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12/13/1999 - 00000856THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 13, 1999 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor 7orgenson, Councilmember Barnette, Councilmember Billings, and Councilmember Bolkcom MEMBERS ABSENT: Councilmember Wolfe STATEMENT OF MEETING CONDUCT: Please be reminded that those present at today's meeting may hold a variety of views and opinions regarding the business to be conducted. The exercise of democracy through representative local government requires that ALL points of view be accommodated at these proceedings. It is further expected that a standard of mutual courtesy and respectfulness be exercised by all in attendance, through our individual expression, manner of speaking, and conduct. Therefore, please receive the views of other with the same degree of courtesy and respect which you desire to be given your views and opinions. Any departures from this standard will be addressed by the Presiding Officer through whatever means are deemed appropriate. Thank you for your attendance at today's meeting, and your agreement to abide by these standards of personal conduct. APPROVAL OF MINUTES: MOTION by Councilmember Billings to approve the City Council meeting minutes of November 22, 1999. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. RECEIVE THE PLANNING COMMISSION MINUTES OF NOVEMBER 17, 1999: RECEIVED THE PLANNING COMMISSION MINUTES OF NOVEMBER 17, 1999. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 13, 1999 PAGE 2 2. RECEIVE THE PLANNING COMMISSION MINUTES OF DECEMBER 1, 1999: RECEIVED THE PLANNING COMMISSION MINUTES OF DECEMBER 1, 1999. 3. RESOLUTION NO. 94-1999 APPROVING A SUBDIVISION, LOT SPLIT, LS #99-04, TO CREATE TWO DUPLEX (TWO FAMILY) PARCELS, GENERALLY LOCATED AT 5361 SIXTH STREET N.E. (WARD 1) BY GARY WELLNER): Mr. Burns, City Manager, stated that the petitioner, Gary Wellner, was seeking a lot split for a property that contains two existing duplexes. The Planning Commission unanimously approved his request at their November 17 meeting. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 94-1999. 4. VARIANCE REQUEST, VAR #99-30, BY GARY WELLNER, TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 7.99 FEET TO CORRECT AN EXISTING NONCONFORMITY, GENERALLY LOCATED AT 5361 SIXTH STREET N.E. (WARD 1): Mr. Burns, City Manager, stated that in 1960, at the time of construction of one of the two of Mr. Wellner's duplexes, the duplex was constructed a distance of 7.99 feet from the side lot line rather than the required 10 feet. Council was asked to forgive the error by granting a variance for the 7.99 foot side yard. The Appeals Commission unanimously approved this request at their November 10 meeting. Staff recommended Council's approval. APPROVED VARIANCE REQUEST, VAR #99-30. 5. RESOLUTION NO. 95-1999 APPROVING A SUBDIVISION, LOT SPLIT, LS #99-05, TO ESTABLISH NEW PROPERTY LINES FOR TWO RESIDENTIAL PARCELS, GENERALLY LOCATED AT 5928 WOODY LANE N.E. (WARD 2): Mr. Burns, City Manager, stated that this was consideration of a resolution approving a subdivision lot split for property located at 5928 Woody Lane. The petitioners, David and Sharon Landes, have reached an agreement with their neighbors to purchase 550 square feet of their property. The acquisition would allow Mr. and Mrs. Landes to properly slope a new retaining wall on their property in a manner less conducive to washouts. They asked for a lot split for the purpose of adding the 550 square feet to their property. The Planning Commission gave their unanimous approval to this request at their December 1 meeting. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 95-1999. 6. APPROVE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND STEPHEN P. VARICHAK, DOLORES M. VARICHAK, JAMES SURDYK, AND LYNNE E. SURDYK (WARD 2): Mr. Burns, City Manager, stated that the development agreement embodies the 254 stipulations that were attached to the Varichak plat that was approved by Council on August 9. The FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 13, 1999 PAGE 3 agreement has since been modified to include Stipulation No. 24 regarding storm water management. Mr. Knaak, City Attorney, recommended the development agreement format, which was Stipulation No. 25. Upon approval by Council, the agreement would be recorded. Staff recommended Council's concurrence. APPROVED DEVELOPMENT AGREEMENT. 7. RESOLUTION NO. 96-1999 APPROVING A FINAL PLAT, PS #99-03, BY STEPHEN VARICHAK TO REPLAT PROPERTY TO ACCOMMODATE THREE SINGLE FAMILY RESIDENTIAL LOTS, GENERALLY LOCATED AT THE NORTHWEST CORNER OF GARDENA AVENUE AND BENJAMIN STREET (WARD 2): Mr. Burns, City Manager, stated that staff recommended the approval of the final plat with one additional stipulation. Since the petitioner's surveyor inadvertently neglected to include a 50 foot drainage easement on the mylars for the final plat, staff stipulated that an easement document be prepared in recordable form and that the document be attached to the recorded final plat. With this change, staff recommended Council's approval. ADOPTED RESOLUTION NO. 96-1999. 8. RESOLUTION NO. 97-1999 APPROVING A VACATION, SAV #99-07, VACATING DRAINAGE AND UTILITY EASEMENTS BY MEDTRONIC INC.) (WARD 1): Mr. Burns, City Manager, stated that Medtronic requested that Council vacate the drainage and utility easements that were originally associated with the seven single family lots on Jackson and Quincy Streets. They also requested the vacation of an easement on the northeast corner of the site. These vacated easements would be replaced by a new easement which encompasses newly constructed utilities. After review at their December 1 meeting, the Planning Commission gave their unanimous consent to these two vacations with two stipulations. Staff recommended Council's concurrence. ADOPTED RESOLUTION NO. 97-1999. 9. RESOLUTION NO. 98-1999 APPROVING A PLAT, PS #99-01, BY MEDTRONIC INC. TO REPLAT PROPERTY TO ACCOMMODATE THE MEDTRONIC CORPORATE CAMPUS, GENERALLY LOCATED AT MEDTRONIC PARKWAY AND TH 65 (WARD 1): Mr. Burns, City Manager, stated that the preliminary plat for the Medtronic project as approved by Council on May 24, 1999 has been finalized. The final plat was in order and contained the easements which were required as part of the drainage and utility vacation action considered in Item No. 8. The council agenda book contained an exhibit that includes all of the stipulations for this plat. Staffrecommended Council's approval. ADOPTED RESOLUTION NUMBER NO. 98-1999. 10. RESOLUTION APPROVING SPECIAL LEGISLATION AND APPROVING EXTENSION OF TAX INCREMENT FINANCING DISTRICT NO. 6: FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 13, 1999 PAGE 4 Mr. Burns, City Manager, stated that this resolution would approve the terms for e�tension of the Medtronic Tax Increment District that were contained in legislation adopted by the State Legislature in 1999. The law enables the City to e�tend the duration of this district, TIF District No. 6, from 2011 to 2025. These terms have been agreed to by both School District No. 13 and by Anoka County. The City must file a certificate attesting to these approvals as well as its own approval prior to the beginning of the ne�t legislative session if the e�tension is to remain valid. Staff recommended Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA AFTER ITEM NO. 27. 11. RESOLUTION NO. 100-1999 MODIFYING THE REDEVLOPMENT PLAN FOR REDEVELOPMENT PROJECT #1 AND THE TAX INCREMENT FINANICNG PLANS FOR TAX INCREMENT FINANCING DISTRICTS NUMBERS 1 THROUGH 3, 6, 7, AND 9 THROUGH 16 TO REFLECT ENLARGEMENT OF THE PROJECT AREA AND INCREASED PROJECT COSTS TO BE UNDERTAKEN WITHIN REDEVELOPMENT PROJECT NUMBER 1: Mr. Burns, City Manager, stated that there are three actions encompassed by this resolution. The first action is enlargement of the City's redevelopment project area. The second action is modification of TIF budgets within the redevelopment plan. The third action is amendment of the plan as it relates to TIF District No. 6 in a manner which e�tends the district in accordance with 1999 State law. Mr. Burns said that there were maps included in the packet of the enlargement of the project area. E�tension encompasses land along I-694 from Highway 65 to the Mississippi River. It covers the Gateway East and Hyde Park areas east of the railroad tracks. It also covers all of the area west of the tracks from 61gt Avenue South. Additionally, it covers Riverview Heights and seventy scattered parcels that we have identified for future rehabilitation. By e�tending the project area, the City would gain the fle�bility to do future projects in this area. The action, however, does not create tax increment financing districts in theses areas. These would be created later when the City does specific projects. Mr. Burns continued by saying that the modification of the budgets are for e�sting districts, including the Medtronic District (District No. 6). They restate district expenditures in keeping with revenues raised in the districts. Restated budgets for District Nos. 1, 2, 3, 6, 7, 9, 10, 11, 12, 13, 14, 15 and 16 are contained in Exhibit I-C of Council's packet material. Amendment of the TIF Plan No. 6 is to e�tend the duration of the district. By this action, staff would be modifying the plan for District No. 6 as provided for in 1999 State legislation. These modifications have been approved by the Fridley Housing and Redevelopment Authority (HRA), the Columbia Heights School Board and the Anoka County Board. Staffrecommended Council's approval of these items. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 13, 1999 PAGE 5 12. RESOLUTION NO. 101-1999 WAIVING PREPAYMENT PROVISIONS RELATING TO GENERAL OBLIGATION TAX INCREMENT NOTE, SERIES 1997: Mr. Burns, City Manager, stated that in 1997, the City loaned the Fridley HRA $1,500,000 for its housing rehabilitation loan program. The resolution creates the possibility that a portion of this money may be returned by the HRA to the City prior to December 31, 1999. Specifically, it waives the thirty-day notice requirement that would be necessary for early prepayment of the loan. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 101-1999. 13. RESOLUTION NO. 102-1999 AUTHORIZING SUBMISSION OF THE COMPREHENSIVE PLAN FOR THE CITY OF FRIDLEY TO THE METROPOLITAN COUNCIL: Mr. Burns, City Manager, stated that with this action Council would be transmitting a copy of the City's draft Comprehensive Plan to the Metropolitan Council prior to the State imposed December 31, 1999 deadline. This is a draft resolution and, as such, would be reviewed by the Metropolitan Council concurrently with further public input and Council consideration. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 102-1999. 14. APPROVE CONSULTANT CONTRACT BETWEEN THE CITY OF FRIDLEY AND BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC., FOR THE PREPARATION OF A LOCAL WATER MANAGEMENT PLAN: Mr. Burns, City Manager, stated that this is a motion to approve the expenditure of $12,000 for the services of a consultant to complete the storm water section of the City's comprehensive plan amendments. Staff recommended approval of a contract with Bonestroo, Rosene, Anderlik & Associates for completion of the City's "Local Water Management Plan" at a cost not to exceed $12,000. APPROVED CONTRACT BETWEEN THE CITY OF FRIDLEY AND BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. 15. APPROVE SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM CONTRACT FOR ADMINISTRATIVE SERVICES: Mr. Burns, City Manager, stated that the contract administers the Section 8 Housing Assistance Program for the Metropolitan Council in the Cities of Fridley, Spring Lake Park and St. Anthony. The contract would raise the fee for services that we receive retroactive to June 1, 1999. Staff recommended Council's approval. APPROVED SECTION 8 CONTRACT. 16. APPROVE SNOW REMOVAL OPERATIONS POLICIES AND PROCEDURES FOR THE CITY OF FRIDLEY FOR THE 1999 THROUGH 2O00 SEASON: FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 13, 1999 PAGE 6 Mr. Burns, City Manager, stated that this was the same policy that has been used in recent years. The policy identifies equipment and procedures for plowing City streets under different storm conditions. For all snow storms, collector streets are plowed first. For normal storms (under nine inches) the City is divided into ten plowing districts with four alternate starting points. Once collector streets are completed, the crews begin plowing neighborhood streets curb to curb. For storms above nine inches, the City plows a single lane in the neighborhood districts before returning to plow curb to curb. Plowing normally starts when the snow storm subsides. Sanding begins when the Police Department notifies a Public Works Maintenance on-call person that slippery conditions e�st on a City street. Beginning January 1, 2000, the Police Department will begin ticketing and towing vehicles that are left on City streets regardless of whether or not there is snow on the streets. Staff recommended Council's approval of these policies. APPROVED SNOW REMOVAL POLICIES AND PROCEDURES. 17. RESOLUTION NO. 103-1999 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR CLIMB THEATER (AT MAPLE LANES, 6310 HIGHWAY 65) (WARD 2): Mr. Burns, City Manager, stated that this was a renewal application. The permit would be effective March 1, 2000 through February 29, 2001. Staffrecommended Council's approval. ADOPTED RESOLUTION NO. 103-1999. 18. RESOLUTION NO. 104-1999 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR FRIDLEY LIONS CLUB (AT JOE DIMAGGIO'S RESTAURANT, 1298 EAST MOORE LAKE DRIVE) (WARD 2): Mr. Burns, City Manager, stated that this was a renewal application. The permit would also become effective on March 1, 2000 and run through February 29, 2001. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 104-1999. 19. RESOLUTION NO. 105-1999 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR MINNESOTA YOUTH ATHLETIC SERVICES (AT SHOREWOOD RESTAURANT, 6161 HIGHWAY 65) (WARD 2): Mr. Burns, City Manager, stated that this is a renewal application. The permit would be effective January 1, 2000 and run through December 31, 2001. Staffrecommended Council's approval. ADOPTED RESOLUTION NO. 105-1999. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 13, 1999 PAGE 7 20. RESOLUTION NO. 106-1999 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR FRIDLEY VFW, POST 363 (AT FRIDLEY VFW, 1040 OSBORNE ROAD N.E.) (WARD 2): Mr. Burns, City Manager, stated that this was a renewal application. The permit would run from March 1, 2000 through February 29, 2001. Staffrecommended Council's approval. ADOPTED RESOLUTION NO. 106-1999. 21. RESOLUTION NO. 107-1999 AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE OFFICE OF DRUG POLICY AND VIOLENCE PREVENTION IN THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY: Mr. Burns, City Manager, stated that the resolution authorizes the City to enter into a cooperative agreement with the Office of Drug Policy and Violence Prevention in the Minnesota Department of Public Safety. The $10,000 in Federal COPS money that the City will receive will be used to pay officer overtime in the year 2000. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 107-1999. 22. APPOINTMENTS: Mr. Burns stated that staff was seeking Council concurrence in the appointment of three employees. Staff recommended the appointment of Sandra Hara to the Accounting/Data Processing Clerk position that was recently vacated by Jeana Allen (who replaced Lois Witte in Public Works). Sandra has been working with Anoka County as an accounting clerk for the past two years. Prior to that, she worked for Dayton's as an accounting clerk for 7.5 years. Staff also recommended the appointment of Todd Ratcliff and Gregory Zurbey to two new Head Liquor Store Clerk positions that have been created as a result of staffing requirements at the new liquor store on 57t'` Avenue. Todd Ratcliff has been working for the City for a little more than six months as a part-time liquor store clerk Prior to working for the City, Todd worked for Paragon Cable as a local origination producer. Greg rejoined the Fridley liquor operations after a short stint as a teacher. He was also currently working part-time as a liquor store clerk. APPOINTED SANDRA HARA, TODD RATCLIFF AND GREG ZURBEY. 23. CLAIMS: APPROVED PAYMENT OF CLAIM NOS 90485 THROUGH 90875. 24. LICENSES: APPROVED LICENSES AS SUBMITTED AND AS ON FILE WITH THE LICENSE CLERK. 25. ESTIMATES: FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 13, 1999 PAGE 8 APPROVED ESTIMATES AS FOLLOWS: Carl J. Newquist, Esq. Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 13, 1999 PAGE 9 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of September, 1999 $ 16,604.80 Services Rendered as City Prosecuting Attorney for the Month of October, 1999 $ 17,560.00 Frederic W. Knaak, Esq. Holstad and Knaak, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of November, 1999 $ 5,000.00 Mayor Jorgenson stated that she would like Item Nos. 10 and 11 removed from the proposed consent agenda and placed on the regular agenda. MOTION by Councilmember Barnette to approve the proposed consent agenda with the exception of Item Nos. 10 and 11. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: Mayor Jorgenson stated that Item Nos. 10 and 11 should be placed after Item No. 27 under New Business. MOTION made by Councilmember Bolkcom to approve the adoption of the agenda as amended. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Mayor Jorgenson invited members of the public to come forward to address any items not on the agenda. No persons in the audience spoke. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 13, 1999 PAGE 10 PUBLIC HEARING: 26. CONSTRUCTION OF A NOISE WALL ON UNIVERSITY AVENUE FROM 44Tx AVENUE TO I-694 (WARD 3): MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:58 P.M. Mr. Flora, Director of Public Works, stated that on November 10, a representative from the Minnesota Department of Transportation (Mn/DOT) conducted an open house regarding the construction of a noise wall along University Avenue from 44t'` Avenue north to I-694 on the west side. 27 people attended. Council decided to hold a public hearing on this issue to make a position statement to Mn/DOT supporting or not supporting the decision to go ahead with a design for this wall. Councilmember Bolkcom stated that the Council sent a letter to residents abutting the proposed wall. Mr. Flora stated that the City sent a letter to all of the residents abutting the wall on Third Street. A notice was also sent to Focus News to be published. Mr. Jim Hanson, MnDOT representative, stated that the noise wall would e�tend from 44t'` Avenue to an area beyond 53rd Avenue on the west side of Trunk Highway 47. In 1995, the State Legislature requested Mn/DOT to do a noise priority study on all freeways and expressways in the state of Minnesota. Eight hundred areas were covered. The area along University Avenue was rated number 10 on the list for priorities for a noise wall. Mn/DOT proposed to construct this portion during the summer of 2000. The cost would be $600,000 to $900,000. A concrete post, wood-flanked noise wall would be constructed where the right-of-way fence is today. Mn/DOT has already proposed two different projects along two different roadways. On I-35W the residents and City Council have rejected a noise wall. One was accepted on Trunk Highway 100 in St. Louis Park Although Mn/DOT proposed the noise wall, they would not force it to be built. It is up to the City and the residents. Starting at 44t'` Avenue, there would be about a 10-12 foot wall above the profile of the roadway. Most of that area has homes that are set back and down lower. From 49t'` to beyond 53rd Avenues would be a 15 foot wall. Most of the in-place landscaping would be removed. Mn/DOT would do minimal replacement of landscaping due to the amount of money available for the project. Councilmember Barnette asked about the boundaries of the noise wall along 53rd Avenue. Mr. Hanson stated that it was eight houses just north of 53rd Avenue where it would tie into the present in-place berm that has been there for about twenty years. Councilmember Bolkcom asked Mr. Hanson if he could summarize the comments he received at the earlier public meeting. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 13, 1999 PAGE 11 Mr. Hanson stated that the comments reflected that people supported for the noise wall. One question was regarding who was going to pay for the noise wall. Mn/DOT would be paying for the full cost of the noise wall. Mr. Hanson showed pictures of the noise wall along the Highways 610 and 10 area. The wall is a concrete post with wood-flanked noise wall. Mr. Burns asked Mr. Hanson about the reduction factor of noise by construction of this wall. Mr. Hanson stated that in this area the noise levels of the present day are in the high 60s to low 70s decibel level. There would be appro�mately a seven to eight level decibel reduction. This would be about five decibels below the standards. The State standards are set up for conversational speech at 65 decibels. That compares to two people talking at a distance of about 3 to 4 feet apart. No noise over that would interfere with that conversation. An office surrounding is in the mid to high 50 level. MN/Dot is trying to get to 60 for a noise level. A noise level of 65 would be comparable to TV noise level or a manual typewriter. A vacuum cleaner would be around 70. Councilmember Barnette asked if the noise level would be reduced by fifty percent. Mr. Hanson stated that it would be around forty percent. All of the noise levels that Mn/DOT predicts and monitors are in an activity area on the ground level, five feet above the ground. They use a microphone to do the monitoring. Mayor Jorgenson asked if the noise would bounce back over to the east side of the highway. Mr. Hanson stated that there will always be some reflection. Mn/DOT has done noise studies where there are two lanes of traffic like Trunk Highway 47. They determined that it may be a 1 to 1.5 level increase m noise. Mayor 7orgenson asked if there were other Fridley sites that have this problem. Mr. Hanson stated that anywhere there were residential areas Mn/DOT did monitoring. No other sites ranged quite as high. There were some sites on I-694 on the north side but it did not rank in the top ten. This particular site ranked number ten on the list. This was combined with one site that had a mid 40s decibel level on 48t'` and 53rd Avenues to make one project. There were some sites on I-694 that had these problems. One was north of the Cub Foods store on the west and east side going all the way up to just south of Northtown. Mr. Hanson stated that he did have e�tra copies if anybody wanted to request one. Councilmember Bolkcom asked if the residents could do landscaping between their yard and the right-of- way. Mr. Hanson stated that it was safe to say that Mn/DOT will allow the residents to do landscaping up to the noise walL Mn/DOT does not have enough financing available to pay for the equipment for the landscaping. If anything serious happens with the wall, Mn/DOT would come back and repair that. Councilmember Bolkcom stated that one of the residents had a question about storm drainage between 47th and 46th Avenues. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 13, 1999 PAGE 12 Mr. Hanson stated that this project would be a noise wall project. The landscaping would perpetuate the current drainage along 47t'`Avenue. Anything that is west of Mn/DOT right-of-way, is not something that Mn/DOT is capable to deal with. Councilmember Bolkcom stated that Mr. Flora could make note of the storm drainage problem. Mayor 7orgenson stated that the amount of fumes coming up from the highway from the traffic was a concern. Mr. Hanson stated that lead content comes from gasoline. There has not been any gas stations offering leaded gasoline for twenty years in the metropolitan area. The State of Minnesota's air quality is improving all of the time due to their maintenance level of carbon monoxide. There would be some carbon monoxide problems in areas with heavy traffic, but they have not had a violation with the Minnesota Pollution Control Agency in five years. Mn/DOT does not deal with pollution aspects with a noise wall pertaining to air quality. If they were doing a major rebuild like adding lanes, they would be looking at doing quality monitoring. Councilmember Bolkcom asked if there would be any special assessments to any of the residents in this area. Mr. Hanson stated that Mn/DOT Metro Division would be financing this project out of their own construction and maintenance budgets and putting $1,500,000 per year into these projects. Mr. Mike Riley, 4703 Third Street, stated that his property abuts where the noise wall would be. His concern was the drainage between 47t'` and 46t'`Avenues. He said there are drains that get flooded on the highway. When the big super rains come, it runs into yards right up to the edge of houses. He asked if the noise wall would provide a dam to possibly shift water from coming into the yards. Mr. Hanson stated that the noise wall would go down to the ground level and may have minimal retention on the highway side. Mr. Riley stated that the problem was that when the grass was cut, the grass would get washed down the drains, build up and catch dirt. He really wanted the noise wall to be constructed. He felt the noise was very loud in his back yard in the evenings and mornings. He said there are many trucks in the morning. He said the noise from the trucks is very loud. He said there has been an increase in traffic since he bought his house in 1991. Mr. Loren Smerud, 4603 Third Street, stated that his backyard would be right down to the wall. He would like to thank Mn/DOT for taking them into consideration and giving them the information they needed. They cannot have neighbors over to visit in the backyard because of the noise. He felt the noise would only keep increasing. From that standpoint, he was in favor of the wall. Because it is up to the neighborhood, he and some others went out to visit residences to sign a petition for supporting the wall. They obtained 83 signatures in support of the wall. He stated that he would leave the list with the names and telephone numbers of the citizens who signed the petition. Councilmember Bolkcom asked Mr. Smerud if he knows how many citizens were not in support of the wall. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 13, 1999 PAGE 13 Mr. Smerud stated that the petition was only for people who were in support of the wall. There were a few who were against the wall, some did not care, but most were in support. He would highly recommend that Council approve the wall. Councilmember Bolkcom thanked him and his neighbors for taking the time to circulate a petition. MOTION by Councilmember Bolkcom to accept the petition. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Jeff Jansen, 4727 Third Street, stated that he had a question about the storm water. Twice since 1987 he has had water flood his foundation. He thinks he saw someone from Mn/DOT working on the storm water drainage problem, but he was not sure. He felt that five years from now, the traffic will be twice as bad. He said he wanted the wall built. Mr. Smerud asked how long the walls usually last. Mr. Hanson stated that the wall should last twenty years. Most of the noise walls built up to the present are at least twenty years. If repair is needed, Mn/DOT will come out and reconstruct. They have only had that happen twice in the last 25 years. Councilmember Bolkcom asked if they had to replace any walls. Mr. Hanson stated that the only ones they actually had to replace were on I-35W. Mayor 7orgenson asked what they do with the process of repairing the walls if they have to go through a resident's property to do so. Mr. Hanson stated that they would have to get an easement if they have to, but they have cherry pickers to use to avoid that. Councilmember Bolkcom asked how they could deal with the storm drainage problem. Mr. Flora stated that they have done some work along University Avenue with the drainage system. The water seems to back up when debris gets into the drainage system. Mr. Hanson stated that he could contact their water resource people and then get back to Mr. Flora. Mayor Jorgenson stated that there are several sections of Highway 47 that have this problem any time there is a major rainfall where water is standing on the highway. Part of the problem is due to the maintenance of the corridor. The City is taking on the maintenance all within its boundaries. Councilmember Bolkcom stated that maintaining that corridor should help that problem. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Council-member Barnette. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 13, 1999 PAGE 14 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 8:28 P.M. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 13, 1999 PAGE 15 NEW BUSINESS: 27. RESOLUTION NO. 108-1999 SUPPORTING THE CONSTRUCTION OF A TRUNK HIGHWAY 47 NOISE WALL: MOTION by Councilmember Bolkcom to approve the resolution supporting the construction of a Trunk Highway 47 noise wall. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom thanked residents for coming to the meeting and for their hard work with the petition. The neighborhood speaks. Mayor 7orgenson stated that she lives near I-694 and Highway 65. She lives with that noise everyday, and she understands why the citizens are present with the petitioner and necessary signatures. Councilmember Barnette asked Mr. Hanson when the construction would begin. Mr. Hanson stated that it would probably start in July. Mayor Jorgenson stated that residents should be reminded that the old fence will be coming down. There will be work being done in everybody's back yards, and they need room to work Mayor Jorgenson asked Mr. Hanson if they would take the old fence down a couple of weeks before it starts. Mr. Hanson stated that a couple of weeks is probably correct. Councilmember Bolkcom stated that everybody will be notified beforehand with a letter. Mr. Hanson stated that was correct. Mr. Curt Nitschke, 4610 Third Street, asked what MN/Dot will do with the old fence. Mr. Hanson stated that they try to salvage it somewhere, but if anyone was interested in getting some of it, a project engineer and the contractor could be consulted. Councilmember Bolkcom asked if the project manager's telephone number would be in the letter that residents receive. Mr. Hanson stated that the project manager engineer would be the main contact. His telephone number and name and date of construction will also be in the letter. Mr. Robert Archer, 4595 Third Street, stated that between 44t'` and 45t'` Avenues on the east side people were unaware of the wall. Mr. Hanson stated that he should talk to the City of Columbia Heights. The original letter included both the Fridley and Columbia Heights area. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 13, 1999 PAGE 16 Councilmember Bolkcom stated that they could make a copy of the petition and notify Columbia Heights to contact the people to let them know what is going on. Mr. Hanson stated that they would contact Columbia Heights. 10. RESOLUTION NO. 99-1999 APPROVING SPECIAL LEGISLATION AND APPROVING EXTENSION OF TAX INCREMENT FINANCING DISTRICT NO. 6: Mayor 7orgenson asked if there was any notification to the neighborhood regarding this. Ms. Dacy, Director of Community Development, stated that the map depicting the additional project areas was published in Focus News. According to State law, there is no individual notice needed to go to each individual property owner. They presented this to the Planning Commission in September prior to the Council's public hearing on October 11. Mayor Jorgenson stated that the enlargement of the project area would help them deal with some of the other issues as well. MOTION by Councilmember Barnette to approve Resolution No. 100-1999 approving special legislation and approving e�tension of Tax Increment Financing District No. 6. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. RESOLUTION NO. 100-1999 MODIFYING THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NO. 1 THORUGHT 3, 6, 7, 9, THROUGH 16 TO REFLECT ENLARGEMENT OF THE PROJECT AREA AND INCREASED PROJECT COSTS TO BE UNDERTAKEN WITHIN REDEVELOPMENT PROJECT NO. 1: MOTION by Councilmember Bolkcom to approve Resolution No. 100-1999 modifying the redevelopment district. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 28. RESOLUTION CERTIFYING THE FINAL TAX LEVY REQUIREMENTS FOR 2000 TO THE COUNTY OF ANOKA: Mr. Burns, City Manager, stated that they are proposing to certify $4,035,671 to Anoka County for the City's property tax levy for the year 2000. Ms. Skogen, City Clerk, included $3,947,882 in property taxes for the benefit of the General Fund, $72,689 for the Capital Project Fund, and $6,200 to the benefit of the Six Cities Watershed Management Organization. $8,900 is included for the Stonybrook Creek Sub-Watershed Districts. Staff recommended approval of the resolution. Councilmember Billings asked if this was the property tax portion of the budget. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 13, 1999 PAGE 17 Mr. Burns stated that was correct. Councilmember Billings asked if this was the amount that they have preliminarily certified to Anoka County without an increase. The budget presented includes this amount and in addition provides $650,000 of franchise fees, and another nine-tenths of a million dollars of money coming out of reserves in order to balance spending with the revenues. Mr. Burns stated that was correct. Councilmember Billings stated that the motion is not necessarily the adoption of the budget, but merely the portion that has to do with real-estate taxes whether or not the franchise fee passes tomorrow. The revenues are less than the expenditures, so this is an amount that will not be affected by the vote of the referendum. Mr. Burns stated that the General Fund portion is about thirty-four percent of revenues but has nothing to do with the franchise fee. MOTION by Councilmember Billings to adopt the resolution. Seconded by Councilmember Bolkcom. Mayor Jorgenson asked how many votes they need on this item. Mr. Pribyl stated that it would need a four-fifths vote on the budget levy itself. On the budget, it would need a three-fifths vote. Mayor Jorgenson asked what would happen if the levy did not pass this evening. Mr. Pribyl, Director of Finance, stated that they would need to pass this before the end of the year. They need to certify the levy to the County prior to December 20. Councilmember Billings asked Mayor 7orgenson if she had a reason to vote against the levy. Mayor 7orgenson stated that she has talked to many community members in the last week Many are concerned with whether or not the franchise fee passes. She was curious as to why they need to push this through without knowing what the final vote was going to be. Councilmember Billings asked what impact the outcome of the final vote would have on her decision to certify the levy. If the vote is affirmative, the budget would be balanced. If the vote is not affirmative, he asked how that would affect the ad valorem tax. Mayor Jorgenson stated that it would not affect the tax, because the levy has pretty much been set. They could reduce the levy limit, but that would put them in a bigger negative position than they are currently. It was more a presumption in the community that Council was trying to pass something when they did not have all of the information. She suggested they take a look at doing this at the ne�t meeting when they have all of the information before them. Councilmember Billings stated that the ad valorem tax was indicated to the County in December for what the ma�mum could be, if the majority vote tomorrow is in the negative and they cannot have the FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 13, 1999 PAGE 18 franchise fee, there is absolutely no opportunity to raise the ad valorem tax. They are already spending nine-tenths of a million dollars from the budget reserves because staff recommended holding the levy at the 1998 level. He said he did not have a problem with tabling this portion, but he felt nothing would change after the election tomorrow, as it refers to the ad valorem tax. MOTION by Councilmember Billings to this item. Seconded by Councilmember Bolkcom. Mayor Jorgenson stated that this item would come back to the Council on December 20. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 29. RESOLUTION ADOPTING THE FINAL BUDGET FOR THE FISCAL YEAR 2000: Councilmember Billings stated that this should be tabled until after the result of the franchise fee vote is known. He has a problem with passing something that they are unsure of the balance of. These votes are coming on the calendar for the levy for today, because that is when the Council scheduled this in June. MOTION by Councilmember Billings to table this item. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 30. INFORMAL STATUS REPORTS: Mayor Jorgenson stated that the election would be held tomorrow for the utility franchise fee. The polls would be open from 7:00 a.m. to 8:00 p.m. Mr. Pribyl, Director of Finance, stated that if anybody has any questions they could call the switchboard at the Municipal Center at 571-3450. Mayor Jorgenson asked Mr. Pribyl about the completion of the liquor store. Mr. Pribyl stated that the liquor store will be completed probably in the first part of the year. Councilmember Bolkcom asked if the meeting on December 20 started at 7:00 p.m. or 7:30 p.m. Mr. Burns stated that it starts at 7:30 p.m. Mayor Jorgenson asked if the election vote would be televised. Mr. Burns stated that it would be televised on Channe135 with an election report as soon as it comes in. They are also hoping for something on the Fridley web site. Mayor Jorgenson stated that they are using paper ballots tomorrow so it will take more time. Councilmember Bolkcom asked Mr. Flora about the street signs on East River Road. FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 13, 1999 PAGE 19 Mr. Flora, Director of Public Works, stated that they are making new ones. They hope to have them up by the first week in 7anuary. Mayor 7orgenson asked about the Riverview Heights project. Mr. Flora stated that was all completed about one month ago. Councilmember Bolkcom stated that she noticed there was still a lot of gravel down by 79t'` Way and Riverview Terrace. Mr. Flora stated that they swept three times this fall. He said they may have winterized their equipment, but he would check it out to see if it is operational. Councilmember Bolkcom stated that it is all the way down 79t'` Way from the turn off at Buffalo Street and Alden Way. Mayor Jorgenson stated that she received a letter of commendation for Mark Foster about the Municipal Garage. The letter commends the effort of maintaining Police Department vehicles and other City equipment saving thousands of dollars by repairing vehicles and e�tending the life of the vehicles. This was signed by Paul Lawrence, Superintendent of Public Works. Councilmember Billings asked how the meeting went on Friday with Mn/DOT regarding Old Central Avenue. Mayor Jorgenson stated that MnDOT presented the information they obtained through their traffic study. They stated that there were 440 cars per hour making a free right-turn on Highway 65 onto Old Central Avenue. There is no way they can currently erect a stop sign at that location on a no right turn on red during peak hours. That would back up traffic all the way to the new I-694 ramp. They did talk about potential solutions, one being a right turn in and a right turn out on Hackmann and Old Central Avenues. They are looking at a couple of other possibilities. They may be looking at a possible road reconfiguration in that area. They will be considering courses of action to take in May of 2001. There is a potential for creating two new traffic lanes across the causeway that will help with the traffic congestion going into the Medtronic site. They will continue to monitor and watch, especially with the Medtronic site going in. Ms. Dacy, Director of Community Development, stated that on Wednesday, December 15, the Planning Commission would be conducting its first official public hearing regarding the most current draft of the Comprehensive Plan. ADJOURN: MOTION by Councilmember Bolkcom to adjourn the meeting. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE DECEMBER 13, 1999 CITY COUNCIL MEETING ADJOURNED AT 9:00 P.M. Respectfully submitted, FRIDLEY CITY COUNCIL MEETING MINUTES OF DECEMBER 13, 1999 PAGE 20 Signe L. Johnson Nancy J. Jorgenson Recording Secretary Mayor