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09/13/2004 - 00026590CITY OF FRIDLEY CITY COUNCIL MEETING SEPTEMBER 13, 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. PROCLAMATION: Student Foreign Exchange Week: September 13 — 19, 2004 Mayor Lund presented the proclamation and introduced the following foreign exchange students: Roberta Masala from Italy, Aude Pauhaer from France, and Joergen Steffensen from Norway. Constitution Week: September 17 — 23, 2004 Mayor Lund presented the proclamation to Ann Essling and Dorothy Linse. Domestic Violence Awareness Month: October 2004 Mayor Lund presented the proclamation to Christine Molso from the Alexandra House. Ms. Molso, Volunteer and Community Education Coordinator for Alexandra House, stated this past year they housed 420 women and assisted 395 children. Of the 420 women served, 42% were from Anoka County and 47% of those women were from the City of Fridley. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of August 9, 2004. (Tabled August 23, 2004.) Approved. City Council Meeting of August 23, 2004. Approved. FRIDLEY CITY COUNCIL MEETING, SEPTEMBER 13, 2004 Paqe 2 of 9 OLD BUSINESS: 1. Ordinance No. 1197 Amending the Fridley Municipal Code by Allowing Certain Holders of Liquor Licenses to Sell Intoxicating Liquor until 2:00 a. m. Dr. Burns, City Manager, stated this legislation amends Chapters 602, 603 and 606 of the City Code to allow establishments that are licensed for on-sale beer and liquor and on-sale clubs to apply for permits to extend their hours of sales to 2:00 a.m. Council approved the first reading of this ordinance on August 23, 2004. Staff made the language clarifications requested by Council. Staff recommends Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1197 ON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. Resolution to Vacate an Existing Utility Easement Vacation on Lot 13, Block 1, Innsbruck North 2"d Addition, Generally Located at 1419 West Danube Road (Ward 2). Dr. Burns, City Manager, stated last September, Council approved the preliminary plat to allow the creation of legal descriptions necessary to swap properties with Brendan and Cheryl Klein, owners of the property at 1419 West Danube Road. The Kleins' mortgage holder has requested that the unused utility easement located under the swimming pool be vacated. Though the property is being replatted into a new configuration and legal description, a resolution approved by Council is necessary to vacate the underlying easement. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. Resolution Approving a Subdivision Plat, PS# 03-05, Generally Located at 1419 West Danube Road (Ward 2). Dr. Burns, City Manager, stated that last year, an encroachment on City property was discovered. The owners of 1419 West Danube Road built a pool on a portion of park property. The City has an easement for a trail over a portion of the Klein's property. Last September, Council approved a land swap of two similar sized properties to correct the problem. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING, SEPTEMBER 13, 2004 Paqe 3 of 9 4. Resolution of the City of Fridley, Approving the Transfer and Exchange of Certain Parcels of Land with Brendan M. Klein and Cheryl A. Klein (Ward 2). Dr. Burns, City Manager, said that pursuant to the terms of the land exchange, Mr. and Mrs. Klein will receive a 1,447 square foot parcel, Tract A, and the City will receive a 1,550 square foot parcel, Tract B. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 5. Resolution No. 2004-48 Consenting to the Housing and Redevelopment Authority in and for the City of Fridley, Adopting a 2004 Tax Levy Collectible in 2005. Dr. Burns, City Manager, stated that since 1996, the HRA has been levying a small property tax to cover the cost of its housing and rehabilitation programs. This tax amounts to .0144% of the taxable market value for all Fridley real estate. In 2005, this tax is expected to generate $321,192 and will cost the owner of a$200,000 single family home approximately $28.80. The HRA unanimously approved the 2005 levy at their September 2 meeting. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2004-48. 6. Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for Street Improvement Project No. ST.2004-1. Dr. Burns, City Manager, explained there are 67 properties and a proposed assessment of $106,171.67. The amount will be assessed for ten years with interest charged in equal payments at the rate of 6.5%. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 7. Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for Alley Paving Project ST. 2003-3. Dr. Burns, City Manager, stated this is the assessment for the alley paving that was done last year for the alley located behind Anoka Street and Arthur Street from Mississippi Street to 66t" Avenue. The cost, $21,336, is to be assigned to the benefiting property owners. The amount will be assessed for ten years with interest charged in equal payments at the rate of 6.5%. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING, SEPTEMBER 13, 2004 Paqe 4 of 9 8. Resolution Directing Preparation of the Assessment Roll for the 2004 Nuisance Abatement. Dr. Burns, City Manager, explained that there are two properties to be assessed for a total of $9,830.16. They will be assessed for one year at the rate of 6.5%. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 9. Resolution Directing Publication of the Public Hearing Notice on the Proposed Assessments for Street Improvement Project No. ST. 2004-1; Alley Paving Project No. St. 2003-3; and Nuisance Abatement Project 2004-1. Dr. Burns, City Manager, stated the notice will be published on September 16 and the hearings will be held on October 4. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 10. Resolution No. 2004-51 Authorizing Signing an Employment Agreement between Certain Employees Represented by Local No. 1986. Dr. Burns, City Manager, explained this item provides for Council's approval of the 2004 firefighters contract which provides for life, health, and dental insurance benefits currently enjoyed by non-union employees. It also provides for the same 2% cost of living adjustment that non-union employees received this year. There are no other changes in the current contract language. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2004-51. 11. Resolution No. 2004-52 Designating Time and Number of Council Meetings for 2005. Dr. Burns, City Manager, stated staff has provided a proposed calendar of ineetings and holidays for 2005. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2004-52. 12. Claims. APPROVED CLAIM NOS. 117988 THROUGH 118275. FRIDLEY CITY COUNCIL MEETING, SEPTEMBER 13, 2004 Paqe 5 of 9 13. Licenses. APPROVED LICENSES AS SUBMITTED AND AS ON FILE. MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to approve the consent agenda with the removal of Items 2, 3, 4, 6, 7, 8, and 9. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to adopt the agenda with the addition of Items 2, 3, 4, 6, 7, 8, and 9. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): Consideration of items not on the agenda (15 minutes). Mr. Nathan Jones, 2217 Maiden Lane N.E., Columbia Heights, introduced himself as a candidate for State Representative in House District 50A. Mr. Pete Eisenzimmer 6535 Oakley Drive N.E., thanked the people who helped him get the utility rate issue on the ballot. He also expressed concern about the lack of response from the City staff on his question regarding the recycling contract and asked staff to send him a letter explaining what will be done. Mr. Hickok, Community Development Director, said he contacted Mr. Eisenzimmer last week to schedule a meeting with him. Mr. Eisenzimmer indicated he was not available. He stated he will contact Mr. Eisenzimmer again to schedule an appointment. At Councilmember Bolkcom's request, Mayor Lund clarified the purpose of the Open Forum portion of the meeting. Mr. Don Anderson, 7304 West Circle N.E., stated he will be participating in the Twin Cities Marathon on October 3 and would like the citizens' support. Mr. Bob Ecker, 5940 Third Street N.E., stated there is a 10' x 10' shed on the property across from his home. Mr. Hickok asked Mr. Ecker to call him and he will investigate. Mr. Brett Letourneau, Citywide Service Corporation, stated he thought the City's Police Department's towing contract was on tonight's agenda. FRIDLEY CITY COUNCIL MEETING, SEPTEMBER 13, 2004 Paqe 6 of 9 Mr. Abbott, Public Safety Director, apologized and explained there was insufficient time to prepare the material for this meeting, but it should be ready for the next Council meeting. NEW BUSINESS: 2. Resolution to Vacate an Existing Utility Easement Vacation on Lot 13, Block 1, Innsbruck North 2"d Addition, Generally Located at 1419 West Danube Road (Ward 2). 3. Resolution Approving a Subdivision Plat, PS# 03-05, Generally Located at 1419 West Danube Road (Ward 2). 4. Resolution of the City of Fridley, Approving the Transfer and Exchange of Certain Parcels of Land with Brendan M. Klein and Cheryl A. Klein (Ward 2). Councilmember Billings referred to the City Charter which requires that any land sold or disposed of by the City must be done by ordinance. Mr. Fritz Knaak, City Attorney, reviewed the Charter and concurred that the final action on this exchange will have to be by ordinance. He suggested Council table the resolution and begin with the normal procedures for adopting an ordinance. Councilmember Billings questioned the whole process on this matter and whether or not the City is actually gaining anything. Mr. Hickok, Community Development Director, explained that staff thought this would be a creative solution to what was a problem for the property owner. They had a pool and equipment installed outside of their survey boundaries. There was almost an exact square foot trade that could be made so that the City could take the path land by easement and get that in title and in exchange the Klein's could get almost identical square foot dimensions back to reconfigure their lot and have their pool and equipment on their own property. Councilmember Billings commented when the City has an easement, it has the right to use it for whatever purposes the easement is. Mr. Hickok explained that this was an important issue for the Kleins. Councilmember Billings asked who is paying the fees and how much staff time has been invested in this matter. Mr. Hickok stated the Kleins are paying the fees. As for staff time, there has been a limited amount involved. The Kleins hired their own surveyor, their own attorneys, their own title people and their own closing company. FRIDLEY CITY COUNCIL MEETING, SEPTEMBER 13, 2004 Paqe 7 of 9 Mayor Lund asked about the existing chain link fence on this property. Mr. Hickok explained there is a retaining wall with a fence around the pool equipment. MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to table Items 2, 3 and 4 until such time that staff can bring these items back before the Council. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. Resolution No. 2004-46 Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for Street Improvement Project No. ST. 2004-1. 7. Resolution No. 2004-47 Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for Alley Paving Project No. ST. 2003- 3. 8. Resolution No. 2004-49 Directing Preparation of the Assessment Roll for the 2004 Nuisance Abatement. 9. Resolution No. 2004-50 Directing Publication of the Public Hearing Notice on the Proposed Assessments for Street Improvement Project No. ST. 2004-1; Alley Paving Project No. 2003-3; and Nuisance Abatement Project 2004-1. Councilmember Bolkcom her only concern is that the correct and current property owners are notified of the above items. Mr. Pribyl, Finance Director, stated there are only two property owners involved in the nuisance abatement. Staff uses the information available from Anoka County property tax system as far as current property ownership. He said they checked the County records as recently as last week to make sure they had up-to-date information. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to adopt Resolution No. 2004-46. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to adopt Resolution No. 2004-47. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING, SEPTEMBER 13, 2004 Paqe 8 of 9 MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to adopt Resolution No. 2004-49. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to adopt Resolution No. 2004-50. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. Informal Status Reports Councilmember Bolkcom stated there are meetings on September 14 and 15 at 7:00 p.m. at City Hall regarding the street reconstruction project for next year. Councilmember Bolkcom thanked the City Police and Recreation Department for their assistance in the Art at Rice Creek event. Councilmember Wolfe thanked Jack Kirk and the Recreation staff for the successful City golf tournament. Mayor Lund thanked those who attended the September 11 th Patriot Day event at Spring Lake Park High School. Mary Lund stated on September 29 the City will be hosting a Senior Safety Camp at the Fridley Community Center from 8:30 a.m. to 3:30 p.m. Councilmember Billings commented on the editorials in the Fridley Focus about the comprehensive plan and housing forums. One question raised is how this is being paid for. Another concern expressed was that the consultant was trying to steer attendees in a specific direction. He asked Mr. Hickok to explain the process, why there is a coordinator involved, what staff's expectations are and how staff plans to address those people who are dissatisfied with the direction of the housing forums. Mr. Hickok explained the consultant for the housing forums is being paid half by a revenue fund for Section 8 and half by the Fridley HRA. He stated the facilitator was chosen because he has worked with the City on the comprehensive plan. They also felt it was important to have City staff step back based on recent criticisms, and they did not want the forums to be biased in any way. The facilitator is neutral and understands the comprehensive plan process. At the end of the forums, the consultant will prepare a final report that will summarize the discussions. There is no effort being made to steer work to the facilitator. It is about getting feedback on City housing issues. This facilitator is very good at getting the issues out on the table and getting those matters resolved. Another concern expressed was that the forums are more like a lecture. He FRIDLEY CITY COUNCIL MEETING, SEPTEMBER 13, 2004 Paqe 9 of 9 said a forum includes sharing of information with a question and answer period. Attendees should be prepared to listen as well as to ask questions and get answers. There is a follow-up document for the first session that answers every question presented. It will be handed out at the next forum scheduled for September 23. Councilmember Bolkcom commented that the forum was structured for questions and answers without creating debates. ADJOURNMENT MOTION by Councilmember Barnette, 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 8:35 PM. Respectfully submitted by, Rebecca Brazys Recording Secretary ������ Scott J. Lund Mayor