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12/17/2001 - 00009721THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 17 , 2001 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Bolkcom, Councilmember Billings, and Councilmember Wolfe. MEMBERS ABSENT: None. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the Proposed Consent Agenda as presented. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES: City Council Meeting of December 3, 2001. APPROVED. NEW BUSINESS: 1. RECEIVE THE MINUTES FROM THE PLANNING COMMISSION MEETING OF DECEMBER 5, 2001: RECEIVED THE MINUTES. 2. SPECIAL USE PERMIT REQUEST, SP #01-13, BY TROY AND ANNA PEABODY, TO ALLOW A RESIDENCE TO BE BUILT IN A RIVER PRESERVATION DISTRICT, GENERALLY LOCATED AT 608 CHERYL STREET N.E. (WARD 3): Mr. Burns, City Manager, stated that the Planning Commission gave their unanimous approval to allow a residence to be built in a River Preservation District. Staff recommended approval subject to thirteen stipulations. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 17, 2001 PAGE 2 APPROVED SPECIAL USE PERMIT REQUEST, SP #01-13 WITH THE FOLLOWING THIRTEEN STIPULATIONS: 1. PRIOR TO SUBMITTAL OF BUILDING PLANS, ALL STRUCTURAL AND SOIL ENGINEERING SHALL BE REVIEWED AND APPROVED BY A STRUCTURAL ENGINEER; 2. ALL NECESSARY PERMITS SHALL BE OBTAINED FROM THE CITY PRIOR TO CONSTRUCTION; 3. SIDING AND LANDSCAPING SHALL BE USED TO MINIMIZE THE IMPACT OF FLOOD-PROOFING MATERIALS; 4. THE PETITIONER SHALL SUBMIT AN ELEVATION CERTIFICATE AS PART OF A VERIFYING SURVEY PRIOR TO THE FOUNDATION BEING CAPPED, WHICH SHALL VERIFY THAT THE MINIMUM FIRST FLOOR ELEVATION IS 823.9 FEET; 5. THE PETITIONER SHALL FLOOD-PROOF THE GARAGE IN ACCORDANCE WITH CURRENT FEDERAL AND STATE FLOOD- PROOFING REQUIREMENTS TO THE MINIMUM OF THE 100-YEAR FLOOD ELEVATION; 6. PLANTER BOXES SHALL BE INSTALLED AT LEAST FOUR FEET FROM THE HOME ON BOTH THE EAST AND WEST SIDES. THEY SHALL BE REVIEWED AND APPROVED BY CITY STAFF PRIOR TO ISSUANCE OF ANY BUILDING PERMITS; 7. THE PETITIONER SHALL SUBMIT NEW GRADING AND DRAINAGE PLANS INTEGRATING THE PLANTER BOXES INTO THE LANDSCAPE AREAS ON THE EAST AND WEST SIDES OF THE HOME; 8. THE VERIFYING SURVEY SHALL CONFIRM STIPULATION NO. 7; 9. EROSION CONTROL MEASURES SHALL BE INSTALLED ALONG ALL LOT LINES PRIOR TO ANY WORK DONE ON SITE; 10. THE PETITIONER SHALL EXECUTE AND RECORD AGAINST THE PROPERTY A HOLD HARMLESS AGREEMENT RELEASING THE CITY FROM LIABILITY IF DAMAGE OCCURS AS A RESULT OF FLOODING; 11. THE PETITIONER SHALL AGREE TO PRESERVE MATURE TREES TO THE EXTENT POSSIBLE. ALL TREES REQUIRED TO BE REMOVED FOR THE NEW HOME SHALL BE MARKED AND APPROVED BY CITY STAFF PRIOR TO ISSUANCE OF BUILDING PERMITS; 12. THE HEIGHT OF THE STRUCTURE SHALL NOT EXCEED 30 FEET AS MEASURED FROM THE TOP OF CURB ELEVATION; AND 13. SPECIAL USE PERMIT APPROVAL IS DEPENDENT UPON APPROVAL OF VARIANCE #01-15. 3. RESOLUTION NO. 72-2001 APPROVING A PLAT, P.S. #01-04 (SONJA'S HEATHER HILLS, BY DALE ANDERSEN AND PAUL HILBORN, TO REPLAT PROEPRTY FOR THE PURPOSE OF FORMALLY RECOGNIZING WHAT WAS ERRONEOUSLY PERCEIVED TO BE THE LOT LINE BETWEEN THEIR PROPERTIES, LOCATED AT 6175 HEATHER PLACE AND 1400 KERRY CIRCLE(WARD 2): Mr. Burns, City Manager, stated that this is the final plat for the plat approved by Council on October 8, 2001. Staff recommended Council's approval. APPROVED RESOLUTION NO. 72-2001. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 17, 2001 PAGE 3 4. RESOLUTION NO. 73-2001 AUTHORIZING THE EXECUTION OF A FLOOD HAZARD GRANT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES: Mr. Burns, City Manager, stated that earlier this year, staff submitted a grant application to the DNR to fund a second pump for the Riverview Heights Springbrook Creek pump station. The pump will be sized to handle the full flow of Springbrook Creek and be automated. The cost of the pump and new control is $60,800. The DNR grant would cover half of that and we expect another $18,000 to be funded by a FEMA grant. We had included $20,000 in our 2002 Capital Improvements Plan to cover the remainder. The State has placed this grant on hold with many other grants but it has been approved. Staff recommended approval and recommended that the Director of Public Works act as the City's agent to administer this grant. APPROVED RESOLUTION NO. 73-2001. 5. APPROVE GIS CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF FRIDLEY AND PLANSIGHT LLC: Mr. Burns, City Manager, stated that this is a motion to approve the consulting agreement with P1anSight. This is the GIS service we share with Columbia Heights and Andover. We have been very happy with their services. Staff recommend approval of this agreement. APPROVED. 6. APPROVE JOINT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE CITY OF HILLTOP FOR FIREFIGHTING SERVICES: Mr. Burns, City Manager, stated that this is a two-year agreement with the City of Fridley and Hilltop for fire suppression, arson investigation services, and compliance inspection. Staff recommended approval of this joint agreement. APPROVED. 7. MOTION TO AUTHORIZE THE FRIDLEY SENIOR PROGRAM TO APPLY FOR CDBG FUNDING FOR THE YEAR 2002 THROUGH 2O03: Mr. Burns, City Manager, stated that the City of Coon Rapids and Fridley have made a joint application to Anoka County for $11,433. The money will be used to fund the Senior Companion Programs. Staff recommended Council's approval. APPROVED. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 17, 2001 PAGE 4 8. RESOLUTION NO. 74-2001 AUTHORIZING AN INCREASE IN COMPENSA- TION AND CHANGES IN CERTAIN BENEFITS FOR THE 2002 CALENDAR YEAR: Mr. Burns, City Manager, stated that this is to authorize employee cost of living adjustments for 2002. The resolution provides a four percent (4%) increase in salaries for 2002. The amount is consistent with the rate of inflation in the Twin Cities metro area. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 74-2001. 9. APPOINTMENT (CITY EMPLOYEE): Mr. Burns, City Manager, stated that staff recommended the appointment of Mary Smith to the City Assessor position. This position came open to replace Ed Hervin who retired. Ms. Smith performed well during her years of service to Fridley and is the best qualified person for the job. APPROVED THE APPOINTMENT OF MARY SMITH TO THE CITY ASSESSOR POSITION. 10. CLAIMS: APPROVED CLAIM NOS. 102762-103036. 11. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. 12. ESTIMATES: APPROVED ESTIMATES AS FOLLOWS: Ron Kassa Construction 6005-250th St. East Elko, MN 55020 Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 338 FINAL ESTIMATE $4,545.08 ADOPTION OF AGENDA: MOTION by Councilmember Billings to adopt the Agenda as presented. Seconded by Councilmember Bolkcom. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 17, 2001 PAGE 5 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Mr. Jim Glaser, 16 Rice Creek Way, asked if Item No. 13 could be discussed sooner. Councilmember Bolkcom stated that it was the next item. Mr. Glaser stated that he lives on the south side of Locke Lake Park and for about three years there has been a light that constantly is blinking off and on. It is near the walking path that goes down by the trestle. They have spoken with Councilmember Bolkcom and City workers and would like to get this fixed. The walking path is getting used more and more every year. He thought another light is needed closer to the trestle. Mayor Lund asked Mr. Haukaas if he was aware of the problem with the light. Mr. Haukaas stated that he was not. PUBLIC HEARING: 13. CONSIDERATION OF THE EDGE WATER NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST. 2002-1: MOTION by Councilmember Bolkcom to open the public hearing and waive the reading. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 7:41 P.M. Mr. Haukaas stated that this project is similar to what has been done for the last several years. This project will include the addition of concrete curb and gutter, and reconstruction of the streets. Due to the amount of water main breaks, water main and service replacement is being proposed for 66 '/z Way between Rice Creek Way and Ashton Avenue. A neighborhood meeting was held on June 7, 2001. Councilmember Bolkcom stated that there were a couple of people at that meeting who could have went either way about the streets being redone. We suggested that they submit a petition, but we have not received any. Mr. Haukaas stated that was correct. Ms. Joy Glaser, 16 Rice Creek Way, stated that she hoped there would be an improvement on the surface of the road over what they put on there the last time they applied asphalt. The surface they put on there had rocks so sharp it took forever for it to become embedded through the FRIDLEY CITY COUNCIL MEETING OF DECEMBER 17, 2001 PAGE 6 surface of the asphalt and it was hard to walk on. She is for the project and it will improve the appearance of the neighborhood. Councilmember Bolkcom asked what she was describing. Mr. Haukaas stated that it is an interim maintenance sealcoating of the roads and is asphalt, emulsion, and rocks. We do it to waterproof and traction the streets. New, smooth asphalt is proposed for this project. Councilmember Barnette stated that the neighborhood is very pleased with the asphalt project on Woody Lane off of Old Central. Councilmember Wolfe asked if the sealcoat was different on the road where he lives. It was done incredibly well and may have a different type of stone. Many commented on how much cleaner it was. Mr. Haukaas stated that a smaller aggregate was used which is less of a problem as far as sharpness. In 2002, larger heavier rock will be used on larger streets and smaller lighter rock on low volume streets. Ms. Barbara Hamer, 41 — 66 '/z Way N.E., asked how much disruption there would be when they started digging into yards. Mr. Haukaas stated that they try to minimize the amount of digging they do in people's yards. He said they expect to impact the yards an average of three to four feet at the most. It may be necessary to go further, due to changes in the grade. On 66 '/z Way, it is proposed that the water main be replaced. There will be sections where it will be necessary to go back to the property line to replace the curbstop and bring the water service up to that point. The area will be regraded and resodded. Ms. Hamer asked if the trees on the boulevard would be impacted. Her yard has two trees on the boulevard and one is probably five feet or less from the curbing. Mr. Haukaas stated that they try not to take any trees if possible. There is at least one tree on every project that is one foot away from the curb, but the majority are left there. If the tree is close to being a problem, the homeowner is asked if they want to keep it or if they mind it being removed. Ms. Hamer stated that she has incorporated a flowerbed around the tree for mowing purposes. Mr. Burns stated that Reliant Energy came in ahead of the last project and replaced gas mains and services. He asked if this was going to be done on 66 1/2 Way. Mr. Haukaas stated that he believes they are proposing to come in before. They will coordinate with us. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 17, 2001 PAGE 7 Councilmember Barnette stated that on Hillcrest and Woody Lane, they did everything to minimize the impact and did a good job. It is a mess for awhile though. Councilmember Bolkcom asked if there ever was a project where there was a petition submitted. Mr. Haukaas stated that they ask for the petition to put into record to show the support from the neighborhood and it has not always been received. It is to show Council and the rest of the neighborhood that the neighbors want it. This is not required that we receive the petition unless there is opposition of the neighborhood. Councilmember Bolkcom asked if we sent out letters to all the properties in the area. Mr. Haukaas stated that public hearing notices were sent out approximately two weeks ago. Mr. Glaser asked how it shows up on the tax statement and when, and what options do we have. Mr. Pribyl stated that it shows up on the bottom of the tax statement as special assessments in 2004. This is assessed in 2002 and shows up in 2004. Mayor Lund asked if it may show up in 2003. Mr. Pribyl stated that it depends on the completion of the project. If it is completed early in 2002, they can get it on 2003. Mr. Burns stated that the residents will be notified of the amount to be assessed and they have an opportunity to pay the full amount or accept the indebtedness. Mr. Pribyl stated that is correct. Councilmember Bolkcom stated that after the public hearing, they can send out a letter telling them the options. Mr. Pribyl stated that there is a final assessment hearing of which all the project information is presented to Council for certification. Based on that action, a parcel specific mailing will be sent out to all properties indicating Council action and what amount. Councilmember Bolkcom asked when the ne�t action date would be. Mr. Haukaas stated they will begin design on this immediately if approved and move forward ne�t month to bring resolutions to move into the final design. He said they expect to have it completed in March and advertise it in the end of March and early April for an early award for construction. Councilmember Bolkcom asked Mr. Burns to draft a letter to send out. She is planning on voting for the project unless she hears from a lot of people. She will get them the information about the project in March. There were only six people at the June neighborhood meeting and 2 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 17, 2001 PAGE 8 or 3 stated that they could take it or leave it. She thinks it needs to be improved but would like to hear from more people. Ms. Glaser asked how many residents they are looking at. Councilmember Bolkcom asked Mr. Haukaas if the notice was sent out including the parcels. Mr. Haukaas stated that the letter sent out did include the parcel specific cost estimate and there are approximately 100 properties. Mayor Lund asked Mr. and Mrs. Glaser if they heard any negative comments. Ms. Glaser stated that she had not and would be willing to take a petition around. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:00 P.M. 14. RESOLUTION NO. 75-2001 CERTIFYING THE FINAL TAX LEVY REQUIRE- MENTS FOR 2002 TO THE COUNTY OF ANOKA: Mr. Pribyl stated that this is the annual certification that is required to levy taxes for the following year 2002. The tax levy is unchanged from the amount stated on the December 3 Public Hearing the City Manager presented in depth. The levy is broken up into the General Fund with a levy of $5,507,313, Capital Improvement at $90,718, the Six Cities Watershed Management Amortization at $6,200 and Stonybrook Creek at $8,900, for a total of $5,613,131. This is part of the budget presented on December 3. MOTION by Councilmember Billings to adopt Resolution No. 75-2001. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. RESOLUTION NO. 76-2001 ADOPTING THE FINAL BUDGET FOR THE FISCAL YEAR 2002: Mr. Pribyl stated that this resolution adopts the final budget for 2002 as presented by the City Manager on December 3. This was part of a public hearing and all the elements comply with Minnesota state statutes and the City Code. The major components of the budget are the General Fund appropriations at $12,541,249, Special Revenue Funds at $1,143,262, Capital Projects Fund at $1,043,800, and Agency Funds at $6,200. The total 2002 appropriations budget is at $14,734, 511. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 17, 2001 PAGE 9 MOTION by Councilmember to adopt Resolution No. 76-2001. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. INFORMAL STATUS REPORTS: Councilmember Bolkcom wished everyone happy holidays. Mayor Lund stated that he would like to send condolences to Bob Schroer and his family. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE DECEMBER 17, 2001, CITY COUNCIL MEETING ADJOURNED AT 8:06 P.M. Respectfully submitted, Signe L. Johnson Scott Lund Recording Secretary Mayor