06/11/2007 - 00029102CITY COUNCIL MEETING
CITY OF FRIDLEY
JUNE 11, 2007
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:32 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Lund led Council and the audience in the Pledge of Allegiance to the flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
Jon Haukaas, Public Works Director
Richard Pribyl, Finance Director/Treasurer
Jack Kirk, Director of Parks and Recreation
VALUES FIRST COMMUNITY RECOGNITION YOUTH AWARD:
The award was presented to Noah Craft.
PROCLAMATION:
Stand for Children Day — June 16, 2007.
STATE LEGISLATIVE UPDATE:
Senator pon Betzold stated this year's session was a budget year which meant they had to set
the State's budget for the ne�t two years, starting on July 1, 2007, and ending on June 30, 2009.
They came in with a projected budget surplus. He said they passed a lot of good bills this year.
They renewed the energy standards and the electronic waste, recycling, and scrap metal
regulations. They also passed a state-wide smoking ban applying to bars, restaurants, and
workplaces which will go into effect on August 1. They repealed the ticket scalping laws. They
passed an E12 bill that put some money back into the Early Childhood Development Program.
They put a 2 percent increase in K-12 for this year and 1 percent in ne�t year. They freed up
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 2
some funds that are currently being spent on special education so that they can now be used for
the purposes of the schools.
Senator Betzold stated the major transportation bill was vetoed, so they only passed a bare-
bones transportation bill. The wine in grocery stores bill did not pass. Nothing was passed on
election laws. Mandatory seatbelts did not pass. The photo cop, where pictures can be taken of
cars going through red lights, did not pass. Medical marijuana did not pass. Nothing was passed
on stadiums. There was a tax bill that was vetoed that would have included $96,000 in LGA for
Fridley. They did pass a transportation bill that raised the gas tax by about a nickel and
ultimately that was vetoed. There was a constitutional amendment to dedicate funding of private
sales tax for arts and the environment. Both bodies passed the bill, the conference committee
report was agreed upon, and it just was not passed by the end of the session on the last night.
Any bills that did not get acted upon this year carry over into ne�t year's session.
Representative Carolyn Laine stated there were a lot of disappointments by the end of the
session. She stated she was on two education committees for education policy and Early
Childhood. She is very glad they could return to the pre-2003 funding levels for Head Start,
ECFE, and school readiness.
Representative Tom Tillberry stated a bill he carried which was signed by the Governor was
an airbag bill. Pursuant to State law airbags will have to be put back into vehicles after a
collision. There will be a penalty involved if people do not do that.
Representative Laine said the $2 million requested to renew the Springbrook area did not make
it. She said they are committed to this, and it will get in ne�t year's bonding bill. With respect
to the Northstar station, they needed to have the tax bill go in order for Fridley to get the TIF
district and fund the tunnel. Hopefully that will happen one way or another, because it is her
understanding is that if $1.5 million found by November 1, there will not be a Northstar station.
Senator Satveer Chaudhary stated for the first time he chaired a committee. He thinks the two
preeminent issues facing the State of Minnesota--property taxes and healthcare--were not
addressed this year. He said they did pass a large amount of funding for schools for special
education. He said he was appointed chair of the Senate's Environment Policy Committee. He
said they had a hearing on global warming and its impact. They accomplished items such as
establishing renewable energy standards which is the most aggressive renewable energy standard
in the country. It requires that 25 percent of our energy come from renewable sources by the
year 2025. They passed a global warming mitigation act that sets goals for reducing global
warming. They addressed issues regarding the loss of Minnesota's wetlands. They initiated
increased improvements in standards regarding our shorelines. They addressed a controversial
issue regarding all-terrain vehicles and the use of those vehicles in our forests.
Senator Chaudhary stated both the House and the Senate came to an agreement on the
presentation to the voting public of a measure to dedicate in the State's constitution a portion of
the sales tax to the environment which would be the most historic investment that Minnesota has
ever made in its natural resources. The constitutional amendment has been promised by both the
House and Senate leadership to be the first thing that they pass off the floor in 2008 so it will be
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 3
on the ballot in November 2008. In terms of temporary environment protection, they put over
$50 million into continuing the enactment of the Clean Water Legacy Act which means we will
continue to have funding to assess and provide redress to impaired waters in Minnesota, 40
percent of which are unswimmable and unfishable.
Mayor Lund said he was disappointed they did not get an increase in the City's LGA. He asked
if there would be a special session.
Senator Betzold replied only the Governor can call a special session, and the Governor said that
he wants a short special session. If there was to be one, it could be done in a few hours, but there
would have to be prior agreement from the caucus leaders to do that and what the agenda is
going to be, etc. He personally does not think there is going to be one.
Representative Knuth stated she is of the opinion a special session is worth it if it moves the
State forward in a substantial way.
Representative Laine stated the public needs to let the Governor know that they need a special
session.
Representative Tillberry stated he thought it would be nice to get those two bills in.
Representative Chaudhary stated there is talk of a special session, but he does not think there
would be a special session unless there was a prior agreement on exactly what is going to
happen.
Councilmember Barnette stated it certainly would be to Fridley's benefit to have it happen.
Councilmember Bolkcom stated she has a big concern about funding for the Northstar rail
station. She said her concern was how much time and effort and money should the City put into
this station.
Representative Laine replied she does not think Governor Pawlenty is opposed to TIF for
Fridley or the Northstar station here. She thinks he vetoed the entire tax bill because of the
inflationary disagreement. If the City can find a way to do that tunnel, she said they should do it,
and they can be fairly assured they can get that TIF again ne� year.
Councilmember Barnette commented if you read in the paper about all the other light rail
commuter rail systems out there talking about doing something, his feeling is if they do not get it
this time, they are going to lose it. He said this is absolutely essential.
Senator Betzold stated because of the changes in federal funding, a number of cuts were made
to the Northstar line. It was supposed to St. Cloud. Now it only goes to Big Lake. A number of
stations were eliminated. If the Fridley station goes, there will be no station between downtown
Minneapolis and Coon Rapids. They need a station in Fridley. The ne�t legislative session starts
on February 12, 2008.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 4
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of May 21, 2007.
APPROVED.
NEW BUSINESS:
1. Approve Change Order No. 1 to 2007 Street Improvement Project No. ST. 2007-1.
Williams Burns, City Manager, stated rather than install a poured concrete retaining wall and
steps, Public Works is proposing to grade the area behind the backstops at Ball Fields 1 and 2 to
the same level as the playing field. Also, rather than install concrete walk areas and concrete
pads for the bleachers with the street improvement contractor, they will use our miscellaneous
concrete contractor for this work at a cost of $10,000. The work that will replace the concrete
retaining wall and steps as listed on page 2 of tonight's agenda. The cost for this work is
$27,238. When subtracted from the contract price of $50,000 for the concrete retaining wall and
steps, it will leave us with a savings on the street contract of $22,762. With this deletion, the
revised contract amount for the street improvement contract with Forest Lake Contracting, Inc.
will be $2,406,300.50. After the work by the miscellaneous concrete contractor has been
completed, we will realize a savings on the ball field work of $12,762. Staff recommends
Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
2. Approve Easement Agreement Between THE City of Fridley and CenterPoint
Energy Resources Corporation.
William Burns, City Manager, stated CenterPoint Energy, through their contractor, ProSource,
is requesting the City agree to both permanent and temporary easements in three parks. The
easements are needed for the installation of a 20" gas main that will run from a point in Andover
through Fridley to Xcel Energy's Riverside Power Plant in Minneapolis. The pipeline will
follow the east side of the BNSF railroad tracks until a point just south of Rice Creek where it
will e�tend beneath the tracks and down the west side of the tracks. At a point near the former
Longview Fiber building, it will be e�tended under East River Road and down the west side of
East River Road to Minneapolis. The temporary work easements are needed for property at the
Springbrook Nature Center, Community Park, and Plaza Park Permanent easements are needed
through much of Plaza Park where the pipeline will be constructed through the west side of the
park and under Rice Creek In exchange for the easements, CenterPoint will be compensating
the City. The revised total payment to the City for all of the easements is $27,944. Directional
drilling for the project will take place in four Fridley locations beginning in July. CenterPoint
has contacted residents and businesses impacted by the directional drilling. Staff recommends
Council's approval.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 5
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
3. Resolution No. 2007-29 Supporting the Improvements to Springbrook Nature
Center Associated with the SPRING (Sanctuary Protection & Renewal into the Next
Generation) Project and Supporting the Request to the State of Minnesota for
Financial Assistance.
William Burns, City Manager, stated while the City has come close to having funding for
Springbrook Nature Center in the State's bonding bills over the last two legislative sessions, we
have yet to succeed in getting the funding. At the same time, we are being encouraged by our
legislative delegation to try again for funding in the 2008 bonding bill. The resolution before
you requests Council's authorization to seek $2,815,000 in 2008 for Springbrook Nature Center
improvements. Other than the change in dollar value of the grant to accommodate inflation,
nothing is different from the language used in the original resolution approved in 2005. This
includes the understanding that the Springbrook Nature Center Foundation will raise the
$2,815,000 needed to match the State grant. It also includes the understanding that additional
operating costs for the Nature Center that may be created by the improvements will be borne
from additional program revenues and funds provided by the Foundation. Staff recommends
Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
3A. Resolution No. 2007-30 to Convey and Quitclaim to the Housing and
Redevelopment Authority Any and All Interests in Lot 7, Block 1, Gateway West
Second Addition.
William Burns, City Manager, said there was some sort of an oversight when they were platting
the southern part of the Gateway West property. They missed a small piece of property the City
still currently owns. It is about 350 square feet in area. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2007-30.
4. Claims (131899-132182).
APPROVED.
5. Licenses.
ADOPTED THE LICENSES AS SUBMITTED AND AS ON FILE.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 6
6. Estimates.
APPROVED THE FOLLOWING ESTIMATE:
Forest Lake Contracting
14777 Lake Drive
Forest Lake, MN 55025
2007 Street Improvement Project No. ST. 2007 — 1
Estimate No. 2 .............................................................................. $ 197,146.00
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Bolkcom asked that Item Nos. 1 and 2 be removed.
Councilmember Barnette asked that Item No. 3 be removed.
MOTION by Councilmember Barnette to approve the consent agenda as presented with the
removal of Items 1, 2, and 3 and the addition of Item 3A. Seconded by Councilmember
Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to approve the agenda with the addition of Items 1, 2
and 3 from the consent agenda. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM:
Vince Meyer, 8380 Spring Lake Road, Mounds View, stated he was there regarding a pigeon
ordinance.
Mayor Lund commented this issue was before them just recently.
Mr. Meyer stated right now the City does not have an ordinance pertaining to pigeons. He
contacted the legal department for the American Raising Pigeons Union and they put together an
ordinance which he is asking the City Council to review. He presented the ordinance to the
Council.
Mayor Lund stated the Council can look at the handout and will respond by letter. He asked
where the letter should be sent.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 7
Amy Cheng stated the address is 1632 Rice Creek Road. She asked why they had to pay the
$35 fee.
Mayor Lund said that is a typical license fee the City charges anybody under the livestock
ordinance. The gentleman who just spoke said that pigeons are not a part of livestock They will
review it and respond. He believed they paid it last year.
Ms. Cheng stated they did and just found out that there should be no fee.
Mayor Lund stated regarding the fee they will respond to that also.
Jim Keewell, 1631 Rice Creek Road, said he lives across the street and feels they should let Ms.
Cheng have her birds.
OLD BUSINESS:
7. Second Reading of an Ordinance Amending Chapters 602, 603, and 606 of the
Fridley City Code Creating a Patio Endorsement for Licensed On-Sale Liquor
Establishments.
MOTION by Councilmember Bolkcom to remove from this item from the table. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Richard D. Pribyl, Finance Director/Treasurer, stated the first reading of the ordinance occurred
on March 26, 2006. The City received several requests last year in regard to creating patios as an
e�tension of their dining areas. Staff reviewed other cities' ordinances and incorporated some of
the elements from them. Some of the items that were discussed in the first reading were the
closing times of the patios and the use of speakers for music or television. At the first reading,
Council asked staff to survey similar cities to determine the regulations in relation to sound and
hours. Staff requested surveys of 13 metro area communities and 7 responded. They found only
4 had special legislation related to these patios. At the time of the first reading, the State
legislature was involved in the secondhand smoke issue which could impact restaurants and
patios within this new legislation. The new legislation was adopted by the legislature on
May 11, 2007, and did not address outdoor air.
Mr. Pribyl said the changes made between the first and second reading are: The patio shall not
be enclosed so as to not comply with the indoor air act as defined by State law. If part of the
parking lot is used to install an outdoor patio, it must share a common wall with the licensed
premise, and still meet all of the parking requirements. Patios adjacent to the parking area will
have barriers installed as defined by the Minnesota Building Code to reduce the likelihood of a
vehicle being able to enter into the patio area. Music, sound, or noise within the patio shall
comply with the provisions and requirements of Chapter 124 of the City Code at all times.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 8
Mr. Pribyl stated one of the key areas was hours of patio operation. The second reading
actually incorporates 10 a.m. to 10 p.m., Sunday through Thursday and 10 a.m. to 2 a.m., Friday
and Saturday, unless the closest point of the patio is within 100 feet of the residential zoning
district. If so, than the hours are 10 a.m. to 10 p.m. at all times. Also, holidays, as defined by the
ordinance, would allow for hours from 10 a.m. to 2 a.m. with the same restrictions. The
ordinance was mailed to the license holders. There are a number present in the audience. Staff
recommends holding the second reading of this ordinance.
Councilmember Bolkcom asked about the Metropolitan Council SAC units for outside seating..
Mr. Pribyl replied they did not change that between the first and second reading. That is still
incorporated into the ordinance.
Councilmember Bolkcom asked whether everyone would be able to have their patio open until
2 a.m. even if they do not have a 2 a.m. license.
Mr. Pribyl replied only those who have a 2 a.m. license would be allowed for that time frame.
Councilmember Bolkcom asked if it actually says that.
Mr. Pribyl said it did not, but they would have to have the endorsement to be open until2 a.m.
Councilmember Bolkcom asked if she was reading this would she know that.
Mr. Pribyl replied, it does not indicate that.
Councilmember Bolkcom asked if it should say that because even if someone could not serve
alcohol, if they are open, could they sit until there until2 a.m.
Mr. Pribyl replied as long as liquor is not being served out there. So the patio could be open but
this actually applies to the sale of liquor on the patio.
Councilmember Bolkcom said she thought it leaves it up to interpretation.
Mr. Pribyl replied he could incorporate that.
Councilmember Bolkcom asked about the 100 feet requirement and who it would affect.
Mr. Pribyl replied they had GIS staff plot the 100-foot distances. He thought the City only has
two license holders who have any incursion or proximity within 100 feet to residential areas.
Debra Skogen, City Clerk, replied for the 100 feet incursion, they would be looking at AMF
Bowling Centers if they were to have a patio. Also, Broadway is very close but the distance
between their patio and the Springbrook Apartments is more than 100 feet. The Knights of
Columbus Hall would be included, but they do not have a 2 a.m. license. There are only about
three or four establishments in the City that are open until2 a.m.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 9
Councilmember Bolkcom stated if they are within 100 feet, they are limited to 10 a.m. to 10
p.m. She asked about live entertainment and music and if they could have a live band on the
patio as long as they complied with the requirements of the Code. She asked if they could have a
television on the patio.
Scott Hickok, Community Development Director, replied it does say there shall be no live
entertainment and what was added was that music, sound, or noise in the patio enclosure shall
comply with the provisions of Chapter 124 of the Fridley Code at all times. It cannot be a
distraction or nuisance to others. The Police Department does have authority to shut it down at
that point.
Don Abbott, Public Safety Director, stated it is that same part of the noise ordinance that covers
noisy parties or noisy gatherings.
Councilmember Varichak asked why they wanted to put stipulations on hours for certain days.
Ms. Skogen pursuant to the discussion at the first reading, it was changed to 10 a.m. to 2 a.m. on
Friday and Saturday.
Councilmember Bolkcom stated she thought with the proximity to residential areas, she thought
this would be a nice compromise. She asked if they could have alcohol out there and just not
serve it.
Ms. Skogen stated it says it shall not be served.
Councilmember Bolkcom stated it says sale or consumption right now.
Councilmember Varichak stated she thought if they start putting stipulations, when all the
other establishments in the surrounding areas are 2:00 a.m., people will go elsewhere. During
the week, how are people going to know exactly what the time is? She is not in favor of it.
Mayor Lund agreed and said discussion was needed.
Councilmember Barnette asked how many liquor establishments had patios.
Ms. Skogen replied currently Fridley Crab House and Broadway Pizza are the only two with
patios. They have had discussions with Pickle Park, Chris and Rob's, and Shortstop. In addition,
the American Legion is looking for a place.
Mayor Lund stated he agrees somewhat that this is a good compromise. He is leaning more
with allowing liquor to be served 2:00 a.m. the whole time. If it becomes problematic, they can
restrict it. He said he would rather have the industries monitor and regulate themselves and use
government to regulate when they fail.
Councilmember Bolkcom stated one issue she has is she has a friend near a place in
Minneapolis and since they went to no smoking, she is planning on selling her property, for the
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 10
plain and simple reason the noise goes outside. It is not real close but they cannot live there
anymore because there are people outside making noise. She said she was more on the cautious
side.
Councilmember Saefke stated he agrees with Mayor Lund that the business owners should be
able to maintain their own business. If it does get too noisy, they should be able to police
themselves. They can always get more restrictive. Most of them are far enough away from
residential areas to not create a major problem.
Mayor Lund said if he receives a complaint from one resident, he will let the operation know
and they will have to take care of right away.
Councilmember Barnette stated the 100 foot restriction is very strict. Maybe they should take
away that requirement, to make it fair to the American Legion, the Knights of Columbus, and
ANg'.
Michael Schrauth, Broadway Pizza, said they have been serving liquor on the patio for three
and one-half years during the hours they have been open. To his knowledge they have not had
any noise complaints. He appreciates their confidence in allowing them to continue to take care
of their operations in accordance with the law. He would like to continue what he has been
doing.
Councilmember Barnette asked if he had any type of entertainment on his patio.
Mr. Schrauth said he did not.
Madeline Saltness, American Legion, stated she has been at the Legion for 38 years. They have
no problems with their neighbors or with the Police Department. As far as the hours, she thinks it
is really fair if they let them go by the hours that they have. They close at 1:00 a.m.
Mayor Lund asked if they had a patio.
Ms. Saltness said they did not, but would like to put one in.
Don Lechy, Architect for American Legion, said they had an idea of where they were going to
place the patio.
Mayor Lund said their property abuts a residential property.
Mr. Lechy stated on the Old Central Avenue side, it is adjacent to what appears to be a
residential piece of property but he actually thinks it is commercial.
Mr. Hickok replied the Saba property is zoned commercial.
Mr. Lechy stated, therefore, where they are setting up the patio it is legal on both sides.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 11
Mayor Lund stated he would have to bring in some kind of drawings with measurements.
Mr. Lechy stated they are not increasing any fixture units. S.A.C. is based on the number of
fi�ture units.
Mr. Hickok replied it is based on seating and patio area.
Mayor Lund stated so even if there are chairs or tables on the patio area, is there a S.A.C. fee?
Mr. Hickok replied currently the language is based on every 7 person seating area in a patio or
dining location.
Greg Asproth, Two Stooges Sports Bar and Grill, asked if that would raise the occupancy of the
building.
Mr. Hickok replied he thought that would be a good question for the Fire Marshall.
Mr. Asproth stated that having the varied times for having a patio would be limiting. He would
like it to be the same hours they are open.
Tom Tomaro, Pickle Park, said he agrees with his colleagues regarding the hours of operation.
He is not affected by the distance to a residential area. He said the survey that was sent out by
Ms. Skogen was very well done. The smoking bans have literally put people out of business so
for them it is very competitive. For his business, specifically, they would really like the chance
to show they can police themselves and be competitive. He does not think it is going to create a
mass of people who want to be out there after 10 p.m. during the week.
Mayor Lund asked Chief Abbott if they have had many calls to the places serving alcohol on
the patio.
Don Abbott, Public Safety Director, said he was not aware of any noise complaints. The deck at
Broadway is on the south side of the building and the building itself acts somewhat as a screen.
He said he is more interested in the hours because of the noise issue. If it were to become an
issue with enforcement of noise, they would be asking officers to basically, by themselves,
determine the loudness and what action to take. The issue of bringing out a sound meter and
taking readings is very problematic, they are not really experts. Expanding the restaurant to the
patio does expand the overall customer count of an alcoholic establishment and that could make
a difference in a police report. Also, the noise complaints would be coming in at the time of day
when the officers tend to be busiest with other calls.
Councilmember Bolkcom said she would rather start out slow. She would rather start out slow.
It is hard to take something away that is already there. It is nothing against any of the
establishments as she is sure they are well run, but she also does not want to put an additional
impact on the Police Department.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 12
Councilmember Barnette said he disagrees. He thinks it is fair to allow the patio during
normal business hours.
MOTION by Mayor Lund to waive the reading of the ordinance and adopt Ordinance 1242 on
second reading and adopt the official title and summary ordinance. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE,
COUNCILMEMBER SAFEKE AND COUNCILMEMBER VARICHAK VOTING AYE
AND COUNCILMEMBER BOLKCOM VOTING NAY, THE MOTION CARRIED ON A
4 TO 1 VOTE.
MOTION by Mayor Lund to amend sections of the ordinance to read as follows:
602.14(2)(K�. The sale and consumption of 3.2% malt liquor within the patio is
limited to the normal business hours. No licensee, nor the employee, nor agent of any
license will serve, dispense, possess, display, or in any manner furnish 3.2% malt liquor
at any other time.
603.25(2)(K�. The sale and consumption of intoxicating liquor within the patio is
limited to the normal business hours. No licensee, nor the employee, nor agent of any
license will serve, dispense, possess, display, or in any manner furnish intoxicating liquor
at any other time.
606.12(2)(K� The sale and consumption of intoxicating liquor within the patio is
limited to the normal business hours. No licensee, nor the employee, nor agent of any
license will serve, dispense, possess, display, or in any manner furnish intoxicating liquor
at any other time.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE,
COUNCILMEMBER SAEFKE AND COUNCILMEMBER VARICHAK VOTING AYE
AND COUNCILMEMBER BOLKCOM VOTING NAY, THE MOTION CARRIED ON A
4 TO 1 VOTE.
8. Second Reading of an Ordinance to Amend the City Code of the City of Fridley,
Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA
#07-01, by Sam's Auto Parts, Generally Located at 7340 Central Avenue N.E.)
(Ward 2).
Scott Hickok, Community Development Director, stated he would present both Items 8 and 9
together. Barry Hoosline of Sam's Auto Parts has requested a rezoning of the property at the
corner of Old Central and 73rd to match the other three parcels so they would all become M-1
Industrial. Mr. Hoosline also requested a special use permit to allow his automobile recycling
business to continue. On April 18, the Planning Commission held a public hearing to review
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 13
both the rezoning and the special use requests. Mr. Hoosline's legal counsel spoke. No
members of the public were present to speak on the issue. The Planning Commission closed
their hearing and recommended approval by a 4 to 3 vote.
Mr. Hickok stated on May 7, the City Council held its public hearing regarding their rezoning
request. No separate Council special use permit public hearing is required. Council approved
first reading of the rezoning unanimously at that meeting. If Council approves the second
reading of the ordinance, the property would be eligible for a special use permit. A special use
permit is required for a junkyard or automobile recycling center to exist in an M-1, Light
Industrial District. Staff recommended denial of Rezoning Request, ZOA #07-01 for a number
of reasons:
1. The proposed rezoning is not consistent with the Comprehensive Plan which is
designated as redevelopment district.
2. The proposed rezoning would negatively impact the residential properties across
Central Avenue.
3. Sam's double frontage parcel does not allow adequate screening of an outdoor
intensive industrial use. They may also recall staff recommended denial of Special
Use Permit, SP #07-1, at the Planning Commission meeting because the proposed
site plan does not meet code-required curbing, paving, and building setbacks in any
of the four parcels that are involved.
4. The proposed plan does not include plans to remove all substandard buildings on the
site.
5. The proposed site plan does not include plans to remove fence height or setback
nonconformities.
Mr. Hickok stated if Council elects to approve the special use permit, staff recommends
approval being made contingent on the 18 stipulations. The 18th stipulation was recommended to
staff. The corner parcel had been a gas station at one time and Council had asked the question
about whether the tanks had been removed. The Fire Marshall did some research and found
there is no documentation saying those tanks had been removed.
Mr. Hickok stated staff also recommends that by October 1, 2007, the petitioner shall redesign
the site plan according to Code and obtain approval by staff. The plan must include a reduced
screening fence height or they must apply for a variance by that date. By May 1, 2008, the
petitioner shall have an approved grading and drainage plan by the Rice Creek Watershed
District. By May 1, 2009, the petitioner shall have all soil testing completed to discover
contamination. They shall have contamination mitigated and all of the non-conforming
buildings removed from the site. By October 15, 2009, the petitioner shall have completed all
storm water ponding improvements as required. By July 1, 2010, the petitioner shall complete
all curbing and paving according to the approved site plan. By June 1, 2011, all of the
stipulations, including installation of landscaping according to an approved landscape plan yet to
be approved by City staff shall be completed.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 14
Mr. Hickok stated if Council does not approve a rezoning and special use permit, there should
be some schedule for discontinuance of the operation. All of the following items would be
within one year:
1. The petitioner shall remove all business signage.
2. Remove all full or partial automobiles as well as parts outside the building.
3. Remove all automotive fluids and hazardous materials from the premises.
4. Remove and sweep all soil from paved surfaces at each entrance to the site.
5. Remove all fence sections and posts.
6. Remove any buildings which do not meet State Building Code requirements.
7. Remove all equipment and racking.
8. Remove all of the material and litter in the public right-of-way and around the site.
9. All disturbed soil must be graded and landscaped to assure soil is stabilized to resist wind
and water erosion.
Councilmember Varichak asked if the 18th stipulation should be added.
Mr. Hickok replied yes.
Councilmember Bolkcom asked if petitioner or his attorney were aware of the timeline.
Mr. Hickok replied, yes.
Councilmember Bolkcom asked what timeline Stipulation No. 18 would fall into.
Mr. Hickok replied it would fall within the four-year timeframe, by the end of 2011. Some of
that mitigation might take them some time. There might be some monitoring after. He thought
four years would be reasonable.
Attorney for Petitioner stated this was presented before. They are aware of it. They said they
would do everything and comply with it. The only thing he sees in here is it requires them to
obtain the approval of another governmental agency by a certain date. They will certainly make
the application, but they have no control over their timeframe.
Councilmember Bolkcom asked if he was aware of Stipulation No. 18.
Attorney for Petitioner stated they became aware of that tonight. His client advises him there
are no tanks there, but they will have to engage a reputable company to do that investigation.
MOTION by Councilmember Varichak to waive the reading of the ordinance and adopt
Ordinance No. 1243 on second reading with the following 18 stipulations:
Property owner conduct soil testing and provide City and other applicable government
authorities proof of clean soils prior to installation of any new impervious surface on any
of the parcels involved in the approved application.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 15
2. Once Petitioner owns all of the property used for his business, owner shall file necessary
documents with Anoka County to combine the parcels for tax purposes.
3. The single family home and the garage structures, which do not meet setback
requirements, on the 7340 Central Avenue parcel be removed and other accessory
buildings and fencing on the 1240 73 '/z Avenue parcel be removed according to the
petitioner's June 26, 2006 preliminary grading plan.
4. Petitioner to obtain approval of grading and drainage plan from the watershed district.
5. Petitioner to obtain any necessary approvals to operate an auto recycling center from the
appropriate governmental authorities.
6. Petitioner to obtain all necessary permits prior to construction or demolition.
7. Site Plan needs to be adjusted to provide code required curbing/paving installation
setbacks.
8. Petitioner to meet all building and fire code requirements.
9. City Engineering staff to review and approve final grading and drainage plan prior to
issuance of permits.
10. Storm pond maintenance agreement must be filed prior to issuance of land alteration
permit.
11. Petitioner shall obtain any required NPDES Permit and provide N URP ponding for entire
site.
12. Final landscape plan to be reviewed and approved by City Staff prior to issuance of land
alteration permit.
13. Provide proof that any existing wells or individual sewage treatment systems located on
the site are properly capped or removed.
14. Property owner of record at time of land alteration to correct any deficiencies in the water
and sewer connections to the buildings on site.
15. Secondary access curb cuts and gates in fence on Lot 16 and 17 on 73 '/z Avenue must be
removed as part of redesigned site plan.
16. Any business signs that are not approved currently by a sign permit must be removed
from the site until a permit is obtained.
17. Petitioner to reduce screening fence height to 8' or obtain variance.
18. Petitioner to provide proof that any unused underground storage tanks have been properly
removed or conduct a tank search and abatement if any tanks are found.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
9. Special Use Permit Request, SP #07-01, by Barry Hoosline for Sam's Auto Parts, to
Allow an Auto Recycling Center in an M-1, Light Industrial Zoning District,
Generally Located at 7340 Central Avenue (Tabled May 7, 2007) (Ward 2).
MOTION by Councilmember Varichak to remove this item from the table. Seconded by
Councilmember Bolkcom.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 16
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Varichak to Approve Special Use Permit Request, SP #07-01, by
Barry Hoosline for Sam's Auto Parts. Seconded by Councilmember Bolkcom.
Councilmember Saefke said he did not think it was the intent of the previous Council in 1975 to
create an automobile recycling business there. He is not anti-business. Mr. Hoosline has been
there for 17 years. Therefore, he will vote in favor of this although he is not necessarily in favor
of having salvage yards in the City of Fridley. He just wanted to be on the record.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
10. First Reading of an Ordinance of the City of Fridley Amending Chapter 7 of the
Fridley City Charter (Section 7.02 of the Fridley City Charter Pertaining to Utility
Rates).
Richard Pribyl, Finance Director, stated as they discussed in the public hearing, this is the first
reading of the proposed Charter amendment. The result of the amendment would be to remove
water, sanitary sewer, and storm water rates on the annual increase limitation within the City
Charter. In 2000, a successful initiative petition placed a question on the November 2000 ballot
adding restrictive language to the Charter regarding increases to property taxes and fees. The
restriction has imposed significant financial harm among the water, sanitary sewer, and storm
water funds. This proposed change to the City Charter would remove the restriction related to the
utility charges and allow the City to charge sufficient revenues to recapture it costs. Since the
year 2000 the City has lost $1,251,275 with budgeted loss of approximately $623,246 for 2007.
At this point, a loss of $735,486 is what they have budgeted for 2008. The water fund currently
has deferred the maintenance on its Highway 65 water tower due to a cash crisis in this fund. If
the City were to use the needed $1.1 million to refurbish the tower, there would be no money left
for day-to-day operations. The City has been historically amongst the lowest in the metro in
relation to its water and sewer rates. The most current survey taken by the engineering firm of
AES finds Fridley the second to the lowest city out of 41 communities who actually responded to
their survey in relation to the monthly water costs.
Mr. Pribyl stated the City has reviewed its options under the current Charter limitations and
finds no way of modifying the current rates or structure without removing the limitation as it
relates to the utility fees. In an attempt to assign the water system costs to those users who create
the costs, the current restriction does not allow for the rate to be modified to assign those costs.
Because of the mounting losses and damage this is causing to the City's financial outlook, they
feel it is necessary to remove the restriction from the Charter related to the utility charges. The
public hearing for this change was held on May 21, 2007. Staff is recommending approval of the
first reading.
Mayor Lund stated a petition may be started. He hopes that it does not occur. He is open to
other suggestions. They need to make some changes in order to get back on track.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 17
Councilmember Bolkcom stated even to get to the part of doing a different fee structure or
whatever it might be, they still need to amend the ordinance. She thinks it is malfeasance on
their part as City council members to allow themselves and the budget and funds to go in the
hole. She suggests someone sue them if this ordinance does not pass.
Councilmember Barnette stated he is in full agreement with all this. He just received his water
bill and the vast majority of it was for sanitary sewer. They have no control at what the sewer
board sets rates. He believes they have an obligation to do the right thing. He thinks they are
going about it the right way. The City needs to pay its bills. If we do not have the money to do
it, they have to go out and borrow it which is not good business.
Mayor Lund said if the petition is successful, it will cost the City and taxpayers between
$15,000 to $20,000 for this item to be put on the ballot this fall. This is a pretty basic
government service.
Councilmember Bolkcom commented on how we are not fixing one of our water towers. If
they continue to have deferred maintenance at what point does it become an issue?
Mayor Lund said he still remains open to trying to resolve the problem.
Councilmember Saefke stated he worked in the Water Department for many years. He is fully
well aware of the costs to run the operation. It is an enterprise fund. He asked if the liquor
stores were an enterprise fund.
Mr. Pribyl said they were.
Councilmember Saefke said if for instance Rick buys wine to sell at the liquor store, and he
pays $5 a bottle for it from the wholesaler and sells it for $4.50, there is no profit He is not
breaking even. That liquor store is going to go under. That is what we have been doing in the
water fund. We have been selling the water and taking care of the sewage for less than it costs
us to do it, and that is no way to run any portion of the City, much less than an enterprise fund.
He hopes the people signing any petition fully understand what they are doing because
eventually we will have zero. Right now the liquor enterprise fund is chipping in a half million
dollars a year to the general fund. Whereas the City's utility funds are dragging the City down,
and the City cannot borrow the money because we do not have any collateral. They could
borrow the money at an exorbitant interest rate, but then they are just going to pass the problem
on to future generations.
Councilmember Varichak stated she agreed with everyone that they need to do something. She
thinks they need to make a change in the wording and once the wording is changed, they could
have meetings with other people in the community to revise the plans and figure out the best way
to proceed. They do need to make the change, get back on track, and make it right for the City of
Fridley.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 18
MOTION by Councilmember Bolkcom to waive the reading of ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
11. Resolution Ordering Final Plans and Specifications of the Costs Thereof: Mill and
Overlay Project No. ST. 2007-2.
Jon Haukaas, Public Works Director, stated this is the ne�t step in creating the mill and overlay
project. They are looking at 61st Avenue and Seventh Street this year. A public hearing was
held May 21, 2007. Concerns were raised by both Council and members of the public regarding
whether it was necessary for parts of Seventh Street to be reconstructed. They still feel that it is
the right time to do it as part of a larger project. However, as a result of those discussions and
Council concerns, they are bringing back to them a resolution ordering final plans for a reduced
project. The limits of that would be 61st Avenue, from University Avenue to Seventh Street and
Seventh Street from 53rd Avenue north only to Medtronic Parkway. A couple of issues with this
are the proposed assessments that were presented at the public hearing worked out to just over
$1,000 per residential property. This reduction in a project, if they stayed with the policy, those
residential assessments would increase significantly. He does not know if they necessarily want
to do that. The non-assessable portions are generally spread out throughout a project so we have
some economy of scale. This reduced project is going to change that. If they continue this way,
they are already making a change to the assessment policy. So over the last several years they
have shown them what it costs for residential assessment on a standard project. Although the
specific assessments are not part of the decision tonight, the decision tonight is the resolution
ordering the final plans and to move forward with it.
Mr. Haukaas stated he believes the assessment last year was just under $900. This year's
assessment is just over $1,000. Over the last seven years, the cost of asphalt has increased on
average 7 percent. They are going to continue to see an increase in the cost for asphalt. He
would recommend that when these are approved this fall at the public hearing after the project,
he would suggest setting a residential assessment at $1,000 and from there increase it 5 percent
per year. It will make things easier to calculate and make it easier for people to know what is
coming up. The assessment policy as it was presented will still apply to commercial and
industrial properties and any other reconstruction projects other than mill and overlay projects.
Mr. Haukaas stated with respect to this project, they would also mill the approaches to the stop
signs at 53rd, 59th, and 61st Avenues because those are some problem areas. He would
recommend deleting his name from Paragraph 4 of the resolution. He said they will bring the
actual plans and specifications for approval at the ne�t meeting.
Councilmember Saefke said with respect to the section of Seventh Street that is not being
milled and overlaid, what is the estimate on its valuable life.
Mr. Haukaas replied as with all of the City's streets, they are continually deteriorating. It does
have a very high level of traffic. There are other MSAS routes in Fridley that are worse.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 19
However, there are mitigating circumstances such as proposed construction coming up and they
do not want to do mill and overlay and then have somebody on it and build adjacent to it and ruin
the work, so they would rather wait. They are always going to have projects that need to be
done. They felt that it could last a little longer but it made sense, against that economy of scale,
to do it now and get that whole section put in.
Councilmember Saefke stated if they do it piecemeal, especially around the stop signs, the City
is going to have newer sections with older sections. When it comes time to do the part not done
now, he presumes they would just go all the way from 61st to 57th. He asked what was the cutoff.
Mr. Haukaas replied Medtronic Parkway. The milled pieces they are talking about at the stop
signs are really just a lane approaching the stop sign. So it would be southbound for 100 feet for
the stop sign approaching, 59th and northbound, only that lane. It is almost like going through a
water main break patch. For instance, on 61st from Seventh to Fifth to Si�th, that was redone
less than 10 years ago because during a sewer lining project the whole street collapsed. You can
drive through there and see it is newer than the other pieces but the are going to do it all because
it just makes sense to do it all. It is going to cost less to do it all at one time. These are going to
be patches, but it will improve the surface in those small sections in the meantime until they do a
full mill and overlay or other reconstruction on those roadways.
Councilmember Saefke stated he knows that some of the discussion at the public hearing on
this was cost. Mr. Haukaas has suggested they build in a 5 percent increase, but who is to know
what these costs are going to be five years from now. He said he does not know how cost
effective this will be, because they are going to be redoing stuff that was kind of pieced in this
time.
Mr. Haukaas replied there are economies of scale all the time. With mobilization costs and
traffic control, and striping, all are almost lump sum costs and so they are always present. The
larger the project you have, the less a percentage of it those pieces become. Overall, the per
square foot cost is reduced the larger project you have. Also, contractors will give you a better
price when they have a week's worth of work rather than a day's worth because they will be able
to keep their crews going longer and not have to keep looking for work to keep their company
profitable. As far as the specific mechanics of a future assessment policy for mill and overlay,
that is something they will have to decide at a later date. The 5 percent is just a first suggestion.
Councilmember Saefke asked about MSAS grants.
Mr. Haukaas said state aid funding is constitutionally dedicated. So there is some safety in that.
However, there are more and more cities reaching that $5,000 personal population limit. Right
now he believes there are 142 MSAS cities. Within the ne�t 5 to 10 years there may be 30 more
cities that get added to that list without a much greater increase in funding so the whole pot is
being diluted. The City will be getting less money simply because of the fact of how many more
cities are splitting that pot. The American Public Works Association, the Minnesota Public
Works, and the City Engineers of Minnesota all are very concerned and see a problem coming up
in the future.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 20
Councilmember Saefke stated so in the future, the City will be getting less dollar amounts
which means less subsidy for the mill and overlays which means the cost to residents probably
will go up to make up the difference.
Councilmember Barnette asked if they did the intersections at 59th and 61st, just the stopping
lane, would those homeowners abutting that be assessed.
Mr. Haukaas replied the recommendation at this point is no, it would be just a patch in that
area. They would hire the contractor to mill those sections.
Councilmember Bolkcom asked about the assessments to the property owners.
Mr. Haukaas replied what was presented was based on the current assessment policy where a
residential property pays half of their half of the street based on a 32-foot wide street. He
believed the cost was $1,018 for the full project. When they recalculated it with those costs
removed, he believed that cost increase was to the range of almost $1,600 per property. So it
was a significant increase because of the number of residential removed by not doing the section
from 61st to Medtronic Parkway.
Mayor Lund stated so with the reduced project, the cost is $1,800. It goes from just over a
thousand to about $1,800.
Councilmember Bolkcom stated they just passed a policy not too long ago related to how they
are going to pay for these mill and overlay and they are already now suggesting a change. A
public hearing has been held. She asked if they could increase it.
Fritz Knaak, City Attorney, said as long as you are not substantially increasing the scope of the
project itself.
Councilmember Bolkcom stated they are now kind of changing their policy. She has a hard
time with this. It makes sense to change the scope of the project. On the other hand does it
make sense now to suddenly not charge the people who are having it done in front of their
homes. It is more money.
Mr. Haukaas stated by reducing the scope of the project and not increasing the associated
assessment, they are already changing the policy. That is why he was recommending that they
do it at a set cost of $1,000.
Councilmember Bolkcom asked if that was fair.
Mr. Haukaas replied that is for them to decide. He thinks it is a decent split.
Councilmember Bolkcom asked if money would come out of the street improvement fund.
Mr. Haukaas replied, no, the City has those dollars available in the MSAS account and it is
eligible for funding.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 21
Dr. Burns asked if it was threatening any other projects that the City is planning on funding with
MSAS dollars.
Mr. Haukaas replied it does not threaten any projects. One of the big questions is funding the
tunnel at 61st Avenue. We can fund it with MSAS funds and hopefully get reimbursement. The
City can run the balance negative. Several cities are constantly at a negative balance and there
are no penalties because there is a large balance of unused MSAS funds because other cities do
not always run their balance down to zero or they are building up a larger project in the future
year. If we continue to do that, we will have problems and have to defer projects.
Dr. Burns asked if it would affect the bikeway on 85th Avenue.
Mr. Haukaas replied, no.
Councilmember Bolkcom asked because this project is less than it was, is the City going to do
some other project or street.
Mr. Haukaas replied right now they are not planning on doing that. They are trying to be
vigilant with the City's funds. They do not want to draw them down too fast. Secondly, if they
expand the scope to another area that has not been notified, they have to start the process over
again. He does not want to delay this project so they can add another area.
Councilmember Bolkcom asked Attorney Knaak whether they would have to start the whole
process over.
Attorney Knaak said they would have to do the whole thing over again.
Councilmember Saefke said it may be in the residents' best interests to do the whole project as
one unit this year so it is all uniform, and they will know what the cost is opposed to five years
down the road.
Tim Hughes, 5900 Seventh Street N.E., stated they walked the neighborhood to get a petition
going to get some of this stuff taken care of and to see what everybody was feeling about having
the road remilled and repaved. They asked the residents, of Seventh Street, between 53rd and 61st
Avenue, who stated they would not want Seventh Street and remilled and resurfaced until the
mechanical problems are addressed and repaired before putting a new street in. They would like
the washboard areas, mostly by the stop signs repaired for now. Basically exactly what the City
said they would do from 57th to 61st Avenues. They talked to people from the overpass of I-694
to 53rd and six homes were very adamant about having their road redone without having some of
the mechanical issues addressed. They have had their sewers totally snaked out because they had
tree roots and quite a bit of damage on their sanitary sewers, and they have had some gas main
breaks recently on Seventh. They would like that addressed. They have had multiple water main
breaks in the area.
Mr. Haukaas stated the City is only responsible for the main line. Properties are responsible for
their service from their home all the way to the center of the street. The City does do cleaning of
our mains. They are on a two-year cycle where they go through and clean every single main,
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 22
which is probably one of the most aggressive in the metro area, if not a larger region. Fridley
has really reduced City sewer backups. As far as fixing the mechanical problems, without
completely replacing the entire sewer or water main systems, they will always have these
problems and that is an e�tremely expensive proposition.
Mr. Hughes stated this week they had a gas main break on Seventh on Wednesday, June 5. He
asked what if the road is put in and they have another patch.
Mr. Haukaas replied, unfortunately, that will always happen. They are working with
CenterPoint Energy to replace all gas mains with every street reconstruction, but they cannot
rebuild every street in Fridley. The City cannot afford to do that.
Mr. Hughes asked if they could look at it somehow when they do the mill and overlay to make
sure it is going to be okay. He asked if it was just an unforeseen thing.
Mr. Haukaas replied they are doing all preventative maintenance we can at this point. There is
nothing more they can do.
Mr. Hughes stated some of the other concerns some people on Seventh have is if they were
going to use the roads they are repairing for some of the bigger construction trucks.
Mr. Haukaas replied every road is built for trucks, not cars. They are going to use what roads
they need to in order to get in and repair them. Trucks in the area for two months are not going
to destroy the roads if they weren't going to be destroyed anyways by garbage trucks, school
buses, other things like that. Those put at least equal loads on these streets on a weekly basis.
They are being cognizant of what routes they are taking, but they are not going to restrict them
from other roads just because they are not in the project area. They will run those roads but it
will only be for a short time.
Tom Sutherland, 5850 Seventh Street N.E., stated they just noticed they are doing Jefferson on
the east side of Seventh Street also. They were wondering what the easiest route was so heavy
equipment can get in there. He asked they did not do all of Seventh Street, from 53rd to
Mississippi Street.
Mr. Haukaas said their analysis of street conditions is a comparative analysis. What are the
worst ones, and that is limited by what the City can afford. They set a budget every year in what
they can do, and they look at those sections that fit within that budget range.
Mr. Sutherland stated another thing they ran into, when speaking to all the residents on Seventh
Street, was that it was not the worst street. Why not put the tax dollars and the money towards
the streets that needs it. For example, Mississippi Street, east of Old Central, on the New
Brighton border.
Councilmember Bolkcolm replied that is a County road.
Mr. Sutherland asked about Rice Creek?
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 23
Mr. Haukaas replied that is also a county road.
MOTION by Councilmember Saefke to adopt Resolution No. 2007-31 and to strike "Jon H.
Haukaas" from Paragraph 4. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
12. Extension Request for Preliminary Plat, P.S. #05-02, by Family Lifestyle
Development Corporation, Generally Located at 1314 Mississippi Street, 1340
Mississippi Street, 6421 Central Avenue and 6461 Central Avenue (Ward 2).
John DeMello, Family Lifestyle Development Corporation, stated they are still very excited
about this project. It has been a considerable challenge to find the right investor who does not
want to redesign the entire project or change everything they have created.
Mayor Lund said they were concerned about the number of extensions.
Mr. DeMello stated he understands their concerns. He said he is open to suggestions. The
market conditions have change quickly.
Councilmember Bolkcom asked Mr. Hickok if they have ever granted four e�tensions on a
proj ect.
Mr. Hickok replied he could not recall. Town Center Development across the street had 3
before they got their final plat.
Councilmember Bolkcom asked Mr. DeMello if he thought this would be the last one.
Mr. DeMello replied he guarantees this will be the last one just because he is exhausted. He
wanted this project to go through. He is passionate about it and he loves it. He is working on
finding the right investor.
MOTION by Councilmember Varichak to grant an e�tension for Preliminary Plat, P. S. #OS-02,
by Family Lifestyle Development Corporation, for six months until December 4, 2007.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
1. Approve Change Order No. 1 to 2007 Street Improvement Project No. ST. 2007-1.
Councilmember Bolkcom asked about the sidewalks that are going to be removed. She asked if
there were any issues related to handicap accessibility.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 24
Mr. Haukaas replied the sidewalks that are going to be removed are the existing ones accessing
the field. With the fields being raised three feet, players would need to actually go upstairs to go
onto the field. By eliminating this and grading out behind that area, they will be putting in new
sidewalks that will be fully accessible.
MOTION by Councilmember Bolkcom to approve Change Order No. 1 to 2007 Street
Improvement Project No. ST. 2007-1. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
2. Approve Easement Agreement Between City of Fridley and CenterPoint Energy
Resources Corporation.
MOTION by Councilmember Bolkcom to receive into the record a 9-page letter received on
June 8 from ProSource addressed to Mr. Jack Kirk Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Councilmember Bolkcom stated regarding the building, will it be going on 24 hours, when will
it be happening, and will be people be aware and informed of what is going on.
Mr. Haukaas replied they have had discussions with CenterPoint Energy, and they have been
e�tremely cooperative in making sure the City constantly knows what is going on with this
project. City Code does allow for the Director of Public Works to issue permanent alternative
work hours which is essentially what the City has done after a lot of discussions. One of the
stipulations of that permit will be that they get notice out to affected residents 7 to 10 days prior
to when the work begins. The drilling operation is something that once it is started, has to be
done continuously through completion. The alternate is to have it under construction for as long
as a month. As far as any noise, the drill is essentially a diesel engine that will be revving up as
it drives the drilling rods through the earth, and they just have to keep it moving until it is done.
Councilmember Bolkcom asked if there would be any air pollution.
Mr. Haukaas replied the majority of this equipment is newer and built with newer technology.
They still are using a diesel engines but they have mufflers and all the required emission
components on them . None of the drilling will be done really close to a home.
Councilmember Bolkcom asked whether the plan is for most of it to take place in the month of
July.
Mr. Haukaas replied they are going to begin in July. Some may happen in August. They do
want to have all the drilling pieces done by September. They will keep the City aware of the
dates.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 25
William Burns, City Manager, stated he believed the City does know they are going to start
south and move north.
Mr. Haukaas replied in general that is what they are looking at doing.
Councilmember Bolkcom asked whether in the letter to the residents a contact person will be
mentioned.
Mr. Haukaas stated the field operations person for CenterPoint Energy directly in charge of
sending out the letter will have his phone number and contact information on it.
Councilmember Bolkcom asked if any parks will have to be closed.
Mr. Haukaas said he did not believe so. Only the rear corners of two parks will be affected.
Jack Kirk, Parks and Recreation Director, said Plaza Park will be closed for a very short
period of time when they are doing the directional drilling. They have been very cooperative
with the rest of the parks.
Councilmember Bolkcom stated the memorandum from Mr. Kirk mentions there is a possibility
an additional easement may be required through Edgewaters Gardens Park and that the final
planning has not been completed.
Mr. Kirk replied that was correct as of last week. When they initially talked with them, they
had plans to go through a portion of the park but then they looked at actually going more on the
east side of the railroad corridor and just taking a very, very small portion of Edgewater.
Councilmember Bolkcom asked Mr. Kirk to summarize the differences between the easement
agreement in their packet dated June 4 and the one they received tonight.
Mr. Kirk replied they had to make some adjustments at Community Park for some additional
temporary easements.
Councilmember Bolkcom asked preserving the large oak trees in the park.
Mr. Kirk replied they are going to try and avoid any impact.
Councilmember Bolkcom asked if they would plant new trees.
Mr. Kirk replied he did not think that was addressed.
Mr. Haukaas stated the type of work they are doing is away from the oak trees so they do not
expect any direct impact to them. The drilling is going to be down really below the root zone.
They can certainly open that discussion with them.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 26
Councilmember Bolkcom stated she did not think it would not hurt to at least have a
conversation. She asked if the City could decide not to allow them to do the work.
Attorney Knaak said the City is in a significant position to say no and to fight it if they choose
to do so. The actual language of the easement does require that the grantee pay for damage or
loss which directly arises out of the use of the easement. That can be clarified to include
vegetation but if there were significant losses of oak trees, he would read that provision of the
easement language to give the City recourse if they could establish the damage was directly
related to their activity and use of the easement. He is not sure what rights this company has to
acquire a right-of-way under Federal law.
Mayor Lund asked about the open areas and its vegetation where they will be using a backhoe..
Mr. Haukaas replied the open trench areas are going to be part of their 2008 project so they
have not brought all of that to them yet. He is sure they started looking at it but the findings have
not been presented. They will have a lot of restoration in other areas. It is the problem areas and
environmentally sensitive areas that they are looking at doing their directional drilling.
Councilmember Bolkcom asked if they would be coming back for a second phase.
Mr. Haukaas replied any additional permits will be handled at staff-level. This is the only thing
that needs Council action at this point. They do have CenterPoint gas main easements along that
whole corridor. The Council is agreeing to the easements. There is not a Council action
agreeing to the project.
Mr. Kirk stated the only exception to that would be if they do something more in Edgewater
Park.
Attorney Knaak stated they could pass this and ask for more clarification about replacement of
the trees. He thinks the protection Councilmember Bolkcom is looking for is already in the
agreement. He does not think there is any problem in seeking additional clarification or an
addendum, but based on her concern, they could pass the language and it would take care of the
problem in terms of the tree damage.
Councilmember Bolkcom asked if Council could be copied on the letter when it is sent out to
the residents.
Mr. Haukaas replied they will have Council added to the mailing list for all of the mailings.
MOTION by Councilmember Bolkcom to approve the Easement Agreement between the City
of Fridley and CenterPoint Energy Resources Corporation. Seconded by Councilmember
Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 27
3. Resolution Supporting the Improvements to Springbrook Nature Center Associated
with the SPRING (Sanctuary Protection & Renewal into the Next Generation)
Project and Supporting the Request to the State of Minnesota for Financial
Assistance.
Councilmember Barnette asked why they were including additional revenue in the resolution.
He asked how they were doing on fundraising.
Mr. Kirk said in 2005 the project was presented as a$5 million project, and both the House and
Senate were looking at $2.5 million and, at the last hour of the legislative session the
Springbrook project was actually left out of the bonding bill. That was two years ago. This year,
the Senate approved $2.5 million in their bonding bill. The House ultimately recommended $2
million. Had it been funded this year as part of the bonding bill, it would have been funded at
the $2 million amount. It really did not change the amount, the project was still slated to be the
full project at the $5 million costs, and the Foundation would have had to raise more money to
make it happen. The amount was reduced by the House.
Mr. Kirk stated as the legislative delegation said tonight, they would like us to resubmit the
application. That is why the resolution is before them tonight. When they talk about the amount
going up from $2.5 to $2.8 that is being requested, the State is requiring us to do that. We have
two options: we can use their inflationary figures for the projects or we could have had hired an
architect which would have involved some expense to either the Foundation or City and redo all
the plans and come up with a more definite figure. They opted for using the inflationary figure
the State provided.
Mr. Kirk stated regarding the fundraising, they have been making contacts in. It is pretty
limited at this point, they did not want to kick off their major fundraising until the State had
approved the project. They have been doing a lot of the groundwork, and there are a lot of
people who are involved in this and are getting ready for it. If they do not get the matching
funds, it is his understanding the State is not going to give them the $2.8. The Foundation is
clearly aware of that.
Mr. Kirk stated when this project was first presented, there was discussion from the City
Council that if there was going to be a project, the operating money would have to be set aside
ahead of time in escrow to cover operating expenses. He heard the terms of maybe 20-30 years.
City Council then requested the Foundation and staff to come to a conference meeting and
present a business plan. The Foundation and staff have a joint committee that Parks and
Recreation Commission members have been on. They put together a business plan and came and
presented that to the City Council. It was his recollection that Council was satisfied with the
business plan to the e�tent they allowed wording to be put into the resolution that was passed
two years that said the operating costs would be a combination of additional revenues and money
provided by the Springbrook Nature Center Foundation.
Mr. Kirk stated they looked at some of the existing programs and way to increase enrollments
and participation. The Foundation had also said as part of this business plan, that they would
start contributing not only to the building fund but they would start contributing an annual
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 28
amount. It started out at $12,000 and then jumped up at the end of six years to $27,000. That,
together with the levy, and increased program revenue was going to generate the funding to
operate the facility and also put some money aside into a reserve fund so that Springbrook could
make improvements if they needed a new furnace, roof, etc. That business plan was presented to
the Council two years.
Councilmember Barnette stated he recalled when the referendum was passed, people were
promised that was for the continued operation of the Springbrook Nature Center, including
additional inflationary costs. When it got into additional costs from operating after that, he still
recalled that money was going to be set aside. He knows they talked about these other things. If
there is a certain amount of money, for instance another $100,000, and it they are not able to
come up with additional costs, what happens?
Councilmember Bolkcom stated she remembered they had a lot of discussion that there had to
be money put into an account. The money still has to be run through the City of Fridley. Once
this gets passed and the Foundation, along with a lot of community support, raises the other $2.8
million, it still has to come back to them and she thinks at that time they have a lot of latitude to
talk about and actually see a business plan and see how much money of that $2.8 million is going
to be put in a fund for future maintenance and improvements.
Councilmember Barnette made the reminder it is a city park, and the City Council controls the
park and what happens.
Joan Zmuda, 6051 Fourth Street N.E., stated apparently their idea of a nature center is not the
same as hers. A nature center to her is where you go and see nature in its natural habitat. You
learn about nature, you respect nature. It is not a place where you go to have parties. The
Springbrook Foundation does not own the center; Fridley does. The amount of taxpayer dollars
that we spend to subsidize Springbrook, she would rather spend on Fridley's infrastructure. Hire
a policeman, hire a fireman. Most of the people in Springbrook do not even live here or pay for
it. She was reading the resolution they are going to be voting on. She agrees with the first two
paragraphs and that is about as far as she goes. The Nature Center does not need health and
wellness, community gatherings, celebrations and business meetings. That is not what a nature
center is all about.
Mayor Lund said he respects Ms. Zmuda's concerns about a nature center. That is one of the
reasons or the ideas behind some of this from the Foundation which is an all volunteer group of
people who have this plan to ask for money from the State, and they are willing to raise the
additional funding, about $2.8 million. He thought that was pretty nice for a group of volunteers.
She may not think it is an enhancement. He thinks it is when they are using approximately 7
acres of 127 acres to preserve the remaining 120 acres. They used to have an amphitheater but it
became so dilapidated that they had to eliminate it. He thinks an amphitheater, indoor and
outdoor, as they propose is an enhancement to benefit seminars that the DNR or others put on
relating to nature. He thinks, people are probably the biggest culprits of ruining natural habitat;
and their goal is to somehow restrain wear and tear on the other 120 acres by accommodating
large groups of people to learn about nature and its habitat.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2007 PAGE 29
MOTION by Councilmember Barnette to adopt Resolution No. 2007-29. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
13. Informal Status Reports
Scott Hickok, Community Development Director, thanked everyone for their participation in
the recycling event which was an enormous success.
ADJOURN:
MOTION by Councilmember Barnette, seconded by Councilmember Varichak, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 11:52 P.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor