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12/18/2000 - 00008564THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 18, 2000 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. 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 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. PRESENTATION: Donation from Wal-Mart for Project Impact Mr. Brian Olson, Wal-Mart Representative, presented a$5,000 check on behalf of the Fridley Police Department for Project Impact. He said the Fridley Wal-Mart associates were excited to make this donation for this worthwhile cause. Since the money will be used in programs in the local community, Wal-Mart employees were glad to give their support. Ms. Lynne Tellers, Sergeant/Project Impact Representative, stated that the grant that was applied for and awarded to the City was the highest grant from Wal-Mart coming from the local store. The grant will be used for storm and severe weather shelter buckets including radios, flashlights, lanterns, and other items to be used in emergencies or disasters. A portion of the money will be used for tree coupons to be used to buy high wind resistant trees and hopefully cut down on some of the losses on public property. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 18, 2000 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. OLD BUSINESS: 1. RESOLUTION NO. 111-2000 CERTIFYING THE FINAL TAX LEVY REQUIREMENTS FOR 2001 TO THE COUNTY OF ANOKA: Mr. Burns, City Manager, stated that the final tax levy for 2001 is $4,205,000. This compares with $4,035,671 for 2000. The new levy is $169,329 or 4.2 percent greater than the current levy. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 111-2000. 2. RESOLUTION NO. 112-2000 ADOPTING THE FINAL BUDGET FOR THE FISCAL YEAR 2001: Mr. Burns, City Manager, stated that the final budget for 2001 is $14,401,459. The amount is $1,151,241, or 8.7 percent more than the City budgeted for this year. Much of the increase is attributed to $545,200 in new capital improvement expenditures and to the double spending of $271,126 from the Police Activity Fund. If staff factors out these amounts, the increase is $334,918 or 2.5 percent more than is budgeted for 2000. Staff recommended Council's approval. Mayor Jorgenson stated that she would like this item to be removed and placed after Item No. 14 of the agenda for discussion. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED AFTER ITEM NO. 14. 3. RESOLUTION NO. 113-2000 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND FOR SEPTEMBER THROUGH NOVEMBER, 2000: Mr. Burns, City Manager, stated that the General Fund changes amount to $3,870. The changes are from the Police, Fire, and Recreation Departments. Revenues from donations, fees and reimbursements cover the additional expenditures. The second adjustment is to the Capital Improvements Fund in the amount of $1,175,355. These expenditures are City contributions toward County and State projects in 1996 and 1998 and expenditures over the original budgeted amount for the 2000 street reconstruction projects. They also include unbudgeted expenditures for the University Avenue ditch FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 18, 2000 PAGE 3 enclosure project and the Stinson Boulevard reconstruction that were completed this year. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 113-2000. 4. RESOLUTION NO. 114-2000 ABATING THE ASSESSMENT AND ADOPTING A NEW ASSESSMENT FOR 262-57TH AVENUE NORTHEAST IN RELATION TO THE 57TH AVENUE STREET IMPROVEMENT PROJECT NO. ST. 1997-4: Mr. Burns, City Manager, stated that this resolution replaces the original assessment for the Rust property on 57th Avenue with a new assessment which was reached as result of court settlement. The original assessment was for $11,866.80. The settlement amount is $4, 800. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 114-2000. 5. RESOLUTION NO. 115-2000 APPROVING AND AUTHORIZING SIGNING AN AGREEMENT FOR POLICE OFFICERS OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR THE YEAR 2001: Mr. Burns, City Manager, stated that the agreement is a one-year contract with Law Enforcement Labor Services, Inc., the bargaining unit for the Fridley police officers. It provides for a four percent cost of living adjustment and a small increase in "specialty pay." While the cost of living adjustment is greater than what the City is paying other non-union employees, it is consistent with increases in the cost of living and with amounts being paid to police officers in comparably sized cities. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 115-2000. 6. RESOLUTION NO. 116-2000 EXTENDING THE TERM OF THE SOUTHERN ANOKA COUNTY COMMUNITY CONSORTIUM JOINT POWERS AGREEMENT: Mr. Burns, City Manager, stated that the City has been a party to the Southern Anoka County Community Consortium since 1993. The consortium consists of the Cities of Columbia Heights, Fridley, and Hilltop, as well as School District Nos. 13, 14, and also Anoka County. This consortium is a joint problem-solving group and the parent organization of the Values First Program. This resolution e�tends the joint powers agreement for an additional two years. Implicit in this approval is the approval of Fridley's annual contribution for the operation of the consortium. This amounts to $5,297 for 2001 and $5,450 for 2002. This compares with a$5,108 contribution this year. This money has not been budgeted for. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 116-2000. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 18, 2000 PAGE 4 7. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 6, 2000: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 6, 2000. 8. RECEIVE BIDS AND AWARD CONTRACT FOR THE DESIGN AND INSTALLATION OF FILTER PLAN ACCESS PLATFORMS, PROJECT NO. 336: Mr. Burns, City Manager, stated that this was consideration of a motion to receive bids and award a contract for the design and installation of filter plant access platforms. Staff identified the installation of "catwalk" type access platforms in the 2000 capital improvement plan. The platforms are to be installed in the three filter plants to fulfill OSHA safety requirements. After soliciting bids, staff recommended that the design and installation of the catwalks be awarded to Greystone Construction Company of Shakopee, Minnesota at a cost of $93,600. RECEIVED BIDS AND AWARDED CONTRACT FOR THE DESIGN AND INSTALLATION OF FILTER PLAN ACCESS PLATFORMS, PROJECT NO. 336. 9. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 97038 THROUGH 97178. 10. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. 11. ESTIMATES: APPROVED ESTIMATES AS FOLLOWS: Carl J. Newquist, Esq. Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432-4381 Services Rendered as City Prosecuting Attorney for the Month of September, 2000 $17,996.00 FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 18, 2000 PAGE 5 ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda with the addition of Item No. 2 to be placed after Item No. 14 on the agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM,VISITORS: No visitors in the audience spoke. PUBLIC HEARING: 12. CONSIDERATION OF ZONING TEXT AMENDMENT, ZTA #00-03, BY THE CITY OF FRIDLEY, TO ALLOW FOR A REDUCTION IN THE FRONT YARD SETBACK REQUIREMENTS FROM 35 FEET TO 25 FEET IN THE R-1 ONE FAMILY DWELLING DISTRICT: MOTION by Councilmember Bolkcom to waive the first reading and open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:48 P.M. Ms. Bulthuois, Planner/Code Enforcement Officer, stated that staff was looking at reducing the front yard setback in the R-1 district from 35 feet to 25 feet with two additional minor modifications to Section 205. The front yard setback has been 35 feet since the first ordinance was adopted in 1955. There has been an increased amount of building setback variance requests. In preparation for this amendment, staff researched previously granted variances, surveyed other cities, and analyzed how the changes would impact lots in Fridley. Of the thirteen cities surveyed, two have a 5-foot front yard setback Those cities are Hopkins and Columbia Heights. Eight have a 30-foot front yard setback and the remaining three have a 35-foot front yard setback. Ms. Bulthuis stated that the City is trying to provide more fle�bility for the homeowner, provide additional living area, and rearrangement of the 1950's floor plan to a more current floor plan. The public has indicated a desire for a front porch to make the front yard more usable. You can also use it as a gathering space. It can also encourage residents to reinvest in their property and stay in Fridley. Ms. Bulthuis stated that the proposed change would allow residents to expand their garages from 35 feet to 25 feet but not more than five feet in front of their home. The Fridley HRA "Patternbook for New Homes" states that an overbearing garage can detract from the existing Fridley landscape. Five feet will still allow enough room for additional vehicles, toys, and tools, without permitting the garage to dominate the streetscape. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 18, 2000 PAGE 6 Councilmember Wolfe asked if the house addition in the form of a porch is acceptable. Ms. Bulthuis stated that the porch is acceptable for an addition. Ms. Bulthuis stated that two written comments were received in opposition to the amendment. The comments stated that it would affect sightlines and the character of the street. Staff researched and found neither that the sightlines nor the character of the street would not be adversely affected. One call was in favor of the amendment and requested that staff look into increasing lot coverage allowances. Staff looked into that and found that lot coverage would not be an issue for the majority of the homes in Fridley. At the December 6, 2000, Planning Commission meeting, the Commission unanimously recommended approval of the zoning te�t amendment as presented by staff. Staff concurred with the Planning Commission recommendation to reduce the front yard setback from 35 feet to 25 feet. Staff recommended that Council hold the public hearing and receive comment. Ms. Bulthuis stated that the proposed ordinance language for Section 205.04.4G would read as follows: "In the case where one of the adjacent properties is vacant, the assumed setback will be the minimum front yard setback requirement of the zoning district that applies to the property." Ms. Bulthuis stated that by amending this section, the ordinance would refer to the setback requirement of the zoning district where the potential building site resides, instead of 35 feet as seen in the current ordinance language. Section 205.04.06.A3. would change Section 205.04.06.A3(3) to read as follows: "Canopies and steps to building entrances may e�tend not more than ten (10) feet into any required front yard. Decks, unenclosed porches, canopies, and steps to building entrances may e�tend not more than ten (10) feet into the required rear yard setback and not more than three (3) feet into any required side yard, provided they do not e�tend nearer than five (5) feet to any lot line." Ms. Bulthuis stated that it purposely only allows canopies and steps to the building entrance to e�tend not more than ten feet into the front yard. Councilmember Barnette stated that in Section 205.07 there is another change. The phrase "35 feet to 25 feet" is stricken and added in is "in no case may a garage e�tend more than five feet from the house." Ms. Bulthuis stated that was correct. Councilmember Wolfe stated that he thought it was a great idea to be able to add a porch on to the front of a house to encourage easier ways to get to know neighbors. Mayor Jorgenson asked if a canopy area across the driveway would be possible if someone wanted to add five to ten feet on the front of the house to add a porch. Ms. Bulthuis stated that staff would have to look into that and make sure it met the building code. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 18, 2000 PAGE 7 Mr. Burns asked if it would still be subject to the five-foot garage e�tension. Ms. Bulthuis stated that it would. Councilmember Bolkcom asked if this was in the last newsletter. Mr. Burns stated that it was. Councilmember Bolkcom stated that she felt this was a good idea. Mr. Burns stated that a video was made also after they did the survey. Councilmember Bolkcom stated that a lot of people watched that. Mayor Jorgenson stated that she thought this would be an improvement for the City. Most of the variances do deal with these types of issues and this should offer more fle�bility to the community. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:05 P.M. NEW BUSINESS: 13. FIRST READING OF AN ORDINANCE AMENDING SECTIONS 205.04 AND 205.07 OF THE FRIDLEY CITY CODE PERTAINING TO FRONT YARD SETBACKS (ZONING TEXT AMENDMENT, ZTA #00-03, BY THE CITY OF FRIDLEY): MOTION by Councilmember Wolfe to approve the first reading. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. APPOINTMENT TO THE FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY: Mayor Jorgenson stated that Jim McFarland is going to be leaving the HRA. Jay Bajwa is interested in being appointed to the HRA. He has a very strong banking and financial background and is a Fridley resident. Mayor 7orgenson stated that she would like to recommend his appointment to the HRA. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 18, 2000 PAGE 8 MOTION by Mayor Jorgenson to recommend appointment of Jay Bajwa to the HRA. Seconded by Councilmember Bolkcom. Councilmember Wolfe asked if he was the only person interviewed. Mr. Burns, City Manager, stated that he was the only person that expressed interest in this position. Mayor Jorgenson stated that she has been talking to people in the community since early November about the appointments to the HRA. The appointments to the HRA have been primarily by recommendation from the Mayor to the Council. The City has a tradition of a drawn out application to make sure that the individual has the necessary qualifications. Two others who were somewhat interested have since declined appointment. Councilmember Billings stated that Mr. Bajwa listed one of the things in his background as a member of the St. Paul Development Authority. He was wondering exactly what this organization was. Mayor Jorgenson stated that they had discussion of some of the ways Mr. Bajwa was helpful in the City of St. Paul. Councilmember Billings stated that he would like to meet the people interviewing for the Commissions because they report directly to the Council. He said he found it strange to appoint someone to the HRA without any of the councilmembers having an opportunity to meet him. Mayor Jorgenson stated that this position has been open for about six weeks. She has not heard from anyone regarding any other possible candidates. Councilmember Billings stated that Mayor 7orgenson did not advise him to search for anyone. Traditionally, this is an appointment that the Mayor brings forward to Council. He does not think he has ever been involved in an appointment to the HRA where the person has been a complete stranger to 80 percent of the Council. Councilmember Bolkcom asked if there was an urgency for this. She wanted to make sure that the HRA has a quorum for their 7anuary 4 meeting. With none of Council knowing the person being appointed, she asked what loss or gain there would be in not appointing anyone that evening. Mayor Jorgenson stated that the recommendation came from former mayor, Bill Nee, to appoint Jay Bajwa to the HRA. Mayor Jorgenson stated that she, Mr. Burns, and Ms. Dacy trusted in his judgement. Councilmember Bolkcom stated that some councilmembers have had an opportunity to meet commission members before appointment. She thought that all of the councilmembers were going to be part of decisions and would be able to have an opportunity to speak with commission members before they are appointed. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 18, 2000 PAGE 9 Councilmember Barnette stated that he would like to meet Mr. Bajwa, too. Councilmember Barnette thought Mr. McFarland could possibly stay for the 7anuary meeting. If he could, it would give Council a chance on January 8 to meet Mr. Bajwa. Councilmember Bolkcom stated that the HRA needs someone with a financial background. MOTION by Councilmember Barnette to table this item to January 8, 2000. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. RESOLUTION NO. 112-2000 ADOPTING THE FINAL BUDGET FOR THE FISCAL YEAR 2001: Mayor Jorgenson stated that because of the Northstar Corridor Environmental Impact Study, there is doubt that the third rail proposed by the Burlington Northern Santa Fe Railroad will occur. This would be placed on the train route to accommodate one more commuter rail train and an additional freight train. She would hate to see the City spend $150,000 on a bridge, then have a commuter rail project come along adding a third rail and then have to remove the bikeway/ walkway out. Councilmember Bolkcom stated that they may not necessarily proceed with this, even though it is in the budget. Mayor Jorgenson stated that as long as this item has been budgeted for, this would automatically go forward unless someone objects. Since she will not be Mayor, she will not be able to address this issue at that time. She does not want the public perception that the City spent $150,000 for a bridge to be removed two years down the line if a third rail is added. She is not positive that the third rail will not be an option. Councilmember Wolfe stated that he agreed with Mayor 7orgenson. He asked how many times the City has reconstructed the intersection on Highway 65 with a lot of money being spent. He asked why the City should build something if it is going to be torn down. Councilmember Bolkcom asked if there would be legal responsibility for replacement if the bikeway/walkway were to be removed. Mr. Haukaas, Public Works Director stated that this is a proposed project. The bike trail e�tension in the budget is really only half the project. This project can only be done jointly with Anoka County. There are a lot of unknowns. Staff is uncertain of the third rail, but it is early enough at this stage where the City can make sure there is enough space for the walkway and a third rail at the same time. If things do not move forward with Anoka County's funding, this project is not going to happen. If the third rail does not go in, it is not an issue. It is early enough in the planning of this project that all of these factors can be looked at and dealt with accordingly to not cause a future impact of having something built and then removed. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 18, 2000 PAGE 10 Mayor Jorgenson stated that former Public Works Director, John Flora, stated that he thought a third rail would not impact the bikeway/walkway if it went to the east. If it went to the west, it would more than likely impact the bikeway/walkway. There is so little room on either side of the tracks to accommodate a third rail through Fridley because of the industrial development along the sides of the tracks in addition to the Community Park ball fields. If the third rail goes, the City would be looking at probably a 2003, 2004 time frame. Mayor Jorgenson said that she does not know that the issue of the third rail will be resolved before the end of the budget year 2001 when this project would be built. She said she wanted to make sure that if the bikeway/walkway was built, that the City has some resolution on the third rail so they do not have to waste $150,000. Councilmember Barnette asked Mr. Knaak if there was any obligation on the part of the railroad to try to save the City the money if this went forward. Mr. Knaak stated that there was not any obligation usually. Councilmember Wolfe stated that it would not make the neighbors happy to get a third rail. He did not like wasting money. Councilmember Bolkcom stated that she thought this was so far removed and would be very involved. Mayor Jorgenson asked how far down the line the commuter rail was from happening. Councilmember Billings stated that there is some speculation that the railroad is throwing everything on the table figuring if the federal government is willing to pay the freights, they will ask for it. It is highly unlikely that the third rail will go through the City of Fridley. Mayor 7orgenson asked if it was a dealbuster for the NCDA and how they would change that. Councilmember Billings stated that in a priority listing, it is so far from being a dealbuster that it is hardly worth talking about. NCDA is are more concerned with the improving the tracks. Mayor 7orgenson asked where the third rail would go through. Councilmember Billings stated that the third rail is not something that the NCDA has looked at. The railroad has indicated that it is their wish to have it added. He does not have any details on it at all. Mayor Jorgenson stated that it is listed in the Environmental Impact Study. Councilmember Billings stated that because BNSF asked for this, the EIS is designed to deal with the impacts of everything that is being asked for so it does not slow down the process. He said that the proposed bikeway/walkway will have implications to Locke Lake as well as the g5tn FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 18, 2000 PAGE 11 Avenue bikeway/walkway. This should be entered into those comments before the budget statement is sent off. MOTION by Councilmember Barnette to approve the resolution adopting the final budget for the fiscal year 2001. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, COUNCILMEMBERS BILLINGS, BOLKCOM, WOLFE, BARNETTE VOTING AYE, MAYOR JORGENSON VOTING NAY, MAYOR JORGENSON DECLARED THE MOTION CARRIED 4-1. Mayor Jorgenson stated that she hopes that as the City goes forward with this project, the third rail would be taken into consideration. 15. INFORMAL STATUS REPORTS: Councilmember Bolkcom stated that she would like to thank the people who attended the commuter rail public hearing last Thursday. If there are any additional comments, Mr. Hickok, Planning Coordinator, would be the one to contact at the Municipal Center. Mayor Jorgenson asked if the video of the meeting would be replayed. Mr. Hickok stated that it would be replayed. Mayor Jorgenson stated that people interested in more information may call the Municipal Center or watch the video on Channel 17. Mr. Hickok stated that his direct dial telephone number is 763-572-3599. He said he would be glad to answer questions. Councilmember Bolkcom asked if a copy of the comments would be available soon. Councilmember Billings stated that he thought all the comments would be responded to in the final EIS. He did not know of any plans to publish a list of all of those. If anyone is interested in that information, they can request it. If it is available in any document, a copy could be shared. Written comments will be accepted until January 12 to become part of the official record to be forwarded to the federal government. Councilmember Bolkcom stated that she wished Mayor Jorgenson the best of luck. Councilmember Bolkcom thanked Mayor Jorgenson for all her many years of service and hours over the last fourteen years. She said that Mayor Jorgenson's ne�t endeavor may be the Charter Commission. Mayor Jorgenson stated that she is looking for an appointment by the District Judge to the Charter Commission. There are two additional openings for the Charter Commission. The Charter Commission generally has one meeting per month. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 18, 2000 PAGE 12 ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE DECEMBER 18, 2000, CITY COUNCIL MEETING ADJOURNED AT 8:45 P.M. Respectfully submitted, Signe L. Johnson Nancy J. Jorgenson Recording Secretary Mayor