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05/24/2004 - 00026552CITY OF FRIDLEY CITY COUNCIL MEETING MAY 24, 2004 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: Mayor Lund, Councilmember-at-Large Barnette, Councilmember Billings, Councilmember Wolfe and Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Scott Hickok, Community Development Director Richard Pribyl, Finance Director Deb Skogen, City Clerk Fritz Knaak, City Attorney Rebecca Brazys, Recording Secretary Don Findell, Charter Commission Member William Holm, Charter Commission Member Peter Borman, Charter Commission Member Tom Heck, Charter Commission Member Nancy Jorgenson, Charter Commission Member APPROVAL OF THE PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of April 26, 2004 Special City Council Meeting of May 17, 2004 Approved. NEW BUSINESS: 1. Receive the minutes from the Planning Commission meeting of May 5, 2004. Received. FRIDLEY CITY COUNCIL MEETING, MAY 24, 2004 Page 2 of 8 2. Preliminary Plat Request, PS #04-02, by John and Sandra Capretz, to divide one single family lot into two single family lots, generally located at 7335 East River Road NE (Ward 3). Dr. Burns, City Manager, stated the petitioners are seeking to replat their property into two single-family lots. The Planning Commission held a public hearing on May 5, 2004, and approved the plat request by a unanimous vote, subject to 12 stipulations. Staff recommends Council's approval. Approved Preliminary Plat Request #04-02, by John and Sandra Capretz, with the following 12 stipulations: 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1,500 park fee prior to issuance of building permits. 3. Property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building 4. 5. 6. 7. 8. 9. 10. 11. 12. permit. Property owner of record at time of building permit application shall obtain a permit from Anoka County for any work done within the county right of way. Petitioner to properly maintain Lot #1 until sale occurs. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. Petitioner shall provide easements as shown on preliminary plat drawing. Grading and drainage plan to be approved by City's engineering staff prior to issuance of any building permits, in order to minimize impacts to the surrounding properties. Each property shall have their own access onto East River Road, defined and separated with B6-18 curb drops and aprons. Access to Lots 1 and 2 shall be made within 30 feet of their common property lines. Property owner of record at time of building permit application to obtain residential access permit from Anoka County Highway Department for the new access to Lot 1. Each property shall be accessed through proper, legal driveways. 3. Preliminary Plat Request, PS #04-03 Inc., to allow the construction of a located at 5542 Fifth Street NE (Ward by Jay Windschitl, Tradition Homes, four-plex on the property, generally 1). Dr. Burns, City Manager, stated the petitioner wants to create five lots from three lots and a portion of a fourth lot. The Planning Commission held a public hearing FRIDLEY CITY COUNCIL MEETING, MAY 24, 2004 4. 5. Page3of8 at their May 5, 2004, meeting and granted their unanimous approval, subject to 11 stipulations. Staff recommends Council's approval. Approved Preliminary Plat Request PS #04-03 for Jay Windschitl, Tradition Homes, Inc., with the following 11 stipulations: 1. The final landscape plan shall meet code requirements for number of and size of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. All landscaped areas shall have irrigation installed. 3. Brick on building elevations shall be extended up to the banding element above the garages (shown on submitted elevations). 4. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 5. A utility plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 6. Individual services will be required for each unit. 7. Petitioner shall provide easements as shown on preliminary plat. 8. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 9. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 10. Association documents to be filed with final plat. 11. A Development Agreement outlining the developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to final plat approval. Resolution No. 2004-31 Authorizing final changes in appropriations for the general fund, special revenue funds and capital improvement fund for the year ended 2003. Dr. Burns, City Manager, stated the line items in the resolution represent final revenue and expenditure adjustments necessary to bring the 2003 budget in alignment with actual revenues and expenditures. Staff recommends Council's approval. Adopted Resolution No. 2004-31. Resolution No. 2004-32 in support of an application for a Minnesota Lawful Gambling Premise permit for the Church of the Immaculate Conception (Knights of Columbus, 6831 Highway 65 NE) (Ward 2). Dr. Burns, City Manager, stated this is a renewal application that would run from July 1, 2004, to June 30, 2006. Staff recommends Council's approval. FRIDLEY CITY COUNCIL MEETING, MAY 24, 2004 Page 4 of 8 Adopted Resolution No. 2004-32. 6. Appointment — City Employees. Dr. Burns, City Manager, stated staff is recommending the appointment of Rebecca Brazys to the position of Licensing and Records Technician. Rebecca has been serving as Council Secretary and will continue in that role as well as in the role of full-time employee. Prior to coming to Fridley, Rebecca worked as an executive secretary for Scherer Brothers Lumber and Old Home Foods. She also worked for Porter County, Indiana, as an administrative assistant and secretary for ten years. Rebecca holds an Administrative Staff Certificate from the Carlson School of Management at the University of Minnesota. Approved the appointment of Rebecca Brazys to the position of Licensing and Records Technician. Dr. Burns, City Manager, stated staff recommends the appointment of Gina Saucedo to the position of Fridley Police Officer that was vacated by the promotion of Jim Mork to Sergeant. Gina graduated from St. Paul Central High School in 1990. After high school, she attended cosmetology school and became a certified cosmetologist. She developed an interest in law enforcement and began taking law enforcement classes in 1997. She graduated from North Hennepin Community College with a degree in Law Enforcement in 2000. After completion of police skills training in St. Paul, she worked as a security officer for American Security and as an Office Technician and CSO for the City of Robbinsdale. In 2003, Gina began working as a licensed police officer for the Mille Lacs Tribal Police Department. Approved the appointment of Gina Saucededo to the position of Fridley Police Officer. 7. Claims. Approved Claim Nos. 116537 through 116728. 8. Licenses. Approved the licenses as submitted and as on file. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to approve the consent agenda as presented. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING, MAY 24, 2004 Page 5 of 8 ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to approve the agenda as presented. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. OPEN FORUM (VISITORS): Consideration of items not on the agenda — 15 minutes. Peter Eisenzimmer, 6535 Oakley Drive N.E., questioned why there was a Council meeting held on May 17 when the Council indicated at its April 26 meeting that there would be no more Council meetings until May 24. Mayor Lund explained the May 10 Council meeting was cancelled due to a lack of business. A meeting was posted for May 17 to give the Council the opportunity to approve claims. That was the only business discussed at that very brief ineeting. Derick Jones stated he deejays at Sharx Nightclub, but because this club is located in Fridley, it is difficult to compete with nearby Minneapolis clubs that are allowed to stay open to the later hour of 2:00 a.m. He wanted to express his support for the 2:00 a.m. closing. Mayor Lund stated the Council did meet with some of the bar owners earlier this evening at an advertised conference session. The Council is considering this matter. Councilmember Bolkcom stated once staff has time to make some ordinance changes, the information will be shared with all Fridley establishments that have a liquor license. PUBLIC HEARING: 9. Consideration of an ordinance amending Section 7.02, Power of Taxation, of the Fridley City Charter (continued April 26, 2004). MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to remove this matter from the table. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously to open the public hearing at 7:40 p.m. Mr. Pribyl, Finance Director, commented that the publication for this hearing ran twice; May 6 and May 13. Don Findell, 6850 Siverts Lane N.E., Charter Commission member, stated he does not have a formal presentation. He said they are simply trying to amend the charter so that FRIDLEY CITY COUNCIL MEETING, MAY 24, 2004 Page 6 of 8 utilities will be removed from Section 7.03 and Council has the ability to raise utility fees without going back to the voters. Peter Eisenzimmer, 6535 Oakley Drive N.E., stated that he believes any rate increases should be brought back to the voters. He is concerned that costs will continue to go up each year. Bill Holm, 7424 Melody Drive N.E., Charter Commission Member, stated it is critical that the City be able to run its utilities as a business. Like Xcel Energy and Minnegasco, the City needs to provide services and should not be subsidizing this at the expense of other City services. The only difference between this proposal and private utilities is that the City just wants to break even, not to make a profit. Going through an election process is very cumbersome for running a business when you have rate increases that come at times that are not convenient for elections. If the voters do not fully understand the issue and turn it down, the City runs the risk of placing other critical services in jeopardy, such as fire, police, or street maintenance. This amendment is entirely in order. It is not inconsistent with what was approved by voters in the 2000 referendum because there was no reference to utilities being included in those restrictions. Scott Heck, 6032 — 2'/ Street N.E., Charter Commission member, commented this matter was not approved by a unanimous vote of the Charter Commission. Also, the City staff brought this matter to the Charter Commission. Peter Borman, 120 River Edge Way N.E., Charter Commission member, stated he agrees that the City is doing a good job maintaining appropriate charges for services. He is in favor of changing the Charter to allow the City to do the job they are supposed to do. This amendment allows the City to pass costs on to the citizens for fees over which they have no control. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to close the public hearing. Upon a voice vote all voting aye, Mayor Lund declared the public hearing closed at 7:55 p. m. OLD BUSINESS: 10. First reading of an ordinance amending Section 7.02, Power of Taxation of the Fridley City Charter (tabled April 26, 2004). MOTION by Councilmember, seconded by Councilmember Wolfe, to remove this from the table. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING, MAY 24, 2004 Page 7 of 8 Councilmember Billings stated it has been suggested that the Council not vote on this but should send it to the voters for approval. It is his understanding that the Charter Commission by a majority vote can make recommendations to the City Council. If the Charter Commission wishes to take it to the voters, they need to have a full compliment of Charter Commission members. He asked if the Charter Commission would have a full compliment of inembers. Mr. Findell replied that the Charter Commission researched the procedure and determined that the Charter Commission meetings require a quorum, 7 of the 15 members, and only a majority of the members voting is required to move a matter on to the next step. Councilmember Billings asked if the City Council has the option of referring it to the voters. He said it is his understanding that the only action the Council can take is to act on the amendment before them and that it requires a unanimous vote for approval. Mr. Heck stated the Charter Commission will have a full compliment of inembers but there would not be time for them to meet before the upcoming elections. Deb Skogen, City Clerk, said she contacted the League of Minnesota Cities to see how the Charter Commission could amend an ordinance if the Council does not adopt a first reading. She explained the Charter Commission can amend the ordinance similar to that of bringing in a new charter. A majority of their members can vote and it does not have to be a unanimous vote. They would present a certificate to the City Clerk stating they would like to see the matter placed on the November ballot for the next general election. She would then present it to the City Council which would determine whether or not it would go to the electorate. There are four different ways the Council can amend the charter: 1. Charter Commission can recommend an ordinance amendment to the City Council as is being done tonight. 2. 5% of the voters can have a petition group, which is what happened in 2000. 3. The Charter Commission themselves can recommend an amendment. 4 The City Council can recommend that the Charter Commission look at an amendment and bring it back to the City Council. Ms. Skogen said if the Council chooses not to adopt the first reading, the Charter Commission can recommend an amendment and that would have to be presented to the County by August 20, 2004. If the Council adopted this ordinance and a valid petition was considered, they have 60 days from the date of publication to get enough signatures. The Charter Commission has no regular meetings during the summer, but based on what occurs at this meeting, they may reconvene and call a special meeting if necessary. FRIDLEY CITY COUNCIL MEETING, MAY 24, 2004 Page 8 of 8 Mr. Knaak, City Attorney, explained that Ms. Skogen correctly stated the options available to the Council this evening, which is either to accept or reject the proposal brought by the Charter Commission. If the Council members do not all vote to approve, it would be rejected and the matter would return to the Charter Commission. Nancy Jorgenson, 5730 Polk Street N.E., Charter Commission member, stated one of her concerns related to this amendment is that it will not go before the electorate. The Charter Commission prepared an alternate amendment in the event they did not pass the proposed amendment or if 252 registered voters decide to rescind the ordinance. If a valid petition does come forward to revoke the ordinance, it could still be on the ballot in November so utility rates could be raised to pay for the increased costs. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to approve Ordinance amending Section 7.02, Power of Taxation of the Fridley City Charter as presented. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. NEW BUSINESS: 11. Informal Status Reports. Mayor Lund stated that Fridley `49er Days will take place June 16 through 20. ADJOURN: MOTION by Councilmember Barnette, seconded by Councilmember Wolfe to adjourn. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously, and the Fridley City Council meeting adjourned at 8:10 p.m. Respectfully submitted, ������ Rebecca Brazys Scott J. Lund Recording Secretary Mayor