12/17/2001 - 00009721THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL
OF DECEMBER 17 , 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, and Councilmember Wolfe.
MEMBERS ABSENT: None.
APPROVAL OF PROPOSED CONSENT AGENDA:
MOTION by Councilmember Barnette to approve the Proposed Consent Agenda as presented.
Seconded by Councilmember Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES:
City Council Meeting of December 3, 2001.
APPROVED.
NEW BUSINESS:
1. RECEIVE THE MINUTES FROM THE PLANNING COMMISSION MEETING
OF DECEMBER 5, 2001:
RECEIVED THE MINUTES.
2. SPECIAL USE PERMIT REQUEST, SP #01-13, BY TROY AND ANNA
PEABODY, TO ALLOW A RESIDENCE TO BE BUILT IN A RIVER
PRESERVATION DISTRICT, GENERALLY LOCATED AT 608 CHERYL
STREET N.E. (WARD 3):
Mr. Burns, City Manager, stated that the Planning Commission gave their unanimous
approval to allow a residence to be built in a River Preservation District. Staff
recommended approval subject to thirteen stipulations.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 17, 2001 PAGE 2
APPROVED SPECIAL USE PERMIT REQUEST, SP #01-13 WITH THE
FOLLOWING THIRTEEN STIPULATIONS: 1. PRIOR TO SUBMITTAL OF
BUILDING PLANS, ALL STRUCTURAL AND SOIL ENGINEERING SHALL
BE REVIEWED AND APPROVED BY A STRUCTURAL ENGINEER; 2. ALL
NECESSARY PERMITS SHALL BE OBTAINED FROM THE CITY PRIOR TO
CONSTRUCTION; 3. SIDING AND LANDSCAPING SHALL BE USED TO
MINIMIZE THE IMPACT OF FLOOD-PROOFING MATERIALS; 4. THE
PETITIONER SHALL SUBMIT AN ELEVATION CERTIFICATE AS PART OF
A VERIFYING SURVEY PRIOR TO THE FOUNDATION BEING CAPPED,
WHICH SHALL VERIFY THAT THE MINIMUM FIRST FLOOR ELEVATION
IS 823.9 FEET; 5. THE PETITIONER SHALL FLOOD-PROOF THE GARAGE
IN ACCORDANCE WITH CURRENT FEDERAL AND STATE FLOOD-
PROOFING REQUIREMENTS TO THE MINIMUM OF THE 100-YEAR FLOOD
ELEVATION; 6. PLANTER BOXES SHALL BE INSTALLED AT LEAST FOUR
FEET FROM THE HOME ON BOTH THE EAST AND WEST SIDES. THEY
SHALL BE REVIEWED AND APPROVED BY CITY STAFF PRIOR TO
ISSUANCE OF ANY BUILDING PERMITS; 7. THE PETITIONER SHALL
SUBMIT NEW GRADING AND DRAINAGE PLANS INTEGRATING THE
PLANTER BOXES INTO THE LANDSCAPE AREAS ON THE EAST AND
WEST SIDES OF THE HOME; 8. THE VERIFYING SURVEY SHALL
CONFIRM STIPULATION NO. 7; 9. EROSION CONTROL MEASURES SHALL
BE INSTALLED ALONG ALL LOT LINES PRIOR TO ANY WORK DONE ON
SITE; 10. THE PETITIONER SHALL EXECUTE AND RECORD AGAINST THE
PROPERTY A HOLD HARMLESS AGREEMENT RELEASING THE CITY
FROM LIABILITY IF DAMAGE OCCURS AS A RESULT OF FLOODING; 11.
THE PETITIONER SHALL AGREE TO PRESERVE MATURE TREES TO THE
EXTENT POSSIBLE. ALL TREES REQUIRED TO BE REMOVED FOR THE
NEW HOME SHALL BE MARKED AND APPROVED BY CITY STAFF PRIOR
TO ISSUANCE OF BUILDING PERMITS; 12. THE HEIGHT OF THE
STRUCTURE SHALL NOT EXCEED 30 FEET AS MEASURED FROM THE
TOP OF CURB ELEVATION; AND 13. SPECIAL USE PERMIT APPROVAL IS
DEPENDENT UPON APPROVAL OF VARIANCE #01-15.
3. RESOLUTION NO. 72-2001 APPROVING A PLAT, P.S. #01-04 (SONJA'S
HEATHER HILLS, BY DALE ANDERSEN AND PAUL HILBORN, TO REPLAT
PROEPRTY FOR THE PURPOSE OF FORMALLY RECOGNIZING WHAT
WAS ERRONEOUSLY PERCEIVED TO BE THE LOT LINE BETWEEN THEIR
PROPERTIES, LOCATED AT 6175 HEATHER PLACE AND 1400 KERRY
CIRCLE(WARD 2):
Mr. Burns, City Manager, stated that this is the final plat for the plat approved by Council
on October 8, 2001. Staff recommended Council's approval.
APPROVED RESOLUTION NO. 72-2001.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 17, 2001 PAGE 3
4. RESOLUTION NO. 73-2001 AUTHORIZING THE EXECUTION OF A FLOOD
HAZARD GRANT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND
THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES:
Mr. Burns, City Manager, stated that earlier this year, staff submitted a grant application
to the DNR to fund a second pump for the Riverview Heights Springbrook Creek pump
station. The pump will be sized to handle the full flow of Springbrook Creek and be
automated. The cost of the pump and new control is $60,800. The DNR grant would
cover half of that and we expect another $18,000 to be funded by a FEMA grant. We had
included $20,000 in our 2002 Capital Improvements Plan to cover the remainder. The
State has placed this grant on hold with many other grants but it has been approved. Staff
recommended approval and recommended that the Director of Public Works act as the
City's agent to administer this grant.
APPROVED RESOLUTION NO. 73-2001.
5. APPROVE GIS CONSULTING SERVICES AGREEMENT BETWEEN THE
CITY OF FRIDLEY AND PLANSIGHT LLC:
Mr. Burns, City Manager, stated that this is a motion to approve the consulting agreement
with P1anSight. This is the GIS service we share with Columbia Heights and Andover.
We have been very happy with their services. Staff recommend approval of this
agreement.
APPROVED.
6. APPROVE JOINT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND
THE CITY OF HILLTOP FOR FIREFIGHTING SERVICES:
Mr. Burns, City Manager, stated that this is a two-year agreement with the City of Fridley
and Hilltop for fire suppression, arson investigation services, and compliance inspection.
Staff recommended approval of this joint agreement.
APPROVED.
7. MOTION TO AUTHORIZE THE FRIDLEY SENIOR PROGRAM TO APPLY
FOR CDBG FUNDING FOR THE YEAR 2002 THROUGH 2O03:
Mr. Burns, City Manager, stated that the City of Coon Rapids and Fridley have made a
joint application to Anoka County for $11,433. The money will be used to fund the
Senior Companion Programs. Staff recommended Council's approval.
APPROVED.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 17, 2001 PAGE 4
8. RESOLUTION NO. 74-2001 AUTHORIZING AN INCREASE IN COMPENSA-
TION AND CHANGES IN CERTAIN BENEFITS FOR THE 2002 CALENDAR
YEAR:
Mr. Burns, City Manager, stated that this is to authorize employee cost of living
adjustments for 2002. The resolution provides a four percent (4%) increase in salaries for
2002. The amount is consistent with the rate of inflation in the Twin Cities metro area.
Staff recommended Council's approval.
ADOPTED RESOLUTION NO. 74-2001.
9. APPOINTMENT (CITY EMPLOYEE):
Mr. Burns, City Manager, stated that staff recommended the appointment of Mary Smith
to the City Assessor position. This position came open to replace Ed Hervin who retired.
Ms. Smith performed well during her years of service to Fridley and is the best qualified
person for the job.
APPROVED THE APPOINTMENT OF MARY SMITH TO THE CITY
ASSESSOR POSITION.
10. CLAIMS:
APPROVED CLAIM NOS. 102762-103036.
11. LICENSES:
APPROVED ALL LICENSES AS SUBMITTED.
12. ESTIMATES:
APPROVED ESTIMATES AS FOLLOWS:
Ron Kassa Construction
6005-250th St. East
Elko, MN 55020
Miscellaneous Concrete Curb and Gutter and Sidewalk
Project No. 338
FINAL ESTIMATE $4,545.08
ADOPTION OF AGENDA:
MOTION by Councilmember Billings to adopt the Agenda as presented. Seconded by
Councilmember Bolkcom.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 17, 2001 PAGE 5
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM, VISITORS:
Mr. Jim Glaser, 16 Rice Creek Way, asked if Item No. 13 could be discussed sooner.
Councilmember Bolkcom stated that it was the next item.
Mr. Glaser stated that he lives on the south side of Locke Lake Park and for about three years
there has been a light that constantly is blinking off and on. It is near the walking path that goes
down by the trestle. They have spoken with Councilmember Bolkcom and City workers and
would like to get this fixed. The walking path is getting used more and more every year. He
thought another light is needed closer to the trestle.
Mayor Lund asked Mr. Haukaas if he was aware of the problem with the light.
Mr. Haukaas stated that he was not.
PUBLIC HEARING:
13. CONSIDERATION OF THE EDGE WATER NEIGHBORHOOD STREET
IMPROVEMENT PROJECT NO. ST. 2002-1:
MOTION by Councilmember Bolkcom to open the public hearing and waive the reading.
Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 7:41 P.M.
Mr. Haukaas stated that this project is similar to what has been done for the last several years.
This project will include the addition of concrete curb and gutter, and reconstruction of the
streets. Due to the amount of water main breaks, water main and service replacement is being
proposed for 66 '/z Way between Rice Creek Way and Ashton Avenue. A neighborhood meeting
was held on June 7, 2001.
Councilmember Bolkcom stated that there were a couple of people at that meeting who could
have went either way about the streets being redone. We suggested that they submit a petition,
but we have not received any.
Mr. Haukaas stated that was correct.
Ms. Joy Glaser, 16 Rice Creek Way, stated that she hoped there would be an improvement on the
surface of the road over what they put on there the last time they applied asphalt. The surface
they put on there had rocks so sharp it took forever for it to become embedded through the
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 17, 2001 PAGE 6
surface of the asphalt and it was hard to walk on. She is for the project and it will improve the
appearance of the neighborhood.
Councilmember Bolkcom asked what she was describing.
Mr. Haukaas stated that it is an interim maintenance sealcoating of the roads and is asphalt,
emulsion, and rocks. We do it to waterproof and traction the streets. New, smooth asphalt is
proposed for this project.
Councilmember Barnette stated that the neighborhood is very pleased with the asphalt project on
Woody Lane off of Old Central.
Councilmember Wolfe asked if the sealcoat was different on the road where he lives. It was done
incredibly well and may have a different type of stone. Many commented on how much cleaner
it was.
Mr. Haukaas stated that a smaller aggregate was used which is less of a problem as far as
sharpness. In 2002, larger heavier rock will be used on larger streets and smaller lighter rock on
low volume streets.
Ms. Barbara Hamer, 41 — 66 '/z Way N.E., asked how much disruption there would be when they
started digging into yards.
Mr. Haukaas stated that they try to minimize the amount of digging they do in people's yards.
He said they expect to impact the yards an average of three to four feet at the most. It may be
necessary to go further, due to changes in the grade. On 66 '/z Way, it is proposed that the water
main be replaced. There will be sections where it will be necessary to go back to the property
line to replace the curbstop and bring the water service up to that point. The area will be
regraded and resodded.
Ms. Hamer asked if the trees on the boulevard would be impacted. Her yard has two trees on the
boulevard and one is probably five feet or less from the curbing.
Mr. Haukaas stated that they try not to take any trees if possible. There is at least one tree on
every project that is one foot away from the curb, but the majority are left there. If the tree is
close to being a problem, the homeowner is asked if they want to keep it or if they mind it being
removed.
Ms. Hamer stated that she has incorporated a flowerbed around the tree for mowing purposes.
Mr. Burns stated that Reliant Energy came in ahead of the last project and replaced gas mains
and services. He asked if this was going to be done on 66 1/2 Way.
Mr. Haukaas stated that he believes they are proposing to come in before. They will coordinate
with us.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 17, 2001 PAGE 7
Councilmember Barnette stated that on Hillcrest and Woody Lane, they did everything to
minimize the impact and did a good job. It is a mess for awhile though.
Councilmember Bolkcom asked if there ever was a project where there was a petition submitted.
Mr. Haukaas stated that they ask for the petition to put into record to show the support from the
neighborhood and it has not always been received. It is to show Council and the rest of the
neighborhood that the neighbors want it. This is not required that we receive the petition unless
there is opposition of the neighborhood.
Councilmember Bolkcom asked if we sent out letters to all the properties in the area.
Mr. Haukaas stated that public hearing notices were sent out approximately two weeks ago.
Mr. Glaser asked how it shows up on the tax statement and when, and what options do we have.
Mr. Pribyl stated that it shows up on the bottom of the tax statement as special assessments in
2004. This is assessed in 2002 and shows up in 2004.
Mayor Lund asked if it may show up in 2003.
Mr. Pribyl stated that it depends on the completion of the project. If it is completed early in
2002, they can get it on 2003.
Mr. Burns stated that the residents will be notified of the amount to be assessed and they have an
opportunity to pay the full amount or accept the indebtedness.
Mr. Pribyl stated that is correct.
Councilmember Bolkcom stated that after the public hearing, they can send out a letter telling
them the options.
Mr. Pribyl stated that there is a final assessment hearing of which all the project information is
presented to Council for certification. Based on that action, a parcel specific mailing will be sent
out to all properties indicating Council action and what amount.
Councilmember Bolkcom asked when the ne�t action date would be.
Mr. Haukaas stated they will begin design on this immediately if approved and move forward
ne�t month to bring resolutions to move into the final design. He said they expect to have it
completed in March and advertise it in the end of March and early April for an early award for
construction.
Councilmember Bolkcom asked Mr. Burns to draft a letter to send out. She is planning on
voting for the project unless she hears from a lot of people. She will get them the information
about the project in March. There were only six people at the June neighborhood meeting and 2
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 17, 2001 PAGE 8
or 3 stated that they could take it or leave it. She thinks it needs to be improved but would like to
hear from more people.
Ms. Glaser asked how many residents they are looking at.
Councilmember Bolkcom asked Mr. Haukaas if the notice was sent out including the parcels.
Mr. Haukaas stated that the letter sent out did include the parcel specific cost estimate and there
are approximately 100 properties.
Mayor Lund asked Mr. and Mrs. Glaser if they heard any negative comments.
Ms. Glaser stated that she had not and would be willing to take a petition around.
MOTION by Councilmember Bolkcom to close 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 CLOSED AT 8:00 P.M.
14. RESOLUTION NO. 75-2001 CERTIFYING THE FINAL TAX LEVY REQUIRE-
MENTS FOR 2002 TO THE COUNTY OF ANOKA:
Mr. Pribyl stated that this is the annual certification that is required to levy taxes for the
following year 2002. The tax levy is unchanged from the amount stated on the December 3
Public Hearing the City Manager presented in depth. The levy is broken up into the General
Fund with a levy of $5,507,313, Capital Improvement at $90,718, the Six Cities Watershed
Management Amortization at $6,200 and Stonybrook Creek at $8,900, for a total of $5,613,131.
This is part of the budget presented on December 3.
MOTION by Councilmember Billings to adopt Resolution No. 75-2001. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
15. RESOLUTION NO. 76-2001 ADOPTING THE FINAL BUDGET FOR THE
FISCAL YEAR 2002:
Mr. Pribyl stated that this resolution adopts the final budget for 2002 as presented by the City
Manager on December 3. This was part of a public hearing and all the elements comply with
Minnesota state statutes and the City Code. The major components of the budget are the General
Fund appropriations at $12,541,249, Special Revenue Funds at $1,143,262, Capital Projects
Fund at $1,043,800, and Agency Funds at $6,200. The total 2002 appropriations budget is at
$14,734, 511.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 17, 2001 PAGE 9
MOTION by Councilmember to adopt Resolution No. 76-2001. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
16. INFORMAL STATUS REPORTS:
Councilmember Bolkcom wished everyone happy holidays.
Mayor Lund stated that he would like to send condolences to Bob Schroer and his family.
ADJOURN:
MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
DECEMBER 17, 2001, CITY COUNCIL MEETING ADJOURNED AT 8:06 P.M.
Respectfully submitted,
Signe L. Johnson Scott Lund
Recording Secretary Mayor