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09/11/2000 - 00008845THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 11, 2000 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 8:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. PROCLAMATIONS: Undoin� Racism Day — September 20, 2000 Mayor Jorgenson declared September 20 as Undoing Racism Day in the City of Fridley, Minnesota. She urged all citizens to join together to reaffirm our commitment to ensure equality and freedom for all people, regardless of race, religion, sexual preference or gender. National Prostate Cancer Awareness Month - September, 2000 Mayor Jorgenson declared the month of September, 2000, as National Prostate Cancer Awareness Month in the City of Fridley, to increase awareness and use of early detection practices by men to controlling prostate cancer. National Breast Cancer Awareness Month - October, 2000 Mayor Jorgenson declared October, 2000, as National Breast Cancer Awareness Month in the City of Fridley, whereas early detection and prompt treatment significantly reduce suffering and deaths caused by this disease. National Mammography Day - October 20, 2000 Mayor Jorgenson declared October 20, 2000, as National Mammography Day in the City of Fridley. ROLL CALL: MEMBERS PRESENT: Mayor 7orgenson, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe, and Councilmember Bolkcom MEMBERS ABSENT: None STATEMENT OF MEETING CONDUCT: Please be reminded that those present at today's meeting may hold a variety of views and opinions regarding the business to be conducted. The exercise of democracy through representative local government requires that ALL points of view be accommodated at these proceedings. It is further expected that a standard of mutual courtesy and respectfulness be exercised by all in attendance, through our individual expression, manner of speaking, and FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2000 PAGE 2 conduct. Therefore, please receive the views of others with the same degree of courtesy and respect which you desire to be given your views and opinions. Any departures from this standard will be addressed by the Presiding Officer through whatever means are deemed appropriate. Thank you for your attendance at today's meeting, and your agreement to abide by these standards of personal conduct. APPROVAL OF MINUTES: City Council Meetin o'°� f Au u.°� st 28, 2000 APPROVED. OLD BUSINESS: 1. ORDINANCE NO. 1144 REPEALING CHAPTER 207 AND AMENDING CHAPTER 402 OF THE FRIDLEY CITY CODE PERTAINING TO WATER AND SEWER ADMINISTRATION: Mr. Burns, City Manager, stated that this amendment reflects recent changes in State Rules and Met Council requirements for inspection and maintenance of septic systems. In essence, the new rules require that all septic systems in Fridley must be inspected before November 1, 2000. After that, they must be inspected biennially. Staff recommended Council's approval of these changes. ADOPTED ORDINANCE NO. 1144. NEW BUSINESS: 2. RESOLUTION NO. 66-2000 SCHEDULING AN ELECTION ON AMENDING THE FRIDLEY CITY CHARTER, CHAPTER 7, TAXATION AND FINANCES: Mr. Burns, City Manager, stated that since the City received a valid petition asking for the amendment of Chapter 7 of the Fridley Charter, staff recommended that Council schedule the vote on the proposed Charter change in conjunction with the General Election on November 7, 2000. Staff recommended the ballot language. Councilmember Billings stated that he would like this item removed for discussion. REMOVED FROM CONSENT AGENDA AND PLACED AFTER OPEN FORUM FOR DISCUSSION. 3. RESOLUTION NO. 67-2000 APPROVING A PLAT, P.S. #98-05 (NORTH CENTRAL BUSINESS PARK ADDITION), BY CSM CORPORATION TO REPLAT PROPERTY FOR THE PURPOSE OF CREATING LOTS TO ALLOW INDUSTRIAL DEVELOPMENT, GENERALLY LOCATED AT 490 NORTHCO DRIVE (WARD 1): Mr. Burns, City Manager, stated that the City has been asked to approve the final plat for CSM Properties. This is a plat that was approved as a preliminary plat in January of last FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2000 PAGE 3 year. The plat will accommodate the construction of additional warehouse/office space at the Northco Business Park on Northco Drive. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 67-2000. 4. RESOLUTION NO. 68-2000 CONSENTING TO THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY, MINNESOTA, ADOPTING A 2000 TAX LEVY COLLECTIBLE IN 2001: Mr. Burns, City Manager, stated that by this action Council would be confirming the levy amount approved by the Fridley HRA for taxes payable in 2001. The levy amount is .0144 percent of all taxable market value of all real property located in Fridley. The HRA uses the proceeds to support its single-family rehabilitation loan program. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 68-2000. 5. RESOLUTION NO. 69-2000 CALLING FOR A PUBLIC HEARING ON MONDAY, OCTOBER 23, 2000, REGARDING THE CREATION OF TAX INCREMENT DISTRICT NO. 17 FOR THE GATEWAY EAST REDEVELOPMENT PROJECT (WARD 1): Mr. Burns, City Manager, stated that staff requested that Council establish Monday, October 23, as the public hearing date for establishing Tax Increment District #17, anticipation of the Gateway East redevelopment project at the intersection of 57th Avenue and University Avenue. If this item is approved this evening, the legislation creating the new district would be heard on November 2, 2000. Staff recommend Council's approval. ADOPTED RESOLUTION NO. 69-2000. 6. APPROVE CHANGE ORDER NO. 1 TO THE RICE CREEK BANK STABILIZATION PROJECT NO. 333: Mr. Burns, City Manager, stated that the change order is for $8,702.70. The addition was needed for additional "bank armoring" that property owners requested to be performed by the City's contractor, W.B. Miller. Staffrecommended Council's approval. APPROVED CHANGE ORDER NO. 1 TO THE RICE CREEK BANK STABILIZATION PROJECT NO. 333. 7. RECEIVE BIDS AND AWARD CONTRACT FOR A CLASS A PUMPER FIRE TRUCK: Mr. Burns, City Manager, stated that after more than a year of specifiction writing, the fire engine that was budgeted for the last year has been bid. Four bids were opened on August 17. Staff recommended the low bidder, General Safety of Wyoming, Minnesota at a cost of $293,994. The new engine will replace three e�sting engines. Staff recommended Council's approval. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2000 PAGE 4 RECEIVED BIDS AND AWARDED CONTRACT FOR A CLASS A PUMPER FIRE TRUCK. 8. RESOLUTION NO. 70-2000 DIRECTING THE PREPARATION OF THE ASSESSMENT ROLL FOR THE 2000 NUISANCE ABATEMENT: Mr. Burns, City Manager, stated that these costs amount to $5,839.24 and will be spread among eight benefiting property owners for debris removal. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 70-2000. 9. RESOLUTION NO. 71-2000 DIRECTING PUBLICATION OF HEARING ON THE PROPOSED ASSESSMENT ROLL FOR THE 2000 NUISANCE ABATEMENT: Mr. Burns, City Manager, stated that in each of the ne�t seven pairs of assessment items, the first resolution authorizes preparation of the assessment roll. The second item directs the public hearing notification. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 71-2000. 10. RESOLUTION NO. 72-2000 DIRECTING THE PREPARATION OF THE ASSESSMENT ROLL FOR THE 2000 TREE ABATEMENT: Mr. Burns, City Manager, stated that the amount being assessed is $2,288.13. It will be assessed to the benefiting property owner. The cost is for tree removal. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 72-2000. 11. RESOLUTION NO. 73-2000 DIRECTING PUBLICATION OF HEARING ON THE PROPSED ASSESSMENT ROLL FOR 2000 TREE ABATEMENT: Mr. Burns, City Manager, stated that this was consideration of a resolution directing the publication of a hearing on the proposed assessment roll for the year 2000 tree abatement costs. Staffrecommended Council's approval. ADOPTED RESOLUTION NO. 73-2000. 12. RESOLUTION NO. 74-2000 DIRECTING THE PREPARATION OF THE ASSESSMENT ROLL FOR 2000 WEED ABATEMENT: Mr. Burns, City Manager, stated that the cost is $404.70. There are three property owners being assessed. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 74-2000. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2000 PAGE 5 13. RESOLUTION NO. 75-2000 DIRECTING PUBLICATION OF HEARING ON THE PROPOSED ASSESSMENT ROLL FOR 2000 WEED ABATEMENT: Mr. Burns, City Manager, stated that this was consideration of a resolution directing publication of a hearing notice on the proposed assessment roll for the 2000 weed abatement costs. Staffrecommend Council's approval. ADOPTED RESOLUTION NO. 75-2000. 14. RESOLUTION NO. 76-2000 DECLARING COST TO BE ASSESSED AND PREPARATION OF PROPOSED ASSESSMENT FOR CENTRAL AVENUE IMPROVEMENT PROJECT NO. ST. 1998 - 4: Mr. Burns, City Manager, stated that the cost being assessed is $129,856.91. This cost is spread among nineteen benefiting property owners for concrete curb and gutter. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 76-2000. 15. RESOLUTION NO. 77-2000 DIRECTING PUBLICATION OF THE HEARING ON THE PROPOSED ASSESSMENT FOR CENTRAL AVENUE IMPROVEMENT PROJECT NO. ST. 1998 - 4: Mr. Burns, City Manager, stated that this was consideration of a resolution directing publication of the hearing notice on the proposed assessment for the Central Avenue Improvement Project. Staffrecommended Council's approval. ADOPTED RESOLUTION NO. 77-2000. 16. RESOLUTION NO. 78-2000 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESMENT FOR EAST RIVER ROAD IMPROVEMENT PROJECT NO. ST. 1995 - 4: Mr. Burns, City Manager, stated that the cost being assessed against benefiting property owners is $3,130. This is spread among three property owners for concrete curb and gutter. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 78-2000. 17. RESOLUTION NO. 79-2000 DIRECTING PUBLICATION OF THE HEARING ON THE PROPOSED ASSESSMENT FOR EAST RIVER ROAD IMPROVEMENT PROJECT NO. ST. 1995 - 4: Mr. Burns, City Manager, stated that this was consideration of a resolution directing publication of the hearing notice on the proposed assessment for the East River Road Improvement Project. Staffrecommended Council's approval. ADOPTED RESOLUTION NO. 79-2000. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2000 PAGE 6 18. RESOLUTION NO. 80-2000 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR RICE CREEK PHASE 2 BANK STABILIZATION PROJECT: Mr. Burns, City Manager, stated that the amount being assessed against benefiting property owners is $17,800. The cost will be spread among fifteen property owners for the Rice Creek bank stabilization project phases. Staffrecommended Council's approval. ADOPTED RESOLUTION NO. 80-2000. 19. RESOLUTION NO. 81-2000 DIRECTING PUBLICATION OF THE HEARING ON THE PROPOSED ASSESSMENT FOR RICE CREEK PHASE 2 BANK STABILIZATION PROJECT: Mr. Burns, City Manager, stated that this was consideration of a resolution directing publication of the hearing notice on the proposed assessment for the Rice Creek Bank Stabilization Project, Phase 2. Staffrecommended Council's approval. ADOPTED RESOLUTION NO. 81-2000. 20. RESOLUTION NO. 82-2000 DECLARING THE COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. ST. 2000 - 1: Mr. Burns, City Manager, stated that the amount being assessed is $113,836.88. It will be spread among forty benefiting property owners for concrete curb and gutter. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 82-2000. 21. RESOLUTION NO. 83-2000 DIRECTING PUBLICATION OF THE HEARING ON THE PROPOSED ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. ST. 2000 - 1: Mr. Burns, City Manager, stated that this was consideration of a resolution directing publication of the hearing notice on the proposed assessment for the year 2000 street improvement project. Staffrecommended Council's approval. ADOPTED RESOLUTION NO. 83-2000. 22. RESOLUTION NO. 84-2000 AUTHORIZING PAYMENT OF CERTAIN CLAIMS WITHOUT PRIOR COUNCIL APPROVAL: Mr. Burns, City Manager, stated that staff recommended that the amount of petty cash reimbursement that may be made without prior Council authorization be raised from $15 to $25. Staffrecommended Council's approval. ADOPTED RESOLUTION NO. 84-2000. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2000 PAGE 7 23. CLAIMS: APPROVED CLAIM NOS. 95150 THROUGH 95343. 24. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. 25. ESTIMATES: APPROVED ESTIMATES AS FOLLOWS: Frederic W. Knaak, Esp. Holstad and Knaak, P.L.C. 3535 Vadnais Center Drive St. Pual, MN 55110 Services Rendered as City Attorney for the Month of August, 2000 W.B. Miller, Inc. 6701 Norris Lake Road N.W. Elk River, NIN 55330 Rice Creek Bank Stabilization, Phase II Project No. 333 Estimate No. 1 W.B. Miller, Inc. 6701 Norris Lake Road N.W. Elk River, NIN 55330 2000 Street Improvement Project No. ST. 2000 - 1 Estimate No. 5 Park Construction Company 7900 Beech Street N.E. Fridley, MN 55432 TH47 West Ditch Improvement Project No. ST. 2000 - 6 Estimate No. 2 No persons in the audience spoke regarding the consent agenda items. $ 5,000.00 $ 67,015.57 $ 90,577.51 $ 62,243.76 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2000 PAGE 8 APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Bolkcom to approve the proposed consent agenda with the exception of Item No. 2 which is to be removed for discussion. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda with the addition of Item No. 2 to be placed after Open Forum. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM,VISITORS: No persons in the audience spoke. NEW BUSINESS: 2. RESOLUTION NO. 66-2000 SCHEDULING AN ELECTION ON AMENDING THE FRIDLEY CITY CHARTER, CHAPTER 7, TAXATION AND FINANCES: Councilmember Billings stated that the language presented by the petition can be amended by the City Council or Charter Commission. Mr. Knaak, City Attorney, stated that was correct. Councilmember Billings stated that on last week's agenda, Council approved a public hearing for the negotiation of a franchise fee with a company called WideOpenWest Minnesota. This organization wants to present an alternative cable franchise in competition with Time Warner/AOL. He asked if it was possible that the language that is presented this evening would preclude Council from entering into an agreement with WideOpenWest because there are franchise fees involved with cable operations and other fees involved with cable operations. He asked if Council would need to negotiate a contract with them and wait until the year of 2002 to see if the voters of the City of Fridley approved of that contract. He asked if Council did not approve the contract, if they would have to wait unti12004 to negotiate a contract. Mr. Knaak stated that an interpretation could be made that the proposed language could impact subsequent franchise negotiations and ordinances. He said he was in the process of researching the impact of the language on a variety of activities but had not reached a formal opinion. However, he said it is possible it could have an impact in those areas mentioned by Councilmember Billings. Councilmember Billings stated that there is a fifteen-year contract with Time Warner/AOL and that franchise is up for renewal. He asked if it was possible to negotiate a contract with them and FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2000 PAGE 9 submit that to the voters. If the voters voted that down, Council would have to wait two more years to submit an additional cable franchise. Council could possibly be without cable television in the City of Fridley for an e�tended period of time for the negotiations or until Council could get something approved by the voters. Mr. Knaak stated that the Time Warner/AOL franchise does not expire for another two or three years. It could be renegotiated prior to that. There is some question that could be raised by an interpretation of the language. He is doing research in this area and cannot advise yet. Mr. Quentin Freeburg, 301 Rice Creek Terrace, stated that there was an item of wording proposed for the ballots. Ms. Lana Freeburg, 301 Rice Creek Terrace, stated that as members of the committee that submitted this petition, she asked to have the wording included in that envelope. Mayor Jorgenson stated that she believed the information on the agenda should be worded identical to the petition. Mayor Jorgenson asked if there was a problem with the language submitted. Councilmember Billings stated that the language was drafted by Mr. Knaak. He asked if the language has essentially the same language that is in the petition. Mr. Knaak stated that it does. What is not there is a lot of the e�tra language of current e�sting law. It is intended to represent plainly the proposed change. Councilmember Bolkcom asked if normally you would not have a long paragraph of what is already in the Charter. Mr. Knaak stated that this is the correct form. It is not proper to put the entire petition on the ballot. Mr. Freeburg asked if the Charter language would be posted at the polling places. Mr. Knaak stated that it could be. The Council could direct that. Councilmember Bolkcom asked if it would be only the language in the petition. Mr. Knaak stated that was correct. Mayor Jorgenson asked where it would be posted. Mr. Knaak stated that it could be posted where public notices are usually posted. That is usually at the entrance of polling places. The purpose of the language in the ballot is to succinctly summarize what is there. Councilmember Bolkcom stated that this is the language on the sample ballots. Mr. Knaak stated that was correct. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2000 PAGE 10 Ms. Freeburg stated that it would be on absentee ballots. Having just gone through election judge training, she understands that the ballot would be posted on the entryway. MOTION by Councilmember Billings to adopt the resolution scheduling an election on amending the Fridley City Charter, Chapter 7, Taxation and Finances. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAJOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Billings to overwrite and strike out language presented with the petition so voters can see what the language will be in the final draft of the Charter and to post not less than two copies at each polling place. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAJOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Billings stated that he is not going to ask the City Manager and City Clerk to provide copies to Anoka County or anyone else that would be sending out absentee ballots. That would create more questions than help for voters. NEW BUSINESS: 26. INFORMAL STATUS REPORTS: Mr. Burns stated that the City Newsletter contains information about City services and programs. He would encourage residents to take a look at it. Mayor Jorgenson stated that Councilmember Bolkcom will be the guest for the call-in session on Tuesday night. Councilmember Bolkcom stated that she and Ms. Dacy will be available for questions. Mr. Burns stated that there is a list of polling places in the City newspaper. Councilmember Billings stated that for those people living in Ward 1, Precinct 4, the polling place has changed from the Senior High School to the Fridley Community Center. He asked if a sign was posted at the Senior High School indicating that it is not the polling place. Mr. Burns stated he would make sure there would be. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2000 PAGE 11 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE SEPTEMBER 11, 2000, CITY COUNCIL MEETING ADJOURNED AT 9:03 P.M. Respectfully submitted, Signe L. Johnson Nancy J. Jorgenson Recording Secretary Mayor