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06/04/2001 - 00009458THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 4, 2001 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Bolkcom, Councilmember Billings, Councilmember Wolfe. MEMBERS ABSENT: None. `49ER DAYS PRESENTATION Mr. McKusick, Fire Chief and President of the Fridley `49er Days Committee, stated that the Fridley `49er Days royalty were present to inform the public of the various activities during the celebration taking place June 12 through 16. Ms. Christy Peterson, Fridley Princess, stated that the Kids ID Program was brand new this year. It would be taking place Friday, June 15 from 4:00 p.m. to 8:00 p.m. and Saturday, 1:00 p.m. to 5:00 p.m. at Columbia Arena. Key information regarding the children would be put on a computer disc to be used in the event of an emergency. `49er Days buttons are for sale for $3.00 at Fridley City Hall, the Fridley Community Center and Wells Fargo. Each button also includes a pamphlet with a schedule of events. Ms. Jennifer French, Fridley Princess, stated that on Saturday, the Fridley Scholarship Pageant members will hold a car wash on Highway 65 for donations to raise money for the scholarship. The pageant fashion show will be held on Friday night at Northtown Mall at 7:00 p.m. A street dance will be held on both Friday and Saturday nights. Miss Fridley, Rachel Roith, stated that this year the pageant will be held on Father's Day, June 17 at 6:30 p.m., at the Fridley High School Auditorium, with free admission with the purchase of a button. There are 13 total candidates this year. The scholarship of $6,000 is renewable and they are eligible for the ne�t four years to receive $1,500 per year. Mayor Lund thanked them for coming and stated that they would be on the KARE-11 news broadcast on June 12. Mr. McKusick and the royalty will also be there. FRIDLEY CITY COUNCIL MEETING OF JUNE 4, 2001 PAGE 2 PROCLAMATION: Stand for Children Dav - June 16, 2001 Carter and Faye Hendricks were present to receive the proclamation. Mayor Lund stated that this is to renew the community's commitment to improving the quality of our children's lives. This recognizes our children's unmet needs and our efforts in rededicating ourselves to addressing them. Mr. Hendricks stated that this originated as a day to advocate for the young people in our community. This year over 2,000 communities are expected to participate. He appreciates the City's support for Stand for Children Day. 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 LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES: City Council Meeting of May 21, 2001 Mayor Lund stated that Mrs. Leibfried's and Bob Schroer's names were misspelled and should be corrected. APPROVED. NEW BUSINESS: 1. RECEIVE THE PLANNING COMMISSION MEETING MINUTES OF MAY 16, 2001: RECEIVED. 2. APPROVE SHORELINE HABITAT AGREEMENT BETWEEN THE ANOKA CONSERVATION DISTRICT AND THE CITY OF FRIDLEY: Mr. Burns, City Manager, stated that the City would receive $3,000 in grant money to replant a buffer area on the southern border of Moore Lake between the retaining wall and the water. The turf that is there would be cut out and replaced with natural vegetation. In order to qualify for the grant, the City needs to commit to maintaining the vegetation. This could mean watering during drought conditions, pulling out weeds and picking up litter. The purpose is to improve water quality and deter the geese. Both the Parks and Recreation Commission and the Environmental Quality and Energy Commission have passed resolutions in support of this agreement and are looking at e�tending this buffer process to other portions of Moore Lake. FRIDLEY CITY COUNCIL MEETING OF JUNE 4, 2001 PAGE 3 APPROVED SHORELINE HABITAT AGREEMENT. 3. APPROVE AMENDMENT TO AGREEMENT FOR CURBSIDE RECYCLING SERVICES BETWEEN BFI WASTE SYSTEMS OF NORTH AMERICA, INC. AND THE CITY OF FRIDLEY: Mr. Burns, City Manager, stated that staff is suggesting that Council approve a three-year e�tension of the current recycling contract that expires in March of ne�t year. The e�tension would cost an additiona14.8 percent annually for collection of recyclables and 6.5 percent for multi-family collection of recyclables. BFI has done an excellent job and the three-year period is very reasonable. Staff recommends approval of the agreement. APPROVED AMENDMENT TO THE AGREEMENT FOR CURBSIDE RECYCLING SERVICES. 4. RECEIVE AND REJECT BID FOR THE MUNICIPAL CENTER RECARPET PROJECT NO. 339 AND AUTHORIZE RE-ADVERTISEMENT FOR BIDS: Mr. Burns, City Manager, stated that on May 17 staff opened bids to recarpet the Municipal Center. Pink Business Interiors submitted the only bid, in the amount of $167,777. This is over the $140,000 that had been budgeted. Staff recommends rejection of the bid and authorization from Council to rebid this project. RECEIVED AND REJECTED BID FROM PINK BUSINESS INTERIORS IN THE AMOUNT OF $167,777. AUTHORIZED READVERTISEMENT FOR BIDS. 5. APPOINTMENT - CITY EMPLOYEE: Mr. Burns, City Manager, stated that Gary Lenzmeier retired earlier this year and staff recommended that Michael Williams be appointed to fill the position of Patrol Officer. Mr. Williams has an Associate of Arts degree from North Hennepin Community College and passed his law enforcement skills curriculum and obtained his Law Enforcement License from the State of Minnesota. He has been a Community Services Officer for the communities of Robbinsdale and Plymouth. Councilmember Billings pointed out a typographical error on Page 16 regarding the hourly wage. APPROVED APPOINTMENT OF MICHAEL WILLIAMS. 6. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 99639-99835. FRIDLEY CITY COUNCIL MEETING OF JUNE 4, 2001 PAGE 4 7. LICENSES: Mayor Lund stated that it has been requested that a temporary food license for St. Williams Church be added to the agenda, and that the license fee be waived because it is a non-profit agency. APPROVED ALL LICENSES AS SUBMITTED AND AS ON FILE. 8. ESTIMATES: Ron Kassa Construction 6005 - 250th Street East Elko, MN 55020 Miscellaneous Concrete Curb and Gutter And Sidewalk Project No. 338 Estimate No. 2 $3,985.08 Frederic W. Knaak, Esq. Holstad and Knaak, P.L.C. 1690 Minnesota World Trade Center 30 East Seventh Street St. Paul, MN 55101 Services Rendered as City Attorney for the Month of May, 2001 $5,000.00 ADOPTION OF AGENDA: MOTION by Councilmember Billings to adopt the agenda as presented. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: No members in the audience spoke. FRIDLEY CITY COUNCIL MEETING OF JUNE 4, 2001 PAGE 5 PUBLIC HEARINGS: 9. CONSIDERATION OF AN ORDINANCE AMENDING SECTION 6.06, CONTRACTS, HOW LET, AND CHAPTER 8, PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS, OF THE FRIDLEY CITY CHARTER: MOTION by Councilmember Bolkcom to waive the reading and open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:54 P.M. Mr. Pribyl, Finance Director, stated that this relates to changes in Chapter 6 and Chapter 8. The only substantive change that actually is applied would raise the amount required for the formal competitive bidding process from $10,000 to $50,000, so the Charter can be updated to match the new State statute. Minor wording changes serve to actually update the City Charter and they are not substantive in nature. Councilmember Billings stated that in Section 8.04, Local Improvement Regulations, substantial changes are being made. If we do not have a majority petition, under the current Charter language, it would require a full 5 affirmative votes by the City Council to go ahead with the assessment. The recommendation with the Charter Commission is to change that to 4/5 vote. He stated that he thought it was a very substantial change, and wondered how the Charter Commission felt about that change. Mr. Pribyl stated that he was not versed on what the particular background was on making that change. He could find out from the Charter Commission Chair. Councilmember Billings stated that he does not have a problem with bringing the Charter into conformity with the current State statute, but he is concerned because it could impact the residents of the City. Relative to increasing the dollar amounts to conform, does the City Council always set policy to require approval on items that are less than what the Charter calls for? Should the Council adopt a policy wherein the City Manager is required not to bring anything to the Council less than the $50,000 amount? Mr. Knaak, City Attorney, stated that is correct and establishing different policies with respect to bidding practices is possible too. The State statutes impose general restrictions but bids could be required on all contracts. Councilmember Billings stated that both State statutes and the changes in the City Charter are the outside limitations and Council could prepare policy that draws those limitations in more tightly. Mr. Knaak stated that is accurate. FRIDLEY CITY COUNCIL MEETING OF JUNE 4, 2001 PAGE 6 Councilmember Billings stated that this should be continued until his earlier question is answered so that it is part of the record. MOTION by Councilmember Billings to continue the public hearing until the ne�t City Council meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. CONSIDERATION OF ISSUING AN ON-SALE INTOXICATING LIQUOR LICENSE TO ROBERT CHAPUT OF CHAPS PRODUCTIONS, INC., DB/A MAIN EVENT RESTAURANT, GENERALLY LOCATED AT 7864 UNIVERSITY AVENUE N.E.: MOTION by Councilmember Bolkcom to waive the reading and open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 8:02 P.M. Mr. Pribyl, Finance Director, stated that Main Event has been acquired by Robert Chaput and sons. This requires the new owner to acquire his own liquor license. The business will continue to operate as the Main Event and the Public Safety Department found no reason to deny the license request based on their investigation. Councilmember Bolkcom asked if there was a statement made by the Public Safety Director. Mr. Pribyl stated that there was no statement. Councilmember Bolkcom asked Mr. Chaput if he owned any other businesses where he serves liquor now. Mr. Chaput stated that he did not. Councilmember Bolkcom asked him if he owned any restaurant-type businesses. Mr. Chaput stated that they do not. They provide sound and light production for the restaurant businesses though. This business will include all former staff. Councilmember Bolkcom asked if he was aware of the food/alcohol ratios that must be met. Mr. Chaput stated that he was. Councilmember Barnette asked if he intends to have the same pull-tab operation. FRIDLEY CITY COUNCIL MEETING OF JUNE 4, 2001 PAGE 7 Mr. Chaput stated that they would. They met with the pull-tab operator who seemed very supportive of the community. The "Karaoke Night" is still on Sunday with a few changes. They moved their sound and light business from Mound to Fridley before they purchased the Main Event. Councilmember Billings asked what Chaps Productions does. Mr. Chaput stated that they provide sound and light production and sound system installation for churches, bars and restaurants. It is run from the center behind the Main Event. Councilmember Billings stated that he would be an absentee owner from the standpoint that he is not going to be working the establishment but will not be hundreds of miles away if there is a problem. Mr. Chaput stated that was correct and they do intend to really learn the business. Councilmember Billings stated that there is a good team of employees there to teach him well. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 8:07 P.M. Councilmember Bolkcom stated that the actual license would not be approved until the ne�t meeting. 11. CONSIDERATION OF THE ASSESSMENT FOR 5100 INDUSTRIAL BOULEVARD, DEFERRED IMPROVEMENT PROJECT NO. 1989 - 1& 2: MOTION by Councilmember Bolkcom to waive the reading and open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 8:08 P.M. Mr. Pribyl, Finance Director, stated that this project pertains to the third portion of the 1989 street project that was assessed in 1990. The project was located at S lst Way and East River Road and involved concrete, curb and gutter, asphalt and signals. The only assessed portion of this was the concrete and curb. The total amount of the deferred portion was $37,020.73. This was to be assessed when the building permit was provided. The assessment is over a period of ten years and the assessment rate is 6.5 percent. This is located at 5100 Industrial Boulevard N.E. Councilmember Bolkcom asked why it took so long for a public hearing to be scheduled. FRIDLEY CITY COUNCIL MEETING OF JUNE 4, 2001 PAGE 8 Mr. Pribyl stated that when the building permit was pulled, it was not brought forward. Councilmember Bolkcom asked if the property owner was notified of the situation. Mr. Pribyl stated that they have been notified. MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 8:11 P.M. NEW BUSINESS 12. RESOLUTION ADOPTING ASSESSMENT FOR 5100 INDUSTRIAL BOULEVARD, DEFERRED IMPROVEMENT PROJECT NO. 1989 - 1& 2: MOTION by Councilmember Bolkcom to adopt the Resolution adopting assessment for 5100 Industrial Boulevard, Deferred Improvement Project No. 1989 - 1& 2. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. RECEIVE PETITION NO. TO CREATE A FOUR-WAY STOP AT THE INTERSECTION OF 48TH AVENUE AND 2 1/2 STREET N.E.: Councilmember Bolkcom stated that this petition was circulated by Brian Maertens requesting that stop signs be placed at 48th and 2 1/2 Street. The majority of neighborhood residents who signed this are concerned because there is a park on Main Street and many of the children walk to the park People do not stop on that street and there have been many near misses. The City has followed a policy in the past wherein if a majority of the neighborhood favors the same location for a stop sign, it may be considered. Some neighboring communities place stop signs when a majority of the neighborhood requests this and some communities hold public hearings/meetings for discussion. She said she would like to see this happen. The neighborhood feels that this would not slow people down, but it would make people stop while kids are crossing the street. Mr. Haukaas, Public Works Director, stated that the petition is from residents between 47th and 49th Avenues and 2 1/2 Street. The park is less than a block away. This does not meet design criteria for the installation of stop signs and they are not an effective speed control device. Mayor Lund stated he had a question regarding some owners close to the intersection who have not signed yet. He drove down there and saw kids playing on the street. There is a rise to the street and you cannot see beyond the intersection until you are at the intersection. FRIDLEY CITY COUNCIL MEETING OF JUNE 4, 2001 PAGE 9 Councilmember Bolkcom stated that they are not trying to control speed, they just need people to stop because of the kids crossing there. Mayor Lund stated that he is not against this because it is what the neighborhood wants. Councilmember Wolfe stated that he is all for this. It took seven years for his neighborhood to have a stop sign installed. MOTION by Councilmember Bolkcom to receive the petition and approve the placement of stop signs at the intersection of 48th Avenue and 2 1/2 Street. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Billings asked if red flags would be placed there to notify people that there is traffic change ahead. Mr. Haukaas stated that they would put red flags on top of the stop signs for about a year and through the summer, temporary barricades advising of the change would be placed there also. 14. INFORMAL STATUS REPORTS: Councilmember Bolkcom stated a meeting will be held on Thursday at 7:00 p.m. for the street improvement project. Mr. Haukaas, Public Works Director, stated that this is for the neighborhood north and east of Mississippi and East River Road. The meeting will held downstairs at the Municipal Center in Meeting Room 1. Mayor Lund asked if a notice for this went out. Mr. Haukaas stated that a letter had been sent to the residents. ADJOURN: MOTION by Councilmember Billings to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE JUNE 4, 2001, CITY COUNCIL MEETING ADJOURNED AT 8:25 P.M. Respectfully submitted, Signe L. Johnson Scott J. Lund Recording Secretary Mayor