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10/27/2008 - 29261CITY COUNCIL MEETING CITY OF FRIDLEY OCTOBER 27, 2008 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 Saefke Councilmember Varichak MEMBER ABSENT: Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager James Kosluchar, Public Works Director Richard Pribyl, Finance Director Fritz Knaak, City Attorney Julie Jones, Planning Coordinator Scott Hickok, Community Development Director PRESENTATION OF PLAQUES: Appreciation Plaque to Diane Savage (Planning Commission) Appreciation Plaque to Ken Vos (Appeals Commission) STAFF PRESENTATIONS: Layne Otteson, Public Works Assistant Director, presented information on the completion of the accelerated Street Reconstruction Project. Don Abbot, Public Safety Director, presented a report on the Quiet Zone. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of October 13, 2008. APPROVED. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 2008 PAGE 2 NEW BUSINESS: 1. First Reading of an Ordinance Adding a New Chapter to the Fridley City Code: Chapter 8. Criminal History Background Investigations for City Employment and Licensing. William Burns, City Manager, said the item has been requested by the State's Bureau of Criminal Apprehension. The Fridley Police Department has been processing about 100 background checks per year for employment and licensing purposes. The BCA has requested that the City Council officially authorize this process by ordinance. The ordinance before Council tonight establishes terms, conditions, and processes for the background checks. Staff recommends Council's approval. WAIVED THE READING OF THE ORDINANCE AND ADOPTED THE ORDINANCE ON FIRST READING. 2. Receive the minutes of the Planning Commission meeting of October 1, 2008. RECEIVED. 3. Approval of the 2009 - 60 Day Action Calendar for the Planning and Appeals Commissions. APPROVED. 4. Resolution Certifying Certain Delinquent Utility Services to the County for Collection with the 2009 Property Taxes. William Burns, City Manager, said staff has listed 502 accounts and delinquencies amounting to $315,797. Since utility customers have until November 14 to pay these delinquent accounts without further penalty, the final count and dollar amount may vary from the list submitted tonight. This count and dollar amount is growing and reflects the growth of property foreclosures in Fridley. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2008-47. 5. Resolution Amending the City of Fridley's Representative to the Six Cities Watershed Management Organization. William Burns, City Manager, said Donna Bahls of 7514 Alden Way, has expressed an interest in serving as the City's representative to the Six Cities WMO. In view of Donna's very active involvement in the Springbrook Nature Center programs, and her interest in the Six Cities WMO, staff recommends her appointment to this board. ADOPTED RESOLUTION NO. 2008-48. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 2008 PAGE 3 6. Planning Commission Appointment. William Burns, City Manager, said pursuant to City ordinances, the City Council appoints the Chair of the Planning Commission. In view of the current vacancy created by the resignation of Diane Savage, and the interest in the position shown by the current Vice Chair of the Commission, David Kondrick, staff recommends the appointment of David Kondrick to the unexpired portion of Diane Savage's term. The term will expire in April, 2009. APPROVED THE APPOINTMENT OF DAVID KONDRICK AS CHAIR OF THE PLANNING COMMISSION. 7. Claims (138973 — 139076). APPROVED. 8. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the consent agenda as presented. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Barnette to adopt the agenda as presented. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): None. PUBLIC HEARING: 9. Consideration of the Assessment for the 2008 Nuisance Abatements. MOTION by Councilmember Saefke to open the public hearing. Seconded by Councilmember Varichak. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 2008 PAGE 4 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8:09 P.M. Richard Pribyl, Finance Director, said this is the annual assessment for those properties that the City has expended resources to clean them up in accordance with the City code. There are 56 properties involved in this assessment. The total amount of the assessment will be $52,761.79. The assessment will be for 1 year at 6 1/2 % Interest. Staff will be presenting the assessment resolution later in this meeting for Council's consideration. Debra Johnson, 5329 Fifth Street N.E., presented a letter of appeal to Council. Julie Jones, Planning Coordinator, said staff was trying to coordinate Ms. Johnson's driveway with the driveway next door. The case started in December of 2006 when the first notice was sent to the homeowner. The second notice was sent in January 2007 and several extensions were granted along the way. There were complications with the driveway so the survey was ordered as the driveway comes off of an access easement by a church. Staff could not determine where to put the driveway and keep it on the homeowner's property. It is not common to request a survey but staff did not want the driveway to end up on the City's property. The survey cost was $500 and it was done last fall. When the owner came forward concerned about the expense, staff granted another extension and since then, the homeowner has complied and completed the driveway hiring her own contractor. Mayor Lund asked when the 5-year sunset was for all hard surface driveways to be completed. Scott Hickok, Community Development Director, said the official sunset was in 2001, but it was extended to 2002 before citations were issued. Staff had a special provision for driveways that came off of improved alleys. This was a situation that the alley was asked to be vacated. The City would have preferred to vacate the alley but the City's policy is unless there is 100% agreement, the alley will not be vacated. These two driveways needed to be paved to make a complete alley. There is a garage off this property and the other home as well. Mayor Lund agreed that this is a hardship for the homeowner to take on this expense but vacating the alley would have been the most cost efficient. Ms. Johnson said she needed the alley to have access to her garage. Mayor Lund said the homeowner claims that more than one survey has been done within the last 10 years. Ms. Johnson agreed and said one of the surveys marked the south side of the property. Mayor Lund asked if the homeowner hired a private contractor to put the driveway in. Ms. Johnson answered yes. She said she had permission from the church to access their property, so the driveway is off of that property. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 2008 PAGE 5 Ms. Jones said the City would have put in the driveway differently. The homeowner ended up moving their shed to put in the new driveway. Mayor Lund said staff gave the notices to the homeowner plus granted several extensions. It sounds like the last extension went past the date. The work needed to be completed and staff did not think you were cooperating. Now it is the property owner's burden to come back to the City and ask for another extension. Ms. Johnson said her husband had medical problems and had medical bills, so that is why they were not able to comply. Mayor Lund said if there are problems they need to be communicated to staf£ Staff usually understands hardships. Council does not want to alienate our citizens. Staff took it upon themselves to prepare for the driveway and called for a survey. Fortunately you hired a contractor before the City completed the project. The City should not pay for the survey. Ms. Johnson said the survey was never used. Councilmember Saefke asked if Ms. Johnson talked to staff about moving the shed. Ms. Johnson said no one said she would need to move the shed. Councilmember Saefke asked Ms. Jones if she ever talked about moving the shed. Ms. Jones said staff never got to that point. Once the property was surveyed, the homeowner asked for another extension in the spring and still had not paved the driveway. The stakes were then moved and there was a dispute on the property lines. There were several extensions granted that were not met. Councilmember Saefke said it is not up to the City to get easements from abutting properties. The agreement with the church and moving the shed was done by the homeowner. He said he agreed with Mayor Lund that from 2006 to 2008, something could have been worked out with staf£ He also agreed that City staff works hard with citizens to work out a plan. The homeowner could have talked over the easement or agreement with staff, and maybe then the survey would not have been necessary. From staff's point of view, the survey was the next step because the homeowner had not complied with the notices that were sent out. Councilmember Saefke said the next step was to find out where the property lines were. The homeowner came in compliance with the driveway but negotiated an agreement with the church and moved the shed. The City had done everything they could have to cooperate with the homeowner. The homeowner should have spoke with staff on the issues and why they were not meeting extensions. City staff does their best to try and treat everyone equally. Mayor Lund said the assessment is $765. Ms. Jones said the survey was only $500. He asked what the extra $165 was for. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 2008 PAGE 6 Ms. Jones said staff time involved was $112.50 which makes the total invoice $612.50. There is also an extra fee if it goes to assessment. Mayor Lund said all staff is looking for is compliance from property owners. The expense is legitimate because if staff had put in the driveway they had to make sure it was on the homeowner's property. The homeowner probably saved money by installing the driveway themselves. Councilmember Barnette asked what survey was used to put in the driveway. Ms. Johnson said she just asked the church for access. Her husband and church officials marked off the property. Mr. Hickok said that staff does not have any issues with the location of the driveway in relationship to the alley. Councilmember Barnette asked if the issue is the homeowner does not think they should have to pay for the survey. Ms. Johnson said correct. They did not use the survey. Councilmember Varichak asked if the homeowner ever called the City to let them know that they were installing the driveway themselves. Ms. Johnson said she called but just left messages. Mayor Lund said it is helpful to contact staff when homeowner's have timelines for documentation and to just state their case. Staff is usually generous with extensions. The homeowner may have even received another extension had staff been aware of their circumstances. Councilmember Saefke asked if the homeowner received a copy of the survey. Ms. Jones said staff did not receive a printed copy of the survey; the survey was done to just stake the property to keep cost as minimal as possible. Mr. Hickok said he received a call from the property owner at 369 - 66th Avenue and they have sold the property. There is a closing set for the property this week and the costs will be built into the sale. The homeowner would like to pay for the cost of the abatement at the time of the closing. Mayor Lund said with the closing in a few days, possibly Council could make an amendment to the resolution that if the closing takes place on or about October 31, the City would forego the 25% administrative costs. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 2008 PAGE 7 Fritz Knaak, City Attorney, said Council could waive those costs. William Burns, City Manager, said there could be problems with payment so maybe the assessment should stay as is until the payment is received. Mayor Lund asked if the resolution were adopted tonight would it be certified on November 14 to the County. If the assessment is not paid tonight, the assessment price will stand as listed. Mr. Pribyl said on the nuisance abatement, unless there are special situations, this is the cut-off for the resolution. Attorney Knaak said it works either way. Mayor Lund said it should stay listed the way it is. Dr. Burns said Council still has the ability to take it off of the assessment but because it has not been paid, the amount listed is being assessed. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Saefke UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 8:50 P.M. 10. Consideration of the Assessment for Street Improvement Project No. ST. 2008-1. MOTION by Councilmember Barnette to open the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8.51 P.M. Richard Pribyl, Finance Director, presented the assessment for Street Improvement Project No. ST. 2008-1. This is for concrete curb and gutter construction which includes both the excavation and installation of concrete curb and gutter. This project includes 328 properties for a total assessed cost of $685,416.17. The assessment is for 10 years at an interest rate of 6'/z%. Staff recommends that Council open the public hearing and continue it until November 10, 2008. This recommendation is due to a problem with not meeting the required two-week mailing notice for the final public hearing. Any testimony taken could cause a defect in the assessment. Staff is also recommending that the resolution under Agenda Item 14 be tabled until November 10, 2008. MOTION by Councilmember Barnette to table the public hearing until November 10, 2008. Seconded by Councilmember Saefke. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 2008 PAGE 8 UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING TABLED UNTIL NOVEMBER 10, 2008 11. Consideration of the Assessment for the Street Improvement Project No. ST. 2008-2. MOTION by Councilmember Saefke to remove this item from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8.54 P.M. Richard Pribyl, Finance Director, said this is a continuation of the Assessment for Street Improvement Proj ect No. ST. 2008-2 from October 13, 2008. This assessment is for the mill and overlay street project that involves 56 properties for a total of $107,384.03. The assessment is for 10 years at an interest rate of 6 1/2 %. Staff recommends the public hearing be opened and testimony taken from any property owners wishing to speak The resolution certifying the assessment is Item #12 on the agenda. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 8:55 P.M. OLD BUSINESS 12. Resolution Adopting Assessment for the 2008 Street Improvement Project No. 2008-2 (Tabled October 13, 2008). MOTION by Councilmember Varichak to adopt Resolution No. 2008-49. Seconded by Councilmember Barnette. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY NEW BUSINESS 13. Resolution Adoption Assessment for the 2008 Nuisance Abatement. MOTION by Mayor Lund make exception on 369 - 66th Avenue and to amend the amount to be assessed on this property less the administrative fee if paid prior to November 14. Seconded by Councilmember Saefke. Rick Pribyl, Finance Director, said that in this case staff is aware the property owner will pay. No one else has come forward saying they were in a situation such as this. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 2008 PAGE 9 Mayor Lund said that the property owner is willing to pay the abatement fee. One of the discussions would be to pay the bill and settle later. The property owner took it upon themselves to contact staff and asked for a three-day extension. Attorney Knaak said that in protection, Council has to treat someone in an identical circumstance the same. If someone else in a similar circumstance comes forward, Council would have to deal with them in the same manner. Mayor Lund said that Council tries to treat everyone the same and be cooperative. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Barnette to adopt Resolution No. 2008-50. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. Resolution Adopting Assessment for the 2008 Street Improvement Project No. 2008-01. MOTION by Councilmember Varichak to table the resolution until the November 10, 2008, City Council meeting. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Barnette said he received a call from a homeowner asking why they are being assessed on the street project before the project is completed. Jim Kosluchar, Public Works Director, said the project is not completely done but the majority of the project will be done by November 10. The City will complete the work in the spring, but the bulk of the work will be done this year. William Burns, City Manager, said that the estimated time for the project to be completed is November 3 through 10. Mr. Kosluchar said that most of the work will be done by November 3. 15. Informal Status Reports. Councilmember Varichak said on Saturday a paper shredding event will be held at City Hall from 9:00 a.m. to noon. She also reminded everyone to vote on Tuesday, November 4. If people are not sure where to vote, they can call the City or access the City's website for information. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 2008 PAGE 10 ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:45 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor