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05/23/2005 - 00026818CITY COUNCIL MEETING CITY OF FRIDLEY MAY 23, 2005 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Billings Councilmember Bolkcom MEMBERS ABSENT: Councilmember Wolfe OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Richard Pribyl, Finance Director Scott Hickok, Community Development Director Rebecca Brazys, Recording Secretary APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: • Approval of Board of Review minutes of May 9, 2005. APPROVED. • Approval of the minutes of the City Council meeting of May 9, 2005. Councilmember Barnette requested a correction on Page 8, second paragraph, correcting the food to liquor sales ratio. APPROVED. NEW BUSINESS: 1. Approve Agreement Amendment for Curbside Recycling Services. Dr. Burns, City Manager, explained that Allied Waste Industries, the parent company of BFI Waste Systems since 1999, has requested that the City amend their agreement FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2005 PAGE 2 with BFI in a manner that changes their name to Allied Waste Services of North America, LLC. Nothing else is being changed. Staff recommends Council's approval. APPROVED. 2. Resolution Authorizing Execution of Amendment No. 1 to Grant Agreement with the MPCA for Springbrook Watershed Implementation Project Phase II CWP Grant Project. Dr. Burns, City Manager, stated this resolution requests a one-year extension of the City's Clean Water Partnership Implementation Grant for the Springbrook Nature Center. This extension will enable the City to use grant funding for related expenditures that arise after May 29, 2005. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2005-22. 3. Resolution Providing for the Issuance and Sale of $1,835,000 General Obligation Improvement Bonds, Series 2005A, Pledging for the Security Thereof Special Assessments, and Levying a Tax for the Payment Thereof. Dr. Burns, City Manager, explained that Council authorized the sale of these bonds at their April 25 meeting. The bonds will be used to pay for those portions of the 2005 street improvement project that are not being paid for by State aid or property owner assessments. The City has maintained an Aa1 bond rating for this sale. Ehlers and Associates, Inc., conducted the sale of these bonds on the City's behalf. The successful bidder was Wells Fargo Brokerage Services LLC at a"True Interest Rate" of 3.5483%. Staff recommends Council's approval of the bond sale to the successful bidder. The bonds will be amortized over ten years, with annual debt service cost ranging from $214,822.50 to $217,875. The debt service will be added to the City's annual property tax levy. ADOPTED RESOLUTION NO. 2005-23. 4. Resolution Providing for the Issuance and Sale of $4,680,000 General Obligation Tax Increment Refunding Bonds, Series 2005B and Pledging for the Security Thereof Tax Increments. Dr. Burns, City Manager, stated this sale was authorized by Council at their April 25 meeting. This is a refunding issue for outstanding Housing and Redevelopment Authority (HRA) bonds that were issued for past redevelopment projects. The bids for the bonds were sold on the City's behalf by Ehlers and Associates, Inc. The successful bidder was First Trust Portfolios L.P. at a"True Interest Rate" of 2.9579%. The bonds are paid for from the proceeds of the HRA's tax increment districts and will be amortized over a period of 3'/ years at an annual cost ranging from $1,177,480.83 to $1,291,650.00. The HRA will realize an annual savings of $158,000 as a result of this refunding bond issue. FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2005 PAGE 3 ADOPTED RESOLUTION NO. 2005-24. 5. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Spring Lake Park Lions Club (Sandee's Restaurant, 6490 Central Avenue N.E.) (Ward 2). Dr. Burns, City Manager, stated this is a two-year renewal of a license that expires on July 31, 2005. City Staff contacted both the Minnesota Department of Public Safety and the Minnesota Gambling Control Board as part of the City's application review. Neither organization had any problems with the application. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2005-25. 6. Resolution Accepting a Stipulation for Out-of-Court Settlement with Lawrence A. Chubb. Dr. Burns, City Manager, explained the settlement is relevant to a Worker's Compensation claim filed by Lawrence A. Chubb. Since the City was insured for these claims by Home Insurance Company at the time of Officer Chubb's injury and since Home Insurance Company has filed bankruptcy and is in liquidation, City staff and legal counsel recommend that Council accept an out-of-court settlement in this matter. They further recommend that Council accept the "Stipulation of Settlement" dated May 13, 2005, in the amount of $55,000 in full, final and complete settlement of any and all Worker's Compensation claims arising out of Mr. Chubb's work-related injury of October 8, 1985, with the exception of future medical expenses which are deemed reasonable and necessary as stipulated in the settlement agreement. ADOPTED RESOLUTION NO. 2005-26 7. Claims (121591-121736) APPROVED. 8. Licenses APPROVED AS SUBMITTED AND AS ON FILE. Councilmember Bolkcom questioned the status of the liquor license request for Billiard Street Cafe. Mr. Pribyl explained that the liquor license request will come before Council after the property rezoning has been approved. The second reading for that rezoning is scheduled for June 13, 2005. FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2005 PAGE 4 MOTION by Councilmember Barnette, seconded by Councilmember Bolkcom, to approve the consent agenda as presented. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Barnette, seconded by Councilmember Bolkcom, to adopt the agenda as presented. 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. No comments were made. NEW BUSINESS: 9. Resolution Approving a Minor Comprehensive Plan Amendment, CP #05- 01, by Har-Mar Incorporated for Property Located on Lots 4-6, Block 1, Paco Industrial Park, Except the North 35 Feet of Lot 4, Generally Located at 7110-90 University Avenue NE (Ward 3). 10. First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #05-01, by Har-Mar Incorporated, for Property Generally Located at 7110-90 University Avenue NE) (Ward 3). Mr. Hickok, Community Development Director, stated petitioner would like to rezone this property from M-1, Light Industrial, to C-2, General Business. The purpose of this rezoning is to allow Billiard Street Cafe to obtain a liquor license. The Comprehensive Plan amendment is necessary because the property is currently zoned as industrial which matches the Comprehensive Plan designation. He reviewed the location of the property just north of Community Park along the west side of University Avenue. Staff did a site zoning analysis and determined that the proposed rezoning is consistent with the current uses at the building. The proposed rezoning is consistent with the property along the University Avenue corridor but is inconsistent with the Comprehensive Plan which is the reason it needs to be amended. As far as the Comprehensive Plan analysis, there will be no impact on the Metropolitan systems; it does not change the service boundary, timing of urban staging, wastewater treatment or discharge to more than one interceptor. The Planning Commission voted unanimously to recommend approval of this rezoning and Comprehensive Plan Amendment. FRIDLEY CITY COUNCIL MEETING OF MAY 23, 2005 PAGE 5 MOTION by Councilmember Bolkcom, seconded by Councilmember Billings, to adopt Resolution No. 2005-27. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, waive the reading and approve the ordinance on first reading. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. Informal Status Report Dr. Burns stated the June newsletter should be in the residents' mailboxes the first week in June. ADJOURN MOTION by Councilmember Barnette, seconded by Councilmember Bolkcom, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:50 PM. Respectfully submitted by, Rebecca Brazys Recording Secretary ������ Scott J. Lund Mayor