would look into this matter. CITY COUNCIL MEETING, AUGUST 23, 2004 Paqe 5 of 16 Mr. Hickok, Community Development Director, said staff had contacted the owner of the property, and he agreed to take care of the matter. Mr. Donald Crispin, 6820 Oakley Drive N.E., asked why AT&T and Comcast services are not available in the City of Fridley. He said he currently has Time Warner Cable but has not been happy with their service. Councilmember Billings stated over the years cable companies have selected cities to run their cable. In the Twin Cities area, there are only two cities that have multiple cable companies. In the rest of the cities, there is only one cable company serving the residents. Time Warner is the only cable company that chooses to provide service to Fridley. Time Warner does have an agreement with the City of Fridley, but it is not an exclusive agreement and does not preclude other cable companies from providing service in our city. AT&T phone service is available in Fridley, but not their cable or high speed internet service. Mr. Crispin restated the difficulties he has experienced with Time Warner. There was a Time Warner representative present for another matter on the agenda and he agreed to talk with Mr. Crispin after the meeting. Ms. Pam Reynolds, 1241 Norton Avenue N.E., commented on the Livable Communities Act and urged the City of Fridley not to participate, based on the findings that certain communities in the Twin Cities have received an inordinate amount of grant money from this program. The last time the City of Fridley received grant money through this program was in 1997 for the Onan property. She presented printed information regarding sustainable development to the City Council members. She also expressed her opposition to the Met Council. Mr. Pete Eisenzimmer, 6535 Oakley Drive N.E., said he watched the August 9 City Council meeting, specifically the recycling issue. He was concerned because there had been no response to his question of the cost to the City for the weekly recycling pickup service. Councilmember Billings explained that this matter will be coming back before the Council at their next regular meeting. Also, the information Mr. Eisenzimmer has requested is available through City Staff. Currently, the City of Fridley pays $2.18 per household per month for weekly recycling pickups while Blaine pays $2.32 per household per month for every other week collection. Councilmember Bolkcom asked Mr. Hickok to have Ms. Jones respond to Mr. Eisenzimmer's question regarding costs. Mr. Lenny Brandt, 190 Craigbrook Way, said that at the last Council meeting he asked if there were any regulations that govern misleading signs and literature on a ballot issue, specifically the "Save Springbrook" signs. CITY COUNCIL MEETING, AUGUST 23, 2004 Paqe 6 of 16 Mr. Knaak apologized for not responding earlier to Mr. Brandt. He explained that he reviewed the statutes and they confirmed what he had stated at the last meeting. Unless there is a materially false statement that is intentionally made to deceive, there is not a possible crime. Successful prosecution of such cases is extremely rare. As a practical matter, based on the sign and possible interpretations, he did not see any basis for charging any kind of crime. NEW BUSINESS: 16. Resolution No. 2004-45 Adopting Certain Cable-Related Needs and Interests of the City of Fridley as Identified in the Staff Report and Related Requirements Set Forth Therein, Authorizing the Issuance of a Request for Formal Renewal Proposal for a Cable Franchise, and Closing the Initial Stage of Formal Franchise Renewal Proceedings. Mr. Brian Grogen, Attorney, Moss & Barnett, representing the City of Fridley, stated on June 19, 2000, Time Warner sent the City a letter requesting renewal of its cable television franchise. Since that time, the City of Fridley and Time Warner have been engaged in informal renewal negotiations in the hope that the two parties would reach a mutually acceptable cable television franchise. Unfortunately, they have not been able to reach an agreement on key issues. On November 18, 2003, Time Warner sent the City a letter indicating they were unable to reach an agreement and specifically requested that the City revert back to the formal renewal procedures and asked that the City undertake a Needs Assessment and issue a formal request for proposal so the process could move forward in accordance with Federal law. The City retained outside consultants to conduct a Needs Assessment. The required Needs Assessment and a formal request for renewal proposal have been given to Council. The resolution authorizes those documents to be forwarded to Time Warner so they can prepare a response. The City will receive their proposal and will have an opportunity to determine whether it meets the City's needs. Nothing in this procedure precludes the City from continuing its informal negotiations. Mr. Lance Leupold, Time Warner, stated they believe they can reach an agreement with the City. They have not yet had a chance to review the assessment, but they will be responding to it. Ms. Pam Reynolds, 1241 Norton Avenue N.E., asked if this process goes through, will this extension be handled through the City Charter regarding renewal of franchises and public utilities. Councilmember Billings stated the Council always has and will continue to do those according to state law and the City Charter. Mr. Grogen said it was the initial phase. Before a new franchise is actually approved, a hearing will be held, input received and the Council will then decide to accept or reject the franchise. CITY COUNCIL MEETING, AUGUST 23, 2004 Paqe 7 of 16 Mr. Knaak said it is entirely consistent with the process and procedure contained in the City Charter. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to adopt Resolution No. 2004-45. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OLD BUSINESS: 8. Variance Request, VAR #04-11, by Park Construction, to Allow a Portion of the Parking Lot to Remain Gravel for the Purpose of Storing Tracked Vehicles, Generally Located at 30 - 81St Avenue N.E. (Ward 3) (Tabled August 9, 2004). Mr. Hickok, Community Development Director, stated item was continued from the last Council meeting so petitioner could be present. Due to the weight and design of tracked vehicles, it is not possible to store them on hard surfaces without damaging that surface. The statement of hardship given by Park Construction states that there are several ways that paving the area would create an undue hardship. Tracked equipment would cause constant damage and deterioration to a paved area. They are not allowed to run their tracked equipment on paved roads for that reason and if they are not allowed to run them on paved public roads, they should not be required to pave where they run tracked equipment in their yard. Other property is not affected by this code because their vehicles have rubber tires. This variance will not alter the character of the neighborhood because it has been gravel for the last 30 years and the property is enclosed by a screened fence. Park Construction will provide a sufficient paved area to store their rubber-tired equipment and vehicles. Mr. Hickok stated this property abuts the Burlington Northern Railway to the west. The property on which the new Park Construction building will be located is a combination of many smaller parcels which have been and will continue to be assembled by the Carlson family. Through many discussions with Park Construction and with staff's knowledge of tracked equipment, it was determined that paving would not hold up to the wear and tear generated by this equipment. The proposed gravel area has been designated on the petitioner's site plan and has been sized to accommodate Park Construction's heavy equipment accordingly. This property is located at the corner of Hickory Street and 81St Avenue. It does have the minimum right of way frontage to allow it to be developed, but because it is located at the elbow of the roadway, you do not see a lot of the site from the road. There is a bituminous lot as you enter the property from the roadway and landscaping along the property edges. Mr. Hickok further stated Park Construction will provide the code-required paving and curb and gutter for areas in which it will be parking its wheeled vehicles. The amount of equipment stored in the yard will be seasonal and dependent upon Park Construction's CITY COUNCIL MEETING, AUGUST 23, 2004 Paqe 8 of 16 workload; meaning there will be more vehicles stored there in the winter than in the summer months. Staff has required Park to add a 40 x 108 foot bituminous area along the eastern edge of the property to ensure that the wheeled vehicles do not interfere with emergency vehicle access and to improve Park Construction's internal logistics. At their meeting on July 14, the Appeals Commission unanimously recommended approval of this variance with eight stipulations. Staff recommends Council's approval. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to remove this matter from the table. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom stated she has received questions from some of the neighbors about what activity will be taking place on the Park Construction property. She pointed out there is a neighborhood behind this site and the neighbors have had problems with loud speakers and paging. The neighbors are also concerned if the gravel area will create a dust problem. Mr. Bruce Carlson, petitioner, stated they have been doing the same activity on this property for 30 years and have had no problem with dust. Mr. Richard Carlson, petitioner, stated he has had a business in Fridley since 1972 and has always done everything City staff has requested. They have been a very good business for the City and have no intention of changing any operations from what was done before. They will conform to the City's request for all the building permits. This is a heavy industrial area and he believed this variance should be approved. Councilmember Bolkcom asked if the petitioners would agree to an additional stipulation; that all non-tracked or rubber tired vehicles shall be parked on a hard surface. After some discussion, Bruce and Richard Carlson agreed with the additional stipulation. Councilmember Billings stated he has been on the Council for 18 years and he would like to thank Park Construction for all the cooperation they have given the City of Fridley. MOTION by Councilmember Bolkcom, seconded by Councilmember Billings, to approve Variance #04-11 for Park Construction with the following eight stipulations: 1. Petitioner shall obtain all necessary building permits prior to construction; 2. Landscape plan meeting all code requirements shall be submitted and approved prior to the issuance of any building permits; 3. Petitioner to install code required hard surface drive, curb, gutter, and parking area as indicated on site plan dated 7/9/04; 4. Gravel parking/storage area to be defined and maintained as indicated on site plan dated CITY COUNCIL MEETING, AUGUST 23, 2004 Paqe 9 of 16 7/9/04; 5. Variance approval is dependent upon approval of Street Vacation, SAV #04- 01, and Plat #04-04; 6. Grading, drainage, and storm ponding to be reviewed and approved by Public Works Director prior to issuance of a building permit; 7. Site must meet Fire Marshall's standards for sprinklering, water supply, and fire access; and 8. Fire access lane/drive aisle shall be striped on bituminous area and kept open at all times. MOTION by Councilmember Bolkcom to amend the motion to add an additional Stipulation No. 9"All not-tracked or rubber tired vehicles and equipment shall be parked on a hard surface." UPON A VOICE VOTE ON THE MOTION TO AMEND, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. UPON A VOICE VOTE ON THE MAIN MOTION, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. Resolution No. 2004-41 to Vacate Unimproved Portions of Ely Street and the Alley Way between Ely Street and Liberty Street, Generally Located at 30 - 81St Avenue N.E. (Vacation Request, SAV #04-01, by Park Construction) (Ward 3) (Tabled August 9, 2004). MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to remove this item from the table. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom, seconded by Councilmember Billings, to adopt Resolution No. 2004-41. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. Preliminary Plat Request, PS #04-04, by Park Construction, to Replat Multiple Parcels to Create One Lot, to Allow Petitioner to Develop the Property Generally Located at 30 — 81St Avenue N.E. (Ward 3) (Tabled August 9, 2004). MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to remove this item from the table. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. CITY COUNCIL MEETING, AUGUST 23, 2004 Paqe 10 of 16 MOTION by Councilmember Bolkcom, seconded by Councilmember Billings to approve Preliminary Plat Request, PS #04-04 with the following stipulations: 1. Utility easements as required by the Metropolitan Council to be shown and dedicated on final plat; 2. Petitioner to be in charge of all water and sewer connection fees; 3. Petitioner shall obtain all necessary building permits prior to construction; 4. Landscape plan meeting all code requirements shall be submitted and approved prior to the issuance of any building permits; 5. Petitioner to install code required hard surface drive, curb, gutter, and parking area as indicated on site plan dated 7/9/94; 6. Gravel parking/storage area to be defined and maintained as indicated on site plan dated 7/9/04; 7. Grading, drainage, and storm ponding to be reviewed and approved by Public Works Director prior to issuance of a building permit; 8. Site must meet Fire Marshall's standards for sprinklering, water supply, and fire access; 9. Fire access land / drive aisle shall be striped on bituminous area and kept open at all times; and 10. Petitioner to vacate remaining streets and alleys and replat property to incorporate the Met Council and Syverson / Daniels parcels within 2 years of the preliminary plat approval for Lot 1, Block 1, Park Shop. Southerly lots owned by the Carlson's shall not be used for "Park" or other operations until aforementioned approvals have been granted, except for the removal of existing material. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 11. First Reading of Allowing Certain until 2:00 a.m. an Ordinance Amending the Fridley Municipal Code by Holders of Liquor Licenses to Sell Intoxicating Liquor Mr. Abbott, Public Safety Director, explained this amendment affects Chapter 602, 603 and 606 of the Fridley City Code. State hours allowing extended hours of alcohol sales until 2:00 a.m. became effective June 1, 2003. The law allows that local jurisdictions may decide whether or not they wish to allow the extended hours until 2:00 a.m. Several Fridley restaurants and clubs holding licenses to sell intoxicating liquor and beer requested that the City allow extended hours to keep Fridley restaurants and clubs competitive with those in neighboring cities. Council directed staff to research the 2:00 a.m. closing, meet with licensees, and to prepare proposed ordinance language. With the exception of Columbia Heights, Mr. Abbott stated, all cities bordering Fridley currently allow the 2:00 a.m. closing. These cities have not reported any significant problems due to the extended hours. Just over one year of data concerning DUI enforcement records and accident reports are available, and while the data is not conclusive, it does not indicate a drastic change. Mr. Abbott said the proposed ordinance change establishing the late hour license endorsement will sunset April 30, 2006. A new ordinance will need to be enacted at that time to continue the additional hours of sales. Without that new ordinance, the additional hours would cease to exist as of April 30, 2006. This is basically a trial period CITY COUNCIL MEETING, AUGUST 23, 2004 Paqe 11 of 16 of just over a year that will allow for the review of any detrimental effects of 2:00 a.m. closings. Staff will be reviewing any impact of this change on police calls and will report back to Council before the sunset of this ordinance. Mr. Abbott stated the proposed changes are to Chapter 602, Chapter 603 and Chapter 606. The change will allow the additional sales 7 nights per week, assuming the licensee already has a permit to sell on Sunday evenings. Licensees must apply to the City for a late hour endorsement to their current license. New licensees can apply for both their license and the late hour endorsement at the same time. Licensees must also obtain a late hour permit from the State of Minnesota. Licensees are required to pay a fee of $200 to $600 to the State for the late hour permit. The fee is based on their gross revenues over the preceding twelve-month period. Mr. Abbott said the proposed ordinance allows the City to collect a fee for the late hour endorsement; however staff recommends no fee at this time. Staff time required by late hour endorsements will be reviewed and a fee may be proposed to be added to Chapter 11 if late hour sales are extended beyond April 30, 2006 and if it is indicated by a review of the records. Mr. Abbott explained that restaurants with late hour endorsements will be required to submit semiannual certification of compliance with the existing ordinance requirements that at least 40% of all sales be food. All patrons of on-sale establishments will continue to be required to leave the licensed premises within one-half hour of closing. In no event would that be later than 2:30 a.m. Mr. Abbott stated several current licensees interested in the late hour endorsement have reviewed the proposed changes and have indicated that they find them acceptable. Councilmember Billings said the word "semi-annually" has been added to Section 603.07, Item B. He questioned if this change is inadvertently making it a requirement that all licensees report semi-annually. He also stated he is willing to support the ordinance to keep it moving forward, but asked that this language be clarified before the second reading. The cleanest thing might be to create a whole new section and leave the section for regular licensees unchanged. MOTION by Councilmember Barnette, seconded by Councilmember Bolkcom, to waive the reading and approve the ordinance on first reading. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Receive Referendum Petition 2004-1 Requesting the Fridley City Council to Submit Ordinance No. 1196 to the Electorate. CITY COUNCIL MEETING, AUGUST 23, 2004 Paqe 12 of 16 Mr. Pribyl, Finance Director, explained that after discussions and a public forum, the City Charter Commission recommended amending the City Charter by ordinance regarding the definition of fees. Ordinance No. 1196 was created to amend Chapter 7 of the City Charter to redefine certain utility and recycling fees. That ordinance was adopted on June 26, 2004. That same ordinance was published on July 8, 2004 and would have become effective 90 days after publication. Minnesota statutes allow for a referendum petition to be submitted up to 60 days after publication requesting the Council to reconsider the action or place the issue on the ballot. Staff received Referendum Petition 2004-1 on August 6, 2004. Minnesota statutes state that a petition is sufficient if it contained signatures of 2% of the total number of votes cast in the City at the last state general election. The number of votes cast in the last state general election for Fridley was 12,512. Two percent of that number would be 253. Staff found the petition to be sufficient with 460 registered voters' signatures. Staff recommends that Council receive the petition. Mr. Pete Eisenzimmer, 6535 Oakley Drive N.E., recommended that Council receive the petition, place the matter on the ballot, and leave the Charter as it was before. Councilmember Bolkcom asked if this agenda item was to receive the petition. Mr. Pribyl said it was. MOTION by Councilmember Barnette, seconded by Councilmember Billings, to receive Referendum Petition 2004-1. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. Resolution No. 2004-42 Declaring an Election to Approve or Disapprove Ordinance No. 1196, an Ordinance Amending Section 7.02, Power and Taxation, of the Fridley City Charter. Mayor Lund asked what portion of the ordinance would appear on the ballot. Mr. Pribyl explained the ordinance would appear on the ballot in its entirety. MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to adopt Resolution No. 2004-42. Mr. Eisenzimmer asked if the ordinance will be published prior to the election. Ms. Deb Skogen, City Clerk, said the City is required to publish the sample ballot at least two weeks prior to the election. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. CITY COUNCIL MEETING, AUGUST 23, 2004 Paqe 13 of 16 14. Resolution No. 2004-43 Certifying Proposed Tax Levy Requirements for 2005 to the County of Anoka. Mr. Pribyl, Finance Director, stated the proposed 2005 tax levy complies with both state law and with the City Charter requirement regarding inflationary increases. The total proposed levy for 2005 totals $7,792,949. This includes $275,000 that would be used for the administration, programming and maintenance for the Springbrook Nature Center if it is approved through an election process. Mr. Pribyl explained that this amount is 20.2% higher than that of 2004. The increase is due to the reductions in Local Governmental Aid (LGA) and also due to the possibility of levying for the Springbrook Nature Center. Approximately 21 % of the increase is due to the Springbrook Nature Center levy of $275,000. Mr. Pribyl further explained that the amount of the proposed tax levy is a proposed levy that cannot be exceeded when a final certification is made to Anoka County in December. It can be reduced, however. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe to adopt Resolution No. 2004-43. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. Resolution No. 2004-44 Adopting the Proposed Budget for the Fiscal Year 2005. Mr. Pribyl, Finance Director, stated the certification of the proposed budget must be to the County Auditor before September 15 in accordance with the Truth in Taxation process. The City has complied with Section 7.05 of the City Charter requiring that it be the principal item of business at the last regular meeting in August. Mr. Pribyl explained that for 2005, the economy once again has rippled through all departments and caused a cutback budget for the City. The first major issue the City had to deal with was the continuing loss of $1,103,605 in Local Government Aid (LGA). Other revenue losses occurred due to the economy-based changes in which we saw other revenues declining from previous years. The budgeting process has been a painful process of reducing expenditures in all departments. The 2005 proposed budget is being presented this evening along with a resolution to approve it as a proposed budget for 2005. Mr. Pribyl said the remaining steps in the budgeting process are: ■ Public hearing on the budget December 6. ■ Resolution approving the final tax levy on December 6. ■ Resolution approving the final budget for 2005 of December 6. ■ Continuation of the public hearing would be to December 13 if required. CITY COUNCIL MEETING, AUGUST 23, 2004 Paqe 14 of 16 Mr. Pribyl reviewed the following budget figures: ■ General Fund $12,270,609 ■ Special Revenue Funds $ 1,013,688 ■ Capital Improvements $ 2,810,000 ■ Agency Fund (Six Cities) $ 6,200 ■ Total Budget $16,100,497 Mr. Pribyl said the 2005 Street Reconstruction Program is budgeted at $1,820,000. The Fire Department has budgeted $750,000 to replace the 1972 Arial truck. Mr. Pribyl stated this resolution was for the proposed budget for 2005. The final budget would be adopted after a public hearing in December. MOTION by Councilmember Billings, seconded by Councilmember Barnette, to adopt Resolution No. 2004-44. MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to amend the fourth WHEREAS to read as follows: "WHEREAS, the City Council will hold a public hearing on December 6, 2004, before determining a final budget." And to amend last paragraph to read: "NOW THEREFORE BE IT RESOLVED that the following proposed budget be adopted and approved." UPON A VOICE VOTE ON THE AMENDED MOTION, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. UPON A VOICE VOTE ON THE MAIN MOTION, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Councilmember Bolkcom referred to the August 9, 2004, minutes and her motion regarding Marion Hills Reservoir Project No. 356. She asked that the minutes be corrected to reflect the exclusion of the City logo on the water tower. Councilmember Wolfe asked that his statement on Page 16 of the minutes be corrected to reflect that he received no complaints about BFI. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to table the August 9 minutes. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. CITY COUNCIL MEETING, AUGUST 23, 2004 Paqe 15 of 16 3. Resolution No. 2004-39 Ordering Preliminary Plans, Specifications and Estimates of the Costs Thereof: Neighborhood Street Improvement Project No. ST. 2005 - 1. Councilmember Bolkcom asked when the dates for the neighborhood meetings on this project would be. After some discussion, it was agreed that the meetings will be held September 14 and 15. Councilmember Bolkcom asked if there are any other streets that may be widened. Mr. Jon Haukaas, City Engineer, stated other than Chesney Way and the railroad right- of-way, no other streets will be widened except to take some streets from the current 29-foot width to the standard 30-foot width. For Glen Creek Road, they do not have sufficient right-of-way yet, but eventually it will also be widened to 30 feet. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to adopt Resolution No. 2004-39. 4. Resolution No. 2004-40 Receiving the Feasibility Report and Calling for a Public Hearing on the Matter of Construction of Certain Improvements: Neighborhood Street Improvement Project No. ST. 2005-1. Councilmember Bolkcom asked if staff can ask CenterPoint Energy and Xcel to expedite their portion of this project to avoid the delays created in previous large projects. Mr. Haukaas explained that staff has been working with the utilities since spring. No telephone or electric relocation will be necessary. CenterPoint has preliminary plans but does not anticipate being able to start until the spring. Councilmember Bolkcom asked that staff make a concerted effort to ensure that the current property owners are notified of this special assessment. Mr. Pribyl stated that staff will work with the County and the City Assessor to try and catch any property ownership changes. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to adopt Resolution No. 2004-40. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. CITY COUNCIL MEETING, AUGUST 23, 2004 Paqe 16 of 16 ADJOURNMENT: MOTION by Councilmember Barnett, seconded by Councilmember Wolfe, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 9:35 PM. Respectfully submitted by, Rebecca Brazys Recording Secretary ������ Scott J. Lund Mayor