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07/22/2002 - 00024424THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 22, 2002 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:32 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe and Councilmember Bolkcom. MEMBERS ABSENT: None. PROCLAMATIONS: Certificate of Appreciation to Suzanne Holm. Mayor Lund stated that this certificate of appreciation was being presented to Suzanne Holm from the City of Fridley for her outstanding effort and volunteer service in making the City of Fridley a beautiful and better place in which to live. Mayor Lund stated that planting and caring for the flower garden in Madsen Park has been a wonderful addition to the City's park system. The City wished to recognize her for the 13 years of service she has given to the community. Ms. Holm thanked everyone and said it was a lot of fun and a great honor. She would like to encourage someone to take over one of Fridley's welcome signs individually, as a group or as a business. Mayor Lund stated that they have been looking for people to maintain the signs but have been unsuccessful. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the Proposed Consent Agenda as presented. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JULY 22, 2002 PAGE 2 APPROVAL OF MINUTES: City Council Meeting of July 8, 2002 APPROVED. NEW BUSINESS: 1. RESOLUTION NO. 40-2002 DESIGNATING POLLING PLACES AND APPOINTING ELECTION JUDGES TO THE 2002 PRIMARY AND GENERAL ELECTIONS. Mr. Burns, City Manager, stated that we were very fortunate this year in having a lot of applicants for the election judge positions. Staff recommended Council's approval. APPROVED RESOLUTION NO. 40-2002. 2. RESOLUTION NO. 41-2002 ORDERING PRELIMINARY PLANS, SPECIFICA- TIONS AND ESTIMATES OF THE COSTS THEREOF: MARIAN HILLS NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST. 2003 - 1: Mr. Burns, City Manager, stated that this project includes portions of 53rd Avenue, Buchanan Street, Fillmore Street, Taylor Street, Pierce Street, Skywood Lane, and Skywood Court. The project includes corrections of problems with the street base, resurfacing, installation of concrete curb, and gutter, and repairs to existing water, sanitary and storm sewer systems as required. The project was reviewed by 25 people representing 20 properties at a neighborhood meeting on June 4. Staff explained the project to those present and pointed out that there would be an assessment for the cost of the concrete curb, and gutter. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 41-2002. 3. RECEIVE BIDS AND AWARD CONTRACT FOR THE 57TH AVENUE SANITARY SEWER IMPROVEMENT PROJECT NO. 346: Mr. Burns, City Manager, stated that four bids were opened on June 17. The low bidder was Park Construction in the amount of $259,767.92. Since this project is an eligible tax increment financing expense for the Medtronic tax increment financing district, the cost will be reimbursed by the Fridley Housing and Redevelopment Authority from tax increment revenues. Staff recommended Council's approval. RECEIVED BIDS AND AWARDED CONTRACT FOR THE 57TH AVENUE SANITARY SEWER IMPROVEMENT PROJECT NO. 346 TO PARK CONSTRUCTION. FRIDLEY CITY COUNCIL MEETING OF JULY 22, 2002 PAGE 3 4. APPROVE METROPOLITAN ENVIRONMENTAL PARTNERSHIP GRANT AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF FRIDLEY: Mr. Burns, City Manager, stated that this agreement accompanies an $88,807 Metro Environmental Partnership Grant from the Metropolitan Council. It serves as part of the cash required to meet the local match for the MPCA Clean Water Partnership Grant that we will be using to support the Springbrook Nature Center Water Quality Project. By signing the agreement, we agree to follow the elements of the work plan already approved. Staff recommends Council's approval. APPROVED. 5. APPOINTMENT TO THE ENVIRONMENTAL QUALITY AND ENERGY COMMISSION: Mr. Burns, City Manager, stated that staff recommended the appointment of Anne M Andrews to the City's Environmental Quality and Energy Commission. APPOINTED ANNE M. ANDREWS TO THE ENVIRONMENTAL QUALITY AND ENERGY COMMISSION. 6. CLAIMS: APPROVED CLAIM NOS. 106268 THROUGH 106500. 7. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. 8. ESTIMATES: APPROVED THE FOLLOWING ESTIMATES: Ron Kassa Construction 6005 — 250th Street E Elko, MN 55020 2000 Miscellaneous Concrete Repair Project No. 344 Estimate No. 2 $ 17,505.60 FRIDLEY CITY COUNCIL MEETING OF JULY 22, 2002 PAGE 4 Lametti & Sons 16028 Forest Blvd. N. Hugo, NIN 55038 Sanitary and Storm Sewer Lining Project No. 345 Estimate No. 2 $ 45,487.90 W. B. Miller 6701 Norris Lake Road N.W. Elk River, NIN 55330 2002 Edge Water Neighborhood Street Improvement Project No. ST. 2002 — 1 Estimate No. 2 $ 32,193.60 ADOPTION OF AGENDA: MOTION by Councilmember Billings to adopt the agenda as presented. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Councilmember Bolkcom stated that they received letters from State Representatives Barb Goodwin and Connie Bernardy. Mr. Burns did try to reach Representative Goodwin. Representative Goodwin has, unfortunately, broken her ankle and was not able to speak to him. MOTION by Councilmember Bolkcom to receive the letter from Representatives Goodwin and Bernardy dated July 18, and a letter from Representative Bernardy dated July 17. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Marlene Gibson, 190 - 62"d Way, stated that the letter she received from the City of Fridley stated that the City was approached about the joint driveway on 62"d Way. It states there is no evidence that the driveway was installed or intended to be maintained by the City. There are several instances of joint driveways like this around the City and the City does not participate in maintenance of these driveways. Therefore, this is seen as a special service outside the scope of the City's duties and will not be continued. A joint arrangement for snowplowing services is needed ne�t winter including any other maintenance in the future. It was signed by Jon Haukaas the Director of Public Works. She said the street was dedicated in 1956 and there is nothing on FRIDLEY CITY COUNCIL MEETING OF JULY 22, 2002 PAGE 5 the abstract of her home to let her know that the street in front of her house is a driveway. She would not have purchased this home if she had been aware of that. She would have to shovel snow from 60 feet of street. She asked why the City did not give prior notice that this was no longer a street. Ms. Claudia Potasek, 310 - 62"d Way, stated that she lives ne�t door to Ms. Gibson and feels the same way she does. They have not been given the information they have requested so far from the City regarding ordinances, policies, or procedures of changing the street to a shared driveway. She said they have asked for examples of streets that the City has maintained for numerous years and discontinued service while there were still houses on them. They have asked for legal forms stating that 62"d Way is anything other than a street. They have asked for examples of homes at the end of the right-of-way with a neighbor between the home and the maintained streets. By declaring this street a driveway, the City is denying them free and clear access to a City street. This affects their ability to get insurance and to sell their home. They feel their rights have been taken advantage of. They have signed a letter requesting that the City of Fridley continue to maintain, snowplow, and show on City of Fridley street maps, the western portion of 62"d Way in front of the Gibson and Potasek properties as the City has done for 45 years. They are asking for a response by July 25, 2002. This letter has been signed by Ms. Gibson, Mr. Potasek and herself. MOTION by Councilmember Bolkcom to receive the letter dated July 22. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Lund stated that they will respond to the questions presented at the Council meeting. Mr. Greg Potasek, 310 - 62"d Way, stated that he lived on the street when it was originally graded and paved and the original plot map was made. He said 62"d Way was built as a dead-end street at 25 feet wide from East River Road to the end of their property. Riverview Terrace was plotted in December of 1958 and the City approved it coming to about 80 feet from the end of 62"d Way which made a piece of street. This street has been on the official street map of the City of Fridley. He requested that this document which comes from the City of Fridley Engineering Department, signed by the former Public Works Director, indicating that the section of street in question has evidence of it being a street be reviewed by Council. Citizens of Fridley are deeply affected by these decisions and the cost of a few dollars for snowplowing or maintenance of a small section of street which belongs to the City, is a small price to pay for the safety, security, and enhancement of life for the citizens of Fridley. Councilmember Billings asked what the City has been snowplowing. Mr. Potasek stated that the City has plowed the street portion for 45 years. He has seen them plow 62"d Way, the street. When he called the City on it, the City plowed the 62"d Way portion, and swept the sand. The western portion has been maintained by the City. FRIDLEY CITY COUNCIL MEETING OF JULY 22, 2002 PAGE 6 Councilmember Billings asked where the snow is stacked. Mr. Potasek stated that there is 88 feet in that section and there is 66 feet available to stack the snow. If that is not plowed, the snow from Riverview Terrace and 62"d Way would be pushed into that area for them to shovel out. That portion of snow is pushed onto the area just off the pavement. Councilmember Billings stated that the snow is not pushed to the west. Mr. Potasek stated that it is not pushed to the west, but to the south. Councilmember Billings stated that plows typically push the snow in front of them. Mr. Potasek stated that there are other methods of moving snow in the City with different devices. Councilmember Billings asked how deep the snow is typically at the end of his driveway. Mr. Potasek stated that it depends on how much snow is pushed in there. At times there is. Councilmember Billings stated that it sounds like the City plows the snow that accumulates in the driveway that they do not plow out from the other 5,000 homes in the City. Mr. Potasek stated that is not true. He cannot answer the question because it depends on the amount of snow. Councilmember Billings asked how often the blue van gets moved that is parked there. Mr. Potasek stated that he has called the City about parking on the street. He was told May 1 by the City. Councilmember Billings stated that the ordinance of Fridley states that vehicles cannot be parked on streets for more than 24 hours at a time. Mr. Potasek stated that he is aware of that. He will move it from there if you wish. Councilmember Billings asked how he could say it is a city street and then use it like his own personal driveway. Mr. Potasek stated that City staff told him that May 1 is the first time you could park on the street. In the fall, he moves it completely off the street. Councilmember Billings stated that he is not asking him to do anything. He is asking him if he understood the laws. FRIDLEY CITY COUNCIL MEETING OF JULY 22, 2002 PAGE 7 Mr. George Arnold, 6201 Riverview Terrace, stated that plows have come around the corner from the road by his house. The residents have to shovel snow out of there that the City has put in there, or they cannot get through. The City has used trucks, graters, and loaders to push the snow further south off the street. This really affects the residents of 62"d Way. Mayor Lund stated that is not inconsistent with other streets. Councilmember Billings asked if the City plows the whole thing from north to south, or just plows the south half. Mr. Arnold stated that they come from 62"d Street and go up Riverview Terrace. Sometimes they come from the other side and go past Mr. Harris' lawn and past the driveway and the road that goes up into there. Later they come back with a front-end loader or grater and push the snow further south off of the street. Councilmember Billings asked if they plow the whole width of blacktop, not just the south half. Mr. Arnold stated that was correct. Mr. Richard Harris, 6200 Riverview Terrace, asked if the curb work for the upcoming overlay was all done. He asked if all that was left to do on 62"d Way was the overlay. Mr. Haukaas, Public Works Director, stated that all the curb work is done. They may have to do one more piece because of a manhole that is at the end of the driveway. Mr. Harris stated that the manhole has been protruding for 3 years and still has not been fixed. Councilmember Barnette asked if there were plans for this piece in dispute to be blacktopped. Mr. Haukaas stated that there were not. Mr. Harris stated that he is going to pay for a contractor to do it. Mr. Haukaas stated that the City has no plans to do it. Councilmember Billings stated that he suggests that Mr. Harris hold off paving it until this issue is resolved. He asked who plowed the north half of the street. Mr. Harris stated that he and his family do. When he is in Florida, he does not know who does it. The City usually plows the center section of the road to get the school bus through, and then the rest of the area near the curbs are plowed. The plows come to clean the corners. It takes them probably not over 5 minutes. Councilmember Barnette stated that after plowing the snow in that area there would be snow in the driveway. He asked if the residents would have to clean that out themselves. FRIDLEY CITY COUNCIL MEETING OF JULY 22, 2002 PAGE 8 Mr. Potasek stated that if an emergency vehicle tried to get in, they would have e�treme difficulty due to the hill. The snow would have to be removed first. If the City takes a front-end loader in a timely manner and moves it, then it is clear. If the snow is very heavy, they do not try and go through until it has been plowed out. Councilmember Barnette stated that plows build up the snow on his driveway and he has to get out there again and clean it out. Mr. Potasek asked how wide his driveway is. Councilmember Barnette stated that it is about 20 feet. Mr. Potasek stated that this is about a 50-foot radius and much larger than a driveway. It is 88 feet from his driveway and they have to plow 88 feet upstreet to get through the area. Ms. Gibson waits and someone helps her. Councilmember Bolkcom asked Mr. Haukaas if there is an ordinance about which streets are plowed and how they are plowed. Mr. Haukaas stated that there is a snowplow policy approved each fall. It is not an ordinance. It describes how operations are done. Councilmember Bolkcom asked if there was a policy or ordinance on how City streets are maintained. Mr. Haukaas stated that they have a mission statement to do their best to keep them passable and in the best condition they can with the resources they have. There is not a long involved policy regarding street maintenance. We identify by policy what our objectives are, but there is no ordinance. Councilmember Bolkcom stated that staff could provide the Potasek and the Harris families with this policy in a timely manner. She asked what the policy was for street reconstruction. Mr. Haukaas stated that they have taken street condition ratings since 1981 or 1982 in a GIS format and can make an overall rating. The ratings are done every two to three years on every street in the City. There are seven different conditions and from that they get an average rating. They map out where the worst rated streets are and group them based on a project size of 1 to 1.5 miles. Projects are rotated through the wards with a seven-year plan in mind. Ne�t year's project will be in Ward 1. The year before a project is started a neighborhood meeting is held. Public hearings will be held before finalization and they have an idea what the assessments will be. Construction begins the ne�t spring. Councilmember Bolkcom stated that 62"d Way was not in the plans this year. She asked why it went forward. FRIDLEY CITY COUNCIL MEETING OF JULY 22, 2002 PAGE 9 Mr. Haukaas stated that they decided to do it this year because Anoka County is doing a project on East River Road. This will be part of Anoka County's contract and we will be reimbursing them for a portion of the construction cost. Councilmember Bolkcom asked if an informal neighborhood meeting was planned. Mr. Haukaas stated that it was. Councilmember Bolkcom asked if that was when Mr. Harris brought up the question on whether the portion of the road in dispute was going to be done. Mr. Haukaas stated that was correct. Councilmember Bolkcom asked if Anoka County has awarded the contract yet. Mr. Haukaas stated that it is currently up for bids. Councilmember Bolkcom stated that we are looking at sometime in August because East River Road will have to be done first. Mr. Haukaas stated that was correct. Hartman Circle needed work also. The catch basin and utility work has to also be done prior to this project. Asphalt will not go into this area until late August or early September. Councilmember Bolkcom stated that we do not need to know about the disputed area within the ne�t week. Mr. Haukaas stated that was correct. Councilmember Bolkcom stated that in 1969, there was a public hearing and the road was reconstructed. She asked if some of the people present paid any assessments at that time. Mr. Haukaas stated that was correct. Councilmember Bolkcom asked if a street is reconstructed and a portion is no longer going to be part of the street, how it was communicated. Mr. Haukaas stated that the construction plans for the 1969 project identify a City street by the placement of the curb. Their curb was realigned, made less sharp. There were several meetings regarding that. The resolution by the City Council to approve this project as it was presented is what changed the alignment on the street. Councilmember Billings asked when the word "street" was referred to, if they were both referring to the traveled portion of the roadway. FRIDLEY CITY COUNCIL MEETING OF JULY 22, 2002 PAGE 10 Mr. Haukaas stated that it is the improved portion between the concrete curbs. There are different lengths of right-of-way all throughout the city. Councilmember Bolkcom asked what the legal document would be if anyone wanted to know the right-of-way versus the street. Mr. Haukaas stated that the boundary is the property lines. To know for sure you need a survey. Right-of-way widths and street widths can be inferred to as to approximately where they are. Without having a survey, they cannot determine how wide the boulevard is. Councilmember Bolkcom asked what people could review at the City. Mr. Haukaas stated that there are half-section maps and plats for each individual subdivision. They give the legal description or sizes of the parcels. Councilmember Bolkcom asked if surveyors would use the same plat. Mr. Haukaas stated that they would. Councilmember Bolkcom asked Mr. Knaak if the legal document would be the plat. Mr. Knaak, City Attorney, stated that it would. The dedicated easements are held by the City in trust for the purpose of roads. The other property owners own their property subject to that public easement. Councilmember Bolkcom asked if the plat would change if the street is reconstructed. Mr. Haukaas stated that it would not. Councilmember Bolkcom stated that Mr. Potasek mentioned the official street maps. She asked how that compared to the plat. Mr. Haukaas stated that the street map Mr. Potasek brought in was last updated in 1991. There are a lot of inconsistencies in that map and it is no longer used. It is not a street map, but a general representation of the layout of Fridley. Councilmember Bolkcom stated that examples were given in his letter. Mr. Haukaas stated that he has several aerial photographs with the plat overlay, but not all of the ones on that list. He has several examples of the exact situation. Mr. Burns stated that the Woodside Court example is very appropriate in this case. Mr. Haukaas stated that as shown on the aerial photograph, prior to street reconstruction, Mr. Potasek's driveway went to the south. The reconstruction changed the alignment of the curb and made those driveways slightly longer. A portion of the half-section map shows the eastern part FRIDLEY CITY COUNCIL MEETING OF JULY 22, 2002 PAGE 11 of Fridley at Central Avenue with Rice Creek Road through the middle. There is a portion where Arthur Street comes down to Camelot Lane and makes a 90-degree turn. The new house constructed a few years ago with the driveway off the corner along the 1/2 right-of-way that e�tends down to Rice Creek Road that has never been constructed is a platted right-of-way. We only plow the street between the curbs. Councilmember Wolfe stated that it was never a road. Mr. Haukaas stated that was correct. Councilmember Bolkcom stated that the question is whether it is a road now or not. Councilmember Wolfe stated that we do not plow the woods off of Briardale because there is not a road there even though at one time there was supposed to be one. Mr. Haukaas stated that it is the same comparison, anything that was paved by the City or on City property, the right-of-way is street. Our argument is that this is not the case. Councilmember Wolfe stated that this is not the same, because that road came down and curved from the beginning. Mayor Lund asked if it automatically made it a road since there never was any asphalt. Mr. Haukaas stated that Woodside Court is off the cul-de-sac for Rice Creek Drive, and is a platted right-of-way going to the east. This driveway comes into the right-of-way and then down into the cul-de-sac. He maintains the entire stretch, we maintain the cul-de-sac only. Councilmember Bolkcom asked if there was a question about this ever being e�tended and if there were buildable lots. Mr. Haukaas stated that one lot could be split into eight properties and would require that Woodside Court be connected through and utilities e�tended through. Councilmember Wolfe stated that the driveway of the Woodside Court property is thin and the owner has maintained that. If the City ever did build a road there, the driveway would then be 30 feet long at maximum. Now it is about 100. Mr. Haukaas stated that it is a driveway that goes across the City right-of-way. Councilmember Wolfe stated that if they ever split those lots and the City made a road, the road would go through to where that other road comes out at Benjamin. Mr. Haukaas stated that was correct. Councilmember Bolkcom stated that if we put a road straight down 62"d and went out to the river it would be similar. FRIDLEY CITY COUNCIL MEETING OF JULY 22, 2002 PAGE 12 Mr. Haukaas stated that 62"d Way at Riverview Terrace was not originally put in by the City. With the reconstruction in 1969, the portion to the west would have been overlaid to align it with a City street. Councilmember Bolkcom asked if it would be similar to Hickory and Rice Creek Way. Mr. Haukaas stated that is realignment of that intersection. It will make two properties have more boulevard. There will also be new curbs and street. Councilmember Bolkcom asked if it would change the driveways at all. Mr. Haukaas stated that it would not due to the fact that they do not come right out at the corner. Councilmember Bolkcom stated that Chesney Way off East River Road is plowed to the end because snow is stored there. It is not similar to this property because the driveways all come out on the south side of Chesney Way. Mr. Haukaas stated that it is not similar. Councilmember Bolkcom asked about 60th, Benjamin, and 69th east of the railroad tracks, Ely Street, Longfellow, and Liberty. They are all dead end streets where snow is stored. There is no road to curve into another one like 62"d curving into Riverview Terrace. Mr. Haukaas stated that those are standard curbed, dead-end streets that are plowed to the end and piled at the end. Councilmember Wolfe asked if he had any information on Oakley, Ashton or other examples. Mr. Haukaas stated that those are examples of unconstructed right-of-ways with some driveways off of corners or near the corner. He was not sure if a portion of Ashton is plowed. Mr. Burns, City Manager, stated that it was decided that Oakley was a dead-end street. Mr. Haukaas stated that at Pierce and 66th, the corner at Channel Road is a platted half right-of- way with a driveway coming off the corner. Ms. Goodwin may have been referring to this, but the only improved street is Pierce to the corner and 66th. We only plow the improved street. 66tn has a driveway going to the north off the corner of that and we only plow between the curbs on the corner. Councilmember Wolfe stated that there was never a road built to the west near there. Mr. Haukaas stated that there are sanitary lines through that portion. Mr. Potasek stated that many of the examples Mr. Haukaas has shown are nonexistent because they are to be built in the future. Their road was built in 1956. He asked how that compared. FRIDLEY CITY COUNCIL MEETING OF JULY 22, 2002 PAGE 13 Councilmember Wolfe stated that if the road is not there, how can we compare it to what is there? He asked why they would pay assessments on something that now does not exist. Mr. Haukaas stated that in 1969 there was a slightly different policy on assessments and it included side yards. Now we only do front footage. It takes something into account for flag lots. The assessment that went to the Potasek's property would have been considered a side lot assessment. Councilmember Bolkcom stated that construction assessment similar to the triangular lot on Riverview Terrace where there was no front footage but they split the assessment between them. Mr. Haukaas stated that is correct. Councilmember Bolkcom stated that there is nothing in the minutes from 1969 to say that anyone disapproved of the assessments. She asked what was the legal document. Mr. Potasek stated that he does have the official plot maps from the County of Anoka registered by the City of Fridley. These are certified plot maps of 62"d Way, Schultz's Addition, Julianne Addition, and Potasek's Addition. 62"d Way was dedicated by the City of Fridley and has never been changed by the City of Fridley in the records at Anoka County. Councilmember Billings stated that we do not disagree with the fact that there is a 25-foot dedication for roadway purposes. Mr. Potasek stated that is what we are talking about. Councilmember Billings stated that the question we are discussing is that it is not an improved street we should be maintaining. There are locations all around the City with right-of-way land that is set aside for roadway purposes that are currently not being used for roadway purposes. Some of them have driveways, some do not. Councilmember Wolfe asked if this was different because at one time the City of Fridley considered that to be an approved roadway because it was paved. Allegedly there have been sealcoatings and overlays here but they were not only done on the right-of-way for 62"d Way but also done on a portion of the driveway of the property of the owner just north of this right-of-way which is property that is not dedicated as a right-of-way. He cannot figure out why this area was maintained by the City for so many years. We cannot maintain private property. We need to stop doing this. If Council disagrees with staff and agrees with Mr. Potasek that this is an improved travel portion of roadway, then it should be brought up to current standards and plowed like every other street in the City of Fridley. If Council decides it should not be a traveled portion of the roadway, it should be turned over to Mr. and Mrs. Potasek to use as their driveway. A third option is to vacate a portion of this right-of-way so it does become Mr. and Mrs. Potasek's driveway. Councilmember Bolkcom stated that she has not heard anything that has changed her mind. We cannot take any action until we can discuss this with Representative Goodwin. Our City Attorney FRIDLEY CITY COUNCIL MEETING OF JULY 22, 2002 PAGE 14 states that we have made the proper decision. She believes it is the right decision but is willing to listen to more comments and questions. Mr. Knaak stated that if you are going to go beyond the stated time limit for open forum, you need to take affirmative action to e�tend the time for open forum. Councilmember Bolkcom stated that it has not been the policy in the past. Mayor Lund stated that he felt that this is a unique situation and as long as discussion progressed and moved in a civil manner, he allowed it. If we are going to e�tend this past 15 minutes, as we have, there should be a motion to e�tend the open forum. MOTION by Councilmember Bolkcom to e�tend the time of the open forum. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Lund stated that plat records show alignment of a right-of-way, not a street. He said he would like to have an additional meeting, if appropriate, after responding to questions. Councilmember Bolkcom stated that the question she felt that needed to answered was whether or not we had an ordinance or policy regarding this matter. She asked what the ne�t step was. Mayor Lund stated that the proper procedure would be to advertise for a meeting and then have a discussion item on the agenda. Councilmember Bolkcom stated that it would be on the August 12 agenda if there is an action item. Mr. Knaak stated that it would ordinarily be a request for an action item at the ne�t available Council meeting. There is no obligation to respond, and it is under Council's direction. Mr. Potasek stated that with respect to the original June 6 letter sent by Mr. Haukaas, the question would be if the City would rescind that letter. Mayor Lund stated that to rescind the letter goes hand in hand with his request here. Mr. Potasek stated that letter was sent without a Council meeting. Mayor Lund stated that if he wants them to take a formal position on his request, he would deem it appropriate to have it as an item on the ne�t Council meeting agenda. At that time, Council will review a formal request to continue to maintain or not to maintain it. FRIDLEY CITY COUNCIL MEETING OF JULY 22, 2002 PAGE 15 Councilmember Bolkcom stated that staff is directed by Council via the City Manager to send out letters. It would not necessarily need a motion or agenda item to send the original letter out or to send out a letter that confirms or reaffirms. Mr. Potasek stated that portion of the letter to affirm or rescind could be done at a Council meeting. Councilmember Bolkcom stated that she is not sure of Mr. Potasek's original request. Two weeks ago, there was no action item in front of Council and there still is not. Mr. Burns stated that based on testimony heard, Council would have the ability to approve a simple motion at the ne�t meeting regardless of any letter that previously had been written on behalf of the Council stating Council's position on this street issue. Mr. Knaak stated that on behalf of the City, if someone disagrees with something and requests an action item, they are looking for an affirmative act on their part. Council must respond to the request for a decision for a review. It is no longer in the hands of staff. Councilmember Bolkcom stated that there will be an agenda item on August 12. There should not be any separate meetings with part of the Council. Any other information should be shared with all Councilmembers. We could invite Representative Goodwin. Mayor Lund stated that he agrees. Mr. Potasek asked if Representative Goodwin and Representative Bernardy could get together with individuals to discuss this. Councilmember Bolkcom stated that Representative Bernardy feels that it is actually Representative Goodwin's area of representation. Mr. Potasek stated that Representative Goodwin's broken ankle could change that. Councilmember Bolkcom stated that Mr. Burns will contact them. She said that this item will be on August 12 City Council meeting agenda. Mr. Harris asked if he could buy a copy of the videotape. Mr. Burns stated that he could. Councilmember Billings stated that staff made a determination and sent a letter to the property owners. The property owners disagreed with that determination and much discussion has taken place in the last several weeks. The City Council has not taken a position on whether or not this is an approved street or not. That is what we are trying to do is gather the information so we can make a reasonable decision as to whether or not this is an improved roadway. The right-of-way exists for an improved roadway. Council has to make the determination. One of our State FRIDLEY CITY COUNCIL MEETING OF JULY 22, 2002 PAGE 16 Representatives does not understand how our process works and has asked us to make a decision prior to this meeting. We cannot do that. Council has not made a determination Mayor Lund stated that he appreciates everyone's time. 9. INFORMAL STATUS REPORTS: Councilmember Barnette asked if Highway 65 was going to be discussed after the meeting. Mr. Burns, City Manager, asked if it was critical that this was discussed. Mr. Haukaas, Public Works Director, stated that it is not critical to be discussed at this time. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE JULY 22, 2002, CITY COUNCIL MEETING ADJOURNED AT 9:43 P.M. Respectfully submitted, Signe L. Johnson Scott Lund Recording Secretary Mayor