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CCM 11/19/2012 CITY COUNCIL MEETING CITY OF FRIDLEY NOVEMBER 19, 2012 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:33 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Bolkcom MEMBERS ABSENT: Councilmember Varichak OTHERS PRESENT: William Burns, City Manager Darcy Erickson, City Attorney Layne Otteson, Assistant Public Works Director Scott Hickok Community Development Director Darin Nelson, Finance Director/Treasurer Deborah Dahl, Human Resources Director APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of November 5, 2012. Board of Canvass Meeting of November 13, 2012. Special City Council Meeting of November 13, 2012. APPROVED. OLD BUSINESS: 1.Second Reading of an Ordinance Recodifying the Fridley City Code by Amending Chapter 3.04, Personnel. William Burns, City Manager, stated the ordinance raises the accumulation cap for employee annual leave days from 240 hours (30 days) to 280 hours (35 days). Council approved the first reading of the ordinance change on November 5. Staff recommends Council’s approval of the second and final reading. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2012 PAGE 2 WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1298 ON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2.Approve Change Order No. 2 for 2012 Water Main Project No. 404 and Jackson Street Improvement Project No. 413. William Burns, City Manager, stated that the changes include: 1.Additional fire hydrants …………………………………………………$15,226.95 rd 2.Replacement of an inoperable gate valve on 83 Avenue ……………….$1,628.45 rd 3.Replacement of unsuitable soils at 83Avenue and Main Street ……..... $1,224.17 Staff recommends approval of final change order in the amount of $18,079.57 to GM Contracting, APPROVED. 3.Approve Change Order No. 2 for 2012 street Rehabilitation Project No. ST2012-01. William Burns, City Manager, stated that this change order includes the following items: 1.Additional excavation and grading at the intersection of the University Avenue Service Drive and Fourmies Avenue: $897.50 from Street Funds. th 2.Subsurface excavations on Monroe Street, 67 Avenue and Rice Creek Terrace: 318.75 from Street Funds. 3.Removal of buried culvert pipe on Monroe Street near Mississippi Street: $307.50 from Storm Water Fund. 4.Additional reclaim material on Rice Creek Terrace: $905.00 from Street Funds. 5.Replacement of catch basin castings: $5,963.61 from Storm Water Funds. thth 6.Repair of five sink holes on 7 Street between Mississippi Street and 66 Avenue: $2,812.50 from Storm Water Funds. th 7.Damaged gate valve box section on 68 Avenue: $964.91 from Water Utility Fund. 8.Additional storm sewer work on Oakley Drive: $5,840.68 from Storm Water Fund. 9.Additional pavement work in area occupied by Minnesota Commercial Railway tracks on the Highway 65 Service Road: $1,767.50 from Street Funds. 10.Additional costs to pave Fourmies Avenue on Saturday at request of Fairview Medical Center: $7,791.31 from Street Funds and ultimately through a special assessment to Fairview Medical Center. Staff recommends Council’s approval of change orders amounting to $27,529.26 payable to Midwest Asphalt Corporation. APPROVED. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2012 PAGE 3 4.Receive Bids and Award Contract for the Fridley Municipal Center AV Systems Project. William Burns, City Manager, stated staff opened bids for replacement of cable television control system and monitors on November 8, 2012. The low bid was submitted by CompView, Inc. of St. Paul, Minnesota in the amount of $125,250.23. This base bid provides for 70” Council Chamber wall monitors. Staff is recommending that we add $5,110.76 to the base bid for optional 80” wall monitors. This brings the total contract cost with CompView, Inc to $130,360.99. There is $170,000 budgeted for this project in the 2012 Cable Television Special Revenue Fund. Staff recommends Council’s approval. THIS ITEM WAS REMOVED AND PLACED ON THE REGULAR AGENDA. 5.Appointments – City Employees. William Burns, City Manager, stated that Staff recommends the following full-time, Police Department appointments: 1. Jill Koss Administrative Assistant 3 2. Michelle Zwicky Police Technician 3. Julia Johnson Police Technician These changes were triggered by the retirement of Sharie Ahlers from the Administrative Assistant 3 position earlier in 2012. APPROVED APPOINTMENTS. 6.Claims (157287 – 157432). APPROVED. 7.Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF CONSENT AGENDA: Councilmember Bolkcom asked to remove Item No. 4 from the Consent Agenda. MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of Item No. 4. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2012 PAGE 4 AGENDA: MOTION by Councilmember Bolkcom to approve the Agenda with the addition of Item Nos. 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: 8.First Reading of an Ordinance to amend the City Code of the City of Fridley, Minnesota, by making a Change in Zoning Districts (Rezoning Request, ZOA #12-02, by Fridley Housing and Redevelopment Authority). Scott Hickok, Community Development Director, said the petitioner is requesting to rezone the properties located at 5831, 5865, 5895, 5905, 5925, 5943, 6005, 6041, 6061, and 6071 University Avenue, known as, “Gateway Northeast” from C-2, General Business to S-2 Redevelopment District to accommodate the future redevelopment of these properties. Councilmember Saefke stated that last week there was a public hearing on this item and most of the questions were answered. The zoning allows not just commercial but also residential, so this could have a mixed use. Because this is in the transit oriented district any development would have to go before the Council and HRA before something could be built there. MOTION by Councilmember Saefke to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Bolkcom. Councilmember Barnette asked if staff knew what was happening with the station on the north st side of University and 61 Avenue. Mr. Hickok answered the owner of the property is an investment group from Florida. Staff has had conversations with them about selling and they are interested. This property has now been rezoned to C2 which is better for site development. This property is not included in this motion but it is included in the tax increment district. Rezoning this area will help to get this site developed in the near future. At one time the City was considering buying that site. The soil analysis came back very clean which will make the site more attractive to sell. Councilmember Barnette asked if the building would be taken down. Mr. Hickok answered they prefer not to mobilize equipment twice. They are working on another site and may demolish them both at the same time. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2012 PAGE 5 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9.Resolution accepting the Resignation of City Manager Dr. William W. Burns. Deborah Dahl, Human Resources Director, said this is a simple resolution to accept the resignation and retirement notice of City Manager, Dr. William W. Burns. As you may recall, on September 10 of this year, Dr. Burns provided Council with a letter of intent to retire on December 31, 2012. Because Dr. Burns is under a formal agreement with the City of Fridley, a resolution is required to accept his resignation or termination of his employment agreement. Ms. Dahl stated the formal agreement calls for a sixty (60) day notice of termination/resignation. Providing written notice on September 10, 2012, satisfies the terms of the agreement, and Dr. Burns will hold his position until midnight of December 31, 2012. Monday, December 10, 2012 will be the last meeting he attends in his official capacity as City Manager. Ms. Dahl stated Dr. Burns is retiring after 24 years of service where he has faithfully served the City of Fridley. It will be hard to see him leave but we wish him the very best and many happy years ahead in his retirement. Staff is planning on having an open house for Dr. Burns and the community just prior to his last meeting and would invite you and the public to attend on December 10, 2012 from 5:00 to 7:30 p.m. at the Municipal Center Lobby. Mayor Lund thanked Dr. Burns for his great service over the last 24 years. Councilmember Bolkcom asked what the process was for looking for another City Manager. Ms. Dahl said they have selected Slavin Management Consultant Services to meet with Council and Department Managers, and from that process a job description will be created. There will be a 90-day recruitment time frame before interviews begin. The entire process will take 4 to 5 months before a candidate is selected. This will be a national search but they expect the bulk of the applications to come from the metro area. Councilmember Bolkcom said it would be April or May before a new City Manager is selected. Ms. Dahl replied that is correct. MOTION by Councilmember Bolkcom to adopt Resolution No. 2012-85. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2012 PAGE 6 NEW BUSINESS: 10.Resolution Approving and Authorizing the Agreement between the City of Fridley and Darin R. Nelson as Interim City Manager. Deborah Dahl , Human Resources Director, stated following the resignation and retirement of City Manager, Dr. Burns on December 31, 2012, staff is recommending an appointment of an Interim City Manager. The Interim City Manager would be in place until the search firm completes the national search for a new City Manager and the new manager begins employment. It is expected that the search will take approximately four to five months to complete. Ms. Dahl stated that this resolution is to approve a formal agreement pursuant to the City Charter and City Code. Chapter 6.01 of the Fridley City Charter establishes that the City Manager shall be the Chief Administrative Officer of the organization. Chapter 2.01 of the Fridley City Code states that the City Manager is empowered and obligated to perform and enforce the provisions of the Charter and all of the laws, ordinances and resolutions of the City. Chapter 6.01 states that the Council shall choose the City Manager. Ms. Dahl stated Dr. Burns made a recommendation to City Council at a special meeting on November 13 to appoint current Finance Director, Darin R. Nelson, to the position of Interim City Manager. Mr. Nelson has been with the City of Fridley two years. Dr. Burns feels Mr. Nelson has been effective in his role as Finance Director and is confident he has the training, education, and experience necessary to perform the duties of Interim City Manager. Ms. Dahl said this would become effective at 12:01 a.m. on January 1, 2013. Mr. Nelson will continue to serve as the City’s Finance Director. The Agreement calls for a 10% increase in his salary ($928.20 per month) and a car allowance of $354.96 per month (provided to the City Manager). All other benefits will remain the same as non-union employees. Ms. Dahl stated the City Attorney has reviewed the Agreement and Mr. Nelson has agreed to the terms of the Agreement as well. On the agenda for the December 6, 2012 HRA meeting, the Board will accept the resignation and retirement of Dr. Burns as well. Recommendation will be made to approve Mr. Nelson as the Interim Executive Director of the HRA. Staff is recommending the approval of the Resolution approving the appointment of Darin R. Nelson to Interim City Manager and approving the Employment Agreement between the City of Fridley and Darin R. Nelson, effective 12:01 a.m. on January 1, 2013. Councilmember Saefke was concerned with Mr. Nelson’s workload taking on the Interim City Manager position, since Mr. Al Foley retired as Assistant Finance Director and they are short staffed. Ms. Dahl said they have presented an offer to someone for the Assistant Finance Director position. That appointment should be on the December 3 agenda for Council approval. MOTION by Councilmember Saefke to adopt the Resolution No. 2012-86. Seconded by Councilmember Bolkcom. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2012 PAGE 7 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 4. Receive Bids and Award Contract for the Fridley Municipal Center AV Systems Project. Darin Nelson, Finance Director, said staff received information that the bid packet that was submitted did not include sales tax. The City Attorney recommended Council to accept the bid and staff present a change order for the sales tax at a later date. Staff is recommending the bid to be $128,305.76 and approve a change order later adding the sales tax. This bid includes the 80” monitor. Councilmember Bolkcom asked if the prevailing wage was in the agreement. Mr. Nelson answered yes. Councilmember Bolkcom asked if this money could be used for anything else because it was from the Cable TV Special Revenue Fund. William Burns, City Manager, answered no. Councilmember Bolkcom asked why this is being done now. Mr. Nelson replied the current equipment is limping along. Staff has been planning this for a few years and now there is a break with funding available so the work can get done. The funding is dedicated for cable TV equipment. Dr. Burns said that the current equipment has been here for 23 years. Councilmember Bolkcom noted the new monitors will be higher so the audience can see better. There will also be a monitor at the podium. Sometimes the agenda packets don’t copy well so it will be nice to have a high definition television to see things better. Mr. Nelson said that the monitor resolution now is not the best and the screen on the podium will be better for all to see. There will not be any individual monitors. Mayor Lund questioned if the amount quoted was correct. Mr. Nelson answered that the base bid included sales tax. MOTION by Councilmember Bolkcom to receive bids and award the contract for the Fridley Municipal Center AV Systems Project. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2012 PAGE 8 Councilmember Bolkcom asked if there would be a change order in the future with the tax added. Mr. Nelson replied yes, after the construction is completed. 11.Informal Status Report. Councilmember Bolkcom thanked the election judges and City staff who worked the election. Fridley had a 79% turnout with 3,140 voters who registered that day. She congratulated Mayor Lund and Councilmember Barnette. William Burns, City Manager, said the newsletter will be coming out in early December. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:09 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor