CCM 12/10/2012
CITY COUNCIL MEETING
CITY OF FRIDLEY
DECEMBER 10, 2012
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:32 p.m.
ROLL CALL:
MEMBERS PRESENT:
Mayor Lund
Councilmember-at-Large Barnette
Councilmember Bolkcom
Councilmember Varichak
Councilmember Saefke
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
PRESENTATIONS TO DR. BURNS:
Presentation from the following:
Mayor Scott Lund
Equality Presentation – Sam Ofulue and Nanette LaBonne
Letters read from Senators Al Franken and Amy Klobuchar
Letter read from Congressman Keith Ellison
Anoka County Commissioner, Jim Kordiak
Met Council Administrator, Pat Born
Metro Cities, Patricia Naumann
Fridley HRA Chairman, Larry Commers
President of Gold Standard Real Estate Group LLC & former
Medtronic employee, Donn Hagmann
Centerpoint Energy, Al Swintek-Community Affairs
ICMA Award – presented by Scott Hickok, Fridley Community Development Director
Bud Dauphin from Schaaf Floral
Special Comments from Bill’s Family
Proclamation – Dr. William Burns’ Appreciation Day
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2012 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1.Resolution Approving a Joint Powers Agreement between Anoka County and the
Municipalities, Townships, and School districts in Anoka County to Allocate Costs for
Election Expenses, and Authorizing the Mayor and City Manager to Execute Said
Agreement.
Darin Nelson,
Finance Director, stated this is a resolution approving a joint powers agreement
with Anoka County regarding the allocation of costs for election expenses. The agreement
allocated capital and operating costs for regularly scheduled elections in Anoka County
jurisdictions, including the County, school districts, and cities (including Linwood Township).
Mr. Nelson
stated these costs have been agreed to by representatives of the various units of
government. They include costs for replacing the current election equipment in 2013, as well as
operating costs for regularly scheduled elections for each jurisdiction. Costs for special elections
held in any of the jurisdictions would be paid for by the jurisdiction hosting the election outside
this agreement.
Mr. Nelson
stated that the agreement provides that costs for regular elections, including capital
costs, will be distributed as follows:
County – 55%
Cities (including Linwood Township) – 33%
School Districts – 15%
City/township costs would be prorated based on population. With 8.2% of the Anoka County
population, our costs would wind up being between $3,983 in 2013 and $6,812 in 2022. The
total contribution amount of $61,417 is about $2,000 less than we paid for equipment costs in
2000.
Mr. Nelson
stated the costs shown on Exhibit A reflect the distribution of the overall capital and
operating costs identified in Exhibit B. Staff recommends Council’s approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
2.Resolution Supporting Participation in the “Fire and Resource Shared Services
Feasibility Study Grant Program” with the Cities of Columbia Heights and Saint
Anthony and Authorizing Application for the fire and rescue Shared Services
Feasibility study Grant.
Scott Hickok,
Community Development Director, stated the Fire Chiefs from the three cities
have unofficially applied for this grant offered by the Minnesota Department of Public Safety.
The grant will be used to hire an outside consulting firm to determine ways in which the three
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2012 PAGE 3
cities might provide services more efficiently. The resolution authorizes Fridley to officially
proceed with the application process. It also establishes the Columbia Heights Fire Department
as the lead jurisdiction and the contracting agency and the Columbia Heights Fire Chief as the
contact person who shall apply for the $28,000 grant on behalf of the three cities. Staff
recommends Council’s approval.
APPROVED RESOLUTION NO. 2012-91.
3.Approve 2013 Animal Control contract between the City of Fridley and Brighton
veterinary Hospital.
Scott Hickok,
Community Development Director, stated the Brighten Veterinary Hospital has
offered to extend the 2012 contract for animal impound services at no additional cost. The
$18,000 annual cost is well within the amount budgeted for these costs in the 2013 budget. Staff
recommends Council’s approval.
APPROVED.
4.Approve contract for Towing, Impounding and Storage of Motor Vehicles between the
City of Fridley and Schmit Towing, Inc.
Scott Hickok,
Community Development Director, stated the Fridley Police Department has been
very pleased with the services provided by Schmit Towing to the City since March of 2010. The
renewal contract for 2013 provides for a $10 increase in fees charged for towing and a $5
increase in fees for storage. Staff recommends Council’s approval of the contract.
APPROVED.
5.Appointments to Commissions.
Scott Hickok,
Community Development Director, stated that based on Council interviews with
prospective candidates, staff is recommending the appointment of the following individuals to
the following Commissions:
Gordon Backlund – HRA – Term to expire on June 9, 2016.
Michelle Drury – Appeals Commission – Term to expire on April 1, 2014.
APPROVED.
6.Claims (157543 – 157677):
APPROVED.
7.Licenses
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2012 PAGE 4
8.Estimates
Midwest Asphalt Corp.
5929 Baker Road Suite 420
Hopkins, MN 55345
2012 Street Rehabilitation
Project No. 2012-01
Estimate No. 5………………………………………………$39,785.49
APPROVED.
APPROVAL OF CONSENT AGENDA:
Councilmember Bolkcom
asked for Item 1 to be removed from the consent agenda.
MOTION
by Councilmember Barnette to approve the Consent Agenda with the removal of Item
No. 1. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM VISITORS:
No one from the audience spoke.
AGENDA:
MOTION
by Councilmember Bolkcom to approve the agenda with the addition of Item No. 1.
Seconded by Councilmember Barnette.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
NEW BUSINESS:
9.Approve Cooperative Agreement between the City of Fridley and Great River
Greening to Improve the Upland Habitat at the Springbrook Nature Center.
Siah St. Clair,
Director of Springbrook Nature Center, stated the State approvedthe Legacy Act
a few years ago and they applied for a grant to improve the natural areas of Springbrook Nature
Center. Another group that was regularly applying for grants was needed so they worked with
the Heritage Council to disperse those funds. In 2011, they worked with Great River Greening
and applied for a grant and were successful in getting funding for that grant this past spring.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2012 PAGE 5
Mr. St. Clair
stated in order to move forward with Great River Greening, an agreement needs to
be signed between the City and Great River Greening. Funds of approximately $190,000 will be
received and the City will pay a portion of this, or the amount of $11,000. Springbrook Nature
Center will provide $5,500 of the $11,000. This project will extend over three years ending in
June 2015. Anything that is not a wetland in Springbrook Nature Center will be restored and
extensive restoration will take place.
Councilmember Barnette
asked if the total funding was $187,500 and the city contribution was
$11,000.
Mr. St. Clair
answered that the total funding is $187,500 from the State, and of the remaining
$11,000, the City will pay $5,500 and the other $5,500 will be paid by the Springbrook Nature
Center Foundation. The funds will come out of the Springbrook Nature Center reserves; this is
separate from the General Fund.
Councilmember Bolkcom
asked what “overarching” is.
Mr. St. Clair
answered that it is a management plan. Overarching looks long-term into the
future. It would be a sustainability plan for Springbrook Nature Center.
Councilmember Bolkcom
asked if when the work is completed if ongoing costs or maintenance
costs will be budgeted into the Springbrook Nature Center fund.
Mr. St. Clair
answered yes. A minimal amount like $5,000 per year will be budgeted so they
will be able to maintain those areas.
Councilmember Bolkcom
asked if any additional funds would be allocated out of the City
funds.
Mr. St. Clair
answered no.
Councilmember Bolkcom
asked when the work would start.
Mr. St. Clair
replied fairly quickly, they could start this winter.
Councilmember Bolkcom
asked if any trails would be closed during the work.
Mr. St. Clair
said that would happen if they did a prairie burn, but the interruption would be
minimal, like a few hours on one day.
William Burns,
City Manager, said overarching could also be removing multiple species in
multiple areas of the nature center; not just buckthorn but a variety of species. Overarching
could also mean the project is done over a number of years as well.
Councilmember Varichak
asked if professional people were doing this work or if people from
the Foundation were.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2012 PAGE 6
Mr. St. Clair
replied that Great River Greening would be doing the work, plus they are hiring
subcontractors.
Councilmember Varichak
asked if this was an annual program.
Mr. St. Clair
answered this grant will be complete in June of 2015. The grant could be applied
for again but the chances of getting additional funding is minimal because grants are normally
awarded to other places the second time.
MOTION
by Councilmember Bolkcom to approve the Cooperative Agreement between the City
of Fridley and Great River Greening to Improve the Upland Habitat at Springbrook Nature
Center. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING:
10.Preliminary Assessment Hearing for Street Rehabilitation Project No. ST2013-01.
MOTION
by Councilmember Varichak to waive the reading of the public hearing notice and
open the Public Hearing. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED
AT 8:36 P.M.
Layne Otteson,
Assistant Public Works Director, stated the City has developed a pavement
improvement plan based on rehabilitating the pavement with intermittent seal coating. The goal
is to provide maintenance improvements at regular times. This project is in its ninth year under
the City’s major maintenance program for asphalt streets that have concrete curb and gutter.
Mr. Otteson
stated this program was developed to rehabilitate the deteriorated asphalt surface
on a recurring schedule. The program targets pavements of a condition where pothole patching,
crack sealing, and seal coating are no longer sufficient to efficiently maintain a quality surface.
The following are the Street Program rationale:
Annual Street Rehabilitation Program
Increasing cost of maintenance & repair with age
Condition rating of streets
Group streets into project areas
Pricing advantage with volume
Planned project for 2013 developed under 5-year street program
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2012 PAGE 7
Mr. Otteson
stated the Poor Condition Rating of streets gives initiative to a rehabilitation
project. Factors used to establish the condition rating based on annual inspections include:
Surface Wear
Weathering
Skid Resistance
Uniformity
Crack Size and Condition
Ride Quality
Other factors affect prioritization of projects:
Street does not require reconstruction to meet standards (base, width, curbing,
etc.)
Time since last major maintenance
Interim maintenance work performed/required
Adjacent project activity
Source(s) of funding available
Mr. Otteson
stated that the recommended work includes minor underground utility repairs to
precede mill and overlay, 19 street segments to receive 6” reclaim and 2” asphalt surfacing, and
th
one street segment (75 Ave) to receive 8” reclaim and 3” asphalt surfacing due to traffic
loading. The construction schedule is for the pavement rehabilitation process expected to be
completed in 10 to 12 weeks of start date, and construction from mid-May to mid-September
2013. The project will be divided into 3 or 4 phases and each phase will last 2 to 3 weeks.
Mr. Otteson
reviewed the following tentative project schedule:
Open House September 2012
Public Hearing December 2012
Open bids March 2013
Begin construction May/June 2013
Complete construction August/Sept 2013
Public hearing/Assessments October 2013 special assessment
Assessments begin January 2014
Mr. Otteson
said that Property owners have been sent the following mailings:
Notice of an Open House in 2012; and
Project Questionnaire to be returned or filled out on City website in 2012
www.ci.fridley.mn.us/engineeringprojects
Notice of a Public Hearing (Included estimated special assessment based on policy)
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2012 PAGE 8
Mr. Otteson
reviewed the project budget:
Estimated Project Cost = $1,025,000.00 (includes contingency)
$ 218,000 City of Fridley Municipal State Aid
$ 727,000 special assessment to adjacent properties
$ 25,000 from Water Utility Fund
$ 21,000 from Sanitary Sewer Utility Fund
$ 33,000 from Storm Water Utility Fund
Mr. Otteson
stated that Non-LDR (low density residential) for commercial, industrial, etc. pays
100% of pavement related costs adjacent to their property frontage curb line to center of street.
Non LDR Property Assessment Recent Rates are as follows:
2007-2 7th St. 38’ wide $20.07 / l.f.
st
61 Ave. 44’ wide $27.18 / l.f.
2008-2 Gardena Dr. 42’ wide $24.53 / l.f.
2009-1 University W. Svc. Dr. 30’ wide $16.46 / l.f.
2009-2 East Moore Lake Dr. 50’ wide $37 / l.f.
2011-1 Citywide 24’-36’ wide $24.30 / l.f.
2012-1 Fourmies Ave 26’-32’ wide $26.45 / l.f.
th
2013-1 76 Ave 32’ wide $35 / l.f.
Note: 2013 numbers are estimated cost per foot. Upon substantial completion of the project,
a proposed assessment is recalculated for each property.
Mr. Otteson
reviewed LDR property assessment. Properties accessing the rehabilitated street
benefit and are therefore subject to assessment. The assessment is determined by dividing
pavement related costs by number of benefitting properties. The cost is reduced by pro-rating for
30’ standard street and City pays for additional width. Corner lots are assessed on one side only
and oversized lots which may be split are assessed for additional benefit. Multiple unit
residential properties up to four units pay the lower of the commercial rate, or the residential rate
reduced by 50% for each unit over one.
Mr. Otteson
reviewed LDR Property Assessment Recent Rates:
2007-2 $ 941.46 per unit
2008-2 $ 841.46 per unit
2009-1 $1,023.00 per unit
2009-2 $1,380.00 per unit
2010-1 $1,370.00 per unit
2011-1 $1,592.00 per unit
2012-1 $1,930.00 per unit
2013-1 $2,150.00 per unit (estimated)
Note: All LDR units receive equal assessment for each project.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2012 PAGE 9
Councilmember Varichak
said at the open house, a lot of people were there concerned about
the streets and if there are still concerns they should contact Public Works.
CouncilmemberBolkcom
asked how many surveys were received and if people could still send
them in.
Mr. Otteson
answered that about 25% of the mailings were received back with feedback or 70
to 80 surveys. If anyone needs further information they can call the Engineering Department at
763-572-3551 to request a questionnaire and it will be sent out.
CouncilmemberBolkcom
noted that the industrial area was planned to be done but from the
feedback it has been delayed until next year.
Mr. Otteson
said that is on the radar for 2014.
CouncilmemberBolkcom
asked about the payment schedule and mentioned there would be no
penalty if it was paid off earlier.
Darin Nelson,
Finance Director, answered that is correct; people can pay it off at anytime with
no penalty.
Jill Dutcher,
7550 Lakeside Road NE, was concerned for the disabled people in the area and
wondered if they would qualify for the same pay plan as the elderly over age 65.
Mr. Nelson
replied yes; disabled persons are eligible under the same program. They should
contact the Finance Office for information on that program.
Ms. Dutcher
said there was talk about adding a drain in front of her driveway and she wanted to
know where it would be located. Water comes from other areas and backs up into her driveway
in the spring.
Mr. Otteson
said there are different areas where water is ponding between driveways due to
poor soils and the curb holding water. He will come out to look at the driveway. They are still
in the pre-design stage and usually do not invest a lot of time right now in case the project does
not move forward.
Ms. Dutcher
asked if additional costs would be the responsibility of the homeowner for an
additional drain.
Mr. Otteson
said that they look at the neighborhood as an overall system, so no additional
assessment would be the responsibility of the homeowner. Usually the drainage in a small area
can be improved at minimal cost.
Ms. Dutcher
said at the last meeting, there were some small businesses that came forward
saying this was going to be a hardship for them with the recession. She asked if the project had
changed.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2012 PAGE 10
CouncilmemberBolkcom
said they are not in the project anymore.
Councilmember Saefke
noted that the City provides a service during projects like this for
homeowners to look into matters of problems with the sewer. They will televise sewer lines free
of charge. Any repairs would be the homeowner’s responsibility. The same service is available
for water. If homeowners would like different water taps to improve water pressure this is a
good time to get that done. Also, if homeowners are considering a rain garden now is an
excellent time to consider it. City staff would give information on how and what to plant in
those areas. Drainage is the purpose of a rain garden as the water drains into the ground rather
than the storm sewer.
CouncilmemberBolkcom
asked why staff was recommending continuing this hearing to
January 7, 2013.
William Burns,
City Manager, said it was his suggestion because the newsletter was written in
September and had said that the public hearing was on January 7. He thought it would be a good
idea to continue the public hearing in case some people did not get the information that the
hearing was tonight. He does not expect others to come forward based on the support for this
project.
William Sue
, Jackson Street, said he was concerned about accessibility during construction.
Mr. Otteson
said on the day of paving, they will close small areas of the street and work in
sections. They will try to minimize the amount of time residents would not have access to their
driveway.
Councilmember Saefke
said there will never not be access overnight.
CouncilmemberBolkcom
said if there are issues about accessibility with Metro Van pick up,
for example, they should contact Mr. Otteson.
Mr. Otteson
said if there is a special consideration or emergency need, they should contact him
ahead of time and he can coordinate the project. Emergency vehicles will be able to get in.
MOTION
by Councilmember Varichak to continue the public hearing until January 7, 2013.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED
AT 8:28 P.M.
NEW BUSINESS:
11.Resolution Ordering Final Plans, Specifications and Calling for Bids: 2013 Street
Rehabilitation Project No. ST2013-01.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2012 PAGE 11
MOTION
by Councilmember Varichak to table this item. Seconded by Councilmember Saefke.
CouncilmemberBolkcom
asked if this would delay the project.
Layne Otteson
, Assistant Public Works Director, answered no, he is confident this project will
move forward in a timely manner.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
1. Resolution Approving a Joint Powers Agreement between Anoka County and the
Municipalities, Townships, and School districts in Anoka County to Allocate Costs for
Election Expenses, and Authorizing the Mayor and City Manager to Execute Said
Agreement.
Councilmember Bolkcom
said that on page four, it says the Joint Powers Agreement begins in
January 2013 – December 2016; she asked if the renewal automatically happens each year
beginning January 2017 and how Council would know what the costs would be if there was an
automatic renewal.
Cindy Reichert,
Anoka County Elections Manager, replied the plan is to have an automatic
renewal. There will be an ongoing agreement with the vendors to maintain the equipment and
license fees for software. The costs are stable and they will be in close communication with
cities. Costs will increase about 5% every two years. The auto renewal is convenient so they do
not have to come back to each Board.
Councilmember Bolkcom
was concerned that if the City did not want to participate they had to
give a six-month notice, before June 1.
Mayor Lund
thought that item number two addressed this issue saying a written notice must be
received no later than June 1.
Councilmember Saefke
asked what the alternative would be; if the City pulled out, they would
have to buy their own equipment which would be more money than the contract.
Councilmember Bolkcom
said the issue is the cost.
Councilmember Saefke
agreed but it is far less than purchasing our own machines.
Councilmember Bolkcom
said we need to be aware of this to put it on the April or May agenda.
Mayor Lund
said the notification will be on record and they would notify Council in a timely
manner of any increases.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2012 PAGE 12
Ms. Reichert
said the contracts are annual contracts from January through December. They will
receive notification from the vendor of what the costs will be. If the City wanted to do its own
election, it would take more than six months. The cost will be known in advance so the City will
be able to budget for the following year.
Councilmember Bolkcom
asked what non-electronic ballot markers were.
Ms. Reichert
answered that would be pens or marking devices.
Councilmember Bolkcom
asked what test decks were.
Ms. Reichert
said that test decks were a set of ballots for each precinct out of print stock with
predetermined results that are marked and run through the Ballot Tabulator to ensure the results
are accurate.
Councilmember Bolkcom
asked on page 6, Item 6.1.1-6.1.5, related to assuming costs and
productions if this is what the cost is now.
Ms. Reichert
answered yes; the City does all of those right now.
Councilmember Bolkcom
asked what was meant in 7.6.
Ms. Reichert
explained it is the County’s responsibility to determine how much of the ballot
will be used for each jurisdiction. The cost will be passed along for the printing of the ballot for
each jurisdiction. This is the current procedure and is nothing new.
Councilmember Bolkcom
asked how the equipment and insurance is handled on page eight. If
we break it, we pay for it; if it goes out of our storage area to another part of the County is it
tested when it comes back to make sure it is still in good condition? How is the equipment
handled if it gets borrowed out?
Deb Skogen,
City Clerk, said the City borrows equipment to School District 14 and it has never
been tested when it comes back. Annual maintenance is done on them to ensure they are
working properly. We could do a maintenance check upon return of the equipment.
Councilmember Bolkcom
asked what page 10, second paragraph #17 meant.
Ms. Reichert
said if there are defects in the equipment, the City would not come back to the
County for repair or replacement. The County would deal with the vendor for defects to
equipment.
Darcy Erickson
, City Attorney, added this limits the County’s liability, and the City can
terminate the agreement if that is what the City wants to do. The County is not responsible to
ensure the equipment, but the City has the right to go against the vendor if the City would like to
do so. The County’s liability is to terminate the agreement so the City could go out on their own.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2012 PAGE 13
Ms. Reichert
added that the County does not want to be responsible for defective machines but
the City can go against the vendor for defective machines.
Councilmember Bolkcom
asked why the County will not work with vendor.
Attorney Erickson
replied that it is their obligation to work with the machines, but they do not
want to assume liability on behalf of the vendor for machines the vendor has repaired
improperly.
Councilmember Bolkcom
asked if there were liability issues.
Attorney Erickson
said they do not want to be sued by Fridley, so if the City wants to sue
someone, sue the vendor. If Fridley does not want to do business with Anoka County they can
terminate the agreement. If there is a defective machine the County is not liable.
Councilmember Bolkcom
said so the County is not liable if they know something is wrong with
the machine? What does this say as far as the City?
Attorney Erickson
said that this will not indemnify the City for failure to perform of these
machines. If the City got sued because of defective voting equipment the County is not liable.
Councilmember Bolkcom
asked on page 11, #19, is it common practice for the City to maintain
all material related to the machines?
Attorney Erickson
answered yes.
Councilmember Bolkcom
asked what the jump in price was from 2013 to 2014; it seemed like
more than 5%.
Ms. Reichert
said the estimates did not include maintenance which would not happen in the first
year due to the warranty. The second year includes maintenance fees. Some counties negotiate a
longer warranty which would make fees lower the first few years.
Councilmember Bolkcom
asked the price of a voting machine.
Ms. Reichert
replied that a ballot counter is $6,250, and with shipping and tax it is $6,870 per
precinct. The maintenance software agreement is $430 per precinct.
Ms. Reichert
said it is in the County’s best interest that equipment is functioning properly and it
is not good for us to not uphold this agreement.
Councilmember Bolkcom
asked if most cities are going to this.
Ms. Reichert
replied yes; 31 entities, all of Anoka cities and School Districts.
Councilmember Bolkcom
asked if any liability issues were anticipated with the increased costs.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2012 PAGE 14
Attorney Erickson
answered no; this is the best alternative available for the City. It is not
feasible for the City to go out on its own.
Ms. Skogen
said this is better than the year 2000, because the City paid for all the equipment.
Part of this is paid with a grant, the County pays 55%, the City 25%, and the School District
15%. Based on population, this is much more equitable than if cities purchased equipment
individually.
Councilmember Varichak
asked what the City would do with the old equipment.
Ms. Reichert
said it would be negotiated with the vendor. They may take the equipment and use
it for parts for new machines.
MOTION
by Councilmember Bolkcom to adopt Resolution No. 2012-90. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
12.First Reading of an Ordinance Amending Chapter 205, Section 205-03, Defining
“Crematory,” Mortuary” and “Retort” and Section 205.15, Allowing “A Crematory
in Conjunction with a Mortuary: as an Accessory Use in the C-3, General Shopping
Zoning District (Text Amendment Request, TA #12-02, by Miller Funeral Home)
Scott Hickok,
Community Development Director, stated petitioner is seeking a text amendment
to add language to the C-3, General Shopping zoning district; that would allow a crematory as an
accessory to the mortuary use at the subject property, which is located at 6210 Hwy 65. The text
amendment includes adding the definitions of Crematory, Mortuary and Retort. Conditions
placed on accessory use include:
Crematory must be licensed annually by the State of Minnesota Department of
Health.
Crematory must be inspected annually by the State of Minnesota Department of
Health.
Emissions from the operation of the retort must meet State of Minnesota Pollution
Control Agency standards.
The retort must be properly maintained and serviced by the manufacturer at
minimum every 18 months.
Mortuary will employ a fully trained, Certified Cremation Technician, capable of
overseeing the operation and maintenance of the crematory and retort equipment.
Mortuary will make copies of State licensure renewals and annual inspection
reports available to the City Building Inspector upon request.
Mr. Hickok
stated staff has determined these conditions are necessary for the proposed
accessory use to be compatible with the purpose and intent of the commercial zoning ordinance.
The Planning Commission held a public hearing for TA #12-02 on November 21, 2012. No
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2012 PAGE 15
members of the public attended the hearing to speak on this issue. The Planning Commission
recommended approval of TA #12-02. No stipulations are attached. The motion carried
unanimously. Staff recommends Council hold the first reading of the ordinance.
Councilmember Varichak
said she tried to Google information and no information came up on
mercury for people’s teeth. She is hoping to find information on that before the next reading
because she is concerned about that. There are all kinds of things that cause pollution and create
emissions. She cannot say it pertains to crematory or retorts, but she is concerned about that
item.
Councilmember Bolkcom
asked how soon the second reading needed to take place. She has
not had a lot of time to investigate this.
Mr. Hickok
said it is important that Council is comfortable with their decision. The second
reading can happen when Council is ready. The building permit cannot be issued without correct
zoning, so it is important to act within the guidelines or 60 days. If an extension is requested, it
is 120 days. Staff is okay acting on the second reading January 28. The first 60 days started on
December 17 to act on the second reading.
Councilmember Barnette
had questions about mercury too.
Councilmember Bolkcom
did not feel she had enough information to ask questions tonight.
Councilmember Saefke
said that people do not want a crematory in their neighborhood. We
have to have faith in the EPA and MPCA setting the rules and regulations. People are concerned
about mercury and he Googled it and found conflicting information. He does not have a problem
with this.
Councilmember Varichak
said she has not had time to call neighbors about their concerns and
get a global picture for herself and her wellbeing.
Councilmember Bolkcom
said she would like to have the second reading on January 28.
Councilmember Saefke
was concerned this would delay construction.
Mr. Asmus,
Miller Funeral Home, said a few weeks’ delay was not a concern.
Councilmember Saefke
said petitioner has cooperated significantly with staff on getting
amendment revisions passed before seeking a permit.
MOTION
by Councilmember Varichak to waive the first reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, COUNCILMEMBER BARNETTE, COUNCILMEMBER
VARICHAK, COUNCILMEMBER SAEFKE AND MAYOR LUND VOTING AYE,
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2012 PAGE 16
COUNCILMEMBER BOLKCOM VOTING NAY, MAYOR LUND DECLARE THE
MOTION CARRIED ON A 4 TO 1 VOTE
.
MOTION
by Mayor Lund to schedule the second reading on January 7. Seconded by
Councilmember Barnette.
Councilmember Bolkcom
said that it is not realistic to bring the second reading back on
January 7 with the holidays.
UPON VOICE VOTE, MAYOR LUND, COUNCILMEMBER SAEFKE VOTING AYE,
COUNCILMEMBER BARNETTE, COUNCILMEMBER VARICHAK AND
COUNCILMEMBER BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE
MOTION FAILED ON A 3 TO 2 VOTE.
MOTION
by Councilmember Varichak to hold the second reading on January 28. Seconded by
Councilmember Bolkcom.
UPON VOICE VOTE, COUNCILMEMBER BARNETTE, COUNCILMEMBER
VARICHAK AND COUNCILMEMBER BOLKCOM VOTING AYE AND MAYOR
LUND AND COUNCILMEMBER SAEFKE VOTING NAY, MAYOR LUND
DECLARED THE MOTION CARRIED ON A 3 TO 2 VOTE.
13.Approve Change Order No. 1 for 2012 Sanitary Sewer Lining Project No. 416.
Layne Otteson
, Assistant Public Works Director, stated that this change order revises the scope
of this project. It includes the following five items.
1.Item #1 is for quantity reduction in 8” diameter pipe lining. Staff reviewed the most
critical needs of the 8” pipe segments and determined that a short segment scheduled for
lining can be deferred to an upcoming sewer lining project. The original quantity was
reduced from 1,098 to 950 lineal feet. This resulted in a contract reduction of $4,736.00.
2.Item #2 is for quantity reduction in 21” diameter pipe lining. Staff reviewed the most
critical needs of the 21” pipe and determined that the segments under 694 and Main
Street should be prioritized. Staff determined that 2 segments shall be deferred to the
2013 sewer lining project. The original quantity was reduced from 2,968 to 2,305 lineal
feet. This resulted in a contract reduction of $48,399. 00.
3.Item #3 is for additional costs for by-passing of the 21” diameter sewer pipe. The
Contractor explained that fixed by-pass costs were spread out per lineal foot and the
reduced scope results in unrecoverable costs. After several lengthy discussions, staff
concurred with the Contractor’s justification but at a significantly less cost than
requested. This resulted in a contract increase of $1,500.00.
4.Item #4 is for additional costs to install a 21” pre-liner under Interstate 694. The high
flow rate and high by-pass costs prohibited City sewer staff from performing a thorough
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2012 PAGE 17
inspection prior to project design. The Contractor began to by-pass flow and clean the
pipe in preparation for the liner installation. High infiltration was observed. The
Contractor and staff closely reviewed the condition of the pipe and found that joints had
separated enough that the liner alone may not provide long-term performance and
elevating the risk of a settlement to Interstate 694. The project was delayed several weeks
until a pre-liner was fabricated and delivered. Staff had previously discussed by-passing
the flow and inspecting the line, but costs were not considered feasible. This resulted in a
contract increase of $7,105.85.
5.Item #5 is for material costs of 8” felt liner on 53rd Avenue (4th Street to University
Avenue). This segment was included in the project and scheduled for installation after the
Interstate 694 lining segment. Additional costs of the 21” pre-liner under Interstate 694
rd
necessitated that the deletion of 53 Avenue lining. The contractor had already received
the custom designed for this segment on a project. The liner material was received by the
City and anticipates utilizing the liner in the future. This resulted in a contract increase of
$1,170.40.
Mr. Otteson
stated the revised contract amount of $226,791.25 exceeds the estimated amount of
$221,970.00 but savings on other sewer projects have made additional funding available. All
costs for this project will be paid using Sewer CIP funds. Staff recommends the City Council
approve Change Order No. 1 (Final) to Lametti and Sons, Inc., in the amount of -$43,358.75.
The revised contract amount shall be decreased from $270,150.00 to $226,791.25.
Councilmember Bolkcom
asked if the project was decreased to keep it under budget.
Mr. Otteson
said now it is close to where it was expected to be. They will push work off one
year or two years and group with other projects. This time of year there are issues with freezing
up of trucks, and the work has to be done in 32 degrees or higher.
MOTION
by Councilmember Bolkcom to approve Change Order No. 1 for the 2012 Sanitary
Sewer Lining Project No. 416. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
14.Resolution Certifying Final Tax Levy Requirements for 2013 to the County of Anoka
Darin Nelson,
Finance Director, stated the proposed final levy equals $11,252,481 or 5.13%
more than the 2012 levy. This proposed final levy complies with the City Charter requirements
regarding inflationary increases and public disclosure, and is the same amount that was presented
by the City Manager at last week’s Truth in Taxation meeting. It should be noted that the final
levy has been reduced from the preliminary levy approved in August. The reduction amounts to
$18,193 and is attributable to lower than anticipated interest rates for the capital equipment notes
that were issued this past fall.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2012 PAGE 18
Mr. Nelson
stated staff is recommending approval of the attached resolution levying taxes in the
amount of $11,252,481 for the 2013 budget year.
William Burns,
City Manager, said the explanation for changes in residential property taxes has
to do with the market value exclusion. The State used to have a marketed value homestead
credit; the lower value homes were shifted to taxpayers. This has an impact on higher value
residential properties.
MOTION
by Councilmember Saefke toadopt Resolution No. 2012-92. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
15.Resolution Adopting the 2013 Final Budget.
Darin Nelson,
Finance Director, stated the City held its required Truth in Taxation meeting at
the December 3 City Council meeting. During this meeting, the City Manager delivered the
2013 budget message. At the conclusion of the budget message, the Mayor opened the meeting
for public comment. The certification of the “Final Budget” must be to the County Auditor by
December 28.
Mr. Nelson
stated the City has complied with appropriate sections of the City Charter that
require certain formats and information be contained within the budget document. This
resolution adopting the 2013 Budget will finalize the budget process. The final 2013 budget
document can be obtained at the following locations once final budget documents are prepared:
the Anoka County Library, City Hall (Finance Department), and the City’s Website. The City
Manager’s budget message is also on the city’s website. If anyone should have any additional
questions that relate to the 2013 budget, please contact Darin Nelson, Finance Director at 763-
572-3520.
Mr. Nelson
said since there are no further open issues to resolve as a result of the public
meeting, Staff is presenting the 2013 budget resolution for your approval. Staff recommends
Council’s approval.
MOTION
by Councilmember Saefke to adopt Resolution No. 2012-93. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
16.Resolution Providing for Water Rate Change.
Darin Nelson,
Finance Director, stated Item Nos. 16, 17, and 18 will be presented together but
voted on separately.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2012 PAGE 19
Mr. Nelson
stated last year, staff developed 20-year projections to aid in forecasting what future
rate increases are needed to sustain operations and capital outlay for all three of the City’s
utilities--water, sewer and storm water). Staff presented a multi-year plan to increase rates in
order to reach both short and long term goals. At our last budget study meeting in October,
Council and staff reviewed both five and twenty-year projections. These projections were again
based on both short and long-term goals as well as certain assumptions.
Mr. Nelson
reviewed the Short-term and Long-term Goals:
Short-term Goals:
Maintain sufficient cash balances to meet operating and debt service obligations.
Build cash balances to cover yearly capital outlay related to routine repair and
reconstruction.
Long-term Goals:
Financial sustainability.
Debt elimination, other than large nonrecurring items.
Low to moderate rate increases.
Long-term projections for each utility:
Assumptions:
Projected cash balances equals
6 months operating
Next year’s debt service
Current year’s capital outlay (normal repair and maintenance only)
2% to 4% annual expenditure increases.
Water consumption at the 2011 levels
MCES charge at the 2013 budget level, adjusted annually for 2% inflation.
Mr. Nelson
stated that as difficult as it is to raise rates in these economic times, the long-term
effect of not raising rates enough to meet current and future obligations will be more detrimental.
Staff recommends continuing with the second year of the multi-year plan to stabilize utility fund
balances.
Water – 8% or $11.83 per year for the average resident
Sewer – 7.5% or $21.83 per year for the average resident
Storm – 4% or $0.73 per year for a residential property.
For the average user these increases total of $34.39 per year or $8.60 per quarter.
Mr. Nelson
stated that staff is recommends approval of the following resolutions
Resolution Providing for a Water Rate Change;
Resolution Providing for a Sewer Rate Change;
Resolution Providing for a Storm Water Drainage Rate Increase.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2012 PAGE 20
Councilmember Barnette
said that residents’ average monthly increase will be $2.87. That’s
not a bad deal.
Councilmember Bolkcom
asked where Fridley stands for utility rates compared to other
communities.
Mr. Nelson
replied that historically Fridley was on the bottom and are now third from the
lowest.
William Burns
, City Manager, noted that Fridley is higher on sewer partly due to the MCDES
study.
MOTION
by Councilmember Saefke toadopt Resolution No. 2012-94. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
17.Resolution Providing for a Storm Water Drainage Rate Increase
MOTION
by Councilmember Saefke toadopt Resolution No. 2012-95. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
18.Resolution Providing for Sewer Rate Change
MOTION
by Councilmember Saefke toadopt Resolution No. 2012-96. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
19.Resolution Approving Recycling Service Fees.
Kay Qualley
, Environmental Planner, stated staff reviews the curbside recycling program
revenues and expenses to set an appropriate recycling service fee on City utility bills for the
upcoming year. Based on revenues and expenses, staff proposes increasing the utility billing fee
the maximum allowed by the City Charter. In 2013, the maximum allowable increase is 3.61
percent.
Ms. Qualley said revenues are generated in majority from the Solid Waste Abatement Program
(SWAP) fee on the utility bill; and in lesser amounts from the state SCORE grant funds for
qualified recycling expenses. Revenue from the State SCORE grant is variable each year and not
guaranteed. In 2012, residents paid $ 7.17 per household in quarterly recycling fees on their
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2012 PAGE 21
utility bills. Expenses in the SWAP fund include the curbside recycling service, recycling drop-
off events, personnel and public education, with the curbside recycling contract generating the
largest expense. The 2012 recycling contract fee was $7.05 per residential dwelling per quarter.
Ms. Qualley
stated that staff recommends the City Council adopt the attached resolution,
directing staff to increase the SWAP recycling service fee by 3.61 percent to $7.43 per quarter,
effective with the first utility billing of 2013.
Councilmember Bolkcom
asked if there has been an increase in recycling since the one sort
was put in place.
Ms. Qualley
said that over a 4-5 month span there has been an increase of 16%. Fridley is close
to meeting recycle goals if people recycle during the upcoming holidays.
MOTION
by Councilmember Saefke to adopt Resolution No. 2012-97. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
20.Resolution Creating a Council Policy Regulating Gifts, Donations and Sponsorships to
the City of Fridley.
Darin Nelson,
Finance Director, stated each year the City of Fridley receives donations from
many different sources including private and non-profit organizations as well as individuals.
These donations are instrumental in providing specific program and services or enhancing the
way of life in Fridley. In the past, donations have been approved by individual departments and
in some instances the Council has also formally accepted donations. MN State Statute 465.03
requires municipalities governing board to accept all donations.
Mr. Nelson
stated that to ensure openness and that these items become part of the public record,
staff has developed a new policy to provide for the acceptance of gifts, donations and
sponsorships that is keeping with the mission, philosophy and policies of the City of Fridley.
The Goals of the policy include:
Ensuring the acceptance of any donation is given solely for the benefit of the
community with no expectation or perception that the City itself will then provide
business or others.
Ensuring donations and sponsorships are meeting a need of the city and are
promoting the intentions of the event.
Council acceptance by a 2/3’s majority.
Towards the end of each year, staff will prepare a complete list of donations. Staff recommends
Council’s approval.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2012 PAGE 22
CouncilmemberSaefke
asked for a correction on page 85 Attachment 1 to read Merchandise
“or” equipment to be consistent with the other bullet.
Councilmember Bolkcom
asked what would happen if something came through at the end of
year and Council did not approve it.
Mr. Nelson
replied that if a controversial item came forward staff would bring it before Council
to accept. Most items are cash and not controversial.
Councilmember Bolkcom
asked what happens if something was accepted and then not
approved.
Mr. Nelson
answered that it would be returned back to the donor.
Councilmember Bolkcom
asked what happens if a business donates an item and it is distributed
like a prize.
Mr. Nelson
answered that if there is a possibility of the donation not being approved, staff would
bring it forward to Council prior to accepting the donation.
Councilmember Bolkcom
asked about the language on the third paragraph if it had to read “will
be.” She said that is pretty strong language, could it be changed to may be?
Mr. Nelson
replied it could be changed; but it is in the best interests of the City to recognize
sponsors.
Councilmember Varichak
noted on page 84 of the Resolution the fourth WHEREAS “gives”
should be “gifts.”
MOTION
by Councilmember Varichak toadopt Resolution No. 2012-98. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION
by Councilmember Varichak to amend the correction of “gives” to “gifts” in fourth
“WHEREAS” section. Also Attachment 1 change Merchandise “or” equipment to be consistent
with the other bullet. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2012 PAGE 23
21.Resolution Approving the 2012 Gifts, Donations and Sponsorships to the City of
Fridley.
Councilmember Bolkcom
asked if EMSCO should be spelled out.
Mr. Nelson
answered that is the business name.
MOTION
by Councilmember Varichak toadopt Resolution No. 2012-99. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
22.Informal Status Report.
There were no reports.
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 10:45
P.M.
Respectfully Submitted,
Krista Monsrud Scott J. Lund
Recording Secretary Mayor