CCM 04/08/2013
CITY COUNCIL MEETING
CITY OF FRIDLEY
APRIL 8, 2013
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 Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT
: Darin Nelson, Interim City Manager
James Kosluchar, Public Works Director
Darcy Erickson, City Attorney
Debra A. Skogen, City Clerk
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES
:
City Council Meeting of March 25, 2013
REMOVED AND PLACED ON THE REGULAR AGENDA.
Special City Council Meeting of March 29, 2013
REMOVED AND PLACED ON THE REGULAR AGENDA.
NEW BUSINESS
:
1. First Reading of an Ordinance Amending the Fridley City Charter, Chapter 4,
Nominations and Elections.
Darin Nelson
, Interim City Manager, stated at the last Council meeting on March 25, a public
hearing was held regarding a proposed ordinance amending Chapter 4 of the Fridley City
Charter. There were no recommended changes from the public hearing. Staff recommends
Council’s approval.
WAIVED THE READING OF THE ORDINANCE AND ADOPTED THE ORDINANCE
ON FIRST READING.
FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 2013 PAGE 2
2. Receive the Minutes from the Planning Commission Meeting of March 20, 2013.
RECEIVED.
3. Special Use Permit Request, SP #13-04, by Scenic Sign Corporation for Sam’s Club,
to Allow an Electronic Gas Pricing Sign on the Canopy at the Gas Station,
Generally Located at 8150 University Avenue N.E.;
and
Resolution Approving Special Use Permit, SP #13-04, Scenic Sign Corporation, on
Behalf of Walmart, the Property Owner of Sam’s Club, Located at 8150 University
Avenue N.E. (Ward 3).
Darin Nelson,
Interim City Manager, stated at the March 20, 2013, Planning Commission
meeting, a public hearing was held for SP #13-04. After a brief discussion, the Planning
Commission recommended approval with the four stipulations. Staff recommends
Council’s approval.
ADOPTED RESOLUTION NO. 2013-22, WITH THE FOLLOWING STIPULATIONS:
1. THE PETITIONER SHALL OBTAIN SIGN PERMIT AND CURRENT
SIGN ERECTOR LICENSE PRIOR TO INSTALLING ANY SIGNAGE
ON SITE.
2. MESSAGE ON L.E.D. SIGN SHALL NOT CHANGE MORE OFTEN
THAN AUTHORIZED UNDER SECTION 214.07 OF THE FRIDLEY
CITY CODE.
3. MESSAGE ON L.E.D. SIGN SHALL NEVER FLASH OR HAVE MOTION
THAT MAY DISTRACT VEHICULAR TRAFFIC IN THE AREA.
4. PER SECTION 205 OF THE FRIDLEY CITY CODE, THIS SPECIAL USE
PERMIT WILL BECOME NULL AND VOID ONE YEAR AFTER THE
CITY COUNCIL APPROVAL DATE IF WORK HAS NOT COMMENCED
OR IF THE PETITIONER HAS NOT PETITIONED THE CITY COUNCIL
FOR AN EXTENSION.
4. Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement
for Bids: 2013 Water Main Project No. 427.
Darin Nelson,
Interim City Manager, stated the proposed project rehabilitates an existing six-
inch water main on Matterhorn Drive from Gardena Avenue to 1,250 feet south of that point.
The Water Division has identified an unusually high concentration of water breaks along this
segment. Because of the history, age, and composition of pipe material, staff has determined this
FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 2013 PAGE 3
segment to be a top priority for 2013. Staff has also determined the most cost-effective method
to rehabilitate this segment is to use trenchless technology rather than conventional open trench
excavation.
Mr. Nelson
stated the estimated cost of this project is $135,000 which is under the $150,000
budget allotment in the water fund for distribution system rehabilitation. Staff recommends
approving the resolution to prepare final plans and specifications and calling for bids. Note the
last line of the resolution should state Project No. 427, not 404.
Councilmember Bolkcom
asked how many breaks they have had.
James Kosluchar
, Public Works Director, replied on the Matterhorn segment of the water main,
there have been 14 water main breaks in the last 4 years, but 7 breaks in the last 10 years is
actually a rate of 16 times the City’s average breakage per mile.
Councilmember Varichak
asked if that was on both sides of the street.
Mr. Kosluchar
replied the water main runs on the west side of the street. It is roughly
underneath the curb and crosses several driveways on the west side. That is why they decided
trenchless was a better option. They will have to dig pits, but at least they can hopefully
minimize the disturbance to the area.
ADOPTED RESOLUTION NO. 2013-23.
5. Approve 2013-2014 Liquor License Renewals.
Darin Nelson,
Interim City Manager, stated all on-sale intoxicating liquor license
establishments, 3.2% on-sale and wine and club on-sale intoxicating liquor licenses up for
renewal have all provided the necessary insurance, bonds, and CPA statements documenting
food-to-liquor sales.
Mr. Nelson
stated all establishments comply with the City Code requirements of 40 percent
food/60 percent liquor sales. The Police Department found no major issues that would prevent
these establishments from receiving a renewal for on-sale liquor licenses. The on-sale 3.2% malt
liquor license and wine license for Paradise Biyani Pointe were approved by the City Council on
January 7, 2013, and issued for the license year of February 1, 2013, through the end of April,
2013. Because the City could not extend their license through April 30, 2014, and they have a
limited history, staff determined they did not need to reapply for a renewal at this time. They
have paid their fees for this new year and have completed a State renewal application.
Mr. Nelson
stated staff recommends approval of the licenses, including Attachments 1 and 2.
THIS ITEM WS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE
REGULAR AGENDA.
FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 2013 PAGE 4
6. Claims (158966 - 159160)
APPROVED.
7. Licenses
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
8. Estimates
Midwest Asphalt Corporation
5929 Baker Road
Suite 420
Hopkins, MN 55345
2012 Street Rehabilitation Project No. ST2012-01
Estimate No. 8............................................................................$ 18,771.00
APPROVED.
APPROVAL OF CONSENT AGENDA
:
Councilmember Bolkcom
asked that the City Council Meeting Minutes, Special City Council
Meeting Minutes, and Item No. 5 be removed and placed on the regular agenda.
MOTION
by Councilmember Barnette to approve the proposed consent agenda with the
removal of the City Council Meeting Minutes, Special City Council Meeting Minutes and Item
No. 5. 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 Varichak to approve the agenda with the addition of the City
Council Meeting minutes, Special City Council Meeting minutes, and Item No. 5. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM
:
No one from the audience spoke.
FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 2013 PAGE 5
NEW BUSINESS
:
9. First Reading of an Ordinance Amending Chapter 5, Initiative, Referendum and
Recall.
Debra A. Skogen,
City Clerk, stated this is the first reading of an ordinance amending Fridley
City Charter, Chapter 5, Initiative, Referendum and Recall. The Charter Commission reviewed
the Fridley City Charter, Chapter 5, after changes were made to the 2010 Minnesota Election
Laws. Minnesota Statutes Section 410.12, Subd. 7, allows the Charter Commission to
recommend an amendment by ordinance for the City Council to adopt by unanimous vote,
provided a public hearing is held.
Ms. Skogen
stated the City Council held the public hearing on March 25 and took testimony
from the public. The City Council recommended the following changes to the ordinance:
Section 5.03 should read, “A petition shall be circulated by a registered voter of the City. A
petition shall be signed by registered voters of the City.” In addition to this change, the Charter
Commission recommended adding another bullet point requiring a circulator to sign the petition
that would be added as bullet point No. 1 in Section 5.03.
Ms. Skogen
stated Sections 5.06, 5.12, and 5.18 have been changed for consistency. It is
regarding notifying one or more members of the petition committee, and the word “sponsor” is
removed. Further down, calculation of the 10 days begins on the date the letter is postmarked.
The last sentence would read, “The City Clerk shall notify one or more members of the petition
commission of that fact.”
Ms. Skogen
stated in addition, the City Council, had requested the Charter Commission review
Section 5.07 to make it less confusing. The Charter Commission met on April 1. They agreed
changes were needed and recommended the following changes: As to Section 5.07, they
recommended deleting all current language and creating two sections. Section (A) would be
directions in regard to a completed petition with signatures under 25 percent and Section (B)
would be a completed petition with signatures of 25 or more percent.
Ms. Skogen
stated under Section (A), initiative petition signatures not less than 15 percent but
not less than 25 percent, the ordinance will be transmitted to the Council to schedule a public
hearing. If the Council passes the ordinance in the same form it was submitted, it shall become
effective. If Council fails to pass, or passes it in a different form, and it is unsatisfactory to a
majority of the petition committee, the proposed ordinance shall then be submitted to the
electorate at the next regular municipal election.
Ms. Skogen
stated under Section (B), for signatures of 25 percent or more, the directions are
pretty similar. The ordinance is transmitted to the Council to schedule a public hearing. If the
Council passes the ordinance, it shall become effective. If Council fails to pass the ordinance, it
shall be submitted to the electorate at the next regular municipal election if it is received by July
1 of an even year, or to a special election if it is received after July 1 of an even year or during an
odd year.
FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 2013 PAGE 6
Ms. Skogen
recommended holding a first reading on this ordinance.
Mayor Lund
asked, regarding page 63, under staff’s recommendation, it states, “to allow for
public comment.” This is not a public hearing.
Ms. Skogen
replied, no, it is not, and that can just be removed.
MOTION
by Councilmember Saefke to waive the reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
5. Approve 2013-2014 Liquor License Renewals.
Councilmember Bolkcom
stated under the VFW entry, it says “high number of calls due to
false alarms; business billed; problem corrected.” She assumes they have taken care of their
false alarms and figured them out?
Mr. Nelson
replied, that is correct. They did have a number of false alarms. They were having
a problem, and they did get it corrected.
Councilmember Bolkcom
stated and then it says, “charging fee for cribbage; advised.” Her
understanding is they were charging people to play cribbage which they cannot do and were
advised to stop. Is that correct?
Mr. Nelson
replied, he did speak with Captain Rewitzer and was told that is correct. They have
been advised to stop partaking in that activity.
Councilmember Bolkcom
stated regarding the Applebee’s entry, it is the same thing. False
alarms.
Mr. Nelson
replied, yes.
Councilmember Bolkcom
stated she believed they are still watching the Billiard Street Café
(Two Stooges) because they have had calls but they have reduced from last year.
MOTION
by Councilmember Bolkcom to approve the 2013-2014 Liquor License Renewals.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF APRIL 8, 2013 PAGE 7
APPROVAL OF MINUTES
:
City Council Meeting of March 25, 2013
Councilmember Bolkcom
stated on page 9, paragraph 8, second sentence, it should read
“registered” voters. On page 8, paragraph 4, “post marked” should be “postmarked.”
Special City Council Meeting of March 29, 2013
Councilmember Bolkcom
stated on the first page her name is misspelled. It should read “Ann”
instead of “Anne.”
MOTION
by Councilmember Bolkcom to approve the minutes from the City Council Meeting
of March 25, 2013, and the minutes of the Special City Council Meeting of March 29, 2013, as
corrected. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
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 7:52
P.M.
Respectfully submitted,
Denise Johnson Scott Lund
Recording Secretary Mayor Lund