01/05/2009 - 4543�
� CITY COUNCIL MEETING OF JANUARY 5, 2009
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FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or
treatment, or employment in its services, programs, or activities because of race, color, creed, religion,
national origin, sex, disability, age, marital status, sexual orientation or status with regard to public
assistance. Upon request, accommodation will be provided to allow individuals with disabilities to
participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an
interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at
572-3500 at least one week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
OATH OF OFFICE:
Mayor: Scott J. Lund
Councilmember-at-Large: Robert L. Barnette
PRESENTATION:
Fridley Historical Society
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of December 8, 2008
City Council Meeting of December 15, 2008
FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. Approve Extension for Special Use
Permit, SP #07-09, for the Sikh Society,
to Allow the Construction of a Worship
Facility in an R-1, Single Family District,
Generally Located at 5350 Monroe Street
(Ward 1) ....................................................................................................... 1 - 2
2. Resolution Designating Official Depositories
for the City of Fridley ....................................................................................... 3- 5
3. Resolution Designating an Official Newspaper
forthe Year 2009 ............................................................................................ 6- 7
4. Resolution Imposing Load Limits on Public
Streets in the City of Fridley, Minnesota ......................................................... 8- 15
5. Receive Bids and Award Contract for the
85t" Avenue Trail Project No. ST2008-03 ....................................................... 16 - 24
6. Approve Change Order No. 1 for Elevated
Tank 2 Rehabilitation, Project No. 378 ............................................................ 25 - 27
7. Approve Preparation of an Agreement between
the City of Fridley and the Minnesota Department
of Transportation for the Trunk Highway 65
and Moore Lake Drive Traffic Control Signal
Replacement(Ward 2) .................................................................................... 28
FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 3
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
8. Approve 2009 City Council and Staff
Appointments.................................................................................................. 29
9. Claims ....................................................................................................... 30
10. Licenses ....................................................................................................... 31
11. Estimates ....................................................................................................... 32
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes.
PUBLIC HEARING:
12. Consider the 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 #05-03, by JLT East
River Road, LLC, Generally Located at 5601 East
River Road) (Ward 3) ...................................................................................... 33 - 45
OLD BUSINESS:
13. 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 #05-03, by JLT East River Road, LLC,
Generally Located at 5601 East River Road
(Ward 3) .......................................................................................................... 46 - 47
FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 4
NEW BUSINESS:
14. Approve Promotional Appointment of Three
Full-time Firefighters to Fire Captains ............................................................. 48
15. Resolution Receiving Report and Calling
for a Hearing on Improvement for Street
Rehabilitation Project No. ST. 2009-01 ........................................................... 49 - 51
16. Informal Status Reports .................................................................................. 52
ADJOURN.
CITY COUNCIL MEETING
CITY OF FRIDLEY
DECEMBER 8, 2008
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 732 p.m.
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
Richard D. Pribyl, Finance Director
James Kosluchar, Public Works Director
BOARD OF CANVASS
Receive and Certify the Amended Statement of Canvass From the General Election of
November 4, 2008.
Debra Skogen, City Clerk, stated the original canvass was held on November 10 and there is a
small clerical error on page 1 of the canvass report. The "under" total was actually reported as
"over," and the "over" total was reported as the "under" total. They have made the corrections
and are asking Council to recertify the canvass report.
Mayor Lund stated the totals really did not change.
Ms. Skogen replied that is correct. The "under" votes are votes where nobody voted, and the
"over" votes are where there are more than one vote for that race. Under the race for Mayor,
there were two incidents of the over vote. Therefore those two did not count against the race.
Mayor Lund asked if the over votes were pulled as an exception or as contested.
Ms. Skogen said no, nothing at this time.
Councilmember Bolkcom asked how it happened and how she found out about it.
Ms. Skogen said a question was asked about the number of over votes. She looked at the report
and realized she had put them in the wrong column.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 2
Mayor Lund said they should have caught it at the initial Board of Canvass meeting. He looked
at it and it seemed like an awfully high number of over votes.
Ms. Skogen replied it happens at every election. In the past, there was an incident where more
people voted for a question than they did for one of the candidates. It is hard to say what the
voter's intent is when he/she votes.
MOTION by Mayor Lund to Recertify the Amended Statement of Canvass from the General
Election of November 4, 2008. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADMINISTRATIVE HEARING
Abatement Appeal of Wayne and Kellie Liepke, 1634 Gardena Avenue N.E. (Ward 2).
MOTION by Councilmember Barnette to open the Administrative Hearing. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
ADMINISTRATIVE HEARING OPENED AT 7:40 P.M.
Scott Hickok, Community Development Director, stated the abatement process started with a
letter sent to Mr. and Mrs. Liepke regarding an encroachment into the Innsbruck Nature Center
Park City Code, Section 128, describes a process whereby the City can abate nuisances for
infractions in the City. In that process, 20 days are given to correct the violation, set an
agreeable schedule with the City or request a public hearing. In this situation the Liepkes
requested a hearing, and it was set before the Appeals Commission for September 10. The
Appeals Commission deliberated based on the offered testimony. A consensus was reached
among those commissioners, and the outcome supported staff's position, which was that the
abatement should move forward, and they should discontinue the encroachment into Innsbruck
Nature Center.
Mr. Hickok said the property is 80 feet wide and 135 feet deep, which represents 10,800 square
feet. The properties adjacent to the Liepkes are deeper. Their neighbors' properties are 295 feet
except the home immediately to the west of the Liepkes which is also 135 feet deep. The
encroachment into the park and beyond their property is 80 feet wide by 133.25 feet or 10,660
square feet which is public property being privately used by the Liepkes. A standard residential
lot is 9,000 square feet; and the amount of park property that is being used is 1.2 of those single-
family lots.
Mr. Hickok stated this may be one of the most beautiful abatements we ever find ourselves in
the midst o£ The Liepkes know how to landscape, and they know how to do it very, very well.
However, the issue is in a natural setting, like Innsbruck Nature Center, people would not realize
as they look at the subject property that it is not the Liepkes' backyard. The Nature Center is
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 3
meant to be a native planting area; a natural area where people can go and experience a different
kind of park with birds and other wildlife.
Mr. Hickok stated after the hearing, findings of fact will be prepared. Council's decision is final
and the petitioners shall act in accordance with the final decision. A question might come up
regarding a discussion they had with Jon Haukaas, our previous Public Works Director.
Mr. Haukaas indicated by e-mail that "I would have said that all structures have to be removed. I
may have said we weren't going to make them tear out lawn, etc., but I wouldn't have
specifically allowed them to keep a garden on park property."
Jack Kirk, Parks and Recreation Director, stated the Innsbruck Nature Center is a 24-acre park
that is owned and operated by the City of Fridley. It is a mostly undeveloped tract of land that
features some unique habitat and landscape. There are ponds, wetlands, forests, and some
significant elevation changes throughout the park The park has had for many years a system of
walking trails that allow park visitors to enjoy these natural elements. From the early 1970's
through 1982, Innsbruck Park was actually the home to our Nature Center operations. When the
interpretative building opened at Springbrook Nature Center in 1982, our Nature Center staff
moved out to that location. While Innsbruck Park saw a reduction in the number of people who
were using the trails, neighbors and residents in the area still continued to use that park for
walking and hiking.
Mr. Kirk stated one of the challenges of that particular park, are some elevation changes. It
makes it difficult to maintain trails. They have had some washouts, and it is has been an ongoing
problem. In 2006, our Public Works Director at the time, Jon Haukaas, suggested the City
consider an expansion and improvement of the trail system. He suggested looking into a grant
program that would allow us to put some off-road bicycle paths in the park. He presented that
idea to the Parks and Recreation Commission and there was some interest, but they wanted more
information. In preparation for the grant application, Mr. Haukaas had the City Surveyor look at
the park boundary lines so they could get an accurate reading. The City discovered that there
were a number of encroachments into the park land and there were some type of encroachments
on all four corners of the park. There were several cases where people were using park land for
personal use and purposes. There were also cases of people dumping debris, yard waste, etc. into
the park land. On December 28, 2006, Mr. Haukaas sent a letter out to all the property owners
surrounding Innsbruck Park, calling attention to the fact that there was a recent survey. There
were a lot of stakes/markers still out there that people could see. He asked that all the
encroachments into the park be removed and taken care of by June 1, 2007. He did this in
cooperation with the recommendation of the Parks and Recreation Commission. Some of the
property owners took care of the encroachments. Others did not. Properties were looked at
again in the summer of 2007, and there were still a number of encroachments that needed to be
taken care of.
Mr. Kirk stated the Parks and Recreation Commission discussed it again that summer, and
asked him to send another letter telling people they needed to take care of these encroachments.
This was the second letter that went out. The letter was sent on August 14, 2007, and a new
deadline of September 15 was set. Some people did call and were taking care of things.
However, once again not everybody did. On October 11, 2007, one of the families close to the
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 4
park wanted to make sure they were taking care of all of the encroachments and wanted to meet
with him on the site to make sure they were doing things properly. They knew where the
property line was, and they were getting their things taken care o£ He went and met them and it
turned out they did not have any encroachments. While he was there he noticed that the property
at 1634 Gardena had not attended to their encroachment at Innsbruck Park There was a shed, a
storage cabinet, some children's play equipment, a basketball stand and a hoop, a garden, and an
area planted with flowers, all on park land. The area surrounding all of these structures was
mowed grass.
Mr. Kirk said he stopped at the property to see if the property owners were home. They were
and he asked if they had received a letter from him. They acknowledged they had. He told the
owners that they needed to remove all of the property off the parkland as soon as possible since
they were about a little over a year into this process. He explained the first letter had gone out
the previous December, and he had sent a second one in August. He told the owner they were
going to be creating some new trails in the park, and a trail segment was actually going to be
included in the area that they were encroaching into. The homeowner did want to know how
close the trail was actually going to come to his property. He said he told the homeowner that
the trail had not been laid out so he could not give him any exact information.
Mr. Kirk stated the owner asked him in that meeting if everything had to come out, and he told
him, the items he had in the park had to come out. He told him he needed to stop mowing in the
area because it was a natural area and needed to go back to becoming natural. He stated the City
intended to put up a small sign in some of the encroachment area that indicated where the park
boundary was to make it easier for people to understand. The information he gave him seemed to
upset the homeowner, who indicated that his family had owned the house for 40 years, and had
always mowed back into the park area, even before it was a natural history area. He stated that
Mr. Haukaas, who originally had talked with him, had indicated that he did not have to take his
garden out. Mr. Haukaas had told him he needed to take out the structures, but as Mr. Liepke
understood his conversation with Mr. Haukaas, he did not have to take the garden out.
Mr. Kirk stated said he was working very closely with Mr. Haukaas on this project, and he
believed Mr. Haukaas and himself were both on the same page--that all encroachments needed to
come out of the park The property owner was upset and stated he would probably talk with the
elected officials about this item. He did tell the homeowner that he could talk to the Parks &
Recreation Commission about it.
Mr. Kirk said the properties were inspected again this spring, and two of the properties had still
not dealt with the encroachments. Scott Hickok and he made personal visits to the properties on
July 17. That is when they were given the abatement letter. They talked with the property
owners and told them they needed to take action. The Liepkes appealed and ask for a hearing
with the Appeals Commission which was held on September 10. They requested a hearing
before the City Council.
Mr. Kirk stated they have dealt with a number of encroachments over the years since he has
been the Parks and Recreation Director. There have been fences, landscaping, structures, and at
one point they even dealt with a six-foot satellite dish that was cemented in the City park land.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 5
Property owners oftentimes ask if they can buy the property from the City or just leave their
items there. He has tried to be very consistent with all of these encroachments and has said the
land belongs to all the citizens in Fridley and is not something they can give to one individual for
their personal use.
Mr. Kirk stated in this particular case, the City is not asking for any compensation for an
individual or family who has used public land for many, many years. All they want is for them
to remove their items and that the land become available for use by all the citizens of the
community.
Councilmember Bolkcom asked if staff had copies of the letters that were sent.
Mr. Kirk replied he does have copies of the letters.
Councilmember Bolkcom asked him to read the letters.
Mr. Kirk read the letters as follows:
1. December 28, 2006, regarding Innsbruck Park Boundary and Cleanup of
Encroachments. Dear Property Owner: The City of Fridley recently completed a
survey to verify the boundaries of our Innsbruck Park You may have noticed stakes
and pink ribbon running along your side or back property lines to mark locations of
property items we found in this process. This letter is going out to every property that
borders Innsbruck Park. We are asking each of you to remove any encroachment
onto park property that may have inadvertently occurred over the years. We also
request you clean up and remove any dumping of debris onto park land, including
trees and brush. We ask that this work be completed by June 1, 2007. Beginning in
June of the next summer the City of Fridley will again be inspecting the boundary and
will take code enforcement action to clean up and remove any remaining debris. Any
City cost to clean up of dumping plus administrative costs may be charged to the
adjacent property owner. We prefer this all be done on a voluntary basis without the
need for punitive action. If you have any questions on this boundary, please feel free
to call me directly at 763-572-3550 if you have any questions. Sincerely, Jon
Haukaas, Director of Public Works.
2. August 14, 2007, Dear Property Owner: Last December you should have received a
letter from Public Works Director, Jon Haukaas, about the Innsbruck Park boundary
and clean-up of encroachments into parkland. A survey completed by City staff last
fall identified the park boundaries and found a number of areas where private
property had been extended into the park land or material and/or debris that had been
dumped into the park The letter from Mr. Haukaas asked the property owners clean
up or remove any debris or material that was dumped into the park A completion
date of June 1, 2007, was listed. We are now well past the completion date, and a
recent inspection of the park boundaries showed that several of these encroachments
have not been taken care of. At the request of the Parks & Recreation Commission,
the City is extending the deadline to take care of these issues until September 15,
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 6
2007. If you have not already attended to this situation, please take appropriate action
as soon as possible. A final inspection will be made in mid-September to determine
compliance with this request. If you have any questions and need additional
information, please feel free to contact me at 763-572-3575. Thank you for your
anticipated cooperation and support. Sincerely, Jack Kirk, Director of Parks and
Recreation.
3. July 16, 2008, to Mr. and Mrs. Liepke. Re: Code Violations — Need for Action at
1634 Gardena Avenue NE. Dear Property Owner: Fridley City Code, Chapter 128
(copy enclosed) has established a procedure for abatement of certain exterior public
nuisances. This allows the City to remove from private property those items defined
as exterior public nuisances in accordance with the provisions outlined in the chapter.
A recent inspection of your property at 1634 Gardena Avenue NE revealed the
following conditions to which this Code section applies. The violation,
Encroachments into Innsbruck Nature Center, such as sandboxes, swing sets, storage
building, and gardens. Code Section, under miscellaneous violation. Action needed
to correct: You must respond in one of three ways listed below no later than August
5, 2008, or the City will take action to abate the nuisance conditions outlined in this
letter. (1) Correct the violations identified in this letter, (2) Contact me at 763-572-
3590 and make arrangements to have the property cleaned up in accordance with the
schedule that is agreeable to the City; and (3) Apply in writing to the Community
Development Director for a hearing in front of an independent hearing examiner.
Unless you pursue Option No. 2 or No. 3 shown above, I will reinspect the property
on or shortly after August 5, 2008. If the violations remain, the City will abate this
exterior public nuisance in accordance with the enclosed ordinance provisions.
Should this occur, you will be charged for the cost associated with the abatement
including up to 25 percent for administrative expenses incurred as outlined in this
Chapter. Please call me at 763-572-3590 if you have questions or wish to discuss this
further. Thanks for your cooperation. Sincerely, Scott Hickok, Community
Development Director.
Councilmember Bolkcom stated she believed the first letter could lead someone to believe they
had to remove rubbish. It is pretty clear in the third letter dated August 5 from Mr. Hickok that it
also included the gardens. She asked Mr. Hickok whether he received anything from the
property owner on or before August 5 related to either No. 2 or No. 3 as outlined in his letter.
Mr. Hickok stated they did respond and requested a hearing.
Councilmember Bolkcom asked Mr. Kirk about the other encroachments he mentioned in his
testimony. He was not just talking about this property, but about other parks in the community.
Mr. Kirk replied, that is correct.
Councilmember Bolkcom said they were not treating this case any different, and he was talking
about other parks when he mentioned the satellite dish.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 7
Mr. Kirk replied he was referring to other parks.
Councilmember Bolkcom said the encroachments on this park are not treated any different than
encroachments on other parks.
Mr. Kirk replied, no, they are not being treated any differently.
Councilmember Bolkcom asked how the City found out about encroachments.
Mr. Kirk replied it can be similar to this case where they are looking at property lines. Most of
our parks are groomed parks where they mow the lawn and the encroachments are much more
visible. When you have a nature area like this, it can go on for years because, unless the trail
actually goes right up to this property line, the only way to get to this encroachment would be to
go through an individual's yard. They have had fences all of a sudden appear that are five feet
from a ball line at a ball field that were not there two weeks before.
Councilmember Bolkcom asked Mr. Hickok to point out on the photographs where the property
line was. She said she went to the property owners' house for an open house and thought it was
all his property.
Mr. Hickok pointed out where the park property begins. He stated it is manicured and there are
some nice planting beds and it appears like somebody's backyard.
Councilmember Bolkcom said so all three of the gardens are part of the Nature Center's
property.
Mr. Hickok replied they are. It is a beautiful backyard with very nice gardens. They had timber
edging along their planting beds which they have now removed. They were to stop mowing this
summer, also. They had chosen to leave their plants in place but to stop mowing so it would go
back to the native appearance. When the City was out most recently, the mowing had not ceased.
Councilmember Bolkcom asked if all the plantings should disappear or if they should let the
grass grow around them or if it could be one or the other.
Mr. Hickok replied, it could be one or the other.
Councilmember Barnette asked regarding the property to the west, the 285-foot deep property,
are the owners maintaining their property all the way to the property line.
Mr. Hickok replied some folks have transitioned their properties as they get closer to the park.
As you get a little bit further over they mow deeper on the lot. It is typical that those lots, that
have the land to do it, are taking advantage of that full backyard.
Councilmember Barnette stated you have a situation of 6 lots that are 285 feet deep. Let us
make the assumption they are maintaining all those lots. There are 2 properties where you are
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 8
almost creating a peninsula of park property. He can understand the Liepkes saying let's make it
nice and straight, and he can understand their frustration, and he respects the City's position.
Commissioner Saefke asked if the park lots behind the Liepkes' lot and the people to the west,
were tax forfeit properties.
Mr. Hickok replied, yes.
Commissioner Saefke stated it is his understanding that with respect to tax forfeit property,
even if the City decided to sell the land, they could not.
Mr. Hickok replied that is correct.
Commissioner Saefke stated that limits any discussion on that end. He asked when it was tax
forfeited.
Mr. Hickok replied he thought it was in the late 1970s.
Commissioner Saefke asked whether the Liepkes and their neighbors would have been notified
about that.
Mr. Hickok replied, very likely. Typically when lots like this go tax forfeit, the County contacts
the City. They just recently had a couple of those come before them where the City was asking
the Council whether there was an interest. In one case there was and in another case, the City let
it pass. It was not of interest to the City, but it does have that first opportunity, especially in a
situation like this adjacent to a park, where it can provide some expanded area to a park, the
County provides it as an opportunity to the City. So, it may have not been opened up to
neighbors for purchase.
Commissioner Saefke stated he just wanted to make it clear that even if they wanted to, they
could not sell the property to them.
Mr. Hickok said if a property is acquired by the City, and we pay fair market value and we
choose to use it for a park, that is one thing. If it goes up for sale later, there is a bit different
disposition opportunity than if it is acquired through tax forfeiture where we have accepted it
from the County for purposes of park land.
Commissioner Saefke asked whether they could give it to the Liepkes.
Mr. Hickok replied, no. It is for everyone's enjoyment and not a private individual.
Commissioner Saefke asked for the past 40 years they have enjoyed that property for their
benefit but never paid taxes on it, correct?
Mr. Hickok replied that is correct.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 9
Mayor Lund asked in what cases the City could sell public land if the need should arise?
Mr. Hickok replied, it depends on how it was acquired.
Fritz Knaak, City Attorney, stated they can sell certain kinds of property that the City owns but
it depends on how you get it. If the property is acquired park land or is dedicated as park land or
comes through a process like this where you have tax forfeiture, you are very limited in how you
can sell it. In fact, you cannot sell it as a practical matter. If anything, it would revert back to
whoever the original donor was. If the City buys property for some other reason and you have
no need for the property, the City's Charter makes provisions for the City to declare it to be
surplus and then sell it at fair value. They have done that. In a case like this they are limited in
how they can sell it.
Mayor Lund said looking at the property lines, he can see where this could clean up the line and
make the property straight across. However, it is tax forfeited property and we cannot sell any of
that property.
Attorney Knaak replied that is right. That is a condition of the City receiving the property to
begin with. It is like park dedicated land. When you receive park-dedicated land, you are
receiving that land subj ect to the condition of the donation. You do not really have the authority
to sell it.
Councilmember Varichak asked if there is any way for anybody to get to that property from
that natural area. It does not look like it.
Mr. Hickok replied, right.
CouncilmemberVarichak replied so the only way they could get to that particular property or
the two adj acent properties is through the yard of the homeowners, is that correct?
Mr. Kirk replied, there is no path at this point. There has been a path in the past coming off of
Stinson on the south end of all of those properties, but it did not extend northward at that point.
Mayor Lund asked Mr. Liepke what he thinks a fair closure is to this issue.
Wayne Liepke, 1634 Gardena Avenue NE, stated Mr. Kirk has mentioned a couple of times that
the property to the east of them had called Mr. Kirk out to make sure they were not encroaching.
When the letters originally were sent out, that property owner was a very good friend of his and
he had brain cancer. When they came out and did the survey, there was stuff all over the place
and Mr. Liepke spent a day bringing all of it back on to the property. His neighbor passed away,
but it was his family who called. He just wanted to let them know it was him that made sure
everything was on the property. They have had many people come up through the park, into the
gardens, and tell them how beautiful they are and how thankful they are that they are there. They
have always had an open garden type policy for people to come in and talk plants.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 10
Mr. Liepke replied, as far as a closure to this, he does not have anything legal to throw out.
They are gardening on park property. It is winter now and nothing can be done. He proposed
that in the spring that his business, Gardens of Rice Creek, would in the areas of where they had
been mowing grass, be allowed a one time donation to plant native grasses and plants that are
conducive to parks and that natural setting. They could allow them to grow and kind of cover
the grass area. His concern with doing nothing and just leaving it like it is, is that he has seen
what would happen. The grass would turn into basically a weed-infested field that he does not
think anyone would benefit from. He says one-time because he knows they want them to stop
doing what they are doing, and he would not want it to be open-ended.
Mayor Lund asked if Gardens of Rice Creek was a business.
Mr. Liepke replied, yes.
Mayor Lund asked if he was in the business of landscaping.
Mr. Liepke replied, yes.
Councilmember Bolkcom stated he and his partners have done a lot of landscaping at the
Anoka County Library here in Fridley.
Mr. Liepke replied also at Springbrook last year.
Mayor Lund asked about what appeared to be a mulched path coming off his garden area. He
asked Mr. Liepke if he maintained those chips and created the pathway to get to the main path.
Mr. Liepke stated on the City's old maps, it shows that path. However, that path basically was
kind of borne from just his family for the last 40 years going back into the woods. Maybe the
City adopted it as their path, that is fine, but they always kept it up so people could walk up and
enjoy the gardens and it led back into the woods as well. They have never told people, stay out
this is private, we are doing this for private reasons.
Mayor Lund stated if that is his desire to put wild species plants, he asked if that would be
acceptable from a code enforcement standpoint. As long as it is some non-invasive species or
something that is native to the area.
Mr. Hickok replied we do allow that. Frankly, that would be a good solution. Typically if there
is a defined edge, they mow to a certain point and then it becomes prairie grass from that point
on. That is something that they have seen and have allowed.
Mayor Lund stated keeping in mind this is public property, if the staff is okay with that, he
thinks it is fine as long as the petitioner is a landscaper, professional or otherwise. He thought
they should provide the City with a list of what will be planted to make sure they are acceptable.
He asked about purchasing 25 feet of the surrounding properties. It would be like a trade-off.
We would clean up the lines.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 11
Councilmember Bolkcom said we been told we cannot trade property.
Mayor Lund asked Mr. Knaak if they could trade some of that property.
Mr. Knaak replied, you cannot swap it. It is your property.
Mr. Hickok replied he thinks what happened is 1624, 1628, and the subject property were all
platted at the same time with the idea that if something developed south instead of the Nature
Center, they dedicated half the right-of-way so they could have access and sell lots in the future.
When it became Innsbruck Nature Center, any idea of any sort of development there went away,
and 1624 combined that parcel with their parcel and made a deep lot of it. Number 1634 did not.
They did not purchase the parcel and did not combine it and those lands went tax-forfeit. He
understands that it was not Mr. Liepke's family who owned it before, that was prior to them
being there.
Councilmember Barnette stated Mr. Liepke's proposal sounds very reasonable. Mr. Liepke is
willing to go back to its original property line, put some plantings in there which would benefit
the park, make it more natural.
Councilmember Bolkcom stated so all those gardens would go away, leaving natural grasses.
She is asking if the petitioner is going to be planting native grasses around the gardens or are the
gardens going away?
Mr. Liepke replied, no, he is proposing planting the native grasses where the mowable grass is.
Councilmember Varichak stated she does not know how it will all play out as the grass starts to
grow and does not know if they will look good together. She thinks it would still look like
Mr. Liepke's property. She has been there. It is gorgeous. It will take a while for the grasses to
grow.
Mr. Liepke stated he is going by the resolution the Appeals Commission made which was to do
nothing and just leave it. He was just trying to find a happy medium.
Mayor Lund stated he does not see a real problem if Mr. Liepke wants to put in native species
in the area under the guidance of City staff and accepting that it would probably take a couple
years. Mr. Liepke has already testified he would not maintain the existing gardens which would
go to more natural vegetation. He does not have any problems with it.
Commissioner Bolkcom stated she does have a concern because the way it is now, people
perceive that as their property. There are a lot of expensive plants here. Why would he leave
plants in there and then put grasses around there and not maintain them?
Mr. Liepke replied they would be kind of varied. He believes it would look somewhat more of
a natural landscape than just letting the grass grow and do nothing. Some of the plants that are in
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 12
there, such as the bee balm are natural plants. Obviously the hostas, peonies and lilies are not,
but a natural state they would look nice.
Councilmember Bolkcom asked if he would be tempted to divide them and change them
around.
Mr. Liepke said this is only part of their gardens. When people did come up on park property,
they were also invited to come right up to their backdoor where gardens are as well. So, there
are plenty of gardens. The gardens are somewhat self-sustaining. He could do that.
Councilmember Bolkcom asked Mr. Kirk if he thought the solution was reasonable.
Mr. Kirk said tonight was the first time he heard of the proposal. There is some intrigue with
that and it may work out. He has to admit he has some concerns if the gardens are going to stay,
and we are going to be selective on where we plant different types of grasses in there. However,
it almost sounds like it is another landscaping project which is being done on City park land.
Our whole idea is for this area to be natural. If you let forests go they will regenerate.
Mr. Liepke stated it is filled with buckthorn in that area. So that is how the forest is
regenerated.
Mr. Kirk stated without seeing a more detailed plan and really looking this over he is
uncomfortable saying tonight if that is acceptable.
Councilmember Bolkcom stated and once the grasses are in there, who maintains them and who
waters them. She asked Mr. Liepke whether the grasses have to be watered when they are first
planted.
Mr. Liepke replied they are on the north side of the woods which does not get a lot of sun. He
thinks there are a lot of drought-resistance plants that would not need water.
Councilmember Bolkcom asked what about in the beginning when they are first planted.
Mr. Liepke said they could be watered when first planted, but he thinks that would be it.
Mayor Lund asked Attorney Knaak if a motion would be in order to approve the abatement.
Then through the motion or by an amended motion, if the Council so chooses, they could amend
the abatement or delay the abatement for six months to allow some time for Mr. Liepke to
provide information that is acceptable to staff about native vegetation and give him time to plant.
Attorney Knaak replied the appropriate response would be to approve the abatement, based on
the information and testimony provided, and allow a six-month period of time during which the
Liepkes and staff could work out an appropriate abatement remedy.
Mayor Lund stated they have six months to come to an agreement and after the six-month
period, the Liepkes leave it alone, not maintaining the gardens.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 13
Attorney Knaak replied another option is to close the public hearing and continue further
deliberation on the matter including any decision they make for six months.
Councilmember Bolkcom said they could close the hearing, not render a decision, and direct
staff to work with Mr. Liepke on his abatement plan related to the landscaping and bring it back
to them for approval.
Attorney Knaak stated that is an option but in fact what they would be doing is cutting off the
public hearing which they need to do tonight. Rather than making a decision, what they would
do is continue that part of the proceeding for six months. If nothing happens to their satisfaction,
they would then impose a sentence which would be the abatement. In the alternative, if in fact a
reasonable resolution is brought before them, they can accept that.
Mayor Lund asked if there is a timeline.
Attorney Knaak replied, in this instance, no. He suggests getting the appellant to consent to
that as a matter of record.
Councilmember Bolkcom asked to a date certain?
Attorney Knaak replied to a date certain would be better but not necessary.
Councilmember Bolkcom asked if Mr. Liepke had to continue to do this if they do not actually
have a date.
Attorney Knaak replied, technically, he could not continue what he is doing. What he would be
doing in any event would be actually a citable offense. He said she was correct by putting a date
specific on it. You eliminate the issue of whether this thing could continue indefinitely.
Councilmember Bolkcom asked if they have not rendered a decision, is he really doing
something he should not be doing.
Attorney Knaak replied, yes, he is actually damaging or encroaching on City property.
Mayor Lund asked Councilmember Bolkcom if her suggestion would be that we approve the
abatement but also stipulate that there is a six-month period or a date certain.
Councilmember Bolkcom said her suggestion is that they close the administrative hearing and
actually come up with a date certain for the landscaping plan.
Mayor Lund asked if that could be done in the findings of fact he was going to ask staff to
prepare.
Councilmember Bolkcom replied, she thinks so. They are saying this could co-exist but they
need to give staff some time to work with Mr. Liepke.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 14
Dr. Burns stated he agrees with her, but they have worked with the Liepkes and advised them of
the encroachment for quite some time, and to allow this to play out for six months with a
decision on the abatement, is contrary to the City's interest. His suggestion would be to close the
hearing, and come up with a separate decision at their first meeting in February.
Councilmember Bolkcom suggested March or April to give Parks and Recreation enough time
to react and give time for City staff to work with Mr. Liepke.
Mr. Hickok stated he thinks it would be important to get to a decision before the growing season
even begins. He thinks at the latest, on April 1.
Dr. Burns asked what about the second meeting in March.
Mayor Lund informed Mr. Liepke they are talking about closing the abatement hearing tonight
but not rendering a decision until the second meeting March which gives him, staff, and the
Recreation Department time to come to an agreement. The meeting date would be March 23,
2009, and at that time they will render a final decision.
Mr. Liepke replied, okay.
Mayor Lund said at that time Council could render a decision in writing. It would be based on
the testimony that has been presented tonight. Some of that would be, in his mind, a discussion
about the inability to purchase the land. Mr. Liepke has agreed under oath that he knows it is
City land, and that he will discontinue mowing and maintaining the City's property. They are
willing to give him one time to put in some natural vegetation.
Councilmember Bolkcom clarified that the abatement does go forward and the landscaping plan
needs to be in front of them by March 23.
Attorney Knaak said his understanding is that is what they are going to do. The findings would
be crafted in the meantime for their approval.
Mayor Lund stated it is his opinion that they wanted to close the abatement hearing, to not
render a decision on the abatement until the second meeting in March.
Attorney Knaak stated he suggests that the motion be in the form of directing staff to work with
the individual but to create appropriate language in the findings which would conceivably
include the agreement that they have with the Liepkes.
MOTION by Commission Varichak to close the abatement appeal of Wayne and Kellie Liepke,
1634 Garden Avenue N.E. Seconded by Councilmember Bolkcom.
Mr. Hickok stated he is confident in working with the Liepkes that they will come to a solution.
If they do not come to a solution, what would happen?
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 15
Mayor Lund stated after they close this public hearing, they are going to make a motion to abate
the property but delay it until the second meeting in March to give staff and the Liepkes time to
finalize the decision on City staff's perception on what is going to be acceptable vegetation and
then as Mr. Liepke stated in his testimony allow him a one-time opportunity to plant native
grasses and plants.
Councilmember Bolkcom said Mr. Liepke needs to come forward relatively soon and outline
his plan. The landscaping plan and the findings of fact should be prepared by March 23. This
has gone on since 2006.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE ADMINISTRATIVE HEARING WAS
CLOSED AT 9:08 P.M.
MOTION by Councilmember Varichak to direct staff to prepare findings of fact containing the
terms of the abatement to review and take action at the City Council meeting on March 23, 2008.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
CITY COUNCIL MEETING
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of November 10, 2008.
APPROVED.
City Council Meeting of November 17, 2008.
APPROVED.
Councilmember Saefke stated he would like to make a minor correction on the Council minutes
of November 17, 2008. On Page 3, under Public Hearing, the paragraph begins with Don
Abbott, after that it should read Public Safety Director, not Public Works Director.
Councilmember Bolkcom asked that the language of the presentation for the 2008-2009 City of
Fridley Winter Operations Policies and Procedures be included in the minutes.
APPROVED AS CORRECTED.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 16
NEW BUSINESS:
1. Approve Extension of Special Use Permit, SP #05-03 and Variance, VAR #05-14, by
Kinghorn Company for Woodcrest Baptist Church, to Allow an Expansion of an
Existing Church in a Multi-Family Zoning District, Generally Located at 6875
University Avenue N.E. (Ward 1).
William Burns, City Manager, said this permit allows expansion of the church and parking lot.
It was first approved by Council on November 10, 2005. There have been two subsequent one-
year extensions in December 2006 and December 2007. Kinghorn Construction, the contractor
for the project, is requesting an additional one-year extension. Staff recommends Council's
approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
2. Approve Submittal of the City of Fridley's Draft Wellhead Protection Plan to the
Minnesota Department of Health for Approval.
William Burns, City Manager, said we sent our Draft Wellhead Protection Plan to other
jurisdictions on September 4, 2008. After a 60-day review and comment period, Council held a
public hearing on November 10, 2008. Now that the hearing and reviews are complete, staff is
ready to send this preliminary plan to the Minnesota Department of Health. The plan is available
on the City's website. Staff recommends Council's approval.
APPROVED.
3. Approve Change Order No. 1 for the Commons Park Water Treatment Plan
Improvements, Project No. 379.
William Burns, City Manager, said the change order is for $2,500 and is necessary to meet the
City's prevailing wage requirements that were inadvertently left out of the bidding documents.
The change raises the contract amount to $609,200. Staff recommends the $2,500 change order
to Shank Constructors, Inc.
APPROVED.
4. Resolution Authorizing an Increase in Compensation and Changes in Certain
Benefits for the 2009 Calendar Year.
William Burns, City Manager, said staff is recommending a 3 percent cost of living adjustment
and a 3 percent increase in automobile allowances where applicable. The increase is consistent
with past salary adjustments, our union contracts, and other local jurisdictions in the
metropolitan area. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2008-59.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 17
5. Claims (132428-139834).
APPROVED.
6. Licenses
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
APPROVAL OF PROPOSED CONSENT AGENDA:
MOTION by Councilmember Barnette to approve the consent agenda as presented with the
removal of Item No. 1. 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 Item No. 1.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM:
Joe Brothers, 1021 Hackmann Circle NE, asked for a statement of clarification from Council.
On November 4, 2008, he had an incident with an individual from Fridley's Police Department.
He was expressing his First Amendment rights of displaying a political sign on the Matterhorn
overpass. The person who initially confronted him on the issue said he could not have a sign on
the overpass. Mr. Brothers said, yes, he could. The individual said it was state property. Mr.
Brothers said, no, it is federal property. He can display it and that it was his right to display the
sign as long as he was not causing a traffic obstruction. The person who confronted him initially
made the call to the Police Department. He believed the City Manager got the call.
Mr. Brothers stated he thought they were under the impression that he was causing a traffic
obstruction which he was not. He knows under his right to free speech, that he also has the
responsibility not to cause problems with traffic. During their conversation, the officer
expressed his viewpoint that he was a socialist. He asked the police officer why he thought that.
He said he felt a bit intimidated. He asked the officer what would happen if he went back out on
the bridge, and he said he would be cited. Mr. Brothers asked him how much would it cost. The
officer would not give him an amount, because as he found out later, the officer could not
because it was the court's decision.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 18
Mr. Brothers said he asked who made the initial call. Eventually the officer said he would
arrest him and put him in jail. He said he was a teacher and would not want to be arrested
because he is an outstanding citizen. He said he felt threatened when he said that. For his
employment he cannot have a misdemeanor on his record. He knows the law gives him some
discretion. He drives I-694 and he was not causing any problems. The only problems that were
being caused were eastbound because there was actually a highway patrolman who had pulled
somebody over. He was actually on the westbound side. He placed himself there for a couple of
reasons. He knew the sun was going to come up and it was going to be in people's eyes who
were heading eastbound. He said he called the State Highway Patrol Office to ask if they had
received any calls, and they said they had not. They seemed surprised and somewhat shocked
that this had happened.
Mayor Lund said he did not know if he could hang the sign or not, political or otherwise.
Mr. Brothers said he was holding it. You cannot hang a sign on a bridge. The initial complaint
against him was that he was hanging the sign wildly. He was not. He was holding it up with two
hands because it was a pretty large sign.
Mayor Lund asked what he wanted Council to do.
Mr. Brothers stated he believes they have that right as citizens of the United States to be able to
display public opinions as long as they were are not causing destruction. He wants it to be
known to the Police Department that when that police officer comes to that scene, he should
evaluate the scene first. The officer never saw Mr. Brothers up on the bridge. He was at his car
and about ready to leave.
Mayor Lund stated they will take a look at it. He will talk to the Police Chief and have him
look at it. Since Mr. Brothers brought this up in public forum, he will respond at the next
meeting during the public forum.
Mr. Brothers stated he sent an e-mail to 8 or 9 addresses off the website. He knows one senator
received it.
William Burns, City Manager, said a citizen complained and he asked the Police Department to
investigate to determine whether there was a threat to public safety by Mr. Brothers leaning over
the interstate and holding a sign. They did send a police sergeant out there, and the sergeant
apparently determined that there was a threat to public safety and asked him to stay off the
overpass.
Mayor Lund stated the officers are very well trained about ascertaining circumstances.
Dr. Burns stated Mr. Brothers called him after this incident had occurred, and he arranged for
him to talk to Captain Rewitzer. Mr. Brothers he did come in and talk with Captain Rewitzer.
He is not sure what the result was.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 19
Mr. Brothers stated they did listen to him. He does not feel it was resolved the way he would
have liked. He holds police officers in the highest regard, or at least he did, until this situation.
He also feels he lost a sense of trust that he had placed in his Police Department. He is also
willing to realize people make mistakes. He wants the police officer to at least evaluate what is
going on.
Mayor Lund stated he is running on assumptions too, because he was not there and he has not
heard the other side of the story. He has to assume that an officer has been highly trained, well-
schooled, on trying to downplay situations, not worsen situations. Mr. Brothers could have been
argumentative.
Mr. Brothers replied, I could have.
Mayor Lund stated and the officer has some latitude and discretion in saying, look, I think you
are a public safety threat. He may not agree with that, but, but between the two of them, he
guessed he would tend to side with the officer.
Mr. Brothers stated the person who made the call was Rick Wolf who was a candidate for one
of the Council seats. He knows who he is because he lives one block from him. He knows the
officer and Mr. Wolf have a previous relationship, and he also knows that he had or did have a
John McCain sign in his yard. Because his initial call was based on political, he made a call to
Dr. Burns initially, too. If Mr. Brothers is a citizen and calls the City of Fridley, he could
distinguish all political signage whatsoever. That is his right. He could keep making calls, drive
around Fridley, and do that. He wants to see that does not happen. We have this freedom of
expression that we need to guarantee within the City of Fridley.
Mayor Lund stated as long as it is not a detriment to public safety.
Mr. Brothers replied what he is saying is that throughout the day he saw a number of people in
the City of Fridley waving signs wildly throughout the day--on University Avenue, Central
Avenue, down the on-ramp to I-694 on University. He wants to make sure those citizens of
Fridley are not obstructed in the process. He felt that he was wronged.
Mayor Lund said they would look into it.
Councilmember Bolkcom asked Mr. Kosluchar about the gentleman who was before them on
November 10 regarding a light and if there had been a resolution on that matter. Mr. Stahlberg
had asked that he send him some information related to his concern about fertilizing vs.
snowplowing. She has not seen anything back on it. There was also a gentleman at a hearing
regarding his father's sidewalk and was wondering if Mr. Kosluchar had looked at it. She asked
if Mr. Kosluchar would report to all of them in an e-mail.
Pete Eisenzimmer, 6535 Oakley Drive, stated he received a letter from Anoka County on taxes.
It said that we were supposed to have a meeting tonight.
Councilmember Bolkcom replied, we are. It is next on the agenda.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 20
Mr. Eisenzimmer stated every year he has come here and the meeting is supposed to be at 7:30
p.m. It is 9:30 and he is still here. It has never gone on the agenda.
Mayor Lund asked what was not put on the agenda.
Mr. Eisenzimmer stated it says the meeting is for 7:30 tonight. It is not on the agenda. It is
supposed to be on there so they can talk about taxes. Every year he has called the City Hall, it is
on the agenda. They never spell it out what it is for. He just had some medical work done and
he cannot sit here for two or three hours.
Mayor Lund stated he is sorry but they do have other things on the agenda. They put the things
on the agenda where they belong in procedural order.
PUBLIC HEARING
7. Consideration of the 2009 City of Fridley Budget.
MOTION by Councilmember Saefke to open the public hearing. Seconded by Councilmember
Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS OPENED AT 9:38
P.M.
William Burns, City Manager, stated the budgeting process is a lengthy process which starts at
the beginning of every year with a lot of planning activities, including Council/Commission
surveys and goals and objectives from the project managers and many discussions. There are
two Council review sections. One is in June and one in October. They present the preliminary
budget to Council in August. In August they establish taxation figures for the preliminary tax
figures for the coming year.
Dr. Burns stated tonight is the final public hearing on the budget. At the next meeting on
December 15, Council will be asked to vote on the budget resolution.
Dr. Burns stated the preparation of the budget occurs within a lot of important contexts. One of
the most important of those is the legislative context. This year's legislative session was filled
with partisan tensions. They began with when the Governor vetoed the omnibus transportation
bill. They got even stronger later on in the session when he took the central corridor project out
of the bonding bill. Ultimately, the Governor and the legislation did come to a conclusion.
Dr. Burns stated there were a number of other positive and negative things that resulted. Local
government aid was modified to take into account jobs in the community and that was a great
benefit for Fridley. There was also some benefit in the form of legislation that allows us to use
money from three expired tax increment districts. They also passed special legislation that
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 21
enabled us to set up a large, 150-acre transit oriented TIF district, that would greatly benefit the
Northstar rail proj ect.
Dr. Burns stated there were some things that we are glad did not happen. One was they did not
get wine in the grocery stores. One thing we would have liked to happen but did not, was getting
the administrative fines issue straightened out. The one thing that did happen that we did not
want to happen was eliminating almost all of the $600,000 advantage we had from getting the
local government aid formula changed.
Dr. Burns stated another thing that happened this year that affected us is the water conservation
mandate. All cities over 1,000 in population that have water systems now must provide a tiered-
rate structure that discourages additional water use beyond certain levels. As you start using
more water, particularly if you start getting above the average water usage, your costs go up.
They wanted us to raise the cost to 20 percent and then next year 40 percent.
Dr. Burns stated as we go into 2009 we are getting a lot of bad news lately. The state budget
deficit for the next biennium is going to be something like $5.8 billion. He thinks it is very
likely that we are going to possibly have a portion of this year's local government aid unalloted.
He thinks it is also very likely we will have a portion or maybe all of next year's local
government aid taken away. If it all gets taken away, we are going to lose about $2 million.
Dr. Burns stated as far as additional changes in the LGA formula, the current formula benefits
the two central cities and out-state Minnesota to the tremendous disadvantage of suburban
communities in the Twin Cities metropolitan area. We have been fighting very hard to change
that formula; however, changing the formula requires money and there is no money. He has
heard that the focus of this legislative session will be not on getting us more money but on
changing the sales tax to include items that are not currently included--particularly services.
Dr. Burns stated as they got into the budgeting context, one of the first things discussed was the
contribution of a Fridley police officer to the metropolitan area Gang Strike Task Force. We also
talked about a contribution of a police officer to the Federal Drug Enforcement Agency task
force. The question was not so much whether we donate the officer or whether we send the
officer to those task forces; but whether or not we backfill. Ultimately we have decided in the
2009 budget to appoint somebody for the drug task force probably later in 2008 or maybe in the
first quarter of 2009. We will be backfill that position that we give to the DEA task force and
that means another police officer position.
Dr. Burns stated regarding health insurance, every year we talk about health insurance benefits
and ways of keeping them down. We did manage to reduce the health insurance costs this year
by rebidding our health insurance contract. We reduced them by about 6.2 percent or by
$65,000.
Dr. Burns stated also the Fridley Recreation brochure goes out to 12,000 people. We have
determined we would identify the active users of the Recreation program and limit the
distribution of the brochure to 1,000 or so active participants. We would also put the Recreation
brochure on line and buy the software yet this year that enables people to register on line.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 22
Dr. Burns stated it has been almost an annual debate on whether we are going to continue to
contribute to non-profit organizations. We have been spending about $29,000 for Alexandra
House, mediation services of Anoka County, and the Southern Anoka County Community
Consortium, which is essentially Values First. We decided this year not to spend that money on
the outside contributions. Considerable discussion was held over equipment purchases at various
levels of the budgeting process. One request was to replace our two sidewalk snowplows, at a
cost of well over $100,000, and that is not in the budget. Instead we decided to spend some
money this year to rebuild one of those two snowplows. One of the big equipment purchases
was the purchase of a new dump truck this year. That made our budget for equipment a little
larger it was in 2008. They discussed several other equipment purchases.
Dr. Burns stated capital improvement projects are also an annual part of the budget discussion.
One of the big ones this year was the 85th Avenue bikeway. We have had around $1 million in
federal funding that we were in danger of losing. We had to put up about $250,000, however.
We could use state aid money to come up with the $250,000; but then we lose the ability to use it
for neighborhood street overlay projects. There was a lot of discussion on the bikeway and the
mill and overlay project identified for the West University Avenue Service Drive in 2009. We
will mill and overlay that area, and we will also be installing a new water line in an area where
we have had a lot of water main breaks.
Dr. Burns stated there were quite a few other capital improvement proj ects. Most of the work
will be done next year. We will be doing improvements to the Commons Park Treatment
plant—changing out the filter media and other painting and repairs tasks. We will also be
repairing and painting the Commons Park elevated storage tank next year. We have about
$40,000 or $50,000 worth of municipal parking ramp repairs. We are going to have a new picnic
shelter in Briardale Park, and replacing many of our courts.
Dr. Burns stated one thing we had to face for 2009 is the restructuring of the utility rates. What
they have done is establish a residential rate structure and a commercial rate structure. He thinks
the residential rate structure has four tiers and the commercial rate structure has five tiers. The
residential rates are separated by about 10 percent increments. The commercial rates are
separated by about 11 or 12 percent increments.
Dr. Burns stated one thing we will be doing away with is minimum water billing. We will also
be introducing a fixed rate charge which consists of most of the administrative overhead costs
that really are attributable to all of our water and sewer customers. The end product is a new rate
that will increase water rates by 17.5 percent and sewer rates by 11.3 percent. For the average
user of 96,000 gallons it amounts to $38.38 per year or $3.20 a month.
Dr. Burns stated regarding the budget in perspective for all budgeted funds including the general
fund, we are budgeting $17,676,772. We are actually looking at a reduction of $1.5 million or
almost 8 percent. Most of the reduction is in the capital improvements area and most of that is
represented by the pullback from the Neighborhood Street Reconstruction Program that we have
been pursuing so actively. We have gotten our goals accomplished there We have reconstructed
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 23
something like 30 miles of streets that used to have asphalt curb and gutter, and we have new
concrete curb and gutters and new streets in those areas.
Dr. Burns stated the general fund is the fund that provides for the Police, Fire, Public Works,
Recreation, Community Development, City Manager's office, legal staff, Council, etc. The
general fund is going up by 3.9 percent. About 70 percent of the $561,000 increase is for
personal services. They are up 3.7 percent and supplies are up by $111,000. Most of our supply
money is for what we projected for gasoline.
Dr. Burns stated capital outlay is up by $101,000 and a lot of that has to do with the 2.5-ton
dump truck and plow that we are replacing in the street department.
Dr. Burns said with respect to the money for personal services the total increase is $391,000. A
lot of that is for a 3 percent cost of living adjustment. It amounts to $247,000. The state-
mandated public employee retirement assistance increases to $85,000. Step increases for
employees' salary amounts of $55,000. We have a negative for the health insurance, we are
spending $65,000 less; and temporary employee salaries will go up by $22,500.
Dr. Burns stated basically it is the same budget we have had. It provides for the same services.
We do have about $20,000 for the finance department to do some imaging for City departments.
We have a tremendous backlog of paper documents that have not been put into digital format.
Having them in digital format gives us much greater access to these documents and saves
employee time and also it saves space. We want to hire two additional part-time employees on a
temporary basis to help with this backlog of imaging.
Dr. Burns stated in addition to the dump truck and the plow, we are replacing three of police
squads and replacing a pickup truck that is used by the Police Department. We are also replacing
a brush chipper in parks maintenance and we are replacing the Fire Chief's 1999 Crown Victoria.
We are buying a street sweeper, not out of the general fund, but out of the storm water fund at
cost of $175,000.
Dr. Burns stated with respect to the special revenue funds, there is not much activity. We are up
$160,000 and $117,000 is for the police activity fund. That is where the DEA task force fund is
budgeted. Both revenues and expenditures are budgeted there. We expect to pay for the officer
with forfeitures.
Dr. Burns stated there are three types of capital improvements that show up in the general
capital improvements budget. The general capital improvements are generally capital
improvements for buildings. We will be doing ramp improvements and some security
improvements to the Municipal Center. We will also be doing some roof repairs and several
other building improvements.
Dr. Burns stated with respect to our streets, our money will be devoted to the West University
Avenue Service Drive. We will also have another seal coating program at a cost of about
$180,000, the service drive is about $700,000. Those are two major projects.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 24
Dr. Burns stated the enterprise funds are funds that are basically self-supporting. They are
supported by rates or by costs, goods sold, or by charges for services we provide. The water
fund budget is the big culprit, it is going up almost 19 percent to $413,089. The sewer fund is up
$131,000. Most of the sewer fund increase is attributable to the Met Council's charges for
paying our share of the treatment at the Pig's Eye plant. With respect to our municipal liquor
store, almost all of that, is cost of goods sold. We are spending $13,300,000. It is about 4.8
percent more than what we spent in all these enterprise funds in 2008.
Dr. Burns stated $413,089 is accounted for by new depreciation charges. We are doing water
capital projects in 2008 and 2009, and the depreciation that we charge so that we can replace
those things again 20 years down the road shows up as a budgeted item. We are planning on
purchasing 500 automated meters in 2009 at a cost of $125,000. Before purchasing meters for
all customers, we would like to see what we can expect in terms of payback for the City. We
also have $133,000 in debt service calls associated with projects and about $38,000 in operating
costs that we contribute to the water fund.
Dr. Burns stated regarding the sewer fund, it is up $40,000. A lot of that is depreciation and the
street sweeper we are buying out of the storm water fund.
Dr. Burns stated we had $741,300 in debt service costs, street improvement debt service,
supported by general obligation bonds of $805,005. The TIF-related debt from the Fridley HRA
is $1.7 million.
Dr. Burns stated the 2009 levy, including the street levy as well as the general fund levy, is
$9,482,000. It is $54,946 less than the amount we levied in 2008. Looking at the impact of the
property tax changes on a Fridley home valued at $204,200, taxes are going to go down. The
taxes are going down in all the school districts except for the Anoka-Hennepin School District.
Dr. Burns with respect to the financial health of the City, the fund balances keep going down. If
we loose our local government aid, that will be another $2 million. General fund revenues are
not keeping up with general fund expenditures in order to balance the general fund. Every year
we must transfer money from sources outside the general fund. Our main sources include the
City's closed bond fund. We also have a general fund reserve that we tap, and one of the big
ones is the liquor fund. Liquor sales generate about $500,000 a year for our general fund.
Dr. Burns stated regarding revenues by percentage, about 57 percent of our revenues come from
property taxes. The other 43 percent is from a variety of other sources, including inter-
governmental revenue charges for services. Local revenue comes from a wide variety of revenue
sources.
Dr. Burns stated regarding expenditures, what we try and do every year is compare budgets.
We adjust our expenditures for inflation and then try and see how much additional money we are
spending. Up the last year or so, we have been pretty constant. We were not spending more in
constant dollars from year to year than we were maybe ten years earlier. He is seeing we are
starting to spend a little bit more. Overall it amounts to about .6 percent a year between 1995
and 2007. He tried to see where those additional costs were coming from. He saw a lot of it in
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 25
police overtime, but the overtime is financed by grants and other outside sources. State-mandated
employee retirement increases are also a big part of that amount. Legal services costs have
exceeded the rate of inflation. We recently took requests for quotes for our prosecution services.
It is not yet reflected in the budget, but we have been successful in reducing those prosecution
costs by $50,000 for 2009.
Dr. Burns stated other contexts in which our budgeting occurs is what he calls the external
economic environment. Each year we take a look at various indicators of local economic health
as part of our budgeting process. One of the first of these is new construction. New construction
in the first ten months of 2008 is about the same as it was for 2007. It is $37,334,000 and
compares to $36,252,000 for the first 10 months of last year. What is different though is much
of the value we had this year was accounted for by three large projects including one major
public project at the Minneapolis Motor Works. The other ones include the Medtronic Rice
Creek campus remodeling and the Lifetime Fitness Club remodel. Those three projects, over
$500,000 in value, compared with six projects this size in 2007, and he believed in 2006 there
were eight projects over $500,000 in value. So from a standpoint of big projects, we are falling
by the wayside a little bit.
Dr. Burns stated Fridley's unemployment rate, as is the case with our national employment rate
and state unemployment rate, is going up. Fridley's rate as of the end of September was 6.5
percent. That compared with 5.1 percent in 2007, and a statewide unemployment of 5.9 percent
at the end of September. We have also seen a decrease in the number of jobs available in
Fridley. We have moved from 23,900 to 23,115 jobs (decrease of 3.3 percent).
Dr. Burns stated regarding property value, the total estimated market value of Fridley property
has decreased by about .2 percent. That is about the same where it was last year. The value of
single-family homesteaded property has decreased by 4.2 percent. Keep in mind that our
assessed valuations for property run about a year and half to two years behind. So eventually,
these numbers are going to rise as we start to get more current. The value for non-homesteaded
residential property has risen by 9.6 percent. He found out a large reason for that is we have had
70 formerly homesteaded single-family units become rental units. The value of non-
homesteaded residential property having four or more units has decreased by 2.1 percent and as
that has happened commercial values have increased by 8.4 percent and industrial values have
increased by 3.8 percent. Our values do not take into account foreclosure sales. Information
from the North Metro Realtors Association for October indicates that the average sale price for a
single-family home decreased by 15.8 percent to $173,060 during the first nine months of 2008.
However, the number of homes on the market and the length of time on the market seem to be
decreasing in the latter half of this year. For example, in June we had 165 homes on the market
which dropped to 150 in September, and in October it was 134. The length of time is also
decreased through the latter half of 2008.
Dr. Burns stated the County reports there were 1,223 Fridley households receiving cash
assistance and/or food stamps as of the end of September. This represents a 5.4 percent increase
over last year. District 14 reports 1,376 students receiving free or reduced-cost meals at the end
of October. This number represents 56.3 percent of our students. It is 6 percent higher than we
had at the end of October in 2007.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 26
Dr. Burns stated the crime rates are generally about the same as last year for Part I and Part II
crimes. Part I crimes being the more serious crimes, murder, rape, robbery, etc. We had 1,274
Part I crimes in the first nine months of 2008 vs. 1,276 for the same period last year. We had
2,578 Part II crimes in 2008 vs. 2531 in 2007. He would say overall in comparison with other
communities in our area or the metropolitan area as a whole, Fridley does have a relatively high
crime rate.
Dr. Burns stated another thing he has noticed is we have had a fairly significant rise in the
number of delinquent utilities we are passing onto the County for taxation purposes. That
amount for this year was $315,797 compared to $236,154 in 2006.
Dr. Burns stated the state legislative horizon is not very promising in light of the budget deficit
situation. In general, he thinks the economic picture is worse. Overall expenditures are down
due to reduction in street improvement costs. General funding expenditures are up by about 3.9
percent, but there are new services and some significant reductions in things like health
insurance, legal fees, and payments to outside agencies. Special revenue fund increases are
largely explained by the DEA task force donation of an officer. A large amount of expenditures
are up by 19 percent due to the deferred capital improvements and a need to replenish depleted
cash balances. They got depleted because of the Charter restriction we had up until November
2007.
Dr. Burns stated water and sewer rates will increase by 14.2 percent and cost the average water
user $3.20 a month in additional fees. The general fund expenditures of $14,920,000 are
supported by $13,355,000 in revenue. So there is about a$1.6 million lapse area that is not
covered by revenue. We have to transfer funds from other funds in order to balance the budget.
If we continue to pull down reserves at this rate, assuming we do not use money that is reserved
for capital improvement and assuming that we do not lose all of our LGA as a result of the
State's economic crisis, we will have enough cash to last us through the year 2015 according to
our Finance Director. Many cities would love to have that situation but, still, 2015 is only a
short distance away and if we lose State money, it will come much sooner than that.
Dr. Burns stated at that point we will need to borrow money from other funds to satisfy our cash
flow requirements. In order to have cash flow we have to have about $5 million available at all
times. We continue to seek additional local government aid from State to address our budget
shortfall, but there is little short-term likelihood that we can succeed with this. It will leave us
with a choice of asking the voters for additional property taxes or making substantial service
cutbacks. We have cut back just about everything we can so far. There a few areas. We still
have a City newsletter, we still have an employee wellness program, we still allow department
managers to go to national conferences, and we are still mowing University Avenue but there are
not many spots where we can cut and keep up the array of services we have right now.
Dr. Burns stated on the project side, we can look forward to some great benefits that would
come from the Northstar commuter rail station that should be in our City by about November of
next year. We still have a strong employment base and a hard-working and talented City and a
strong team-oriented City Council that can be counted on to continue to provide very high
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 27
quality services at a very competitive price. If you look around and look at our costs vs. other
cities, we are basically lower in most cases.
Councilmember Bolkcom asked when would they expect legislation on the rate increase
changes.
Dr. Burns replied at their next meeting on December 15.
Councilmember Bolkcom asked if they had received any written comments related to anyone
having any questions.
Mr. Pribyl replied he has not. They received a number of calls just related to the truth and
taxation statement and the valuation, but not the budget.
Councilmember Bolkcom asked if people were calling because they were concerned about the
decrease in valuation.
Mr. Pribyl stated what they have been seeing is actually a comparison between neighbors as far
actually changes in valuation. Actually our residential appraiser, Lynn Krachmer has been
handling those calls and explaining the differences between some of the different value changes.
Councilmember Bolkcom asked but is it a majority of people having an increase in the
valuation if they have a huge remodel or addition.
Mr. Pribyl replied, basically, the only reason why they would see an increase is if there were
improvements made to the home.
Councilmember Bolkcom asked if they will be passing a resolution for the budget next
Monday.
Dr. Burns replied the budget resolution and the tax levy resolution.
Councilmember Bolkcom asked if anyone will have an opportunity to say anything if they
come to the next meeting.
Dr. Burns replied they could. They will put the budget message on the website and if people
want to respond to them on-line they can do that as well.
Mr. Pribyl stated they would invite any questions also to the Finance Department. They can call
him at 763-572-3520.
Mayor Lund stated in light of the recent state shortfall, the government may do an allotment of
our payment yet this December for the second payment of LGA. Whatever that amount is will
only increase our deficit.
Mr. Pribyl stated should we lose half of that, it would be approximately $350,000.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 28
Dr. Burns stated and if we lose the $1.3 million we are scheduled to get next year, add that on,
also.
Don Holum, 6575 Monroe, 47-year resident of Fridley, stated in the Fridlev Focus it has down
attend the public hearing, "All Fridley city residents are invited to attend the public hearing of
the City Council to express their opinions of the budget and on the proposed amount of the 2009
taxes. The hearing will be held on Monday, December 8, at 730 p.m." So he can see why there
would be a little controversy in the time and date. It states at the end, you are invited to send all
written comments to the City Manager so that also is covered in that notice.
Councilmember Bolkcom stated, it could probably say, "The meeting will commence at ...."
Mr. Holum stated he did attend the truth in taxation hearing for the Fridley District No. 14 last
week They did an excellent job, they provided a 15-page report, and he followed along with the
presenter and everything else. He wished it had been the same thing this evening so he could
have made notes and studied it. He asked if some of these overlays are available to the public.
Councilmember Bolkcom gave Mr. Holum her copy.
Dr. Burns stated that is what he was trying to put on the website.
Mayor Lund stated interested persons can come to City Hall where they are welcome to peruse
a copy. They may be charged for minimal printing costs if they want a copy.
Mr. Holum stated in relation to the meeting for school district taxes, Dr. Burns mentioned that
School District No. 14 taxes were going down. They actually increased.
Dr. Burns stated the taxes as a group are going down. They are talking about the County and
the City combined.
Mr. Holum replied in his particular case they went up. In fact when he mentioned regarding the
approved school levies which were referendums that went down slightly but when it came to
other school levies which covered that covered capital outlay expenditures, that went up about 26
percent on his statement. In all the literature and the media he has listened to, everyone has been
saying the valuation of homes is going down 9 percent. He is not sure if it is nationwide, but
they included the metro area. Then this evening on the overlay Dr. Burns mentioned in Fridley
they figured out 4.2 percent valuation of homes going down. His went down 1.6 percent. He
does not think that is fair. He asked who he would talk to.
Dr. Burns stated if he thinks the valuation on his home is not accurate, he can talk to the
assessor's office.
Mr. Holum stated that is where he is coming from because basically he does not think it has
dropped anywhere near what Dr. Burns has mentioned.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 29
Dr. Burns stated that was for all single residential property in Fridley. That was not the average
residential property or a particular residential property, it was for the lump sum.
Mr. Pribyl asked if that was based on the North Metro Realtors Association?
Dr. Burns replied, no, that is based on the data that he got from the City Assessor.
Mr. Holum asked what the high and low ranges were to get to the 4.2. He thinks his should
have gone down more.
Dr. Burns stated if Mr. Holum thinks his value is not accurate, he can talk to our City Assessor.
Mayor Lund stated just to give Mr. Holum another example, his own went up 2 percent.
Mr. Holum stated when he spoke with a realtor, he told him a reasonable figure would be about
6 to 9 percent. He said he would speak with Mr. Pribyl or the assessor's office.
Dr. Burns said Mr. Holum needed to keep in mind, too, that the value on the average property is
probably one and one-half years old.
Mr. Pribyl stated that is correct. For the values we are working with in 2009, those values are
actually established as of January 2, 2008. However, the timeframe that they look for, the sales
in establishing the values, is October 1, 2006, through September 30, 2007. So currently they are
probably seeing more of a reduction in value, but this is a period of time that this value is based
on.
Mayor Lund asked so he is saying next year the percentage could be a greater amount?
Mr. Pribyl replied, yes.
Dr. Burns stated also the assessor does not recognize foreclosure values in estimating the value
of a house. The 15.8 percent mentioned earlier was the reduction in average price of a home in
Fridley between October 2007and October 2008. That was all sales, including foreclosures. We
do not want foreclosures in our valuation.
Mr. Pribyl stated the Minnesota property tax is not a simple system. With the changes in values
right now, we are seeing a lot of people asking a lot of questions because of the more recent
values reductions. However, when we get into the timeframe in which the 2009 taxes are
established, they have to understand we are a year and a half to two years behind.
Mr. Holum stated getting back to the article in the Fridlev Focus, this week it spoke about the
local tax rate comparison. He has no idea what they mean. They talk about this year, 30.324
percent; next year, 28.905 percent which covers no levy increases. He asked if there are any
anticipated levies coming up and if so what are the rates.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 30
Mr. Pribyl stated those are actually the tax capacity rates that the City will be collecting for
2009 compared to the tax capacity rates for 2008. That particular advertisement is actually
stipulated by the Department of Revenue. We are actually complying with their format for
advertising for the Truth in Taxation process.
Dr. Burns stated it can have meaning when you compare the tax capacity rates for one
community with another community. Mr. Pribyl has done some work on that and maybe he
wants to repeat what he found.
Mr. Pribyl replied what we found when we looked at the largest communities that are
comparable in size and actually larger in Anoka County, we are the second to the lowest as far as
our tax capacity rate. The lowest is Ham Lake.
Mr. Holum stated it is too bad they cannot just say that straightforward.
Mr. Pribyl said if he has questions and would like to come in and go over it, to give us a call.
Mr. Holum stated Dr. Burns mentioned budget reserves but not any dollars. He asked how much
it was.
Dr. Burns stated the $1.6 million that he talked about is what they are taking out of our general
fund reserve, and that is round numbers. It comes out of the general fund reserve, the closed
bond fund, and the liquor fund which is a rolling amount.
Mr. Holum asked if it has affected his property taxes.
Dr. Burns stated we have not raised property taxes. It keeps the taxes down.
Mr. Holm asked because of this.
Mayor Lund said we are restricted in our ability to raise taxes. Fridley is under the Charter
restriction. To make up the difference in revenues, and since our expenditures are greater, we
make the transfer of the profits from liquor sales. The balance, a little over a million dollars,
comes out of reserve savings which is rapidly depreciating and is of grave concern.
Mr. Holum stated he thinks we have to do more as citizens and legislators, and we need to get
on the band wagon and start making people listen to our needs. He for one would certainly like
to volunteer to go on a trip to the legislature, but he thinks they have to start having more citizens
in Fridley do just that.
Mayor Lund said citizen involvement would be fantastic, but very few people do that.
Councilmember Bolkcom asked if Dr. Burns could put the budget message on the website
before presenting it if people do have questions and they cannot attend the meeting, they can ask
them. They should maybe send out a letter and put it in some other places.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 31
MOTION by Councilmember Bolkcom to close 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 WAS CLOSED
AT 10:55 P.M.
8. Approve Change Order No. 1 to Miscellaneous Concrete Repair Project No. 375.
James Kosluchar Public Works Director, stated there are three items reflecting work that was
performed on this summer's project. They are related to reconstruction on Ashton Avenue and a
conflict with an e�sting 24-inch natural gas main. This is not the CenterPoint gas main that was
constructed this summer. That was a separate main.
Mr. Kosluchar stated Item No. 8 is for additional costs to install a protective cap on the gas
main. The purpose of the cap was two-fold: to make anybody excavating aware that gas main
exists there and, to provide some load transfer because it is so shallow. That was an existing
condition we had to deal with.
Mr. Kosluchar stated Item No. 9 is a more typical change. He believes there were 10 items and
they are for the street reconstruction proj ect. They generally smaller ticket items.
Mr. Kosluchar stated Item No. 10 is again related to the Ashton Avenue work This is in
relation to our general contractor for the street reconstruction project. This change order is
related to the method they used to reconstruct the street. They had to use a different method
because of the gas main proximity to the surface. Ashton Avenue is in the west central area of
the project and the portion we are talking about is from 62"d to 64th Way.
Mr. Kosluchar stated during the design process we discovered there was an existing 24-inch gas
main. We worked with CenterPoint Energy. It took some time to find out where it was located
and whether we were going to interfere with it. We did three different sets of potholing on the
main. We were done with design and bidding by the time we got all this information. So we
were looking at a change order, possibly changing the profile of the road. We found out that we
could address the profile of the road because of the intersecting side streets. He said they did not
have CenterPoint do the work to basically keep the project moving and on schedule. In addition,
we have some right-of-way issues which he has been working on with Attorney Knaak. He said
he is fairly comfortable that we can get Items 8 and 10 reimbursed in the amount of about
$26,000
Councilmember Bolkcom asked why the main line was not replaced. She asked whose
responsibility it was and why we did not wait on this and put it in another project next year.
Mr. Kosluchar said that was the first thing they talked about when they found out that the gas
main was constructed prior to the road. CenterPoint presented the thought that the City road is
there and we may or may not be able to force them to relocate that line. At any rate to
reconstruct that line from their dollars would have cost about $500,000 to $600,000 according to
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 32
what they told us. So it would have been a prolonged site. We would not have been able to
construct it this year. We also consider not constructing it this year, but we had all the side
streets that were attached. We have the rail station that is going in just south of this location
potentially next year. We did not want to hamper the completion of this project. Instead we
went ahead and CenterPoint has been good work with.
Councilmember Bolkcom asked if we had any long-term issues or concerns. Are we really
assured there would not be any problems? Do we actually have something from CenterPoint
saying this is a good solution? It seems like we sort of have a band-aid on something.
Mr. Kosluchar replied this is the solution they recommended. Structurally it is their main. We
want to protect that main in the neighborhood. It is in a much better, safer condition than it was
before they started this reconstruction work. We did some adjustments to the road grade where
we could. It was less protected before.
Councilmember Bolkcom asked if they have anything from CenterPoint saying this is a
solution as far as liability. Is this the normal routine when they find something like this?
Attorney Knaak stated he did not know what their usual practice is. However, he would
anticipate there would be no additional exposure on the part of the City.
Councilmember Bolkcom asked if this is the normal routine.
Mr. Kosluchar replied, actually he has seen this before. He has never seen this done with a gas
main but he has seen it with a water main.
Councilmember Barnette asked if the project was completed.
Mr. Kosluchar replied it is done with the exception of a final course of pavement.
Councilmember Barnette said which will be done next spring.
Mr. Kosluchar replied correct.
Mayor Lund asked how shallow the 24-inch main was.
Mr. Kosluchar replied it is less than 2 feet at some points.
Mayor Lund asked if they were concerned about frosting.
Mr. Kosluchar replied the main has been there since 1959.
MOTION by Councilmember Barnette to Approve Change Order No. 1 to Miscellaneous
Concrete Repair Proj ect No. 375. Seconded by Councilmember Saefke.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 33
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
9. Approve Change Order No. 2 to 2008 Street Improvement Project No. ST. 2008-01.
MOTION by Councilmember Bolkcom to Approve Change Order No. 2 to 2008 Street
Improvement Project No. ST. 2008-01. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
10. Approve Change Order No. 3 to 2008 Street Improvement Project No. ST. 2008-1.
MOTION by Councilmember Bolkcom to Approve Change Order No. 3 to 2008 Street
Improvement Project No. ST. 2008-1. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
1. Approve Extension of Special Use Permit, SP #05-03 and Variance, VAR #05-14, by
Kinghorn Company for Woodcrest Baptist Church, to Allow an Expansion of an
Existing Church in a Multi-Family Zoning District, Generally Located at 6875
University Avenue N.E. (Ward 1).
Councilmember Bolkcom asked if they have received three or four extensions.
Scott Hickok, Community Development Director, said the proj ect was approved in 2005.
Councilmember Bolkcom said maybe this should be the last time.
Mr. Hickok said they have indicated that projects like this depend largely on the kindness and
donations of others, and at a time when contributions are down, they are seeing the same thing.
They have the project designed and it has not changed. When it gets this far from when it was
approved, people can forget and then all of a sudden there is a project in their neighborhood that
was approved four years ago and they were not expecting to see it anymore.
Mayor Lund said their letter asks for at least one more extension, so there is a good likelihood
that they may be back again for another extension given the amount of donations. It may be
appropriate to make a stipulation now or at a future request that given the length of time, they
need to send out a letter notifying the neighborhood in the 350—foot radius or whatever that this
is still an ongoing proj ect, and we would like some feedback if they have an issue.
Councilmember Saefke said the letter states that they are taking a wait and see approach. He
said he does not have a problem extending it for one more year knowing full well how these
proj ects go, especially now with the goodwill of people. He does not think it does any harm. He
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 34
would suggest they allow one more extension and then if nothing happens, they deny any more
extensions. When they get the money they can come back.
Councilmember Bolkcom stated she is sure another concern is they would have to pay for
another permit application.
William Burns, City Manager, asked Mr. Hickok whether they have had a lot of neighborhood
concern over this project.
Mr. Hickok replied, none. No inquiries have been made at all since 2005. There was very little
public input on it.
MOTION by Councilmember Saefke to approve the extension of Special Use Permit, SP #OS-03
and Variance, VAR #OS-14, by Kinghorn Company for Woodcrest Baptist Church. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
11. Informal Status Reports.
Mayor Lund stated since it was brought up twice this evening, because the administrative
hearing took a significant amount of time, it delayed our typical process and the public hearing
on the budget would have been held earlier. In retrospect, the administrative hearing should
have been placed at the end of the agenda. The administrative hearing was never meant to be
scheduled on the same night.
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 11:16 P.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
CITY COUNCIL MEETING
CITY OF FRIDLEY
DECEMBER 15, 2008
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 730 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
James Kosluchar, Public Works Director
Fritz Knaak, City Attorney
Richard Pribyl, Finance Director
Scott Hickok, Community Development Director
PRESENTATION:
Rachel Harris, Recycling Coordinator, presented an overview of the City's recycling services.
APPROVAL OF PROPOSED CONSENT AGENDA
NEW BUSINESS:
1. Resolution Certifying Final Tax Levy Requirements for 2009 to the County of Anoka.
William Burns, City Manager, said this resolution certifies the final tax levy to Anoka County.
The levy for 2009 covers the following:
1. General Fund - $8,352,474
2. Capital Project Fund (Parks) - $107,300
3. Six Cities WMO - $6,200
4. SNC Levy - $302,900
5. 2005-2007 GO Bond Issues (streets) -$523,613
Dr. Burns said the final tax levy for 2009 was calculated as follows:
1. $9,527,433 (2008 levy)
2. + $247,713 (2.6% inflation amount)
3. $9,775,146 (2009 proposed tax levy)
4. +$147,500 (2008 Street GO bond levy)
5. $9,922,646 (2009 total levy before State levy limit)
6. $9,472,487 (20091evy per State levy limit)
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 15, 2008 PAGE 2
Dr. Burns said the levy for 2009 is $54,946 or about .6% less than the 2008 levy. Staff
recommends Council's approval.
ADOPTED RESOLUTION NO. 2008-60.
2. Resolution Authorizing the Final Budget for the Fiscal Year 2009.
William Burns, City Manager, said this resolution authorizes the final budget for 2009. The
resolution is required by law to be submitted to the County within five working days of
December 20, annually. The resolution approves the General Fund, Special Revenue Funds,
Capital Projects Fund, and Agency Fund budgets. It does not apply to the City's Enterprise
Funds. Proposed budgets were reviewed in detail in the City Manager's annual budget message.
The budgets include the following amounts:
1. General Fund — $14,920,090
2. Special Revenue Funds — $1,253,482
3. Capital Projects Fund — $1,497,000
4. Agency Fund - $6,200
Staff recommends Council's approval of the 2009 budget.
ADOPTED RESOLUTION NO. 2008-61.
3. Resolution Authorizing a Change in Mileage Reimbursement Rates for the 2009
Calendar Year.
William Burns, City Manager, said this resolution increases the mileage reimbursement rate for
City employees in conjunction with IRS rulings. Under their latest ruling, the mileage
reimbursement rate was changed to $.550/mile. Based on past practice, staff is recommending
that Council increase the City's current rate from $.505/mile to $.550/mile to conform to the
current IRS rate.
ADOPTED RESOLUTION NO. 2008-62.
4. Resolution Approving Special Legislation (2008 Second Tax bill) (Laws of Minnesota,
2008, Chapter 366, Article 5, Section 23)
William Burns, City Manager, said this is a"do-over" of a resolution adopted in June. The
resolution provides for Council's acceptance of special legislation approved by the legislature to
assist Fridley with the Northstar project. In accepting the State legislation in June, our resolution
referenced Section 24 when it should have referenced Section 23. This new resolution will be
submitted to the Secretary of State to replace the old one. Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
5. Resolution Ordering Preparation of a Preliminary Report and Preliminary Plans and
Specifications for Street Rehabilitation Project No. ST. 2009-1.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 15, 2008 PAGE 3
William Burns, City Manager, said that this project includes the University Avenue West
Service Drive between 85th Avenue and 69th Place. It also includes 2.1 miles of streets in the
Sylvan Hills neighborhood. Implementing the Sylvan Hills portion of the project will depend on
the price of oil and asphalt. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2008-64.
6. Approve Agreement for Legal Services between the City of Fridley and Newquist &
Herrick Law Offices, P.C., and Carl J. Newquist.
William Burns, City Manager, said the City decided to do a Request for Proposal and
Qualifications for prosecution services in the years 2009 through 2011. We received ten
responses. The ten respondents were rated on eight different factors including capacity,
experience, technology, and compatibility. We also analyzed the costs and fee proposals.
Dr. Burns said three firms were selected for interviews. The members of the interviewing panel
were the Public Safety Director pon Abbott, Captain Bob Rewitzer, Lieutenant Mike Monsrud,
Bloomington's Associate Attorney Torrie Schneider, and the City Manager. Carl Newquist was
selected based on his proposed retainer and fees and on his track record as the current City
Prosecutor. Carl's retainer for 2009 is $272,850, and we anticipate $10,000 in fees for subpoena
service and $3,000 for cases appealed beyond the District Court. These costs compare with a
budgeted amount of $320,000 for prosecution services in 2009. We have also negotiated a 3%
increase in Carl's retainer and fees for 2010 and 2011. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2008-65.
7. Claims (138973 —139076).
APPROVED.
8. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
9. Estimates.
APPROVED THE FOLLOWING ESTIMATES:
Midwest Asphalt Corp.
5929 Baker Road, Suite 420
Minnetonka, MN 55345
2008 Street Improvement Proj ect No. ST. 2008 — 1
Estimate No. 7 .................................................................................. $ 288,185.01
Standard Sidewalk
10841 Mankato Street N.E.
Blaine, NIN 55434
2008 Miscellaneous Concrete Repair
EstimateNo. 5 .................................................................................. $ 7,885.01
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 15, 2008 PAGE 4
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Bolkcom asked for Item 4 to be removed.
MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of Item
4. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA:
MOTION by Councilmember Bolkcom to adopt the Agenda with the addition of Item 4
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM (VISITORS):
Mayor Lund responded to an open forum item from the last Council meeting regarding the way
a citizen was addressed by police officers on an issue regarding signing, freedom of speech and
the political process. The issue has been brought to the attention of the City Council and Police
Department.
NEW BUSINESS:
10. Resolution Approving Recycling Service Fees.
Scott Hickok, Community Development Director, said this resolution would increase the
recycling service fees by 2.6% which is the maximum in which a fee can be raised according to
Charter. The increase would amount to 68 cents per year for residents.
Mayor Lund asked who is responsible for the shortfall in the difference between what is
collected from residents and what the City pays for the recycling service.
Mr. Hickok said staff has asked the County for help with the shortfall, but it looks like the City
will absorb the shortfall. The way the formulas work together, revenue funds are not able to be
used to help with the shortfall. Because of the Charter law, the City is unable to increase the
fee's enough to cover the total increase.
Mayor Lund asked if it would be less of a burden in cost if people were better at recycling.
Mr. Hickok said the goal is to help people be better at recycling. The fee is something that will
increase in the future depending on the market and the ability to negotiate a good contract. Staff
will try to negotiate to the best of their ability but do not anticipate any revenue sharing from the
County.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 15, 2008 PAGE 5
MOTION by Councilmember Bolkcom to adopt Resolution No. 2008-65. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
11. Resolution Providing for Sewer Structure and Rate Change.
Richard Pribyl, Finance Director, said that utility rate discussions were part of the 2009 Budget
process. As part of the 2007 Charter change in which utility rates were removed from the
restriction, a rate study had been mentioned. During 2008, a rate study was commissioned and a
new rate structure emerged.
Mr. Pribyl said the Metropolitan Council Environmental Services budget for 2009 is
$3,136,698, and it represents approximately 75% of this total budget. A fixed charge would be
$7.12 per customer, a volume charge would be $3.01 per 1,000 gallons. The water meter is used
both for water sales and sewer sales.
Mr. Pribyl said the recommended rate structure for 2009 would include a fixed charge of $7.12
per quarter. The volume charge would continue to be $3.01 per 1,000 gallons. Minimum
consumption amounts were eliminated and the Qualifying Disabled and Senior max of $30.10
was eliminated. The rate change implications for the average customer using 96,000 gallons per
year would increase by $16.44 a year. The rate change structure would be effective for the first
billing period in January of 2009.
MOTION by Councilmember Barnette to adopt Resolution No. 2008-66. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
12. Resolution Providing for a Storm Water Drainage Rate Change.
Richard Pribyl, Finance Director, said staff indicated the Storm Water Fund would require an
increase for 2009. Staff recommends that the Resident Equivalent Factor (REF) be increased to
$10.35 per quarter. This increase would be effective with the first billing period in January
2009. Staff recommends Council's approval.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2008-67. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
13. Resolution Providing for Water Structure and Rate Change.
Richard Pribyl, Finance Director, said the rate study previously mentioned has evolved into a
much more complicated process for water sales. The water rate portion of the study had three
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 15, 2008 PAGE 6
base rate structures to study. As with the sewer rate structure, a fixed and volume based
component was evaluated for the water rate structure.
Mr. Pribyl said the elements needed should provide for sufficient revenue to support the annual
operating expenses, support the increase capital items needed to keep the infrastructure running,
and have adequate cash flow in order to pay bills throughout the 12-month period without any
borrowing.
Mr. Pribyl said we were told by the Department of Natural Resources that the conservation rate
structure as should have a rate differential that would discourage large volumes of water use by a
customer class. Staff discovered that within the residential customers, our volume bands were
narrow as compared to our commercial customers. Most of our residential users were in the
20,000 to 60,000 gallon bands.
Mr. Pribyl said after studying in excess of 15 to 20 structure and rate variations, staff settled on
a conservation rate structure that was also reviewed by the Department of Natural Resources for
compliance. The new fixed cost will be $9.50 per quarter. Volume charge step feature that is
conservation based which was reviewed by the DNR. The minimum charge and the senior rate
were eliminated. The charge is now fixed and volume based. The rate change implications for
the average residential customer using 96,000 gallons per year would have increase the cost by
$21.94 year. This rate change structure would be effective for the first billing period in January
of 2009. Total cost of water and sewer changes for the average customer is estimated to be
$38.38 per year.
Councilmember Saefke asked for clarification that the fixed rate would be paid no matter what
but if residents did not use excessive amounts of water, a volume charge would not be applied.
Mr. Pribyl said that is correct.
Councilmember Bolkcom asked if staff was still trying to catch up from the money lost with the
Charter restriction and if that has an impact on the larger increase.
Mr. Pribyl said that is correct.
Mayor Lund said that although the rates are lower for the smaller users, the first 20,000 will be
charged at $1.08 and once 20,000 is reached, the rates will be increased. This is a good plan and
the rates are tiered to encourage conservation.
MOTION by Councilmember Saefke to adopt Resolution No. 2008-68. Seconded by
Councilmember Bolkcom
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
4. Resolution Approving Special Legislation (2008 Second Tax Bill) (Laws of Minnesota
2008, Chapter 366, Article 5, Section 23).
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 15, 2008 PAGE 7
Councilmember Bolkcom said there was no reference in the presentation as to how the error
was found. She was concerned if the lawyers did not look closely this may not have been
caught.
Scott Hickok, Community Development Director, said this is much like when the City does
ordinance work Many times codes and sections may shift. This type of error happens at the
State level as well. Based on modifications, only the section number was changed.
Councilmember Bolkcom asked if in any way this would affect the City's ability to create these
districts.
Mr. Hickok said that the intent was clear and this is a numerical correction and nothing else.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2008-63. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
14. Informal Status Report.
William Burns, City Manager, said City offices will be closed on December 26 and January 1
and at 2:00 p.m. on Christmas eve and New Year's eve. City offices will be open on January 2.
Mayor Lund said they received an email from the League of Minnesota Cities which said the
Governor is likely to use the unallocated funds and withhold payment of Local Government Aid
(LGA). Cities are expected to receive their second payment of LGA funds on or about
December 26. If these funds are not received, it will throw Fridley's budget off with the
likelihood of unallocated funds. If the LGA funding is cut, it will further put the City of Fridley's
budget in the hole. Fridley is much better off than other cities in Minnesota as Fridley has about
5 to 6 years before the savings account funds are depleted. There will have to be significant
changes to the City's budget. The State needs to find a better way to balance the budget rather
than taking away the LGA payments.
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:36P.M.
Respectfully Submitted,
Krista Monsrud Scott J. Lund
Recording Secretary Mayor
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Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 5, 2009
December 30, 2008
Wlliam Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Consideration of an Extension for SP #07-09 for the Sikh Society Property at 5350
Monroe Street
M-08-29
ANALYSIS
On November 5, 2007, the City Council approved a special use permit to allow for the
construction of a new worship facility on the vacant lot at 5350 Monroe Street, which will be
used for the Sikh Society's new temple.
The petitioner has contacted staff asking for an extension of their Special Use Permit based on
several factors. The first of which is that they have encountered several delays related to
access of the site. Petco and Target have denied the petitioner an access easement to their
site, which in turn is requiring the petitioner to re-engineer the site for access purposes as well
as for ponding purposes. Since access has been denied by Petco and Target it is likely that the
petitioner will need to traverse one of the wetlands on their site. If one of the wetlands is
impacted, the petitioner will be required to go through the wetland replacement process with the
City, which will involve City Council approval. The petitioner also states that they are in the
process of fundraising for the project, which they hope to have completed soon.
PLANNING STAFF RECOMMENDATION
City Staff recommends granting a one-year extension on Special Use Permit, SP #07-09, which
should allow the petitioner the additional time needed to figure out their access issues and
secure funding for the project.
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FROM:
SUBJECT:
DATE:
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 5, 2009
WILLIAM W. BURNS, CITY MANAGER
RICHARD D. PRIBYL, FINANCE DIRECTOR
RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES
December 24, 2008
Attached is a resolution that will appoint Wells Fargo Bank Minnesota N.A. as the City's official
depository for 2009.
The service we receive has been very good; Wells Fargo Bank Minnesota N.A. has been responsive
to our requests for information and does provide extensive internet services of which the City of
Fridley uses extensively.
In using Wells Fargo Bank Minnesota N.A. we are able to invest idle cash on a daily basis with
minimum cost to the City. We are able to determine daily needs and invest the balance in a money
market account with Wells Fargo and other very competitive banks. If we were to change the
provider for the banking services we would need to change the method in which we invest idle funds
and the ease in which we make deposits.
RDP/me
Attachment
RESOLUTION NO. 2009 -
RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES
FOR THE CITY OF FRIDLEY
I, Richard D. Pribyl, do hereby certify that I am Finance Director-Treasurer of the City of Fridley, a corporation
organized under the laws of the State of Minnesota. I further certify that at a meeting of said corporation duly and
properly called and held on the St'' day of January, 2009, the following resolution was passed; that a quorum was
present at said meeting; and that said resolution is set forth in the minutes of ineeting and has not been rescinded or
modified.
IT IS HEREBY RESOLVED, that Wells Fargo Banks is hereby designated as a depository for the funds of this
corporation.
IT IS FURTI�R RESOLVED, that checks, drafts or other withdrawal orders issued against the funds of this
corporation on deposit with said bank sha11 be signed by two of the following:
Richard D. Pribyl, Finance Director-Treasurer
Alan D. Folie, Assistant Finance Director
William W. Burns, City Manager
and that said bank is hereby fully authorized to pay and charge to the account of this corporation any checks,
drafts, or other withdrawal orders.
BE IT FURTI�R RESOLVED, that Wells Fargo Banks as a designated depository of the corporation is hereby
requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in this
corporation's name, including those drawn to the individual order of any person or persons whose name or names
appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of two of
the following:
Richard D. Pribyl, Finance Director-Treasurer
Alan D. Folie, Assistant Finance Director
William W. Burns, City Manager
and Wells Fargo Banks shall be entitled to honor and to charge this corporation for all such checks, drafts or other
orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been
affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed
with Wells Fargo Banks by the City Clerk or other officer of his corporation.
BE IT FURTHER RESOLVED, that any and a11 resolutions heretofore adopted by the City Council of the
corporation and certified to as governing the operation of this corporation's account(s) with it, be and are hereby
continued in full force and effect, except as the same may be supplemented or modified by the foregoing part of
this resolution.
Page 2- Resolution No. , 2009
BE IT FURTI�R RESOLVED, that all transactions, if any relating to deposits, withdrawals, re-discounts and
borrowings by or on behalf of this corporation with said bank prior to the adoption of this resolution be, and the
same hereby are, in all things ratified, approved and confirmed.
BE IT FURTHER RESOLVED, that any bank or savings and loan may be used as depositories for investment
purposes so long as the investments comply with authorized investments as set forth in Minnesota Statutes.
BE IT FURTI�R RESOLVED, that the signatures of two of the following named City employees are required for
withdrawal of City investment funds from savings and loan associations:
Richard D. Pribyl, Finance Director-Treasurer
Alan D. Folie, Assistant Finance Director
William W. Burns, City Manager
BE IT FURTI�R RESOLVED, that any brokerage firm may be used as a vendor for investment purposes so long
as the investments comply with the authorized investments as set forth in Minnesota Statutes.
I further certify that the Council of this corporation has, and at the time of adoption of said resolution had, full
power and lawful authority to adopt the foregoing resolutions and to confer the powers therein granted to the
persons named who haue full power and lawful authority to exercise the same.
PASSED AND ADOPTED BY TI� CITY COUNCIL OF TI� CITY OF FRIDLEY THIS DAY OF
JANUARY, 2009.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
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FRIDLEY
T0:
FROM:
SUBJECT:
DATE:
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 5, 2009
WILLIAM W. BURNS, CITY MANAGER
RICHARD D. PRIBYL, FINANCE DIRECTOR
DESIGNATING AN OFFICIAL NEWSPAPER
FOR THE YEAR 2009
December 24, 2008
Attached is a resolution designating the Focus News as the official legal newspaper for the City of
Fridley for the year 2009. The Minneapolis Star Tribune is designated as the City of Fridley's second
official newspaper for the year 2009.
RDP/me
Attachment
RESOLUTION NO. 2008 -
RESOLUTION DESIGNATING AN OFFICIAL NEWSPAPER
FOR THE YEAR 2009
WHEREAS, the Charter of the City of Fridley requires in Section 12.01 thereof that the City Council
annually designate an official newspaper for the City.
NOW, THEREFORE, BE IT RESOLVED that the Focus News is designated the official legal
newspaper for the City of Fridley for the year 2009 for all publications required to be published
therein.
BE IT FURTHER RESOLVED that the Minneapolis Star and Tribune be designated as the City of
Fridley's second official newspaper for the year 2009.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF JANUARY, 2009.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
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FRIDLEY
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 5, 2009
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
Layne Otteson, Assistant Public Works Director
January 5, 2009
2009 Load Limit Designation
PWU9-001
Attached is a resolution establishing the winter/spring load limits for the City Streets in
Fridley.
We receive annual approval from the City Council to publish winter/spring load limits for
City Streets. This allows us to place the notice in the newspaper at an appropriate time
based upon the spring thaw. Load limits stay in effect until the Anoka County Highway
Department informs us of them raising the limits on County roads in Fridley.
To facilitate the notification process, recommend the City Council adopt the attached
load limit resolution for 2009.
JPK:jk
Attachment
RESOLUTION NO. 2009 —
RESOLUTION IMPOSING LOAD LIMITS ON PUBLIC STREETS
IN THE CITY OF FRIDLEY, MINNESOTA
BE IT RESOLVED by the City Council of the City of Fridley as follows:
A. That pursuant to Chapter 503, City Code of Fridley, Minnesota, 1978 that commencing on the
date ordered by the State of Minnesota Commissioner of Transportation, and continuing until the
15th day of May, 2007, unless sooner terminated or thereafter continued, no vehicle shall be
driven or operated upon any street or in the City under jurisdiction of the City where the weight
of such vehicle exceeds:
4 TON PER AXLE
B. The above restriction shall not apply, but shall instead be limited to
9 TON PER AXLE
with respect to the following named streets, to-wit:
STREET
31d Street
31d Street
3�d Street
4�` Street
5�` Street
5�` Street
5�` Street
5�` Street
6�` Street
7�` Street
40'h Avenue
45�` Avenue
Slst Way
52nd Avenue
52nd Way
531d Avenue
531d Avenue
531d Way
54�` Avenue
57�` Avenue
57 'h Avenue
57�` Place
58�` Avenue
58�` Avenue
58 'h Avenue
60�` Avenue
61st Avenue
FROM
45�` Avenue
49�` Avenue
Mississippi Street
57�` Avenue
57'h Avenue
61 st Avenue
57'h Avenue
61 st Avenue
67�` Avenue
53rd Avenue
Main Street
Main Street
East River Road
Taylor Street
Ashton Avenue
Main Street
Matterhorn Drive
E. River Road Ser. Dr.
7�` Street
T.H. #47
University E. Service Rd
7�` Street
7�` Street
Jackson Street
West of Monroe Street
4�` Street
Starlite Boulevard
TO
46�` Avenue
531d Avenue
Satellite Lane
61 st Avenue
60�` Avenue
Mississippi Street
60�` Avenue
631d Avenue
Rice Creek Terrace
67th Avenue
California Street
University Avenue
Industrial Blvd.
Buchanan Street
Industrial Boulevard
Cheri Lane
Fillmore Street
Industrial Boulevard
Madison Street
Quincy Street
6�` Street
Jefferson Street
Jefferson Street
West Moore Lake Drive
Monroe Street
5�` Street
West Moore Lake Drive
Resolution No. 2009-_
STREET FROM TO
61st Avenue
631d Avenue
631d Avenue
631d Avenue
64�` Avenue
64�` Avenue
65 'h Way
66�` Avenue
66�` Avenue
66�` Way
66'h Way
67th Avenue
67�` Avenue
67�` Way
68�` Avenue
68�` Avenue
68�` Place
69�` Avenue
69�` Avenue
69�` Place
71-1/2 Way
71st Avenue
72na Avenue
731d Avenue
731d North Service Drive
74�` Avenue
75�` Avenue
75�` Way
76�` Way
77�` Avenue
78�` Avenue
79�` Avenue
79�` Way
81st Avenue
831d Avenue
Able Street
Able Street
Alden Way
Alley E of Beech Street
Arthur Street
Arthur Street
University Avenue
5�` Street
T.H. #47 E. Service Dr.
Quincy Street
Arthur Street
Jackson Street
Hickory Street
Arthur Street
Jackson Street
Hickory Street
Rice Creek Way
Brookview Drive
Monroe Street
Rice Creek Way
Brookview Drive
T.H. #65 E. Service Dr
Lucia Lane
Central Avenue
145 feet W of Rice Creek Blvd
Rice Creek Boulevard
200' west of Alden Cr
T.H. #47 E. Service Dr.
T.H. #65
Commerce Circle West
University Ave East Serv Drive
University Ave East Serv Drive
Central Avenue
Osborne Way
Alden Way
East River Road
E. Burlington No. R/W
E. Burlington No. R/W
W. Burlington Na R/W
Hickory Street
Main Street
West Moore Lake Drive
Overton Street
79�` Avenue
78�` Avenue
Camelot Lane
North Danube Road
7�` Street
7�` Street
Monroe Street
Jackson Street
Central Avenue
Van Buren Street
Ashton Avenue
609 Ft West
Able Street
Ashton Avenue
Ashton Avenue
West end cul-de-sac
Quincy Street
Ashton Avenue
Monroe Street
Channel Road
TH65 East Service Drive
East City Limits
University W. Service Drive
69�` Avenue
to cul-de-sac
Park Entrance
Central Avenue
Central Avenue
Able Street
Lyric Lane
Stinson Boulevard
Alden Way
East to cul-de-sac
Ranchers Road
Main Street
T.H. #47
Riverview Terrace
T.H. #47
T.H. #47
66�` Avenue
Rice Creek Terrace
75�` Way
79�` Avenue
Mississippi Street
400 feet north
Page 2 of 7
Resolution No. 2009-_
STREET FROM TO
Ashton Avenue
Ashton Avenue
Ashton Avenue
Ashton Avenue
Baker Street
Ballet Boulevard
Beech Street
Bellaire Way
Bellaire Way
Benjamin Street
Bennett Drive
Berne Road
Broad Avenue
Brookview Drive
Buchanan Street
Buffalo Street
California Street
Camelot Lane
Carrie Lane
Channel Road
Cheri Lane
Cheri Lane
Cheri Circle
Cheryl Street
Chesney Way
Commerce Circle East
Commerce Circle South
Commerce Circle West
Commerce Lane
Concerto Curve
Craig Way
Craigbrook Way
Creek Park Lane
Dover Street
Dover Street
East Danube Road
East Moore Lake Drive
East River Rd. Serv. Dr.
East River Rd. Serv. Dr.
East River Rd. Serv. Dr.
Elm Street
52nd Way
65 'h Way
79�` Avenue
Hickory Drive
731d Avenue
Lyric Lane
77�` Avenue
Alden Way
Alden Way
Gardena Avenue
Quincy Street
Windemere Drive
Buffalo Street
Mississippi Street
531d Avenue
Riverview Terrace
40'h Avenue
Squire Drive
Quincy Street
68�` Avenue
531d Avenue
7�` Street
Cheri Lane
Riverview Terrace
East River Road
731d Avenue
Commerce Circle East
Commerce Circle South
731d Avenue
731d Avenue
East River Road
Alden Way
Central Avenue
Ely Street
Riverview Terrace
Matterhorn Drive
T.H. #65
Slst Way
57th Way
79�` Way
77�` Avenue
Industrial Blvd.
Rice Creek Way
Ironton Street
Ashton Ave
Osborne Road
Memory Lane
81 st Avenue
Park Property
Pearson Way
Rice Creek Road
Jackson Street
Berne Cir east cul-de-sac
Lafayette Street
Rice Creek Terrace
To Columbia Hgts Border
Broad Avenue
South Terminus
Arthur Street
Jackson Street
North Terminus
Fillmore Street
East Terminus
South Terminus
Broad Avenue
355 feet West
Commerce Circle South
Commerce Circle West
731d Avenue
Osborne Road
Ballet Boulevard
Cul-de-sac
East River Road
Arthur Street
West end of cul-de-sac
Broad Avenue
N.Innsbruck Dr.
Central Avenue
N. to Cul-de-Sac
N. of 57th Way
Liberty Street
79�` Avenue
Page 3 of 7
Resolution No. 2009-_
STREET FROM TO
Ely Street
Ely Street
Fairmont Circle
Fairmont Street
Fillmore Street
Fillmore Street
Firwood Way
Fireside Drive
Gardena Avenue
Gardena Circle
Gardena Lane
Glacier Lane
Glen Creek Road
Glencoe Street
Hackmann Avenue
Hackmann Circle
Hartman Circle
Hathaway Lane
Heather Circle
Heather Place
Hickory Drive
Hickory Street
Hickory Street
Hickory Street
Hillcrest Lane
Hillwind Road
Hugo Street
Industrial Boulevard
Ironton Street
Ironton Street
Jackson Street
Jackson Street
Janesville Street
Jefferson Street
Jefferson Street
Kerry Lane
Kennaston Drive
Kimball Street
Kristin Court
Lafayette Street
Liberty Street
East River Road
Riverview Terrace
East River Road
Riverview Terrace
531d Avenue
531d Avenue
Pearson Way
T.H. #65
Central Avenue
Gardena Lane
Gardena Avenue
Matterhorn Drive
Logan Parkway
Riverview Terrace
Tennison
Hackmann Avenue
East River Road
Hackmann Avenue
Heather Place
Central Avenue
70�` Way
78�` Avenue
81st Avenue
Mississippi Street
Woody lane
Matterhorn Drive
Riverview Terrace
Slst Way
Hugo Street
Riverview Terrace
Carrie Lane
631d Avenue
Riverview Terrace
57�` Place
Madison Street
Ben More Drive
Jackson Street
Riverview Terrace
Stinson Boulevard
Broad Avenue
East River Road
West end of cul-de-sac
Broad Avenue
East River Road
East River Road
Cheri Lane
Through cul-de-sac
79�` Way
Central Avenue
East City Limits
Thru Cul-de-sac
Woody Lane
St. Moritz Drive
East River Road
East River Road
Central Avenue
Hackmann Avenue
West 400 Lineal Feet
East end of cul-de-sac
through cul-de-sac
through cul-de-sac
Ashton Ave
79�` Avenue
600 feet north
Rice Creek Way
Central Ave
Hackmann Avenue
East River Road
Ashton Avenue
Ashton Avenue
East River Road
58�` Avenue
68�` Street
East River Road
59�` Avenue
210 feet south
Rice Creek Road
Monroe Street
East River Road
End of cul-de-sac
East River Road
West end of cul-de-sac
Page 4 of 7
Resolution No. 2009-_
STREET FROM TO
Lincoln Street
Logan Parkway
Logan Parkway
Logan Parkway
Longfellow Street
Lynde Drive
Lyric Lane
Madison Street
Madison Street
Main Street
Main Street
Matterhorn Drive
Medtronic Parkway
Melody Drive
Memory Lane
Mississippi Street
Monroe Street
North Danube Road
North Innsbruck Drive
Oakley Street
Onondaga Street
Osborne Way
Overton Drive
Pandora Drive
Pearson Way
Pierce Street
Pierce Street
Polk Street
Quincy Street
Quincy Street
Rainer Pass
Ranchers Road
Regis Drive
Regis Lane
Regis Terrace
Regis Trail
Rice Creek Boulevard
Rice Creek Terrace
Rice Creek Way
Rickard Road
Riverview Terrace
Buchanan Street
Riverview Terrace
Riverview Terrace
Logan Parkway
East River Road
Hillwind Road
731d Avenue
53'h Avenue
67�` Avenue
Osborne Road
57�` Avenue
South City limits
7�` Street
731d Avenue
731d Avenue
Central Avenue
631d Avenue
West Danube Road
Matterhorn Drive
68�` Avenue
Old Central Ave
East River Road
Kennaston Drive
Monroe Street
East River Road
531d Avenue
Mississippi Street
Hackmann Avenue
57th Avenue
67th Avenue
Glacier Lane
77th Avenue
Hathaway Lane
Regis Drive
Regis Drive
Regis Lane
69�` Avenue
6th Street
East River Road
East River Road
71'hWay
531d Avenue
East River Road
Glen Creek Road
Glen Creek Road
West end of cul-de-sac
Regis Drive
Ballet Boulevard
Cheri Lane
Rice Creek Terrace
831d Avenue
61 st Avenue
Gardena Avenue
T.H. 65
Ballet Boulevard
Ballet Boulevard
Stinson Boulevard
Rice Creek Terrace
N.Innsbruck Drive
East City Limits
Rice Creek Terrace
Hayes Street
75�` Way
Monroe Street
68�` Avenue
Firwood Way
Through cul-de-sac
66�` Avenue
Lynde Drive
Carrie Lane
68�` Avenue
South City Limits
81st Avenue
Regis Lane
Matterhorn Drive
Regis Trail
Through cul-de-sac
University W. Service Drive
Brookview Drive
Ashton Avenue
Alden Way
Logan Parkway
Page 5 of 7
Resolution No. 2009-_
STREET FROM TO
Riverview Terrace
Riverwood Drive
Royal Oak Court
Ruth Circle
Ruth Street
Service Road — Railroad
Shamrock Lane
Skywood Court
Skywood Lane
Skywood Lane
Spring Brook Place
Squire Drive
St. Imier Drive
St. Moritz Drive
Stinson Boulevard
Stinson Boulevard
Stinson Boulevard
Stinson Boulevard
Stonybrook Way
Symphony Street
Talmadge Way
Taylor Street
Tempo Terrace
Tennison Drive
T.H. #47 E. Serv Drive
T.H. #47 E. Serv Drive
T.H. #47 E. Serv Drive
T.H. #47 W. Serv Drive
T.H. #47 E. Serv Drive
T.H. #65 E. Serv Drive
T.H. #65 E. Serv Drive
T.H. #65 E. Serv Drive
T.H. #65 E. Serv Drive
T.H. #65 W. Serv Drive
T.H. #65 W. Serv Drive
T.H. #65 W. Serv Drive
Trollhagen Drive
University E. Serv Drive
University W. Serv Drive
Washington Street
Washington Street
79�` Way
71St Way
Arthur Street
Ruth Street
Ruth Circle
Liberty Street
69�` Avenue
Skywood Lane
Fillmore Street
Fillmore Street
79�` Way
Rice Creek Road
Berne Road
Trollhagen Drive
69�` Avenue
Osborne Road
Mississippi Street
Rice Creek Road
Alden Way
731d Avenue North Service Drive
West Cul-de-sac
52nd Avenue
731d Avenue
Gardena Avenue
53rd Avenue
57 'h Avenue
69th Avenue
73rd Avenue
Osborne Road
68�` Place
73rd Avenue
Osborne Road
63rd Avenue
West Moore Lake Drive
Osborne Road
73rd Avenue
Matterhorn Drive
4�` Street
Rice Creek Boulevard
58�` Avenue
500 feet north of 68�` Avenue
200 ft N of Kimball St.
71St'/z Way
West to cul-de-sac
Ruth Street
Hugo Street
Ely Street
North to cul-de-sac
Through cul-de-sac
West through cul-de-sac
Matterhorn Drive
Longfellow Street
Camelot Lane
South City Limits
South City Limits
68�` Avenue
731d Avenue
66 'h Avenue
800' South of Gardena
Avenue
East River Road
74�` Avenue North
East Cul-de-sac
Through cul-de-sac
Ballet Boulevard
Thru cul-de-sac
North Approx. 500 feet
Mississippi Street
731d Avenue
85�` Avenue
731d Avenue North Service
Drive
68�` Avenue
72na Avenue
Fireside Drive
South 350 feet
64�` Avenue NE
South 800 feet
MCRR Tracks
St. Imier Drive
7�` Street
69�` Avenue
59�` Avenue
Monroe Street
Page 6 of 7
STREET
West Danube Road
West Moore Lake Drive
Windemere Drive
Resolution No. 2009-_
FROM
North Danube Road
T.H. #65 (N.Moore Lake)
Trollhagen Drive
TO
South Cul-de-sac
Medtronic Parkway
Trollhagen Drive
Page 7 of 7
C. Notice of these restrictions shall be published with respect to each of such streets and when so
published, the restrictions shall be in full force and effect; all as provided thereof, under Chapter
503, City Code of Fridley, Minnesota, 1978.
D. A vehicle in excess of such limits may be operated or driven upon a street in the City without
violation of law when the same is done under Special Permit thereof issued in accordance with
the provisions of Minnesota Statutes Sec. 169.87 which are adopted and made a part hereof by
reference the same as if fully incorporated herein.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS STx
DAY OF JANUARY, 2009.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
�
�
CffY OF
FRIDLEY
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 5, 2009
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
January 5, 2009
Award of 85t" Avenue Trail Project,
City of Fridley Project No. ST2008-03
PW09-005
On Monday, December 15, 2008, 14 bids were opened for the 85t" Avenue Trail Project
ST2008-03 (State Project 127-050-12). Attached is a bid tabulation prepared the City's project
consultant, Bonestroo.
In general, work includes improved safety for non-motorized vehicles at the Burlington Northern
Santa Fe (BNSF) rail crossing with an approved crossing area, paved bituminous path, and pile
supported bridge sections to span sensitive wetland areas. The project is located along the
south side of 85t" Avenue from the west side of the BNSF Railroad Tracks to University Avenue.
The project includes additional enhancements such as signed rest areas, bicycle racks, and
refuse containers.
The project construction is funded 80% by a federal enhancement grant, and 20% by local
match. The project estimate was $1,150,000. The low bid by Colt Construction Services, LLC
of Pewaukee, WI was in the amount of $772,638.70. The City's portion of this construction cost
is expected to be less than $155,000. This is well within the budget of $250,000 for the project.
The City's match is to be funded by local Minnesota State Aid System funds.
Due to the federal funding involved in this project, award cannot be made until preliminary
paperwork is approved by MnDOT's EEO office. This submittal, including Disadvantaged
Business Enterprise (DBE) participation paperwork, has been made by the contractor.
Recommend the City Council receive the bids and approve an award of the 85t" Avenue Trail
Project No. ST2008-03 (State Project 127-050-12) to Colt Construction Services, LLC of
Pewaukee, WI in the amount of $772,638.70, conditional upon approval of the MnDOT EEO
office.
JPK/jpk
Attachment
�
�
CffY OF
FRIDLEI'
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 5, 2009
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
January 5, 2009
Elevated Tank 2 Rehabilitation, Proj ect No. 378 - Change Order No. 1
I:,L�LIl•a1Zlx3
Attached is Change Order No. 1 for the Elevated Tank 2 Rehabilitation. The change order is necessary to
modify the contract for work associated with removal of antennas from the tower. The work includes removal
of antennas from the Metrocom-owned system. Metrocom leased space on this tower from the City of Fridley.
They have since gone out of business, and the City is left owning the equipment.
The amount of this change order is $ 2,250.00, which would increase the contract amount to $ 883,150.00. This
is expected to be the final change order for this project, which is approximately 0.3% of the contract amount.
Recommend the City Council approve Change Order No. 1 to Classic Protective Coatings, Inc., in the amount of
$2,250.00.
JPK/j pk
Attachment
�
�
CffY OF
FRIDLEI'
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 5, 2009
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
January 5, 2009
'�1• 11�
Trunk Highway 65 and Moore Lake Drive Traffic Control Signal Replacement
As we discussed during the 2008 budgeting process, MnDOT has programmed replacement of the signal at Trunk
Highway 65 and Moore Lake Drive for 2009. The project was apparently scheduled in coordination with the former
Fridley Public Works Director, but we were unaware of this arrangement until September of 2008.
The e�sting signal is 34 years old (installed in 1974) and is due for replacement before it becomes unreliable or
maintenance costs become prohibitive. Desirable signal design life is 25 years according to MnDOT. MnDOT has
advised that this signal has the worst condition rating in the Metro Area. There are no additional MnDOT signals
scheduled for replacement in Fridley through 2013.
The signals would include upgrades for pedestrian crossings at all four legs of the intersection, and they would be
upgraded to Accessible Pedestrian Signals (APS). APS standards include providing audible pedestrian push buttons,
LED countdown pedestrian indicators, and pedestrian ramps with truncated domes.
Staff recommends using galvanized steel mast arms for this signal system, which is a new standard. If the City elects
to paint the signal poles and pedestals, the painting cost will be 100% City cost. The cost to paint the signal poles and
pedestals is estimated to cost $3000 -$4000 per signal system. Staff also recommends continuing to install internally lit
mast arm signage, which has become standard in the City of Fridley. The cost ofthis upgrade is borne by the City for
$8,000.
Maintenance responsibilities for the signals would remain the same as in the existing signal agreement. MnDOT is
responsible for operation and major maintenance, the City is responsible for minor signal maintenance and luminaire
maintenance, along with power costs.
The standard cost share agreement for reconstruction of these signals is 50% City, 50% MnDOT. Staff has requested
to be placed on the advance MSAS funding list to provide its match. If approved, this would allow the City to use an
estimated $130,000 from 2010 MSAS funds to complete the project.
Recommend the City Council approve staff to work with MnDOT on preparation of an agreement for replacement of
the Traffic Control Signal at Trunk Highway 65 and Moore Lake Drive, to include galvanized poles and internally lit
signage, if the project can be funded from 2010 MSAS funds.
JPKjpk
�
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�ffY �F
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 5, 2009
2009 CITY COUNCIL AND STAFF APPOINTMENTS
2008 REPRESENTATIVE
Mavor Pro Tem:
Councilmember-at-Large Barnette
2009 APPOINTEE
Anoka Countv Law Enforcement Council:
Councilmember-at-Large Barnette, Rep.
Councilmember Varichak, Alternate
Metro Cities•
Mayor Lund, Delegate
Councilmember Bolkcom, Alternate
Lea�ue of Minnesota Cities:
Councilmember Bolkcom, Rep.
Councilmember Saefke, Alternate
School District No. 13:
Councilmember-at-Large Barnette, Rep.
Councilmember Bolkcom, Alternate
School District No. 14:
Councilmember-at-Large Barnette, Rep.
Councilmember Bolkcom, Alternate
School District No. 16:
Councilmember Saefke, Representative
Councilmember Varichak, Alternate
Northstar Corridor Development Authoritv:
Councilmember-at-Large Barnette, Rep.
Paul Bolin, Alternate
Visit Minneapolis North:
Debra A. Skogen, City Clerk
EXPIRE S
12-31-09
12-31-09
12-31-09
12-31-09
12-31-09
12-31-09
12-31-09
12-31-09
12-31-09
12-31-09
12-31-09
12-31-09
12-31-09
12-31-09
12-31-09
12-31-09
� AGENDA ITEM
� COUNCIL MEETING OF JANUARY 5, 2009
�ffY �F
FRIDLEY
CLAIMS
139947 - 140134
� AGENDA ITEM
� CITY COUNCIL MEETING OF JANUARY 5, 2009
��F LICENSES
FRIDLEY
Type of License Applicant Approved By:
Mana erial Li uor Dis ensin James Michael Lo as Public Safet
AMF Ma le Lanes
Mana erial Li uor Dis ensin Gloria Ho e Somers Public Safet
AMF Maple Lanes
Lawful Gamblin Permit Timoth J. Lubacki Public Safet
Alano 5925 University City Clerk
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FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 5, 2009
ESTI MATES
Shank Contractors
3501 — 85th Avenue North
Brooklyn Park, MN 55443
Commons Park Water Treatment Plant Improvements
EstimateNo. 1 .............................................................
Classic Protective Coatings
N7670 State Highway 25
Menomonie, WI 54751
Water Tower No. 2 Rehabilitation Project #378
EstimateNo. 2 .............................................................................
$ 21,292.35
$324,498.15
�
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CffY OF
FRIaLEI'
Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 5, 2009
December 29, 2008
Wlliam Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: PUBLIC HEARING and Second Reading of Rezoning Request, ZOA #05-03, by JLT
East River Road LLC
M-08-27
INTRODUCTION
On September 12, 2005, the City Council approved first reading of a rezoning from M-2, Heavy
Industrial to C-3, Shopping Center, to allow JLT Group Inc. the ability to market their property at
5601 East River Road (northeast corner of Highway 694 and East River Road). The first reading
was accompanied by a speculative site plan and a stipulation that the JLT Group return within 2
years of the date of their approval with a site plan and all the other elements that typically
accompany a rezoning request in the City of Fridley.
BACKGROUND
Since the September 12, 2005 approval of the first reading, the petitioner has required
additional time. As such, they have asked for 18 additional months to allow them the time to
prepare a site plan and work out access issues with their neighbor to the north, US Corrugated.
In order to resolve those access issues with US Corrugated, a plat was contemplated. When
the last 6-mo extension was granted in September of 2008, staff understood that this plat and
the access negotiation delayed the signing on of future prospects for the site.
Since Council's September 12, 2008 approval of the 6-mo extension, the petitioner has met with
staff to determine what is required of them, so they could prepare and submit the necessary
information needed for second reading of the ordinance. Their experience in the marketing of
the site has shown that the uncertainty of a final rezoning approval is hindering their ability to
get serious prospects and ultimately a final commitment from retailers looking at the site.
Wthin a month of their meeting with staff, they submitted a complete set of plans, showing how
the site could be developed. The petitioner has indicated that they are still actively working with
US Corrugated to get the access issues resolved, but at this time that would like to focus on
getting the site rezoned, so they can market and attract commercial users. Though tenants
haven't been identified for site, the site plans submitted shows what the site could look like
when developed.
A large retailer had been considering the site and though this site plan does not necessarily
mean a firm commitment from that retailer, it is the educated guess on the part of this developer
that if not that retailer, the market will produce another prospect for this type of a site layout.
Once the plans were submitted to the City, staff reviewed and commented on the plans. The
comments appear in three groupings: planning, fire, and engineering requirements. This report
will take the comments in that order.
Planning Comments
Access: The Planning division expressed concern over the lack of agreement between the two
properties: JLT and US Corrugated over the access issue. You'll note on the site plan that a
portion of the US Corrugated site encroaches into the area shown as the 57th Avenue right-of-
way. In speaking with JLT representatives, they believe by Monday January 5th that that matter
will be entirely resolved through a private easement with US Corrugated. Wthout that
agreement, access to both sites is imperfect and approval of a compromised alternate access
plan would contrary to good planning practice since access onto East River Road is managed
through the controlled intersection that currently exists. Individual access onto East River Road
is not an option for the industries, so the best possible access must be embedded in the layout
for this development. All negotiation must be concluded to allow the infrastructure of 57tn
Avenue to be installed and the rezoning to occur.
57t" Avenue Extension: As Council is aware, the extension of 57th Avenue and the eventual
connection to East River was discussed in the recent Comprehensive Plan amendment. The
City Comprehensive Plan was reviewed by Anoka County and staff responded to the County's
comments. Staff has asked Anoka County to look at the Economic Development/
Redevelopment Chapter to assure that this layout is consistent with their wishes as it relates to
the East River Road connection. Barring any further revision there, staff recommends that the
57th Avenue portion of this site plan be install as shown on the proposed site plan to assure
proper access to future entities on site and to align with the road alignment illustrated in the
City's Comp Plan. If funding sources for a bridge become available, that eventual connection to
57th Avenue will open new access opportunities for retailers on the JLT site, as well as retailers
on the existing 57th Avenue corridor. It is important to preserve that roadway opportunity and for
this developer to provide the infrastructure improvements that serve the JLT site, while keeping
options open for an eventual connection.
Parking Stall Dimensions: All stalls are to be 10 wide, rather than the 9'-5" shown on plan
Environmental Review: Petitioner shall comply with the State of Minnesota Rules, Chapter
4410 for environmental impact review, relative to hard-surface parking and ponding.
Tax Base Revitalization Application: You may recall that this developer was granted
$168,000 in a Tax Base Revitalization Grant to allow for the required asbestos clean-up to
occur during demolition of their industrial complex. Their first application to the Metropolitan
Council was requesting a much higher dollar value and included a site plan with all retail (a
speculative 200,000 s.f. of retail was illustrated). That funding was not initially granted and a
new, more successful application was made showing a mix of retail and a 90,000 s.f. office
tower. Partly based on that modification, the grant of $168,000 was given for clean-up.
The current plan includes roughly 186,000 s.f. of mixed retail. Though the plan reflects what the
developer believes is realistic layout in this marketplace, the plan does contradict what was
projected in that application to the Metropolitan Council. The developer may need to rectify that
matter with the Metropolitan Council and staff cannot speculate on the outcome of what that
might mean for the developer at this time. However, staff concedes that market forces are very
different today than they were in 2005; when this project began.
Transit Oriented Development District. At Councils last meeting they approved an action that
set in motion of the creation of the Transit Oriented Development District that will allow Tax
Increment Financing and other potential benefits to be gained in the district. The purpose of the
creation of this district is to coincide with the City's work with the legislature in the 2008 session.
And to allow investment/re-investment in infrastructure improvements through funds captured in
the district to enhance the area around the new Fridley Northstar train station. As a result, staff
hoped for a quality mixed development that would bring high building values, jobs, and new
development life, generally, to the area around the City's, County's and State's Northstar transit
investment. Connections internal to the site plan and allowing eventual connection for riders of
Northstar to access this site should be considered. A path along the east side of East River
Road is being evaluated to allow pedestrian connections from this area, to Northstar. In the
meantime, those pedestrians could cross East River Road at the light and use the existing
pathway to the north and the pedestrian crossing at 61St (train station location). The
development on this site should anticipate that opportunity and plan internal pedestrian
connections as well.
Architecture: Staff expressed concerned about the fact that this is a prime, very visible site and
an opportunity to again present a signature image for Fridley. In response to early
staff/developer discussions about building image and quality, the developer commissioned an
architectural firm to design criteria for the future entities within the development to follow. Since
this rezoning is a bit different, by virtue of no known tenants at this time, the criteria does ad the
certainty that as the site develops, these standards will be enforced by the developer and the
buildings will project the positive image sought for the City's commercial locations.
Fire Department Comments
The site will be supplied with a looped 8" water main. A structures constructed on this site will
require a sprinkler system based on Minnesota State Building Code Chapter 1306 and the
Structure's occupancy group use. Other water-based fire protection elements including Fire
Hydrants and standpipes may also be required for construction by the 2007 State Building and
Fire Codes. An 8" main supplying this site may not be adequate for supplying required
protection devices. Calculated flows will be used to determine functionality of proposed water-
based fire protection elements.
Fire Department Vehicle access may also be an issue with regard to fire apparatus road widths,
which may be dependent on construction.
Fire Hydrants, in addition to those shown, may be required and will also be dependent upon
construction.
Engineering Comments
The engineering department emphasized the importance of a pond maintenance agreement for
this development. The developer's future site/property owners will be responsible for pond
maintenance and an agreement will be required prior to issuance of building permits for the
development. This requirement is a standard requirement and not unique to this rezoning
request.
Internal utilities to be privately owned but built to City standards.
Entrance access to allow a wide-bodied 64 trailer at all times
Each Building to have an exterior valve on water service
City to Inspect Water and Sewer
Land Alteration will be allowed for fast-tracking project (for grading and utilities)
CN numbers to be adjusted to reflect historical surface condition of site for calculation of
ponding requirements.
What will be done with existing Rail Spurs? Staff's understanding is that these will be removed
with this re-development project.
The engineering comments listed are very standard and not unique to this project. All comments
to be addressed and associated concerns satisfied prior to issuance of building permits for the
specific buildings on site.
PLANNING STAFF RECOMMENDATION
City Staff recommends the Council hold the second reading of an ordinance for the approval of
the rezoning ZOA #05-03. Upon closing the discussion staff recommends approval of the
attached resolution allowing the rezoning of the site from M-2, Heavy Industrial, to C-3,
Shopping Center District, with the following 9 stipulations.
STIPULATIONS
1. Petitioner shall comply with the State of Minnesota Rules, Chapter 4410 for
environmental impact review.
2. Easement agreement between JLT and US Corrugated to be filed allowing full
access and 57th Avenue improvements to be made according to plan submitted and
dated 11-26-2008
3. Petitioner shall submit user-specific site plans, including appropriate drainage and
landscaping details, prior to issuance of building permit for individual buildings.
4. Implementation of a traffic management plan, including any required infrastructure
enhancements, approved by the City for the corresponding site plan once specific
users are known.
5. All pertinent plats shall be applied for prior to issuance of building permit for buildings
in that portion of the development.
6. Developer to building in pedestrian access opportunities to serve the development.
These pedestrian plans shall be approved with each set of building plans, prior to
issuance of building permit for each building on site.
7. Architectural criteria submitted, prepared by: Kathy Anderson, Architectural
Consortium, dated 11-17-2008, shall be filed with the County and used as covenants
for each future building's design.
8. All Fire Department and Engineering Department concerns listed above shall be
addressed prior to issuance of building permits for building on this site.
9. Costs of any additional signal or infrastructure improvements deemed necessary to
serve commercial development on this site; by Anoka County, shall be borne by the
developer.
ORDINANCE NO.
ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA
BY MAKING A CHANGE IN ZONING DISTRICTS
The Council of the City of Fridley does ordain as follows:
SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated.
SECTION 2. The tract or area within the County of Anoka and the City of Fridley and
described as:
5601 East River Road NE: The west 270 feet of Lot 4, Auditors
Subdivision No. 89, subject to easement of record.
Is hereby designated to be in the Zoned District C-3 (General
Shopping).
SECTION 3. That the Zoning Administrator is directed to change the official zoning map
to show said tract or area to be rezoned from Zoned District M-2 (Heavy
Industrial) to C-3 (General Shopping).
SECTION 4. That Council's approval shall be predicated on the inclusion and
compliance with the 9 stipulations attached and found in Exhibit A
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
_DAYOF ,_.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
Public Hearing: August 22, 2005
First Reading: September 12, 2005
Second Reading: December 15, 2008
Publication:
EXHIBIT A
STIPULATIONS
1. Petitioner shall comply with the State of Minnesota Rules, Chapter 4410 for
environmental impact review.
2. Easement agreement between JLT and US Corrugated to be filed allowing full
access and 57th Avenue improvements to be made according to plan submitted and
dated 11-26-2008
3. Petitioner shall submit user-specific site plans, including appropriate drainage and
landscaping details, prior to issuance of building permit for individual buildings.
4. Implementation of a traffic management plan, including any required infrastructure
enhancements, approved by the City for the corresponding site plan once specific
users are known.
5. All pertinent plats shall be applied for prior to issuance of building permit for buildings
in that portion of the development.
6. Developer to building in pedestrian access opportunities to serve the development.
These pedestrian plans shall be approved with each set of building plans, prior to
issuance of building permit for each building on site.
7. Architectural criteria submitted, prepared by: Kathy Anderson, Architectural
Consortium, dated 11-17-2008, shall be filed with the County and used as covenants
for each future building's design.
8. All Fire Department and Engineering Department concerns listed above shall be
addressed prior to issuance of building permits for building on this site.
9. Costs of any additional signal or infrastructure improvements deemed necessary to
serve commercial development on this site; by Anoka County, shall be borne by the
developer.
Fridley- JLT Development 11/17/ 08
Architectural Design and Signage Guidelines
Architectural Consortium LLC
The overall design concept is to create a mixed-use development combining retail,
restaurants, and office in a cohesive site plan to allow flexibility of building types. The
architecture should maintain a uniform character and reflect a style that is compatible
amongst all buildings in the development.
BUILDING ORIENTATION
- Site planning concept of multiple buildings with a focus toward Highway 694 and
the future 57th Street connection.
- The orientation of buildings should take advantage of available view sheds of
future development sites where possible.
- Automobile oriented uses such as drive- thrus should be internal to the site plan.
- Green area is aggregate throughout development to provide 30%.
- Service areas of maj or tenants shall orient west toward industrial property, or
toward railroad tracks where feasible.
BUILDING DESIGN
Building Mass
- Varying scale of buildings should be encouraged.
- Varying rooflines to create interest in design styles shall be encouraged.
- Building coverage of not more than 40% may be accepted.
- Large blank expanses of wall facing public street frontage is discouraged.
Facade Design
- Colorful canopies, roofs, and accents are encouraged, however controlled to a
palette of selected colors pursuant to the color and material board submitted and
approved by the city.
- Architectural character will be consistent with all buildings within master plan.
- Masonry detailing such as soldier coursing, or patterning shall be encouraged.
- Thematic decorations are limited to main front entries only.
- The use of cornices, ornamental lights, and other architectural details should be
encouraged.
Building Materials
- Materials shall be selected for suitability to the type of buildings and the design in
which they are used. Building walls should be finished in aesthetically acceptable
tones and colors to complement tones and colors of neighboring developments.
- Materials shall be a durable quality.
- Exterior wall treatments such as brick, natural stone, decorative concrete block,
stucco, and architectural metal panels are encouraged.
- All wood treatment shall be painted and weather proofed.
- A minimum of 25% of decorative masonry variation in color, texture, or surface.
- Colors and specifications of masonry and stucco colors should be consistent
throughout the development
- Blank single masonry walls must consist of 25% of decorative masonry variation
in color, texture, or surface
- Rear of buildings facing Industrial sites or railroad tracks shall be rockface block
in a color to match predominant brick color.
Doors and Windows
- Canopies shall be encouraged at entry ways.
- Window frame, material, and color to complement architectural style and be
consistent in color throughout development.
- Window openings may be modulated to scale and proportion that is
complementary to the architectural style. Maximize storefront opportunities to
avoid long expanses of blank walls at street fronts.
- A minimum of 8' clear space shall be provided from sidewalk elevation to the
lowest point of a canopy and or suspended sign.
- Window frames shall be constructed of prefinished metal.
- Window and doors shall be glazed in clear glass for retail buildings. Mirrored
windows shall be discouraged.
SCREENING
- Loading areas, service doors, mechanical equipment or other utility hardware on
ground, roof or building shall be screened from public view with materials similar
to adj acent building material.
- Drive — thru or service lanes should be screened with berming and landscaping.
FRANCHISE DESIGN
-Franchise design shall utilize similar materials, scale and style of these architectural
Standards, yet maintain corporate identity.
LANDSCAPE AND SITE TREATMENT
Planting
Plant material is to be utilized within the master plan area as an aid to provide
continuity within the area and provide a recognized definition of its boundaries.
Overstory trees will be utilized along external and internal roadways and placed
as to not block visibility of commercial signage.
- Unity of design shall be achieved by repetition of certain plant varieties and other
streetscape materials and by correlation with the approved landscape plan dated 9/
8/ 08.
- Entry points into the site are to be specially landscaped and are to be designed
with a common theme.
- Plant material is to be utilized as a screening element for parking and building
utility areas.
- Plant materials are to be utilized within parking lot islands, grouped massing of
landscape encouraged in parking lots versus individual planting to maximize
landscape impact and allow functional snow removal.
- Adjoining loading, service, utility and outdoor storage areas shall be screened
from all public roads. When natural materials are used as screening, 75% opacity
must be achieved year round through the use of evergreen trees.
- Preservation of natural areas is encouraged where possible.
- Plant materials shall be selected in regard to its interesting structure, texture,
color, seasonal interest and its ultimate growth characteristics.
- Where building sites limit planting, the placement of plant materials in planters or
within paved areas is encouraged.
- The central pond shall contain a fountain feature to contribute to visual interest.
Parking
- When determined appropriate, commercial buildings are to accommodate
bicycle/motorcycle parking areas and bike racks.
- Cross parking between sites is encouraged.
- Parking shown as proof of parking cannot count in green area calculation.
- Parking stalls to be a minimum of 9'x20, and 9 x 18' when abutting a curb, drive
aisles to be 25' (65' bay spacing).
- Parking lot layout should include clear, traffic movement for both pedestrian and
automobile.
- An overall parking ratio of 4.5/1000 shall be maintained to minimize site
impervious surface, help preserve green space, and provide the necessary parking
amount to support the development regardless of uses.
Lighting
- Lighting should provide continuity and consistency throughout the area. All
parking lot lights shall be high pressure sodium, and be uniform in style, color,
and height. Maximum pole height of 30' in parking areas.
- Exterior wall lighting shall be encouraged to enhance the building design and the
adj oining landscape.
- Lighting styles and building fixtures shall be of a design and size compatible with
the building and adjacent areas. Ornamental lighting shall be encouraged.
- Excessive brightness shall be avoided.
SIGNAGE- BUILDING AND FREESTANDING MONUMENTS
Signs not allowed:
-Rooftop signage
-Signs painted on building
-Electronic reader boards (Unless approved by landlord and city)
-Flashing or motion signs
-Pole signs
- Signage must maintain a consistent metal surround color throughout the
development
- Monument signs should be consistent in character, height and SF (20' high, 80
SF).
- Pylon signs should be consistent in character, height and SF (35'high, 200SF)
- Base of monuments must be of masonry material to match buildings, and reflect
architectural character and detailing.
- Building signage should not overpower architectural character, but serve as
identity.
- Low entry monuments are encouraged and shall not to exceedl0' in height.
- Wall signage should not exceed 10% of building elevation.
- Wall signage is allowed on any fa�ade facing public R.O. W.
- Accent color banding or neon will be counted in sign area calculation if more than
one band.
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ORDINANCE NO.
ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA
BY MAKING A CHANGE IN ZONING DISTRICTS
The Council of the City of Fridley does ordain as follows:
SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated.
SECTION 2. The tract or area within the County of Anoka and the City of Fridley and
described as:
5601 East River Road NE: The west 270 feet of Lot 4, Auditors
Subdivision No. 89, subject to easement of record.
Is hereby designated to be in the Zoned District C-3 (General
Shopping).
SECTION 3. That the Zoning Administrator is directed to change the official zoning map
to show said tract or area to be rezoned from Zoned District M-2 (Heavy
Industrial) to C-3 (General Shopping).
SECTION 4. That Council's approval shall be predicated on the inclusion and
compliance with the 9 stipulations attached and found in Exhibit A
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
_DAYOF ,_.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
Public Hearing: August 22, 2005
First Reading: September 12, 2005
Second Reading: December 15, 2008
Publication:
EXHIBIT A
STIPULATIONS
1. Petitioner shall comply with the State of Minnesota Rules, Chapter 4410 for
environmental impact review.
2. Easement agreement between JLT and US Corrugated to be filed allowing full
access and 57th Avenue improvements to be made according to plan submitted and
dated 11-26-2008
3. Petitioner shall submit user-specific site plans, including appropriate drainage and
landscaping details, prior to issuance of building permit for individual buildings.
4. Implementation of a traffic management plan, including any required infrastructure
enhancements, approved by the City for the corresponding site plan once specific
users are known.
5. All pertinent plats shall be applied for prior to issuance of building permit for buildings
in that portion of the development.
6. Developer to building in pedestrian access opportunities to serve the development.
These pedestrian plans shall be approved with each set of building plans, prior to
issuance of building permit for each building on site.
7. Architectural criteria submitted, prepared by: Kathy Anderson, Architectural
Consortium, dated 11-17-2008, shall be filed with the County and used as covenants
for each future building's design.
8. All Fire Department and Engineering Department concerns listed above shall be
addressed prior to issuance of building permits for building on this site.
9. Costs of any additional signal or infrastructure improvements deemed necessary to
serve commercial development on this site; by Anoka County, shall be borne by the
developer.
� AGENDA ITEM
� CITY COUNCIL MEETING OF JANUARY 5, 2009
�ffY �F
FRIDLEY
To: William W. Burns, City Manager
From: John Berg, Fire Chief
Date: December 29, 2008
Re: Promotion of Fire Captains
Currently, the Fire Department relies on three paid-on-call fire officers responding from home to
provide command and control of emergencies. In addition, they are responsible for supervisory
duties such as scheduling, discipline and performance reviews. Given their part-time status, this
becomes a very awkward relationship with full-time staf£ Additionally, the fire industry has
become one of the leading industries in terms of regulation. It is difficult for part-time officers, let
alone full-time personnel, to keep up with evolving standards and legislation. The Fire
Department is the only City Department that does not have full-time supervision on shift at any
given time.
Given there is currently full-time firefighters on each shift, 24 hours a day seven days a week, it
makes sense that these firefighters would supervise shift activities and provide command and
control of emergencies in the absence of the Chiefs. These full-time staff inembers have the
benefit of experience, time for training, and are in contact with individual firefighters more often
than the current part-time officers and Fire Chiefs. The Fire Chief would benefit by knowing that
he had supervisors on duty at any given time that could train, review, discipline and schedule
part-time staff consistently. The City would benefit by reducing liability in having qualified
supervisors on duty.
Having negotiated a full-time Captain position into the Union contract and having completed a
promotional process, the Fire Chief is recommending that Kevin Swanson, Renee Hamdorf and
Kim Herrmann be promoted to Fire Captain effective January 6, 2009.
�
�
CffY OF
FRIDLEI'
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 5, 2009
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
January 5, 2009
2009 Street Rehabilitation Proj ect Feasibility Report
PW09-002
On December 15, 2008, the City Council approved Resolution 2008-64 directing preparation of a feasibility
report for Street Improvement Proj ect No. ST 2009-1. Please refer to the completed feasibility report, which
concludes:
1. The proj ect is necessary as is included in the City of Fridley's approved 2009 CIP budget and
Street Maintenance Program.
2. The proj ect is cost-effective, and will result in reduced maintenance requirements within the
project area and a long-term savings to the City of Fridley.
3. The project is feasible and is funded in the proposed FY2009 budget.
Recommend the City Council approve the attached resolution receiving the 2009 Street Rehabilitation
Proj ect Feasibilitv Report and calling for a hearing on the proposed improvements on January 26, 2009.
If the City Council approves the attached resolution at this meeting, the Public Works Staff will hold a public
open house on January 21, 2009, and notices will be received by property owners abutting the project area, at
which time the planned project and feasibility report will be discussed.
JPK:jpk
Attachments
RESOLUTION NO. 2009-
A RESOLUTION RECEIVING REPORT AND CALLING HEARING ON
IMPROVEMENT FOR STREET REHABILITATION PROJECT NO. ST. 2009-01
WHEREAS, pursuant to Resolution 2008-64 of the City Council of the City of Fridley adopted December 15,
2008, a report has been prepared by the City of Fridley Public Works Department with reference to the
improvements listed in `Exhibit A', attached, and this report was officially received by the City Council on
January 5, 2009, and
WHEREAS, the report provides information regarding whether the proposed proj ect is necessary, cost-effective,
and feasible,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY,
MINNESOTA:
1. The council will consider the improvement of such street in accordance with the report and the
assessment of abutting property for all or a portion of the cost of the improvement pursuant to
Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $1,311,000.00.
2. A public hearing shall be held on such proposed improvement on the 26th day of January, 2009, in
the Council Chambers of the Fridley City Hall at 7:30 p.m. and the clerk shall give mailed and
published notice of such hearing and improvement as required by law.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY
OF , 2009.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
EXHIBIT A
STREET REHABILITATION PROJECT NO. ST. 2009-1
PROPOSED IMPROVEMENTS
Street improvements, including pavement milling bituminous asphalt, concrete curb and gutter, drainage, water
reconstruction, storm and sanitary sewer upgrades, landscaping, and other facilities located as follows:
University Avenue West Service Drive 69th Place to 7100 block
Commerce Circle East 7100 block to 73rd Avenue
University Avenue West Service Drive 73rd Avenue to 85th Avenue
69th Avenue Univ Ave W Serv Dr to TH 47
300' east and west of intersections on
University Avenue West Service Drive / Commerce Circle East
69th Place to 85th Avenue
Comet Lane Trinity Drive to Jupiter Drive
7upiter Drive Rainbow Drive to Sylvan Drive
Mercury Drive Satellite Lane to Univ. Ave. W. Service Dr.
Rainbow Drive 61St Avenue to Univ. Ave. W. Service Dr.
Satellite Lane Starlite Boulevard to Mercury Drive
Star Lane 61st Avenue to Univ. Ave. W. Service Dr.
Starlite Circle Satellite Lane to north terminus
Starlite Boulevard 61St Avenue to Sylvan Lane
Sunrise Drive 61St Avenue to Univ. Ave. W. Service Dr.
Sylvan Lane Starlite Boulevard to 7upiter Drive
Trinity Drive 61st Avenue to Starlite Blvd
University Avenue West Service Drive Star Lane to Satellite Lane
� AGENDA ITEM
� CITY COUNCIL MEETING OF JANUARY 5, 2009
�ffY �F
FRIDLEY
INFORMAL STATUS REPORTS