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10/03/2005 - 00026983CITY COUNCIL MEETING CITY OF FRIDLEY OCTOBER 3, 2005 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:34 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 Wolfe Councilmember Bolkcom MEMBERS ABSENT: Councilmember Billings OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Jon Haukaas, Public Works Director Richard D. Pribyl, Finance Director/Treasurer UPDATE ON STORM CLEANUP: Mr. Haukaas, Public Works Director, stated they are probably about 20 percent done picking up trees and brush throughout the City. The County has cleared their roads. He said they are running two crews of contractors plus their own personnel. They expect to put at least two more crews together with the help of the State and the County. They have had a very successful drop- off site at Columbia Arena for the last two weeks. They are going to try to keep it open one more weekend. Right now they have a crew in the southeast corner of the City, just north of Totino-Grace, a crew in the central part of the City, north of Hayes School, and a crew north of 73rd Avenue. These are some of the hardest hit areas. They expect it will take at least three or more weeks to finish up what they are doing right now. They are moving as fast as they can but it is a slow process. Mayor Lund asked what the policy was for stump grinding and removal. Mr. Haukaas stated if the stumps are removed and placed on the boulevard, they are picking them up. If it is a boulevard tree, and they have identified all of those, the City will come and grind the stump up. For trees in people's yards, the stumps are going to be their responsibility. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 2005 PAGE 2 Mayor Lund asked if the trees had been identified on the right-of-ways and if the City would be back in the spring to remove the stumps, fill the holes and reseed. Mr. Haukaas said they do not believe they will be able to get to all of the stumps this fall. They will have to go back in the spring and, at that point, they will fill the holes with black dirt, reseed, and ask the homeowners to water it. Mayor Lund asked what they are going to do about replacement trees. Mr. Haukaas stated the City will not be replacing any of the boulevard trees. If a resident wants to put in a new tree, they ask that it not be put in the right-of-way. It must be planted on the homeowner's property. They need to keep the right-of-ways clear for safety, utilities, and all other work that goes on. Mayor Lund asked about any damage resulting from the curbside collection. Mr. Haukaas replied they simply cannot go around repairing that. At this point, they are concentrating on picking up the brush. They cannot rake it or clean it up. They are asking the residents to repair their yards. Mayor Lund stated it may be a little harder for the seniors but perhaps the residents and businesses could all pitch in a little bit and help them. Mr. Haukaas mentioned there is a senior program they can contact. Dr. Burns, City Manager, added the program is called, "Chores and More." Councilmember Wolfe stated regarding the stump in his yard, the size is so large, if by some miracle he gets it to the boulevard, should he try and get it to Columbia Arena? Mr. Haukaas replied something that large will probably have to be pieced up. Right now they are still taking some stumps. That could be taken directly up to Anoka County. Councilmember Barnette asked if the Anoka County compost site on Hanson Boulevard is still taking the tree brush, free of charge, from Anoka residents. Mr. Haukaas stated he believed they are charging $10 a load. Right now they are taking brush. They cannot take any building materials. Councilmember Bolkcom asked what residents could do to help. Mr. Haukaas replied the biggest thing is to keep the debris in a clear area. Some people are putting it on their landscaping so it does not harm their grass, but that is even worse on their landscaping because they are using machinery, they are not taking it by hand. The residents could take the smaller stuff up to the drop-off site which is free of charge. The City can still pick up the large stuf£ Keep it as close to the curb as possible but do not put it on the street. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 2005 PAGE 3 Councilmember Bolkcom asked what time the drop-off site at Columbia Arena was open. Mr. Haukaas replied the drop site is open from 8 a.m. to 7 p.m. Residents need to show a driver's license to prove they are a resident. Councilmember Bolkcom stated on Saturday and Sunday they are open until4 p.m. She asked about the Tree Trust. William Burns, City Manager, replied he did not have any information on that at this time. Councilmember Wolfe asked if storm victims would get a break on permits. Mr. Hickok, Community Development Director, replied, no. The process will remain the same for everyone. He said they are not trying to discourage folks from planting trees on their own property. If they are planting around power lines, it would be a good idea to obtain from Xcel a list of recommended trees to plant around power lines, so they only grow to a certain height. PROCLAMATION: Student Foreign Exchange Week October 3-9, 2005 Yuksel Cihangir from Turkey Alfredo Grossi from Chile Piero Marky from Peru Roua Schmitz from Germany APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Approve 2006 Sixty-Day Agency Action Application Deadlines for the Planning Commission and Appeals Commission Meetings. APPROVED. 2. Resolution Directing Preparation of the Assessment Roll for the 2005 Nuisance Abatement. Dr. Burns, City Manager, stated there are assessments for six properties and the total is $4,962.57. Staff is recommending Council's approval. ADOPTED RESOLUTION NO. 2005-48. 3. Resolution Directing Publication of the Hearing on the Proposed Assessment Roll for the 2005 Nuisance Abatement. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 2005 PAGE 4 Dr. Burns, City Manager, stated the hearing is scheduled for October 24, 2005. Staff is recommending Council's approval. ADOPTED RESOLUTION NO. 2005-49. 4. Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for the Street Improvement Project No. ST. 2005-1. Dr. Burns, City Manager, stated this project included 620 properties to be improved in this year's assessments. The total project cost is $2,850,907.83 and $750,402.27 will be assessed. Staff is recommending Council's approval. ADOPTED RESOLUTION NO. 2005-50. 5. Resolution Directing Publication of the Hearing on the Proposed Assessment for the Street Improvement Project No. ST. 2005-1. Dr. Burns, City Manager, stated the hearing is scheduled for October 24, 2005. Staff is recommending Council's approval. ADOPTED RESOLUTION NO. 2005-51. 6. Resolution Appointing Election Judges for the 2005 Special Municipal Election. Dr. Burns, City Manager, stated the term of the judges is two years. A regular judge makes $8.75 and a head judge makes $9.25. Staff is recommending Council's approval. Councilmember Bolkcom asked if you have to reside in the City of Fridley to be an election judge. Mr. Pribyl, Finance Director and Treasurer, replied, yes, you need to be a resident. Councilmember Bolkcom commented Del Jenkins was on the list and he was no longer on a Commission as he had moved to Brooklyn Park. Mr. Pribyl stated they would look into that. Mayor Lund questioned whether the resolution needed to be adjusted and passed at a later date. Mr. Knaak suggested in case there are one or two others that might not qualify, it probably makes just as much sense to pass it the way it is now and if someone does not qualify, they basically just cannot serve. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 2005 PAGE 5 7. Resolution Authorizing a Change in Mileage Reimbursement Rates for the Last Half of the 2005 Calendar Year. Dr. Burns, City Manager, stated the IRS has increased the standard mileage rate from $0.405 to $0.485 cents for mile. Staff is recommending Council's approval. ADOPTED RESOLUTION NO. 2005-53. 8. Resolution Authorizing Signing an Employment Agreement between Certain Employees Represented by Local No. 1986. Dr. Burns, City Manager, stated this is for the Fridley firefighters. This is a new contract for the year 2005 through 2006. Changes to the contract are a transition from a 50-hour work week to a 56-hour work week beginning January 1, 2006. There is an adjustment of annual leave beginning January 1, 2006, in keeping with the adjusted work week In line with that, the firefighters will be allowed to accumulate up to a maximum of 48 hours of compensatory time in lieu of overtime, and they will receive a 3 percent lump sum COLA for 2005 and the same for 2006. The adjustment is the same for non-union employees. Staff is recommending Council's approval. ADOPTED RESOLUTION NO. 2005-54. 9. Resolution Authorizing a Preliminary Agreement for the Replacement of the Traffic Control System on T.H. 65 and Osborne Road. Dr. Burns, City Manager, stated this is an agreement between MnDOT for sharing the cost of replacement of the traffic signal on Highway 65 at Osborne Road. The project is projected for 2008 and is estimated to cost $260,000. The City's share would be $32,500. Staff is recommending Council's approval. ADOPTED RESOLUTION NO. 2005-55. 10. Approve Change Order No. 2 for the 2005 Neighborhood Street Improvement Project No. 2005-1. Dr. Burns, City Manager, stated this is a change order for materials needed during the installation of utilities on Main Street. The net cost of the change order is $5,162.50. Staff is recommending approval. Staff is recommending Council's approval. APPROVED. 11. Appointment — City Employees. Dr. Burns, City Manager, stated James Saefke and Gerald Long are retiring from the Public Works Department after many years of excellent service. Staff is recommending Kory Jorgensen as Water Supervisor. Kory has worked as a public services worker in the water division since FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 2005 PAGE 6 1986. Peter Gunderson has been a public services worker in the streets maintenance division since 1997. Keven Becklin has worked in the parks maintenance division since 1983. All three individuals have performed very reliably and capably. APPOINTMENTS APPROVED. 12. Claims (123483-123566). APPROVED. 13. Licenses. APPROVED AS SUBMITTED AND AS ON FILE. 14. Estimates. APPROVED THE FOLLOWING ESTIMATES: Palda & Sons, Inc. 1462 Dayton Avenue St. Paul, MN 55104 2005 Neighborhood Street Improvement Project No. ST. 2005-1 Estimate No. 5 $336.955.48 MOTION by Councilmember Barnette to approve the consent agenda as presented with the removal of Item 6. 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 approve the agenda with the addition of Item 6. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): There were no comments. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 2005 PAGE 7 PUBLIC HEARINGS: 15. Consideration of an On-Sale Intoxicating Liquor License for B.A.M., Inc., d/b/a Joe DiMaggids, Generally Located at 1298 East Moore Lake Drive (Ward 2). MOTION by Councilmember Wolfe to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 8:04 P.M. Mr. Pribyl, Finance Director, stated the existing business has been acquired by Mr. Raymond J. McManus of B.AM., Inc. The Police Department has reviewed this request, done background checks, and found no reason to deny the request. Staff has provided a copy of the City Code that sets forth the stipulations that go along with the license. Petitioner has also requested a 2 a.m. endorsement. They plan on being open under new ownership on November 1. The notice of public hearing was published for this item in the Fridley Sun Focus on September 22. Final approval for the license is scheduled for October 24. Councilmember Wolfe asked about what types of changes Mr. McManus was making. Mr. McManus replied there will be very minor changes. He stated he and his wife own the Shortstop restaurant in Coon Rapids. The first change they are going to make is put their hamburgers on the menu. Secondly, they are going to do some remodeling. The 2 a.m. endorsement they are asking for is just for Friday and Saturday nights. They have also requested the liquor entertainment license. They have a very good karaoke business at the restaurant. Councilmember Wolfe confirmed with Mr. McManus that staff explained the liquor to food ratio. The City is very strict on that. Mr. McManus replied, yes. Councilmember Wolfe commented he has always been very loyal to DiMaggio's since they opened. He thinks they have a wonderful site. He wished them good luck. Mr. McManus stated they will definitely try. Councilmember Barnette asked if they are going to be changing the name. Mr. McManus stated he has agreed with George to give it six months, to see what they come up with. MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 2005 PAGE 8 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 8:11 P.M. 16. Consideration of an On-Sale Intoxicating Liquor License for Sandee's of Fridley, LLC, d/b/a Sandee's Cafe, Generally Located at 6490 Central Avenue N.E. (Ward 2). MOTION by Councilmember Wolfe to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 8:11 P.M. Mr. Pribyl, Finance Director, stated the building located at 6490 Central Avenue NE has been acquired by David W. Reimer. Sandee's will be part of the Town Center Development project. The Police Department has reviewed the request, done background checks, and found no reason to deny this request. Staff has provided a copy of the City Code that sets forth the stipulations that go along with a liquor license which includes the liquor ratios. They have also requested a 2 a.m. endorsement on this license. They plan to open the restaurant on November 1. The notice of public hearing was published in the Fridley Sun Focus on September 22, 2005. Final approval of the license is scheduled for October 24, 2005. Councilmember Wolfe reminded petitioners that staff has made it very clear about the liquor ratio. He asked if they plan big changes to the restaurant. Mr. Reimer replied remodeling of the restaurant will take place down the road. They will be submitting the plans as they need to. Councilmember Wolfe commented it has been a good place for a lot of years and he hopes they can keep up the tradition. He said he thought they were going to get a lot of customers when the buildings were built. He asked if they had any idea when they were going to be built. Mr. Reimer said they will hopefully start building this fall. They are in the process of getting the final bids in now. Councilmember Bolkcom asked if they were going to make any changes to the menu. Mr. Reimer replied the menu will change a little bit. They also own the River Inn in Monticello, and they will have their chefs come down and take a look at what they have. They are in the process of making sure that they keep the things that everybody likes. They are going to have a few of their specialty items from their other restaurant. They will have a pretty varied menu. It will be a nice place to come to. Councilmember Barnette stated Sandee's is probably the first establishment in Fridley and asked if they were going to keep the name. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 2005 PAGE 9 Mr. Reimer replied it will stay the same. It will stay Sandee's. Councilmember Barnette asked when the actual construction was going to start. Mr. Reimer stated they are hoping to start the construction of the senior building within 60 days. They are trying to break ground before it is frozen. Councilmember Barnette asked about a completion date. Mr. Reimer replied it would probably be about 11 months. Dr. Burns, City Manager, asked Mr. Hickok if there was a predicted date for the final plat. Mr. Hickok, Community Development Director, stated they have not had a chance to discuss this. Mr. Reimer stated they are waiting to hear from the County. Mr. Hickok stated one thing people were asking about is Tamarisk. Mr. Reimer stated they are not including that. They are moving them. Mayor Lund commented that his understanding was, way back when they first brought forth the development that Sandee's was going to be remodeled, there was going to be some significant changes, the Tamarisk was going to be removed, not destroyed, and the parking lot was going to be changed. Mr. Larson replied the first thing they will be doing is probably remove the Tamarisk building to a different location. They do not know exactly where. At one time they had a purchaser, but they are no longer interested. Mr. Larson added the Tamarisk building will be moved to a new site. Mayor Lund asked Mr. Larson what was his association with Town Center was and if he was going to be the manager of Sandee's. Mr. Larson replied he is just a partner in Town Center. He and Mr. Reimer are partners in the development and building site. Mr. Hickok stated typically the final plat does not require its own public hearing, and they are going to bring it back for a public hearing because of the introduction of Tamarisk as one of the unit owners there. They might ask Council if they want that to be a public hearing or come back as a standard plat application. Council replied they did not think that was necessary since it was no longer an issue. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 2005 PAGE 10 Mayor Lund stated if it comes back being an issue where Tamarisk wants to be located in the senior building or if there was a significant change that people might take an exception to, they could have it come back as a public hearing. Mr. Reimer stated Tamarisk has requested not to be in the building. In fact, they moved them to their new location across the street. Councilmember Bolkcom said they wanted to make sure petitioner was aware that any actual managers had to obtain a license from the City. MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 8:22 P.M. NEW BUSINESS: 17. First Reading of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to Temporary Outdoor Storage Containers (Zoning Text Amendment, ZTA #05-01, by the City of Fridley). Mr. Hickok, Community Development Director, stated this is a zoning te�t amendment to allow commercial businesses the ability to temporarily store seasonal merchandise outside in containers, provided the business can insert screening that meets requirements. The Planning Commission held their public hearing on September 7, 2005. No one appeared from the public for or against the proposal. The motion to approve was unanimous from the Planning Commission. The City Council held its hearing on September 26, 2005, and again no public attended to comment. Staff recommends approval with proposed additional language in the outside storage section of C-2 and C-3 code sections. Staff further recommends using a newly- created permit application form. The zoning te�t amendment will come back on October 24 for second reading if passed. Mayor Lund recalled the previous discussion of architecturally-compatible screening. What if that was a large shrub or a series of shrubs? Mr. Hickok replied in some situations, landscape would be the best screening solutions. That would certainly be compatible if landscaping happens to be what is around it already. If it is a situation where it is surrounded by parking or asphalt, they may have a screening device that snaps into place that allows them to screen it while it is there. Each location will probably somewhat prescribe how the screening would work. Mayor Lund stated it should protect the surrounding neighborhoods. Mr. Hickok replied this should not be an imposition for adjacent properties or businesses. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 2005 PAGE 11 MOTION by Councilmember Barnette to waive the reading and approve the first reading of this ordinance. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 18. First Reading of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to Commercial Parking Stall Requirements (Zoning Text Amendment, ZTA #05-02, by the City of Fridley). Mr. Hickok, Community Development Director, stated the purpose of this zoning te�t amendment is to reduce the amount of parking stalls required for commercial development. It would reduce the environmental impact of unnecessary parking areas while still assuring adequate parking space for a business. This would also keep Fridley's parking requirements conforming to other communities. The parking stall ratio will be changed to 1 per 250 square feet which is a 4 per 1,000 square feet in G1, C-2, and C-3 sections of the Zoning Code. They would remove the optional speculative ratio of 1 to 200 square feet. and also remove the office ratio of 1 to 250 square feet. This simplifies the ordinance and makes it a 4 to 1,000 square feet ratio for retail use, the speculative multi-tenant uses, and also office uses. The parking stall width is not anticipated to change as part of this amendment. The Planning Commission held a public hearing on September 7. No one appeared from the public to speak about this amendment. The motion to approve this zoning te�t amendment was passed unanimously. Council held a public hearing on September 26, 2005, and no public comment was received. Staff recommends approval of the first reading of this ordinance. Councilmember Barnette recalled from the last meeting, the majority of the cities were at 9-foot parking stalls and we were the only City at 10 feet. Mr. Hickok replied there are actually a couple of communities in the metro area that have the 10-foot stalls. The ratio being in proportion with where other communities' industrial or commercial entities are at is probably a far greater deal than adjusting stall dimension. At a 4 to 1,000 ratio, we are reducing the asphalt surface area but the spaces are large enough so people can get in and out with large bags. MOTION by Councilmember Barnette to waive the first reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. Resolution Appointing Election Judges for the 2005 Special Municipal Election. MOTION by Councilmember Bolkcom to adopt Resolution 2005-52. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 2005 PAGE 12 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Pribyl, Finance Director, stated he has been able to contact the City Clerk. He stated that two years ago there was a law change which allowed election judges to be registered voters within the State of Minnesota. They had the applicants for election judges fill out an application. When it was received in September, the address on the application was 141 Christianson Court NE. Councilmember Bolkcom asked if the City Charter required that they had to be a resident of the City. Mr. Pribyl stated yes, but the Charter is more restrictive than State statute. Mr. Knaak stated normally the State statutes supersede the Charter, but in election law, you are allowed to have a more restricted standard. So in this particular instance, the Charter does have a requirement that the election judge does have to actually live in that precinct. Mayor Lund stated the amended motion requires a judge to be a resident of the City of Fridley. He asked whether the Charter says the same thing, or if they have to be a resident of the precinct. Mr. Knaak stated the Charter actually indicates two voters of each voting precinct to be judges of the election therein; a registered voter in the same precinct as the head judge. In any event, he anticipated that would be the case. Councilmember Bolkcom stated she believes it is saying the chief judges have to be in the precinct but do not have to reside in the City of Fridley. Mr. Knaak read Section 4.05 from the City Charter which stated, "The City Council shall at least 25 days before each municipal election appoint two registered voters of each voting precinct to be judges of elections therein and one registered voter of the same precinct to be head judge of election, or as many more or less as may be determined by the Council." Mayor Lund stated the amendment should reiterate what the Charter says. Mr. Knaak stated the judges need to be registered voters in their voting precinct. MOTION by Councilmember Bolkcom to adopt Resolution No. 2005-52 according to the provisions of Section 4.05 of the City Charter. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 2005 PAGE 13 19. Informal Status Reports Councilmember Bolkcom stated there is a Fire Department open house on Saturday. It is also Recycling Day. Mayor Lund stated Pumpkin Night in the Park will be held at the Springbrook Nature Center on October 22. Dr. Burns mentioned the City newsletter will be mailed soon. MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 8:42 P.M. Respectfully submitted by, Denise M. Johnson Recording Secretary ������ Scott J. Lund Mayor