12/12/2005 - 00028885CITY COUNCIL MEETING
CITY OF FRIDLEY
DECEMBER 12, 2005
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:36 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Lund led the Council and audience in the Pledge of Allegiance.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Billings
Councilmember Wolfe
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
Jon Haukaas, Director of Public Works
Julie Jones, Planning Coordinator
Rachel Harris, Environmental Planner
Richard D. Pribyl, Finance Director
PROCLAMATION:
Mayor Lund issued a proclamation for B. William Ekstrum Appreciation Day (December 12,
2005).
PRESENTATION:
Laser Radar Unit to the City of Fridley Police Department by the Minnesota Department
of Public Safety for the Safe and Sober Project.
Bob O'Brien, Minnesota Safe and Sober Project, talked about the Safe and Sober project and
presented a laser radar unit to the Fridley Police Department.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of November 21, 2005
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 2
OLD BUSINESS:
1. Second Reading of an Ordinance to Amend the City Code of the City of Fridley,
Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #05-
04, by Peter Borman to Rezone Multiple Properties from R-3, Multi-Family, to R-1,
Single Family, Generally Located at 100, 104, 108, 112, 116, 120, 124, 128 and 132
River Edge Way (Ward 3).
Dr. Burns, City Manager, stated Council approved the first reading of this ordinance at the
Council meeting on December 5. Staff recommends Council's approval of the second reading of
this ordinance.
WAIVED THE READING OF THE ORDINANCE AND APPROVED ORDINANCE NO.
1219 ON SECOND READING AND ORDERED PUBLICATION.
2. Extension of Preliminary Plat Request, PS #03-18, by Town Center Development,
Generally Located at 1282 Mississippi Street and 6490 Central Avenue N.E. (Ward
2).
Dr. Burns, City Manager, stated the preliminary plat for a 54-unit senior condominium project
was approved on January 5, 2005. The developer needed a six-month e�tension of his plat to
resolve legal issues regarding the ownership of the land located at 1282 Mississippi Street and
6490 Central Avenue N.E. While the legal issues have been resolved in the developer's favor,
he receive the signed mylars from Anoka County in time for tonight's meeting. They expect the
final plat for this project to come before Council at its January 9 meeting. Staff recommends
Council's approval of an additional six-month e�tension.
APPROVED.
3. Approve Comprehensive Sign Plan for Creekside Properties, Generally Located at
7101 Highway 65 N.E. (Ward 2).
Dr. Burns, City Manager, stated Karen Sorenson, owner of Creekside Properties, is requesting
Council's approval of a comprehensive sign plan. The signs will be placed on the west side of
the building and will consist of 3' x 8' panels with black and blue lettering on white background.
Staff recommends Council's approval.
APPROVED.
4. Resolution Approving a Plat, P.S. #05-04, Lots 1 and 2, Olivia Grove, by the City of
Fridley, for the Purpose of Creating Two Lots, Generally Located at 753 and 755 —
53rd Avenue NE, Fridley, MN (Target Corporation) (Ward 1).
Dr. Burns, City Manager, stated this is a subdivision for the proposed Super Target that was
approved on June 27, 2005. The subdivision of this property allows for the freestanding Petco
store. Staff recommends Council's approval.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 3
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
5. Resolution Approving Recycling Service Fees.
Dr. Burns, City Manager, stated staff recommends the 2.8 percent increase allowed by the City
Charter. The increase raises the quarterly recycling fee from $6.16 to $6.33 per quarter or by
$.68 per year. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2005-75.
6. Resolution Providing for Sewer Rate Increases.
Dr. Burns, City Manager, stated staff recommends that the City's sewer rate be increased by the
2.8 percent allowed by the City Charter. The increase will cost the average water user, $4.92 a
year or $1.23 a quarter. This increase will leave the sewer fund with a 2006 operating loss of
$233,094. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2005-76.
7. Resolution Providing for Storm Water Drainage Rate Change.
Dr. Burns, City Manager, stated staff recommends the approval of a 2.8 percent rate increase.
The increase will cost the owner of a residential lot an additional $.36 per year or $.09 per
quarter. The increase will allow a net operating income of $57,087. We will, however, have a
net operating loss of $9,913 after transfers to street reconstruction are completed.
ADOPTED RESOLUTION NO. 2005-77.
8. Resolution Providing a Water Rate Change.
Dr. Burns, City Manager, stated staff recommends the same 2.8 percent rate increase for the
water fund for water rates. This will cost the average water user $2.16 for the year and $.54 a
quarter. The increase will leave the water fund with a net operating loss for 2006 of $155,931.
Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
9. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise
Permit for Fridley American Legion, Post 303, Generally Located at 7365 Central
Avenue NE (Ward 2).
Dr. Burns, City Manager, stated the American Legion's license was suspended by the State of
Minnesota from December 14, 2004, through December 14, 2006. The State is requesting that
we authorize the renewal of the license from December 15, 2006, to February 28, 2008. Staff
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 4
recommends Council's approval of this renewal subject to the restoration of the American
Legion's license ne�t December by the State of Minnesota.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
10. Resolution Approving and Authorizing Signing an Agreement with Police Officers
of the City of Fridley Police Department for the Years 2006 and 2007.
Dr. Burns, City Manager, stated other than a 3 percent salary increase for each of the two
contract years, the changes in this contract are very minor. Staff recommends Council's
approval of the contract.
ADOPTED RESOLUTION NO. 2005-80.
11. Appointment — City Employee
Dr. Burns, City Manager, stated staff recommends approval of the appointment of Michael
Jeziorski to the position of HRA staff accountant.
APPOINTMENT APPROVED.
12. Claims (124506 - 124665)
APPROVED.
13. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
14. Estimates.
APPROVED THE FOLLOWING ESTIMATES:
Pearson Brothers, Inc.
240 St. John's Street
Loretto, MN 55357
2005 Street Improvement (Sealcoat)
Project No. ST. 2005-10
FINAL ESTIMATE ............................... $ 5,582.89
Shank Constructors, Inc.
3501 — 85th Avenue North
Brooklyn Park, MN 55443
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 5
Commons Park WTP Upgrade
Project No. 357
Estimate No. 2 ........................................ $108,509.00
Councilmember Bolkcom requested that Items 4 and 9 be removed and placed on the regular
agenda.
Peter Eisenzimmer, 6535 Oakley Drive, requested that Item 8 be removed and placed on the
regular agenda.
MOTION by Councilmember Barnette to approve the consent agenda as presented with the
removal of Items 4, 8, and 9. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to approve the agenda with the addition of Items 4, 8
and 9. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORM (VISITORS):
Donald Anderson, 7304 West Circle, asked about the A& W on East River Road.
Councilmember Bolkcom replied it is for sale.
PUBLIC HEARINGS:
15. Consideration of Neighborhood Street Improvement Project No. ST. 2006 — 1.
MOTION by Councilmember Wolfe to open the public hearing. Seconded by Councilmember
Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 7:54 P.M.
Jon Haukaas, Director of Public Works, stated they held an open house on Wednesday,
November 30, in the council chambers to review the project with the neighborhood. There were
109 people who signed in, representing 89 properties. That is about 25 percent representation.
He discussed the project area. He said it was in the central part of the City, north and east of
Hayes School. There was also a neighborhood south of Community Park. The project
encompasses about 3.8 miles of streets. They would be doing a full-street reconstruction, base
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 6
surface, new concrete curb and gutter, storm water improvements as required. One of the things
they are adding into their ne�t couple of street projects is to regrade the Community Park ball
fields to get some better drainage. They are going to have a lot of e�tra dirt as a result of their
street reconstruction projects and are going to do some improvements at the ball fields at the
same time. They will be doing sewer and water repairs as necessary. They have televised all of
the mainline sewers, and found a few places that they have to make a few spot repairs. They are
probably going to relocate a few hydrants. They will give the neighborhood the opportunity for
driveway upgrades again with this year's project. The gas company has indicated they are
interested in doing a gas main replacement. They have been doing this for the last several years.
Mr. Haukaas stated streetways are going to be constructed to the City standard of 30 feet. The
majority of the streets are approximately that width right now; 64th Avenue is one of the
exceptions. He said it is a 22-foot street and it would be widened to our standard. Regarding
storm sewer, they will be e�tending up Oakley Street and Pandora Drive to alleviate some
drainage problems in that area. Meadowlands Ponds will be excavated and expanded a little bit
to accommodate additional flow and also to help protect some of the homes in that area along the
north side from the threat of flooding. In the past when they have had large rains in the spring or
large runoff, those ponds have come up quite significantly.
Mr. Haukaas presented an approximate schedule and said they will be advertising in a few
months. Bids will be open and construction will begin at the end of April or early May. It
should be completed by ne�t fall. The public hearing on the final assessments will be held at that
time, and the assessment repayment would begin with the 2007 property taxes. The estimated
costs are about $400,000 for the design, construction, staking, and inspection; $2.6 million for
street reconstruction; $400,000 for storm sewer improvements; and $100,000 for water and
sewer repairs. Funding sources include state aid, the storm sewer fund for storm sewer work as
well as the water and sewer funds. Special assessments comprise about $550,000 on this project,
and the street fund would pay the balance. Assessments are calculated based on the cost to
install the concrete curb and gutter and improve several items including removal of the old curb,
reconditioning of that base, and installation of a new concrete curb and gutter. This year they are
estimating it as a not to exceed figure of $19.50 per foot. Three options for repayment are a
lump sum payment within 30 days of the final assessment hearing ne�t fall. Property owners
will be notified by letter what that cost is, how they can pay it and what the timeframe is. Option
2 is to have it added to the property taxes over a period 10 years. Interest rates have been
approximately 7 percent the last several years. Option 3 for senior citizens meeting certain
criteria is to have that assessment deferred until the future sale of the property. They also had a
presentation at their neighborhood meeting by the Rice Creek Watershed District, and he
believed there were about 30 properties interested in having individual rain gardens installed in
front of their homes. These all help with treating storm water runoff from our streets. For the
construction of the rain gardens, the mass excavation and curb changes would be done by the
City. The Watershed District and the residents would share the cost of the plantings.
Councilmember Bolkcom stated she referred one individual to him regarding his assessment for
his triangular lot. She asked if he had contacted him.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 7
Mr. Haukaas said he had spoken to him and explained what the assessment policy is. He is in
the unfortunate situation of having a lot that has a very long frontage. Although it is triangular
shaped towards the front, the front being about 210 feet long, when they do their measurement at
the house setback, his actual assessed footage would be approximately 156 feet.
Councilmember Wolfe asked about seniors who decide to defer it until they sell their home.
During that time before they sell their home, it is accumulating interest. When they sell their
house, what could have been $1,500 in ten years could be $2,200?
Mr. Haukaas replied, that is correct.
Councilmember Billings commented actually it would probably be around $2,500 or $2,700.
Rick Gierdal, 6863 Madison Street NE, asked if the $19.50 per front foot charge included the
costs for the cleanup and upgrading of the ball fields in Fridley.
Mr. Haukaas said the costs for the ball fields would be coming out of the City's funds.
Councilmember Billings stated what they do when they let the bids is see what the bid was per
lineal foot of concrete curb and gutter, what the bid was for gravel, and what the bid was for
removal of the bituminous curb. Those get added together and they come up with a per lineal
foot number. If those numbers add up to $17 a foot, that is what they are going to get assessed.
If those numbers add up to $22 a foot, they are only going to get assessed $19.50. Out of all the
money being spent, the property owners are only being assessed for the concrete curb and gutter.
He said if a person lives on a corner lot, it is his understanding that their policy is they only pay
for the front of the house.
Mr. Haukaas replied on their address side.
Mayor Lund said they are going to utilize the extra dirt to correct the drainage problem at the
ball fields instead of disposing of the dirt some place out of the City.
Phillip Allison, 6821 Madison Street, asked what they would do about driveways.
Mr. Haukaas stated when the City restores driveways, they go up as far as necessary to make a
good transition into the street. They correct the gravel underneath and make sure it has proper
strength. They will not be removing all of it and putting all brand new gravel in because for the
most part, driveways that have been there for 20 to 30 years have compacted that better than they
could do brand new. They would rather leave that in place, add what they need, make any
corrections of soft spots, and then put in a standard of either asphalt or concrete, replacing in
kind. Their standard for the asphalt is 2 inches of asphalt and for concrete it is 6 inches. If
anyone is interested in having their entire driveway done, they will be collecting names. The
contractor would then meet with each person individually to discuss their driveway.
Mr. Allison asked if the City paid for the first 10 to 12 feet.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 8
Mr. Haukaas replied whatever the City needs to restore, that is at the City's cost. He said they
do not give anybody an additional credit if they end up doing their entire driveway.
Mr. Allison asked if can negotiate with the contractor to do a sidewalk and a step.
Mr. Haukaas said they could talk to the contractor about that.
Mr. Allison asked if that could go on the assessment
Mr. Haukaas said it could.
Glenn VanHulzen, 901 Overview Drive, asked about sprinkler systems.
Mr. Haukaas replied for sprinkler systems, they do ask the residents to mark them so they can
be easily located. The contractor is responsible for taking them out and reinstalling them and
making sure they work They do hold back money into the following year so that if it is late in
the season and the sprinkler systems cannot be tested, they can make sure that there will be no
problems in the spring when they start them up.
Mr. Vanhausen thanked them for doing this particular project.
Ted Kranz, 6701 Monroe, said Monroe was done about 10 years ago. He said now they will be
doing Quincy. He has 30 feet on Quincy.
Councilmember Billings replied generally speaking they assess on the address side.
Mr. Haukaas stated they do have Mr. Kranz down as a zero dollar assessment.
Councilmember Bolkcom asked if they were going to do a survey of the neighborhood.
Mr. Haukaas replied they were already mailed out and they received almost a 60 percent return.
Councilmember Billings asked if they do any kind of a followup on the other 40 percent.
Mr. Haukaas replied, no.
Councilmember Barnette said he was proud of the City's street reconstruction program and
that the City had the foresight many years ago to put money aside so that we can have the proper
street reconstruction done and only pay for the curb and gutter. It gives us the chance to give
residents good streets and good drainage. He has received nothing but good comments.
Julie Streitz, 990 Rice Creek Terrace, asked about her property.
Mr. Haukaas replied she is in a situation where the previous owner paid for the other side. She
does not have an assessment with this project.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 9
MOTION by Councilmember Barnette to close the public hearing. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING CLOSED AT 8:20 P.M.
16. Consideration of an Ordinance Amending Chapter 205 of the Fridley City Code
Pertaining to Curbing and Drainage Requirements (Text Amendment, TA #05-05,
Curbing and Drainage Requirements).
MOTION by Councilmember Billings to open the public hearing. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 8:21 P.M.
Julie Jones, Planning Coordinator, said Federal and State Non-Point Discharge Elimination
(NPDES) rules require that cities take steps to prevent non-point source pollution. Primarily this
has been spurred by a commitment made by the City in the Springbrook Watershed Clean Water
Partnership grant application committing to analyzing the City Code relating to storm water
runoff. They also thought it would be advantageous for the City to take a closer look at this,
because it would allow them better flexibility in some of the DNR regulations for shoreland
ordinances. The te�t amendment has two parts. One part is to give City staff some flexibility in
exempting curbing in situations where the City approves certain storm water features like natural
swales and rain gardens. The other part adds reference to Chapter 208. The Planning
Commission held a public hearing on this te�t amendment on November 2 and unanimously
recommended approval. Staff concurs with the Planning Commission's recommendation. The
first reading of the ordinance is tentatively scheduled for their ne�t meeting on January 9, 2006.
Dr. Burns, City Manager, said he can recall three or four major disputes with people that were
developing commercial or industrial property where they did not want to put curbing around the
parking lots. He asked if this provided people with an option.
Mayor Lund stated this still requires curbing. It is just a different form of curbing.
Ms. Jones agreed. She said it is possible the way they have it written that they could be exempt
from the curbing altogether if they felt it was appropriate. Each situation tends to be unique.
Richard Harris, 6200 Riverview Terrace, stated he was concerned about rain gardens and safety
islands. He asked who would be responsible for their maintenance.
Ms. Jones replied in industrial and commercial development they would be the responsibility of
the property owner.
Mr. Harris asked what would happen if they abut the street.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 10
Ms. Jones replied the section of the Code they are talking about is the parking requirements for a
private parking lot.
Mayor Lund said the property owner.
Mr. Eisenzimmer, 6535 Oakley Drive, asked if the City would require people to take care of the
rain gardens along their property. It is something put in by the City in the right-of-way.
Mayor Lund replied if the rain garden is in the public right-of-way, which would be an
agreement the City would have with the property owner.
Mr. Eisenzimmer asked who says what type of materials would be planted.
Mayor Lund replied that would be in the agreement as well.
Mr. Haukaas, Public Works Director, stated rain gardens do have a list of appropriate plantings.
If a rain garden is being proposed as part of their storm water management plan, all of those
details are worked out in advance and under agreement.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by
Councilmember Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING CLOSED AT 8:34 P.M.
17. Consideration of an Ordinance Amending Chapter 205.04 of the Fridley City Code
Pertaining to General Provisions (Text Amendment, TA #05-06, Nonconforming
Uses and Structures).
MOTION by Councilmember Bolkcom to waive the reading and open the public hearing.
Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 8:34 P.M.
Ms. Jones, Planning Coordinator, stated in 2004, the State legislature changed language in the
State statute regarding non-conforming uses in structures. The proposed amendment will update
the City Code to match that new State language. What the State legislative change did is make
it possible for owners of legal non-conforming uses and structures to replace them providing they
do not expand the non-conformity. The Fridley City Code states that a non-conforming use
cannot be replaced if it is damaged to the point where it would take more than 50 percent of the
value of the property to replace it. They have also updated language in the sections of the zoning
code on erosion control and environmental quality. There is an additional change that staff just
discovered. They will bring the language to them at the first reading. Under Section 205.04.4.I,
staff would like to change the numbers to match language in Chapter 208. The Planning
Commission held a public hearing on this te�t amendment on November 2 and unanimously
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 11
recommended approval. Staff concurs with the recommendation of the Planning Commission
for approval of Te�t Amendment #OS-06. The ne�t step for this ordinance would be a first
reading which is tentatively scheduled for the City Council meeting on January 9, 2006.
Councilmember Barnette said if a commercial property was destroyed by a fire prior to this
and it was over 50 percent destroyed, it could not be rebuilt. This will allow them to rebuild,
providing they meet certain stipulations of the City and the building code.
Ms. Jones replied that State law supersedes the City Code.
Mayor Lund said this applies to all properties--residential, commercial, or industrial.
Ms. Jones agreed.
Councilmember Bolkcom asked if the limit of 180 days was enough. She asked where the 180
days comes from.
Ms. Jones replied from the State statute.
MOTION by Councilmember Barnette to close the public hearing. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING CLOSED AT 8:43 P.M.
18. Consideration of an Ordinance Amending Chapter 110 of the Fridley City Code
Pertaining to Water Quality (Text Amendment, TA #05-07, Hazardous Material
Dumping and Waterfowl Feeding).
MOTION by Councilmember Bolkcom to waive the reading and open the public hearing.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 8:43 P.M.
Rachel Harris, Environmental Planner, stated this was prompted by the previous agenda item.
The Federal and State PDS Rules require the City to take steps to prevent non-point source
pollution. It was also prompted by the commitment in the CWPA grant application to analyze
codes related to the City's water quality. Additionally, they wanted to improve chances of
obtaining flexibility on the DNR standards portion of our Shoreland Ordinance. This has been
reviewed by the Education Subcommittee of Springbrook Watershed (CWP Project) and the
Fridley Planning and Engineering staff, plus the Fridley Environmental Quality and Energy
Commission. Discussions led to two suggestions. One is to make dumping of hazardous
materials a public nuisance. The other is to make feeding of waterfowl a public nuisance.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 12
Ms. Harris stated the dumping of hazardous waste is something the State law already prohibits;
however, the small quantities they have encountered in Code enforcement cases do not merit
other agencies coming in to look at. City staff would like to cite those cases, but there is no
legislation within the Code that would make dumping these materials a violation. The proposed
language would make it a defined public nuisance for anyone to deposit or place hazardous
material in a manner that causes those materials to drain into a storm sewer drain or waterway or
on any unpaved surface.
Ms. Harris stated part two of this ordinance is regarding feeding waterfowl. The problems they
are most concerned about are the excess food left on the ground which eventually finds its way
into the water causing contamination. The waterfowl do need to eat plants to remain healthy.
Hand feeding of the waterfowl makes birds decide not to migrate south. They become dependent
on the food source here. Congregation of the birds in large groups causes faster spreading of
diseases. Feeding does tame the birds making them vulnerable to predators. The proposed
language would make it a defined public nuisance to intentionally feed waterfowl on their own
or someone else's property including parks and public land. The Fridley Parks and Recreation
Commission has repeatedly considered a ban for feeding waterfowl. In 1988, the Planning
Commission forwarded a motion to the City Council on a 2 to 2 vote. The City Council did not
pass an ordinance. The problem has been repeatedly discussed by the Parks and Recreation
Commission. The EQEC has been involved in the CWP Project oversights. They are supportive
of the hazardous waste addition to the Code. There was some discussion regarding prohibiting
the feeding of waterfowl and they were not supportive. EQEC members indicated they had
spoken with the public and noted that people enjoy taking their kids to the park to feed the ducks
and geese. The Planning Commission held a public hearing for the te�t amendment. They
unanimously approved the te�t amendment on November 2, 2005. Staff recommends that they
concur with the Planning Commission and approve Te�t Amendment, TA #OS-07. The ne�t step
is a first reading of the ordinance tentatively scheduled for the January 9, 2006, City Council
meeting.
Councilmember Wolfe asked if they were just talking about waterfowl.
Ms. Harris replied, correct.
Councilmember Wolfe asked if Moore Lake beach opened later because of all the goose
droppings.
Ms. Harris replied she does know if feeding the geese contributes to them staying in their
habitat around Moore Lake. It is true that goose droppings do contribute to the bacteria breeding
in the lake. There are other contributing factors that, but it is true that the beach is generally
closed each season because of poor water quality. The congregation of the geese and their
droppings do contribute to a lower water quality.
Councilmember Bolkcom asked if it is a misdemeanor and if they could be fined.
Ms. Harris replied, correct.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 13
Mr. Knaak, City Attorney, said they could.
Councilmember Barnette stated he received two telephone calls. One was his neighbor who
was very concerned with the whole idea of this Avian flu and how it has spread.
Ms. Harris stated the bird flu is not a huge concern at this time.
Councilmember Bolkcom stated there are geese in her backyard and no one feeds them from
her house. She is not sure that just not feeding them is going to keep them away from Moore
Lake or any other body of water. She suggested doing a count before and after the ordinance is
passed.
Councilmember Wolfe stated when he was young that is where all of them hung out. He does
not go near the beach anymore because there is just goose droppings everywhere.
Councilmember Bolkcom replied she can have 50 geese in her backyard and it is not just that
anyone is feeding them.
Mayor Lund stated he feels it is going to be an educational process more than a fining process.
Richard Harris, 6200 Riverview Terrace, asked what hazardous material was.
Councilmember Billings said hazardous material shall include, but not be limited to, paints,
solvents, oils, automobile fluids, or any other liquid hazardous waste.
Mr. Harris stated so the guy who throws all the old mattresses in his parking lot, he is okay?
Councilmember Billings replied he is not in violation of this particular section.
Mr. Harris stated they should not feed any of the wildlife, but you are not going to convince
people of that. What he does in his own backyard, maybe they should stay out of that. They are
going to have a tough time trying to enforce that ordinance by the river. He said the real
problem is the lack of game management in the urban area by the DNR.
Councilmember Barnette said he supports the part on hazardous material dumping but the
other part, he does not know how they are ever going to enforce that, especially on people's
private property.
Mayor Lund asked staff why the part on feeding the waterfowl was included.
Ms. Jones, Planning Coordinator, said there were multiple reasons. It started with the Education
Subcommittee that worked on the Springbrook Watershed Clean Water Partnership Project. A
number of people on that committee raised concerns. The City has also had complaints from
neighbors about a particular person going to e�tremes to feed waterfowl in their backyard and
the quantity of birds was an issue for the neighbors. Staff is going to be reasonable about this.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 14
Mayor Lund said he supports it.
Councilmember Billings stated if this is on the books and people call and complain, they are
going to have to enforce it.
Mayor Lund said they can support it, especially when they get complaints.
Mr. Harris stated they should not be able to pick and choose the ordinances they want to
enforce. He thinks the 14th Amendment is pretty clear on that. If they are going to enact an
ordinance, then they enforce the ordinance.
Mayor Lund replied he agreed. It is tough to enforce. It does not mean they are discriminatory.
Councilmember Wolfe stated right now there is a sign that says "Do Not Feed the Geese" at
Moore Lake. That was just a deterrent, they did not make it a rule. Now if a police officer
drives by and sees someone doing it, then they have the ordinance in place. The police can do
something about it.
Councilmember Billings asked why they are limiting this to "liquid" hazardous waste. He
asked if there were any solid hazardous wastes that could melt down from rain and become
liquid. He said they need to think about whether they should expand the definition. In terms of
feeding the waterfowl, he has a problem with including property other than public land. He
would prefer to see that the hazardous material section be implemented upon adoption but would
prefer the feeding section to be strictly public land and have it go into effect on some date in the
future such as, for example, January 1, 2008. Signs could be placed on public lands where
feeding is predominant to indicate that the ordinance will go into effect January 1, 2008, and ask
people for their cooperation.
Councilmember Wolfe replied he would support that.
Councilmember Bolkcom asked why two years instead of one year.
Councilmember Billings replied he thinks they need to have adequate time to educate people.
Councilmember Wolfe stated he agreed with 99 percent of what he is saying. He thinks they
could do it by 2007, with the addition of fertilizers.
Ms. Harris stated she appreciates the addition of solids. They may be able to correct it by taking
the word "liquid" out.
Dr. Burns asked if they received a lot of complaints about residents feeding geese, deer or
raccoons.
Ms. Jones said it was not a common thing. It is her understanding they have addressed it in the
public nuisance code, which is very broad.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 15
Dr. Burns asked if they have another tool to handle it.
Ms. Jones replied it is vague and kind of a reach, but they have done that it in the past.
Peter Eisenzimmer, 6350 Oakley Drive, said when they put the aerator in Moore Lake that
brought all the ducks and everything in from all over the country. People are going to feed them.
There is not much they can do about that. They need to turn the aerator off so the ducks do not
go in there. He said not to write an ordinance if they were not going to enforce it.
MOTION by Councilmember Barnette to close the public hearing. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING CLOSED AT 9:18 P.M.
19. Consideration of an Ordinance Repealing Chapter 105 of the Fridley City Code
Pertaining to Landscape Maintenance (Text Amendment, TA #05-08).
MOTION by Councilmember Bolkcom to waive the reading and open the public hearing.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 9:18 P.M.
Ms. Harris, Environmental Planner, stated this is to repeal Chapter 105, Weeds, and create a
new Chapter 105, Landscape Maintenance. The review of this Code was prompted by
commitment to the CWP grant application as stated in previously. The NPDS rules require cities
to take steps to prevent non-point source pollution and also, the code with the proposed language
could improve our chance of obtaining flexibility, DNR standards for Shoreland Ordinance.
This language has been reviewed by the Education Subcommittee of the Springbrook Watershed
CWP Project, the Fridley Planning and Engineering staff, the Fridley Environmental Quality and
Energy Commission, and the Fridley Planning Commission. Discussion results led to the repeal
of Chapter 105 and resulted in an emphasis on protection of waterways, such as no leaves or
grass clippings within 50 feet of waterways and no yard waste in the public right-of-way.
Granular fertilizers, pesticides, and herbicides must be swept from the paved surfaces. No
mowing or fertilizer applications within 20 feet of waterway edge. On properties with waterway
access, there be an allowance for a 10-foot wide mowed path and for public park land there
would be a 20-foot wide path for the vistas. New gutter downspouts must be directed onto a
landscaped area, not a paved area. Rain barrels would be permitted in the side and rear yard.
The Environmental Quality and Energy Commission reviewed proposed language in January
2004. There was no formal motion. The Commission agreed with most of the proposals in
general. The Planning Commission held a public hearing for the te�t amendment. They
unanimously approved the te�t amendment on November 2, 2005. Staff concurs with the
Planning Commission and recommends approval of Text Amendment #OS-08. The first reading
of the ordinance is scheduled for the City Council meeting on January 9, 2006.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 16
Councilmember Billings asked what the intent was to have newly installed roof gutter
downspouts diverted directly onto a landscaped area.
Ms. Harris replied the intent is to allow for two things. One, to filter the runoff into the ground
instead of allowing it to flow directly into the storm drain. Two, to slow down the velocity of the
water; again by having it soak into the ground instead of flowing directly into the storm drain.
Councilmember Billings stated in his case it would flow directly into his neighbor's basement
window. He asked about commercial buildings that may have a parking lot surrounding the
building. He asked how it would be enforced.
Ms. Jones, Planning Coordinator, said they are referring to new construction only.
Councilmember Billings said the ordinance says "newly-installed roof gutters." He just
installed roof gutter downspouts and they are brand new.
Ms. Jones replied he has raised some good points and they will need to look at language for
exemptions where they need to protect surrounding property in residential situations.
Ms. Jones stated in a commercial situation it would only apply to a new and different
installation, not just replacement of the existing.
Councilmember Wolfe asked about the new Target building.
Mr. Hickok, Community Development Director, replied typically on a new building like that,
there are internal scuppers that drop down to a storm pipe. The water is piped away from the
base of the building so you are not relying on a typical residential-type scupper or gutter where it
runs down the side of the building. It is not running overland. He said they do require a five-foot
setback for parking areas, sidewalks, and things like that so that does provide some landscape
area. It is an educational thing and if people know about it ahead of time, they can design the
pitch of their gutters so that it takes it to a direction that is most appropriate and complies with
this ordinance.
Mayor Lund said he thought they would need to put some safeguards in the ordinance.
Councilmember Bolkcom asked if she can put her own gutters in without a permit.
Councilmember Billings said gutters do not require a permit. Fascia and soffit require a permit.
Councilmember Bolkcom asked how they could get the word out to people if there is no permit
required. She asked what the purpose was for the 48-hour requirement for signs.
Ms. Jones said she believes the language was taken from State statute.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 17
Councilmember Bolkcom said with respect to Section E, does this mean she cannot mow the
grass where she lives because it says within 20 feet of the ordinary high water mark from any
waterway without approval from the City.
Ms. Harris replied, yes, that is the interpretation.
Councilmember Bolkcom asked what the purpose was for that requirement. She said if her
grass grows over 10 inches then can she be fined or would it be considered native plants or
vegetation.
Ms. Jones said the intent of the buffer strip is to protect water quality and to protect erosion on
the water body itself. It is something that is becoming real common practice.
Councilmember Bolkcom asked if they were taking away enjoyment of her property by telling
her that she cannot mow her lawn 20 feet from the natural high water mark If she does not mow
her grass and it gets over 10-inches, can they cite her because it is not natural vegetation. She
would have to walk through high grass in order to get to her dock.
Mr. Haukaas, Public Works Director, stated it is becoming more common across the metro area
to install these buffer strips around all waterways, whether it is a creek, lake, or pond. With
respect to her questions about walking through the grass, further in that paragraph it does say you
can mow a 10-foot wide walkway for just that purpose. The 25-foot wide vistas are for City park
land for the enjoyment of those areas and because of the larger machinery used to maintain them.
Councilmember Bolkcom asked what would happen if someone did not take care of their
property.
Ms. Jones replied there is no change proposed in how they address assessments for weed or
mowing violations. It would go through the normal process. In chronic situations where they
have notified people several times in a season to mow, they have been giving them a notice, and
then mowing and assessing it.
Councilmember Billings asked about the edging language.
Ms. Jones replied the edging language comes from the definition of designated natural area
where it is referred to as an edged border.
Councilmember Billings said believed Councilmember Bolkcom's concern is a valid concern.
They are telling people they have to keep it less than 10 inches except in designated natural areas
and they are not exempting the natural area within 20 feet of the water so you do have to keep it
less than 10 inches but you cannot mow it. Also, in 105(B) no person is permitted to deposit or
store yard waste of any kind in a public right-of-way. Should there be an exemption there for
yard waste pickup day.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 18
Ms. Jones replied she thinks the key word there is "store." Their Chapter 113, Solid Waste and
Management code, does specify that yard waste can only be set at the curb the day of pickup. So
what they are referring to here is yard waste that is stored like for a week or for the winter.
Councilmember Billings stated maybe they should put "except as provided in" and then specify
the Code.
Ms. Jones replied that is a good recommendation.
Councilmember Bolkcom stated she has a garden relatively close to the water. She can no
longer put her leaves on her garden in the wintertime because it states no person is permitted to
deposit leaves, grass clippings, or other waste material within 50 feet of the waterway, so she can
no longer put leaves on any of my gardens that are within 50 feet of the lake.
Mayor Lund stated he certainly understands some of the benefits that are being attempted here
to filter storm water runoff and the use of rain gardens, but he thinks it is too much to accept for
people who have been maintaining their yards.
Councilmember Bolkcom said she is all for not mowing the lawn into the water and not
fertilizing to the water's edge on any property. She asked what this is trying to do.
Richard Harris, 6200 Riverview Terrace, discussed storm water runoff on commercial
buildings. He said it will be a problem when the roofs need to be replaced.
Councilmember Bolkcom asked why they would be replaced.
Mr. Harris replied a few years back, because they wanted to insulate the buildings and be more
energy efficient, they went to Styrene insulation and had a serious problem with it. Some of it is
not as good as others. Consequently the sun on the black roof inelts the insulation. The foam is
disappearing and the roofs are shrinking and pulling away from the parapet walls. They used to
try to retain water on the roofs. They no longer do that. Now they slope the roofs to get the
water off as fast as they can and into the drainage retention areas. He has had a lot of experience
with the Shoreland Management operation over the past 20 years and, in the outlying areas, they
were always pushing for a 10-foot setback The 20-foot requirement is new. The idea behind it
was to keep fertilizer and storm water from rushing into the waterways. Things like poison ivy,
dandelions, and Canadian thistle are going to be a problem. It will be a real maintenance
problem. He asked what would be done about leaves from trees that get in the area. He said he
would recommend tabling this item.
Peter Eisenzimmer, 6350 Oakley Drive, said regarding gutters, he has concrete all the way
around his house draining out to cement. The concrete slabs save his yard; otherwise, it would
wash away. All the water in the neighborhood comes through his yard.
MOTION by Councilmember Barnette to close the public hearing. Seconded by
Councilmember Wolfe.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 19
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING CLOSED AT 9:57 P.M.
20. Consideration of an Ordinance Repealing Chapter 208 of the Fridley City Code
Pertaining to Stormwater Management and Erosion Control (Text Amendment, TA
#05-10).
MOTION by Councilmember Barnette to waive the reading and open the public hearing.
Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 9:57 P.M.
Mr. Haukaas, Public Works Director, stated the purpose for this change is bring the City more
in compliance with some of the current stormwater management practices. This is based on a
model ordinance that was developed by the MPCA, and a lot of cities are using it; therefore, we
are going to be more consistent with what other agencies have been doing throughout the metro
area. The purpose of this ordinance is to control and eliminate stormwater pollution along with
soil erosion and sedimentation within the City of Fridley. It establishes standards and
specifications for the conservation practices and planning activities which minimize stormwater
pollution, erosion, soil erosion, and sedimentation. The ordinance defines common terms used
for stormwater management. It provides technical references that are approved by the State. It
sets requirements for what developers have to submit to them. It used to be just an erosion
control plan. Now it is a stormwater pollution control plan. It sets financial securities so they can
enforce these requirements. It also establishes enforcement inspection policies. Some building
permits are required to submit a stormwater pollution control plan. New home construction
requires a plan that shows how they are going to control erosion. The level of the plan depends
on the e�tent of the construction. It would require these temporary controls during construction,
timely restoration after storms, and then permanent controls. The ordinance will expand on those
permanent controls, no longer limiting them to the traditional ponding methods but allowing
some of the newer methods for underground storage or infiltration and for structural treatment
devices. One of the modifications he made to the ordinance is recognizing the fully-developed
nature of Fridley.
Councilmember Billings asked why the ordinance was going from 4 pages to 18 pages.
Mr. Haukaas replied a big part of that is the definitions. It also includes the stormwater
management portions, not just the erosion control components. Adding language for
enforcement, review and inspections takes up space. He chose to go with the State's model
ordinance. They did make some changes to be a little more Fridley-specific. His
recommendation is to make this change.
Councilmember Billings asked if the stormwater pollution control plan applies to a residential
homeowner.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 20
Mr. Haukaas replied the stormwater pollution control plan applies to all building permits, even
for a residential homeowner. It varies depending on the complexity of the project.
Councilmember Wolfe said he believes in Minneapolis when it rains, people are charged for
any water going through their gutter.
Mr. Haukaas replied Minneapolis is a situation where they still had some combined sewer,
stormwater, and sanitary sewer.
Councilmember Bolkcom asked if Section 10 related to just construction. It says the buffer
width shall increase at least 2 feet to 4 feet for every one percent of sloped surrounding land. She
asked if that was more buffer for everyone that has slopes on their property.
Mr. Haukaas replied that is exactly it. This is buffer strip language similar to the previous
ordinance. It they choose not to go with buffers this should be changed.
Councilmember Bolkcom replied but it is not just including the 20 feet, now it is also
increasing the buffer width by at least 2 feet. Then it says 4 feet for all wetlands for every 1
percent of slope to the surrounding land. If she has a sloping backyard, her buffer is really
getting big.
Mayor Lund stated in other public hearings they were talking about the 20-foot buffer and now
they are talking about a 50-foot buffer. When does that apply?
Mr. Haukaas replied a lot of these buffer zones or regulations are from the State.
Mayor Lund stated he just wanted to be consistent.
Councilmember Bolkcom asked if the buffer was an additional2 feet or 4 feet.
Mr. Haukaas replied 2 additional feet for natural waterways and 4 additional feet for wetlands.
Councilmember Bolkcom stated in Section N it says if there is construction, the streets must be
cleaned and swept whenever tracking of sediment occurs and before the site is left idle for
weekends and holidays.
Mr. Haukaas replied they have to make sure they are clean at those times.
Councilmember Bolkcom replied it does not say that. It says must be cleaned and swept
whenever tracking sediment occurs and before the site is left idle for weekends and holidays. So
if the holiday is the 4th of July, it has to be swept and then swept again if it is left idle.
Mr. Haukaas replied if there is sediment there, yes.
Councilmember Bolkcom stated it does not say that, it says when tracking occurs and before
the site is left.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 21
Mr. Haukaas replied during construction they would make them sweep it every weekend. If the
streets are perfectly clean, they are not going to make them sweep them. There does have to be
some reasonableness taken in interpreting what is written.
Councilmember Bolkcom stated under Section F, you can mulch but you cannot plant. She
cannot put grass clippings or leaves but she can mulch within the 20 feet. It is okay to do it here
but not okay for her to do it in her own backyard.
Mr. Haukaas replied these minimum controls are required where soil is left bare. This is a
temporary measure until its final stabilization. There needs to be some ground cover to help
prevent erosion.
Mayor Lund asked what the preferred method of discharge was for pools.
Mr. Haukaas stated there is an ordinance that says you must dechlorinate the water prior to
discharging it into the storm sewer.
Richard Harris, 6200 Riverview Terrace, stated he would like to talk about how they retain or
detain our storm waters. Back in the early days, they did not have any open ponds. They had
low areas that detained the storm water for a certain period of time until it drained away
naturally. He asked why they are creating ponds with standing water.
Mr. Haukaas replied he thinks why that is happening is primarily the high cost of open space.
Land has become so expensive that they are making these ponds smaller and deeper.
Mr. Harris said they could also be a safety hazard.
Councilmember Bolkcom stated with respect to the section related to sediment basins, does that
also include sediment basins by the Rice Creek Watershed that they have developed. She asked
if they have to take care of those.
Mr. Haukaas said those are options to control runoff. It depends on the size of the development
and is site specific. He said none of this is new. This is how stormwater ordinances have been
developed since about 1983. Our language really was very loose. It did not give them the tools
they needed to enforce even the sweeping. He thinks this ordinance is a good thing for our City.
The majority of these are things that are going to be taken care when they are developing a site.
The engineers for a developer are going to have to go through the checklist and make sure that
everything is covered.
Councilmember Bolkcom stated it is not just related to construction. It is related to vegetative
buffered protection for lakes.
Mr. Haukaas replied she is correct. There are the permanent controls also.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 22
Councilmember Bolkcom stated she is not ready for this to come back on January 9. She is
very concerned. This is a huge impact for a lot of people. There are a lot of questions, and she
thinks there needs to be more discussion on this.
Mayor Lund stated he would say that Items 18, 19, and 20 all need some further discussion.
MOTION by Councilmember Barnette to close the public hearing. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING CLOSED AT 10:28 P.M.
NEW BUSINESS:
21. Resolution Certifying Final Tax Levy Requirements for 2006 to the County of
Anoka.
Richard D. Pribyl, Finance Director, stated that at the last Council meeting, the City Manager
provided them with his 2006 budget message. The proposed levy complies with the State law
and other City Charter requirements. The City passed a proposed levy in August in the amount
of $8,757,188. The resolution before them is considered the final levy and is exactly the same
dollar amount. The 2006 levy represents an increase of 8.5 percent over the 2005 levy. The
average levy of all statewide jurisdictions is averaging 10.2 percent. The statewide city average
is actually amounting to an increase of 9.2 percent. Recapping the levy itself, the general fund is
at $8,189,475; the capital project fund, $100,230; our agency funds which incorporate the
watershed management organizations, $6,200 and $8,900; the market value based referenced
levy for Springbrook Nature Center at $282,700; and the bonds that actually support our street
projects at $169,683, for a total of $8,757,188. Staff recommends approval of the resolution.
This is the amount that has been used in the 2006 budget that they have been working on
throughout 2006 and is part of the 2006 truth in taxation process.
Peter Eisenzimmer, 6350 Oakley Drive, offered suggestions on what can be done to lower
taxes. He said the HRA costs the taxpayers $250,000 a year. He thinks the program should be
thrown out. He does not think the City should be in real estate. Spending on the Springbrook
area is $275,000. They have people working in the City that they do not need. They could cut
the money used to mow the grass on University Avenue and let the State take care of it. They do
not need tax increments. If they want to build in the City, they should pay the full tax. They
could save themselves almost $1 million. He said Council each got a new laptop computer a few
years ago and he figured that was an expense of about $10,000. Also some of the parks could be
torn down. Each park's playground is costing them from $30,000 to $60,000. Not all the parks
would have to be mowed and the part-time help could be cut back. We could then put more
homes up and get more tax money coming in.
MOTION by Councilmember Barnette to adopt Resolution No. 2005-81. Seconded by
Councilmember Bolkcom.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 23
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
22. Resolution Adopting the Final Budget for the Fiscal Year 2006.
Mr. Pribyl, Finance Director, stated everything they have prepared is in conformance with State
statutes and the City Charter requirements. The certification for the final budget must be to the
County Auditor by December 28. The City Manager's budget message is on the City's website
at www.ci.fridlev.mn.us. They do have a total budget of all funds of $18,353,407 which is 11.6
percent over the 2005 budget.
Councilmember Billings stated there were a number of comments about cutting the budget. He
asked if they eliminated some employees in 2003.
Dr. Burns replied they made substantial cuts in 2003, not only full-time and part-time employee
cuts, but a long list of things out of the budget. There were seven full-time positions that were
cut out of the 2004 budget as a result of the loss of State government aid. Quite a number of
part-time positions were affected as well. The one position they are recommending be included
in the 2006 budget is the firefighter position. It had been budgeted for in 2003 and never filled.
There were a number of other positions that have been vacated or people retired and they kept
them vacant as well. They also discontinued membership with the North Metro Mayors
Association which was a savings of almost $18,000. They eliminated all national conferences
out of the City's budget; the City's contribution to Mediation Services of Anoka County (they
have since replaced that); the mowing of the University Avenue corridor (they have since
replaced that); contract street sweeping at a savings of $10,000; contract snow plowing at a cost
of $13,000; senior concession workers at Community Park at a savings of $3,400; the 49'er Days
contribution for a savings of $4,000; funding of skating rink attendants; the citizens survey at a
savings of $20,000 (they have since replaced that); money in the budget for lobbying services in
the amount of $15,000; employee appreciation and commission banquets at a savings of
$12,500; ongoing maintenance contract for cable equipment for a savings of $7,200; the yard
waste site at a savings of $7,360. They did do a thorough review of the budget, and cut almost
everything and anything that was not related to maintaining existing levels of service.
MOTION by Councilmember Barnette to adopt Resolution No. 2005-82.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
4. Resolution Approving a Plat, P.S. #05-04, Lots 1 and 2, Olivia Grove, by the City of
Fridley, for the Purpose of Creating Two Lots, Generally Located at 753 and 755 —
53rd Avenue NE, Fridley, MN (Target Corporation) (Ward 1).
Councilmember Bolkcom asked if they have approved a final plat without having a
development agreement in place.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 24
Mr. Hickok, Community Development Director, said development agreements with the plat as a
companion document are a fairly recent happening. Typically the development agreement does
two things: it embodies basically the contractual arrangement for public improvements to
happen on a project, and the stipulations and plat itsel£ There is no public improvement related
to this project. The development agreement will embody the stipulations and that, too, would be
filed.
Councilmember Bolkcom asked the City attorney about Stipulation No. 13.
Mr. Knaak, City Attorney, said he is comfortable with this. It is not at all uncommon that they
would have parallel tracks between a development agreement and a commercial development
and in platting. It gives a City an opportunity to focus on additional specifics if they choose to.
In this case he would expect them to look very similar to each other.
Councilmember Bolkcom asked if he has seen a draft.
Mr. Knaak said he has. It is his understanding it is being currently reviewed by their attorney.
Councilmember Bolkcom stated by February 15.
Mr. Knaak replied, frankly, within a week.
Ms. Jones, Planning Coordinator, said she had a conversation with a representative from
Westwood who is working with Target on the development agreement and that is exactly when
they expect it will be done. They are on about a third draft of the development agreement.
There are just some minor details they need to work on. They should have it finished by the ne�t
Council meeting.
Mr. Knaak stated he can say with some assurance that what differences he has seen in these
exchanges are not major.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2005-74 with the following
thirteen stipulations:
1. Petitioner shall obtain all necessary permits prior to construction.
2. Any remaining debris from demolition of existing buildings on site shall be removed
prior to granting of final plat.
3. Grading and drainage plan to be approved by City's engineering staff prior to issuance of
any building permits, in order to minimize impacts to the surrounding properties.
4. The petitioner shall provide proof that any existing wells or individual sewage treatment
systems located on the site are properly capped or removed.
5. During construction, silt fencing shall be used where applicable.
6. Petitioner to pay required park dedication fees of $0.023 per square foot for a total of
$19,308.98 for both plats prior to issuance of building permits.
7. Petitioner to pay all water and sewer connection fees, including sanitary sewer e�tension.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 25
8. The petitioner shall agree to preserve mature trees to the e�tent possible. All trees
required to be removed for the new construction shall be marked and approved by City
staff prior to issuance of building permits.
9. Commercial building shall meet all parking and setback requirements unless abated by a
variance.
10. Add appropriate address and marking requirements per Fire Code.
11. The petitioner shall agree to the terms of a development agreement and shall be prepared
by City staff and approved by the City Council simultaneous with their final plat
approval.
12. Petitioner shall replace existing west fence from the southern edge of the adjoining City
park to the northwest corner of their property with 7' high vinyl coated chain link fence,
including installation of Engelman ivy planted 2' on center along the fence base along the
Cheri Lane cul de sac.
13. Target Corporation shall request any and all changes to the development agreement in a
timely manner, so that the development agreement can be finalized and before the City
Council for approval by February 15, 2006.
Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
9. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise
Permit for Fridley American Legion, Post 303, Generally Located at 7365 Central
Avenue NE (Ward 2).
Councilmember Bolkcom asked why they are going to e�tend the license from 2006 to 2008
when this does not expire until ne�t year and it is suspended?
Mr. Pribyl, Finance Director, replied their current license expires on February 28, 2006. They
ordinarily require a 60-day lead time for renewal of the licenses. Although the license is
currently suspended, the State is actually making the request for them to bring it to Council to be
approved because they want to keep it in their normal license process. All of them run from
March 1, 2006, to February 28, 2008. They will keep their license under suspension until they
are satisfied the items that caused their suspension have been corrected.
Councilmember Bolkcom asked what would happen if they did not get their license back.
Mr. Pribyl stated they are just passing a resolution stating the City Council does not see any
reason that they would not be allowed the premise permit. The State actually issues the premise
permit.
MOTION by Councilmember Billings to amend the third "Whereas" paragraph of the resolution
to read as follows:
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2005 PAGE 26
WHEREAS, the licensee's current license has been suspended for a two-year period
beginning December 14, 2004, and ending December 14, 2006; and
Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2005-79 as amended.
Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
8. Resolution Providing for Water Rate Change.
Mr. Eisenzimmer, 6350 Oakley Drive, asked if they changed this from 5,000,000 gallons.
Mr. Haukaas, Public Works Director, stated the 5,000,000 benchmark has always been in the
resolution related to water rates.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2005-78. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
23. Informal Status Reports.
There were no reports.
ADJOURN:
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 11:07 A.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor