01/22/2007 - 00028955CITY COUNCIL MEETING
CITY OF FRIDLEY
JANUARY 22, 2007
The City Council meeting for the City of Fridley 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-at-Large Barnette
Councilmember Varichak
Councilmember Saefke
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Richard Pribyl, Finance Director/Treasurer
Fritz Knaak, City Attorney
John Berg, Fire Chief
Jon Haukaas, Public Works Director
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
NEW BUSINESS:
1. Resolution Receiving Final Plans and Specifications and Ordering Advertisement
for Bids: 2007 Neighborhood Street Improvement Project No. ST. 2007 — 1.
William Burns, City Manager, stated this project is generally located in the west side of
Melody Manor and in an area southwest of Fridley High School. Staff recommends Council's
approval.
ADOPTED RESOLUTION NO. 2007-08.
2. Resolution to Adopt the Anoka County Multi-Jurisdictional Hazard Mitigation
Plan.
William Burns, City Manager, stated this is a document required by the federal government as
a prerequisite for hazard mitigation funding. The plan was prepared and completed in May of
FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 2007 PAGE 2
2006 and approved by the Department of Homeland Security. The plan describes the most
significant natural and man-made hazards that could impact Anoka County. Fridley portion of
the plan indicates the need to address potential flooding problems on City streets as well as to
train City personnel in the use of 800 MHz communications equipment. Staff recommends
Council's approval.
ADOPTED RESOLUTION NO. 2007-09.
3. Resolution Adopting Revised 2007 Emergency Operations Plan.
William Burns, City Manager, stated the Fridley Police Department has completed its four-
year review and update of Fridley's Emergency Operations Plan. The plan meets federal and
state guidelines and has been approved by both the Anoka County Emergency Preparedness
Manager and the Minnesota Department of Public Safety. Staff recommends Council's
approval.
ADOPTED RESOLUTION NO. 2007-10.
4. Resolution Authorizing Changes in Appropriations for the 2006 Budget for November
through December, 2006.
William Burns, City Manager, stated the changes include $9,921 in General Fund
appropriations. These are all offset by various grants and donations. There is also a Solid Waste
Abatement Fund appropriation of $100,000. This is the amount needed to cover the accumulated
shortfall for this program. The money was transferred from the "Closed Bond Fund." There
were also Capital Improvements Fund adjustments for the Fire Department's garage door
modifications ($45,000) and for the City's share of signal improvements at University Avenue
and Osborne Road ($13,759). Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA
5. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise
Permit for the Northeast Lions Club at Baggan's Pub located at 3720 East River Road
N.E. (Ward 3).
William Burns, City Manager, stated that this group conducts charitable gambling at five
locations in Minneapolis, Robbinsdale, and St. Anthony. We have good reports on them from
the Minnesota Gambling Control Board and the Minneapolis Police Department. Staff
recommends Council's approval.
ADOPTED RESOLUTION NO. 2007-12.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 2007 PAGE 3
6. Approve Agreement between the City of Fridley and the Fridley'49er Days, Inc.
William Burns, City Manager, stated that this is a renewal of the agreement for use of a City
vehicle to pull the Fridley '49er Days float in area parades. Staff recommends Council's
approval.
APPROVED.
7. Motion to approve Pay Equity Compliance Report.
William Burns, City Manager, stated that this is a report that must be updated every three years
under the requirements of the Minnesota Pay Equity Act of 1984. The intent of the report is to
demonstrate that female-dominated classes of employment are not paid disproportionately less
than male-dominated classes. In October, Council adopted the City's revised compensation plan,
which, among other things, addressed pay equity issues. The Pay Equity Implementation Report
indicates that Fridley has an "under payment ratio" of 92.1%. This means that female-dominated
classes are paid at the rate of 92.1% of male dominated classes, an amount that is well above the
80% required by State law. The report also shows that the salary range for female-dominated
classes is 94.6% of male-dominated classes. Also, since only 2.6% of our male-dominated
classes receive "exceptional service pay," we are well below the 20% level allowed by the State.
The only exceptional service pay is the longevity pay that we provide for police patrol. Staff
recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA
8. Claims (130131-130326).
APPROVED.
9. Licenses
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
MOTION by Councilmember Barnette to approve the consent agenda as presented with the
removal of the minutes from the January 8, 2007, City Council meeting and Items 4 and 7.
Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to adopt the agenda with the addition of the minutes
from the City Council meeting of January 8, 2007, and Items 4 and 7. Seconded by
Councilmember Barnette.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 2007 PAGE 4
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC SERVICE ANNOUNCEMENT:
John Crelly, Assistant Fire Chief, presented an overview of the new aerial fire truck The new
truck was built by Crimson Fire in three phases. In Phase 1, the truck and chasse were built in
Charlotte Michigan. Phase 2 included building and assembly of the ladder, and the ladder was
mounted, tested and certified in Lancaster, Pennsylvania. Phase 3 involved the final assembly of
the truck which included mounting the fire pump, water tank, generator, cabinets, painting,
wiring, etc., in Brandon, South Dakota. The main features and benefits of the new aerial truck
were discussed. With this new truck, the firefighters can arrive at a fire and be at the fifth level
of a building putting out a fire in about 5 minutes after arrival.
Mr. Crelly said that it has been a long process to obtain this fire truck The total cost was
$766,755. The City was able to purchase the truck with the help of a$450,000 grant from the
U. S. Department of Homeland Security and Office of Domestic Preparedness. Cummins Power
Generation donated the hydraulic generator set.
Councilmember Bolkcom asked why this new aerial truck was needed.
Mr. Crelly answered that to respond to a fire, the department used to have to take two trucks and
two fire crews. With the new truck, only one truck needs to go out on a call. This is an effective
unit to do the job, and it will allow the firefighters to work smarter and better.
Councilmember Bolkcom asked if there was an additional cost to make modifications to the
garage to fit the new truck.
Mr. Crelly said there was. They knew it would be close. It cost $30,000 to renovate the door
opening.
Councilmember Saefke commented that the new truck provides more safety for the firefighters.
With the old truck, firefighters had to e�tend the ladder and then climb to the top. With the new
truck, the equipment raises with the firefighter in the bucket.
Mr. Crelly agreed that the new truck does have the lu�ury of safety. The new truck can take the
firefighter right up to a window in the bucket for a rescue or to put out a fire.
Councilmember Saefke commented that members of the Council were able to ride up in the
bucket. There is even an air supply in the bucket so the firefighters do not have to carry tanks on
their backs. This is really something for the City to be proud of.
OPEN FORUM (VISITORS):
Richard Wolfe, 960 Hathaway Lane, stated the Holiday Gas Station near Moore Lake has
received complaints that the speakers are too loud. This Holiday is a pre-pay only gas station
FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 2007 PAGE 5
and he feels he is responsible for the speakers because he fought to get them turned on. The
speakers have been tested and they are not too loud. Maybe on occasion an attendant may speak
too loud into the microphone or yell, but have been instructed to just talk into the microphone.
City staff and the police have been on the site and have listened and could barely hear the voices
on the speakers when standing back by the fence. Holiday offers a great service and is trying to
make it work The station has eight pages of signatures supporting this service. The speakers
are only used when someone does not realize this is a prepay station. At that point, the attendant
talks into the speaker and asks the customer to come in and prepay for their gas. The station
does have a note on the speakers not to touch the volume and they are trying not to violate the
noise laws of the City.
Mayor Lund said he talked to the person who filed the complaint and understood that this is not
an issue at this time. Periodically staff will stop in to check on the speaker levels. Holiday was
advised to keep the volume down and alert any new attendants at the station of the rules.
Mr. Wolfe commented that there are a lot of stipulations on this station's special use permit.
They are not open 24 hours. They close at 11:00 p.m.
Darrel Klein, 6679 Arthur Street N.E., stated three years ago the City built an asphalt
walkway/bikeway from the south end of Moore Lake, past Sandy's and Medtronic to a concrete
sidewalk at Osborne Road. Last spring he called the City to see if they could get the walkway
plowed. People walk on the road and it is dangerous. When he called the City, they said it was a
County problem. He called the County who said it was a City problem. Three weeks ago it
snowed, and the City said they did not have the time and were not expected to plow the
walkway. People walk on the street. It is dark out and they have dark clothing on. It is
dangerous. He was looking for an answer as to why they could not plow this walkway.
Jon Haukaas, Public Works Director, stated that it is an equipment and personnel problem. The
equipment needed to plow this path would cost about $80,000 not including the staff time to
plow it. When it snows, there is no e�tra staff on hand. If the snow is not plowed right away, it
is difficult to plow because the ne�t day it is frozen to the ground and hard to get at. Also people
along the path shovel their driveways and complain because snow gets pushed into their
driveway from the plow. Currently the City has about 12 miles of walkways and bike paths and
the City cannot maintain them all.
Councilmember Bolkcom commented that East River Road is another area that people have
wanted plowed.
Mayor Lund said it would be nice to have it done. Currently, the areas that are used the most
are plowed.
Mr. Haukaas added that the reason the concrete walks are plowed is because they are ne�t to the
schools and they are plowed for safety reasons.
Dr. Burns, City Manager, added that this was a question on the citizen survey a few years back
and there was no support to spend additional money on plowing the walkways and bike paths.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 2007 PAGE 6
Mayor Lund commented on the concerns the citizens brought up at the last council meeting
regarding the Comprehensive Plan. Staff is currently reviewing the information and updating the
Comprehensive Plan which will be completed by March of 2007. At the same time the City is
reviewing the current plan, a consultant, Jon Carpenter, will be updating the necessary
demographic data. This work should also be completed by March of 2007. The ne�t section of
the Comprehensive Plan will be a cross section from residents and community interests in
reviewing all aspects of the Comprehensive Plan. The public part of the review will be
accomplished in the Spring/Summer of 2007. The public input is hoped to be completed by the
end of August 2007. The meetings will be advertised in the Focus, on cable and in the City's
newsletter. In November, 2007, Council will review the plan and ask again for public input.
Council will be conducting its review of the plan in January, 2008. Thereafter it will be
submitted to the Metropolitan Council for their review and approval. If all goes well, we expect
their approval by September of 2008. This is just a rough timetable. There will be a lot of
opportunities for residents to give their input to the Comprehensive Plan and the meeting times
will be published.
Councilmember Barnette stated a lot of people criticize the Comprehensive Plan and say they
did not know about the hearings. The City is making every effort to tell people about the
meetings that are coming up regarding the Comprehensive Plan. The City wants input from the
residents.
Councilmember Bolkcom said that citizens may say they were never notified about the hearing
and knew nothing about the Comprehensive Plan, but every resident receives a letter regarding
this plan. The City is inviting people to come to the meetings.
NEW BUSINESS:
10. First reading of an ordinance amending Chapters 11 and 108 of the Fridley City Code
Pertaining to Fees and Open Burning.
John Berg, Fire Chief, stated that this ordinance is requested for three basic reasons. First of al,
the City does not have a permit process for open burning. The Fire Department allows fires for
the purpose of removing vegetation, like prairie grass at Springbrook Nature Center or Medtronic
World Headquarters, but we do not have an application process that allows the Fire Department
to review the conditions or make recommendations. Secondly, the Minnesota State Statutes and
the Fire Code do not prohibit open burning of vegetation. Currently any resident of the City
could burn leaves or other vegetation in a burner or on the ground if there is three inches of
snow. Third, the Minnesota State Fire Code is not as restrictive as the rules that are published by
the Fridley Fire Department. There is no legislation to back the Fire Department rules that are
published. The City will benefit from the ordinance by having a permit process for open burning
that allows the Fire Department to review and give input on burn plans and to have the ability to
monitor burns and have published rules for shutting down a burn if necessary. Given a suburban
setting, it is in the public's best interest to prohibit the burning of vegetation. By adopting this
ordinance, the Fire Department will be able to enforce the rules that have been encouraged and
practiced in the past. In addition, some new rules have been recommended and incorporated into
the ordinance. These rules are practiced in other communities and include restrictions on
FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 2007 PAGE 7
burning during air quality alerts as recommended by the Minnesota Pollution Control Agency
and restrictions during burning bans as recommended by the Minnesota Department of Natural
Resources. Recreational fires would be restricted between the hours of 1:00 a.m. and 9:00 a.m.
in the interest of neighbors in the community. Also the minimum distance from a fire to
combustibles will be reduced from 25' to 15' when fires are contained in approved fire places.
Staff's recommendation is to approve the first reading of the ordinance.
Councilmember Bolkcom asked if the burning fee would apply only to someone burning a wild
grass fire but not to someone who had a fire in their back yard 3' wide by 2' high.
Chief Berg answered that is correct. No permit would be needed for a recreational fire.
Councilmember Bolkcom asked how they dealt with the complaints that are received regarding
recreational fires when neighbors complain they cannot open their windows because of the
smoke.
Chief Berg did not expect this to reduce the number of complaints, but they can enforce the
times the burning is allowed. It is not allowed between 1:00 a.m. and 9:00 a.m.
Councilmember Bolkcom stated that if someone were to call 911 if a neighbor was burning
leaves or construction material it would be means for a ticket, and it is well defined in this
ordinance.
Chief Berg answered that is correct.
Councilmember Barnette asked if it was okay to burn leaves in a fire pit during the appropriate
hours.
Chief Berg answered no, you could not do so this under this ordinance. Only clean wood or
charcoal would be allowed in recreational fires.
Mayor Lund asked if a police officer had the authority to stop someone from burning a fire.
Chief Berg answered that with the permit for burning, the fire would be monitored by the Fire
Marshall. If the rules are not followed, the permit could be revoked and a citation could be
issued by the Fire or Police Departments.
Councilmember Varichak asked if a fine would be issued with the citation.
Chief Berg responded that there could be a fine of up to $1,000 or 90 days in jail.
Councilmember Bolkcom asked if the fine only relates to burning and not recreational fires.
Chief Berg answered that with any ordinance, the resident could get a ticket if in violation of
any part of the ordinance.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 2007 PAGE 8
MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA ITEMS REMOVED:
Approval of Minutes from City Council Meeting of January 8, 2007.
Councilmember Saefke asked that the following corrections be made:
Page 8, third paragraph, change the date from December 26 to February 26
Page 12 change number 5 from additional to addition.
Page 15 change number 5 from additional to addition.
Councilmember Bolkcom asked that a correction be made on page 4 to change the League of
Minnesota's delegate from Mayor Lund to Councilmember Bolkcom.
MOTION by Councilmember Saefke to approve the minutes with the above corrections.
Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
4. Resolution Authorizing Changes in Appropriations for the 2006 Budget for November
through December, 2006.
Councilmember Bolkcom asked about the $5,000 Senior Holiday Lunch line item.
Richard Pribyl, Finance Director/Treasurer, answered that this is the donation provided by the
Fridley Lions Club regarding the holiday lunch. The Lions Club donated this meal and at the
time of the budget, we did not have the funding for this lunch.
Councilmember Bolkcom asked if it was a line item in the City's budget.
Mr. Pribyl said it was.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2007-11. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
William Burns, City Manager, said the Senior Holiday Lunch is an annual event and usually
only occurs when the Lions come forward with their contribution. It is a Lions Club event that
FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 2007 PAGE 9
occurs at the Fridley Community Center for the seniors. It is not something that is typically
funded with City funds.
7. Motion to Approve Pay Equity Compliance Report.
Councilmember Bolkcom asked why the years of service are not listed for everyone.
William Burns, City Manager, said he would check and get back to Council. This report needs
to be filed by January 31 so it needs to be voted on at this meeting.
MOTION by Councilmember Bolkcom to approve the Pay Equity Compliance Report.
Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
INFORMAL STATUS REPORT
William Burns, City Manager, said the City newsletter will be going out February 2 to the Post
Office and should be in residents' mailboxes by February 9.
Councilmember Bolkcom stated she would like to have a brief conversation regarding the
request from Mr. Westby. She would also like to talk about the Comprehensive Plan and the
Osborne railroad crossing.
Jon Haukaas, Public Works Director, reminded citizens about the Fridley Winter Festival
coming up this weekend at Commons Park.
Councilmember Barnette said that on Tuesday a retirement program will be held for for Kurt
Morse at the Fridley Community Center from 3:00 to 4:00 p.m.
ADJOURN:
MOTION by Councilmember to adjourn. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 8:40 P.M.
Respectfully submitted by,
Krista Monsrud Scott Lund
Recording Secretary Mayor