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06/25/2007 - 00029131CITY COUNCIL MEETING CITY OF FRIDLEY JUNE 25, 2007 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Scott Hickok, Community Development Director Richard Pribyl, Finance Director/Treasurer Fritz Knaak, City Attorney Jon Haukaus, Public Works Director VALUES FIRST COMMUNITY RECOGNITION AWARDS: Councilmember Barnette presented the following Values First Community Recognition Awards: Mary Bowen received the Individual Award. She has been involved in numerous organizations throughout Fridley and surrounding communities. Fridley Historical Society received the Community Organization Award. Cummins Power Generation received the Business Award. PUBLIC SERVICE ANNOUNCEMENT: Chris McClish, Fridley Police Officer, presented information regarding Operation NightCAP. The Fridley Police Department currently participates in two Operation NightCAP programs; Anoka County DWI Task Force and Summer Metro NightCAP. Anoka DWI Task Force is a joint effort between all 11 Anoka County Law Enforcement Agencies and the Minnesota State Patrol. Officers work together in a concentrated effort on selected roadways to reduce alcohol- related crashes and fatalities. This is a pilot program funded by the National Highway Safety Traffic Administration. Anoka County is the third deadliest county for alcohol-related crashes and fatalities in Minnesota. The main object is to get Anoka County out of the top 15 deadliest counties in Minnesota. The task force wants to accomplish this through enforcement updates FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2007 PAGE 2 and by changing the public's perception about what law enforcement is doing about this problem. Mr. McClish stated that the DWI Task Force is designed to have a very high visibility with officers from all Anoka County law enforcement agencies and the State Patrol. These officers will saturate an area with 12 to 20 officers in areas where alcohol-related crashes are high, including the main roads in Fridley. The officers working on the project will wear highly reflective vests. The officer will also have reflective magnets identifying them as part of the DWI Task Force. Lighted warning signs will be placed on the roadways where the officers will be working. This will advise drivers that they are entering a DWI arrest zone. Mr. McClish stated that so far 1,509 vehicles have been stopped in 7 projects through June 9. This has resulted in 99 drunk driver arrests, 24 warrant arrests, 67 suspended/revoked/canceled drivers licenses violations, 20 drug violations and 47 minor consumption/open bottle violations for a total of 428 citations. Mr. McClish stated that the Fridley Police Department also participates in Summer Metro Operation NightCAP and Safe and Sober Programs. These programs are funded through the Minnesota Department of Public Safety and are focused on aggressive and impaired driving, seatbelt enforcement and speeding. The Fridley Police Department received e�tra funding to participate in the Summer Metro NightCAP. They received an e�tra 80 hours of grant money that funds officers to enforce DWI laws in the City of Fridley. The main objective of this program is to arrest drunk drivers. This program started in June of 2007 will end in August of 2007. Mayor Lund asked how long Operation NightCAP will be going on. Mr. McClish answered that the Summer Metro Operation NightCAP would end in August but the Anoka County DWI task force would continue through the end of September. If this is successful, it may be e�tended three years. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES City Council Meeting of June 11, 2007. APPROVED. OLD BUSINESS: 1. Second Reading of an Ordinance of the City of Fridley Amending Chapter 7 of the Fridley City Charter Pertaining to Utility Rates. William Burns, City Manager, stated that this is the City's third attempt to amend the Fridley City Charter by eliminating the restriction on rate increases to 5% or the rate of inflation, FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2007 PAGE 3 whichever is less. It is a restriction that, if not addressed, will leave the Water Fund with a net income of negative $153,533 at the end of 2008 and a negative cash balance of $7,259. It is also a restriction, which if not addressed, will leave the Water Fund with a negative cash balance of $411,393 at the end of 2009. It is a restriction that has caused the City to put $1.1 million dollars in repairs to the City's water tanks on hold for 2007. It is a restriction that ignores the fact that more than $1.8 million in repairs to our water system are needed for 2008. It is a restriction that ignores the fact that the City will operate its sewer system with a net operating income of negative $487,961 in 2008. Dr. Burns stated that it is a restriction that ignores the fact that Fridley's water and sewer rates are very near the lowest for all of the cities in the Metropolitan area. It is a restriction that ignores the fact that for most of the late 80s and 90s, there were only one or two rate increases. It is a restriction that ignores the fact that many of our costs for operating the City's water and sewer systems, including about 75% of the cost of operating the sewer system, are dictated to us by outside agencies. It is a restriction that ignores the fact that repairs to the systems are matters of public health and welfare, and cannot be ignored in the name of thrift. It is a restriction that ignores the fact that the Water and Sewer Divisions of the Public Works Department have operated with the same number of employees for the last 35 years or more. It is a restriction that will generate huge costs to Fridley residents within a relatively short time frame due to deferred maintenance. Dr. Burns stated that it is a restriction that ignores the fact that future rate increases are discussed in public meetings where citizens have an opportunity to voice their sentiments on the rate issue. It is a restriction that has been recommended for removal by the Charter Commission on April 23 and discussed in a public hearing on May 21. The first reading was approved by Council on June 11. Staff recommends Council's approval of the second reading. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 2. Receive the Minutes from the Planning Commission Meeting of June 6, 2007. RECEIVED. 3. Resolution Receiving Final Plans and Specifications and Ordering Advertisement for Bids: Mill and Overlay Project No. ST. 2007 — 2. William Burns, City Manager, stated that the project scope includes .7 miles of streets. The proposed streets include 61st Avenue between University Avenue and 7th Street, and 7th Street from Medtronic Parkway south to 53rd Avenue. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4. Motion to Accept an Easement Agreement from Larsen Enterprises (Slumberland), an Easement Agreement from Shamrock Development, Inc. (Springbrook Cove), and an Act of Donation Agreement from Wal*Mart for the 85t'' Avenue Trail Project. FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2007 PAGE 4 THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 5. Receive Bids and Award Contract for the Community Park (Phase 2) Irrigation Project No. 374. William Burns, City Manager, stated staff recommends that the irrigation replacement project for Ball Fields 1 and 2 be awarded to Mickman Brothers, Inc. of Ham Lake in the amount of $25,990. The bid is well within the $75,000 budget from the Parks Capital Improvement Fund. 6. Appointments — City Employees. William Burns, City Manager, stated that the Police Department has two vacant police positions. The Lieutenant's position is a new position that replaces a Sergeant's position. The position was created to insure leadership for the Investigative Section of the Police Department. Staff recommends the appointment of Michael Monsrud to that position. Dr. Burns stated staff recommends the appointment of Richard Cesare to the Sergeant's position vacated by Mike Monsrud. APPOINTED MICHAEL MONSRUD TO THE LIEUTENANT'S POSITION AND RICHARD CESARE TO THE SERGEANT'S POSITION IN THE POLICE DEPARTMENT. 7. Claims (132185-132393). APPROVED. 8. Licenses. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Saefke asked that Item 3 be removed from the consent agenda. Councilmember Bolkcom asked that Items 4 and 8 be removed from the consent agenda. Pete Eisenzimmer, 6535 Oakview Drive, asked that Item 1 be removed from the consent agenda. MOTION by Councilmember Barnette to approve the consent agenda with the removal of Items 1, 3, 4 and 8. Seconded by Councilmember Varichak UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2007 PAGE 5 ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda with the addition of Items 1, 3, 4 and 8. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): None. OLD BUSINESS: 1. Second Reading of an Ordinance of the City of Fridley Amending Chapter 7 of the Fridley City Charter Pertaining to Utility Rates. Pete Eisenzimmer, 6535 Oakview Drive, asked Council not to change the Charter. He said if the rates do go up, he would start a referendum. Mayor Lund replied that if a referendum is started and this is put on the ballot, it will cost the City about $20,000. Mr. Eisenzimmer is correct in that we do not know what the rates will be, but the best estimate will be whatever it will take to break even. Many people think the City running this as a profitable business but the city is run like any other business. The difference is the City has reserves which are set aside to pay expenses and maintenance that may be needed in the future. Right now, we do not have not a reserve account and we are going into a crisis mode. Mr. Eisenzimmer said that people need to live within a budget. Councilmember Bolkcom said that it is illegal for the City to make a profit on any services they offer. The City cannot charge more than what it cost for the services. Richard Pribyl, Financial Director, said that the rates would raise 16 cents per 1,000 gallons. To the average water user, this would be about the cost of a bottle of water per month. This is not a huge increase. The City is just trying to recover the costs they are losing. Mayor Lund said he is open for a tier structure but a feasibility study would need to be done. After the study they would make recommendations on what to do with the rates. Right now the average user is subsidizing costs for the heavy users. Councilmember Saefke said that Fridley's water rates are among the lowest in the greater metro area. Of 144 communities, Fridley rates are in the bottom three. The City is really at a critical place. If there is no money in the account, the City will not be able to borrow money with no collateral, and if they were able to borrow money, it would be at a high interest rate. We need to raise the rates to get the City back to a decent financial level for the future generations of our community. FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2007 PAGE 6 MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the ordinance on second reading and order publication. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Lund said that he would welcome any constructive discussion or criticism regarding this issue. Councilmember Bolkcom invited residents to talk with Council if they need information validated before they sign a petition. Councilmember Barnette said that some people think that elected officials have a hidden agenda. He reminded citizens that Council members also live in Fridley and any rate increases affect them as well. We need to do what is necessary to keep the City operating in a good financial position. PUBLIC HEARINGS: 9. Consider Special Use Permit, SP #06-04, by Brent Anderson for BDA Development Co., to Allow Limited Outdoor Storage in an M-1, Light Industrial Zoning District, Generally Located at 7600 Highway 65 NE (Ward 2). MOTION by Councilmember Varichak to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8:22 P.M. Scott Hickok, Community Development Director, asked if this public hearing could be continued until July 23, as Mr. Anderson could not attend this meeting. MOTION by Councilmember Varichak to continue the public hearing until July 23, 2007. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING TO BE CONTINUED UNTIL JULY 23, 2007. 10. Consider Special Use Permit, SP #06-11, for Central Auto Parts, to operate a Salvage Yard, Generally Located at 1201 - 73 1/2 Avenue N.E. (Ward 2). MOTION by Councilmember Varichak to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2007 PAGE 7 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8:24 P.M. Scott Hickok, Community Development Director, stated this business includes multiple parcels, all zoned M-1, Light Industrial. The site contains an auto recycling business called Central Auto Parts, which fronts onto 73 '/z Avenue just west of Central Avenue. A junkyard or auto recycling business in an M-1 district must obtain a special use permit in order to operate. The business must also obtain an annual junkyard license. Staff's approval of a license is contingent on the business meeting the stipulations of their special use permit. Due to lack of compliance with previous stipulations, the City considered revocation of the special use permit for this business in 2003. Council chose to give the business owner 5 years to meet several additional stipulations. In addition, they were to meet the previous stipulations from the 1973 and 1982 special use permits. Problems at the site continue. The Police Department has issued 14 tickets for parking in the "No Parking" area west of the business over the past year. Customers and employees must park in the street since the entrance is blocked by disabled vehicles. Inoperable cars are being stored outside the fence. The fence has not been repaired or rebuilt to be a consistent height and junk vehicles are consistently piled higher than the fence line. Mr. Hickok said the 2003 stipulations have not been met. The 5-year timetable required site design, landscaping, irrigation, curb and gutter installation, pond installation, and fence repair. None of this was complete one year ago. Council took action in 2006 and chose to create a new Central Auto Parts special use permit which would hold the property and business owners to a completion schedule of all items by mid-2008. By June 1, 2007, phase 1 of Central Auto's curb, gutters, and asphalt were to be installed. By October, 2007, the remaining curb, gutter and asphalt are to be installed. As of June 13, 2007, the June 1 deadline has not been met. Jerry Haluptzuk met with staff late this afternoon and produced documentation that he received from the Rice Creek Watershed District. Engineering staff has confirmed that they need that before they would issue the necessary alteration permit. Mr. Hickok said staff recommends that the City Council table the action to revoke Special Use Permit, SP #06-11. Staff's modified recommendation comes as a result of new information provided by the business owner. Further, staff recommends that the public hearing be tabled until November 5, 2007. Mayor Lund asked Mr. Haluptzuk if he was in agreement with the timeline that is provided. Jerry Haluptzuk, Central Auto Parts, said he was and he appreciated the e�tension. MOTION by Councilmember Varichak to continue the public hearing until November 5, 2007. Seconded by Councilmember Bolkcom UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CONTINUED UNTIL NOVEMBER 5, 2007. FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2007 PAGE 8 NEW BUSINESS: 11. Resolution Revoking Special Use Permit SP #06-11, for Central Auto Parts to Operate a Junkyard in an M-1 Zoning District, Generally Located at 1201 - 73 1/2 Avenue N.E. (Ward 2) MOTION by Councilmember Varichak to table the resolution until November 5, 2007. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Special Use Permit Request, SP #07-03, by Glen Harstad, to Allow the Expansion of an Existing Self-Service Car Wash in a C-2, General Business Zoning District, Generally Located at 7320 University Avenue N.E. (Ward 3). 13. Variance Request, VAR #07-02, by Glen Harstad, to Reduce the Side Yard Setback from 15 Feet to 5 Feet Along the Southern Property Line and to Reduce the Setback for all Parking and Hard Surface Areas from 20 Feet to 10 Feet to Allow a Building Addition, Generally Located at 7320 University Avenue N.E. (Ward 3). Scott Hickok, Community Development Director, asked to present Items 12 and 13 together as they are related to the same business. The petitioner, Glen Harstad, is seeking a special use permit to allow an expansion of the existing car wash building located in a C-2, General Business Zoning District, which is located at 7320 University Avenue. He is seeking a variance to reduce the building's side yard setback along the southern property line from 15 feet to 5 feet. He is also requesting a variance to reduce the hard surface setback requirement on the west side of the property from 20 feet to 10 feet to expand a drive aisle around the proposed addition to the building. Both of these variances are being requested to allow the construction of an addition to the existing self-service carwash building. The petitioner is proposing to construct a 26 foot by 74 foot, 1,924 square foot, addition to the west end of the existing 2,100 square foot car wash. The addition will allow 4 additional self-service wash bays. The petitioner also plans to enlarge the overhead doors on the existing building to allow for larger vehicles to utilize the car wash. He also plans to remodel and update the e�terior of the building. Mr. Hickok stated the subject property is located on University Avenue, north of 73rd Avenue, and is zoned C-2, General Business. The property was originally platted in 1965 as one lot that also encompassed the lot south of the subject property. In 1970, the property was developed and a special use permit was granted to allow the construction of the existing self-service car wash and for an additional car wash and gas sales on the 7300 University Avenue property to the south. In 1977, a lot split was granted to separate 7300 and 7320 University Avenue. At that time, a variance was also granted to recognize a 5 foot side yard setback for the existing carwash building. Since that time, the property has continued to exist as a self-service car wash. Mr. Hickok said City Code requirements state that motor vehicle wash establishments are a permitted special use in the C-2 zoning district, provided they meet the necessary requirements FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2007 PAGE 9 subject to the stipulations suggested by staff. City Code requires a side yard setback of 15 feet in the C-2, General Business, zoning district. Since the petitioner is proposing to add an additional 26 feet of building at the 5-foot setback, a variance is required. City Code also requires a 20-foot setback for all parking and hard surface areas from any public right-of-way. The petitioner is requesting a variance to reduce that setback requirement from 20 feet to 10 feet, to make the new car wash bays more accessible and to provide a drive aisle around the car wash building for emergency vehicle access and for the safety of other vehicles that will be maneuvering around the site. The proposed addition meets all other setback and lot coverage requirements. City staff has not heard from any neighboring property owners. Mr. Hickok stated the petitioner has also applied for a variance from Minnesota Rules, Chapter 1306, which the City has adopted, that requires buildings over 2,000 square feet to be sprinkled. Mr. Harstad's proposal for an addition to his existing building meets code requirements contained in Chapter 1306 requiring installation of a fire sprinkler system. Mr. Harstad's project does not meet any of the provisions for exemption or waiver as expressed in Chapter 1306.0060. Therefore, staff recommends denial of that portion of his variance request. Since the June 20, 2007, Appeals Commission meeting, petitioner has withdrawn his variance request from the sprinkler code requirements as he has re-designed his building. The re-design will separate the building with 2-hour fire walls into 3 separate bays, which are below the minimum square footage for requiring a fire protection system. Mr. Hickok stated that the Planning Commission held a public hearing for SP #07-03 on June 6, 2007, and recommended approval of SP #07-03 with six stipulations. The motion carried unanimously. Staff recommends concurrence with the Planning Commission. The Appeals Commission held a public hearing for VAR #07-02 at their June 13, 2007 meeting. There was a lengthy discussion regarding the sprinkler code variance. The Appeals Commission granted a variance to allow the car wash bays to not have sprinklers, but required the equipment room to be sprinkled. The Appeals Commission recommended approval of the two setback variances with five stipulations. Both motions carried unanimously. Mr. Hickok said that since the June 13, 2007, Appeals Commission meeting, the petitioner has withdrawn his variance request from the sprinkler code requirements. He has re-designed his building so as to not need a variance. The re-design will separate the building with 2-hour firewalls into 3 separate bays creating 3 separate buildings, 2 at 1,680 square feet and 1 at 485 square feet. This will be below the minimum square footage for requiring a fire protection system. City Staff recommends concurrence with the Appeals Commission on the setback variance requests. Councilmember Bolkcom asked if the re-design changed any of the other variances as far as setback and parking. Mr. Hickok said no, the re-design is all internal. Mayor Lund asked if Mr. Harstad had any problems with the stipulations. Glen Harstad, 7320 University Avenue, answered no. Staff has been very good to work with and they worked out a great new design. He has been in the car wash business for 26 years and FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2007 PAGE 10 owns other car washes and none of his other car washes have sprinkling systems. He also plans to work a rain garden into the landscape plan. Councilmember Saefke commented that a car wash would use a substantial amount of water and asked how Fridley rates compared to other cities. Mr. Harstad said he owns car washes in four other cities and Fridley has the lowest rates. MOTION by Councilmember Bolkcom to approve Special Use Permit Request, SP #07-03, by Glen Harstad, with the following six stipulations: 1. The petitioner shall obtain any required permit prior to the start of construction. 2. The parking lot shall be restored to Code requirements for paving, curbing and painting after the addition is completed. 3. The petitioner shall submit a drainage plan and receive City engineering staff approval prior to issuance of a building permit. 4. The petitioner shall provide an easement from property owner to the south if the dumpster enclosure is to remain at the property line, instead of the required 3 foot setback. 5. Landscape plan shall be reviewed and approved by City staff prior to issuance of a building permit. 6. Special Use Permit approval is dependent of approval of the setback variances related to VAR #07-02. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to approve Variance Request, VAR #07-02, by Glen Harstad with the following five stipulations: 1. The petitioner shall obtain any required permit prior to the start of construction. 2. The parking lot shall be restored to Code requirements for paving, curbing and painting after the addition is completed. 3. The petitioner shall submit a drainage plan and receive City engineering staff approval prior to issuance of a building permit. FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2007 PAGE 11 4. The petitioner shall provide an easement from property owner to the south if the dumpster enclosure is to remain at the property line instead of the required 3-foot setback. 5. Landscape plan shall be reviewed and approved by City staff prior to issuance of a building permit. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. Resolution in Support of a 2007 Special Legislative Session to Consider the Omnibus Tax Bill. Mayor Lund said they are asking the State to create a tax increment financing district for the proposed rail station site. If the tax bill is vetoed, Fridley would not receive any money. The amount of $1.5 million would need to be raised or we would lose the proposed rail station site. Another item on this tax bill is the project for the Springbrook Nature Center. MOTION by Councilmember Lund to adopt Resolution No. 2007-33. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Resolution Receiving Final Plans, Specifications and Ordering Advertisement for Bids: Mill and Overlay Project No. ST. 2007-2. Councilmember Saefke suggested they go back to the original plan and do the entire project. The MSAS funds are guaranteed because of the growth of the city and Fridley would be getting less in the future. This is also unfair to those who reside from Medtronic to 53rd because they would have to pay an estimated assessment of $1,600 to $1,800 compared to the entire project cost in which everyone would pay $1,008. This is a very substantial increase to those residents. If it is not done this year, it may be done in 5 years, but there is no guarantee. The cost in 5 years will increase substantially because of the cost of fuel, oil, labor etc. Councilmember Bolkcom asked if he had heard anything from any residents. Councilmember Saefke answered that he has not heard any public comment. There are portions of this road that could hold up another five years but the future costs would be a lot more and we would not have the MSAS funds to offset the higher costs. Councilmember Bolkcom asked if the proposal and plans would change the scope of the proj ect. FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2007 PAGE 12 Jon Haukaas, Public Works Director, stated that they were prepared to do the entire project and they still have all that information on hand. Councilmember Bolkcom asked what the chances would be for the street to be fixed in five years. Mr. Haukaas answered that there are 110 miles of streets to maintain in Fridley and they are consistently reevaluating the priorities. There is a lot of work out there to be done and there is no guarantee they will be back to this area in five years. Councilmember Bolkcom stated that the information that was presented in the public hearing included a structured way to evaluate the streets but some residents think there are worse streets to take care of than this one. Councilmember Barnette said that he would be in favor of doing the entire project. Councilmember Varichak asked how many households would be affected in this project. Mr. Haukaas answered 59 properties would be affected for the entire project and 11 properties for the revised project. Mayor Lund said that the reason why he was in favor of a lesser project was because of perception. We do not want the perception that we are not making the best use of our taxpayer dollars and repairing roads that do not need it. If we can repair and patch the areas that need it, that would be best. We need to use funds wisely. It would be appropriate to fix the roads where needed the most and leave the roads that are not in poor condition alone. Councilmember Bolkcom said that she is not voting for this project because of the cost. We pay experts to make decisions to decide to fix things now so we will not have to pay more in the future. We rely on experts to evaluate projects and their recommendation was to fix the entire road. Councilmember Saefke agreed that public perception means a lot but to spend money on patching crews will not fix the entire street. The best use of the taxpayers' money would be to do the project as recommended by the experts. MOTION by Councilmember Saefke to amend the resolution receiving final plans, specifications and ordering advertisement for bids: Mill and Overlay Project No. ST. 2007-2 to read 61st Avenue from University to 7th Street and 7th Street from 53rd Avenue to 61st Avenue. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, COUNCILMEMBERS BARNETTE, SAEFKE, VARICHAK, AND BOLKCOM VOTING AYE AND MAYOR LUND VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2007 PAGE 13 MOTION by Councilmember Saefke to adopt Resolution No. 2007-31. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, COUNCILMEMBERS BARNETTE, SAEFKE, VARICHAK, AND BOLKCOM VOTING AYE, AND MAYOR LUND VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. 4. Motion to Accept an Easement Agreement from Larsen Enterprises (Slumberland), an Easement Agreement from Shamrock Development, Inc., (Springbrook Cove), and an Act of Donation Agreement from Wal-Mart for the 85t'' Avenue Trail Project (Ward 3). Councilmember Bolkcom asked if ProSource Technologies, Inc., was coordinating this project. Jon Haukaas, Public Works Director, answered that ProSource was the local property acquisition title company that does a lot of public work They are a subcontractor of our consultants. Councilmember Bolkcom questioned the sentence that mentions the possibility that the Recorder of Deeds may object to the recording of the document. Mr. Haukaas answered that this is a speculation on their part. Fritz Knaak, City Attorney, said that this more like a disclaimer. The appropriate thing to do would be to receive and accept this and if there are problems at the recorder's office it could be addressed at that time. Councilmember Bolkcom asked if the City would maintain the trail. Mr. Haukaas said that it is a City trail and it is owned by the City. It would be maintained like the other bike paths. No winter maintenance is done on these paths. Councilmember Bolkcom asked if the donated property would be maintained by the City. Attorney Knaak said the act of donation is the easement. MOTION by Councilmember Bolkcom to approve the motion to accept an Easement Agreement from Larsen Enterprises (Slumberland), an Easement Agreement from Shamrock Development, Inc., (Springbrook Cove), and an Act of Donation Agreement from Wal-Mart for the 85th Avenue Trail Project (Ward 3). Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. Licenses. Councilmember Bolkcom said the totals for the rental licenses do not add up. She asked if there could be more detail in the future when there are so many licenses. FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2007 PAGE 14 Scott Hickok made note of the rec�uest and stated that there were 138 licenses the 2"d quarter, none the 3rd quarter, and three the 4t quarter, which totals 141. MOTION by Councilmember Bolkcom to approve the licenses. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. Informal Status Report. Councilmember Bolkcom wished Mr. Haukaas the best of luck on his new venture and said Council will miss him. He has been great to work with. Councilmember Barnette added that Colorado's gain is our loss. William Burns, City Manager, said that Jon was a great employee. He was well liked and was a great team player. He will be missed. On behalf of staff he wished him the best of luck. Councilmember Bolkcom announced that Safety Camp starts on Tuesday and will finish up on Wednesday. Kids enjoy this camp and it is very educational. She also mentioned that the Fridley `49er Days celebration was a success. It takes a lot of volunteers to make this event happen and it really builds up community spirit. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 9:36 P.M. Respectfully Submitted by, Krista J. Monsrud Scott Lund Recording Secretary Mayor