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01/22/2007 - 00028955CITY COUNCIL MEETING CITY OF FRIDLEY JANUARY 22, 2007 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:32 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 Varichak Councilmember Saefke Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Richard Pribyl, Finance Director/Treasurer Fritz Knaak, City Attorney John Berg, Fire Chief Jon Haukaas, Public Works Director APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. NEW BUSINESS: 1. Resolution Receiving Final Plans and Specifications and Ordering Advertisement for Bids: 2007 Neighborhood Street Improvement Project No. ST. 2007 — 1. William Burns, City Manager, stated this project is generally located in the west side of Melody Manor and in an area southwest of Fridley High School. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2007-08. 2. Resolution to Adopt the Anoka County Multi-Jurisdictional Hazard Mitigation Plan. William Burns, City Manager, stated this is a document required by the federal government as a prerequisite for hazard mitigation funding. The plan was prepared and completed in May of FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 2007 PAGE 2 2006 and approved by the Department of Homeland Security. The plan describes the most significant natural and man-made hazards that could impact Anoka County. Fridley portion of the plan indicates the need to address potential flooding problems on City streets as well as to train City personnel in the use of 800 MHz communications equipment. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2007-09. 3. Resolution Adopting Revised 2007 Emergency Operations Plan. William Burns, City Manager, stated the Fridley Police Department has completed its four- year review and update of Fridley's Emergency Operations Plan. The plan meets federal and state guidelines and has been approved by both the Anoka County Emergency Preparedness Manager and the Minnesota Department of Public Safety. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2007-10. 4. Resolution Authorizing Changes in Appropriations for the 2006 Budget for November through December, 2006. William Burns, City Manager, stated the changes include $9,921 in General Fund appropriations. These are all offset by various grants and donations. There is also a Solid Waste Abatement Fund appropriation of $100,000. This is the amount needed to cover the accumulated shortfall for this program. The money was transferred from the "Closed Bond Fund." There were also Capital Improvements Fund adjustments for the Fire Department's garage door modifications ($45,000) and for the City's share of signal improvements at University Avenue and Osborne Road ($13,759). Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA 5. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for the Northeast Lions Club at Baggan's Pub located at 3720 East River Road N.E. (Ward 3). William Burns, City Manager, stated that this group conducts charitable gambling at five locations in Minneapolis, Robbinsdale, and St. Anthony. We have good reports on them from the Minnesota Gambling Control Board and the Minneapolis Police Department. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2007-12. FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 2007 PAGE 3 6. Approve Agreement between the City of Fridley and the Fridley'49er Days, Inc. William Burns, City Manager, stated that this is a renewal of the agreement for use of a City vehicle to pull the Fridley '49er Days float in area parades. Staff recommends Council's approval. APPROVED. 7. Motion to approve Pay Equity Compliance Report. William Burns, City Manager, stated that this is a report that must be updated every three years under the requirements of the Minnesota Pay Equity Act of 1984. The intent of the report is to demonstrate that female-dominated classes of employment are not paid disproportionately less than male-dominated classes. In October, Council adopted the City's revised compensation plan, which, among other things, addressed pay equity issues. The Pay Equity Implementation Report indicates that Fridley has an "under payment ratio" of 92.1%. This means that female-dominated classes are paid at the rate of 92.1% of male dominated classes, an amount that is well above the 80% required by State law. The report also shows that the salary range for female-dominated classes is 94.6% of male-dominated classes. Also, since only 2.6% of our male-dominated classes receive "exceptional service pay," we are well below the 20% level allowed by the State. The only exceptional service pay is the longevity pay that we provide for police patrol. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA 8. Claims (130131-130326). APPROVED. 9. Licenses APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. MOTION by Councilmember Barnette to approve the consent agenda as presented with the removal of the minutes from the January 8, 2007, City Council meeting and Items 4 and 7. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda with the addition of the minutes from the City Council meeting of January 8, 2007, and Items 4 and 7. Seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 2007 PAGE 4 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC SERVICE ANNOUNCEMENT: John Crelly, Assistant Fire Chief, presented an overview of the new aerial fire truck The new truck was built by Crimson Fire in three phases. In Phase 1, the truck and chasse were built in Charlotte Michigan. Phase 2 included building and assembly of the ladder, and the ladder was mounted, tested and certified in Lancaster, Pennsylvania. Phase 3 involved the final assembly of the truck which included mounting the fire pump, water tank, generator, cabinets, painting, wiring, etc., in Brandon, South Dakota. The main features and benefits of the new aerial truck were discussed. With this new truck, the firefighters can arrive at a fire and be at the fifth level of a building putting out a fire in about 5 minutes after arrival. Mr. Crelly said that it has been a long process to obtain this fire truck The total cost was $766,755. The City was able to purchase the truck with the help of a$450,000 grant from the U. S. Department of Homeland Security and Office of Domestic Preparedness. Cummins Power Generation donated the hydraulic generator set. Councilmember Bolkcom asked why this new aerial truck was needed. Mr. Crelly answered that to respond to a fire, the department used to have to take two trucks and two fire crews. With the new truck, only one truck needs to go out on a call. This is an effective unit to do the job, and it will allow the firefighters to work smarter and better. Councilmember Bolkcom asked if there was an additional cost to make modifications to the garage to fit the new truck. Mr. Crelly said there was. They knew it would be close. It cost $30,000 to renovate the door opening. Councilmember Saefke commented that the new truck provides more safety for the firefighters. With the old truck, firefighters had to e�tend the ladder and then climb to the top. With the new truck, the equipment raises with the firefighter in the bucket. Mr. Crelly agreed that the new truck does have the lu�ury of safety. The new truck can take the firefighter right up to a window in the bucket for a rescue or to put out a fire. Councilmember Saefke commented that members of the Council were able to ride up in the bucket. There is even an air supply in the bucket so the firefighters do not have to carry tanks on their backs. This is really something for the City to be proud of. OPEN FORUM (VISITORS): Richard Wolfe, 960 Hathaway Lane, stated the Holiday Gas Station near Moore Lake has received complaints that the speakers are too loud. This Holiday is a pre-pay only gas station FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 2007 PAGE 5 and he feels he is responsible for the speakers because he fought to get them turned on. The speakers have been tested and they are not too loud. Maybe on occasion an attendant may speak too loud into the microphone or yell, but have been instructed to just talk into the microphone. City staff and the police have been on the site and have listened and could barely hear the voices on the speakers when standing back by the fence. Holiday offers a great service and is trying to make it work The station has eight pages of signatures supporting this service. The speakers are only used when someone does not realize this is a prepay station. At that point, the attendant talks into the speaker and asks the customer to come in and prepay for their gas. The station does have a note on the speakers not to touch the volume and they are trying not to violate the noise laws of the City. Mayor Lund said he talked to the person who filed the complaint and understood that this is not an issue at this time. Periodically staff will stop in to check on the speaker levels. Holiday was advised to keep the volume down and alert any new attendants at the station of the rules. Mr. Wolfe commented that there are a lot of stipulations on this station's special use permit. They are not open 24 hours. They close at 11:00 p.m. Darrel Klein, 6679 Arthur Street N.E., stated three years ago the City built an asphalt walkway/bikeway from the south end of Moore Lake, past Sandy's and Medtronic to a concrete sidewalk at Osborne Road. Last spring he called the City to see if they could get the walkway plowed. People walk on the road and it is dangerous. When he called the City, they said it was a County problem. He called the County who said it was a City problem. Three weeks ago it snowed, and the City said they did not have the time and were not expected to plow the walkway. People walk on the street. It is dark out and they have dark clothing on. It is dangerous. He was looking for an answer as to why they could not plow this walkway. Jon Haukaas, Public Works Director, stated that it is an equipment and personnel problem. The equipment needed to plow this path would cost about $80,000 not including the staff time to plow it. When it snows, there is no e�tra staff on hand. If the snow is not plowed right away, it is difficult to plow because the ne�t day it is frozen to the ground and hard to get at. Also people along the path shovel their driveways and complain because snow gets pushed into their driveway from the plow. Currently the City has about 12 miles of walkways and bike paths and the City cannot maintain them all. Councilmember Bolkcom commented that East River Road is another area that people have wanted plowed. Mayor Lund said it would be nice to have it done. Currently, the areas that are used the most are plowed. Mr. Haukaas added that the reason the concrete walks are plowed is because they are ne�t to the schools and they are plowed for safety reasons. Dr. Burns, City Manager, added that this was a question on the citizen survey a few years back and there was no support to spend additional money on plowing the walkways and bike paths. FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 2007 PAGE 6 Mayor Lund commented on the concerns the citizens brought up at the last council meeting regarding the Comprehensive Plan. Staff is currently reviewing the information and updating the Comprehensive Plan which will be completed by March of 2007. At the same time the City is reviewing the current plan, a consultant, Jon Carpenter, will be updating the necessary demographic data. This work should also be completed by March of 2007. The ne�t section of the Comprehensive Plan will be a cross section from residents and community interests in reviewing all aspects of the Comprehensive Plan. The public part of the review will be accomplished in the Spring/Summer of 2007. The public input is hoped to be completed by the end of August 2007. The meetings will be advertised in the Focus, on cable and in the City's newsletter. In November, 2007, Council will review the plan and ask again for public input. Council will be conducting its review of the plan in January, 2008. Thereafter it will be submitted to the Metropolitan Council for their review and approval. If all goes well, we expect their approval by September of 2008. This is just a rough timetable. There will be a lot of opportunities for residents to give their input to the Comprehensive Plan and the meeting times will be published. Councilmember Barnette stated a lot of people criticize the Comprehensive Plan and say they did not know about the hearings. The City is making every effort to tell people about the meetings that are coming up regarding the Comprehensive Plan. The City wants input from the residents. Councilmember Bolkcom said that citizens may say they were never notified about the hearing and knew nothing about the Comprehensive Plan, but every resident receives a letter regarding this plan. The City is inviting people to come to the meetings. NEW BUSINESS: 10. First reading of an ordinance amending Chapters 11 and 108 of the Fridley City Code Pertaining to Fees and Open Burning. John Berg, Fire Chief, stated that this ordinance is requested for three basic reasons. First of al, the City does not have a permit process for open burning. The Fire Department allows fires for the purpose of removing vegetation, like prairie grass at Springbrook Nature Center or Medtronic World Headquarters, but we do not have an application process that allows the Fire Department to review the conditions or make recommendations. Secondly, the Minnesota State Statutes and the Fire Code do not prohibit open burning of vegetation. Currently any resident of the City could burn leaves or other vegetation in a burner or on the ground if there is three inches of snow. Third, the Minnesota State Fire Code is not as restrictive as the rules that are published by the Fridley Fire Department. There is no legislation to back the Fire Department rules that are published. The City will benefit from the ordinance by having a permit process for open burning that allows the Fire Department to review and give input on burn plans and to have the ability to monitor burns and have published rules for shutting down a burn if necessary. Given a suburban setting, it is in the public's best interest to prohibit the burning of vegetation. By adopting this ordinance, the Fire Department will be able to enforce the rules that have been encouraged and practiced in the past. In addition, some new rules have been recommended and incorporated into the ordinance. These rules are practiced in other communities and include restrictions on FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 2007 PAGE 7 burning during air quality alerts as recommended by the Minnesota Pollution Control Agency and restrictions during burning bans as recommended by the Minnesota Department of Natural Resources. Recreational fires would be restricted between the hours of 1:00 a.m. and 9:00 a.m. in the interest of neighbors in the community. Also the minimum distance from a fire to combustibles will be reduced from 25' to 15' when fires are contained in approved fire places. Staff's recommendation is to approve the first reading of the ordinance. Councilmember Bolkcom asked if the burning fee would apply only to someone burning a wild grass fire but not to someone who had a fire in their back yard 3' wide by 2' high. Chief Berg answered that is correct. No permit would be needed for a recreational fire. Councilmember Bolkcom asked how they dealt with the complaints that are received regarding recreational fires when neighbors complain they cannot open their windows because of the smoke. Chief Berg did not expect this to reduce the number of complaints, but they can enforce the times the burning is allowed. It is not allowed between 1:00 a.m. and 9:00 a.m. Councilmember Bolkcom stated that if someone were to call 911 if a neighbor was burning leaves or construction material it would be means for a ticket, and it is well defined in this ordinance. Chief Berg answered that is correct. Councilmember Barnette asked if it was okay to burn leaves in a fire pit during the appropriate hours. Chief Berg answered no, you could not do so this under this ordinance. Only clean wood or charcoal would be allowed in recreational fires. Mayor Lund asked if a police officer had the authority to stop someone from burning a fire. Chief Berg answered that with the permit for burning, the fire would be monitored by the Fire Marshall. If the rules are not followed, the permit could be revoked and a citation could be issued by the Fire or Police Departments. Councilmember Varichak asked if a fine would be issued with the citation. Chief Berg responded that there could be a fine of up to $1,000 or 90 days in jail. Councilmember Bolkcom asked if the fine only relates to burning and not recreational fires. Chief Berg answered that with any ordinance, the resident could get a ticket if in violation of any part of the ordinance. FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 2007 PAGE 8 MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA ITEMS REMOVED: Approval of Minutes from City Council Meeting of January 8, 2007. Councilmember Saefke asked that the following corrections be made: Page 8, third paragraph, change the date from December 26 to February 26 Page 12 change number 5 from additional to addition. Page 15 change number 5 from additional to addition. Councilmember Bolkcom asked that a correction be made on page 4 to change the League of Minnesota's delegate from Mayor Lund to Councilmember Bolkcom. MOTION by Councilmember Saefke to approve the minutes with the above corrections. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Resolution Authorizing Changes in Appropriations for the 2006 Budget for November through December, 2006. Councilmember Bolkcom asked about the $5,000 Senior Holiday Lunch line item. Richard Pribyl, Finance Director/Treasurer, answered that this is the donation provided by the Fridley Lions Club regarding the holiday lunch. The Lions Club donated this meal and at the time of the budget, we did not have the funding for this lunch. Councilmember Bolkcom asked if it was a line item in the City's budget. Mr. Pribyl said it was. MOTION by Councilmember Bolkcom to adopt Resolution No. 2007-11. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. William Burns, City Manager, said the Senior Holiday Lunch is an annual event and usually only occurs when the Lions come forward with their contribution. It is a Lions Club event that FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 2007 PAGE 9 occurs at the Fridley Community Center for the seniors. It is not something that is typically funded with City funds. 7. Motion to Approve Pay Equity Compliance Report. Councilmember Bolkcom asked why the years of service are not listed for everyone. William Burns, City Manager, said he would check and get back to Council. This report needs to be filed by January 31 so it needs to be voted on at this meeting. MOTION by Councilmember Bolkcom to approve the Pay Equity Compliance Report. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. INFORMAL STATUS REPORT William Burns, City Manager, said the City newsletter will be going out February 2 to the Post Office and should be in residents' mailboxes by February 9. Councilmember Bolkcom stated she would like to have a brief conversation regarding the request from Mr. Westby. She would also like to talk about the Comprehensive Plan and the Osborne railroad crossing. Jon Haukaas, Public Works Director, reminded citizens about the Fridley Winter Festival coming up this weekend at Commons Park. Councilmember Barnette said that on Tuesday a retirement program will be held for for Kurt Morse at the Fridley Community Center from 3:00 to 4:00 p.m. ADJOURN: MOTION by Councilmember to adjourn. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 8:40 P.M. Respectfully submitted by, Krista Monsrud Scott Lund Recording Secretary Mayor