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11/18/2002 - 00024702MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 18, 2002 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: MEMBERS ABSENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, and Councilmember Wolfe Councilmember Bolkcom OTHERS PRESENT: William W. Burns, City Manager Jon H. Haukaas, Public Works Director Scott Hickok, Community Development Director Richard D. Pribyl, Finance Director/Treasurer Frederick Knaak, City Attorney APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF CITY COUNCIL MEETING MINUTES: City Council Meeting of October 28, 2002 City Council Meeting of November 4, 2002 City Council Meeting of November 7, 2002 Mayor Lund stated the following corrections should be made to the Minutes of October 28, 2002: (1) (2) (3) On page 3, second paragraph, it should state NIr. "Myhra" and "comprehensive plan for the City" (not "for Brandes Place"); On page 11, Item No. 8, the year in the title should read "2002" not "20021;" and, On page 22, tenth paragraph, it should read "federal government keeps requiring "more" instead of "less." APPROVED WITH CORRECTIONS. OLD BUSINESS: FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 18, 2002 PAGE 2 1. SECOND READING OF AN ORDINANCE AMENDING CHAPTER 102 OF THE FRIDLEY CITY CODE REPEALING THE CIVIL SERVICE COMMISSION: Dr. Burns, City Manager, stated the ordinance amended Chapter 102 of the Fridley City Code. While Police Civil Service Commissions were once considered necessary for insuring that police officers would be selected in an objective manner, other federal and state legislation now preserved the integrity of this process without requiring the assembly of a Police Civil Service Commission. He said the Civil Service Commission met on several occasions to discuss this issue and agreed that the Commission should be dissolved. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. NEW BUSINESS 2. RESOLUTION NO. 65-2002 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND FOR JANUARY THROUGH OCTOBER, 2002: Dr. Burns, City Manager, stated these were changes that resulted from unexpected donations, reimbursements, and expenditures. He said they included General Fund revenue and expenditure adjustments of $45,751, a transfer of $8,610 from the Storm Water Fund to the Grant Management Fund to provide the local match for the Clean Water Partnership Grant the City received this year from the MPCA, and a Capital Improvement Fund adjustment of $16,156 for relamping the Municipal Center. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 65-2002. 3. RESOLUTION NO. 66-2002 PROVIDING FOR SEWER RATE INCREASE: Dr. Burns, City Manager, stated that staff recommended a sewer rate increase of 3. 8% for 2003. He said the increase was needed to offset expenditures for the operation of the City's sewage collection system and for payment of costs for regional sewage treatment. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 66-2002. 4. RESOLUTION NO. 67-2002 PROVIDING FOR A STORM WATER DRAINAGE RATE CHANGE: Dr. Burns, City Manager, stated that staff recommended a storm water fee increase of 3.8% for 2003. He said the amount would be increased from $2.91 per quarter to $3.02 per quarter for homes. He stated that the increase was needed to offset expenditures for FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 18, 2002 PAGE 3 the operation of the City's storm water collection system. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 67-2002. 5. RESOLUTION NO. 68-2002 PROVIDING FOR A WATER RATE CHANGE: Dr. Burns, City Manager, stated that staff recommended a 3.8% increase in water rates for 2003. He said the increase was needed to offset expenditures for operation of the City's wells and treatment and distribution facilities. He indicated that the increase would raise costs for consumption of under 5 million gallons per quarter from $1.04 per thousand gallons to $1.08. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 68-2002. 6. RESOLUTION NO. 69-2002 APPROVING RECYCLING SERVICE FEES: Dr. Burns, City Manager, stated that staff recommended a 3.8% increase in the City's quarterly recycling fee for 2003. He said the increase was needed to offset expenditures for collection of recyclables and for other solid waste abatement programs. He indicated that the increase would raise quarterly fees from $5.73 to $5.95, or by $.88 per year. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 69-2002. 7. APPROVE DEFERRAL OF THE 2001 STREET IMPROVEMENT ASSESS- MENT FOR 5800 TENNISON DRIVE N.E. Dr. Burns, City Manager, stated the deferral is in the amount of $1,002.66. He said the deferral is permitted for senior citizens who meet the City's income guidelines. Under this program, the City's costs will be reclaimed from the proceeds of the sale of the residence at such time as it is sold. Staffrecommended Council's approval. APPROVED. 8. APPROVE CHANGE ORDER NO. 1 TO THE PEDESTRIAN BRIDGE REPLACEMENT PROJECT NO. 341 Dr. Burns, City Manager, stated that the amount of the change order is $849.52. It is for the replacement of railings below the bridge. Staff recommended approval of this change order. APPROVED. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 18, 2002 PAGE 4 9. APPROVE ADDITIONAL PAYMENT OF REIMBURSABLE EXPENSES TO OERTEL ARCHITECTS FOR THE MUNICIPAL GARAGE EXPANSION PROJECT: Dr. Burns, City Manager, stated that the payment amount, $2,295.46, was for the production of bid and construction documents. These costs exceeded expectations due to the larger than expected number of bidders for the garage expansion and remodeling project. Staffrecommended Council's approval. APPROVED. 10. APPROVE MEDIATED SETTLEMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND LAMETTI & SONS AND THERMORETEC CORP. Dr. Burns, City Manager, stated the payment, $49,494.15, was for an insurance claim made against the City as a result of a 1999 incident in which a sewer interceptor was severed in the Northtown Rail Yards. The broken sewer line resulted in damage to the line and sewage back up that caused considerable damage to the API property on Main Street in Fridley. Dr. Burns stated that as a result of negotiations with the various parties involved, including the League of Minnesota Cities Insurance Trust, the City agreed to accept about 46% of the responsibility for damages. Staff recommended Council's approval of this agreement. APPROVED. 11. APPOINTMENT - CITY EMPLOYEE: Dr. Burns, City Manager, stated staff recommended the appointment of Craig E. Hanson to the position of Public Services Worker - Sewer Division. He said that Mr. Hanson had more than 10 years of experience as a Public Utilities Worker for the City of Wayzata and had obtained the relevant licenses needed to operate in this area. APPROVED THE APPOINTMENT OF CRAIG E. HANSON. 12. CLAIMS: APPROVED CLAIM NOS. 108366 THROUGH 108588. 13. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 18, 2002 PAGE 5 14. ESTIMATES: APPROVED THE FOLLOWING ESTIMATES: Ron Kassa Construction 6005 — 250t'` Street E Elko, MN 55020 2002 Miscellaneous Concrete Repair Project No. 344 FINAL ESTIMATE .............................................................. $ 4,640.48 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 June, 2002 ...................................... $ 20,259.00 No persons in the audience spoke regarding the proposed consent agenda items. MOTION by Councilmember Billings to adopt the proposed consent agenda with the exception of Item 1 to be removed and placed on the regular agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA: MOTION by Councilmember Barnette to adopt the agenda with the addition of Item 1. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Mr. Tom Myhra, 6360 Able Street N.E., presented copies of a brochure to Council prepared by the Taxpayers League Foundation regarding the state's transportation system. Mr. Dick Snyder, 5901 Second Street N.E., asked Mr. Haukaas about the streets in Hyde Park. He said the City went through Hyde Park, oiled the cracks in the road, put the black top down and leveled it off, and nothing has been done since. He asked if anything would be done. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 18, 2002 PAGE 6 Mr. Haukaas replied that what Mr. Snyder was referring to was the preparation for ne�t year's sealcoating project. He said that area will be completed in the spring. OLD BUSINESS: 1. SECOND READING OF AN ORDINANCE AMENDING CHAPTER 102 OF THE FRIDLEY CITY CODE REPEALING THE CIVIL SERVICE COMMISSION: Councilmember Billings indicated that there must be a unanimous vote of the City Council to eliminate the Civil Service Commission. He said because one member was not present, he was going to move to table this item until the ne�t Council meeting. MOTION by Councilmember Billings to table this item until the City Council meeting on December 9, 2002. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 15. INFORMAL STATUS REPORTS. Mr. Hickok, Community Development Director, stated in October, Mr. Myhra requested that the City form a Blue Ribbon Committee to review the Comprehensive Plan approved by the City in the year 2000. Mr. Myhra indicated he had read the first couple of chapters and believed the plan did not accurately reflect the direction of the people of Fridley. Mr. Hickok said the City of Fridley adopted the Comprehensive Plan in March of 2000. Prior to that, the City embarked on a 2'/z year process, one that involved soliciting public comments, drafting plans, and then soliciting additional comments. Minn. Stat. §478.64 outlined the Comprehensive Plan that is required of municipalities in the State of Minnesota. The Comprehensive Plan was required by December 31, 1998. The City of Fridley requested and received a six-month e�tension. The Plan was approved by the Metropolitan Council and the City of Fridley. The ne�t major amendments to the Comprehensive Plan are due by December 31, 2008. He indicated there was a process to follow for minor amendments. Mr. Hickok stated that a Blue Ribbon Committee that would address the Comprehensive Plan would be a wonderful thing. The original Comprehensive Plan and consultant costs were in excess of $50,000, and staff costs are probably above the same. The City invested that kind of money in the planning process would like citizens to offer feedback. When the Comprehensive Plan was developed, they sent invitations out to all the neighborhoods in the City. That was an opportunity for people to prepare their statements and to make comments about what they thought the Comprehensive Plan could be. Those comments were considered and integrated into the Plan. He said as they move forward, it was important to receive additional feedback. With a deadline of FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 18, 2002 PAGE 7 2008 for the ne�t amendment, staff did anticipate that additional citizen input and visioning sessions would be necessary and would begin the process formally in early 2006. Mr. Hickok said that the right solution for review of the Comprehensive Plan like was to review the entire te�t. Comprehensive Plan elements are integrated and interwoven, and changing one area without considering the rest of the document, was not recommended. He stated that they welcomed citizens' comments as part of the process. In the interim, he said staff recommended that any and all residents interested in participating on the Blue Ribbon Committee that was suggested, keep that interest and be part of the comprehensive planning process between 2006 and 2008. Mr. Myhra, 6360 Able Street N.E., approached and indicated that he had been on the Planning Commission from 1968 to 1972. He said that after the Brandes Place matter, he obtained a copy of the Comprehensive Plan for the City and started reading it and was astounded with the total change in housing in Fridley. He said in the first half of the plan, it stated we had to have diversity because of low income. He asked why. He stated no Councilmember ever mentioned anything about housing. He stated he does not think they need any more low income housing. He indicated that Fridley is comprised of 30 percent rental and 18 percent government-assisted housing. He indicated that the Blue Ribbon Committee would work to restore the city government. It would be a direct voice of the people and the goal would be the Comprehensive Plan. Mr. Myhra indicated that Fridley had enough low income property and needed more property for senior citizens. He stated that the Community Development Department must understand that their first loyalty belonged to the people of Fridley. He stated he was sure Council voted on the Comprehensive Plan and asked how many of them actually read it. He said he believed the City's zoning ordinances were important. He stated that when he was on the Planning Commission, their first responsibility was to make sure there were no changes unless Fridley wanted them. Mayor Lund asked Mr. Hickok if he recalled when the prior Comprehensive Plan was in effect. Mr. Hickok replied it was in the late 1980's. The process went from 1987 to 1989 and it was in effect until recently. Councilmember Barnett asked Mr. Myhra how he was recruiting the Blue Ribbon Committee. Mr. Myhra replied they have a base of 1,000 people. Councilmember Barnett asked if he was going to ask people. Mr. Myhra replied they are going to send information to people. He said they could perhaps have them review sections. Councilmember Barnette asked if they planned to make recommendations. Mr. Myhra indicated that was correct. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 18, 2002 PAGE 8 Councilmember Wolfe commented it sounded like Mr. Myhra was going to get a group together because he does not like the way the City of Fridley is being run. Mr. Myhra replied that he thought it was something they needed to go back to. Mayor Lund stated he recalled that several visioning meetings were held. Mr. Myhra recalled being told that his house was not the kind that people would want to move into. He said that on Able, between West Moore Drive and Mississippi, there are 43 homes: 4 young couples with no children, 11 couples with two children, 5 middle-aged single people, 9 couples who are in their 70's and 80's, and 9 widows or widowers in their 70's and 80's. There are 18 homes on that street that will be up for sale within 20 years. The prices on the homes from the 70's have gone up too high. When he bought his house, it was four times his annual salary. For a $150,0000 home, a couple would now have to make $40,000 to support it. Mayor Lund acknowledged that there were some students in the audience for a school class. He welcomed them and thanked them for coming. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE NOVEMBER 4, 2002, CITY COUNCIL MEETING ADJOURNED AT 8:07 P.M. Respectfully submitted, Denise M. Letendre Scott J. Lund Recording Secretary Mayor