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02/11/2002 - 00010419THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 11, 2002 The regular meeting of the Fridley City Council was called to order by Mayor Lund at 7:32 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 MEMBERS ABSENT: Councilmember Wolfe APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Billings stated that he would like the minutes of the January 28 meeting and Item No. 1 on the agenda removed for discussion. Councilmember Bolkcom stated that she would like Item No. 3 removed for discussion. MOTION by Councilmember Barnette to approve the proposed consent agenda as amended with the January 28 meeting minutes and Item Nos. 1 and 3 moved to the regular agenda for discussion. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES: City Council Meeting of January 28, 2002. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. OLD BUSINESS: 1. ORDINANCE NO. 1163 UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEROF (GENERALLY LOCATED NEAR 1200 CHERI LANE N.E.)(WARD 1): Mr. Burns, City Manager, stated that the owner of the property is the owner of the Skywood Apartments on Cheri Lane. He has expanded his parking area onto 4,752 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2002 PAGE 2 square feet of the City's right-of-way. The ordinance declares the property surplus and authorizes staff to sell the property for $1 per square foot. Staff recommended Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. NEW BUSINESS: 2. RECEIVE BIDS AND AWARD CONTRACT FOR REPAIR OF WELL NO. 12: Mr. Burns, City Manager, stated that three bids had been received for the repair of Well No. 12. Staff recommended that the contract be awarded to the low bidder, Bergerson- Caswell of Maple Plain, Minnesota, in the amount of $22,850. APPROVED. 3. RECEIVE PETITION NO. 2-2002 IN SUPPORT OF STREET IMPROVEMENT PROJECT NO. ST. 2002 - 1: Mr. Burns, City Manager, stated that the petition is from 45 of the 98 residents that will be affected by the 2002 street improvement project. The petition was circulated by Ms. Joy Glaser of the Edgewater neighborhood. Of the 44 signatures, 43 were in favor, 1 was opposed to the project, and 1 refused to sign. Staff asks the Council to join them in thanking Ms. Glaser. Staff recommended Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4. RESOLUTION NO. 14-2002 ORDERING FINAL PLANS AND SPECIFI- CATIONS AND ESTIMATES OF COSTS THEROF: EDGEWATER GARDENS NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST. 2002 - 1: Mr. Burns, City Manager, stated that improvement project would be bid in late March and construction would begin in late May or early June. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 14-2002. 5. RESOLUTION NO. 15-2002 REQUESTING MUNICIPAL STATE AID SYSTEM CONSTRUCTION FUNDS FOR OTHER LOCAL USE: Mr. Burns, City Manager, stated that the resolution requests authorization to use a portion of the City's MSAS funds based on population for the Edgewater Gardens neighborhood street construction project. Staff recommended Council's approval. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2002 PAGE 3 ADOPTED RESOLUTION NO. 15-2002. 6. RESOLUTION NO. 16-2002 EXTENDING SURVIVOR BENEFITS TO MEMEBERS OF THE CONSOLIDATED POLICE RELIEF ASSOCIATION: Mr. Burns, City Manager, stated that this resolution will allow survivor benefits to be e�tended to the spouses of inembers of the Police Relief Association. The benefit was authorized by 1994 State law but never e�tended to local police retirees who were in the Police Relief Association. This resolution corrects that oversight at no additional cost to the City. There are only two people involved and that cost was covered in Fridley's prior contributions to PERA. The action was requested by the daughter and second wife of one of the retired police officers. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 16-2002. 7. RESOLUTION NO. 17-2002 AUTHORIZING AN AMENDMENT OF THE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND INDEPENDENT SCHOOL DISTRICT 14 FOR THE JOINT USE OF THE FRIDLEY COMMUNITY CENTER: Mr. Burns, City Manager, stated that the resolution authorizes the City to sign a letter of understanding with School District No. 14. The letter provides for an additional City contribution of $26,000 for the operation of the Fridley Community Center for a two-year period beginning this year. The money will be dedicated to payment for higher energy costs, a custodian supervisor's salary, and a half-time custodian. The District agrees it will assign the part-time facility to Saturday and Sunday hours, expanding the number of hours of the community center for public use. The District agrees it will honor rental rates for the two-year time. The City agrees it will remove the restriction on the current agreement, as the amount paid by the City will be adjusted to reflect the fluctuations in the energy costs incurred at the Fridley Community Center at the cost of the rate of inflation for the prior twelve months. Staff recommended Council's approval. ADOPTED RESOUTION NO. 17-2002. 8. APPOINTMENT - CITY EMPLOYEE: Mr. Burns, City Manager, stated staff recommended the appointment of Lynn E. Krachmer to the Appraiser position vacated by Mary Smith. Ms. Smith is now the City Assessor. Mr. Krachmer has been employed by the City of Minneapolis for the last two and one-half years and has also been a self-employed residential appraiser. He has worked as a housing rehabilitation specialist at the Minneapolis Community Development Agency. He is a Certified Minnesota Assessor and has completed a two- year course in Architectural Drafting from Detroit Lakes AVTI. He is also pursuing a Business Administration degree from Minneapolis Business College. Staff recommended Council's approval. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2002 PAGE 4 APPOINTED LYNN E. KRACHMER TO THE POSITION OF CITY APPRAISER. 9. CLAIMS: APPROVED CLAIM NOS. 103665-103904. 10. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. 11. ESTIMATES: Floors by Beckers 805 First Street N.W. New Brighton, MN 55112 Recarpeting the Municipal Center Project No. 339 FINAL ESTIMATE $2,475.00 ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the Agenda as amended with the addition of the January 28 meeting minutes and Item Nos. 1 and 3. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Mr. Tom Myhra, 6360 Able Street, stated that he has complaints about the social engineering role the Council seems to have taken on. The military industrial government complex has taken his money to fight communism but now the academia foundation government complex wishes to tell him where to live, what kind of housing to have and what kind of house he will live ne�t to. He will have to give up the kinds of things that define liberty. Governor Jesse Ventura wants to keep the Hiawatha light rail on track The Northstar Corridor trolley is also being planned. He asked how many had ridden the Amtrak in the last half dozen years. He has made ten trips on it. He said it looks like the House of Representatives may put an end to the Northstar Corridor. He said Council has accepted the Metropolitan Council's vision to spread the misery of inner city Minneapolis to Fridley and other suburbs. Misery caused by 35 years of misrule by the liberal quack ruling the City. They have ruled the schools and less than half the 9th graders of Minneapolis graduate from High School. When that began to happen, people fled to the suburbs. Mr. Myrha indicated that the Metropolitan Council is laying the foundation for future ghettos in Fridley with the tacky housing development across from Super America. Chairman Mondale FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2002 PAGE 5 stated that having this kind of development is a place for young professionals to eat bagels and drink espresso for breakfast. They will have cheese and wine in the evening and they will love it. He does not love it and wants families that vote regularly and know what they are voting for. The community groups are important also. He said that Councilmember Barnette told him that if we do not take this money to do this, other cities will get it. He stated that he does not care what other people are doing. Since 1900, there have been about 25 tornadoes doing damage in the cities of Minnesota. Ten of those did damage in Fridley. What will people in the housing complex do in the case of a tornado? The trailer park has a shelter for tornadoes. Mayor Lund asked Mr. Myhra if he had suggestions. Mr. Myhra stated that the deal is done and it is hard to go back. He would have left money for a shelter. Mayor Lund thanked him for voicing his concerns. No other persons in the audience spoke. 12. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE PERTAINING TO EXTERIOR STORAGE REQUIREMENTS: Mr. Hickok stated that staff is requesting consideration of a te�t amendment that would change the City Code requirements on parking of non-motorized campers, trailers, boats, and utility trailers. Systematic code enforcement in 1998 revealed storage of utility trailers, campers, and boats in the front yard and driveways. Two variance requests in 1999 to store travel trailers in the front yard driveway were made and both were denied. On September 17, 2001, Council held a public hearing to discuss the existing ordinance to allow residents to voice their opinions. Approximately 60 people spoke. The majority owned camper trailers and were in favor of allowing them to be parked on the driveway seasonally. Mr. Hickok stated that the regulations ranged from simple to very complicated. Fridley allows outdoor storage on the side or rear yard for non-motorized boats, trailers, and campers. Motorized RV's are required to be parked on a paved surface. One option would be to leave ordinance as is. The second option is to repeal existing language and allow outdoor storage on all portions of the yard in the residential district. The third option would be to allow non- motorized storage on the driveway, as well as the side or rear yard. The Planning Commission recommended that the language of the draft ordinance of the provision that requires trailers not to e�tend more than 25 feet in front of the home be replaced with language that stated that no portion of the trailer should e�tend closer than 15 feet to the back of the curb. A motion to recommend was approved by a 5 to 1 vote. Changes to the code on e�terior storage would read as follows: (1) Nothing shall be stored in the required front yard with the exception of boats, non-motorized camping trailers, utility trailers, provided they are located on an improved hard surface, and no portion of said trailer e�ends closer than 15 feet to the back of the curb. In no case shall said trailer encroach on public right-of-way, (2) All materials shall be kept in a building or shall be fully screened, so as to not be visible from any public right-of-way except for FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2002 PAGE 6 stacked firewood in the side or rear yard. Boats, non-motorized camping trailers, and utility trailers stored in the side or rear yard are not required to be located on a hard surface drive. Mr. Hickok stated that staff recommended that the proposed ordinance resembling the third option be approved by City Council. The first reading is scheduled for this evening. Councilmember Barnette stated that motorized vehicle parking in the driveway is legal. What is the difference between the motorized RV and a non-motorized camper? Before we began systematic code enforcement, this ordinance was already in place. He asked how it was generally enforced prior to this time. Mr. Hickok stated by staff observation or complaint. Councilmember Barnette asked if it was more complaint. Mr. Hickok stated that there was an ample amount of both. Councilmember Barnette stated that it was about time to change this. Mayor Lund stated that many people have been cited for being in non-compliance yet they saw many other people in non-compliance as well. This makes it a little less restrictive and will help people who need it. More people wanted this than those who did not. MOTION by Councilmember Bolkcom to approve the first reading. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. CITY COUNCIL MEETING MINUTES OF JANUARY 28, 2002. Councilmember Billings stated that on page 12, he would like to make a change to a word in the fourth bullet. It should read as follows: "The sale shall be effected by July 1, 2003." Councilmember Bolkcom stated that on page 10, she made a motion to table the resolution until February 25. She said she would like the date added. MOTION by Councilmember Billings to approve the minutes with the corrections. Seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2002 PAGE 7 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. ORDINANCE NO. 1163 UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEROF (GENERALLY LOCATED NEAR 1200 CHERI LANE N.E.)(WARD 1): Councilmember Billings stated that on page 3 of the Agenda, the last bullet of the resolution should read: "The sale shall be effected by July 1, 2003." MOTION by Councilmember Billings to waive the reading, adopt Ordinance No. 1163 as amended, and order publication. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE PETITION NO. 2-2002 IN SUPPORT OF STREET IMPROVEMENT PROECT NO. ST. 2002 - 1: Councilmember Bolkcom stated that she does not have a problem with the petition but the number of votes was under 50 percent of the neighborhood. She received an additional nine telephone calls in support of the project. One no vote was received by her also. Mr. Haukaas has the zoning addresses with the additional names. MOTION by Councilmember Bolkcom to receive the additional "yes" telephone call votes, and additional letter as follows: Hart, David L& Wanda K 91 66th Way NE Fridley, MN 55432 Setering, Duane Peter & DC 71 66th Way NE Fridley, MN 55432 Yurkey, David SR & Nickly L 80 66th Way NE Fridley, MN 55432 Dupay, William & Paula 90 66th Way NE Fridley, MN 55432 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2002 PAGE 8 Johnson, Donald & Shirley 6600 Hickory ST NE Fridley, MN 55432 Langer, Mirth B TRUSTEE 6530 Hickory ST NE Fridley, MN 55432 Levoir, Richard E (letter) 10 66 1/2 Way NE Fridley, MN 55432 Hollen, Kermit & Frances 49 66th Way NE Fridley, MN 55432 Johnson, Bonita R 25 - 66th Way NE Fridley, MN 55432 Bjorklund, Marshall V & L 10 - 66th Way NE Fridley, MN 55432 Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to receive Petition No. 2-2002 supporting the Edgewater Street Project with the additional item. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. INFORMAL STATUS REPORTS: Mr. Burns stated that the City newsletter will be out shortly. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2002 PAGE 9 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE FEBRUARY 11, 2002, CITY COUNCIL MEETING ADJOURNED AT 8:00 P.M. Respectfully submitted, Signe L. Johnson Scott Lund Recording Secretary Mayor