CCM 09/11/2017
CITY COUNCIL MEETING
CITY OF FRIDLEY
SEPTEMBER 11, 2017
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:00 p.m.
ROLL CALL:
Mayor Lund
Councilmember Barnette
Councilmember Varichak
Councilmember Saefke
Councilmember Bolkcom
OTHERS PRESENT:
Wally Wysopal, City Manager
Darcy Erickson, City Attorney
Shelly Peterson, Finance Director
James Kosluchar, Public Works Director
PROCLAMATIONS
Chiari Malformation Day – September 6, 2017
Constitution Week – September 17-23, 2017
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of August 28, 2017.
APPROVED.
NEW BUSINESS:
1.Received the Minutes from the Planning Meeting of August 16, 2017.
RECEIVED.
2.Approve Special Use Permit Request, SP #17-03, by American Masonry, to Allow
th
Limited Outdoor Storage, Generally Located at 55 – 77 Avenue;
and
Resolution Approving Special Use Permit, SP #17-03 to Allow Outdoor Storage for
th
American Masonry Located at 55 – 77 Avenue N.E. (Ward 3).
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2017 PAGE 2
APPROVED SPECIAL USE PERMIT, SP #17-03 AND ADOPTED RESOLUTION NO.
2017-42.
3.Approve Lot Split Request, LS #17-02, by Don and Julie Findell, to create Two Single
Family Lots from One Large Single Family Lot, Generally Located North of 6700
Central Avenue NE;
and
Resolution Approving a Subdivision, Lot Split, LS #17-02, to Create Two Single Family
Lots from the Large Lot Generally Located North of 6700 Central Avenue NE (Ward 2)
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
4.Resolution declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment for the Street Improvement Project No. ST 2017-01.
ADOPTED RESOLUTION NO. 2017-44.
5.Resolution Directing Publication of the Hearing on the Proposed Assessment for the
Street Improvement Project No. ST 2017-01.
ADOPTED RESOLUTION NO. 2017-45.
6.Resolution Directing Preparation of the Assessment Roll for the 2017 Nuisance
Abatement.
Wally Wysopal,
City Manager, said the 2017 Nuisance Abatement project included 161
properties.
ADOPTED RESOLUTION NO. 2017-46.
7.Resolution Directing Publication of Hearing on the Proposed Assessment Roll for the
2017 Nuisance Abatement
ADOPTED RESOLUTION NO. 2017-47.
8.Approve Change Order No. 1 for the Main Street Trail Project No. ST2015-21.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
9.Approve Agreement Relating to Landowner Improvements within City Right-of-Way
on 5906 Benjamin Street N.E. (Ward 2).
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2017 PAGE 3
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
10.Claims 177925 – 178075.
APPROVED.
11.License: Temporary On-Sale Intoxicating Liquor.
APPROVED.
ADOPTION OF PROPOSED CONSENT AGENDA:
Councilmember Bolkcom
asked for Item Nos. 3, 8, and 9 to be removed from the Consent
Agenda and placed on the Regular Agenda.
MOTION
by Councilmember Barnette to approve the Proposed Consent Agenda with the
removal of Item Nos. 3, 8 and 9 with the corrections noted by the City Manager on item nos. 6
and 7 is for 161 properties. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM, VISITORS:
No one from the audience spoke.
ADOPTION OF AGENDA:
MOTION
by Councilmember Bolkcom to approve the agenda with the addition of Item Nos. 3,
8 and 9. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARINGS/NEW BUSINESS:
12.Consideration Revocation of Special Use Permit, SP #93-10, for Mobile Maintenance,
Inc., to have Exterior Storage of Materials and Equipment in a C-1 Zoning District,
Generally Located at 505 Fairmont Street N.E. (Ward 3) (Continued August 14, 2017).
MOTION
by Councilmember Bolkcom to waive the reading of the public hearing notices and
open the public hearings. Seconded by Councilmember Saefke.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2017 PAGE 4
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARINGS OPENED AT
7:12 P.M.
Scott Hickok,
Community development Director, said he would present Item Nos. 12 and 13
together in one presentation. He stated that staff requested review this summer and the curb
installation stipulated in 2014 had not been completed. The current status is that the curbing is
installed, the sod is partially installed and some exposed soil remains on the adjoining residential
lot. With respect to the parking situation, the large trucks are removed and employee parking is
next door.
Mr. Hickok
said the owner obtained Special Use Permit, SP#16-04, in June 2016 to expand the
parking lot onto the R-1 lot to west. Due to the expense, the owner decided to instead store the
large trucks elsewhere and install curbing on the existing paved area. In order to clear the
property record of this change, Council needs to revoke the special use permit and the City needs
to adopt a resolution. Staff recommends Council revoke Special Use Permit, SP#16-04, by
adopting the resolution as the owner has decided not to expand the parking lot. Council should
consider continuing the hearing on Special Use Permit, SP#93-10, as sod/seeding needs to be
completed on the R-1 lot and the new sod needs to be irrigated.
Councilmember Bolkcom
asked what would happen if the rest of the work does not get
completed.
Mr. Hickok
replied they are choosing to irrigate the 5-foot strip of the commercial property and
this can be done manually. If they irrigate and keep the sod/seed vital that would be acceptable.
The other piece is on the residential lot, irrigation is not required, and that is the intent of the
owner.
Councilmember Bolkcom
asked if the City had anything to keep the owner accountable if he
does not do the work.
Mr. Hickok
replied the action to revoke the special use permit has to do with the residential lot
and soil that is not covered yet. If the residential lot becomes an erosion issue, action could be
taken at a later time. Mr. Witzel is meeting the requirements on the commercial lot.
Mr. Witzel
apologized and said he did not realize that the residential lot was separate from the
commercial lot. He did make the commercial lot compliant and plans to seed the residential lot
as soon as he can get someone to do it.
Mayor Lund
asked what the timeline was to seed the residential lot.
Mr. Witzel
replied within the next couple of days.
MOTION
by Councilmember Bolkcom to close the public hearing. Seconded by
Councilmember Saefke.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2017 PAGE 5
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:24 P.M.
Councilmember Bolkcom
said Mr. Witzel has met the requirements, and Special Use Permit,
ST #93-10 will not be revoked.
13.Consider Revocation of Special Use Permit, SP #16-04, for Mobile Maintenance, Inc., to
Expand Automobile Parking in an R-1 Zoning District, Generally Located at 513
Fairmont Street N.E. (Ward 3) (Continued August 14, 2017)
MOTION
by Councilmember Bolkcom to adopt Resolution No. 2017-48. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
14.Consider Modification to the Fridley City Code, Chapter 205.30 0-5
Telecommunications Tower and Facilities District, to Allow a Telecommunications
Tower to a 150 Foot Height Provided Conditions can be Met to Blend into the
Surrounding Environment.
MOTION
by Councilmember Saefke to open the public hearing. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, AL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:27 P.M.
Scott Hickok,
Community Development Director, stated that the City’s telecommunications
overlay created in 1997 has been a great tool that has needed little change over the last 20 years.
However, technology is continually changing which requires staff to look at doing updates from
time to time. There have been inquiries about whether under certain conditions a 150 foot tall
tower might be permitted rather than the code-required 125 feet. Staff has analyzed this question
and is providing a recommendation of approval if certain criteria can be met.
Mr. Hickok
explained the criteria: The tower is located within 250 feet of any of the following
structures that exceed the height of 150 feet. These structures include: buildings, power lines,
and train/rail yard fixtures such as light fixtures. The tower can meet or exceed any local, State,
or Federal regulations relative to tower fall distance. All permits required to replace or expand
an existing tower shall be removed and approved by the City prior to alteration.
Mr. Hickok
said the current code requires stealth design so that the tower to the extent it can,
will blend in with the surrounding environment. In Fridley, there are enormous above-ground
power structures, railroad signal structures and other elements which exceed 125 feet high. By
allowing an increase in height on cell towers in areas where other taller structures exist, the
stealth intent can be met. The increase in height will also allow for more co-location on the
towers of other cell carrier companies, therefore reducing the need for more towers.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2017 PAGE 6
Mr. Hickok
stated the Planning Commission held a public hearing for TA #17-01 at their
August 16, 2017, meeting. No comments from the public were received. The Commission
recommended approval of the ordinance amendment. City staff recommends concurrence with
the Planning Commission and Council hold a public hearing on this matter. The first reading of
the ordinance is scheduled for September 25, 2017, unless otherwise directed by Council.
Councilmember Bolkcom
asked if a structure goes away, could the tower stay there.
Mr. Hickok
replied that if the backdrop did not exist, it would not be fair to ask for the other
tower to be removed. Council would have the opportunity to review if another structure were to
replace the one that went away.
Councilmember Bolkcom
asked what the tower fault distance was.
Mr. Hickok
replied that had to do with insurance regulations and hurricanes. In the event that a
tower would fall, a reasonable distance would need to be cleared so the tower would not fall on
top of a structure. Typically, towers are designed to telescope but we are defining that as one of
the requirements.
Councilmember Bolkcom
asked if there were any towers now that were close to residential
properties.
Mr. Hickok
replied yes and the fall distance has been considered on all of them.
MOTION
by Councilmember Saefke to close the public hearing. Seconded by Councilmember
Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:37 P.M.
MOTION
by Councilmember Saefke to approve the modification to the Fridley City Code,
Chapter 205.30 0-5 Telecommunications Tower. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
.
15.Resolution Consenting to the Housing and Redevelopment Authority in and for the City
of Fridley, Minnesota, Adopting a 2017 Tax Levy Collectable in 2018.
Shelly Peterson
, Finance Director, stated MN Statutes authorize HRAs to levy properties within
the community to support housing and redevelopment efforts. The 2018 levy is equal to .0185%
of the estimated market value, which is the maximum allowed by law. The 2018 Levy will allow
HRA to collect $477,023. The HRA approved the levy at their September 7 meeting. The Final
HRA levy is due to Anoka County no later than September 15. Staff recommends Council
approve the HRA levy payable in 2018.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2017 PAGE 7
Councilmember Barnette
asked if the value would be an increase of $34 a year on taxes to
cover this.
Ms. Peterson
replied yes, this is a high calculation so the final calculation may be less.
MOTION
by Councilmember Saefke to adopt Resolution 2017-49. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
16.Resolution Adopting the 2018-2022 Capital Investment Program.
Shelly Peterson,
Finance Director, stated the General Fund preliminary budget is balanced with
an estimated levy increase of 5%. Balancing of the General Fund preliminary budget does not
include the use of reserves. Staff is continuing to identify cost savings, additional revenue
sources and potential increases in revenue projections.
Ms. Peterson
reviewed the Capital Funds and said there is no change in the portion of LGA
allocation proposed for Capital Funds. 2018 reflects the deferment of $268,000 in Police, Fire
and Public Works equipment. All Capital funds are anticipated to use reserves to support 2018
projects. The total reserves to be used for all capital funds are $470,000 (excluding the Building
Fund). The Street Fund is anticipated to use $217,000 in reserves. In 2019, debt financing of
$1.5 million is necessary to fund Police & Fire equipment in 2019 and 2020. We continue to
research alternative reliable funding sources for 2018 and beyond.
Ms. Peterson
stated the Utility Funds are continually rehabilitating and replacing Water, Sewer
and Storm Water infrastructures. The Utility Rate Study for Water and Sewer funds will be
presented to Council at the September 25 conference meeting. If consumption and expenditure
estimates hold, it could provide the City with a Water and Sewer rate schedule for the next 10
years. After 2018, rate increases are anticipated to stabilize after initial re-alignments of
customer classes and consumption tiers. The highlights of the study indicate Water and Sewer
Funds will require debt/borrowing every 3 years. The study projects there will be 2018 revenue
increases of 11% for Water and 4.3% for Sewer. The goal is to stabilize rate increases to about
3% per year, and the forecast goes out over 10 years. This is dependent on consumption and
expenditure assumptions.
Ms. Peterson
said the Liquor Operation Fund administrative charges were re-initiated in 2018,
and the cash reserves are anticipated to increase in 2018. The feasibility study on a potential
third store was completed and we are monitoring the impact of the HyVee project in Spring Lake
Park. In summary, this plan addresses the basic capital needs for 2018 and it sets the
groundwork for future projects. More work needs to be done to identify additional operational
savings and find reliable funding sources for future capital projects and ensure healthy reserves
in all funds. The Street Fund evaluation will be done over the next year to re-align projects and
update the special assessment policy.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2017 PAGE 8
Ms. Peterson
reviewed the timeline:
Council to adopt the 2018-2022 Capital Investment Program tonight.
At the September 25 meeting Council will approve a preliminary tax levy.
At the November 27 meeting Council will hold a public meeting on the 2018 budget and
proposed tax levy.
On December 11 Council will adopt the final 2018 budget and tax levy.
Staff recommends approval of the resolution adopting the 2018-2022 Capital Investment
Program.
Councilmember Bolkcom
asked why the expenditures in IT in red for $125,000 start in 2020.
Ms. Peterson
replied that IT systems traditionally only plan out three years and this is a 5-year
document. That is the estimated fund balance average spending for IT projects. It is an
anticipated target balance.
Councilmember Bolkcom
asked why the expenditures for the Municipal Center, start at
$48,782,000 and why there was a gap between 2020 and 2021 and then the amount of $40,000 is
listed for 2022.
Ms. Peterson
replied this budget is for the new civic campus and they are not anticipating
significant repairs. Once we are in the new building, staff will have a better idea what type of
repairs will be needed.
Councilmember Bolkcom
asked if the security cameras were for parks. She said she thought it
was a larger amount.
Ms. Peterson
replied that is for the Nature Center. She will check to verify that amount.
Councilmember Bolkcom
asked for clarification on the body cameras.
Ms. Peterson
replied that was listed in two spots by mistake and staff will make that correction.
MOTION
by Councilmember Saefke to adopt Resolution 2017-50. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
17.Resolution Approving Agreements and Awarding Oak Glen Creek Pond Expansion
Project No. 17-446
Jim Kosluchar,
Public Works Director, stated that in 2013, the City of Fridley completed the
Oak Glen Creek Stabilization Project west of East River Road. While this project was successful
in mitigating erosion, it was identified that peak flows from upstream contributed to potential for
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2017 PAGE 9
future erosion. In addition, severe flooding frequently occurs on and between Commerce Lane
and the BNSF railroad tracks. The City has a detention pond just upstream of the tracks, but it is
undersized for the 520-acre upstream subwatershed, which flows through this pond. The
upstream watershed, located entirely in Fridley has very little ponding or detention. Flooding
impacts Commerce Lane multiple times per year. Treehouse Foods, located on Commerce Lane,
is impacted by flooding as well. Their loading dock area frequently floods and floats their
trailers. In rare events, floodwater can enter their building, requiring expensive production
shutdown and cleanup.
Mr. Kosluchar
said in 2014, the City requested that the Anoka Conservation District apply for
funding to improve water quality and mitigate funding by expansion of the existing City pond.
The request was funded by the State BWSR for $517,780. Property was requested from
Treehouse Foods’ predecessor as their match for the City and grant funding. Since that time, the
property has changed hands twice. Also, rainfall design storms have changed. Finally, multiple
options have been reviewed with Treehouse staff and their engineers to finalize the project. The
project will include expansion of the pond and the addition of an Iron Enhanced Sand Filter. A
swale will be constructed atop the City’s 60” diameter storm sewer interceptor to enhance
capacity of the storm system. Some grading at the north Treehouse entrance will also occur to
further separate surcharged piping from their property.
Mr. Kosluchar
stated under a separate phase of the project, an outfall pipe serving the lowest
area around the Treehouse loading dock will be improved. Treehouse wanted the City to
relocate the interceptor so they could expand, but it was found to not be financially feasible at
this time. In order to fulfill the terms of the grant, the City must enter into a joint powers
agreement. Under this agreement, the City will be responsible for construction of the pond and
IESF. The City will further be responsible for maintenance of the system for 25 years. A second
agreement sets the terms between the City and Treehouse Foods. Treehouse will donate 1.33
acres of unimproved property to the City of Fridley. The City will construct improvements
outlined with no assessment to Treehouse. Treehouse will be able to discharge to the pond if
additional development occurs. He said the project budget was $900,000, and the final
engineer’s estimate was $929,540. Bid letting was held on August 24, 2017, and five bids were
received. The low bid was submitted by Peterson Companies in the amount of $733,831.50.
Mr. Kosluchar
said that Peterson Companies, of Chisago City, performed well in constructing
an IESF for the Anoka Conservation District. This project will be funded from a $900,000
allocation in the Storm Water Capital Fund. The remaining improvement is estimated at
$140,000, which will allow its completion. Staff recommends the City Council adopt the
attached resolution. If approved, staff will move forward and with the City Attorney, prepare
final documents for execution by the City and counterparts. The project will be completed this
fall. The project will mitigate one of the top two frequent flooding issues in Fridley.
Mayor Lund
asked how much water came from Spring Lake Park.
Mr. Kosluchar
replied that this does not have any water coming from Spring Lake Park, it is all
Fridley water. This will be good for our waters and river. This is a requirement that needs to be
met at some point.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2017 PAGE 10
Councilmember Bolkcom
asked if the property was on hand or if it needed to be acquired.
Mr. Kosluchar
replied that once the project was executed, we have provided attorney
documents for the easement. That is part of the project agreement.
Councilmember Bolkcom
asked with respect to secured rights if one had an advantage over the
other.
Mr. Kosluchar
replied that staff left the decision with them as to what their preference was.
Staff will accept either one.
Darcy Erickson
, City Attorney, added that either option is acceptable for the purpose of this
project.
Councilmember Bolkcom
asked if staff had any idea what the maintenance cost would be over
the years.
Mr. Kosluchar
replied there is an operation and maintenance guide. The City will have to
maintain the existing ponds but he will get back to Council with what the additional cost would
be. It is usually 3-4 figures annually.
Councilmember Bolkcom
noted the grant agreement specifies an expiration date of 12/31/2016
or until obligations are met or whichever comes first. She said it was past the expiration date.
Mr. Kosluchar
replied there was a one-year extension on the project because of the property
exchange. The Anoka Conservation District helped with that extension.
Councilmember Bolkcom
asked if the conservation representative signature was needed.
Mr. Kosluchar
replied yes.
Councilmember Bolkcom
asked when the work would begin.
Mr. Kosluchar
replied that they would start this fall and finish most of the work this fall. It will
take about three months to complete the project.
MOTION
by Councilmember Bolkcom to adopt Resolution No. 2017-51. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2017 PAGE 11
3. Approve Lot Split Request, LS #17-02, by Don and Julie Findell, to create Two Single
Family Lots from One Large Single Family Lot, Generally Located North of 6700
Central Avenue NE;
and
Resolution Approving a Subdivision, Lot Split, LS #17-02, to Create Two Single Family
Lots from the Large Lot Generally Located North of 6700 Central Avenue NE (Ward 2)
Councilmember Bolkcom
asked with respect to the concrete that was pushed over the cliff, if
the engineer needed to verify the pier before it was removed. She asked if another stipulation
was needed related to the concrete pier about whether it could stay or not.
Scott Hickok,
Community Development Director, replied the stipulation was directly related to
the lose concrete that was pushed over the slope. The large concrete pier would probably need
an analysis before that was removed. This would be the landowner’s issue and does not affect
the lot split. That pier may have historic significance and stabilizing characteristics. Staff is not
mandating that to be removed.
Councilmember Bolkcom
stated the pier is not related to the lot split and has nothing to do with
the stipulation. It may come up in the future if a building permit were requested for this lot.
Mr. Hickok
replied that it is not unusual for things like this with historic significance to exist in
the community. The stipulation is to remove just the concrete that is over the natural bluff. Staff
does not know how the large concrete slab got there but that is up to the future owner to decide
what to do with it.
Ms. Findell,
owner of the property, said they have a person interested in purchasing the entire lot
so they may not need the lot split. It will not be a problem to remove the concrete that is over the
bluff as there is very little there. This was a dump site for over 30 years and people have even
dumped refrigerators on this site that will need to be removed.
MOTION
by Councilmember Varichak to approve Lot Split Request, LS #17-02, by Don and
Julie Findell, and to adopt Resolution No. 2017-42. Seconded by Councilmember Bolkcom.
Ms. Findell
asked what address would be assigned to the property.
Mr. Hickok
replied that an address would be assigned with the building permit. If the permit is
for one property, only one number would be assigned.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2017 PAGE 12
8. Approve Change Order No. 1 for the Main Street Trail Project No. ST2015-21.
Councilmember Bolkcom
was curious as to what kind of debris that was there that we did not
know about.
Jim Kosluchar
, Public Works Director, replied that a person was living there and had
accumulated material in the right of way. MnDOT does not have staff to clean up the site and
when they do, it takes months, so it was cleaned up under this contract.
MOTION
by Councilmember Bolkcom to approve Change Order No. 1 for the Main Street
Trail Project No. ST2015-21. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
9. Approve Agreement Relating to Landowner Improvements within City Right-of-Way
on 5906 Benjamin Street N.E. (Ward 2).
Councilmember Bolkcom
asked on page 54 regarding improvements for purpose to inspect and
repair, etc., if it was up to Council how that is decided.
Darcy Erickson
, City Attorney, replied this is our standard agreement used with other property
owners with encroachments. This allows the Public Works Director or designee to take action if
they thought the small wall has hit or in a state of disrepair and needs to be repaired. If the
property owner does not repair it, the City will send a notice and bill them for the expenses
associated with removal.
Councilmember Bolkcom
asked if part of it falls apart and City staff repair it and ask the
property owner to pay, then they have 30 days to pay for the repair.
Jim Kosluchar
, Public Works Director, replied that staff will give them notice to repair in case
they did not see something needed repair and then notify them to pay. The agreement is well
written to cover the City’s interests thoroughly. Time and ability of the home owner to repair is
a factor in whether the City or property owner does the repair.
Councilmember Bolkcom
said on page 55, is says that the charge to repair would be certified to
the property owner’s taxes.
Mr. Kosluchar
replied yes, charges would be recorded with the property. If the property owners
are doing anything near the roadway, they should call and ask. In this case, the wall could have
been built a few feet in and there would not have been an issue.
Mayor Lund
asked if there was any recourse with the old owner and if there was any proof that
a landscaping service built this.
Mr. Kosluchar
said he did not know. No permit was issued for this work.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2017 PAGE 13
Mayor Lund
noted that a professional landscaper would have known to contact the City.
Councilmember Barnette
asked if this would affect snow storage.
Mr. Kosluchar
replied their main question was about maintenance and they are okay with it.
Attorney Erickson
noted an error where it lists 3.7 and 3.9 with the omission of 3.8. She asked
that when the motion is made that it reflects a correction on page 54 to omit 3.8 and
Subparagraph B there is reference to 3.8 that doesn’t exist. Omit that as well.
Councilmember Varichak
wanted to ensure staff is aware of the issues with this wall and will
put in some stabilization mechanism so it will not fall again.
Mr. Kosluchar
replied yes, staff is aware of that and will look at those issues.
Councilmember Bolkcom
said if a snowplow knocks the wall down and the owners know they
cannot call the City to repair it, they are taking responsibility if something happens to it.
Mr. Kosluchar
replied correct.
MOTION
by Councilmember Varichak to approve the Agreement Relating to Landowner
Improvements within City Right-of-Way on 5906 Benjamin Street N.E. (Ward 2) with the
omission of 3.8; and reference to 3.8, Subd. B, is no longer necessary. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
.
18.Informal Status Reports.
Councilmember Bolkcom
asked what was going on with East River Road and the new
intersection.
Jim Kosluchar
, Public Works Director, said he will take a look at it and meet with the project
manager and send an update to Council. If there are questions, you can go to the Anoka County
Highway website and get a construction update. This is updated weekly.
Councilmember Bolkcom
thanked all who helped with the Art at Rice Creek event.
Mr. Kosluchar
announced that tomorrow night there is an open house for the Stonybrook flood
control project. Owners who have had flooding are encouraged to attend. They are looking at
rerouting the water as an efficient way to complete the project. There was a meeting last week
with the Coon Creek Watershed District project and they had funding to remove pollutants with
charcoal filtering. This new technology will be used to test water coming out of Springbrook.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2017 PAGE 14
Tim Kelly
, Administrator of the Coon Creek Watershed District, said there is a grant program
available to deal with three properties affected by slumping. They have continued to fill out the
grant and rank very high on the grant. Funds are available on a first come, first served basis,
and we are now at the crossroad with a local sponsoring agency. It can be a City or District. It
takes time to fill out the information and the City has more experience in administrating other
FEMA grants from an accounting standpoint. He will continue to provide a supportive role to
the City. Eventually our responsibility will be phased out and will then provide
recommendations to homeowners and assist the engineer to complete the report. They are trying
to get a sense as to who should take the lead moving forward.
Councilmember Bolkcom
was thankful for his involvement with this project. She asked if the
City was at risk if only 2 or 3 property owners want to go forward with the project and
something happens with another home.
Mr. Kelly
replied that the FEMA-preferred option is to purchase the homes and rectify the lots
which leaves the City in a better position to facilitate on what to do. If owners opt to stay, they
may not fully understand what is at risk. This will happen in the future but not sure when. Right
now this is moving slowly but could move faster in the near future.
MayorLund
said it sounds like more time is needed to analyze our involvement with this
project.
Mr. Kelly
noted that there would be an opportunity to add more later. Once a final agreement is
completed, an analysis will be done to figure out the most cost-effective way to use the funds.
MayorLund
said the Fridley Municipal Liquor Store and Springbrook Nature Center are having
an Autumn Sampler with wine and beer; for $25 a ticket. It is an adult night out—people must
be over 21 to attend. This event is on September 15 from 6-9 p.m. Proceeds will be used for the
picnic pavilion at the Springbrook Nature Center.
Scott Hickok,
Community Development Director, said there is a neighborhood meeting
Thursday evening to follow up on the discussion about the future development of the private
th
patio homes along 69 Avenue south of the new civic campus project. The meeting will be held
in the neighborhood in the park and starts at 7:00 p.m.
ADJOURN:
MOTION
by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE MEETING ADJOURNED AT 8:55 P.M.
Respectfully submitted,
Krista Peterson Scott J. Lund
Recording Secretary Mayor