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12/19/1994 - 00004845� � � THE MINUTES OF THE REGUY,AR MEETING O� THE FRIDLEY CITY COUNCIL OF DECEMBER 19, 1994 The Regular Meeting of the Fridley City Council was called to order at 7:38 p.m. by Mayor Neee PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge oP Alleqiance to the Flag. �OLL CALLe MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, and Councilman Schneider MEMBERS ABSENT: Councilwoman Bolkcom CERTIFICATE OF APPRECIATION: SHERIFF KENNETH G. WILKINSON: Mayor Nee presented Sheriff Kenneth Wilkinson with a Certificate of Appreciation in recognition of his accomplishments as Anoka County Sheriff. He stated that Sheriff Wilkinson has expanded many County programs in the areas of drug enforcementp sexual assaultd arson investigation, death investigations, �,A.R.Ee, and DU3 enforcement. Ae stated that under his supervision, the crime lab has expanded, polygraph services provided, and a SWAT team unit developed, to name a few of the programs. Mayor Nee said that Ken is an outstanding public servant, a very fine law enforcement oEficer, and his contributions have made Fridley a better place x� which to live. Mr. Wilkinson said that he is proud of the accomplishments made during his last eight years as Anoka County SnerifE. He stated that he has received support from the Cityos former Public Safety Director, Jim Hill and the curren� Public Safety Directory Dave Sallman. He thanked Council ahd everyone �or ±heir support an� for the certificate of appreciation< Councilman Schneider stated that he hoped the professionalism oi the Anoka County Sheriff°s Department continues. He stated that he appreciated the great work Sheriff Wilkinson has doneo Councilman Billings stated that Sheriff Wilkinson will be deeply missed, and that it has been wonderfuY these last eight years working with such a professional law enforcement department. He stated that he hopes this continues beyond Sheriff Wilkinson's �enure. � � � FRYDLSY CLTY COUNCIL MEETING OF DECEMBER 19. 1994 PAGE 2 APPROVAL OF MINUTES: COUNCIL MEETING. DECEMBER 5, 1994e MOTYON by Councilman Schnei$er to approve the minutes as presented, Seconded by Councilwoman Jorgensona �pon a voice vote, all votinq aye, Mayor Nee declared the motion carrbed unanimouslye SPECIAL COUNCIL MEETING, DECEMBER 7, 1994: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslyo ADOPTION OF AGENbAa Mayor Nee said staff has requested that 3tem 8 be deleted from the agenda. MOTION by Councilman Schneider to adopt the agenda with the dele- tion of Item 8, Seconded by Councilman Billingsa Upon a voice vote, all voting ayep Mayor Nee declared �he motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. NEW BUSINESSe le RESOLIITION N0. 100-1994 ADOPTING A BUDGET FOR THE FISCAL YEAR 1995° Mayor Nee stated that the budget has had many months of work and a public hearing has been held. Mr. Pribyl, Finance Director, stated that this resolution adopts the 1995 budget, He said that the total budget is $ll,879,784, which includes the General Fund and all other funds. He stated that this budget maintains the same tax levy as the prior year, and it is also the fifth consecutive year that the City has maintained the same levya MOTION by Councilman Schneider to adopt Resolution No. 100-1994e Seconded �y Councilwoman Jorgenson, Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. --------------------------------------------------------- � � � FRZDLEY CITY COUNCIL MEETING OF DECEMBER 19, 1999 PAGE 3 2. RESOLUTION NO. 101-1994 DECLARING THE NECESSITY TO LEVY A TAX WHICH APPEARS TO BE IN EXCESS OF i6 MILLS AND CERTIFYING TAX LEVY REQUIREMENTS FOR T995 TO THE COUNTY OF ANOKA FOR COLLECTION• Mr, Pribyl, Finance ➢irector, said that thi� resolution approves the tax levy required for funding the 1995 budgete �e stated tfiat the total for all funds is $3,667,686a MOTION by Councilman Schneider to adopt Resolution No, 101-1994, Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OLD BUSINESS: ORDINANCE N0. 1D39 UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE �VACATIdN REQIIESTe SAV #94-03, BY MEARLIN NOADSTROM} (WARD 1)° MOTION by Councilman Billings to waive the second reading and adopt Ordinance No. 1039 on the second reading and order publication, Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, 4o ORDINANCE NO. 1040 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY. MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST. ZOA #94-03, BY DAVID STEWART AND ROBERT GILSTADI (WARD 2�: MOTION by Councilman Schneider to waive the reading and adopt Ordinance No. 1040 on the second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously, 5. ORDINANCE NO. 1041 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRIC�S (REZONING REQUEST, ZOA #94-05. BY BRUCE MOSEMAN OF SUPREME TOOL, INC.1 (WARD 2 L MOTION by Councilman Schneider to waive the reading and adopt Ordinance No, 1041 on the second reading and order publica�iono Seconded by Councilwoman Jorgenson. Upon a voice vote, all votin� aye, Mayor Nee declared the motion carried unanimously. 6, RE-ESTABLISH PUBLIC HEARING FOR JANUARY 9, i995, REGARDING HYDE PARK TAX STATUS PROPERTY OWNED BY THE ANOICA COUNTX COMMUNITY ACTION PROGRAM¢ Ms. Dacy, Community Development Director, stated that this pubTic hearing is regarding the leasehold cooperative tax status on ACCAP properties in Hyde Park. She stated �his woula mean that �he � � � FRaDLEY CITY COYTNCIL MEETING OF DECEMBER 19, i994 PAGE � apar�ments owned She stated that a and the residents public hearinge January 9, 1995. by ACCAP wouTd be taxed a� the homestead ra�e, neighborhood meeting was conducted on this issue, were also notified that Council would conduct a She recommended that this hearing be held on MOTION by Councilwoman Jorgenson to set the public hearing re�ar- ding Hyde Park property owned by ACCAP for January 9, 19950 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the mo�ion carrie� unanimouslye 7. ORDINANCE NO. 1042 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 603 ENTITLED 1°INTOXICATING �I UOR'° �Y AMENDING SECTION 603.10° Mr. Burns, Ci�y Manager, stated that the purpose of this amendment is to prohibit licensed liquor establishments from conducting teen nights or allowing children to participate in activities in those establishmentse He stated that the language proposed in Section 20 would prohibit events exclusive to children. He said that State law prohibits cities from restricting suc� events for persons age eighteen to twenty years of age, but under Section 21, persons under age eighteen would be allowed to en�ter a licensed estab- l�shment for the purpose of eating meals ar working. He said that the City has the authority to restrict anyone under age eighteen from entering a licensed establishment for any reason. MOTION by Councilwoman Jorgenson to waive the reading and adopt Ordinance No. 1042 on the second readinc� and order publicationa Seconded by Councilman Schneider, YTpon a voice vote� all votin� aye, Mayor Nee declared the motion carri�d unanimouslye NEW BUSINESS (CONTINUEDI: RESOLUTION AUTHORIZING SIGNING AN AGREEMENT FOR CERTAIN EMPLOYEES REPRESENTED BY INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL N0. 49, AFL-CIO (PUBLIC WORKS MAINTENANCEI FOR 1995° This item was deleted when the agenda was adopted. 9. FIRST READING OF AN ORDINANCE AMENDING CHAPTERS 506 AND 128 OF THE FRIDLEY CITY CODE, REGARDING PARKING OF LARGE COMMERCIAL VEHICLES ON RESIDENTIAL PROPERTY: Ms. Dacy, Community Development Director� stated that since the public hearing on this ordinance amendment, staff has addresse� Council's concerns and prepared a revised ordinance amendmento She stated that one large commercial vehicle weighing over 12,000 pounds would be permitted on a residential property. She statec] that the permit requirement, the maximum number oP days parked ora the property, and the fee has been eliminated. She state� that tta� � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 19. 1994 PAGE 5 operator of the vehicle must reside on the �roperty, and the vehicle must �e parked on a hard surface driveway ten feet from the front property line. Mso Dacy stated that noise cannot exceea standards provided for in Chapter 124 of the City Code, She statea that the City Attorney's office has suggested a specific reference to these standards which is Section 124ao3.02 L50. Ms. Dacy stated that the ordinance provides that a vehicle's engine must not idle for more than thirty minutes in any one hour. She stated that a chanqe is proposed that in no case shall the engine idle for more than two thirty-minute periods in a twenty-four hour period, She stated that recreationai vehicles are exempt from this ordinance, as well as boats and boat traiTers. Language has been added defining passenger automobiles, pick-up trucks, and �ans, Ms. Dacy stated that vehicles not in compiiance with the require- ments of this ordinance must be removed from the property b� March 1,1995. She suggested that this da�e be changed to perhaps June 1, 1995 in order to allow a property owner additional time for installation of a hard surface driveway� Councilwoman Jorgenson felt that a June 3, 1995 date may not be enough time to comply and perhaps �he date should be July 1, 1995, ' Mro Herrick, City Attorney, stated that the language can �e reviewed prior to the second reading of the ordinance so tha� any corrections can be madee Mr. Schweikert, 6000 7th Street, asked ig a hard surface drivewav meant asphalt or concrete. Councilman Billings stated that a hard surface driveway woul� be either asphalt or concrete. MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Jorgenson. Councilman Billings asked if it was the intent to minimize the number or length of time an engine could idie. Ms. Dacy stated that the intent of the ordinance was to minimize the number of �imes a vehicle could be started, Councilman Billings felt that if that was the intent, he would suggest an engine must not idle more than two times a day and no more than thirty minutes a time. Mr. Herrick stated that the intent was that an engine must �ot idl� for more than thirty minutes in a 24 hour period. � Mr. Chies, 1530 Rice Creek Road, stated that if his engine could not idle more than two times a day it would preclude him comin� home for lunch with his vehicle. � � � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 19. 1994 PAGE 6 Councilwoman Jorgenson stated that the ordinance refers to ar. engine idling, and she did not believe it was his intention to come home and leave his vehicle running. Councilman Billings felt that B1idling�b probably should be clarified. Ms. Dacy stated that she would confer with the City Attorney and the common definition of the word "idle'a may sufficea UPON A VOICE VOTE �AKEN ON THE ABOVE MOTIONP a1Z voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to direct staff to revise the language in fhis proposed ordinance to incorporate the amen�ments presented this eveninge These amendments are as followse Section 506,13.1C to reference Section i24.03.02 L50 and ehange wordina �hat a vehicle's engine must not idle gor more than two thirty minute periods in twenty-four hours; Section 506.13.5 to change language to allow a sincyle vehicle to remain on �he property to July 1, 1995, rather �Chan March 1, 1995p if �he harcl surface driveway is the issue; and to define the word "idleo1° Seconded by Councilwoman Jorgenson. B7pon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimonsly, 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 REOUEST. ZOA #99-04, AY DAVE MCINTYRE OF CERES ENVIRONMENTAL) (L4ARD 3): Mayor Nee stated that the Ward Councilmember, Ann Bolkcom, is no�. here this evening and, while she does not object to Council taking action on this request, she is against this rezoning. Mr. Hickok, Planning Coordinator, stated that this is a request to rezone property from M-2 to M-3 for Ceres Environmental. He stated that the property is located east of 5101 Industrial Boulevard, north of FMC, and adjacent to the Burlington Northern rail line, He stated that the petitioner is proposing to construct a small building of approximately 12,000 square feet with a iarge screened area for storage and for servicing of vehicles at this site. Mr. Hickok stated that the Planning Commission recommendeci approval of this rezoning with seven stipulationsa which he outlined. He said that staff recommended eight stipulations. Mayor Nee asked if there were any objections from the neighboring property owners. Mr. Hickok stated that there was one inquiry about this rezoning from the owners of Minikahda Ministorage, but they dicd not indicate if they were for or against this rezoning request. � � � FRYDLEY CITY COUNCIL MEETING OF DECE�SER l�e 1994 PAGE 3 MOTION by Councilwoman Jorgenson to deny Rezoning Requests ZOA #94-04. Seconded by Councilman Schneider, Councilwoman Jorgenson stated that she did not object to the use of the property as proposed by the petitioner, C�res Enviro�menta�. She stated that, however, once the rezoning is approved, gt wouid allow a more in�ense use of the property possibly at some future date. She stated that this is her main objection to the rezoningo She stated that she would welcome Ceres Environmental into the community but not at this particular location. Mayor Nee asked if there was any other M-3 property available in the City. Ms. Dacy, Community Development Directore stated that there xs a vacant parcel north of Park Construction, whic� is probably abou� five or six acres in size. Councilman Schneider stated that he is concerned that thisp in effect, would be a spot rezoning. He stated that while the use proposed by Ceres Environmental is relatively benign, this may not always be the case. He stated �hat he would encourage staff to work with the petitioner to determine if there is other property available in the City for their business, UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Counciiwoman Jorgenson and Councilman Schneider voted in favor of the motion, Mayor Nee and Councilman Billings voted against the motion, Mayor Nee declared the motion failed. MOTION by Councilman Billings to waive the reading and approve the ordinance on first reading with the eight stzpulations as outlined by staff� Seconded by Councilman Schneidera MOTION by Councilman Billings to table this item to the January 9, 1995 meeting when all Councilmembers are present. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, Mayor Nee stated that the �ezoning requires four affirmative votes and regardless of when the vote is taken, it appears tha� �he rezoning will fai3. Mr. Herrick, City Attorney, stated that another possibility would �e to review the petitioneras plans an� determine if they could be accomplished under the present zoning. Mr. S�eve Johnson, representing Ceres Environmental, stated that staff said M-3 zoning would be more approprfate. He stated that �hey were to close on this property on January 9, 1995, and this date will not be extended without forfeiting their deposit. � FRIDLEY CZTY COUNCIL MEETING OF DECEMBER 190 1994 �AGE 8 Mr. Herrick suggested that Mr. Johnson check with their attorney regarding his opinion relative to cancelTa�ion of the purchas� agreement. He stated that perhaps the closing date couTd be extended for an additional dayo 11. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 30. 1994: A, SPECIAL USE PERMIT REQUEST SP #94-17, BY MICHAEL AND JULIE HELLER, TO ALLOW CONSTRUCTION OF A KITCHEN EXPANSION AND REPAIR OF AN EXISTING DWELLING IN THE FLOOD FRINGE DISTRICT, GENERALLY LOCATED AT 8245 RIVERVIEW TERRACE N.E. (WARD 31t Mr. Hickok, Planning Coordinator, stated that this as a request �or a special use permit to allow construction og a kitchen expansion and the repair of an existing dwellinq i� the flood �rznge district. He stated that �he Planning �ommissao� recommended approval of this reques� with three stipulatians, which �e outlined, He stated that a variance was also necessary to reduce the side corner setback from 17.5 feet �0 15.1 £eeto and this was approved by the Appeals Commission. MOTION by Councilwoman Jorgenson to grant Special Use Permit, SP #94-17, with the following stipulationse (1) the petitioner � shall submit an elevation certifica�e vergfying �he first floor elevation of the dwelling and the breezeway; (2j the petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability; and (3) �he petitioner shaTl grant a 15 foot flood control, street and utility easement along the west property line. Seconded by Councilman Schneider, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � B. RESOLUTION NOo 1D2-1994 APPROVING A SUBDIVISION. LOT SPLITo L.S. #94-07, TO REDEFINE LOTS 1 AND 2, BLOCK 10, GREAT NORTHERN INDUSTRIAL CENTER BY MOVING THE JOINT PROPERTY LZ�E 39 FEET EAST OF %TS CURRENT LOCATION (BY PLUNKETT'S PEST CONTROL) (WARD 3�e Mr. Hickok, Planning Coordinator� stafed tha� �his iot �pli� request is not to retain the two lot configuration, but allow the lots to exceed the two-acre minimume �e stated that the City Code allaws a 1-1/2 acre site, but the covenants for the Great Northern Industrial Center require a two-acre site, He stated tha� t�is lot split would move the lot line to the east 39 feet to allow the two lots to exceed the minimum �or the covenantso Mr. Hickok stated that the Planning Commission recommended approval of this lot spli� with five stipulations, which he outlined. MOTION by Councilwoman Jorgenson to adopt ResoTution No. 102-1994, with the following stipulations attached as Exfiibit A: (1) All FRIDLEY CITY COUNCYL MEETENG OF DECEMBER 19, 1994 PAGE 9 � building and site design standards shall meet or exceed the code requirements of the M-2 zoning districtp (2) a new survey sha11 be prepared showing the correct site configuration of Lots 1 an� 2a Block 10, Great Northern 3ndustrial Center; �3� the lot spli� shall be recorded with the Anoka County Recorder's Office prior to �ssu- ance of a building permit for either Lot 7L or Lot 2, Block 10, Great Northern Industrial Center; (4) the cost of any modifications to the utilzties related to this reconfiguration shall be the sole expense of the property owner or successor �or both Lots 1 and 2, Block 10, Great Northern Industrial Center; and (5) park dedication fees shall be paid at a ra�.e of $.023 pes square foot of land, Dedication fees shall be paid at the time of building permit issu- ance for each of Lots 1 and 2, Block 10, Great Northern Industa�ial Center. Seconded by Councilman Schneidere iJpon a voice vo�e, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning Commission meeting of Novemher 30, 1994e Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting ayea Mayor Nee declared the motion carried unanimously. 12. APPOINT CITIZEN ADVISORY COMMITTEE FOR CLEAN-UP WEEK, 1995: Ms. Dacy, Community Development Director, statecl that eight out of � nine positions have been filled for next yearos Clean-Up Week, She stated that the Environmental Quality and Energy Commission has appointed Jack Velin as an alternatey and the Rotary Club will nominate a person the first part of January, MOTION by Councilwoman Jorgenson to concur with the followinc� nominees for the Citizen Advisory Committee for Clean-LTp Week, 3995: Environmental Quality and Energy Commission, Dean Saba and Jack Velin (Alternate)p Parks and Recreation Commission, Susan Price; Kiwanis Club, Mary Bowen and Clem Coverston (Alternate)g Lions Club, Scott Lund; Rotary Club, (appointment to be made in January); Neighborhood Crime Watch Program, Melvin Bolin and Marvin Platt (Alternate)e Chamber of Commercep Woody NelsonP and the School District, Duane Knealing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayox Nee cieclared the motion carried unanimously. 13. APPROVE $2.000 CONTRYBUTION TO WOODCREST ELEMENTARY SCHOOL k'OR PLAYGROUND EOUIPMENT: Mr. Burns, City Manager, stated that School District No. 16 is requesting that the City provide $2,OOG to assist in rebui3ding the playground equipment that was destroyed in an arson fire. He said that the Parks and Recreation Commission concurs and recommends � that Council act favorably on this request. He stated that there are funds availabTe in the Parks Improvement Fund. � � � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 19, 1994 PAGE 10 Mr, Burns stated that the City has cont�ibuted $4,000 to Schoo3 District No. 13 and No. 14 and $2,000 to School District No. 16, so this $2,000 would make all contributions to the sc�ool districts equal. MOTION by Councilman Schneider to concur with the City Manager's recommendation and donate $2,00o from the Parlcs Capita3 Improvement Funci to Woodcrest Elementary School for replacement of playgrouncl equipment. Seconded by Councilwoman Sorgenson. Upon a voice votea all voting aye, Mayor Nee deciared the motion carried unanimously, 14. APPROVE 53,000 DONATION TO YNDEPENDENT SCHOOL DISTRICT NO, 330 Mr. Burns, City Manager, stated that this is a request to provide $3,000 from the Cable Television F'und to School District No. 13 for the purchase of video equipment, He stated that in 1993 Counci� determined that they would dedicate some of these funds to the school districts. MOTION by Councilman Schneider to concur with this reauest and donate $3,000 from the Cable Television F'und to School Distric� Noa T3e 5econded by Councilwoman Jorgensor�. Upon a voice �ro�eo all voting aye, Mayor Nee declared the motion carried unanimousYy, 15. F2ESOLUTION N0. 103-1994 APPROVING AN AGENT'S INSURANCE SERVICE AGREEMENT b4ITH CORPORATE 4 INSURANCE, INC.e Mr, Hunt, Assistant to the City Managerp stated that every three years the City has requested proposals on the insurance service agreement. He stated that this year twenty requests for proposals were mailed out, and nine were received. Iie stated that four were excellent proposals and specific services were reviewed. I+Ir. Hunt stated that he wished to express his thanks to John Sullivan, Risk Management Coordinator for Anoka County, and Paul Hansen of the City's staff who assisted in the reviewal process. He stated that Mr. Sullivan felt the City was in a good position to consider self insurance. Of the four agencies being considered, all were willing to conduct a self insurance feasibility study. p-Ie stated that Mike Hadtrath, Vice President of Corporate 4 Insurance, Inc., has done such a study for the City of Bloomingtora a few years ago and was interested in doing the same for Fridley at no extra charge. He stated Corporate 4 is the City's current agent, and they have complied with all contractual obligations. He state� that it is recommended that Corporate 4 Insurance, Inc. continue as the City's Insurance Agent of Record for the next three years. MOTION by Councilman Schneider to adopt Resolution Noo 103-19940 Seconded by Councilwoman Jorgenson. Upon a voice vo�e, all voting aye, Mayor Nee declared the motion carried unanimouslyo FRIDLEY CITY COUNCIL MEETING OF DECEMBER 19. 1994 EAGE il � 16. RESOLUTION NOe 104-1994 AUTHORIZYNG AN INCREASE IN COMPENSATION FOR FRIDLEY CITY EMPLOYEES FOR THE 1995 CALENDAR YEAR: Mre Hunt, Assistant to the City Manager, �tated that thi� resolu- tion authorizes an increase in compensation for City employees. &ie stated that there is a general increase o� �hree percent in salaries; increases in the City°s contribution toward ithe E'lexible Benefit Plan; and increases in the automobile allowance and mileage reimbursement. He stated that there is a$2,250.0o cap per employee per year on the educational benefi�, Councilman Schneider asked the average net increase in compensation and benefits on a dollar basis. Mr. Hunt stated that this has not �een calcula�.ecY. Councilman Schneider felt that this is something that should be done this year so that the figures are available ior next yea�°o MOTION by Councilwoman Jorgenson to adopt Resolution Noe 304-1994a Seconded by Councilman Schneidere Upon a voice vote, ail voting aye, Mayor Nee declared the motion carried unanimously. � 17. RESOLUTION APPROVING PLANS AND REOUESTING ANOKA COUNTY TO PROCEED WITH IMPROVEMEIVTS ON EAST RIVER ROAD FROM JANESV%LLE STREET TO NORTH CITY LYMITS COUNTY (S.Pe 02-601-35) C3TY �S.A.P, 127-020-15) CITSC STREET IMPROVEMENT PROJECT NO, STe 1995-4; AND ESTABLISHING A PUBLIC HEARING FOI� JANUARY 23.1995 ON THE PROPOSED CONCRETE CURB AND GUTTER ASSESSMENT: Mr. Flora, Public Works Director stated that Anoka County is preparing plans for the 1995 improvement of East River Road �rom Kimball Street north to Highway 610. Iie stated that it is requested that Council approve the plans and schedule a pubTic hearing to identify the cosf.for the concrete curb and gutter. He stated it is suggested that the Ci�y defer the final assessment and incorporate this assessment into the overall Last River Road improvements currently scheduled for 1496. MOTION by Councilwoman Jorgenson to set the public hearing on the proposed concrete curb and gutter improvement for January 23, 1995. Seconded by Councilman Schneidera Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously, Mr. Herrick, City Attorney, asked if there would be a problem if � the resolution approving the plans was not considered until after the public hearing. Mr. Flora stated that it would delay the County's processing of the plans. � � � FRIDLEY CITY COUNCIL %EETYNG OF DECEMBER Y9. 1994 PAGE 1� Mr. Burns, City Manager, stated that �he City does not become committed to the project when it approves the plans but when the Soint Powers Agreement is approved. Mr, Herrick stated that he has na pioblem i� there is �ot a commitment until the Joint Powers Agreement is approvede Mr. Flora stated tha� the public hearing is the Czty°s method oi informing the residents of the improvement projecto Councilman Schneider asked why the plans had to be approved before the public hearing is held. Mr, Flora stated that the procedure is �o approve rhE pla�s, have a public hearing, and then consider the Joint Powers Agreement. Mr. Herrick stated that normally plans for a project are approved before the public hearing is held. He stated that at the time of the public hearing comments are received and Council then adver- tises for bids, He state� �hat he felf this procedure was satis- factory to approve the plans and conduct the public hearing, as long as there is no commitment on the Cityos part until a 3oint Powers Agreement is approaed. Mr. Flora stated that the County needs approval from the City in order to proceed with their process �o the State and Federal governments, Councilwoman Jorgenson stated that she did not want �o approve the plans when the oosts are not known. Mr. Flora stated that these figures would not be available until Council receives the Joint Powers Agreement. Mr. Herrick stated that the language which states that �he County be requested to proceed with the improvements could be eliminated. MOTION by Councilwoman Jorgenson to adopt Resolution Approving Plans and Requesting Anoka County to Proceed with 3mprovements on East River Road from Janesville Street to North City Limits. Seconded by Councilman Billings. MOTION by Councilwoman Jorgenson to amend the above resolution by eliminating all language after the word "approved" an the thir� paragraphe Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrie� unanimously. There was discussion by Council if adoption of this resolution preempts the public°s input. Mr. Burns stated that the plan could probably be approved at the time of the public hearing since only several weeks would be lost. � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 19. 1994 PAGE 13 MOTION by Councilwoman Sorgenson to �able consideration of this resolution until after the public hearing on January 230 1995. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousYye Mre Mike Heller, 8245 Riverview Terrace, asked if �here would any additional �raffic signals installed with this improvement, Mr. Flora stated that the pTans do not incYude the installation of additional traffic controlso 18. RESOLUTION NO. 105-1994 PROVIDING FOR SEWER RATE INCREASES: Mr. Pribyl, Finance Director, stated that the City has experienced annual increases in the sewer disposal charges that amount to over $1,OOO,o00o He stated that these increases were mainly due to the installation of a new meter that measures the amount of sewage flowing out of the City, He stated that the City has only been generating revenues totaling less than $500,00o causing large annual losses. He feels that if the trend continues, it will drain all cash from this fund in a few yearse Mr. PribyY stated that the increase in rates from $1067 to $1.83 per thousand gallons is only expected to generate about an addi- � tiona3 $300,000. Even with this increase, Fridley is still one of the lowest charging communities. He stated that this zncrease would amount to about $9.60 annually for the average single family homeowner. Councilwoman Jorgenson stated that it is known that �he City ha� some infiltration problems within the sewer lines. She asked how it would affect the rates if the City adopts a sump pump ordinance that prohibits dumping into the sanitary sewer line and if the City would be overcharging, Mr. Pribyl stated that even with the increase, it is estimated that in 1995 the City will be operating at a loss, He stated it is estimated that in 1997 Fridley will finally catch up with the new meter and, hopefully, experience a decrease in rates. Mr. Flora, Public Works Director, stated that the Metropolitan Waste Control Commission for the last five years has been averagin� about a nine percent increase every year, He stated that the Ci�y �as not kept up with �hose increases. Couttcilman Schneider felt that the residents should be notified o¢ this increase �rior to receiving their sta�ements. � Mr. Pribyl stated that there was an article in the newsletter that related to increased costs. He stated that information would be sent on the increase if the resolution is adopted. FRIDLEY CITY COUNCIL MEETYNG OF DECEMBER 19. 199� PAGE Y� �Mr. Burns, City Manager, stated that the City is experiencing this _ cost from the MWCC and does no� have control over these ratese MOTION by Councilman Schneider �o adopt Resolution No. 105-1�94, Seconded by Councilman Billingse MOTION by Councilman Schneider to amend the fourth paragraph of this resolution by eliminating the word °1immediately'p and substituting the words °1the first �illxng in �ebruary, 1995,ov Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslyo UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MoTION by Councilman Schneider to direct staff to work with Mayor Nee to draft a public information letter relative to both the sewex° and water rate increases. Seconded by Councilman Biilingse Upora a voice vote, all voting aye, Mayor Nee declarecl the motion carrzed unanimouslyo 19, RESOLUTION PROVIDING FOR WATER RATE CHANGE: Mr. Pribyl, Finance Director, stated that it has been four years � since the water rates have been increased. He stated that 1993 was the first year this fund has shown a loss, and it is anticipated that in 1994 the fund could lose up to $330,000, kie stated �ha� over the past years rainfall and climate changes were more mormal, and there has been reduced water consumption. Mr. Pribyl stated that the increase recommended is from $.60 per 1,000 gallons to $.66 per 1,00o qallons for zero to 5,000,000 gallons consumed and over a 5,000,000 gallon consumption, $.70 per 1,000 gallons. He stated that if these rates are implementedP Fridley still has one of the lowest water rates og surrounding communities, ]He stated that for a consumer using 30,000 gallorrs per quarter, the increasec� cost would be $19.80 per yeare Councilwoman Jorgenson stateci tfiat ttie quality of water she receives has decreased since the TCAAP project has been completed, and there is three times the amount of iron and manganese. She stated that she has had to install a filter and use special addi- tives to reduce the manganese and iron. She stated that she under- stands the need to recapture the costs on water and sewer, but 'che water quality has to be at Teast what it was before the TCAAP project. Mr. Flora, Public Works Director, stated that fifty percent of the water from TCAAP is being filtered; however, �he plant that does � not have the filter is on the far east end of New Brighton so there is some impact to the water the City receives. He stated that tne water the City receives from New Brighton is inter-mixed with FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 1994 PAGE 15 � Fridleyos water so at Teast 75 percent is filtered under normaT operations. Mr. Burns, City Manager, asked the cost to install a filter for the TCAAP water. Mr. Flora stated that it woulci cos� $300,000 to $500,000. I-Ye stated that Fridley has always had a probiem with manganese and iron in the water. Councilman Schneider stated that when Council conducted the hearings for the TCAAP project, he honestly feAt the City hacT assurances that the water quality would be as goocl or better than Fridley's water. He stated that the City has invested a huge amount of money in the water system over �he years. He stated that he certainly hears from a lot of peopTe that the water is not qood, Mr. Flora stated that the New Brighton system is to be one hundred percent iron and manganese filtered by the end of 1995. Councilman Schneider felt that the manganese in the water the City is receiving from TCAAP should be measured, Mr. Flora stated that the water could probably be tested in the � next montho Mayo�° Nee asked the projected losses for 1994 and 3995. Mr. Pribyl stated that there would probably be about a$130,000 deficit in 1994 and $300,000 in 1995. He stated that there have been changes in water usage through conservation, and the overall impact has been less consumption. Mayor Nee felt that the magnitude of the loss fias not been justi- fied, and it may not be as siqnificant as there are a lot of unknowns. He felt that perhaps this rate increase shoulcY be delayed for a year. Mr. Pribyl stated that in the budget work sessions an analgs:,s was provided for both the sewer and water funds, 'rIe stated tha� difPe- rent scenarios were provided taking into consideration rate increases or no rate increases as well as capital improvements. Councilwoman Jorgenson stated that, with a rate inoreaseP people may conserve even more wafer which would reduce the revenue. Councilman Billings stated that what he is hearing is that the cost to the City to produce the water is more than �he revenue that is generated. He stated that the quality is not acceptable to some � of the Councilmembers, but if filters have to be installed this would result in a greater cost �o the customer. He stated that b� not implementing this increase now the City will have to raise � � � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 19. 1994 PAG� S6 rates higher in the future or use funds £rom the General Fund to defray losses in ihis fund, Councilman Schneider stated that some residents feel they are not getting quality water, and he has a problem if they have to pa� more for an inferior product, Mr. Flora stated that he felt the majority of the residents are experiencing improved water qualitye He stated that he is receiving less calls on rusty water. He felt that the City was providinq a quality product, and the problems with iron and manganese are related to use, He state� that unless the water is continually flowing through the pipes there will be sedimentatio� from iron and manganesee Iie stated that there is a process to clean the pipes, but it is expensive, MoTION by Councilman Billings to move the ]Resolution Providing for Water Rate Change. Seconded by Councilmaa� Schneider, MOTION by Councilman Schneider to amend the fifth paragraph by substituting the word "February" for 10January�°< Seconded by Councilman Billings. Upon a roll call vote, Councilmara Schneider, Councilman �illings, and Mayor Nee voted in favor of the motion, Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried by a 3 to 1 vote� Councilman Schneider stateci that since Councilwoman Bolkcom is not here this evening he would recommend that this item be tablecl to the January 9, 1995 meetinge MoTION by Councilman Schneider �o table consideration of this resolution to the January 9, 1995 meeting. Seconded by Councilman Billings. Upon a voice vote, all votinc� aye, Mayor Nee declared the motion carried unanimously. 20. APPOINTMENT: CITY EMPLOYEES: MoTION by Councilman Schneider to concur with the following appointments by the City Managere Starting Starting Name Posit]on Salarv Date 12eplaces Nathan Reis Joseph Ferrato GIS Technician Non-exempt Public Services Worker Streets 1Von-exempt $12.48 per hour 1994 rate $10.88 per hour Jan. i, 1995 Dec. 20, 1994 New Position Kim Herzmann Seconded by Councilwoman Jorgenson. Upon a voice votey all voting aye, Mayor Nee declared the motion carried unanimously. � � � FRIDZEY CZTY COUNCIL MEETING OF DECEMBEA 19, 1994 PAGE li 21. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, s�a�ed that there were no informal status reports. 22. CLAIMS' MOTION by Councilman Schneider to authorize payment of Claim Nos. 59201 through 59446. Seconded by Counciiman Billinqs. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23e LICENSESo MOTION by Councilwoman Jorgenson to approve �he licenses as sub- mitted and as on file in the License Clerkos Office. Seconded by Councilman Schneider, Upon a voice vote, all voting ayeg Mayor Nee declared the motion carried unanimously, 24. ESTIMATES: MOTION by Councilman Schneider to approve the estimates as submittedo Richmar Construction, Ince 7776 Alden Way, N.E. Fridley, MN 55432 63rd Avenue Booster Station TCAAP FINAL ESTYMATE . . . . . . . . . Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard, N.W. Minneapolis, MN 55433 Statement for Services Rendered as City Attorney for the Month of November, 1994 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Statement for Services Rendered as City Prosecuting Attorney for the Month o� October, 1994, � o, a e a a o o. o, . $ 335.00 $ 2,712.80 $10,500,00