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08/26/2002 - 00024464THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF AUGUST 26, 2002 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:32 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 Billings, Councilmember Wolfe, and Councilmember Bolkcom MEMBERS ABSENT: None. NEW BUSINESS: 1. RESOLUTION NO. 44-2002 AUTHORIZING THE EXECUTION AND DELIVERY OF A JOINT POWERS AGREEMENT WITH THE COUNTY OF ANOKA TO PLAN, IMPLEMENT, AND MAINTAIN A PUBLIC SAFETY COMMUNICATIONS SYSTEM IN ANOKA COUNTY: Mr. Robert Johnson, Anoka County Attorney, stated that he is also the Chair of the Law Enforcement Council and has been for over 20 years. The Law Enforcement Council directs a number of areas of law enforcement and one of them is Public Safety Communications. In recent years the county-wide communication system has not been as great as it should be. There are dead spots, bleeding over channels, and the problems will continue to get worse. This is a national problem and this proposed system is the result of trying to find solutions. This system was recommended to the County Board and the price tag was at $12,500,000. It was not something the County could do within its normal Capital Improvements Fund. Mr. Johnson stated that this year, the legislature passed a bill that allows the County to levy that amount of money to the amount of money paid for bonds that would pay off the $12,500,000 investment. They could then levy against the entire county and put it under a different line in the tax statement so it comes out as a Public Safety Communications system levy. He indicated that the board should do that this year. Mr. Johnson said that they are requesting that Council approve the Joint Powers Agreement. He said that the agreement explains how this system will work. He indicated that the document sets out the understanding that Anoka County reasonably expects that it will be getting money from the federal and state governments. FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 2002 PAGE 2 Mr. Johnson stated that the County intends to make a one-time distribution of radios to the police and fire departments. The user fees of the Metropolitan Radio Board will be somewhere around $20 to $50 per radio, but that would be paid for by the cities. Additional radios would be the responsibility of the City. Provision 7 talks about repairs to the radios. Cars will be able to drive into the County's maintenance shop for repairs of malfunctioning radios, and immediately be operational. There may be events in cities that will require additional radios. Cities will be able to draw on the supply of radios in the shop to be fully operational with people for that event and then return the radios. Provision 8 is a provision the City does not have to use. It allows cities to pay money into a city fund so they could do it on an annual basis and that fund could be used to replace radios. Provision 9 talks about the acquisition of the radio equipment. Radios may be purchased through Anoka County Public Communications System and alternatives the City can utilize are also outlined. Mr. Johnson stated that the portion the police gets will be allocated between the departments. Councilmember Billings asked what the police radios figure was. Mr. Johnson stated that it was $136,720 which represented 3% of the entire $1,300,000 that is allocated. Councilmember Billings stated that Fridley is looking at $76,000 and that is 8.3% of the entire total that is being allocated for fire equipment. Mr. Johnson stated that was correct. Councilmember Billings stated that if the infrastructure comes in below budget, it is possible for more money to be allocated towards local radios under the 38% for fire, 55% for police, and 6% for shop repairs. In addition, Fridley's portion at 10% and 8% fortunately will go up as well if more money is needed. Mr. Johnson stated that Fridley can choose what make of radios to use. The different radios each have a number of alternatives. Each department will determine what radios best fit. Councilmember Barnette asked what the life of the system is. Mr. Johnson stated that in terms of the life, it would be at least for another 20 years. The proof of this system is dramatic. Right now, police cannot talk to fire, fire cannot talk to police, and police cannot talk to highway patrol, except face to face. With this system, police can talk to anybody on the 800 megahertz system. He believes this system will be operational in two years. There is a sales tax exemption for some of this equipment that evaporates in the middle of ne�t year that is also an incentive. Councilmember Bolkcom asked what taxpayers would pay on their tax statements. FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 2002 PAGE 3 Mr. Johnson stated that the maximum for a$198,000 home would be $18.51 per year. Mr. Burns stated that the State Legislature added six cents to the 911 telephone bill charge. Will the County benefit from that at all? Mr. Johnson stated that it will. Councilmember Bolkcom asked if Exhibit B was based on the populations of the cities. Mr. Johnson stated that the assumption was that a handheld radio would be issued to every sworn officer and an additional hand held for every three sworn officers and adjustments for community service officers and other primary response vehicles. With respect to fire personnel, a mobile radio is provided for actual response plus one mobile in the chief s car. The handheld radio is to be determined as one radio for every 1500 population served. Councilmember Bolkcom asked if there was concern of different radios being used. Mr. Johnson stated that was a concern addressed in one of the provisions of the Joint Powers Agreement. After the initial buy, cities would have to buy through the Center for Communications. We are only going to have radios that we believe will fit the systems and will provide full communication and allow us some level of control over what the alternatives are. We also want to provide alternatives. There are two other vendors that have approved radios at this point and we anticipate they would be in this market. Councilmember Billings indicated that a community service officer might require a "plain Jane" radio and an undercover officer a radio that scrambles conversations. There is a wide range of radios and a wide range of costs. The decision is not being made by a County Board member or someone in the Attorney's office. It is being made by the people that are out there in the field using the equipment. Mr. Johnson stated that the proposals were brought to the Joint Law Enforcement Council. They approved it and the proposal then went to the Fire Protection Council. Councilmember Billings stated that this agreement is to "buy in" to the County's $12,500,000 maximum and special levy. It is a special one time cost rather than a special line item to be shared by all of the properties in the County and not added into the base budgets of the County or the cities. Once the radios are paid for the money will not be used for anything else. Mr. Johnson stated that is correct. Councilmember Billings stated that currently, a number of years ago, initial radios were purchased for the squad cars under the old agreement and the City of Fridley has been buying handheld radios out of our own budget for years. This does not change the FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 2002 PAGE 4 manner in which we have been operating, it lays it out on paper. The change is the annual maintenance fee that would be charged Councilmember Bolkcom asked if this system is big enough at some point to be expanded to use by Public Works staff. Mr. Johnson stated that if there was a natural disaster, every city official would need to be alerted. We want this system to accommodate it. Mayor Lund asked what happens to those cities that do not adopt this. Mr. Johnson stated that he cannot say exactly what would happen in that situation. MOTION by Councilmember Bolkcom to receive the second page of Exhibit A. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Billings to adopt Resolution No. 44-2002. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Johnson stated that he wanted to thank Councilmember Billings for his participation. Mayor Lund thanked Mr. Johnson for attending the meeting. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the Proposed Consent Agenda as amended. 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 August 12, 2002 Councilmember Bolkcom asked to have this item removed for discussion. REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 2002 PAGE 5 NEW BUSINESS: 2. RESOLUTION NO. 45-2002 CERTIFYING PROPOSED TAX LEVY REQUIRE- MENTS FOR 2003 TO THE COUNTY OF ANOKA: Mr. Burns, City Manager, stated that this resolution was prepared in conformance with State statutes. The proposed levy is $5,825,855 and the increase is consistent with the increase in the CPI amendment to the City in 2001 and conforms to the amendment to the City Charter. It is a 3.8% increase. The distribution of the proposed levy is as follows: $5,716,590 goes to the General Fund, and $94,165 to the Capital Projects fund. We have done a study of all city-wide property taxes and fees and Fridley, once again, has the lowest rate for all the cities of this area. We average about $55 per month for the average home in Fridley. With 3.8% more it would be about $2 more, but Fridley would still be below its closest competitor. ADOPTED RESOLUTION NO. 45-2002. 3. RESOLUTION NO. 46-2002 ADOPTING THE PROPOSED BUDGET FOR FISCAL YEAR 2003: Mr. Burns, City Manager, stated that this resolution covers the General Fund, Special Revenues Fund, the Capital Improvement Fund and the Agency Fund expenditures. Total expenditures for all officially budgeted funds are $14,641,307. The General Fund budget is going up by about 2.73% mainly for personnel and health insurance costs. Special Revenue Funds are up by .12% and the Capital Improvement Fund is down. Overall, we are down by about 1%. We will present more detailed information at the budget hearing. At the October 21 conference meeting, Council will review the budget. Truth in Taxation statements will be sent out by the County to the property owners in November. Staff recommended that the public hearing for the 2003 budget be set for December 9, 2002. The budget resolution will be considered by Council on December 16. Staff recommended approval of this resolution. ADOPTED RESOLUTION NO. 46-2002 4. RESOLUTION NO. 47-2002 CONSENTING TO THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY, MINNESOTA, ADOPTING A 2002 TAX LEVY COLLECTIBLE IN 2003: Mr. Burns, City Manager, stated that the Housing and Redevelopment Authority has used the tax levy equivalent to .0144% of the market value of taxable real estate in the City since 1996 to support its housing rehabilitation program. This year, the levy will generate $227,800 at an annual cost of about $22 on a$150,000 home. The Housing and Redevelopment Authority approved this sanction of the levy for 2003. Staff recommended approval of this resolution. RESOLUTION NO. 47-2002. FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 2002 PAGE 6 5. RECEIVE THE PLANNING COMMISSION MINUTES OF AUGUST 7, 2002: RECEIVED. 6. RESOLUTION NO. 48-2002 APPROVING A SUBDIVISION, LOT SPLIT, LS #02-02, TO CREATE AN ADDITIONAL SINGLE FAMILY PARCEL, GENERALLY LOCATED AT 840 MISSISSIPPI STREET (WARD 1): Mr. Burns, City Manager, stated that this resolution will allow a lot split at 840 Mississippi Street. The petitioners, Ted and Cari Ciardelli, want to split their lot in order to build an additional single family home. The Planning Commission approved this request at its meeting on August 7. Staff recommended Council's approval. ADOPTED RESOLUTON NO. 48-2002. 7. APPROVE COMPREHENSIVE SIGN PLAN FOR TRIED & TRUE TOOLS, GENERALLY LOCATED AT 7550 UNIVERSITY AVENUE N.E. (WARD 3): Mr. Burns, City Manager, stated that Paul Williams of Marlan-Kelmia LLC, is requesting approval of the sign plan for multi-tenant properties at 7550 University Avenue. The plan meets all the City's requirements. Staff recommended Council's approval. APPROVED COMPREHENSIVE SIGN PLAN FOR TRIED & TRUE TOOLS. 8. APPROVE CHANGE ORDER NO. 1 TO STREET IMPROVEMENT PROJECT NO. ST. 2002-1: Mr. Burns, City Manager, stated that staff is requesting approval of $3,420 to relocate 4 hydrants and a water main. This was needed to avoid other utilities. Staff recommended Council's approval. APPROVED CHANGE ORDER NO. 1. 9. MOTION TO ACCEPT A PROPOSAL FROM HLB TAUTGES REDPATH, LTD., FOR A STUDY ON CHARGES FOR SERVICES: Mr. Burns, City Manager, stated that staff is recommending that HLB Tautges Redpath, Ltd., be allowed to do a study of the City's charges for services. The cost of the survey shall not exceed $18,000. The study will inventory current City charges, create a cost allocation plan and direct costs, measure the direct costs and services and compare newly established costs with current costs. Staff recommended Council's approval. APPROVED PROPOSAL FROM HLB TAUTGES REDPATH, LTD. FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 2002 PAGE 7 10. CLAIMS: APPROVED CLAIM NOS. 106855-107079. 11. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. ESTIMATES: 12. APPROVED ALL ESTIMATES AS FOLLOWS: Pearson Bros., Inc. 240 St. Johns Street Loretto, MN 55357 Street Improvement (Sealcoat) Project No. ST. 2002-10 FINAL ESTIMATE Forest Lake Contracting, Inc. 14777 Lake Drive Forest Lake, MN 55025 Hartman Circle Watermain Looping Project No. 347 Estimate No. 1 W.B. Miller 6701 Norris Lake Road, N.W. Elk River, NIN 55330 2002 Street Improvement No. ST. 2002-1 Estimate No. 4 Park Construction Company 7900 Beech St. N.E. Minneapolis, MN 55432 57th Avenue Sanitary Sewer Improvement Project No. 346 Estimate No. 1 $ 10,559.60 . ., . '� 1. . 1. $156,386.58 $53,602.49 FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 2002 PAGE 8 Ron Kassa Construction 6005-250th Street E Elko, MN 55020 2000 Miscellaneous Concrete Repair Project No. 344 Estimate No. 4 $ 4,339.12 ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the Agenda as amended with a discussion of the minutes. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Ms. Karen Schaub, an employee of Spring Lake Park School District 16, introduced Jim Westman, the School District's newest administrative member. He joined the School District last fall. She said they wanted to share some information about the School District's upcoming levy referendum. There will be two questions on the ballot. One question is on the proposal for $1,800,000 for ten years, and the second question is the voting itsel£ They will be on the ballot for the primary election on September 10. Yes to Question 1 will help the School District provide quality education, maintain the class sizes, maintain the current number of teachers, prevent a school from closing, maintain the current level of programs and services, and guarantee local funding to help provide state funding. No to Question 2 would mean $400,000 worth of cuts. Mr. Westman stated that ten years ago, District 16 had less students, more square footage, and less state and federal mandates. Today, the District has more special education students and more students who speak English as a second language. Today, there are fewer classroom teachers, fewer administrators, and fewer custodians than there were ten (10) years ago. Mr. Westman stated that if both Questions 1 and 2 are passed, the average taxed assessed property value of $150,000 would result in a$15 monthly increase. Question 1 would mean $13.00 per month, and Question 2 would mean an additional $2.92. Ms. Schaub stated that School District 16 has an attendance rate over 94 percent and the graduation rate is over 90 percent. The School District just faced a$2,600,000 reduction during the last school year. If anyone is looking for any other information, feel free to visit the School District's web site. They have set up a hotline with answers to questions. They hope to see a lot of voters turn out on September 10. FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 2002 PAGE 9 Councilmember Barnette stated that he was impressed with the brochure from School District 16 regarding the levy. The City has four different school districts within its boundaries, and he supports them all. Mayor Lund thanked Ms. Schaub and Mr. Westman for coming and wished them good luck. NEW BUSINESS: 13. VARIANCE REQUEST, VAR #02-13, BY JIM KIEWEL, TO INCREASE THE TOTAL SQUARE FOOTAGE OF ALL ACCESSORY BUILDINGS TO ALLOW THE CONSTRUCTION OF AN ADDITIONAL GARAGE, GENERALLY LOCATED AT 1631 RICE CREEK ROAD N.E. (WARD 2): Mr. Hickok, Community Development Director, stated that this is a variance request for the property at 1631 Rice Creek Road. Mr. Jim Kiewel is the property owner. He is seeking a variance to increase the allowable square footage of all of accessory buildings from 1,400 square feet to 1,612 square feet, to allow the construction of an additional 28' x 37' detached garage. The petitioner must also receive a special use permit from the Planning Commission and City Council prior to the issuance of any building permits. Mr. Hickok stated that the site is 27,000 square feet. The lot was platted in 1939 and the home was built in 1953. A variance was granted in 1996 that was good for one year and expired due to inactivity. In the year 2000, another variance request was made and was withdrawn prior to action by the City Council. The first variance was approved by the City Council on February 26, 1996, after two revisions were made to reduce the total square footage of the accessory buildings to 1,390 square feet. In 2000, Variance #00-04 was withdrawn by the petitioner before the Appeals Commission could take action. Mr. Hickok stated that the summary of hardship states: "Additional storage is needed for vehicles and boat. Vehicles need to be stored inside to prevent theft or damage from weather or vandalism. This will allow me to save offsite storage costs, and would give a clean appearance to the neighborhood." Mr. Hickok stated that this would be a concrete construction, flat roof garage. On August 14, the Appeals Commission denied the request due to a lack of hardship. Staff recommended that Council concur with the Appeals Commission and deny this request due to the fact that no similar variances allowing square footage of accessory buildings to exceed 1,400 square feet have been granted. The request does not meet the statutory definition of hardship. Mr. Hickok stated that the petitioner shall obtain in the event that this is granted the following stipulations are recommended: 1) The petitioner shall obtain all necessary permits prior to construction; 2) The petitioner shall provide a hard surface driveway by July 1, 2003; 3) The accessory structure shall not be used as a home occupation; 4) The home must be open to City officials prior to issuance of the building permit to determine if the property is a legitimate single family structure; 5) All sheds on the property must be removed prior to the building permit being filed; 6) Detailed plans for the new dwelling area must be submitted with building plans for the FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 2002 PAGE 10 garage; 7) New dwelling areas labeled on site plan must be separated from the garage in accordance with the building code requirements and may not be converted to additional garage area without first obtaining an additional variance; 8) Silt fence required along the east, west, and north property lines to prevent erosion onto adjacent properties. Hay bales in swale areas are also required as deemed necessary by City staff; 9) Due to steep grades and the amount of additional impervious surface, the water runoff velocity must be slowed down through the use of sod, seed, a small ponding area (rain garden) or other landscaping. Final design to be approved by City staff prior to issuance of a building permit. Remedy must be installed prior to building permit being "finaled;" 10) New addition must be architecturally compatible with the existing home and garage. Building elevations to be submitted to and approved by City staff prior to the issuance of a building permit; 11) Variance shall become null and void unless a special use permit is successfully obtained to construct the proposed detached garage. Mr. Hickok stated that the petitioner has submitted a new site plan. The new site plan differs in that it changes the floor area dimensions to meet his interpretation of code requirements, and it identifies the "fire wall" between the garage and "dwelling" areas. Mr. Kiewel, 1631 Rice Creek Road N.E., stated that he understands that there have been allegations about the home being rented out as a duplex. He said he does not know how that happened. He stated that City officials came to his house one day to inspect the property and went through his mail as well. Mr. Hickok stated that there are also concerns that this home was rented out in the past as a duplex. He said he personally received calls from realtors who indicated that the property was being sold as a duplex. Mayor Lund asked if he wanted them to change the request. Mr. Kiewel stated that the new plan he gave them pertained to e�ternal dimensions. Mayor Lund stated that Staff did draw a line through his calculations and added their calculations. Mr. Kiewel stated that would be understandable. Mayor Lund stated that staff is referring to inside measurement versus e�terior measurement. Mr. Kiewel stated that 37' x 30' would be 1,686 square feet. Mr. Hickok stated that 37' x 30' would be 1,110 square feet with the total other measurements equaling 1,686 square feet. Mr. Kiewel stated that with respect to the stipulation requiring a hard surface driveway by July 1, 2002, he requested that it be changed to one year from the issuance of the variance. He said he may not be able to meet the deadline. FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 2002 PAGE 11 Mayor Lund stated that Stipulation 8 is a temporary measure, and staff will want to see a more permanent solution to the potential drainage problem. Mr. Kiewel stated that whatever it takes, he will take care of it. Stipulation 10 may not be necessary. The building is basically a flat roof garage with stucco walls to match the home. Councilmember Bolkcom asked if the stipulation was different than anything else Council has seen. Mr. Hickok stated that it was not. Mr. Kiewel stated that Stipulation 11 should be changed to as follows: "The petitioner shall obtain a special use permit if required by Fridley City Code." He does not believe it is a detached garage. Fridley City Code 205.07(C)-1 specifically excludes the first accessory building as a private garage with no special use required. How can a garage that is separated from dwelling area can be detached. He could not find a definition in the City code as to what detached and attached means. He said that Webster's dictionary states that detached means standing by itself or separate or unconnected. Mayor Lund asked him if wanted to word it as detached or attached. Mr. Kiewel stated that it would be at 1,687 square feet if it was attached. Mr. Hickok stated that it would be over 2,000 square feet. Mr. Kiewel stated that in his calculations, he is including the dwelling area as a garage area. Mayor Lund asked Mr. Knaak if it was detached or attached. Councilmember Billings asked if the City Code refers to attached or detached, or if it refers to the first accessory building or second accessory building. The real question here is not whether the building is detached or attached, but whether it is one garage or two garages. Mr. Kiewel asked if it would make it one garage if he establishes a corridor between the buildings. Councilmember Billings stated that he thought it would become a hallway. Mayor Lund stated that an e�tension to a garage typically would expand it outwards from the garage by adding another garage door. Councilmember Bolkcom stated that even if it was considered as one garage, it is still way over the square footage allowed pursuant to the City Code. She said they were talking about accessory building and asked how it could not be an accessory building. FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 2002 PAGE 12 Mr. Kiewel stated that when his house was originally built, it had a garage on the top and the bottom. This was common in Fridley at that time. Councilmember Bolkcom stated that they have to look at what the City Code says now. Mr. Kiewel stated that he should probably reconsider his proposal and come back with something that is more suitable and acceptable to the Council. Mayor Lund stated that if it was a matter discussing the stipulations, with minor changes, it may be reasonable. He has only heard one comment from one neighbor and that was addressed. He is more concerned about better plans for the impervious surface that is going to be created. This is a huge addition that will not be aesthetically pleasing. He said he understands that Mr. Kiewel has his rights, and it is his property, but he is also concerned with the way the surrounding neighborhood feels. Councilmember Bolkcom asked if it was possible to add onto the garage addition that is already there. Mr. Hickok stated that it is doable. Mayor Lund stated that there is room to the left side of the property to add on a garage. He said he would like to see a plan. His concern with the flat roof is the size. He is also concerned about the drainage issues. Councilmember Wolfe asked if they should table this item and ask Mr. Kiewel to come back with another design. Mr. Kiewel stated that he would come back with another design. Mayor Lund stated that he is not against that, but there is a 60-day requirement they have to act on. Mr. Kiewel stated that his intention is to start in the spring. Councilmember Bolkcom stated that they could take a little bit longer time and e�tend the 60 days. Mr. Kiewel stated that he would like to get this resolved fairly quickly. Mr. Burns asked if he needed 1,440 square feet or 1,400 square feet. Mr. Hickok stated that he would need 1,400 square feet or under. Mr. Burns stated that then there would be no further Council action needed. Mayor Lund stated that they could make a motion to e�tend the time. FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 2002 PAGE 13 Mr. Kiewel asked when the ne�t City Council meeting was. Mayor Lund stated that it would be September 23 and that would be outside the 60 days. Councilmember Billings asked if they could make the motion on September 9 if it is not resolved at that time. Mayor Lund stated that they could do that. Mr. Kiewel can present plans to staff prior to September 9 and if it is under 1,400 square feet and a variance is not needed, it would not be a problem. Mr. Kiewel thanked Council. Mr. Hickok stated that attached means that no dwelling may be between the existing garage and the proposed garage. MOTION by Councilmember Wolfe to table this until September 9. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13a. APPROVE THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 2002: Councilmember Bolkcom stated that under Item 4, it says that additional sealcoating is for the City of Columbia Heights. It should be added that Columbia Heights is requesting the sealcoating and paying for the additional costs. Councilmember Bolkcom stated that the second sentence on Page 13 should state as follows: "Councilmember Bolkcom asked if any discussions that took place would also involve the other two neighbors." Councilmember Bolkcom stated that under the "Informal Status Reports" section, she thought it should state that the repair of the bikeway project behind Edgewater Gardens will take some time. Anoka County is working with the Rice Creek Watershed District and the railroad due to erosion problems. MOTION by Councilmember Barnette to approve the minutes with the noted corrections. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 2002 PAGE 14 14. INFORMAL STATUS REPORTS: Councilmember Bolkcom stated that the train whistle meeting is on September 24. Everyone is invited. A railroad safety officer/engineer will be at the meeting to discuss why there are train whistles. The presentation will begin at 7:00 p.m. Mayor Lund stated that a number of civic organizations will be putting together a September 11 tribute. He would like to invite all service clubs, residents and people outside of Fridley to this event. It will take place on Wednesday, September 11 at 8:00 p.m. at the Fridley High School football field. The program will conclude at 9:00 p.m. The keynote speaker will be Rick Kupchella, the weekend anchor from KARE 11. Councilmember Bolkcom stated that it would be a good day to wear red, white and blue and to have a moment of silence. Councilmember Barnette stated that ne�t Tuesday is the start of school, and he hopes everyone will drive safely. Councilmember Billings stated that the street/driveway item that was on the agenda last week was tabled. He asked if there was an update. Mr. Knaak stated that there was no update, and that he would not be able to speak with the other attorney until ne�t week. Councilmember Billings stated that he is very troubled by Mr. Kiewel's allegation that four or five years ago, some employees of the City of Fridley were present at his home, and without his permission were going through his U. S. mail. It is a serious allegation and he does not take it lightly. It needs to be investigated. MOTION by Councilmember Billings to request that the City Attorney, or designee of the City Attorney, conduct an investigation of this incident and present the information to the appropriate City of Fridley officials, and if need be, present the results of that information to any other officials in our government who need to be aware of that. Seconded by Councilmember Barnette. Mayor Lund stated that he has doubts as to why it was not investigated seven years ago. ADJOURN: MOTION by Councilmember Wolfe to adjourn the meeting. Seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 2002 PAGE 15 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE AUGUST 26, 2002, CITY COUNCIL MEETING ADJOURNED AT 10:00 P.M. Respectfully submitted, Signe L. Johnson Scott J. Lund Recording Secretary Mayor