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05/24/2010 - 29307CITY COUNCIL MEETING CITY OF FRIDLEY MAY 24, 2010 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director PRESENTATION: Recreation Summer ROCKS Program. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of May 10, 2010. William Burns, City Manager, said corrections were made in the minutes to statements made by Ms. Reynolds and Mr. Kosluchar. A copy of the changes was provided to Council prior to the City Council meeting. Staff recommends Council's approval of the minutes as amended. APPROVED MINUTES AS AMENDED. OLD BUSINESS: 1. Second Reading of an Ordinance Amending Chapter 4 of the Fridley City Charter Pertaining to Primary Elections. William Burns, City Manager, stated the proposed Charter change is responsive to both national and state legislation which requires that we allow 45 days for both military and oversees voters to vote by absentee ballot. The state's legislation moves the state primary from September to August. The proposed Charter change establishes primary elections in accordance with Minnesota State Law. MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 24, 2010 PAGE 2 Dr. Burns said the other changes found in Section 4.08 of Chapter 4 pertain to revised dates for canvassing of both primary and general elections. The Charter change was approved by the Charter Commission on March 22, 2010. Council held a public hearing for the Charter change on April 26. Staff recommends Council's approval. WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1269 ON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. Resolution Authorizing Final Changes in Appropriations for the General Fund, Special Revenue Funds, and the Capital Improvement Fund for the Year Ended 2009. William Burns, City Manager, said in the General Fund, $361,640 will be exchanged in property taxes for the same amount of Market Value Homestead credit revenue from Minnesota. In the expenditures for City Council there is a$3,851 overrun for personal services. This is being made up from an under-expenditure of $2,715 from other areas of the Council budget and $1,136 from the emergency reserve budget. The overrun was for un-budgeted secretarial time for taking minutes of the City Council meetings. Dr. Burns said the expenditures for the City Manager's budget there is a$4,541 overrun for personal services. This is being made up from an under-expenditure of $4,541 from other areas of the City Manager's budget. The overrun was for vacation sellback and for un-budgeted annual leave balance. The expenditures for Human Resources have an elimination of $11,316 negative variance for unbudgeted annual leave sellback and un-budgeted annual leave carryover. The amount will be made up from $1,198 in money budgeted for other areas of the Human Resources budget and $10,118 from the emergency reserve budget. Dr. Burns said there was a$438 deficit in expenditures for Elections for personal services and a $10,082 deficit for the special election held for the Charter amendment. Both amounts will be drawn from the emergency reserve. The expenditures for Assessing reflect the elimination of a $7,914 negative variance that is associated with vacation sellback and vacation balance carryover. Of this amount, $694 will be drawn from under-expenditures in other areas of the Assessing budget. The remainder, $7,220, will be drawn from the emergency reserve. Dr. Burns said the Police Department expenditures had a$41,284 over-expenditure for vacation sellback and annual leave carryover. All of this will be drawn from under-spent areas of the Police Department budget. The Fire Department Expenditures had a$33,152 negative variance for rental inspection personal service costs (including $7,658 for vacation sellback and annual leave carryover) and a$326 capital outlay over-run (associated with vehicle graphics for the replacement of the Fire Chief's car) . Unspent money from other areas of the Fire Department budget will be used to cover this cost. Dr. Burns said the Engineering Department expenditures had $2,936 attributable to vacation sellback and annual leave carryover. Of this amount, $1,994 was covered by under-expenditures MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 24, 2010 PAGE 3 from other areas of the Engineering budget. Another $994 has been drawn from the emergency reserve. The Public Works-Parks Department had $2,720 attributable to vacation sellback and annual leave carryover which was covered from other savings. Dr. Burns said the expenditures for Public Works-Streets had a negative variance of $12,205 that was due to annual leave sellback and vacation balance carry-over. There was also $7,902 in an over-expenditure for a Street Division dump truck All of the over-runs can be covered by unspent money from supplies and charges. The Building Inspection Expenditures had a$1,860 deficit for annual leave sellback and vacation accrual. The amount was covered by unspent appropriations for services and charges. Dr. Burns said there is a$3,285 deficit in Planning expenditures for vacation sellback and vacation accrual. The amount is covered by unspent appropriations for supplies and charges. The non-departmental expenditures exceeded the Unemployment Compensation budget by $3,448. The amount can be covered by under-expenditures in other areas. The Emergency Reserve used $45,744 to cover over-expenditures in the departmental and non-departmental budgets. Overall, we spent $648,685 less than we budgeted for General Fund expenditures in 2009. Dr. Burns said the Cable TV Special Revenue Fund spent $1,431 for a merit step increase for the Media Specialist. The amount was covered by unspent appropriations for supplies and charges. The Grant Management Fund had $64,040 in unbudgeted grant revenue and expenditures. The unexpected revenue and expenditures were for various Police grants, including a Federal Justice Assistant Grant (JAG) and a state Auto Theft Grant. Dr. Burns said the HRA Reimbursement Fund had $26,805 in unexpected revenues and expenditures for HRA items paid for on behalf of the HRA by the City and then reimbursed to the City by the HRA, i.e. municipal liability insurance. The Solid Waste Abatement Fund had a non-budgeted expenditure of $1,868. The amount was used to provide a step increase for the Recycling Coordinator. Dr. Burns said the Drug/Gambling Forfeiture Fund had unexpected revenue from fines and forfeited property of $15,375. The money was used for various equipment allowable under the particular type of forfeiture. The FCC Donations Fund had interest income of $350 and unexpected expenditures of $3,382 for television upgrades at the Zone. Dr. Burns said the Springbrook Nature Center Fund experienced a negative variance of $14,589 for vacation sellback, annual leave carryover, and for un-budgeted PERA. Of this amount $3,202 came from unspent appropriations for supplies and charges. The remainder has been charged to fund balance. The Capital Improvements Fund in several instances had items that were budgeted as Capital Outlay items which were more correctly re-appropriated as repairs and maintenance items in the Capital Improvements Budget. The total cost for these items was $108,800. They included tennis court overlays and parking ramp renovations. Staff recommends Council's approval of all of the above reappropriations for 2009. MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 24, 2010 PAGE 4 THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. Resolution Appointing an Absentee Ballot Board for the 2010 Election Cycle. William Burns, City Manager, said on Apri126, Council amended Chapter 4 of the City code to comply with 2010 Minnesota legislation regarding absentee balloting. They followed on May 10 with the first reading of similar legislation amending the Fridley Charter. Following the state legislative action, Anoka County designated Fridley as a location to conduct absentee ballot voting. Council's action of April 26 and May 10 requires Council to appoint the members of a local Absentee Ballot Board, whose members will serve as Deputy County Auditors. Dr. Burns said since the Absentee Ballot Board may consist of staff, we are suggesting that Fridley staff be appointed to this board. Since the vast majority of these duties can be completed during normal City working hours, and since there will be no additional cost for these staff during normal working hours, the appointment of staff will help the City's Elections Division save money. Nearly all of the work of the board members will occur during the week preceding the election. Dr. Burns said staff recommends Council approve the resolution appointing eight staff as members of the City's Absentee Ballot Board. These individuals include: Roberta Collins, City Manager's Office James Erickson, Finance-MIS Rebecca Kiernan, Finance-Accounting Lynn Krachmer, Finance-Assessing Jean Micheals, Finance-Accounting Richard Pribyl, Finance Director Cindy Ruschy, Finance-City Clerk's Office Debra Skogen, City Clerk THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4. Resolution to Approve Amendment No. 2 to Joint Powers Agreement Establishing the Northstar Corridor Development Authority. William Burns, City Manager, said with the implementation of Northstar between Minneapolis and Big Lake, the NCDA is now focusing on e�tending Northstar to St. Cloud. With the change in emphasis, NCDA is looking to restructure in order to operate more efficiently. The proposed changes in the JPA make it easier for those involved directly in the e�tension of Northstar to St.Cloud to take action more quickly than they can under the existing organizational structure. Dr. Burns said the most significant changes include language in Article V that allows the Executive Committee to approve contracts up to amounts included in the annual budget. Article VI says that the Chair of the NCDA must be a County Commissioner who represents a regional rail authority. It also assigns the Chair of NCDA as the Chair of the Executive Committee and eliminates the current Capital Budgets Committee. MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 24, 2010 PAGE 5 Dr. Burns said the new Article VI redefines Executive Committee membership to include only funding partners who are involved in funding the Big Lake to St. Cloud e�tension of Northstar. It also expands the duties of the Executive Committee to include the approval of contracts, the approval of the annual administrative budget, as well as all of the former responsibilities of the Capital Budget Committee. Article VII changes the process for approval of the budget from one whereby a quorum of NCDA Board members was required for approval to approval by 2/3 of the Board members who are present and voting. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 5. Claims (145119 — 146300). APPROVED. 6. Licenses. APPROVED AS SUBMITTED AND AS ON FILE. ADOPTION OF AGENDA: Councilmember Bolkcom asked that Item Nos. 2, 3, and 4 be removed. MOTION by Councilmember Barnette to approve the consent agenda with the removal of Item Nos. 2, 3, and 4. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to approve the agenda with the additions of item nos. 2, 3, and 4. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: No one from the audience spoke. NEW BUSINESS: 2. Resolution Authorizing Final Changes in Appropriations for the General Fund, Special Revenue Funds, and the Capital Improvement Fund for the Year Ended 2009. MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 24, 2010 PAGE 6 Councilmember Bolkcom asked about the vacation sell back and if there was any way to budget those expenses. William Burns, City Manager, said the sell back is no longer valid but the vacation carryover balances policy is still in place which has a 30-day limit. This allows employees to carry actual balances earned over to the ne� year. Councilmember Bolkcom said some businesses are getting away from carrying over vacation hours because sometimes the vacation hours have to be paid out at a higher rate. Dr. Burns said staff has vacation and sick leave together and there is a 30-day maximum carryover. Mayor Lund said this could be discussed in further detail at the budget work session in June. Councilmember Bolkcom asked how the City saved $648,000. Dr. Burns said he did not have the details but will submit them in June. MOTION by Councilmember Bolkcom to adopt Resolution No. 2010-32. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARREID UNANIMOUSLY. 3. Resolution Appointing an Absentee Ballot Board for the 2010 Election Cycle. Councilmember Bolkcom asked if staff should be used instead of election judges because it is more expensive to pay staff than election judges. William Burns, City Manager, said according to Deb Skogen, people will not be spending much time on this and there will not be much overtime. MOTION by Councilmember Bolkcom to adopt Resolution No. 2010-30. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Resolution to Approve Amendment No. 2 to Joint Powers Agreement Establishing the Northstar Corridor Development Authority. Councilmember Bolkcom asked if Fridley was in or out of this agreement. William Burns, City Manager, said Fridley is still in it but would no longer participate on the Executive Board. MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 24, 2010 PAGE 7 Councilmember Barnette said he is currently on the Executive Board. As phase two begins e�tending to St. Cloud, it is reasonable to let those counties that will be involved have the initial input. Those counties would have authority to approve expenditures that would eventually get down to the Authority. He will remain on the Authority but not on the Executive Board. The counties north of Big Lake were very strong supporters of the Fridley station and he would like to give them the same support as phase two begins. Councilmember Bolkcom said she understands why it is being done. She said another concern she had was with the Executive Board of six members. If only two people show up for a budget meeting, it only takes 2/3 of people present for it to pass. Her concern is that budgets could be passed for expenses that would come back to the City of Fridley. Councilmember Barnette said he recalled only one time that they did not have a quorum. This has not been a problem in the past and he thought it was time to give the people north of Big Lake the authority to make financial decisions. Councilmember Bolkcom asked if they would be spending Fridley funds. Councilmember Barnette answered probably not. Dr. Burns asked if this e�tension would mandate a third rail. Councilmember Barnette answered no; it has been discussed but not mandated. Councilmember Bolkcom said if the ridership were expanded, it is likely another rail would need to be added. Councilmember Barnette said that is open to discussion and Burlington Northern along with Federal funds and other funds would help pay for those things. There will be additional costs involved as you look ahead. Councilmember Bolkcom asked if the City of Fridley would be obligated for costs that were approved without notice. Councilmember Barnette said the Executive Board makes the final decisions on spending. Councilmember Bolkcom said she does not have a problem with the resolution, but she was concerned about the quorum and budgets being approved for expenses that would come back to the City of Fridley. Fridley already paid for their station--more than most other stations. Dr. Burns said expenses would have to be approved by the Fridley HRA because typically money has come from that Authority. Scott Hickok, Community Development Director, said he did not recall the HRA talking about a third rail expense; that would be something to debate with the HRA. MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 24, 2010 PAGE 8 Dr. Burns said whether it is an HRA or City expense, it cannot be accessed if the parties are not in agreement. Mayor Lund said the Executive Board cannot ask Fridley to pay expenses without authorization or approval. Councilmember Barnette said this is for phase two and to get the rail up to St. Cloud. St. Cloud is anxious to get this done. Mayor Lund said he has no issues removing Fridley from the Board and did not read in the resolution that by not participating on the Board the City would be given expenses that were not authorized. Fritz Knaak, City Attorney, said that he reviewed the resolution and approved of the language. Governing Board Members have to vote approval of expenses and this is an effective tool for Government action. MOTION by Councilmember Bolkcom to adopt Resolution No. 2010-31. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. Informal Status Reports. Councilmember Varichak said she attended the Fridley Flames Spaghetti Dinner. About 100 people attended. She also attended the Open House Sunday for the HRA renovation home. She is excited to see the finished product. Scott Hickok, Community Development Director, said the ne�t open house is on Wednesday, May 26, from 4:30-6:30 pm. at 831 Mississippi Street. He added that over 300 people visited the home at the last open house. Councilmember Bolkcom asked if people were interested in buying the house or seeing what can be done to a house of that age. Mr. Hickok said it was a little bit of everything. Some people are curious to see what can be done to a rambler and others are interested in projects on their own home and may implement some of this design into their home. Councilmember Saefke said he attended a Block Captains Meeting last Thursday night and one of the items up for discussion were the two police dogs. The Police Chief informed us that there will be a dog on duty every day and the dogs will be rotated every other day. If anyone is interested in becoming a Block Captain they should contact Myra Harris in the Police Department. MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 24, 2010 PAGE 9 Mayor Lund announced two Memorial Day events occurring in Fridley hosted by the VFW and the American Legion. One event is at the Polish Cemetery south of the freeway at 10 a.m. and the other event is at the Islands of Peace parking lot just off East River Road at 11 a.m. There is a fundraiser for the Lee Carlson Center that deals with mental health issues for teens and adults on June 12 at the Fridley High School Auditorium. Entertainment will be "Dancing with the Local Stars." He said he will be dancing the hustle and there will be six different dances and other performances. The event starts at 5:00 p.m. with dancing starting at 7:00 p.m. and the cost is $30 per person. There will also be hors d'oeuvres and a silent auction. William Burns, City Manager, said he received an Award of Excellence from the Minnesota Association of Government and Internal Affairs for the publication of the Fridley newsletter. The ne�t addition of the newsletter will be mailed out the beginning of June. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:30 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor