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CCM 10/22/2001 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOBER 22 ,2001 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Bolkcom, Councilmember Billings, Councilmember Wolfe. MEMBERS ABSENT: None. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Billings to approve the Proposed Consent Agenda as amended with Item No. 1 placed after Item No. 16. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES: City Council Meeting of October 8, 2001. APPROVED. OLD BUSINESS: 1. SECOND READING OF AN ORDINANCE AMENDING CHAPTER 213 OF THE FRIDLEY CITY CODE PERTAINING TO ALLOWING BARBED WIRE FENCING IN CERTAIN ZONING DISTRICTS: Mr. Burns, City Manager, stated that ordinance will allow barbed wire fences under certain conditions in public, industrial, and commercial areas. The barbed wire must be used on top of an eight-foot fence and may consist of up to three strands of barbed wire attached to standard barbed wire arms. A barbed wire fence may be used where necessary to protect the defense contractors and to protect outdoor sales lots. Additionally, barbed wire may be used in other temporary configurations with the City's approval. Staff recommended approval of the second and final reading with two minor corrections. They are changes in syntax. The first change is in the first paragraph and FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22,2001 PAGE 2 the second change is a change in numbering, not substantive, with condition #4 changed to a separate paragraph. Councilmember Billings stated that he would like this removed item removed for clarification. THIS ITEM WAS REMOVED FROM PROPOSED CONSENT AGENDA FOR DISCUSSION. NEW BUSINESS: 2. SCHEDULE A PUBLIC HEARING FOR NOVEMBER 5, 2001, TO CONSIDER AN ORDINANCE AMENDING CHAPTER 506 OF THE FRIDLEY CITY CODE PERTAINING TO UNATTENDED VEHICLES: Mr. Burns, City Manager, stated that staff is proposing to change the ending date of the winter parking ban from May 1 to April 1. Staff recommended setting a public hearing in this matter for November 5, 2001. SCHEDULED A PUBLIC HEARING FOR NOVEMBER 5,2001. 3. RESOLUTION NO. 54-2001 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND FOR JANUARY THROUGH SEPTEMBER,2001: Mr. Burns, City Manager, stated that this resolution was generated by unforeseen changes in expenditures and revenues. The General Fund amount changes to $7,094. Most of the increase is an expenditure for imaging equipment as a complement to the new police booking facility used by Fridley and Columbia Heights Police Officers. The other change is in the Capital Improvements Fund that arose as a result of unanticipated expenditures for extensive boulevard reconstruction. The additional expenditure is $43,725. Staff recommended approval of this resolution. ADOPTED RESOLUTION NO. 54-2001. 4. RESOLUTION NO. 55-2001 CERTIFYING CERTAIN DELINQUENT UTILITY SERVICES TO THE COUNTY AUDITOR FOR COLLECTION WITH THE 2002 TAXES: Mr. Burns, City Manager, stated that the amount being certified is $152,037.67. This includes $138,215.96 for unpaid bills and $13,822 in additional penalties that would be applied to 348 customer accounts. Staff recommended approval of this resolution. ADOPTED RESOLUTION NO. 55-2001. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22,2001 PAGE 3 5. APPROVE AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF FRIDLEY AND HOLSTAD AND KNAAK,P.L.C.: Mr. Burns, City Manager, stated that this is an agreement for legal services by the City's Attorney, Fritz Knaak. Our current contract for legal services expires at the end of this year. The proposed contract is identical to the current contract with the exception that it provides for a monthly rate increase of $450 or nine percent (9%) over the life of the contract. The total monthly rate is $5,450. Given the quality of service Mr. Knaak has provided, staff recommended Council's approval of the contract extension APPROVED AGREEMENT. 6. APPROVE AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF FRIDLEY AND NEWQUIST & EKSTRUM, CHARTERED, AND CARL J. NEWQUIST: Mr. Burns, City Manager, stated that the proposed contract is the same as the existing contract with the exception that the rate would be at $90 per hour compared with $80 over the life of the agreement. With the quality of the work performed, staff recommended Council's approval of the contract extension. APPROVED AGREEMENT. 7. APPROVE PAYMENT TO THE MINNESOTA ASSOCIATION OF COMMUNITY TELECOMMUNICATIONS ADMINISTRATORS (MACTA) IN THE AMOUNT OF $485.44. Mr. Burns, City Manager, stated that MACTA has asked for the contribution to be able to continue to assist in lobbying at the State legislature. The legislature may move control of cable franchise administration from the local to the state level. In view of the importance of maintaining our ability to administer our local cable franchise, staff recommended Council's approval. APPROVED PAYMENT TO THE MINNESOTA ASSOCIATION OF COMMUNITY TELECOMMUNICATIONS ADMINISTRATORS (MACTA). 8. RESOLUTION NO. 56-2001 DESIGNATING TIME AND NUMBER OF COUNCIL MEETINGS FOR 2002. APPROVED RESOLUTION NO. 56-2001. 9. CLAIMS: APPROVED CLAIM NOS. 101963 - 102186. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22,2001 PAGE 4 10. LICENSES: _ APPROVED ALL LICENSES AS SUBMITTED. 11. ESTIMATES: Dave Perkins Contracting, Inc. 14230 Basalt Street N.W. Ramsey, MN 55303 2001 Street Improvement Project No. ST. 2001 - 1 Estimate No. 7 $66,804.22 Floors by Beckers 805 First Street N.W. New Brighton, MN 55112 Recarpeting the Municipal Center Project No. 339 Estimate No. 1 $49,500.00 Ron Kassa Construction 6605-250th Street East Elko, MN 55020 Miscellaneous Concrete Curb& Gutter & Sidewalk Project No. 338 Estimate No. 5 $5,390.03 ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda with the addition of Item No. 1. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM,VISITORS: No persons in the audience spoke. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22,2001 PAGE 5 PUBLIC HEARINGS: 12. CONSIDERATION OF THE LOCAL LAW ENFORCEMENT BLOCK GRANT: MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:45 P.M. Mr. Sallman, Director of Public Safety, stated that this is about the fifth Local Law Enforcement Block Grant in a row distributed to cities. This year we have been approved for $20,313. The conditions of the grant require an advisory board, which meets with people from the school district and the prosecutor's office. That has already been done. They approved the Police Department's recommendation to hold a public hearing. Staff recommended that the funds for the salary of the Youth Worker for Fridley High School be paid from this grant. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:50 P.M. 13. CONSIDERATION OF THE ASSESSMENT FOR THE 2001 NUISANCE ABATEMENT PROJECT: MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:50 P.M. Mr. Pribyl, Finance Director, stated that this is the annual assessment for those properties that we need to expend the City's resources with respect to items such as clean up pursuant to City Code. There was only one property involved in this assessment. It was for brush clean up and the total amount of the assessment was $366.10. This was assessable only for one year. Councilmember Bolkcom asked if the person was notified of the public hearing. Mr. Pribyl stated that the person was billed for this assessment and the public hearing notice was included for their information. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Billings. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22,2001 PAGE 6 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE _ MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:52 P.M. 14. CONSIDERATION OF THE ASSESSMENT FOR THE STINSON BOULEVARD STREET IMPROVEMENT PROJECT NO. ST. 2001-2: MOTION by Councilmember Wolfe to open the public hearing and waive the reading. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:52 P.M. Mr. Pribyl, Finance Director, stated that this project pertains to the concrete, curb, and gutter portion of the Stinson Boulevard project. The project area extends from Stinson Boulevard to Mississippi Street to 67th Avenue. Eight properties were affected, and the final cost was $15 per front foot. This was done in conjunction with the City of New Brighton. The total assessed cost is $9,600 and the assessment period is ten years at 6.5% interest. It is in compliance with what we have done in past years. MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:54 P.M. NEW BUSINESS: 15. RESOLUTION NO. 57-2001 ADOPTING ASSESSMENT FOR THE 2001 NUISANCE ABATEMENT: MOTION by Councilmember Wolfe to adopt Resolution No. 57-2001. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. RESOLUTION NO. 58-2001 ADOPTING ASSESSMENT FOR THE STINSON BOULEVARD IMPROVEMENT PROJECT NO. 2001 -2: MOTION by Councilmember Wolfe to adopt Resolution No. 58-2001. Seconded by Councilmember Bolkcom. Councilmember Bolkcom asked if letters would be sent to the affected properties. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22,2001 PAGE 7 Mr. Pribyl, Finance Director, stated that letters would be sent with more information to the residents. Councilmember Billings stated that since no affected residents were at the Council meeting for the hearing, that shows the fine job staff did in informing people of assessments for the street project. Public meetings were held so people would know and it was a fine job of communicating. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. ORDINANCE NO. 1160 AMENDING CHAPTER 213 OF THE FRIDLEY CITY CODE PERTAINING TO ALLOWING BARBED WIRE FENCING IN CERTAIN ZONING DISTRICTS: Councilmember Billings stated that the City Manager explained it quite effectively during the consent agenda, but he asked to have it removed so it would be more clear regarding the changes made. MOTION by Councilmember Billings to waive the reading and adopt Ordinance No. 1160 on the second reading and order publication with the following changes to the ordinance: 213.03 PROHIBITION(second paragraph to be deleted): _ "In addition to an eight (8) foot fence, up to three (3) strands of barbed wire, mounted to the top of the (8) foot fence which is not to exceed eighteen (18) inches in height, may be used on standard barbed wire arms designed specifically for that purpose. These barbed wire arms may be used in the P, M-1, M-2, M-3, M-4, C-2, and C-3 districts,under the following conditions: . . ." (replacement paragraph): "In addition to an eight (8) foot fence, up to three (3) strands of barbed wire, which are not to exceed eighteen (18) inches in height, may be affixed to the top of the (8) foot fence and mounted on standard barbed wire arms, designed specifically for that purpose. These barbed wire arms may be used in the P, M-1, M-2, M-3, M-4, C-2, and C-3 districts, under the following conditions: . . ." Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22,2001 PAGE 8 17. INFORMAL STATUS REPORTS: -- Councilmember Billings stated that a letter was sent out late Friday afternoon to the residents regarding an Amtrak train that was scheduled to go through the City of Fridley Tuesday morning. This was a train from Seattle to Virginia. Amtrak Federal Train Operating station was abandoned Friday due to the anthrax threats occurring in Virginia. The train has not left Seattle at this time and the letter states a phone number to call for details. Mr. Burns, City Manager, stated that two separate meetings are coming up on October 30. One is pertaining to meeting the County officials from 4:00 p.m. to 5:30 p.m. at the Shorewood. A tentative meeting is scheduled for an open Council meeting with the Superintendent of School District 14 and the Community Education Director on the possibility of legislation changes with the school district levy. Mayor Lund stated that he attended the Islamic Center's open house on Saturday. It was very enlightening and there were many dignitaries present. He reiterated at the meeting that day of Council's desire to work with the Islamic Center's concerns. They are a valuable resource in the community. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE OCTOBER 22,2001, CITY COUNCIL MEETING ADJOURNED AT 8:05 P.M. Respectfully submitted, Signe L. Johnson/ Scott Lund Recording Secretary Mayor