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06/24/2002 - 00024408THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 24, 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 Billings, and Councilmember Bolkcom. MEMBERS ABSENT: Councilmember Wolfe. PROCLAMATIONS: Parks and Recreation Month - July, 2002 Mayor Lund stated that parks and recreation agencies provide outlets for physical activities, socialization, and stress-reducing experiences; and parks greenways and open spaces provide a welcome respite from our fast paced, high tech lifestyles while protecting and preserving the quality of the environment of our community. Mr. Kirk, Recreation and Natural Resources Director, stated that he appreciated Council's recognition and support. He felt the City has great facilities and programs. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda as presented. 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 June 3, 2002 APPROVED. FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 2002 PAGE 2 NEW BUSINESS: 1. AWARD CONTRACT FOR DESIGN ENGINEERING AND ARCHITECTURAL SERVICES FOR MUNICIPAL GARAGE IMPROVEMENTS (TABLED JANUARY 7, 2002): Mr. Burns, City Manager, stated that this was tabled on January 7, 2002. We have budgeted $650,000 in the Capital Improvements budget for construction and remodeling of the municipal garage. This would provide additional locker room, restroom, lunchroom, and office space. There would also be an expansion of inechanical work areas. After review of six proposals for architectural and engineering work, staff is recommending the contract be awarded to Oertel Architects of St. Paul, Minnesota, for an amount not to exceed $51,500. AWARDED CONTRACT FOR DESIGN ENGINEERING AND ARCHITECTURAL SERVICES FOR MUNICIPAL GARAGE IMPROVEMENTS. NEW BUSINESS: 2. RECEIVE BIDS AND AWARD CONTRACT FOR THE HARTMAN CIRCLE WATERMAIN LOOPING PROJECT NO. 347: Mr. Burns, City Manager, stated that bids were opened on June 17. Forest Lake Contracting provided the lowest bid at $157,203. This amount is within the 2002 budget allocation for watermain replacement. Staff recommended that Council receive the bids and award the contract. Councilmember Bolkcom asked Mr. Haukaas why this was being done and when the project would be done. The neighborhood meeting was not well attended. Mr. Haukaas, Public Works Director, stated that the project is intended to add a second waterline feed into that neighborhood. There is currently a large single loop with a single feed coming off of East River Road. In the event of a watermain break anywhere on that line, the entire neighborhood would be shut down. There are no opportunities to create a reverse feed. Anoka County is planning to do some work at East River Road and this project was moved up to coordinate with their work. RECEIVED BIDS AND AWARDED CONTRACT FOR THE HARTMAN CIRCLE WATERMAIN LOOPING PROJECT NO. 347. 3. RESOLUTION NO. 37-2002 RELATING TO THE DECERTIFICATION OF TAX INCREMENT FINNANCING DISTRICT NO. 15: Mr. Burns, City Manager, stated that the district was created on April 28, 1997, to assist the Minnesota Commercial Railway in developing a 57,900 square foot warehouse and distribution facility between the corner of 71st Avenue and the East University Avenue Service Road. Altogether $250,000 was provided in the form of a grant and a loan. The grant was $125,000. FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 2002 PAGE 3 The loan has been repaid. Due to the State's evaluation of the property, the HRA has received very little income from the district since 1999. Staff is recommending decertification due to the costs associated with continuing the district. The Fridley HRA approved decertification at their June 6, 2002, meeting. MOTION by Councilmember Bolkcom to receive the memo from Mr. Casserly dated April 5. Seconded by Councilmember Barnette. Mr. Richard Harris, 6200 Riverview Terrace, asked about the loan. Mr. Burns stated that the loan has been repaid within the combined $250,000 loan and grant amount. Mr. Harris asked about the other half of the loan. Mr. Burns stated that other half is not quite covered by the retainer on the property. Altogether the City recovered about $100,000. The amount of $25,000 is left. Mr. Harris asked if the City would have to pay for that. Mr. Burns stated that was correct. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTED RESOLUTION NO. 37-2002. 4. RESOLUTION NO. 38-2002 AUTHORIZING APPLICATION FOR AN OPPORTUNITY GRANT THROUGH THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM: Mr. Burns, City Manager, stated that Anoka County prepared a grant application for $75,000 in Livable Communities Grant money. Fridley, Anoka, and Coon Rapids, as rail corridor cities have joined the application to plan for the impacts of the commuter rail system. Since there are no maximum requirements for Fridley, the grant's funded study would provide valuable insight regarding the impact of commuter rail. Staff recommended Council's approval. Councilmember Bolkcom stated that the information did not include how much staff time would be involved. Mr. Hickok, Community Development Director, stated that it would have to be analyzed. ADOPTED RESOLUTION NO. 38-2002. FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 2002 PAGE 4 5. CLAIMS: APPROVED CLAIM NOS. 105632-106038. 6. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda as presented. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Mr. Richard Harris, 6200 Riverview Terrace, stated that there is a problem with the driveway situation on 62"d Place. He does not know how things got the way they are, but he hopes this can be resolved in an amicable manner. When the neighborhood meeting was held, the stub at the end was brought up. It is 37 years old and needs some repair. Mayor Lund stated that a meeting has been scheduled for Tuesday, June 25, with one of the neighbors. Mr. Harris asked who would attend the meeting. Mayor Lund stated that Mr. Potasek, Councilmember Bolkcom, Mr. Burns, Mr. Haukaas and himself would attend. The meeting will be held on Tuesday, June 25, 2002, at 5:00 p.m. Mr. Harris asked if someone would let him know if there was any change to the time of the meeting. Councilmember Bolkcom asked if any neighbors were left out. Mr. Harris stated that the neighbor at the end of the street at 190 - 62"d was informed. Councilmember Barnette stated that it was Marlene Gibson. Councilmember Bolkcom stated that it would make more sense to have all three of the interested parties present. Mr. Harris stated that he would think they would all be involved. Mayor Lund stated that he would contact Mr. Harris regarding the meeting. FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 2002 PAGE 5 Councilmember Bolkcom stated that it may make sense to reschedule with all three parties for a reasonable time. She cannot make the 5:00 p.m. meeting due to a prior commitment. Mr. Harris stated that he hoped they could all get together someplace to review this. PUBLIC HEARING: 7. CONSIDER A RESOLUTION OFFICIALLY DEEMING THE PROPERTY AT 975 HATHAWAY LANE N.E. AS HAZARDOUS AND AUTHORIZING COMMENCEMENT OF LEGAL PROCESS TOWARD DEMOLITON (WARD � MOTION by Councilmember Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:50 P.M. Mr. Hickok, Community Development Director, stated that an inspection of the property on May 17 revealed a number of health and public nuisance-related issues. An Anoka County representative was present. The building had not been occupied for a period of time. There was significant mold growth throughout the property. The basement had standing water. A consistent source of moisture was present providing humidity above seventy percent (70%) throughout the house, supporting mold and bacteria growth. Anoka County recommended that first the moisture source be identified and corrected. All porous materials including drywall, plaster, wood products, carpet and carpet pads must be removed and mold and contaminated bags must be discarded with an approved waste management. Any saved materials needed to be cleaned, disinfected and dried. Mr. Hickok stated that demolition and disposal may be the easiest and most cost effective option for this property. Staff recommended holding a public hearing, receiving public comment, and considering a resolution. There has been a signed purchase agreement to sell and demolish the property. Mayor Lund stated that after the site review, it was determined that there was not much to salvage in the home. Mr. Hickok stated that was correct. Mayor Lund asked if the homeowners were aware of the hearing tonight. Mr. Hickok stated that they were. Our purpose with moving ahead is to have a safety net in the event that the sale does not go through and the home sits for a period of time. It needs to be demolished with City funds if necessary, and then assessed back to the property owner. FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 2002 PAGE 6 MOTION by Councilmember Bolkcom to close 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 CLOSED AT 7:56 P.M. NEW BUSINESS: 8. RESOLUTION NO. 39-2002 ORDERING THE REMOVAL OR REPAIR OF A HAZARDOUS BUILDING, PURSUANT TO MINNESOTA STATUTES, SECTION 463, LOCATED WITHIN THE CITY OF FRIDLEY: Mr. Hickok, Community Development Director, stated that this is the resolution discussed during the public hearing. The resolution states that the City Council agrees that the building is hazardous and authorizes staff to move ahead with the legal process necessary to insure that the City can demolish the building and recover funds through assessment back to the property. Councilmember Barnette asked what the time frame was. Mr. Hickok stated that the courts treat these hazardous buildings as priority cases. Mr. Knaak, City Attorney, stated that once the resolution is passed, the owners have 20 days to respond. On the 21st day, a court order could be obtained to raze the building. Mayor Lund asked if the property owners are aware of the time frame. Mr. Hickok stated that they are. Mr. Knaak stated that if there is no response, the City then has the authority to take what steps are necessary. If this were a significant hazard right now, the City could go in presently and receive a court order. Councilmember Barnette stated that it is reasonable to allow representatives of the owner to take care of business themselves. Ms. Lois Norlane, Garret Norlane's sister, stated that the property is sold on paper. She said they need time to get some things out of there. They do have a problem with the water bill. A street assessment and taxes have to also be taken care of. Mayor Lund stated that there is no problem as long as this matter proceeds. Councilmember Bolkcom stated that this is a different situation than the last case. This is not such a hazard that we cannot give time to work on these issues first. FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 2002 PAGE 7 Mr. Hickok stated that Ms. Norlane has been very good in keeping in contact. One of the options in the 20-day timeline is that they can outline a reasonable schedule for demolition and repair. MOTION by Councilmember Bolkcom to adopt Resolution No. 39-2002. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. Mr. Sallman, Director of Public Safety, stated that this is the last step. On March 19, a tobacco compliance check required by City ordinance was conducted and the Billiard Street Cafe failed. The employee who sold the tobacco products has paid his fine. On June 3, an appeal was brought before Council, and the license holder did not attend. Council upheld the Hearing Examiner's report and the licensee was notified by letter on June 4 and payment of the fine was requested. There has been no response to this date. The ordinance states that there is 20 days to pay the $500 fine or the City Council may suspend the license to sell tobacco products for a period not to exceed 10 days. Mr. Sallman stated that staff recommended suspension of the license to sell tobacco for 10 days effective June 26 through July 5. Councilmember Bolkcom asked Mr. Knaak if the license was suspended for ten days, does the licensee receive the information of the decision and have recourse to appeal. Mr. Knaak, City Attorney, stated that this can be taken to court. The City, however, is following an outlined procedure. There is no factual basis for dispute. Councilmember Bolkcom asked if the hand-delivered letter to the owner prompted any contact. Mr. Sallman stated that there has been no contact. Councilmember Bolkcom asked what the ne�t step would be after suspending the license. Mr. Sallman stated that there would be follow-up to find out if the licensee received the hand delivered letter of the notification of suspension. Mayor Lund asked if this was in lieu of the $500 fine. Mr. Sallman stated that was correct. MOTION by Councilmember Bolkcom to suspend the license for the Billiard Street Cafe from June 28 through July 7. Seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 2002 PAGE 8 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that after the meeting he would like to discuss the parking issues at Totino-Grace. Councilmember Billings would also like to discuss the assessments to driveways. There have also been a few applications for membership on the City's Commissions. Councilmember Barnette stated that he would like to discuss the situation Mr. Harris mentioned. Councilmember Bolkcom stated that a brochure has been prepared by the Anoka County Tobacco Prevention Team regarding a no smoking kit. If anyone is interested in obtaining the kit, please call Liz Chevalier. Mr. Sallman, Public Safety Director, stated that Ms. Chevalier's telephone number is 572-3626 or 572-3629. Councilmember Bolkcom stated that Safety Camp starts on Tuesday, June 25. She thanked all the volunteers and officers participating in this program. Councilmember Bolkcom stated that she and Councilmember Billings attended the League of Minnesota Cities Conference. At the conference, the City of Fridley received an Achievement Award for Innovation and Excellence in Communications. Staff has been very involved in communications such as the newsletter and letters sent to the public. Mayor Lund congratulated Mr. Burns for putting together the newsletter. Councilmember Bolkcom thanked everyone involved with'49er Days. Mr. Burns thanked the '49er Days Committee for all of their hard work. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE JUNE 24, 2002, CITY COUNCIL MEETING ADJOURNED AT 8:17 P.M. Respectfully submitted, Signe L. Johnson Scott Lund Recording Secretary Mayor