08/13/2007 - 00029161CITY COUNCIL MEETING
CITY OF FRIDLEY
AUGUST 13, 2007
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:27 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Lund led the audience in the Pledge of Allegiance to the flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
Layne Otteson, Assistant Public Works Director
Andrew Villella, Intern
Laurel Tracy, Intern
PRESENTATION BY ANDREW VILLELLA — SYSTEMATIC CODE ENFORCEMENT
INTERN
Scott Hickok, Community Development Director, introduced Andrew Villella. Mr. Villella was
the City's code enforcement intern this summer and did an excellent job. He is a student at
St. Cloud State University in the area of urban studies with an emphasis on planning.
Andrew Villella, code enforcement summer intern, stated there were over 8,854 properties that
were inspected by systemic code enforcement. There were nearly 430 properties that were found
with code violations. Approximately 92 percent resolved their violations after the first notice. It
showed that the residents of Fridley were more than willing to come into compliance with their
code violations. Code enforcement is an ongoing effort to keep the City looking neat and
functioning in an orderly manner. Planning staff receives daily phone calls and complaints
which then result in follow-up that can be timely and expensive in administrative work.
Systematic code enforcement can be a proactive practice. Because we sweep through every
property in every neighborhood, we can eliminate problems before they get out of hand. It also
improves the city's image, raises its property values, and frees up planning staff time for other
projects. It reduces crime and raises residents' awareness of proper property maintenance.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 2
Mr. Villella stated the properties included multi-unit and single-family residential. There were
730 first notices sent and only 34 needed to have a final notice. Of those 34, 5 needed further
action in the form of a letter. He did sent 53 lawn abatement letters and 10 of those needed to be
abated. He granted 27 e�tensions and, in most cases, those were people who had been ill for the
summer or had a death in the family and just needed more time to clean up.
Mr. Villella stated the top five code violations were very consistent with the complaint code
violations that are received by the planning staff throughout the year. Outside storage is almost
half of them and is the biggest code violation the City has. Inoperable or improper vehicle
parking is also big. There were a lot of brush piles, lawn grass and leaves, and solid waste.
Mr. Villella showed a map of the City that marked the locations of the violations and there was
no neighborhood that had any more violations than the others. In conclusion systematic code
enforcement is a valuable tool which has been proven effective in the past. It helps resolve code
violations before they get out of hand and keeps the e�erior of properties clean and functioning
appropriately. There will still be code violations in the future; however, systematic code
enforcement has made the amount of violations significantly less.
Mayor Lund asked whether this is something they need perhaps every other year. He asked if
there had been any discussion on this.
Mr. Villella replied from what he has seen this summer a lot of the code violations were with
solid waste, such as bags of leaves from the previous fall left out. Things like that are annual
problems. Therefore it should be done annually.
Mr. Hickok said this gives them an opportunity to get ahead on complaints. They would like to
continue with this if it works budget-wise.
Councilmember Bolkcom asked if there was anything else Mr. Hickok could recommend to
them besides doing this yearly. She said she has received fewer complaints this year than she
has in the past.
Mr. Hickok replied at one time they had one full-time code enforcement staff person and
clerical staff to assist. Since they no longer have that, they have divided the responsibility
among the remaining five Planning division staff. It has been very effective, but it does not
allow them to get ahead of the curve. It does not allow them to get out and systematically
inspect. It simply allows them to respond more on a reactive basis. This summer they were able
to get the bulk of the complaints that would be coming in and catch them before they became
complaints. He thinks over time, on a continuum, they would see complaints diminish. The
more they can keep ahead of the curve, the better neighbors will be helping neighbors.
Councilmember Bolkcom stated it seems to her unless they continue to do some type of
systematic thing, they will continue to deal with the same people because she has to believe
some of these are repeat customers.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 3
Mr. Hickok said they would like to raise the level of understanding and maybe residents will
start to understand the City Code better.
PRESENTATION BY LAUREL TRACY ON HOUSING CONDITIONS STUDY
Mr. Hickok stated Laurel Tracy is an architecture intern who goes to N.D. S.U. and is working
on a Master's degree in architecture. She is also a Fridley resident. They were very fortunate to
have her hired by the HRA and do a housing condition survey for them.
Laurel Tracy, intern, stated this summer her primary task was to complete a survey of the
conditions of the City's housing stock The survey served a number of purposes: to help
establish a general understanding of the conditions of our housing, use this information to help
inform our process of updating the Comprehensive Plan, use this information to help evaluate
our need to establish a Housing Maintenance Code based on actual observed conditions, and
finally, use it to evaluate our need to target home improvement funding for a specific
neighborhood or types of home improvement projects.
Ms. Tracy stated to collect the data they did a systematic survey of every residential property in
Fridley. This included both single and multi-family units. It excluded manufactured units
because the characteristics of houses did not match criteria for the survey. They used five
categories to evaluate the condition of each house. Using a 3-point scale, they rated the roof,
soffits and fascia, the siding and paint, the windows and doors, and the foundation. A score of
"3" meant excellent, and a score of "1" indicated a need for repair. The computer then took
these 5 components and calculated an average score for each home.
Ms. Tracy stated regarding the roof component, the majority of homes in Fridley received an
excellent score; 68 percent of our homes have roofs in excellent condition. They suspect that the
major storms that went through the community, resulting in roof replacements, were a large
contribution to this percentage.
Ms. Tracy stated regarding the second component, soffits and fascia, 88 percent of homes in
Fridley received an excellent score for this category. However, while she was out in the field,
she did notice that peeling paint on soffits and fascia was a fairly common problem. This,
however, is reflected in the ne�t category, siding and paint.
Ms. Tracy stated 68 percent of homes in Fridley received a score of excellent in the siding and
paint category. She suspects that the lower percentage of this category is the result of some of
the more typical cosmetic problems she noticed while in the field. This includes the peeling
paint on the soffit and fascia boards and also peeling paint on window and door panes. She also
noticed that vinyl siding on even some of our newest development projects and newly remodeled
homes often suffered from disrepair.
Ms. Tracy stated regarding the fourth category, windows and doors, 89 percent of windows and
doors are in excellent condition. However, though most windows are not necessarily in a state of
disrepair, she would suspect that most homeowners would prefer to upgrade to more energy
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 4
efficient windows. She also noticed, while out in the field, that faded screened doors, damaged
garage doors, and front doors damaged by dogs were fairly common.
Ms. Tracy stated regarding the fifth category, foundations, the survey was completed simply
from the street in order to respect residents' privacy and to prevent any trespassing issues.
However, most foundations in Fridley are not necessarily visible from the street. She spoke with
City inspectors and a number of residents and asked them what they thought of their foundations
just to get more of a general idea. It was decided that, unless there were signs of obvious settling
or disrepair, it was safe to assume that the foundation of a home was in excellent condition.
Based on these criteria, they found that 98.7 percent of Fridley homes have foundations in
excellent condition.
Ms. Tracy stated looking at the averages, while she was out in the field, she took notes of the
scores homes were receiving and their general appearance. Using this informed information, she
developed four scoring categories. A home that received a 2.6 to a 3 generally appeared in
excellent condition. A home that received a score of 1 was in need of repair. Out of over 7,000
homes in Fridley they only had three that received a 1; 85 percent of our homes are actually in
excellent condition. The homes are well distributed throughout the City.
Councilmember Bolkcom stated peeling paint does not make a home have an excellent rating,
but those are some of those issues they hear from some people. She asked what staff thought
about having some type of e�terior code maintenance.
Mr. Hickok replied the important thing they discovered through this is that the homes were
generally in very, very good condition. That was factored in when determining what criteria
would be used. There were a number of situations where paint might be the issue on the house
but did not by itself give it a poor rating. He thinks generally the criteria were laid out to get
precisely the types of things they are looking to get at.
Councilmember Bolkcom asked if they need to address any issue at this point.
Mr. Hickok replied one of the good things about this is they have identified where problems
exist, and it allows them to help work with property owners and their housing problems. One of
the reasons why the HRA felt this was such an important thing is because they do offer loan
programs and home improvement programs. Those homes rating in the 1.2 — 2.0 range would
certainly be good candidates for our programs. They can do more specific marketing programs
to some of those homeowners who may not realize we have them and can help them out.
Councilmember Barnette stated he received a complaint from someone about their neighbor
who had gutters falling off, had not painted the house in 20 years, and woodpeckers had put
holes in the siding. Does the City have some kind of control to make that person do something
about that?
Mr. Hickok stated when they get that kind of complaint, they take a look also and to see if it
even meets the minimum standards from a building code perspective. We do not have a Housing
Maintenance Code but if there are characteristics about the home that indicate it should not be
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 5
occupied, they would evaluate that and talk to homeowners directly about getting involved in
some of the home improvement programs. Residents can have a free remodeling advisor visit
their home. That might be a good first step for them because the advisor will leave them a report
on what their house condition is and what their recommendations would be.
Councilmember Barnette asked if that homeowner comes back and does not do anything, do
they have a lever at this time to get the homeowner to upgrade until the neighbor says it looks
good.
Mr. Hickok replied, no. One of the things about a Housing Maintenance Code is really it can be
cut both ways. You may look at this score and ask, do we really need a Housing Maintenance
Code. On the other hand you might say, 85 percent of our homes are in good to excellent
condition, maybe this is the best time to initiate a Housing Maintenance Code when it does not
have a lot of controversy wrapped around it. This study was not meant to prove or disprove that
a Housing Maintenance Code was necessary but really to get a handle on what our conditions are
throughout the entire community.
Councilmember Bolkcom asked if 85 percent is enough and if they need to do something to try
and keep that score up. She asked Mr. Hickok if he had any idea what other cities were doing.
Should they possibly do it every five years?
Mr. Hickok replied he did not think this was original to Fridley. This was done ten years ago,
and one of things they found was our homes generally are in very, very good condition.
Probably better condition than they were ten years ago. One of the contributing factors was
probably the two major storms we had in the last ten years, causing homes to get reroofed and
resided.
Councilmember Saefke stated one of the complaints he seems to get quite often is landscaping.
He asked if that counted at all towards the survey.
Ms. Tracy replied when she was out in the field, occasionally she would get an opportunity to
talk to a resident and she would make a point of asking how they felt about adopting a Housing
Maintenance Code and if it was something the City needs. If they were pro-housing
maintenance code, the first thing they would say is, yes, that person does not cut their lawn. The
survey was not accounting for that and they were specifically looking at the house on the
property and not the lawn because that is already addressed by the City Code. However, she did
find it interesting that usually what came to mind was usually the landscaping.
Councilmember Saefke stated several years ago he knows the Sewer Department did a survey
for sump pumps in basements so they would be separated from the sanitary. He realizes that
foundations were just observed from the street, but he knows from his own experience there are
certain locations where the water table is high. He witnessed some foundations that actually had
water spilling onto the basement floor. The other issue that is rearing its head today, the same as
it did in 1987 through 1989, during the last drought, is some of our areas have clay. The clay is
probably drying out which means it is shrinking. He knows they had a lot foundation problems
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 6
then in the general area of Horizon and 53rd Avenue. He asked if any calls had been received
about that.
Mr. Hickok replied they are aware of two. One has been demolished and the other one has been
repaired.
Councilmember Bolkcom asked Ms. Tracy what her advice would be to the City Council.
Ms. Tracy replied she would say we are actually doing quite well. It was interesting to see that
they actually have some areas that can even be defined as historic districts, and she thinks it
would be interesting to explore opportunities to make sure those stay in good condition. She
would say that in general, while she was out in the field, she had very positive feedback from
residents who are very proud of their City. If they wanted a housing maintenance code, it was
either to protect what was already here.
PRESENTATION BY `49ER DAYS ROYALTY.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of July 23, 2007.
APPROVED.
OLD BUSINESS:
1. Second Reading of an Ordinance Amending Chapter 206, Building Code, Adopting
the 2007 Minnesota State Building Code and Amending Permit Fees;
And,
Adopting Official Title and Summary Ordinance.
William Burns, City Manager, stated the changes relate to costs of electrical inspections,
charges to contractors for use of public water on construction sites, and the changes incorporated
in the 2007 version of the State Building Code. Staff recommends that the City's electrical
inspection costs be made consistent with State law. Staff also recommends that the following
changes be made in fees charged to contractors for water during construction: Cost of the water
used during construction be raised from $1.25 per 1,000 gallons to $1.30 per 1,000 gallons used.
Minimum charge for water used be raised from $10 to $20. The cost to fill a tanker be raised
from $10 to $20. The cost for patching streets for water taps changed from $400 per square foot
to the actual cost of repairing the street. Although the State has not yet provided copies of all the
building code changes for 2007, staff is recommending that Council adopt the 2007 State
Building Code by reference. This will enable staff to incorporate the changes as they are made.
Staff recommends Council's approval of the second reading of the ordinance.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 7
WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO.
1245 ON SECOND READING AND ADOPTED THE OFFICIAL TITLE AND
SUMMARY ORDINANCE AND ORDERED PUBLICATION.
2. Approve Tower Site Agreement Between the City of Fridley and T-Mobile Central,
LLC, for the Installation of Cellular Antennas on the Marion Hills Water Tower
(Ward 1) (Tabled July 23, 2007).
William Burns, City Manager, stated this item was tabled at the July 23 council meeting with
direction to staff to respond to five issues raised by Councilmember Saefke. The first concern
had to do with the involvement and concurrence of the Water Division Supervisor. Although the
supervisor was not initially involved in evaluating this proposal, he has reviewed the plan and
concurs with the proposed location of the T-Mobile storage shed on the south side of the tower.
Dr. Burns stated Councilmember Saefke's second concern had to do with the potential
interference with the City's telemetry system that also operates from the tower. The issue has
been reviewed with our SCADA consultant. He has determined there is no conflict from the
standpoint of frequency interference. T-Mobile has agreed to cooperate and make certain there
is no line-of-sight interference as well. Councilmember Saefke also raised concerns about how
T-Mobile will gain access to their storage shed during a snowstorm. His concern will be
addressed with the construction of a surrounding curb that will enable the City snow plow
operators to push snow from the parking lot across the sidewalk that serves the storage shed.
Councilmember Saefke's fourth concern was placement of the storage building. He suggested
that staff consider locating it inside the fence that surrounds the tower. Staff, including the
Water Division Supervisor, have reviewed this option and determined the building is better
situated outside the fence on the south side of the tower as proposed. Councilmember Saefke
also expressed concerns about the labeling of the tower site as the Johnson Street tower.
Although the Johnson Street right-of-way has never been vacated, they are replacing references
to the Johnson Street tower with references to the Marion Hills tower in the Agreement.
Dr. Burns stated the terms of the lease agreement are as follows. T-Mobile will place up to nine
antennas on the tower in bunches of three. It will be granted an access easement and area for
construction of the 10' x 12' storage equipment building. The Agreement provides for a monthly
payment of $1,750 plus an additional $125 per month for each additional antenna after the first
nine. The rent is to be increased annually by an amount equal to the CPI but not less than
2 percent or more than 5 percent. The term of the lease is five years with an option to e�tend the
lease for four additional five-year periods. Staff recommends Council remove this item from the
table and approve the Tower Site Agreement.
THIS ITEM WAS REMOVED FROM THE TABLE AND APPROVED.
NEW BUSINESS:
3. Resolution Approving a Plat, P.S. #07-02, JJ Addition, by Eugene Jankowski, for
the Purpose of Creating Three Single Family Lots, Generally Located at 1400 and
1420 Rice Creek Road N.E. (Ward 2).
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 8
William Burns, City Manager, stated this is a replat of two large family lots into three single-
family lots. With Council's approval of the preliminary plat, the County has asked staff to
include a seventh stipulation. The stipulation requires that the petitioner get the necessary
permits from the County before starting work in their right-of-way. Staff recommends Council's
approval of the additional stipulation and the final plat.
ADOPTED RESOLUTION NO. 2007-36.
4. Resolution Receiving Final Plans and Specifications and Authorizing the
Advertisement for Bids for Street Improvement Project No. ST. 2007 — 3(Quiet
Zone).
William Burns, City Manager, stated the design includes concrete medians, signage, driveway
entrance alignments, and striping. Construction will occur at the 77th Avenue and Osborne Road
railroad crossings. The work is being done to comply with Federal Railway Administration
requirements for the creation of Quiet Zones at these crossings. Access changes have been
worked out with each of the three impacted property owners, and staff is estimating project costs
will be $65,000. The project will be funded with MSAS funds. Staff recommends Council's
approval.
ADOPTED RESOLUTION NO. 2007-37.
5. Receive Bids and Award Contract for the ST. 2007 — 2 Mill and Overlay Project.
William Burns, City Manager, stated they opened six bids on Wednesday, August 8. The low
bid was received from Northwest Asphalt from Shakopee, Minnesota, in the amount of
$287,845.90. The bid is for mill and overlay work on portions of 61st Avenue from University to
Seventh Street, and Seventh Street from 53rd Avenue to 61st Avenue. Staff recommends council
receive the bids and award the contract to the low bidder, Northwest Asphalt.
RECEIVED BIDS AND AWARDED CONTRACT TO NORTHWEST ASPHALT IN THE
AMOUNT OF $287,845.80.
6. Resolution Authorizing Traffic Control Signal Agreement No. 91252R for the
Replacement of the Traffic Control System on TH 65 and Osborne Road.
William Burns, City Manager, stated Council approved a preliminary agreement for replacing
these controls in October 2005. Since the agreement does not provide for internally illuminated
name signs, they are asking Council to approve the agreement and authorize staff to add the
street name signs. Since they have included these signs on similar projects on University
Avenue and Highway 65, they are recommending Council approve this expenditure of an
additional $10,000 for this purpose. The inclusion of the signs will bring the City's contribution
to this project to an estimated $43,777. MSAS money can be used to cover these costs. Staff
recommends Council's authorization to sign the current agreement with MnDOT and to add, at a
point where it is appropriate, the internally illuminated street name signs to this agreement.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 9
ADOPTED RESOLUTION NO. 2007-38.
7. Resolution Accepting the Act of Donation from Wal-Mart Real Estate Business
Trust to the City of Fridley Dated August 1, 2006, Conveying Land for the 85tn
Avenue Trail Project.
William Burns, City Manager, stated Wal-Mart donated a 25-foot strip of their land in the City
in August for purposes of building the 85th Avenue bikeway. City Attorney, Fritz Knaak, is
recommending Council formally accept that donation by passing this resolution. Staff
recommends Council's approval.
ADOPTED RESOLUTION NO. 2007-39.
8. Approve Pre-Production Change Orders 1-3 for Job No. 2731 (wh) and Pre-
Production Change Orders 1-3 for Job No. 2732 (wh) for Two Rescue Trucks for
the Fire Department.
William Burns, City Manager, there are three change orders, including credits and debits, for
the two rescue trucks for the Fire Department. The total cost to the City for the changes
requested by the Fire Department is $790.00. Staff recommends Council's approval.
APPROVED PRE-PRODUCTION CHANGE ORDERS 1 THROUGH 3 FOR TWO
RESCUE TRUCKS FOR THE FIRE DEPARTMENT.
9. First Reading of an Ordinance Recodifying the Fridley Code by Amending
Appendix F to Provide for the Adjustment of Salaries for the Mayor and
Councilmembers in Accordance with Section 2.07 of the Charter of the City of
Fridley.
William Burns, City Manager, stated this increase is consistent with the planned cost-of-living
adjustment for City employees. It brings the salaries to the following levels: Mayor, $10,530.56,
Councilmember-at-Large, $8,649.68, and the three ward Councilmember salaries to $7,647.15.
The proposed salaries are generally consistent with the mean set salaries for cities in our
population group. Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
10. Claims (132795 - 133089).
APPROVED.
11. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 10
12. Estimates
APPROVED THE FOLLOWING ESTIMATES:
Standard Sidewalk
10841 Mankato Street N.E.
Blaine, NIN 55434
2007 Miscellaneous Concrete Repairs
Estimate No. 2 ............................................. $ 17,645.94
Forest Lake Contracting
14777 Lake Drive
Forest Lake, MN 55025
2007 Street Improvement Project No. ST. 2007 — 1
Estimate No. 2 ............................................. $352,102.07
13. Appointment of Public Works Director, James P. Kosluchar.
William Burns, City Manager, stated James Kosluchar's appointment will be effective
September 10, 2007. He will have an annual salary of $89,460.80. He is currently a project
manager for a private engineering firm in Fort Myers, Florida, where he has been managing and
designing transportation utilities and private land development projects since 2001. Prior to his
work at Fort Myers, he worked as Public Works Director for the City of Chisholm for seven
years. Before Chisholm he worked as an applications engineer for EPG Companies. He has also
interned with the Metropolitan Council and worked for two years at a part-time liquor store clerk
at the Fridley Liquor Store. Mr. Kosluchar graduated from high school in Chisholm, Minnesota.
He holds a Bachelor's Degree in civil engineering from the University of Minnesota. He has
also been actively involved in the American Public Works Association, in both Minnesota and
Florida, and once served on MnDOT's State Aid Committee. Mr. Kosluchar is one of three
finalists for our position. He demonstrated very strong analytical skills as well as good
communication skills in a lengthy questionnaire that all candidates were required to complete.
He also demonstrated the same skills in his oral interview with the City Manager, Human
Resources Director, Community Development Director, and the Parks and Recreation Director.
Staff recommends Council's approval.
APPROVED THE APPOINTMENT OF JAMES KOSLUCHAR AS PUBLIC WORKS
DIRECTOR.
Councilmember Varichak asked that Item 9 be removed from the consent agenda.
MOTION by Councilmember Barnette to approve the consent agenda as presented with the
removal of Item 9 and placed as Item 14. Seconded by Councilmember Varichak.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 11
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item 9.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM (VISITORS):
Spencer Minear, 1291 Gardena Avenue, said Stipulation No. 7 of Special Use Permit #04-06
approved at the January 3, 2005, meeting has not been satisfied. Once he and his wife saw the
results of the fence developed on the project, they attempted to express their concerns by calling
and leaving a telephone message with Councilmember Varichak. Her response was to ignore the
call. They never got any response. A couple of weeks later, he sent an e-mail to Councilmember
Varichak, Mayor Lund, and Councilmember Barnette on the same concern and included copies
of photographs of the fence in question. The stipulation in question reads, "The petitioner is to
provide landscaped hedges and up to an 8-foot privacy fence along the west and south properties
when a parking area is abutting single-family residences." He referred to the photos in front of
Council.
Mr. Minear stated Councilmember Varichak responded by deferring to a letter by Mayor Lund
which was attached to her response. The Mayor makes the following claims: "In hopes to
answer your question, I submit the following. City staff has represented the interest of the
community and specifically the residents near the Al-Anal School." He said he totally disagrees
with that statement. The Mayor continues, "The fence you see today meets the standard for a
privacy fence." Mr. Minear really cannot understand how they can possibly make the claim that
the fence you can very clearly see through, is a privacy fence.
Mr. Minear stated he searched the neighborhood for construction that included privacy fences.
The Holiday Station at Old Central and Highway 65 has an 8-foot wood privacy fence. He
looked at the International Ministerial Fellowship building built on Moore Lake Drive recently.
It had an 8-foot wood privacy fence. He looked at the Federal Credit Union on Old Central and
Rice Creek Road, a recent development, and it has an 8-foot privacy fence. Any place where
there is parking abutting a residential property--even multiple residences. Not one of these
recent projects with the parking ne�t to residential has a fence that is anything like the fence in
the photographs. You can see right through the fence.
Mr. Minear stated all he can conclude is there has been a radical change of City standard and, if
redone today, not one of those three projects would have to put in the protection they have
provided to the neighborhoods. If you look at the photo he provided, you can see the
construction worker standing at his truck at probably 150 feet away from where he took the
picture. Simply trying to insist that it is a privacy fence that satisfies the promise that they made
and the approved stipulations does not make it so. They said, "Don't worry neighbors, we will
have a privacy fence." In his opinion, what they got is sorely lacking.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 12
Mr. Minear stated Mayor Lund's letter continues with, "Please keep in mind that creeping
English Ivy has been planted by the fence and it will cover the fence and act as a hedge as well."
There are three serious problems with this answer. The first obvious issue is ivy is not provided
for in the stipulation which reads, "The Petitioner will provide landscaped hedges and a privacy
fence along the west and south properties when a parking area is abutting a single-family
residence." The single obvious fact is that ivy is not a hedge. Anymore than saying this is a
privacy fence. They will make it provide for privacy. If they do not have a hedge, and they do
not have a privacy fence, how can you possibly claim this satisfies the stipulations.
Mr. Minear stated the second issue with the use of ivy is the stipulation does not say that
privacy will be provided in 12 or 24 months down the road. The plants in the photographs are
about 6-inches tall, and the stipulation does not account for this time delay. For the use of the
permit to be valid, privacy must be provided to the neighbors before the facility or at least the
parking area is put into use. During all of the public meetings that led up to this vote, the issue
of privacy and the expanded parking area was very significant. They were promised that they
would have a privacy fence before the facility was put into use, not 12 months or 24 months later
or whatever it would take for the vine to grow and cover the fence.
Mr. Minear stated the third, and most serious problem with the idea of using English Ivy on this
fence, is the idea of using ivy at all. First, if someone on the City staff had looked at all of the
stipulations for this particular special use permit, they would have seen a long list of old
stipulations. Among those old stipulations is one that reads, "The property owners shall take
care of the weeds problem by August 1, 1989." That is 18 years ago, and they have been
struggling with this issue. If City staff is so concerned about the interests of the neighborhood,
they would have checked and they would have learned that behind the wording of that
stipulation, is the fact that vines on the fence was a major weed problem that needed to be
addressed. It was many years after that stipulation in 1989 that was written that they finally
managed to get the vines on the fence problem resolved, pulled out of the trees, pulled off the
power pole, and all the other problems that they caused. Now they are going to intentionally
plant vines on that fence and reverse 20 years of progress in trying to clean up the mess. In the
future as in the past, vines are not going to stay on the north side and the east side of the fence
(which is the owner's side). You cannot train a vine to stay on a fence. It will grow wild from
the fence to nearby trees, up the power poles as it did in the past, and into neighboring gardens
like his which abuts that property, and the local woods area where it is not welcome. In addition,
English Ivy has been put on the list of the least wanted alien plant invaders of natural areas by
the National Park Service.
Mr. Minear stated common sense and simple courtesy demands that nothing is grown on a
boundary property fence without the mutual consent of both parties. City staff who is so
concerned with his interest, never asked. They just did it. He is stating publicly and
emphatically he does not want and will work very hard to make sure that weed is not grown on
the fence right ne�t to his property where he has his vegetable garden. He worked for a lot of
years to clean out the old vines. In light of the facts presented, no hedge, no privacy from the
fence, the reintroduction of vines on the fence after 18 years of trying to get rid of it, and the
introduction of a plant noted by several government agencies as a dangerous weed of known
toxic issues, he hopes the Mayor will not be insulted if he states very simply he does not believe
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 13
him when he says, "City staff has represented the interest of the community and especially the
residents near the Al-Amal School." He tried to figure out how a solution this bad could be
created. It is simply not a solution. It is the start of many more serious problems. The sad fact
is that no one has the common sense to see that the problem is coming, is willing to call it a bad
solution, and work to get it fixed. They are just redefining terms to make it look good and hope
they will go away.
Mr. Minear stated he expects the Council and its legal staff to get this problem fixed and ensure
that the parking lot is not used until the stipulations are met.
Mayor Lund stated staff thought they really were looking out for the residents' interest. Mr.
Minear does bring a very good valid point about the English Ivy. The reason why that fence
became an issue and the hedge was because the Al-Amal School was going to put in an open
swale for their drainage and it was going to be located at the front entrance where the home was
recently removed. Since these stipulations were put into the record, an underground storage tank
became necessary which was a big expense. It raised the elevation of the parking lot
significantly. Now they have some different slopes to work with.
Mayor Lund said although a wood fence would be more quickly a privacy fence than one with
steel and slats in it, a wood fence is going to take constant maintenance. A wooden fence rots
and wind could get at it and blow it over and it needs to be stained and it could warp. So the
thought was to put in this type of fence that does meet the standards for a privacy fence. He
realizes that you can see through the fence and that is why they put in the ivy because it is fast
growing. Mr. Minear brings up some valid points about it being invasive. However, whether it
is a hedge or an ivy, that there is going to be some maintenance there. They are going to have to
trim the ivy, and how they are going to trim that is a concern. Are they going to be walking in
Mr. Minear's garden or along somebody else's property line to trim and keep that maintained as
more of a hedge.
Mayor Lund stated it was not done to save monies or for some ulterior motive. It was not
something discussed between himself and the councilmembers. It was a decision to meet the
stipulations, not something less. Mr. Minear does bring some valid arguments about the type of
plant material and how they are going to maintain it on Mr. Minear's side.
Mr. Hickok stated Dr. Minear is absolutely right when he talks about English Ivy.
Unfortunately in an earlier e-mail the term "English" Ivy was used but that is not the ivy that is
being planted. It is "Engelmann" Ivy. They are two different things completely. Engelmann ivy
is sold at nurseries. It is sold to be planted in the landscape, and it is used for precisely this
purpose. They have had and used Engelmann ivy on a number of different situations. If you
drive down Main Street, you can see it in the area of I-694 on the west side of the drive.
Mr. Hickok stated Dr. Minear is right, that in earlier stipulations, and Mr. Hickok knows those
well as he is the person who drafted the stipulations that were approved and he knows the
stipulations that were here from years ago, the fence as it exists right now has ivy on it. If you
look to the north and the west beyond where the new school addition is, there is ivy on it right
now. It creates a very nice screening hedge around those northern edges on a fence, that are
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 14
much lower in height, but if you want to see the effect of what Engelmann ivy can do and will
do, take a look at those northern edges, you cannot see the chain link fence anymore and you
cannot see through it. One might ask what happens in the winter, it is not an evergreen, but it
does have a thick thatch of vines that grow and can be shaped to precisely what you want it to be
shaped to. It is an issue, it is a concern about going down over the side. However, it does need
to be trained to grow up the fence, and it will be. The school knows they need to train the ivy
and have their landscape people ready to make it go up the fence. As far as climbing the trees on
the neighboring properties, they know that can be an issue. They know the purpose is to provide
a screen along the fence and they are quite aware of that.
Mr. Hickok stated there was a debate about whether to keep this second chain link fence and
have an area between. One of the biggest problems that would have erupted later and would
have been a code enforcement problem, is if they had left that short chain link fence and then
another chain link in a relatively small area, where you can get a mower or weed whip, you
cannot effectively clean it around. Thankfully, only one fence exists today. That fence will have
Engelmann ivy on it. They will certainly have a very, very nice screen in a relatively short
period of time. There is a wood fence between the Polk Street Apartments and a single-family
home on Polk Street that is right behind it. There is Engelmann ivy that is growing on that
fence. It is not really recommended for wooden fences though because it does not allow the
wood fence underneath to breathe. That is an important feature.
Mr. Hickok stated another point is there is an ongoing maintenance issue with wooden fences
that can be a problem and also the wind can be a problem. You have a retaining wall with a
fence on the top of it because there is a very expensive ponding element underneath the parking
lot. You have a retaining wall and then you have a fence on top of it. You have these resistive
forces, and then you have the wind you need to deal with. If you put in a wood fence and it
snapped off, what kind of response and turn around time you get would be expected of those
folks to take care of that issue. You can expect the steel posts are going to stand there. They
need to actually submit engineering prior to building that fence to demonstrate it would handle
the wind loads, and then the vine is put on it to provide privacy. It was not done with any sort of
lack of thought. It was carefully thought through and it was the neighbors that staff was thinking
about because they are the ones that have the privacy fence. They chose a nice privacy fence as
opposed to one that may eventually need maintenance a year or two down the road.
Councilmember Bolkcom stated her recollection is that there was a big thing about the fence.
Since when if they have to maintain it, if the fence blows down, has it become the City's issue?
She thinks of Burger King where the fence blew down and she knows it took a while for it to get
back up. She remembers from the minutes that it had to be a wooden fence and now it is a
cyclone fence with ivy. She asked since when has that become an okay thing now because it
might blow down, etc. and they have to maintain it? Would they not expect anybody to maintain
their fence, whether it be a chain link fence or wooden fence. She is a little lost as to how it
switched over.
Mr. Hickok replied before he met with the engineers, knowing the purpose of the school's
engineers, when they came into to see City staff.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 15
[MEETING STOPPED BECAUSE OF TORNADO WARNING]
[MEETING RESUMED AT 9:27 P.M.]
Councilmember Varichak stated she apologizes that she did not get back to Mr. Minear. If he
left a message on her home answering machine, it could have been deleted by her daughters. If
he left it at the City, she apologizes for not answering it there. She did receive his e-mails and
forwarded them to Mr. Hickok and the Mayor. She is brand new at this so she is just relying on
the professionals to tell her what they feel is the best way to do this. She just received the
minutes of the January 3 meeting and she has not had time to look them over. She does
understand the concerns of the wooden fence. She herself has a 6-foot wooden fence around her
home that she thoroughly enjoys. It is very private and when part of it blows down she feels
invaded. They have had a lot of discussion about this and hopefully they will come to some
resolution that will be satisfying to both.
Mr. Minear stated he agrees that wood maintenance is higher than steel, but the vines are not
going to be low maintenance. They are going to be high and constant maintenance. At least with
a wood fence you can schedule the maintenance. It is a different variety than what he was
referring to but it is still ivy. Ivy is going to go to sunlight. They are trying to grow ivy on the
north side of a privacy fence. The ivy is going to try and put its leaves through the fence and up
the south side which is his side, which means he has to maintain it or have people tromping
around in his vegetable garden.
Mr. Minear stated regarding the elevation change and the cost, that was a significant issue in the
redesign. Bad engineering is not an excuse for why he does not get a privacy fence. It
complicates the engineering project, he accepts that. However, he is an engineer, he knows what
complications are. The requirements have to be met. It is common sense and simple courtesy to
demand that nothing is grown on a common boundary fence without consultation of both sides.
He was not consulted and he does not believe the neighbors were consulted.
Mr. Minear stated the other thing Mr. Hickok pointed out that with a different variety of ivy, the
English Ivy would be better in one sense because it is evergreen. This is a schoolhouse that has
its highest activity in the winter. So the headlight and interference problem is going to be much
greater in the winter. The Engelmann ivy is a deciduous plant; therefore, it is going to lose its
leaves and its effectiveness. All he is going to get for privacy is the sticks of the vine. He does
not think that is going to be acceptable.
Mayor Lund stated that Mr. Minear is an important resident in our community, and they want to
resolve the issues to the best of their abilities. He agrees that the slats are not an immediate
source of privacy.
Councilmember Barnette stated there are a lot of slats available he thinks for chain link fences
that are wide enough to fill the gaps and, as long as they are going to be looking at all of this, that
would be something to look at.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 16
Mr. Minear stated the bottom line is he does not want any ivy. The slats are pretty thin but
better than having headlights shining in his window all night long.
Mayor Lund stated they will get back to him regarding this issue.
Councilmember Bolkcom asked Dr. Burns what their revenue loss for water usage is right now.
Dr. Burns replied, $3,500 a day.
Councilmember Bolkcom stated she thinks people should be aware that they had the highest
water usage of 10.4 million gallons of water on August 1 and right now our revenue loss is
$3,500 a day.
Mayor Lund commented it cannot go on much longer.
Councilmember Bolkcom stated that if anyone is asked to sign a petition, think about the
$3,500 a day loss.
NEW BUSINESS:
9. First Reading of an Ordinance Recodifying the Fridley Code by Amending Appendix F
to Provide for the Adjustment of Salaries for the Mayor and Councilmembers in
Accordance with Section 2.07 of the Charter of the City of Fridley.
Councilmember Varichak stated they are losing $3,500 a day and she guessed she is not privy
to the way the increases are stated for the Mayor and councilmembers but she would have to say
that because of the way the utilities fees are and the state of the City, she is not in favor of a raise
for the councilmembers.
William Burns, City Manager, said in the last couple of years, Council has agreed to a cost-of-
living adjustment. The City Charter requires that they bring this before Council. There is a
calendar limitation as to when they can bring it up.
Mayor Lund stated it is not a big issue to him if Council wants to vote not to take the raise.
Councilmember Barnette stated he thinks over the years they have been very frugal. They
went for about five or six years at one time with no raise. Just in the last two or three years they
looked at this and gave themselves a raise. If they were to vote this down, that would not bother
him in the least.
Councilmember Saefke stated for himself he never ran for Council to make any money. Matter
of fact he did not even know what the councilmembers made until after he was elected. He feels
that Councilmember Varichak's motion is a symbol that the Council really does care about
City's finances and they are trying to do the best for the City of Fridley.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 17
MOTION by Councilmember Varichak to not adopt the first reading of an Ordinance
Recodifying the Fridley Code by Amending Appendix F to Provide for the Adjustment of
Salaries for the Mayor and Councilmembers in Accordance with Section 2.07 of the Charter of
the City of Fridley. Seconded by Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
13. Informal Status Report.
Councilmember Barnette stated he went to the University Avenue corridor meeting last week
on the University acquisition of properties. They are having their second meeting on August 16
at 7:00 p.m. at the Community Center. They would like to invite not just the neighbors of those
properties but other members of the City to attend.
Mayor Lund stated he would just like to reiterate the importance of those meeting. This is the
perfect opportunity for residents to be involved in local government. They are actually asking
for your input as to what you want Fridley to be in the future. These series of ineetings are for
the residents' benefit and they are being provided at no cost. He asked that people participate in
this worthwhile endeavor.
Councilmember Barnette stated the property they are talking about is basically University
Avenue on the east side, from 57th Avenue to 61st Avenue. It is his understanding that the ne�t
meeting will be a presentation of the different types of usage of those properties, whether it be
housing, commercial, industrial or whatever. He thinks it is important to get the public out to
say, I contributed to that idea.
Mr. Hickok stated the ne�t meeting is Thursday, August 16, and there are two other dates which
they will have on the Call on the Council tomorrow night and scrolling on the screen at future
presentations.
William Burns, City Manage, stated he thinks they have had it in the newsletter as well.
September 6 is one.
Mayor Lund said September 20 that is the fourth and final meeting.
William Burns, City Manager, said there was another recycling event this past weekend and it
was successful.
Mr. Hickok replied it was very successful and thanked everyone for volunteering and for
coming and cooperating. They had a great turnout.
Councilmember Varichak stated she attended that and got there at 7:30 a.m. When she left at
9:00 a.m., cars were snaked all around the parking lot at Columbia Arena. It was a great and
very successful event.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 18
Mayor Lund stated as he recalls they have one more recycling event coming up.
Councilmember Saefke stated it was Saturday, October 13.
Councilmember Bolkcom stated people may have noticed on East River Road, that Center
Point Energy is preparing to put the gas lines in. It is a big connection that will be taking place
in Phase One of this year and Phase Two ne�t year. It goes all the way from Andover to
northeast Minneapolis. It should not cause any disruption of traffic. or anything like that but that
work is starting. She thought they were working at night.
Dr. Burns replied this year they are drilling under the highways.
Councilmember Bolkcom stated a letter should have been sent to affected property owners.
Councilmember Bolkcom mentioned a letter addressed to Layne Otteson and the Parks
Department related to the garden at Madison Park A neighbor wrote and thanked staff.
Councilmember Bolkcom wanted to thank everyone involved with National Night Out. There
was a lot of City staff involved and it was great to go out and hear from people.
ADJOURN.
MOTION by Councilmember Barnette, seconded by Councilmember Varichak, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 9:53 P.M.
Respectfully submitted by,
Denise M. Johnson Scott Lund
Recording Secretary Mayor