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08/13/2007 - 00029161CITY COUNCIL MEETING CITY OF FRIDLEY AUGUST 13, 2007 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:27 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led 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 Layne Otteson, Assistant Public Works Director Andrew Villella, Intern Laurel Tracy, Intern PRESENTATION BY ANDREW VILLELLA — SYSTEMATIC CODE ENFORCEMENT INTERN Scott Hickok, Community Development Director, introduced Andrew Villella. Mr. Villella was the City's code enforcement intern this summer and did an excellent job. He is a student at St. Cloud State University in the area of urban studies with an emphasis on planning. Andrew Villella, code enforcement summer intern, stated there were over 8,854 properties that were inspected by systemic code enforcement. There were nearly 430 properties that were found with code violations. Approximately 92 percent resolved their violations after the first notice. It showed that the residents of Fridley were more than willing to come into compliance with their code violations. Code enforcement is an ongoing effort to keep the City looking neat and functioning in an orderly manner. Planning staff receives daily phone calls and complaints which then result in follow-up that can be timely and expensive in administrative work. Systematic code enforcement can be a proactive practice. Because we sweep through every property in every neighborhood, we can eliminate problems before they get out of hand. It also improves the city's image, raises its property values, and frees up planning staff time for other projects. It reduces crime and raises residents' awareness of proper property maintenance. FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 2 Mr. Villella stated the properties included multi-unit and single-family residential. There were 730 first notices sent and only 34 needed to have a final notice. Of those 34, 5 needed further action in the form of a letter. He did sent 53 lawn abatement letters and 10 of those needed to be abated. He granted 27 e�tensions and, in most cases, those were people who had been ill for the summer or had a death in the family and just needed more time to clean up. Mr. Villella stated the top five code violations were very consistent with the complaint code violations that are received by the planning staff throughout the year. Outside storage is almost half of them and is the biggest code violation the City has. Inoperable or improper vehicle parking is also big. There were a lot of brush piles, lawn grass and leaves, and solid waste. Mr. Villella showed a map of the City that marked the locations of the violations and there was no neighborhood that had any more violations than the others. In conclusion systematic code enforcement is a valuable tool which has been proven effective in the past. It helps resolve code violations before they get out of hand and keeps the e�erior of properties clean and functioning appropriately. There will still be code violations in the future; however, systematic code enforcement has made the amount of violations significantly less. Mayor Lund asked whether this is something they need perhaps every other year. He asked if there had been any discussion on this. Mr. Villella replied from what he has seen this summer a lot of the code violations were with solid waste, such as bags of leaves from the previous fall left out. Things like that are annual problems. Therefore it should be done annually. Mr. Hickok said this gives them an opportunity to get ahead on complaints. They would like to continue with this if it works budget-wise. Councilmember Bolkcom asked if there was anything else Mr. Hickok could recommend to them besides doing this yearly. She said she has received fewer complaints this year than she has in the past. Mr. Hickok replied at one time they had one full-time code enforcement staff person and clerical staff to assist. Since they no longer have that, they have divided the responsibility among the remaining five Planning division staff. It has been very effective, but it does not allow them to get ahead of the curve. It does not allow them to get out and systematically inspect. It simply allows them to respond more on a reactive basis. This summer they were able to get the bulk of the complaints that would be coming in and catch them before they became complaints. He thinks over time, on a continuum, they would see complaints diminish. The more they can keep ahead of the curve, the better neighbors will be helping neighbors. Councilmember Bolkcom stated it seems to her unless they continue to do some type of systematic thing, they will continue to deal with the same people because she has to believe some of these are repeat customers. FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 3 Mr. Hickok said they would like to raise the level of understanding and maybe residents will start to understand the City Code better. PRESENTATION BY LAUREL TRACY ON HOUSING CONDITIONS STUDY Mr. Hickok stated Laurel Tracy is an architecture intern who goes to N.D. S.U. and is working on a Master's degree in architecture. She is also a Fridley resident. They were very fortunate to have her hired by the HRA and do a housing condition survey for them. Laurel Tracy, intern, stated this summer her primary task was to complete a survey of the conditions of the City's housing stock The survey served a number of purposes: to help establish a general understanding of the conditions of our housing, use this information to help inform our process of updating the Comprehensive Plan, use this information to help evaluate our need to establish a Housing Maintenance Code based on actual observed conditions, and finally, use it to evaluate our need to target home improvement funding for a specific neighborhood or types of home improvement projects. Ms. Tracy stated to collect the data they did a systematic survey of every residential property in Fridley. This included both single and multi-family units. It excluded manufactured units because the characteristics of houses did not match criteria for the survey. They used five categories to evaluate the condition of each house. Using a 3-point scale, they rated the roof, soffits and fascia, the siding and paint, the windows and doors, and the foundation. A score of "3" meant excellent, and a score of "1" indicated a need for repair. The computer then took these 5 components and calculated an average score for each home. Ms. Tracy stated regarding the roof component, the majority of homes in Fridley received an excellent score; 68 percent of our homes have roofs in excellent condition. They suspect that the major storms that went through the community, resulting in roof replacements, were a large contribution to this percentage. Ms. Tracy stated regarding the second component, soffits and fascia, 88 percent of homes in Fridley received an excellent score for this category. However, while she was out in the field, she did notice that peeling paint on soffits and fascia was a fairly common problem. This, however, is reflected in the ne�t category, siding and paint. Ms. Tracy stated 68 percent of homes in Fridley received a score of excellent in the siding and paint category. She suspects that the lower percentage of this category is the result of some of the more typical cosmetic problems she noticed while in the field. This includes the peeling paint on the soffit and fascia boards and also peeling paint on window and door panes. She also noticed that vinyl siding on even some of our newest development projects and newly remodeled homes often suffered from disrepair. Ms. Tracy stated regarding the fourth category, windows and doors, 89 percent of windows and doors are in excellent condition. However, though most windows are not necessarily in a state of disrepair, she would suspect that most homeowners would prefer to upgrade to more energy FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 4 efficient windows. She also noticed, while out in the field, that faded screened doors, damaged garage doors, and front doors damaged by dogs were fairly common. Ms. Tracy stated regarding the fifth category, foundations, the survey was completed simply from the street in order to respect residents' privacy and to prevent any trespassing issues. However, most foundations in Fridley are not necessarily visible from the street. She spoke with City inspectors and a number of residents and asked them what they thought of their foundations just to get more of a general idea. It was decided that, unless there were signs of obvious settling or disrepair, it was safe to assume that the foundation of a home was in excellent condition. Based on these criteria, they found that 98.7 percent of Fridley homes have foundations in excellent condition. Ms. Tracy stated looking at the averages, while she was out in the field, she took notes of the scores homes were receiving and their general appearance. Using this informed information, she developed four scoring categories. A home that received a 2.6 to a 3 generally appeared in excellent condition. A home that received a score of 1 was in need of repair. Out of over 7,000 homes in Fridley they only had three that received a 1; 85 percent of our homes are actually in excellent condition. The homes are well distributed throughout the City. Councilmember Bolkcom stated peeling paint does not make a home have an excellent rating, but those are some of those issues they hear from some people. She asked what staff thought about having some type of e�terior code maintenance. Mr. Hickok replied the important thing they discovered through this is that the homes were generally in very, very good condition. That was factored in when determining what criteria would be used. There were a number of situations where paint might be the issue on the house but did not by itself give it a poor rating. He thinks generally the criteria were laid out to get precisely the types of things they are looking to get at. Councilmember Bolkcom asked if they need to address any issue at this point. Mr. Hickok replied one of the good things about this is they have identified where problems exist, and it allows them to help work with property owners and their housing problems. One of the reasons why the HRA felt this was such an important thing is because they do offer loan programs and home improvement programs. Those homes rating in the 1.2 — 2.0 range would certainly be good candidates for our programs. They can do more specific marketing programs to some of those homeowners who may not realize we have them and can help them out. Councilmember Barnette stated he received a complaint from someone about their neighbor who had gutters falling off, had not painted the house in 20 years, and woodpeckers had put holes in the siding. Does the City have some kind of control to make that person do something about that? Mr. Hickok stated when they get that kind of complaint, they take a look also and to see if it even meets the minimum standards from a building code perspective. We do not have a Housing Maintenance Code but if there are characteristics about the home that indicate it should not be FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 5 occupied, they would evaluate that and talk to homeowners directly about getting involved in some of the home improvement programs. Residents can have a free remodeling advisor visit their home. That might be a good first step for them because the advisor will leave them a report on what their house condition is and what their recommendations would be. Councilmember Barnette asked if that homeowner comes back and does not do anything, do they have a lever at this time to get the homeowner to upgrade until the neighbor says it looks good. Mr. Hickok replied, no. One of the things about a Housing Maintenance Code is really it can be cut both ways. You may look at this score and ask, do we really need a Housing Maintenance Code. On the other hand you might say, 85 percent of our homes are in good to excellent condition, maybe this is the best time to initiate a Housing Maintenance Code when it does not have a lot of controversy wrapped around it. This study was not meant to prove or disprove that a Housing Maintenance Code was necessary but really to get a handle on what our conditions are throughout the entire community. Councilmember Bolkcom asked if 85 percent is enough and if they need to do something to try and keep that score up. She asked Mr. Hickok if he had any idea what other cities were doing. Should they possibly do it every five years? Mr. Hickok replied he did not think this was original to Fridley. This was done ten years ago, and one of things they found was our homes generally are in very, very good condition. Probably better condition than they were ten years ago. One of the contributing factors was probably the two major storms we had in the last ten years, causing homes to get reroofed and resided. Councilmember Saefke stated one of the complaints he seems to get quite often is landscaping. He asked if that counted at all towards the survey. Ms. Tracy replied when she was out in the field, occasionally she would get an opportunity to talk to a resident and she would make a point of asking how they felt about adopting a Housing Maintenance Code and if it was something the City needs. If they were pro-housing maintenance code, the first thing they would say is, yes, that person does not cut their lawn. The survey was not accounting for that and they were specifically looking at the house on the property and not the lawn because that is already addressed by the City Code. However, she did find it interesting that usually what came to mind was usually the landscaping. Councilmember Saefke stated several years ago he knows the Sewer Department did a survey for sump pumps in basements so they would be separated from the sanitary. He realizes that foundations were just observed from the street, but he knows from his own experience there are certain locations where the water table is high. He witnessed some foundations that actually had water spilling onto the basement floor. The other issue that is rearing its head today, the same as it did in 1987 through 1989, during the last drought, is some of our areas have clay. The clay is probably drying out which means it is shrinking. He knows they had a lot foundation problems FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 6 then in the general area of Horizon and 53rd Avenue. He asked if any calls had been received about that. Mr. Hickok replied they are aware of two. One has been demolished and the other one has been repaired. Councilmember Bolkcom asked Ms. Tracy what her advice would be to the City Council. Ms. Tracy replied she would say we are actually doing quite well. It was interesting to see that they actually have some areas that can even be defined as historic districts, and she thinks it would be interesting to explore opportunities to make sure those stay in good condition. She would say that in general, while she was out in the field, she had very positive feedback from residents who are very proud of their City. If they wanted a housing maintenance code, it was either to protect what was already here. PRESENTATION BY `49ER DAYS ROYALTY. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of July 23, 2007. APPROVED. OLD BUSINESS: 1. Second Reading of an Ordinance Amending Chapter 206, Building Code, Adopting the 2007 Minnesota State Building Code and Amending Permit Fees; And, Adopting Official Title and Summary Ordinance. William Burns, City Manager, stated the changes relate to costs of electrical inspections, charges to contractors for use of public water on construction sites, and the changes incorporated in the 2007 version of the State Building Code. Staff recommends that the City's electrical inspection costs be made consistent with State law. Staff also recommends that the following changes be made in fees charged to contractors for water during construction: Cost of the water used during construction be raised from $1.25 per 1,000 gallons to $1.30 per 1,000 gallons used. Minimum charge for water used be raised from $10 to $20. The cost to fill a tanker be raised from $10 to $20. The cost for patching streets for water taps changed from $400 per square foot to the actual cost of repairing the street. Although the State has not yet provided copies of all the building code changes for 2007, staff is recommending that Council adopt the 2007 State Building Code by reference. This will enable staff to incorporate the changes as they are made. Staff recommends Council's approval of the second reading of the ordinance. FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 7 WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1245 ON SECOND READING AND ADOPTED THE OFFICIAL TITLE AND SUMMARY ORDINANCE AND ORDERED PUBLICATION. 2. Approve Tower Site Agreement Between the City of Fridley and T-Mobile Central, LLC, for the Installation of Cellular Antennas on the Marion Hills Water Tower (Ward 1) (Tabled July 23, 2007). William Burns, City Manager, stated this item was tabled at the July 23 council meeting with direction to staff to respond to five issues raised by Councilmember Saefke. The first concern had to do with the involvement and concurrence of the Water Division Supervisor. Although the supervisor was not initially involved in evaluating this proposal, he has reviewed the plan and concurs with the proposed location of the T-Mobile storage shed on the south side of the tower. Dr. Burns stated Councilmember Saefke's second concern had to do with the potential interference with the City's telemetry system that also operates from the tower. The issue has been reviewed with our SCADA consultant. He has determined there is no conflict from the standpoint of frequency interference. T-Mobile has agreed to cooperate and make certain there is no line-of-sight interference as well. Councilmember Saefke also raised concerns about how T-Mobile will gain access to their storage shed during a snowstorm. His concern will be addressed with the construction of a surrounding curb that will enable the City snow plow operators to push snow from the parking lot across the sidewalk that serves the storage shed. Councilmember Saefke's fourth concern was placement of the storage building. He suggested that staff consider locating it inside the fence that surrounds the tower. Staff, including the Water Division Supervisor, have reviewed this option and determined the building is better situated outside the fence on the south side of the tower as proposed. Councilmember Saefke also expressed concerns about the labeling of the tower site as the Johnson Street tower. Although the Johnson Street right-of-way has never been vacated, they are replacing references to the Johnson Street tower with references to the Marion Hills tower in the Agreement. Dr. Burns stated the terms of the lease agreement are as follows. T-Mobile will place up to nine antennas on the tower in bunches of three. It will be granted an access easement and area for construction of the 10' x 12' storage equipment building. The Agreement provides for a monthly payment of $1,750 plus an additional $125 per month for each additional antenna after the first nine. The rent is to be increased annually by an amount equal to the CPI but not less than 2 percent or more than 5 percent. The term of the lease is five years with an option to e�tend the lease for four additional five-year periods. Staff recommends Council remove this item from the table and approve the Tower Site Agreement. THIS ITEM WAS REMOVED FROM THE TABLE AND APPROVED. NEW BUSINESS: 3. Resolution Approving a Plat, P.S. #07-02, JJ Addition, by Eugene Jankowski, for the Purpose of Creating Three Single Family Lots, Generally Located at 1400 and 1420 Rice Creek Road N.E. (Ward 2). FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 8 William Burns, City Manager, stated this is a replat of two large family lots into three single- family lots. With Council's approval of the preliminary plat, the County has asked staff to include a seventh stipulation. The stipulation requires that the petitioner get the necessary permits from the County before starting work in their right-of-way. Staff recommends Council's approval of the additional stipulation and the final plat. ADOPTED RESOLUTION NO. 2007-36. 4. Resolution Receiving Final Plans and Specifications and Authorizing the Advertisement for Bids for Street Improvement Project No. ST. 2007 — 3(Quiet Zone). William Burns, City Manager, stated the design includes concrete medians, signage, driveway entrance alignments, and striping. Construction will occur at the 77th Avenue and Osborne Road railroad crossings. The work is being done to comply with Federal Railway Administration requirements for the creation of Quiet Zones at these crossings. Access changes have been worked out with each of the three impacted property owners, and staff is estimating project costs will be $65,000. The project will be funded with MSAS funds. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2007-37. 5. Receive Bids and Award Contract for the ST. 2007 — 2 Mill and Overlay Project. William Burns, City Manager, stated they opened six bids on Wednesday, August 8. The low bid was received from Northwest Asphalt from Shakopee, Minnesota, in the amount of $287,845.90. The bid is for mill and overlay work on portions of 61st Avenue from University to Seventh Street, and Seventh Street from 53rd Avenue to 61st Avenue. Staff recommends council receive the bids and award the contract to the low bidder, Northwest Asphalt. RECEIVED BIDS AND AWARDED CONTRACT TO NORTHWEST ASPHALT IN THE AMOUNT OF $287,845.80. 6. Resolution Authorizing Traffic Control Signal Agreement No. 91252R for the Replacement of the Traffic Control System on TH 65 and Osborne Road. William Burns, City Manager, stated Council approved a preliminary agreement for replacing these controls in October 2005. Since the agreement does not provide for internally illuminated name signs, they are asking Council to approve the agreement and authorize staff to add the street name signs. Since they have included these signs on similar projects on University Avenue and Highway 65, they are recommending Council approve this expenditure of an additional $10,000 for this purpose. The inclusion of the signs will bring the City's contribution to this project to an estimated $43,777. MSAS money can be used to cover these costs. Staff recommends Council's authorization to sign the current agreement with MnDOT and to add, at a point where it is appropriate, the internally illuminated street name signs to this agreement. FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 9 ADOPTED RESOLUTION NO. 2007-38. 7. Resolution Accepting the Act of Donation from Wal-Mart Real Estate Business Trust to the City of Fridley Dated August 1, 2006, Conveying Land for the 85tn Avenue Trail Project. William Burns, City Manager, stated Wal-Mart donated a 25-foot strip of their land in the City in August for purposes of building the 85th Avenue bikeway. City Attorney, Fritz Knaak, is recommending Council formally accept that donation by passing this resolution. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2007-39. 8. Approve Pre-Production Change Orders 1-3 for Job No. 2731 (wh) and Pre- Production Change Orders 1-3 for Job No. 2732 (wh) for Two Rescue Trucks for the Fire Department. William Burns, City Manager, there are three change orders, including credits and debits, for the two rescue trucks for the Fire Department. The total cost to the City for the changes requested by the Fire Department is $790.00. Staff recommends Council's approval. APPROVED PRE-PRODUCTION CHANGE ORDERS 1 THROUGH 3 FOR TWO RESCUE TRUCKS FOR THE FIRE DEPARTMENT. 9. First Reading of an Ordinance Recodifying the Fridley Code by Amending Appendix F to Provide for the Adjustment of Salaries for the Mayor and Councilmembers in Accordance with Section 2.07 of the Charter of the City of Fridley. William Burns, City Manager, stated this increase is consistent with the planned cost-of-living adjustment for City employees. It brings the salaries to the following levels: Mayor, $10,530.56, Councilmember-at-Large, $8,649.68, and the three ward Councilmember salaries to $7,647.15. The proposed salaries are generally consistent with the mean set salaries for cities in our population group. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 10. Claims (132795 - 133089). APPROVED. 11. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 10 12. Estimates APPROVED THE FOLLOWING ESTIMATES: Standard Sidewalk 10841 Mankato Street N.E. Blaine, NIN 55434 2007 Miscellaneous Concrete Repairs Estimate No. 2 ............................................. $ 17,645.94 Forest Lake Contracting 14777 Lake Drive Forest Lake, MN 55025 2007 Street Improvement Project No. ST. 2007 — 1 Estimate No. 2 ............................................. $352,102.07 13. Appointment of Public Works Director, James P. Kosluchar. William Burns, City Manager, stated James Kosluchar's appointment will be effective September 10, 2007. He will have an annual salary of $89,460.80. He is currently a project manager for a private engineering firm in Fort Myers, Florida, where he has been managing and designing transportation utilities and private land development projects since 2001. Prior to his work at Fort Myers, he worked as Public Works Director for the City of Chisholm for seven years. Before Chisholm he worked as an applications engineer for EPG Companies. He has also interned with the Metropolitan Council and worked for two years at a part-time liquor store clerk at the Fridley Liquor Store. Mr. Kosluchar graduated from high school in Chisholm, Minnesota. He holds a Bachelor's Degree in civil engineering from the University of Minnesota. He has also been actively involved in the American Public Works Association, in both Minnesota and Florida, and once served on MnDOT's State Aid Committee. Mr. Kosluchar is one of three finalists for our position. He demonstrated very strong analytical skills as well as good communication skills in a lengthy questionnaire that all candidates were required to complete. He also demonstrated the same skills in his oral interview with the City Manager, Human Resources Director, Community Development Director, and the Parks and Recreation Director. Staff recommends Council's approval. APPROVED THE APPOINTMENT OF JAMES KOSLUCHAR AS PUBLIC WORKS DIRECTOR. Councilmember Varichak asked that Item 9 be removed from the consent agenda. MOTION by Councilmember Barnette to approve the consent agenda as presented with the removal of Item 9 and placed as Item 14. Seconded by Councilmember Varichak. FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 11 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item 9. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): Spencer Minear, 1291 Gardena Avenue, said Stipulation No. 7 of Special Use Permit #04-06 approved at the January 3, 2005, meeting has not been satisfied. Once he and his wife saw the results of the fence developed on the project, they attempted to express their concerns by calling and leaving a telephone message with Councilmember Varichak. Her response was to ignore the call. They never got any response. A couple of weeks later, he sent an e-mail to Councilmember Varichak, Mayor Lund, and Councilmember Barnette on the same concern and included copies of photographs of the fence in question. The stipulation in question reads, "The petitioner is to provide landscaped hedges and up to an 8-foot privacy fence along the west and south properties when a parking area is abutting single-family residences." He referred to the photos in front of Council. Mr. Minear stated Councilmember Varichak responded by deferring to a letter by Mayor Lund which was attached to her response. The Mayor makes the following claims: "In hopes to answer your question, I submit the following. City staff has represented the interest of the community and specifically the residents near the Al-Anal School." He said he totally disagrees with that statement. The Mayor continues, "The fence you see today meets the standard for a privacy fence." Mr. Minear really cannot understand how they can possibly make the claim that the fence you can very clearly see through, is a privacy fence. Mr. Minear stated he searched the neighborhood for construction that included privacy fences. The Holiday Station at Old Central and Highway 65 has an 8-foot wood privacy fence. He looked at the International Ministerial Fellowship building built on Moore Lake Drive recently. It had an 8-foot wood privacy fence. He looked at the Federal Credit Union on Old Central and Rice Creek Road, a recent development, and it has an 8-foot privacy fence. Any place where there is parking abutting a residential property--even multiple residences. Not one of these recent projects with the parking ne�t to residential has a fence that is anything like the fence in the photographs. You can see right through the fence. Mr. Minear stated all he can conclude is there has been a radical change of City standard and, if redone today, not one of those three projects would have to put in the protection they have provided to the neighborhoods. If you look at the photo he provided, you can see the construction worker standing at his truck at probably 150 feet away from where he took the picture. Simply trying to insist that it is a privacy fence that satisfies the promise that they made and the approved stipulations does not make it so. They said, "Don't worry neighbors, we will have a privacy fence." In his opinion, what they got is sorely lacking. FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 12 Mr. Minear stated Mayor Lund's letter continues with, "Please keep in mind that creeping English Ivy has been planted by the fence and it will cover the fence and act as a hedge as well." There are three serious problems with this answer. The first obvious issue is ivy is not provided for in the stipulation which reads, "The Petitioner will provide landscaped hedges and a privacy fence along the west and south properties when a parking area is abutting a single-family residence." The single obvious fact is that ivy is not a hedge. Anymore than saying this is a privacy fence. They will make it provide for privacy. If they do not have a hedge, and they do not have a privacy fence, how can you possibly claim this satisfies the stipulations. Mr. Minear stated the second issue with the use of ivy is the stipulation does not say that privacy will be provided in 12 or 24 months down the road. The plants in the photographs are about 6-inches tall, and the stipulation does not account for this time delay. For the use of the permit to be valid, privacy must be provided to the neighbors before the facility or at least the parking area is put into use. During all of the public meetings that led up to this vote, the issue of privacy and the expanded parking area was very significant. They were promised that they would have a privacy fence before the facility was put into use, not 12 months or 24 months later or whatever it would take for the vine to grow and cover the fence. Mr. Minear stated the third, and most serious problem with the idea of using English Ivy on this fence, is the idea of using ivy at all. First, if someone on the City staff had looked at all of the stipulations for this particular special use permit, they would have seen a long list of old stipulations. Among those old stipulations is one that reads, "The property owners shall take care of the weeds problem by August 1, 1989." That is 18 years ago, and they have been struggling with this issue. If City staff is so concerned about the interests of the neighborhood, they would have checked and they would have learned that behind the wording of that stipulation, is the fact that vines on the fence was a major weed problem that needed to be addressed. It was many years after that stipulation in 1989 that was written that they finally managed to get the vines on the fence problem resolved, pulled out of the trees, pulled off the power pole, and all the other problems that they caused. Now they are going to intentionally plant vines on that fence and reverse 20 years of progress in trying to clean up the mess. In the future as in the past, vines are not going to stay on the north side and the east side of the fence (which is the owner's side). You cannot train a vine to stay on a fence. It will grow wild from the fence to nearby trees, up the power poles as it did in the past, and into neighboring gardens like his which abuts that property, and the local woods area where it is not welcome. In addition, English Ivy has been put on the list of the least wanted alien plant invaders of natural areas by the National Park Service. Mr. Minear stated common sense and simple courtesy demands that nothing is grown on a boundary property fence without the mutual consent of both parties. City staff who is so concerned with his interest, never asked. They just did it. He is stating publicly and emphatically he does not want and will work very hard to make sure that weed is not grown on the fence right ne�t to his property where he has his vegetable garden. He worked for a lot of years to clean out the old vines. In light of the facts presented, no hedge, no privacy from the fence, the reintroduction of vines on the fence after 18 years of trying to get rid of it, and the introduction of a plant noted by several government agencies as a dangerous weed of known toxic issues, he hopes the Mayor will not be insulted if he states very simply he does not believe FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 13 him when he says, "City staff has represented the interest of the community and especially the residents near the Al-Amal School." He tried to figure out how a solution this bad could be created. It is simply not a solution. It is the start of many more serious problems. The sad fact is that no one has the common sense to see that the problem is coming, is willing to call it a bad solution, and work to get it fixed. They are just redefining terms to make it look good and hope they will go away. Mr. Minear stated he expects the Council and its legal staff to get this problem fixed and ensure that the parking lot is not used until the stipulations are met. Mayor Lund stated staff thought they really were looking out for the residents' interest. Mr. Minear does bring a very good valid point about the English Ivy. The reason why that fence became an issue and the hedge was because the Al-Amal School was going to put in an open swale for their drainage and it was going to be located at the front entrance where the home was recently removed. Since these stipulations were put into the record, an underground storage tank became necessary which was a big expense. It raised the elevation of the parking lot significantly. Now they have some different slopes to work with. Mayor Lund said although a wood fence would be more quickly a privacy fence than one with steel and slats in it, a wood fence is going to take constant maintenance. A wooden fence rots and wind could get at it and blow it over and it needs to be stained and it could warp. So the thought was to put in this type of fence that does meet the standards for a privacy fence. He realizes that you can see through the fence and that is why they put in the ivy because it is fast growing. Mr. Minear brings up some valid points about it being invasive. However, whether it is a hedge or an ivy, that there is going to be some maintenance there. They are going to have to trim the ivy, and how they are going to trim that is a concern. Are they going to be walking in Mr. Minear's garden or along somebody else's property line to trim and keep that maintained as more of a hedge. Mayor Lund stated it was not done to save monies or for some ulterior motive. It was not something discussed between himself and the councilmembers. It was a decision to meet the stipulations, not something less. Mr. Minear does bring some valid arguments about the type of plant material and how they are going to maintain it on Mr. Minear's side. Mr. Hickok stated Dr. Minear is absolutely right when he talks about English Ivy. Unfortunately in an earlier e-mail the term "English" Ivy was used but that is not the ivy that is being planted. It is "Engelmann" Ivy. They are two different things completely. Engelmann ivy is sold at nurseries. It is sold to be planted in the landscape, and it is used for precisely this purpose. They have had and used Engelmann ivy on a number of different situations. If you drive down Main Street, you can see it in the area of I-694 on the west side of the drive. Mr. Hickok stated Dr. Minear is right, that in earlier stipulations, and Mr. Hickok knows those well as he is the person who drafted the stipulations that were approved and he knows the stipulations that were here from years ago, the fence as it exists right now has ivy on it. If you look to the north and the west beyond where the new school addition is, there is ivy on it right now. It creates a very nice screening hedge around those northern edges on a fence, that are FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 14 much lower in height, but if you want to see the effect of what Engelmann ivy can do and will do, take a look at those northern edges, you cannot see the chain link fence anymore and you cannot see through it. One might ask what happens in the winter, it is not an evergreen, but it does have a thick thatch of vines that grow and can be shaped to precisely what you want it to be shaped to. It is an issue, it is a concern about going down over the side. However, it does need to be trained to grow up the fence, and it will be. The school knows they need to train the ivy and have their landscape people ready to make it go up the fence. As far as climbing the trees on the neighboring properties, they know that can be an issue. They know the purpose is to provide a screen along the fence and they are quite aware of that. Mr. Hickok stated there was a debate about whether to keep this second chain link fence and have an area between. One of the biggest problems that would have erupted later and would have been a code enforcement problem, is if they had left that short chain link fence and then another chain link in a relatively small area, where you can get a mower or weed whip, you cannot effectively clean it around. Thankfully, only one fence exists today. That fence will have Engelmann ivy on it. They will certainly have a very, very nice screen in a relatively short period of time. There is a wood fence between the Polk Street Apartments and a single-family home on Polk Street that is right behind it. There is Engelmann ivy that is growing on that fence. It is not really recommended for wooden fences though because it does not allow the wood fence underneath to breathe. That is an important feature. Mr. Hickok stated another point is there is an ongoing maintenance issue with wooden fences that can be a problem and also the wind can be a problem. You have a retaining wall with a fence on the top of it because there is a very expensive ponding element underneath the parking lot. You have a retaining wall and then you have a fence on top of it. You have these resistive forces, and then you have the wind you need to deal with. If you put in a wood fence and it snapped off, what kind of response and turn around time you get would be expected of those folks to take care of that issue. You can expect the steel posts are going to stand there. They need to actually submit engineering prior to building that fence to demonstrate it would handle the wind loads, and then the vine is put on it to provide privacy. It was not done with any sort of lack of thought. It was carefully thought through and it was the neighbors that staff was thinking about because they are the ones that have the privacy fence. They chose a nice privacy fence as opposed to one that may eventually need maintenance a year or two down the road. Councilmember Bolkcom stated her recollection is that there was a big thing about the fence. Since when if they have to maintain it, if the fence blows down, has it become the City's issue? She thinks of Burger King where the fence blew down and she knows it took a while for it to get back up. She remembers from the minutes that it had to be a wooden fence and now it is a cyclone fence with ivy. She asked since when has that become an okay thing now because it might blow down, etc. and they have to maintain it? Would they not expect anybody to maintain their fence, whether it be a chain link fence or wooden fence. She is a little lost as to how it switched over. Mr. Hickok replied before he met with the engineers, knowing the purpose of the school's engineers, when they came into to see City staff. FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 15 [MEETING STOPPED BECAUSE OF TORNADO WARNING] [MEETING RESUMED AT 9:27 P.M.] Councilmember Varichak stated she apologizes that she did not get back to Mr. Minear. If he left a message on her home answering machine, it could have been deleted by her daughters. If he left it at the City, she apologizes for not answering it there. She did receive his e-mails and forwarded them to Mr. Hickok and the Mayor. She is brand new at this so she is just relying on the professionals to tell her what they feel is the best way to do this. She just received the minutes of the January 3 meeting and she has not had time to look them over. She does understand the concerns of the wooden fence. She herself has a 6-foot wooden fence around her home that she thoroughly enjoys. It is very private and when part of it blows down she feels invaded. They have had a lot of discussion about this and hopefully they will come to some resolution that will be satisfying to both. Mr. Minear stated he agrees that wood maintenance is higher than steel, but the vines are not going to be low maintenance. They are going to be high and constant maintenance. At least with a wood fence you can schedule the maintenance. It is a different variety than what he was referring to but it is still ivy. Ivy is going to go to sunlight. They are trying to grow ivy on the north side of a privacy fence. The ivy is going to try and put its leaves through the fence and up the south side which is his side, which means he has to maintain it or have people tromping around in his vegetable garden. Mr. Minear stated regarding the elevation change and the cost, that was a significant issue in the redesign. Bad engineering is not an excuse for why he does not get a privacy fence. It complicates the engineering project, he accepts that. However, he is an engineer, he knows what complications are. The requirements have to be met. It is common sense and simple courtesy to demand that nothing is grown on a common boundary fence without consultation of both sides. He was not consulted and he does not believe the neighbors were consulted. Mr. Minear stated the other thing Mr. Hickok pointed out that with a different variety of ivy, the English Ivy would be better in one sense because it is evergreen. This is a schoolhouse that has its highest activity in the winter. So the headlight and interference problem is going to be much greater in the winter. The Engelmann ivy is a deciduous plant; therefore, it is going to lose its leaves and its effectiveness. All he is going to get for privacy is the sticks of the vine. He does not think that is going to be acceptable. Mayor Lund stated that Mr. Minear is an important resident in our community, and they want to resolve the issues to the best of their abilities. He agrees that the slats are not an immediate source of privacy. Councilmember Barnette stated there are a lot of slats available he thinks for chain link fences that are wide enough to fill the gaps and, as long as they are going to be looking at all of this, that would be something to look at. FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 16 Mr. Minear stated the bottom line is he does not want any ivy. The slats are pretty thin but better than having headlights shining in his window all night long. Mayor Lund stated they will get back to him regarding this issue. Councilmember Bolkcom asked Dr. Burns what their revenue loss for water usage is right now. Dr. Burns replied, $3,500 a day. Councilmember Bolkcom stated she thinks people should be aware that they had the highest water usage of 10.4 million gallons of water on August 1 and right now our revenue loss is $3,500 a day. Mayor Lund commented it cannot go on much longer. Councilmember Bolkcom stated that if anyone is asked to sign a petition, think about the $3,500 a day loss. NEW BUSINESS: 9. First Reading of an Ordinance Recodifying the Fridley Code by Amending Appendix F to Provide for the Adjustment of Salaries for the Mayor and Councilmembers in Accordance with Section 2.07 of the Charter of the City of Fridley. Councilmember Varichak stated they are losing $3,500 a day and she guessed she is not privy to the way the increases are stated for the Mayor and councilmembers but she would have to say that because of the way the utilities fees are and the state of the City, she is not in favor of a raise for the councilmembers. William Burns, City Manager, said in the last couple of years, Council has agreed to a cost-of- living adjustment. The City Charter requires that they bring this before Council. There is a calendar limitation as to when they can bring it up. Mayor Lund stated it is not a big issue to him if Council wants to vote not to take the raise. Councilmember Barnette stated he thinks over the years they have been very frugal. They went for about five or six years at one time with no raise. Just in the last two or three years they looked at this and gave themselves a raise. If they were to vote this down, that would not bother him in the least. Councilmember Saefke stated for himself he never ran for Council to make any money. Matter of fact he did not even know what the councilmembers made until after he was elected. He feels that Councilmember Varichak's motion is a symbol that the Council really does care about City's finances and they are trying to do the best for the City of Fridley. FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 17 MOTION by Councilmember Varichak to not adopt the first reading of an Ordinance Recodifying the Fridley Code by Amending Appendix F to Provide for the Adjustment of Salaries for the Mayor and Councilmembers in Accordance with Section 2.07 of the Charter of the City of Fridley. Seconded by Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. Informal Status Report. Councilmember Barnette stated he went to the University Avenue corridor meeting last week on the University acquisition of properties. They are having their second meeting on August 16 at 7:00 p.m. at the Community Center. They would like to invite not just the neighbors of those properties but other members of the City to attend. Mayor Lund stated he would just like to reiterate the importance of those meeting. This is the perfect opportunity for residents to be involved in local government. They are actually asking for your input as to what you want Fridley to be in the future. These series of ineetings are for the residents' benefit and they are being provided at no cost. He asked that people participate in this worthwhile endeavor. Councilmember Barnette stated the property they are talking about is basically University Avenue on the east side, from 57th Avenue to 61st Avenue. It is his understanding that the ne�t meeting will be a presentation of the different types of usage of those properties, whether it be housing, commercial, industrial or whatever. He thinks it is important to get the public out to say, I contributed to that idea. Mr. Hickok stated the ne�t meeting is Thursday, August 16, and there are two other dates which they will have on the Call on the Council tomorrow night and scrolling on the screen at future presentations. William Burns, City Manage, stated he thinks they have had it in the newsletter as well. September 6 is one. Mayor Lund said September 20 that is the fourth and final meeting. William Burns, City Manager, said there was another recycling event this past weekend and it was successful. Mr. Hickok replied it was very successful and thanked everyone for volunteering and for coming and cooperating. They had a great turnout. Councilmember Varichak stated she attended that and got there at 7:30 a.m. When she left at 9:00 a.m., cars were snaked all around the parking lot at Columbia Arena. It was a great and very successful event. FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 18 Mayor Lund stated as he recalls they have one more recycling event coming up. Councilmember Saefke stated it was Saturday, October 13. Councilmember Bolkcom stated people may have noticed on East River Road, that Center Point Energy is preparing to put the gas lines in. It is a big connection that will be taking place in Phase One of this year and Phase Two ne�t year. It goes all the way from Andover to northeast Minneapolis. It should not cause any disruption of traffic. or anything like that but that work is starting. She thought they were working at night. Dr. Burns replied this year they are drilling under the highways. Councilmember Bolkcom stated a letter should have been sent to affected property owners. Councilmember Bolkcom mentioned a letter addressed to Layne Otteson and the Parks Department related to the garden at Madison Park A neighbor wrote and thanked staff. Councilmember Bolkcom wanted to thank everyone involved with National Night Out. There was a lot of City staff involved and it was great to go out and hear from people. 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 9:53 P.M. Respectfully submitted by, Denise M. Johnson Scott Lund Recording Secretary Mayor