Loading...
07/08/2002 - 00024416THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 8, 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: None. PROCLAMATIONS: National Night Out - Tuesday, August 6 Mayor Lund stated that Fridley residents play a vital role in assisting the Fridley Police Department through joint crime, drug and violence prevention efforts in Fridley and by supporting "National Night Out " locally. Councilmember Barnette stated that he would like to know how many years Mr. and Mrs. Johnson have participated in National Night Out in Fridley. Byron and Marilou Johnson, 6862 Washington Street N.E., stated that they started when Fridley began participating. Ms. Harris, Public Safety Projects Coordinator, stated that National Night Out has been going on for about 19 years and the Johnson's have participated in every single one. Mayor Lund asked if it was true that Fridley did not take first place last year. Ms. Harris stated that it was a little warm and there were some cancellations, but there were more people involved than ever. Councilmember Barnette asked what number people should call if they want to participate. Ms. Harris stated that they can call her at 763-572-3638. FRIDLEY CITY COUNCIL MEETING OF JULY 8, 2002 PAGE 2 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 24, 2002 APPROVED. NEW BUSINESS: 1. APPROVE CHANGE ORDER NO. 1- SANITARY AND STORM SEWER LINING PROJECT NO. 345: Mr. Burns, City Manager, stated that this change order supports additional sanitary sewer lines on 75th Avenue and the Hackman Avenue rear yard easement. Those areas were identified in response to emergency repairs done recently and as a result discovering substantial cracking in the lines. The cost of the change order is $11,628. Staff recommended Council's approval of the change order. APPROVED CHANGE ORDER NO. 1 TO SANITARY AND STORM SEWER LINING PROJECT NO. 345. 2. APPROVE JOINING WITH THE LEAGUE OF MINNESOTA CITIES TO DEVELOP AN NPDES PHASE II GUIDE PLAN: Mr. Burns, City Manager, stated that this would be used for preparation for the NPDES Phase II permit application. The plan would provide a"fill in the blank" format that would greatly reduce the work required for completing the permit application. The League of Minnesota Cities is hoping to attract fifty city participants at the cost of about $5,000 each. This plan would save Fridley a substantial amount of money in consulting costs. Staff recommended Council's approval. APPROVED. 3. APPOINTMENT - CITY EMPLOYEE: Mr. Burns stated that this was consideration of a motion to appoint Douglas Katzung to the Public Services Worker, Parks position. James Schmidt, who was previously appointed to this position, returned to work for his former employer. Mr. Katzung has worked for the College of St. Catherine for more than ten years as well as private landscape firms. His education includes FRIDLEY CITY COUNCIL MEETING OF JULY 8, 2002 PAGE 3 an AA degree from the University of Minnesota-Waseca in Landscape Technology and a two- year degree in Horticulture from the Anoka Vocational Technical Institute. Staff recommended Council's approval. APPOINTED DOUGLAS KATZUNG TO THE PUBLIC SERVICES WORKER, PARKS, POSITION. 4. CLAIMS: APPROVED CLAIM NOS. 106041-106265. 5. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. 6. ESTIMATES: APPROVED THE ESTIMATES AS FOLLOWS: W.B. Miller 6701 Norris Lake Road N.W. Elk River, NIN 55330 2002 Street Improvement Edgewater Gardens Project No. ST. 2002 - 1 Estimate No. 1 $ 66,556.05 Lametti & Sons 16028 Forest Boulevard North Hugo, NIN 55038 Sanitary and Storm Sewer Lining Project No. 345 Estimate No. 1 $ 29,784.40 ADOPTION OF AGENDA: MOTION by Councilmember Barnette to adopt the agenda as presented. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JULY 8, 2002 PAGE 4 OPEN FORUM, VISITORS: Mr. Tim Arnold, 8141 Fairmont Circle, stated that he was under the impression there was supposed to be a proclamation for the VFW Special Olympics Softball Tournament. In any event, the tournament is this Saturday at the fields at Community Park. He would like to thank the City of Fridley for the donation of the fields for the use. This is the 22"d year of the Special Olympics. This is the 3rd time in the last 11 years that Fridley has had the honor sponsoring the event. He would like to thank Mark Daly from the Recreation Department for all his hard work in organizing this. Councilmember Bolkcom asked what time the tournament started. Mr. Arnold stated that it would start Saturday, July 13, at noon at Community Park. He said they were expecting 400 to 450 athletes for this statewide tournament. Councilmember Wolfe asked if it would be a one-day tournament. Mr. Arnold stated that there would also be activities on Sunday. Special Olympics of Minnesota is handling the second day. Mr. Greg Potasek, 310 - 62"d Way, stated that he would like to put on the agenda for the ne�t Council meeting the subject of dead-end streets and the maintenance of those streets. It is a major concern for all citizens of Fridley who live on dead end streets. Mayor Lund stated that staff is aware of the concern and they would address those concerns in a letter under the advice of the City Attorney. If there are still concerns after the letter, Mr. Potasek could voice his concerns to staff so that it could be addressed at a future meeting. Mr. Potasek stated that there are many people who plan on being at the ne�t Council meeting to address this issue. Mayor Lund does not know if that could be brought to Council's agenda that quickly. Mr. Potasek stated that they could probably respond in the 15-minute open forum. Mayor Lund stated that the open forum is available to anyone, but Council does not make resolutions at that time. Mr. Potasek stated that he requests this be addressed at the ne�t Council meeting due to the critical issues of health and safety to citizens of Fridley who live on dead-end streets. Councilmember Billings stated that he is not sure what the issue is to be addressed on the agenda. We need enough time to get information out to the public so they can be at the meeting to respond. A request of discussion of dead-end streets is not descriptive enough for people. FRIDLEY CITY COUNCIL MEETING OF JULY 8, 2002 PAGE 5 Mr. Potasek stated Mayor Lund indicated he is well aware of the situation so if you want to refer to him you may. Mr. Richard Harris, 6200 Riverview Terrace, stated that there is a problem with the street driveway situation on 62"d Place. He does not know how things got the way they are, but he hopes it could be resolved in an amicable manner. Mayor Lund stated that a meeting was held with himself and a ward Councilmember at Mr. Potasek's house. The only discussion we have had about this since is with Mr. Haukaas for investigation and review and with the City Attorney for direction. He said they do not hold any private meetings with Council so when this is addressed with Council, anyone is invited. Mr. Harris asked where and when this meeting would be. Mayor Lund stated that staff would respond to the concerns first by letter. If there are still issues at hand, it may take a petition from the neighbors or the posting of a legal notice to residents if need be for a public hearing. Mr. Harris asked who was going to write the letter. Councilmember Bolkcom stated that the questions and comments received need answers. We need time for the City Attorney to get information back to us. The plan is to send a letter to all three neighbors with the answers to the questions raised. Mayor Lund stated that the City Manager would respond. If there are still further questions or concerns, we could possibly hold a meeting. Mr. Harris asked who was going to write the letter. Who makes the final decision? Mayor Lund stated that the letter would come from the City Manager. There is no action for Council to take at this time. Upon review, staff will get answers to the questions you raised. Mr. Knaak, City Attorney, stated that there is no decision. Mr. Harris stated that he has to make a decision on his course of action. Mr. Knaak stated that the answers will be consolidated in a single letter directed to him. Dr. Burns is the one with the authority to write the letter, but the City Engineer and the City Attorney will collaborate with the research. There is no action necessary. Mr. Harris stated that he may take it upon himself to pave it and do it right. This time he would not put down 3/8 inch of blacktop to cover it. A proper overlay is two inches. Mr. Burns, City Manager, stated that it was constructed in 1969. FRIDLEY CITY COUNCIL MEETING OF JULY 8, 2002 PAGE 6 Mr. Harris stated that it was put on more recently and he did not discover it until after the meeting. He is miffed at the way taxpayer's money is being spent and this is not good construction practice. Mayor Lund asked if the blacktop piece Mr. Harris brought in was delamination. Mr. Harris stated that is correct and it is rolled to 3/8 of an inch. Mr. Burns asked if it had been overlaid recently. Mr. Haukaas, Public Works Director, stated that the records do not say if we ever overlaid that street. Three sealcoats were completed since 1969. Mayor Lund asked if that was sealcoat with rock in it. Mr. Harris stated that it was not. It was an overlay. It was too thick for a sealcoat. Mr. Haukaas, Public Works Director, stated that he would have to look at it. He said he would be happy to meet with Mr. Harris to look at it. Mr. Harris stated that it is the third time around with Riverview Terrace. It had to be torn up the first time because of slipshod construction practices. Mr. Knaak stated that he indicated that this piece of blacktop was taken from the end of the driveway. If it is, certainly he would not be asking for taxpayer money and Council to make that decision to fix his driveway. Mr. Harris stated that our newsletter article said that while boulevards can vary in width between 2 and 19 feet, the vast majority of these boulevards are between 10 and 15 feet. His boulevard is 34 feet to facilitate snow plowing. A copy of the Council minutes from May 11, 1970, states that his question about the City expecting the neighbors to maintain and plow it too, came back that Mr. Harris shared a driveway with Mr. Potasek so the City would not maintain and plow the driveway. If that is the case, who has been out the last 33 years doing that? It also stated that the dead-end would be redone at a later date. Mr. Burns stated that the letter he prepared would be based on the answers he would receive from the City Attorney and the Public Works staff. Mr. Harris asked why this could not be solved. Is it your position that since there is no question, there is no decision to be made? He wants the Council to answer that, not the City Attorney. The names of the attorney, city engineer, and city manager are not on the ballot on the first Tuesday after the first Monday in November. Mayor Lund stated that he would put his name on the letter. Mr. Harris stated that he would pave it himself. FRIDLEY CITY COUNCIL MEETING OF JULY 8, 2002 PAGE 7 Ms. Claudia Potasek, 310 - 62"d Way, stated that they are concerned due to the registration of their street at Anoka County as a dedicated street. It was put built in 1957. Other streets have adjoined it and there is a section 80 feet long that only three houses are currently on. She said that their abstract deed sets it as a street and now the City is saying that it is a driveway. It has been maintained like a city street with the way it has been plowed and serviced. Their concern is that if the City can say it is a driveway, why do they pay to get abstracts. This can happen to anyone else who lives on dead-end streets. Councilmember Bolkcom stated that if we are going to take action on something, we have to notify the public and have to do research on who lives on dead-end streets and invite them to a meeting. Ms. Potasek stated that she would be very supportive of that. Mr. Potasek stated that it bothers him that the City Manager, City Attorney, and City Engineer were making this decision. A letter he received from Jon Haukaas stated that the questionable street/driveway was never installed or intended to be maintained by the City. A few minutes ago he heard Mr. Haukaas state that the street was overlaid in 1969. If you are basing decisions upon information from these individuals please keep this in mind. Mayor Lund stated that Mr. Haukaas said that there is no record showing that the City ever overlaid that. Mr. Haukaas stated that was correct. It was reconstructed in 1969 with three sealcoats since. Mr. Potasek stated that the written word by Mr. Haukaas states that: "There is no evidence that the driveway was ever installed or intended to be maintained by the City." That contradicts what he said to Mr. Harris this meeting. PUBLIC HEARING: 7. CONSIDERATION OF A LOCAL LAW ENFORCEMENT BLOCK GRANT: MOTION by Councilmember Billings to open the public hearing and waive the reading. Seconded by Councilmember Barnette. Councilmember Bolkcom asked how early the hearing can be held if it was published July 3. Ms. Harris stated that this is a federal requirement and the rules state that the hearing needs to be publicized. We also need to have a committee state their view on how to use the funds. It does not state any time period. Councilmember Bolkcom stated that it seems that it is very short notice. FRIDLEY CITY COUNCIL MEETING OF JULY 8, 2002 PAGE 8 Ms. Harris stated that this grant was made known 1 1/2 weeks prior to July 4. We were given until July 17 to finish the grant process. Mr. Knaak stated that he is not familiar with a specific federal requirement beyond what the state would provide. UPON A VOICE VOTE, COUNCILMEMBERS BILLINGS, BOLKCOM, BARNETTE, AND MAYOR LUND VOTING AYE, COUNCILMEMBER WOLFE ABSTAINING, MAYOR LUND DECLARED THE MOTION CARRIED 4-1, AND THE PUBLIC HEARING WAS OPENED AT 8:10 P.M. Ms. Harris, Public Safety Projects Coordinator, stated that this year we received a local Law Enforcement Block Grant in the amount of $20,660, including our 1/9 match of $2,066. We chose Category 1 to pay for overtime and training for our bike patrol which is something we have not been able to fulfill for a couple of years. The bike patrol can have direct contact with our community in the parks and is a different way of patrolling for our officers. The second use was to encourage, recruit, and train for our reserve program and become more active in the community. MOTION by Councilmember Barnette to close 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 CLOSED AT 8:12 P.M. 8. INFORMAL STATUS REPORTS: Mr. Burns stated that Staff did not have any reports to share this evening. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE JULY 8, 2002, CITY COUNCIL MEETING ADJOURNED AT 8:10 P.M. Respectfully submitted, Signe L. Johnson Scott Lund Recording Secretary Mayor