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12/15/2003 - 29232CITY OF FRIDLEY CITY COUNCIL MEETING MINUTES DECEMBER 15, 2003 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, Councilmember Wolfe and Councilmember Bolkcom. None. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of November 3, 2004 APPROVED. OLD BUSINESS: 1. ORDINANCE NO. 1182 AMENDING CHAPTER 205, SECTIONS 205.13, 205.14, 205.15, 205.17, 205.18, 205.19 AND 205.20 RELATED TO PARKING FOR A FURNITURE STORE USE IN THE COMMERCIAL AND INDUSTRIAL DISTRICTS (ZONING TEXT AMENDMENT, ZOA #03-01, BY DAVID BALLIE, FURNITURE OUTLETS USA, INC.) (WARD 3). Dr. William Burns, City Manager, said the legislation added language to Chapter 205.13 of the City Code that would establish parking requirements for furniture stores. The proposed standard was one space for every 400 square feet of showroom space. Staff recommended Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1182 ON THE SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 15, 2003 PAGE 2 2. APPROVE 2004 SIXTY-DAY ACTION APPLICATION DEADLINES FOR THE PLANNING AND APPEALS COMMISSION MEETINGS. APPROVED. 3. RESOLUTION NO. 74-2003 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE 2003 BUDGET FOR JULY THROUGH NOVEMBER, 2003. Dr. William Burns, City Manager, said the changes were small and generally attributable to donations, insurance payments and unforeseen expenditures. General fund changes amounted to $25,972. Most of that amount, $15,262, was for reimbursed police training. There was also an $8,609 adjustment to the Grant Management Fund and a$30,543 adjustment to the Streets Capital Improvements Fund. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 74-2003. 4. RESOLUTION NO. 75-2003 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT APPLICATION FOR DELASALLE HIGH SCHOOL BROADWAY BAR & PIZZA, 8298 UNIVERSITY AVENUE N.E.)(WARD 3). ADOPTED RESOLUTION NO. 75-2003. 5. APPROVE CHANGE ORDER NO. 2 TO HICKORY STREET WATERMAIN PROJECT NO. 350. Dr. William Burns, City Manager, said the amount of the change order was $2,156.42. It was required for paving that was needed to provide proper drainage. Staff recommended Council's approval. APPROVED CHANGE ORDER NO. 2 FOR MIDWEST ASPHALT CORPORATION IN THE AMOUNT OF $2,156.42. 6. CLAIMS. APPROVED CLAIM NOS. 114513 THROUGH 114625. 7. LICENSES. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF PROPOSED CONSENT AGENDA: Dr. William Burns, City Manager, recommended approval of the consent agenda. No one in the audience spoke regarding the consent agenda items. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 15, 2003 PAGE 3 MOTION by Councilmember Barnette to adopt the proposed consent agenda as presented. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA. MOTION by Councilmember Bolkcom to adopt the agenda as submitted. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Mr. Barney Buss, 6050 Fifth Street N.E., asked if they would be able to speak on the Brandes Place agenda item. Mayor Lund said they would be allowed to speak. No one else from the audience spoke. NEW BUSINESS: 8. RESOLUTION NO. 76-2003 CERTIFYING FINAL TAX LEVY REQUIRE- MENTS FOR 2004 TO THE COUNTY OF ANOKA. Mr. Richard Pribyl, Finance Director, said the resolution was for the 2004 ta�c levy. It complied with both State law and the City Charter requirements. The City passed a proposed levy in September in the amount of $6,758,745. The final levy was $6,483,745, or $275,000 less than the preliminary levy. The general fund in the amount of $6,372,785 made up the vast majority of the levy. Staff recommended Council's approval. MOTION by Councilmember Barnette to adopt Resolution No. 76-2003. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. RESOLUTION NO. 77-2003 ADOPTING THE FINAL BUDGET FOR THE FISCAL YEAR 2004. Mr. Richard Pribyl, Finance Director, said this item completed the truth-in-taxation process required by the State of Minnesota. Certification of the final budget must be to the County Auditor by December 29. The City complied with Section 7.04 of the City Charter. One of the FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 15, 2003 PAGE 4 major issues the City had to contend with in preparing the budget was the loss of $1,103,605 in local government aid in 2004. There were also other revenue-type losses based on the poor economy. Expenditures in all departments were reduced. The 2004 final budget was presented at the meeting on December 8, 2004, by the City Manager. At that meeting, there were no open issues to resolve and a continuation meeting was not necessary. Overall, there was a reduction of $1,280,527 or an 8.8 percent decrease in the budget. Staff recommended Council's approval. MOTION by Councilmember Bolkcom to adopt Resolution No. 77-2003. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. RESOLUTION NO 78-2003 APPROVING A PLAT, P.S. #02-03, CHURCH OF ST WILLIAM FIRST ADDITION, FOR THE PURPOSE OF CONSTRUCTING A 16-UNIT MULTI-FAMILY DEVELOPMENT, GENERALLY LOCATED AT 6160 FIFTH STREET N.E. (WARD 1). MOTION by Councilmember Billings to approve Resolution No. 78-2003. Seconded by Councilmember Bolkcom. MOTION by Councilmember Billings to substitute the amended Resolution No. 78-2003, with a change in the paragraph related to plat stipulations, which should read as "Exhibit A." Seconded by Councilmember Bolkcom. Mr. Knaak, City Attorney, said there were certain things that had to appear of record for this kind of an organization to transfer property. Chapter 315.12 of Minnesota Statutes, required that something had to have been filed which indicated that the organization had been put together, what the structure was, and who the trustees were at the time of its formation. That happened in 1963 for St. William's. If someone attests, it was a sworn statement and the fact that it was made by an archbishop did not matter. What mattered as far as the law was concerned was the person was a trustee on the board. As the Archbishop, he was a named member of the board. He attested to the transaction, having the authority to do so. The statute was very clear. It stated that the facts contained therein are presumptive evidence. Mr. Edmond Sworsky, 491 — 61St Avenue N.E., said he was concerned because he was told that this was what the housing committee said Fridley wanted. Pretty soon there would not be any small houses. The homes on 57th Avenue were not very aesthetic. There was a lot of traffic in his area now. He said they had more than their share of affordable housing. Councilmember Barnette said he understood what Mr. Sworsky was saying, but the only thing they could deal with now was this particular issue on Brandes Place. Mr. Sworsky thought it was connected. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 15. 2003 PAGE 5 Mr. Chuck Jones, resident of Fridley and a parishioner of St. William's Church, said when this started, he was the Parish Council President at St. William's. At the time, the people on the Parish Council felt it was a good idea to help give people a start. As things started escalating and changing on that property, they were informed that they needed to get the property rezoned and then go to the next step. The information they received from Council was if it did not get rezoned, that would squash it and the property would still be St. William's. They then found out there was a deal. After they found out about that, he, Father Whalen and a few other parishioners told Council that after reviewing the whole process and after looking over the plan and the way it was set up, they did not want the project to go through. They felt that there was so much dissension among the people of St. William's and the neighborhood. In the process, the archdiocese got involved. The Archbishop is on the board for voting on this project for the church and was also one of the voting members for Catholic Charities. He asked who had the deed for the property--Father Whalen and St. William's or the Archbishop. They thought it might not be the right time for the property. They even had second thoughts about Catholic Charities. He said he was at the Council meeting as a parishioner of St. William's. There was still a lot of dissension among the people of St. William's. The people in the neighborhood were still upset. Mayor Lund said the matter was voted against initially. The City was sued because of its decision and went to mediation on the matter. He said they were told by the City's attorneys in the matter they did not have a chance of winning. He was unwilling to spend a lot of the taxpayers' money to fight a lawsuit. Councilmember Barnette said in July he asked who owned the property. Since the County approved the mylars, they have said Archbishop Flynn signed the papers as president of the corporation. Attorney Knaak said Archbishop Flynn signed on behalf of the corporation and the religious association that was St. William's. Councilmember Bolkcom asked why members of the parish had not filed an injunction or filed a lawsuit. Mr. Jones said he was not sure. Mr. Russ Sykora, 6271 Sixth Street N.E. said he heard Mr. Jones say that the archbishop was also on the board of Catholic Charities. He asked if there was a conflict of interest. Councilmember Bolkcom said it was not for them to decide. Mayor Lund agreed. Mr. Les Sykora said up to about a year ago, there was a large Catholic parish in Eden Prairie. Their priest was getting elderly and ready to retire. They refused to accept a new priest from the archdiocese and hired their own. He said to him it meant that the parish could separate from the archdiocese if they wanted to. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 15, 2003 PAGE 6 Councilmember Barnette said that was a question they could not answer. Ms. Joanne Zmuda, 6051 Fourth Street N.E., said she was heartsick and disappointed that the issue was before them again. Traffic would still be an issue. The safety of the families and elderly in the neighborhood will still be an issue. Overcrowding in the schools would still be an issue. Demands on City services would still be an issue. There would be very little coming back from the project that would help with those problems. The audacity of Catholic Charities and the archdiocese to continue to push the project through was impossible to comprehend. It was obvious the will of the people was not prevailing in this case. For the attorneys of the partnership to take advantage of a little known law, was reprehensible and a slap in the face to the citizens of Fridley. She did not believe the project would be an asset to the neighborhood or that it would not affect their property values. It would be nice if it was offered that Sandee's get together with St. William's and put the project there. She said the plat said "first addition." She asked if there would be a"second addition." Councilmember Wolfe said about the comment that the Sandee's project would be welcome, the neighbors in that area have spoken. Ms. Zmuda said that they would not mind a senior building. She did not have a problem with that. Councilmember Barnette said when he heard about the matter, he felt strongly that the people involved should know about it and it was his intention to table it. The more he thought about it and listened, he did not think anything would change if it was tabled. He thought people had been informed. Some parishioners were in the audience. If anything happened beyond this, it should be taken up between the parish and the archdiocese. From the standpoint of the City, who owned the property and who signed off on the deed was answered. Mayor Lund said there was a motion before Council. Councilmember Barnette asked that it be repeated. Councilmember Billings said it was a motion to adopt an amended resolution. Councilmember Barnette asked if any substantive changes were made. Mayor Lund said there were some terminology changes. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING AYE AND COUNCILMEMBER BARNETTE AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED ON A 3 TO 2 VOTE. 11. INFORMAL STATUS REPORTS. Dr. William Burns said that after the meeting he would like to discuss Tuesday evening hours. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 15. 2003 PAGE 7 ADJOURNMENT: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING WAS ADJOURNED. Respectfully submitted, J�� � .. �,1L��Ci1�".�.., t<� Roberta Sy�'ollms Secretary n �' �� v� �. ' Scott J. Lund Mayor