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01/23/2012 - 31302CITY COUNCIL MEETING CITY OF FRIDLEY JANUARY 23, 2012 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:33 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Darcy Erickson, City Attorney James Kosluchar, Public Works Director Julie Jones, Planning Manager Darin Nelson, Finance Director/Treasurer Mayor Lund said that there was a technical flaw in the publication of the Preliminary Assessment Hearing for Street Rehabilitation Project No. ST2012-01-23 and it will need to be rescheduled. MOTION by Councilmember Saefke to move Item Nos. 5 and 6 to the front of the Agenda. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Saefke to strike Item No. 5, Preliminary Assessment Hearing on Street Rehabilitation Project No. ST2012-01-23 from the agenda. Seconded by Councilmember Bolkcom. Councilmember Bolkcom asked why it was being cancelled. William Burns, City Manager, said there was a defect in the legal notice but it had nothing to do with redefinition of the project. Darcy Erickson, City Attorney, said the defect had to do with the content of the publication, not a change of area for the project. The public notice needs to include the estimate of the project and it was not included in the publication. Councilmember Bolkcom added this is part of the state statute and the publication in the Sun Focus must be correct. FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2012 PAGE 2 Attorney Erickson said the individual notices that were mailed included the cost, but the public notice also has to include the cost. The notice will need to be republished according to state guidelines and laws. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY MOTION by Councilmember Saefke to strike Item number 6, Resolution Ordering Final Plans, Specifications and calling for Bids: 2012 Street Rehabilitation Project No. ST 2012-01, from the agenda. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION BY Councilmember Saefke to direct staff to republish the public notice and set up a public hearing for February 13, 2012. Seconded by Councilmember Bolkcom. Councilmember Bolkcom said residents will get another mailing notice of the new public hearing. If homeowners cannot attend the new public hearing, they may send a letter to the City. Councilmember Saefke noted that all the letters that were mailed out from the City had correct costs, this is strictly a legal publication issue. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PRESENTATION: WinterFest: January 28, 2012. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of January 9, 2012 Councilmember Saefke noted that on page six, it should read "MOTION by Councilmember Saefke to accept the petition into the record." APPROVED AS AMENDED. NEW BUSINESS: 1. Approve Change Order No. 1 for Water Treatment Plant 3 Improvement Project No. 405. FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2012 PAGE 3 William Burns, City Manager, said $8,100 was saved by using a less expensive filter media for the treatment facility at Well #12 on Highway 65. An additional $5,957 was spent by having the contractor sandblast the backwash tank The net savings associated with these changes is $2,143. Staff recommends Council's approval. APPROVED. 2. Claims (153691— 153860). APPROVED THE CLAIMS AS SUBMITTED AND AS ON FILE. 3. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF 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 THE AGENDA: MOTION by Councilmember Bolkcom 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: William Burns, City Manager, responded to a concern that arose at the last meeting regarding Fridley Terrace and concerns about the Police Department not responding to calls or doing frequent checks on the streets and residents. He spoke with the Police Department and they do respond to police calls that are made. There was also a concern that some construction was going on without a permit. A small shed was being constructed but that does not require a building permit. He tried to meet with the individual who brought these concerns forward but the individual cancelled the meeting. He said he tried to contact the individual, but was unable to reach him. Mayor Lund added that he also spoke with the Resident Manager of Fridley Terrace and he is satisfied with the police assistance. He had nothing but good things to say about our Police Department. FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2012 PAGE 4 PUBLIC HEARINGS: 4. Consideration of Ordinance Proposing to Amend Section 2.06 of the Fridley Charter, Pertaining to Vacancies in the City Council. MOTION by Councilmember Bolkcom 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 8:00 P.M. Debra Skogen, City Clerk, said in May of 2010, the Minnesota State Legislature made changes to the State's election laws determining when special elections could be held. Staff brought this issue to the Charter Commission for discussion. Ms. Skogen said the biggest change in the law was the City's inability to hold a special election between the State Primary Election (held the second Tuesday after the first Monday in August) the State General Election (held the first Tuesday after the first Monday in November) or within 40 days after the State General Election. She said if a vacancy did occur, the City would need a minimum of 67 days to prepare for an election. That would enable the appropriate time to publish the Notice of Filing, provide the appropriate time for the filing period, test the electronic election equipment, and provide absentee ballot voting. Ms. Skogen said the Charter Commission reviewed the current Charter language; reviewed other city charters for examples; discussed several amendments with the City Council in a joint work session and finally recommended an amendment by ordinance, allowed by MN Statute 410.12, Subd. 7. She said the Charter Commission found the majority of other city charters allowed a vacancy to be filled by appointment until the ne�t regular election. Due to the inability to hold a special election during that time period, a council seat could be left vacant for a considerable amount of time. And, due to the cost of a special election, an appointment would help save the city approximately $15,000 for each special election. Ms. Skogen said based on the Charter's Commissions findings, the Charter Commission recommended amending the Charter to allow for a vacancy to be filled by appointment and defined the specifics of the amendment. Ms Skogen said state law required the publication of the public hearing and amendment prior to the public hearing. The Notice was published in the Fridley Sun Focus on January 5, 12 and 19, 2012. Staff recommended holding the public hearing. Councilmember Bolkcom asked if conference meetings were considered Council meetings for the section pertaining to vacancies. Ms. Skogen answered it did not include conference meetings, only Council meetings. FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2012 PAGE 5 Councilmember Saefke said the Charter Commission did a great job in cleaning up the language and clarifying this ordinance. Councilmember Bolkcom asked what the ne�t steps were to approve the amendment. Ms. Skogen said the first reading is scheduled for February 6. The second reading will be held on February 13. If the ordinance is adopted it would become effective 90 days after the day of publication. Marilyn Sullivan, 522 — 66th Avenue N.E., asked why a general election would not be held if there were less than three members. Councilmember Bolkcom said there would be an election and one or two would be appointed until the ne� election. Ms. Sullivan asked if this were adopted, would it be put into law by Council. Mayor Lund said the Charter Commission has reviewed this and made changes that will conform better. The Charter Commission makes recommendations to Council for final approval. If there is a vacancy someone would be appointed until the ne�t general election. Ms. Skogen said there are four ways to amend the City Charter. The Charter Commission can submit an amendment to the people to vote on. A group of people can initiate an amendment for people to vote on. The Charter Commission can recommend language changes for Council to adopt and Council would have a public hearing and a first and second reading. If during that time citizens do not like what is passed, they can petition for a referendum of the ordinance. The fourth way is Council can recommend an ordinance to the Charter Commission and they can send it back to Council for approval. Councilmember Bolkcom said this is similar to how our neighboring communicates handle vacancies. Councilmember Saefke asked if the Charter Commission unanimously adopted this ordinance. Ms. Skogen replied yes. Councilmember Bolkcom noted the City Council does not recommend or adopt Charter Commission members. Ms. Skogen added that if anyone is interested in joining the Charter Commission, they should contact her for an application. A lOth Judicial District Judge appoints new members. Councilmember Varichak asked how many members were on the Charter Commission. Ms. Skogen answered 15. Recently a member was removed but a new individual was appointed. The maximum is 15 and quorum is seven. The Charter meets eight months out of the year. FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2012 PAGE 6 MOTION by Councilmember Barnette to close 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 CLOSED AT 8:12 P.M. 5. Preliminary Assessment Hearing on Street Rehabilitation Project No. ST2012-01-23. THIS ITEM WAS STRICKEN FROM THE AGENDA. NEW BUSINESS: 6. Resolution Ordering Final Plans, Specifications and calling for Bids: 2012 Street Rehabilitation Project No. ST 2012-01. THIS ITEM WAS STRICKEN FROM THE AGENDA. 7. First Reading of an Ordinance Establishing Chapter 224 of the Fridley City Code, Entitled "Storm water IDicit Discharge Detection and Elimination." James Kosluchar, Public Works Director, said in accordance with the Federal Clean Water Act, the Fridley's storm water system has been permitted as a small municipal separate storm sewer system (MS4) since 2002. In Minnesota, all small MS4s are permitted by the State of Minnesota, as administered by the Minnesota Pollution Control Agency (MPCA), who is the permitting authority for the City of Fridley MS4. Mr. Kosluchar said in response to national findings that indicate storm water discharges continue to fail to meet water quality standards; the United States Environmental Protection Agency (USEPA) has been directing that more stringent controls be applied to MS4s nationwide. The Fridley's MS4 permit has been reissued as recently as 2008. This permit reissuance required that ordinances in the City of Fridley must be in place to address Illicit Discharge Detection and Elimination (IDDE). Mr. Kosluchar said the City provided a schedule to the MPCA by which new legislation is established by March 2012. This schedule was accepted by MPCA. On January 9, the City Council held a public hearing for this ordinance. There was no public comment; however the City Council recommended some modifications to clarify the language in the ordinance. These changes are reflected in the ordinance presented with changes shown since the public hearing. In addition, italicized te�t was removed in consistency with other chapters of the City Code. Mr. Kosluchar said staff is asking Council to approve the first reading of the proposed ordinance establishing Chapter 224, Fridley City Code entitled Storm water Illicit Discharge Detection and Elimination. Councilmember Bolkcom asked if the second reading would be held on February 6. FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2012 PAGE 7 Mr. Kosluchar answered yes. MOTION by Councilmember Saefke to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. Resolution Ordering Preparation of a Preliminary Report and Preliminary Plans and Specifications for the Jackson Street Drainage and Street Improvement Project No. 413. James Kosluchar, Public Works Director, said on December 14, 2011, an open house was held to discuss the need and options for providing a storm sewer on the 7300 and 7400 blocks of Jackson Street for connection of sump pump discharge lines. Twenty-two property owners were notified of the meeting by mail, and residents from eight properties attended. Staff gave a presentation of the issues and possible solution by constructing a storm sewer that could service the properties. These were presented as concepts, and it was noted that feasibility and preliminary design processes would have to take place if there is interest in the project. Mr. Kosluchar said the condition of Jackson Street was also discussed; while this was not the focus of the meeting, staff indicated that the City was hesitant to repair the street prior to rerouting of the sump pump discharges. Staff explained that the street work would likely be on a different timetable and could be reasonably considered for 2013. The need for special assessments and resident participation was explained for both storm sewer and street improvements, and residents indicated support for improvements after considering that their participation is estimated at $1,250 for the storm water improvements, and $2,000 for the street improvements. Mr. Kosluchar said subsequently, on January 9, 2012, Duncan Wagner of 7370 Jackson Street presented the City Council with the two attached petitions for the storm sewer improvements and street improvements. If the council chooses to proceed with an improvement based on a petition, it must have the signatures of the owners of at least 35 percent of the frontage properties bordering the proposed improvements. Both petitions have been reviewed by staff and provide over 65% of the required signatures for a petition-initiated project. Staff asks that the City Council initiate the storm sewer and street projects requested. This will expedite the project by avoiding publication of a resolution determining whether the petition is legally sufficient. Mr. Kosluchar said the ne�t step to move the project ahead under the special assessment process is preparation of a feasibility report. This report will address the scope of the work along Jackson Street. Preparation of the feasibility report will allow staff to determine what construction is needed and can take place within the CIP budget. The feasibility report will provide a recommendation to the City Council on what construction should take place and the timing of the improvements. FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2012 PAGE 8 Mr. Kosluchar said this resolution orders the preparation of a feasibility report and preliminary plans for the project. The scope of the proposed report will address street improvements, storm sewer improvements, and consider utility work, such as water main and sanitary sewer. Staff recommends the City Council adopt the attached resolution. MOTION by Councilmember Saefke to adopt Resolution No. 2012-06. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. Motion to Select Curbside Recycling Proposal and Authorize Staff to Negotiate a Contract. Julie Jones, Planning Manager, said currently there is a residential curbside collection service to 9,211 households (SFH - 12 unit buildings). This does not include yard waste collection or involve drop-off events. The existing service is a two-sort, weekly service. Allied Waste has been Fridley's curbside recycling contractor since 1999. The reason a RFP was solicited is because the existing curbside contract expires March 31, 2012. Ms. Jones said Allied Waste presented staff with an offer to switch to single sort recycling several months ago. Upon advice from our legal counsel, staff decided it best to deny the offer and conduct a request for proposal, opening the opportunity to any licensed recycling company. A RFP packet was developed and placed on the City web site. Notices were sent to the seven companies licensed in mid-December and there was a short deadline to respond by January 4, 2012. The deadline needed to be short with the contract ending in only three months. Staff had delayed the RFP due to the organized refuse collection study. Ms. Jones said two proposals were received from ACE and Allied Waste. The RFP had requested an option to e�tend the existing two-sort service one year and an option for a multi- year single sort service. Revenue sharing on the value of recyclables collected was required and also sharing in the public's education needs of a new type of service was required. Ms. Jones said staff used a point system similar to job application reviews to analyze the various components of each proposal. Both proposals scored well, but the City could not afford ACE's one-year option. Allied did not offer a one-year option. Each company presented a 7-year single sort option, but neither proposal was affordable during the last two years of term. Staff requested a third option asking the two companies to rework their offers to remove revenue sharing. Staff concluded that the unpredictability of revenue sharing, combined with the County's funding system was risky. Charter limits on changing recycling service rates prohibits the City to adjust the utility billing charges to match market rate fluctuations. Ms. Jones said ACE responded with the same price without revenue sharing, but offered to manage the City's drop-off events. This was such a significant change, that if accepted, it would require the City to re-do the RFP. Allied Waste significantly reduced their monthly fee/HH/mo to $2.35 compared to the current rate of $2.65. FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2012 PAGE 9 Ms. Jones said the Allied Proposal would be an every other week single sort collection in carts, with a 7-year contract, including the cost of carts. The price per household per month starts at $2.35 and increases to $2.61 in the final year. There would be no revenue sharing and they would be adding other #1-7 plastic food containers, aseptic and shopping bags. They would also direct mail educational materials twice per calendar year. Ms. Jones said the Environmental Quality & Energy Commission reviewed information about the proposals on January 17. Their January 10 meeting was delayed a week to allow their input on revisions. The Commission passed a motion favoring the revised proposal from Allied Waste. Staff concurs with the EQEC that Allied Waste's proposal offers the best financial option for the City. Councilmember Saefke was surprised at the cost. Even after seven years, it is cheaper than what we are paying today. If we do not get any revenue sharing it is a good trade-off. Councilmember Bolkcom asked what kind of revenue has been received over the last several years. Ms. Jones said the City used to receive over $100,000 per year, but lately it is down to nothing. In December it was about $7,000 so it is starting to bounce back a little bit. Councilmember Bolkcom asked what the funds are used for. Ms. Jones said the funds have to be dedicated to recycling. Some cities use the funds to buy new park equipment but we use it towards recycling. One good thing the revenue was used for was to be able to offer the recycling drop-off events free. That service may change over time and we may have to charge fees for that event. Councilmember Bolkcom asked if there would still be a drop-off recycling event in April. Ms. Jones answered yes, on April 21. There are still revenues coming in from last year so we will be able to use those funds to offset the costs. Councilmember Bolkcom asked if the one-sort service creates more waste because it gets contaminated. Ms. Jones said that was a concern because a lot of the glass gets broken and then it is difficult to separate by color. One-sort is an inconvenience but it is offset by the added recyclables from people because it is easier to recycle. Councilmember Bolkcom noted that apartments struggle with recycling and she asked if this would be an advantage to them. FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2012 PAGE 10 Ms. Jones said currently, apartment complexes with 5 to 12 units have carts on an every other week system. With the single sort, the building with six containers may go down to four so that could be a space savings advantage. Councilmember Bolkcom said adding plastic containers is going metro-wide. Ms. Jones said that is correct. She asked people not to recycle the additional plastics until the City starts this new service, because there is no equipment installed at this time to take those items. Councilmember Bolkcom asked if residents could request a smaller container. Ms. Jones answered yes, one size will be delivered to everyone but if people want to switch out later on, they can ask for a smaller one. Councilmember Varichak asked what would happen to the bins we are currently using. Ms. Jones said that people can keep them if they want. Allied would take them back, but we do not know how that will work yet. Mayor Lund said the single cart system will be nice and it should cost less as they will be picking up half as often. Regarding the recycling events, the letter says funding could be available for relevant specific projects when needed. He would like to continue the recycling events. Maybe Allied could help out with those events. Ms. Jones is confident we will continue the drop-off events. Staff will continue to pressure Anoka County into developing a permanent facility to serve all Anoka County residents with a permanent year-round facility. Councilmember Saefke reminded everyone of the paper shredding event once a month in Blaine at Aquatore Park There is also a 10-yard dumpster there too to drop off recyclables. William Burns, City Manager, added that there is an arrangement with Hennepin County that Anoka County residents can use the Hennepin County facilities. They are open almost every day of the week There is a fee, but it is affordable. Electronics can be brought to Best Buy and most items dropped off are free of charge. MOTION by Councilmember Saefke to select the Allied Waste Curbside Recycling Proposal and authorize staff to negotiate a contract. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2012 PAGE 11 10. Informal Status Reports. Darin Nelson, Finance Director, said there will be a link on the City's website for a caucus finder. Councilmember Bolkcom reminded residents that they can recycle Christmas lights through the end of the month. William Burns, City Manager, said that the City newsletter will be distributed the first week in February. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:55 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor