11/08/2004 - 00026640CITY COUNCIL MEETING
CITY OF FRIDLEY
NOVEMBER 8, 2004
The regular meeting of the Fridley City Council was called to order by Mayor Lund at
7:35 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
MEMBER ABSENT: Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
Jon Haukaas, Public Works Director,
Deb Skogen, City Clerk
Rebecca Brazys, Recording Secretary
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of October 25, 2004
APPROVED.
OLD BUSINESS:
1. Ordinance No. 1198 to Amend the City Code of the City of Fridley,
Minnesota, by Approving the Transfer and Exchange of Certain Parcels of
Land with Brendan M. Klein and Cheryl A. Klein (Ward 2).
Dr. Burns, City Manager, stated this is an exchange of a small parcel between the City
and Brendan and Cheryl Klein, 1419 West Danube Drive. The exchange is being made
to cure an encroachment on Farr Lake Park. A public hearing was held on this matter
FRIDLEY CITY COUNCIL MEETING, NOVEMBER 8, 2004 PAGE 2 OF 8
by the Planning Commission on October 6, 2004. After a brief discussion and no public
opposition, the Planning Commission recommended approval of the land exchange
between the City and the Kleins. The Council approved the first reading of this
ordinance at their October 25, 2004, meeting. Staff recommends Council's approval.
WAIVED THE READING AND ADOPTED ORDINANCE NO. 1198 ON THE SECOND
READING AND ORDERED PUBLICATION.
NEW BUSINESS:
2. Receive Proposals and Award Contract for Design and Construction
Administration Services for the Commons Park Filter Plant Upgrades.
Dr. Burns, City Manager, stated the City received five responses from its request for
proposals. After studying the proposals, staff recommends approval of a contract with
Bonestroo, Rosene, Anderlik & Associates for a not to exceed cost of $152,750.
THIS ITEM WAS REMOVED FROM CONSENT AGENDA AND PLACED ON THE
REGULAR AGENDA.
3. Approve 2004-2005 Winter Snow Removal Policies and Procedures.
Dr. Burns, City Manager, stated the plan identifies equipment and snow plowing
procedures and is also available on the City's website. It establishes that Jeff Jensen,
Street Supervisor, will determine when to call employees for snow removal. Normally
City crews will begin plowing snow after a storm has ended. It also provides for the
initial clearing of collector streets followed by clearing in ten residential districts.
Whenever slippery conditions exist on City streets, the Police Department will notify the
"on-call" person in the street division for the spreading of salt/sand at intersections and
other icy areas. The plowing of collector streets typically takes four to six hours.
Plowing of neighborhood streets takes another six to eight hours. Since specialized
equipment is needed for the clearing of Fridley's eighty-six cul-de-sacs and thirty-five
dead-end streets, clearing of these areas will typically occur toward the end of the
twelve to sixteen hour plowing cycle. As streets are plowed, we will also be plowing
improved alleys and municipal parking lots. While we plow concrete sidewalks, we do
not plow asphalt bikeways.
Beginning November 1 and ending April 1, Dr. Burns explained, all vehicles must be off
City streets between the hours of 2:00 a.m. and 6:00 a.m. Also, all vehicles must be off
City streets whenever snow plowing is necessary. For a major snow storm (over 9" of
snow) a snow emergency plan will be enacted. This means that crews will work in
twelve hour shifts. An initial pass will be made on each street before clearing from curb
to curb. Dr. Burns also pointed out that University Avenue, Highway 65 and I-694 are
the responsibility of the State. Anoka County has responsibility for East River Road, the
44t" Street bridge, Main Street north to 57t" Avenue, 57t" east to University Avenue, 49tn
FRIDLEY CITY COUNCIL MEETING, NOVEMBER 8, 2004 PAGE 3 OF 8
Avenue between Main Street and University Avenue, Mississippi Street, Osborne Road
and Old Central. Staff recommends Council's approval.
APPROVED.
4. Resolution No. 2004-66 for Agency Agreement between the City of Fridley
and the Minnesota Department of Transportation.
Dr. Burns, City Manager, stated this agreement makes it possible for Fridley to receive
federal funds for highway projects that are consistent with the State's Transportation
System Plan. In particular, it will enable us to get federal funding for a portion of the
85t" Avenue bikeway as well as future projects for which the City seeks federal funding.
Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2004-66
5. Resolution No. 2004-67 Approving and Authorizing Signing an Agreement
for Police Officers of the City of Fridley Police Department for the Years
2004 and 2005.
Dr. Burns, City Manager, stated this is a two-year contract covering both 2004 and
2005. It provides for a 3% wage increase in each year of the contract. It also provides
that those assigned to duties as Field Training Officers will receive a minimum of two
hours overtime or compensatory time for overtime worked beyond the normal shift.
Prior to this contract, they had received 1'/ hours for any overtime worked as Field
Training Officers. There are no other changes. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2004-67
6. Approve Agreement for Legal Services between the City of Fridley and
Newquist & Ekstrum, Chartered, and Carl J. Newquist.
Dr. Burns, City Manager, stated this agreement replaces a three-year agreement that
provided $90 an hour for prosecution services. The new agreement also covers three
years and provides for $95 an hour in 2005, $97 an hour in 2006 and $99 an hour in
2007. It also provides for $37 an hour for a law clerk and reimbursement of costs for
subpoena services incurred by the firm. There are no other changes. Staff
recommends Council's approval.
APPROVED.
7. Appointment.
Dr. Burns, City Manager, stated staff recommends the appointment of Julie Jones to the
Planning Coordinator position recently vacated by Paul Bolin upon his appointment as
Assistant HRA Director. Julie has been with the City since January of 1997. Prior to
FRIDLEY CITY COUNCIL MEETING, NOVEMBER 8, 2004 PAGE 4 OF 8
her work in Fridley, she served as environmental planner for the City of Edina. Before
that, Ms. Jones was Housing and Redevelopment Director for the City of Brooklyn Park.
She has a B.S. Degree in Housing from the University of Minnesota. Julie was selected
from among 18 candidates who applied for the position. Staff recommends Council's
approval.
APPROVED.
8. Claims: 118906 — 119113
APPROVED.
9. Licenses.
APPROVED AS SUBMITTED AND AS ON FILE.
10. Estimates.
Approved the following estimates:
Northwest Asphalt, Inc.
1451 Stagecoach Road
Shakopee, MN 55379
2004 Street Improvement
Project No. ST. 2004 — 1
FINAL ESTIMATE ................................................................ $ 17,057.41
Hardrives Inc.
14475 Quiram Drive
Rogers, MN 55374-9461
2003 Street Improvement
Project No. ST. 2003 — 1
FINAL ESTIMATE ................................................................ $ 38,202.05
Natgun Corporation
11 Teal Road
Wakefield, MA 01880
Marian Hills Reservoir Construction
Project No. 356
Estimate No. 2 ...................................................................... $350,887.25
APPROVED.
FRIDLEY CITY COUNCIL MEETING, NOVEMBER 8, 2004 PAGE 5 OF 8
Mayor Wolfe requested that Item 2 be removed from the consent agenda.
MOTION by Councilmember Barnette, seconded by Councilmember Billings, to approve
the consent agenda with the removal of Item 2.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to approve
the agenda with the addition of Item 2.
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.
Don Anderson, 7304 West Circle, commented on remarks made by Mr. Eisenzimmer at
a previous Council meeting and he expressed his support for Mayor Lund and
Councilmember Barnette on their re-election.
PUBLIC HEARING:
11. Consideration of an Application for an On-Sale Intoxicating Liquor License
for Applebee's Neighborhood Grill and Bar Located at 5277 Central Avenue
N.E. (Ward 1).
MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to open the
public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC
HEARING OPEN AT 7:45 PM.
Ms. Skogen, City Clerk, stated this business will be located on the old Ground Round
site. The Ground Round building has been torn down and a new building is currently
under construction. The Public Safety department has reviewed this license request
and found no reason to deny it. Staff provided Applebee's with a copy of the code and,
at this time, Applebee's is not requesting a 2:00 a.m. endorsement. Applebee's plans to
open January 24. The notice of public hearing for this matter was published in the
Fridley Focus on October 28. The final approval of the license request will be
scheduled for the November 22 meeting. The license will be held until staff has the
surety bond, insurance, and certificate of occupancy.
Mel Laughlin, General Manager, and Evelyn Whitson, Area Director, were present to
represent Applebee's.
FRIDLEY CITY COUNCIL MEETING, NOVEMBER 8, 2004 PAGE 6 OF 8
Councilmember Billings asked if this is a franchise operation, how many stores
Applebee's has in the Twin Cities, whether or not there is another Applebee's location
also going up in St. Anthony, what kind of operation this will be and whether or not there
will be entertainment.
Ms. Laughlin responded it is corporately owned and the corporate headquarters are
located in Kansas City. There are a total of 63 Applebee's locations in the state. She
said there currently is a new Applebee's under construction in St. Anthony. She stated
this is a restaurant and bar and there will be no entertainment. They will have four
televisions running, but without sound.
Councilmember Billings pointed out that the City requires there be a ratio between food
and liquor of 40% food and 60% liquor.
Ms. Laughlin stated the grand opening is scheduled for January 24. The restaurant will
seat 169 and will employ 90 people. She stated she has been the general manager for
the Calhoun Square Applebee's for the past year and a half and has worked for
Applebee's for three years.
Councilmember Billings also stated the City requires all managers be licensed. If
management staff changes during the year, they must apply when the change is made,
not at license renewal time.
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to close the
public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC
HEARING CLOSED AT 7:00 PM.
2. Receive Proposals and Award Contract for Design and Construction
Administration Services for the Commons Park Filter Plant Upgrades.
Mayor Lund questioned why staff is recommending this contract be awarded to the high
bidder which came in $18,000 higher than the next bid.
Mr. Haukaas, Public Works Director, explained that staff inet with each firm submitting a
proposal. One of the things they take into consideration is past experience with the
firms. In putting their bid together, they made it clear that the price is a"not to exceed"
quote. On the lower proposal the cost for construction administration is merely an
estimate. He felt more comfortable having a definite cap on the costs. There are a
number of things throughout the proposal that made them come to this recommendation
including the experience level with this type of work and with the City's system.
Mayor Lund asked if there is a requirement that the City take the lowest bid.
FRIDLEY CITY COUNCIL MEETING, NOVEMBER 8, 2004 PAGE 7 OF 8
Mr. Haukaas responded it is not required under a professional services agreement.
This project is a conglomeration of several small projects that needed to be done,
including new chemical feed equipment for the removal of radium to meet new EPA
regulations, replacement or rehabilitation of filter media in all seven of the filter tanks in
that plant, upgrades to the backwash electronics, and upgrades to valves and actuators
which should have been upgraded in 1988. The whole building needs a new roof,
repainting of all piping and equipment. This is another reason staff recommended the
contract go to Bonestroo, Rosene, Anderlik & Associates because they are a full service
firm and can cover all of these different aspects.
Mayor Lund asked if some of the work was necessary because of government
mandates.
Mr. Haukaas explained the primary project is as a result of changes in the EPA
changing radium level requirements for drinking water. The other projects are standard
upgrades. The costs for these projects will come out of the water enterprise fund.
MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to receive the
proposal and award the contract for design and construction administration services for
the Commons Park filter plant upgrades to Bonestroo, Rosene, Anderlik & Associates in
an amount not to exceed $152,750.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
NEW BUSINESS:
12. Informal Status Reports.
Councilmember Billings commented that since moving into Fridley in 1981, there has
been an undertone that somehow the taxpayers of Fridley were not told the truth about
Springbrook. While he voted for the Springbrook referendum, he is very disappointed
because he thought this would be an opportunity to clear the air on this whole issue. He
stated he is very disappointed in the leadership of the Springbrook Nature Center
Foundation. He stated he through this campaign, they have convinced him that the
leadership cannot be trusted and he no longer has respect for the leadership of that
organization. The literature they distributed is filled with lies.
Mayor Lund commented that because of different interpretations, a lot of the comments
may not have been intentionally misleading.
Councilmember Billings stated they specifically led their volunteers down the wrong
path of what to say to people instead of telling the truth.
FRIDLEY CITY COUNCIL MEETING, NOVEMBER 8, 2004 PAGE 8 OF 8
Councilmember Wolfe commented that he feels Council failed miserably in educating
people about the truth of the Springbrook situation. He asked if voters can challenge
the outcome of the vote.
Mr. Knaak, City Attorney, responded that Chapter 5 of the City Charter indicates that to
begin a process to seek to amend this would require a minimum of 10% of the total
number of registered voters.
Mayor Lund, City Attorney, stated there were numerous discussions at Council
meetings regarding this matter so he did not agree that the Council failed to inform the
citizens.
Councilmember Barnette felt the voters have an obligation to find out what the
referendums are about. He also stated it needs to be made clear that this is a City park
and that the City makes decisions on how the park will be used. He added he was
more disappointed in the vote on the utility rate referendum. It is very difficult for a City
to give the facts on an issue and not appear bias.
Councilmember Billings stated again that he is pleased with the outcome of the
Springbrook vote, but disappointed in the manner in which the campaign was run.
Mayor Lund stated the second annual spaghetti dinner fundraiser for the Springbrook
Nature Center Foundation is scheduled for Saturday, November 13, at 6:00 p.m. at St.
William's.
ADJOURN
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 8:20 PM.
Respectfully submitted by,
Rebecca Brazys
Recording Secretary
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Scott J. Lund
Mayor