03/23/2009 - 4534�
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FRIDLEY
CITY COUNCIL MEETING OF MARCH 23, 2009
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.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of March 9, 2009
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. Receive Bids and Award Contract for the 2009
Sanitary Sewer Lining Project No. 383 ............................................................ 1- 2
2. Receive Bids and Award Contract for the 2009
Miscellaneous Concrete Repair Project No. 384 ............................................. 3- 4
3. Receive Plans and Authorize Advertisement for
Bids for the Municipal Parking Ramp Repairs
ProjectNo. 381 ............................................................................................... 5
4. Approve 2009 Reappointments to City
Commissions.................................................................................................. 6 - 7
FRIDLEY CITY COUNCIL MEETING OF MARCH 23, 2009 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
5. Claims ............................................................................................................. 8
6. Licenses .......................................................................................................... 9
7. Estimates ........................................................................................................ 10
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes.
OLD BUSINESS:
8. Resolution and Findings of Fact Denying Use of
Park Land for Private Purpose by the Owners of the
Property at 1634 Gardena Avenue, Wayne and
Kellie Liepke (Ward 2) ....................................................................................... 11 - 14
NEW BUSINESS:
9. Resolution Authorizing Changes in
Appropriations for the 2009 Budget for
January through March, 2009 ............................................................................ 15 - 21
10. Informal Status Report ....................................................................................... 22
ADJOURN.
CITY COUNCIL MEETING
CITY OF FRIDLEY
MARCH 9, 2009
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:32 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
Jack Kirk, Director of Parks and Recreation,
PROCLAMATION:
Minnesota Food Share Month: Mayor Lund read the proclamation.
Councilmember Saefke mentioned the Empty Bowls fundraising event on March 24, 2009,
from 4:30 to 730 p.m. in Columbia Heights.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of February 23, 2009.
Councilmember Varichak pointed out the name of the councilmember making the motion on
page 4, under "Adoption of Agenda" is missing. Councilmember Bolkcom indicated she was the
one who made the motion.
APPROVED AS AMENDED.
NEW BUSINESS:
1. Resolution Accepting a Federal Recreational Trails Grant in the Amount of $15,000
as Partial Funding to Upgrade and Improve the Innsbruck Nature Center
Recreational Trail, Recognizing the Grant Requirement of Local Matching Funds.
FRIDLEY CITY COUNCIL MEETING OF MARCH 9, 2009 PAGE 2
Williams Burns, City Manager, stated in 2007 the City applied for and was told we were
eligible for a$15,000 Federal Recreational Trails Grant for constructing mountain biking trails in
Innsbruck Park The Minnesota Off-Road Cyclists Association had indicated an interest in
forming a partnership with the City through which they would maintain the trails. Prior to
beginning the project in 2008, the Parks and Recreation Commission had a meeting with
neighborhood representatives who, although not objecting to bike trails, did want to preserve
their ability to walk in the park.
Dr. Burns stated after investigating the compatibility of the two uses, staff determined that since
the uses were not compatible and there appeared to be more support for walking trails than bike
trails, the City would be better served by redirecting the project toward building walking trails.
Staff has asked the Minnesota Department of Natural Resources if the grant funding could be
redirected to the building of walking trails. The DNR spokesperson said that it could be
considered if Council were willing to approve a resolution accepting the revised grant under the
new terms and agreeing to pay the local match.
Dr. Burns said we have budgeted the $15,000 needed for the local match of the $15,000 federal
grant in the 2009 budget. With Council's approval of the resolution, we will begin construction
of the new trails at Innsbruck Park during the current construction season and try to complete it
this year. We believe the new trail system can easily be maintained with existing staff and with
minimal increased costs. Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM CONSENT AGENDA AND PLACED ON THE
REGULAR AGENDA.
2. Receive Bids and Award Contract for the 2009 Cooperative Maintenance Contract,
Project No. ST2009-10.
William Burns, City Manager, stated for several years, the City has purchased seal coating,
sweeping, and the painting of traffic markings on City streets through a j oint powers agreement
with five other cities. The bid for Fridley's share of the cost for seal coating came in at
$174,387.40. We have budgeted $180,000 in the General Capital Improvements budget for this
work The work would be completed basically in the northwest part of the City, north of 73ra
Avenue and east of the Burlington Northern Santa Fe railroad tracks. Fridley's share of the
sweeping portion of the contract is $12,240. This money is budgeted in the Street Division
operating budget. Our share of the street striping work is $5,075 and is also budgeted in our
operating budget. Staff recommends Council's approval.
RECEIVED BIDS AND AWARDED CONTRACT FOR THE 2009 COOPERATIVE
MAINTENANCE CONTRACT, PROJECT NO. ST2009-10.
3. Approve Change Order No. 2 for the Commons Park Water Treatment Plant
Improvements, Project No. 379.
William Burns, City Manager, said staff recommends change orders amounting to a net cost of
$17,011 to the City's contract with Shank Contractors, Inc. The items include piping and
FRIDLEY CITY COUNCIL MEETING OF MARCH 9, 2009 PAGE 3
electrical changes ($13,761), air wash pipe modifications ($2,573), and removal of old media
from the under drain ($3,577). There is also a$2,900 credit for filter nozzle replacements that
was determined unnecessary.
APPROVED.
4. Claims (140786-140933)
APPROVED.
5. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
6. Estimates
APPROVED THE FOLLOWING ESTIMATES:
Shank Contractors
3501 — 85th Avenue North
Brooklyn Park, MN 55443
Commons Park Water Treatment Plant Improvements
Proj ect No. 379
Estimate No. 4 ................................................$246,579.15
Colt Construction Services, LLC
285 Forest Grove Drive, Suite 126
Pewaukee, WI 53072
85th Avenue Trail Project
Proj ect No. ST 2007-04
Estimate No. 1 ................................................$152,300.64
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Bolkcom asked that Item No. 1 be removed.
MOTION by Councilmember Barnette to approve the consent agenda as presented with the
removal of Item 1. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF MARCH 9, 2009 PAGE 4
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item 1.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM: No one in the audience spoke.
1. Resolution Accepting a Federal Recreational Trails Grant in the Amount of $15,000
as Partial Funding to Upgrade and Improve the Innsbruck Nature Center
Recreational Trail, Recognizing the Grant Requirement of Local Matching Funds.
Councilmember Bolkcom stated she was surprised they were headed down the path of a biking
trail. Some time ago, she thought they had some problems with the Innsbruck trail and put up a
sign and heard from little to no one about walking trails. She was surprised that there were so
many people interested in it. Dr. Burns mentioned there will be little to no maintenance. She
asked if they feel comfortable with a$15,000 match from us for the staircases to prevent erosion.
Jack Kirk, Director of Parks and Recreation, replied he knows they put up signs several years
ago at the Sand Dunes. At Innsbruck, when we were considering doing the biking trails, the
Parks and Recreation Commission held some neighborhood meetings and about 18 people
showed up. All of them wanted to walk in the park No one had an interest in biking. They were
not opposed to biking. Their big concern was whether the bike trails would cause conflict with
people walking. After investigation, they felt it likely would be a conflict with a narrow path.
During the year and a half they were looking at this project, he did not receive one call from
anyone who really wanted to bike in the park. He did receive calls from neighbors who wanted
to walk inside the park After they reviewed it again, they felt they should be looking at this as a
walking path through the park.
Councilmember Bolkcom asked if the money would be sufficient to build the staircases to
handle the erosion.
Mr. Kirk said they believe they could do it. Staff will be meeting with the Tree Trust
Organization this week They will give us an estimated cost to do the work at a very, very
reasonable price. It is a youth training program with adult supervision. The organization did
some wonderful work in the nature center in St. Louis Park It is very similar terrain. The terrain
at Innsbruck has been the biggest problem. It is very steep in places, and the erosion on the paths
makes it almost unsafe to walk on. The staircases should really solve that problem and make it a
nice walking area for that neighborhood.
Councilmember Bolkcom asked what they would do if they find out it costs more than $15,000.
Dr. Burns said they would bring it back to Council if the costs exceed our expectations. He said
he was not sure they would want to do it if it is much in excess of $15,000.
FRIDLEY CITY COUNCIL MEETING OF MARCH 9, 2009 PAGE 5
Councilmember Bolkcom asked if there was a possibility that the grant might not happen.
Mr. Kirk stated our original application specifically stated that mountain biking would be part
of the trails. He has redone the application as requested by the DNR representative who also
asked that the resolution by Council be adjusted to have no reference to mountain biking and
specifically state it is for walking. Both of those will go to the DNR. It is not a sure thing, but it
sounded promising that they will consider our application. We have $15,000 budgeted. If we
get the other $15,000 from the State, we have $30,000 and we should, based on past estimates
from the Tree Trust, be able to put in a nice walking trail that will be sustainable over time
without facing erosion.
Councilmember Varichak asked if there will be signs saying there are no bikes allowed.
Mr. Kirk replied they could put up "No Biking" signs. Occasionally people ride in there, but it
would not be advertised as a mountain biking trail. It would not be laid out as a mountain bike
trail which has dips and different terrain. They have put up signs on some of the trails at
Springbrook.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2009-17. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS:
7. Informal Status Report.
Councilmember Bolkcom stated on Saturday, March 14, there will be a reception at Banfill-
Locke for an artist who will be displaying paintings related to the hurricane in New Orleans. On
April 7 from 6:30 to 7:30 p.m. there will be a meeting at City Hall regarding the erosion in the
area of Glen Creek A letter will be going out to residents in that area.
Councilmember Barnette stated the Fridley Historical Society will be having a potluck dinner
on March 17 at 6:00 p.m., and there will be discussion of the early businesses in Fridley.
Councilmember Barnette stated last Tuesday they had the big groundbreaking ceremony for
the Fridley citizens for the Northstar commuter rail. There was a huge turnout of residents.
Also, there was a get-together at City Hall which was well-attended. The plan now is for the
construction to begin when the frost is out of the ground, and it is expected to be completed by
November 2009.
Councilmember Bolkcom stated there was a meeting on the next day about the University
Avenue upgrade and widening of the shoulders for the buses. At some time parts of University
FRIDLEY CITY COUNCIL MEETING OF MARCH 9, 2009 PAGE 6
Avenue will be closed from Friday night until 5:00 a.m. on Monday morning. They promised
there will be signs up a week ahead of time, and we will try and put a link on our website.
Councilmember Saefke asked about the status of the fence along University Avenue.
Councilmember Barnette stated one of the issues they have talked about for many years has
been the chain link fence along University Avenue. He said they have received a lot of support
to take the fence down. The State has declined to take the fence down. The gentleman from
MnDOT stated they do construction on roads and do not do fences. If there are residents out
there who have a feeling one way or another about the fence, the Council would like to hear
about that.
Mayor Lund stated on the second Thursday of each month throughout the rest of this year, there
is going to be a food distribution at the Fridley Community Center. They will have greatly
reduced food, 40 to 50 percent. Everyone is welcome. There are no age or income restrictions.
ADJOURN.
MOTION by Councilmember Barnette, seconded by Varichak, to adjourn the meeting.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 7:53 P.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
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CffY OF
FRIDLEY
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 23, 2009
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
Layne Otteson, Assistant Public Works Director
March 23, 2009
Award Contract for Sanitary Sewer Lining Project No. 383
I,�JL��aiy�cj
The Capital Improvement budget has funds identified for lining rehabilitation of our sanitary
sewer lines. We will be doing this work in five areas in 2009. We provided information on
the locations of the proposed work at the February 9, 2009 City Council meeting.
On Thursday, March 12, 2009, at 2:00 p. m. bids were opened for the 2009 Sanitary Sewer
Lining Project No. 383. We had four bidders on the 2009 project, see the attached
tabulation. Veit Specialty Contracting & Waste Management was the lowest responsive
bidder. The contract prices received are within this year's budget for lining, and the low bid
is approximately $12,400 lower than the final engineer's estimate.
Recommend the City Council receive the bids and award the contract for the 2009 Sanitary
Sewer Lining Project No. 383 to Veit Specialty Contracting & Waste Management in the
amount of $154,785.00.
JPK:jpk
Attachment
CITY OF FRIDLEY
BID TABULATION
2009 SANITARY SEWER LINING PROJECT
CITY PROJECT NO. 383
MARCH 12, 2009, 2:00 PM
ITEM NO. DESCRIPTION
1 MOBILIZATION
2 8" VCPSANITARYSEWER LINING
3 8" CIP SANITARY SEWER LINING
4 10"VCPSANITARYSEWER LINING
5 12" VCPSANITARYSEWER LINING
2 8" VCPSANITARYSEWER LINING
3 8" CIP SANITARY SEWER LINING
4 10"VCPSANITARYSEWER LINING
5 12" VCPSANITARYSEWER LINING
Engineering
Sewer
IWater
P2rks
Streets
Maintenance
VEIT SPECIALTY CONTRACTING
WASTE MANAGEMEN LAMETTI AND SONS
ROGERS, MN HUGO, MN
UNITS QUANTITY Unit Price Total Price Unit Price Total Price
1MP SUM 1.00 $ 5,000.00 $ 5,000.00 $ 6,000.00 $ 6,000.00
LF 2426 $ 21.00 $ 50,946.00 $ 22.00 $ 53,372.00
LF 880 $ 22.00 $ 19,360.00 $ 23.00 $ 20,240.00
LF 1294 $ 26.00 $ 33,644.00 $ 25.00 $ 32,350.00
LF 1515 $ 27.00 $ 40,905.00 $ 26.00 $ 39,390.00
USA, INC. VISU-SEWER, INC.
WHITE BEAR LAKE, MN FRIDLEY, MN
JITS QUANTITY Unit Price Total Price Unit Price Total Price
P SUM 1.00 $ 4,500.00 $ 4,500.00 $ 1,500.00 $ 1,500.00
LF 2426 $ 24.00 $ 58,224.00 $ 28.50 $ 69,141.00
LF 880 $ 29.00 $ 25,520.00 $ 42.00 $ 36,960.00
LF 1294 $ 30.00 $ 38,820.00 $ 31.00 $ 40,114.00
LF 1515 $ 27.00 $ 40.905.00 $ 34.00 $ 51.510.00
J:\Engineer\Projects\2009�2009 City of Fridley Project No. 383 Sanitary Sewer Lining\Bid ��tbi0�n'k1 Estimate.xls 3/16/2009
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CffY OF
FRIDLEI'
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 23, 2009
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
March 23, 2009
P W09-024
Recommendation of Award for 2009 Miscellaneous Concrete Repair
City of Fridley Project No. 384
On Thursday, March 12, 2009, at 10:00 a.m. bids were opened for the 2009 Miscellaneous
Concrete Repair Project No. 384. The 2009 project includes remedial sidewalk repair, repair of
concrete street panels, and repair or replacement of concrete curb due to utility repairs or
driveway entrance permits.
Six bids were received per the attached bid tabulation. The low bid was submitted by Ron Kassa
Construction, of Elko, MN, in the amount of $57,800. Ron Kassa Construction was awarded the
contract some years ago, and had a good performance and response record.
This year's project is approximately 30% higher than the 2008 project, which is mainly due to
increase in concrete material prices. The low bid amount still falls approximately 10% below our
2009 budget.
Recommend the City Council receive the bids and award the contract for the 2009 Miscellaneous
Concrete Repair Project No. 384 to Ron Kassa Construction, Inc., of Elko, MN, in the amount of
$57, 800.
JPK/jpk
Attachment
CITY OF FRIDLEY
BID TABULATION
2009 MISCELLANEOUS CONCRETE REPAIR
CITY PROJECT NO. 384
MARCH 12, 2009, 10:00 AM
ITEM NO.
Engineering
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RON KASSA STANDARD SIDEN/ALK, CREATE
CONSTRUCTION, WC. WC. CONSTRUCTION LLC
ELKO. MN BLAINE. MN MAPLE GROVE. MN
HALVORSON RYAN CONTRACTING THOMAS & SONS
CONCRETE , WC. CO. CONSTRUCTION, WC.
HAM LAKE, MN ELKO, MN ROGERS, MN
QUANTITY Unit Price Total Price Unit Price Total Price Unit Price Total Price
J:\EngineerNrojec�s�2009�2009 Ci�y of Fritlley Projec� No. 384 Miscellaneous Concre�e Repair�Bitl Documen�s�Bitltlers TS'ba3B8oS Aftl�s�ima�e.xls 3/16/2009
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CffY OF
FRIDLEI'
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 23, 2009
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
March 23, 2009
Receive Plans and Authorize Advertisement for Bids
City of Fridley Project No. 381 - Municipal Parking Ramp Repairs
P W09-025
The City of Fridley has retained Ulteig Engineering to provide design and construction services
relating to structural repairs needed for the Municipal Center Parking Ramp. This project will
include the first phase of repairs to the ramp, including the most critical repairs.
The project consists of the following items:
1. Removal of stairwell on east side entrance of the parking ramp to provide area to fix
subsurface wall and beam and provide improved drainage.
2. Removal and reinstallation of part of east entrance drive to provide area to fix sub-
surface wall and beam.
3. Retaining wall extension at the east driveway entrance to tie into east face of parking
ramp.
4. Constructing new stairway from lower level on north side of parking ramp.
5. Corrective measures to repair and prevent further deterioration of steel railing around
the perimeter of the upper level ramp.
The 2009 General CIP Budget includes $45,000 for this project.
Recommend the City Council authorize the advertisement for bid for the Municipal Parking Ramp
Repairs Project No. 381.
JPK/jpk
2009 CITY OF FRIDLEY COMMISSION TERMS
Term
Present Members Ex ires Appointee
PLANNING COMMISSION (Chapter 6) (7 Members - 3 Year Term)
GENERAL Dave Kondrick 4-1-09
CHAIR
VICE-CHAIR LeRoy Oquist 4-1-10
AT-LARGE
CHAIR Jack Velin 4-1-10
ENVIRON.
QUALITY
CHAIR Brad Sielaff 4-1-09
APPEALS
CHAIR Marcy Sibell 4-1-09
PARKS
& REC. p
AT LARGE Dean Saba 4-1-10
AT LARGE Brad Dunham 4-1-11
APPEALS COMMISSION (Chapter 6)(5 Members - 3 Year Term)
CHAIR Brad Sielaff 4-1-09
Blaine Jones 4-1-10
Matthew Brown 4-1-09
Christopher Anderson 4-1-11
Del Jenkins 4-1-11
ENVIRONMENTAL QUALITY (Chapter 6) (7 Members — 3 Year Term)
AND ENERGY COMMISSION
CHAIR Jack Velin 4-1-11
Richard Svanda 4-1-09
Martina Nelson 4-1-09
Anne Andrews 4-1-11
Paul Westby 4-1-10
Barbara Johns 4-1-10
Denise Milks 4-1-10
Term
Present Members Ex ires Appointee
PARKS AND RECREATION COMMISSION (Chapter 6) (5 Members-3 Yr. Term)
CHAIR David Kondrick 4-1-09
CHAIR
VICE-
CHAIR
Marcy Sibell
Tim Solberg
Michael Heintz
Michele Barrett
4-1-09
4-1-10
4-1-10
4-1-11
HOUSING AND REDEVELOPMENT AUTHORITY (5 Members - 5 Year Term)
Larry Commers 6-9-09
Pat Gabel 6-9-13
John E. Meyer 6-9-11
Steve Billings
Wlliam Holm
6-9-10
6-9-12
� AGENDA ITEM
� COUNCIL MEETING OF MARCH 23, 2009
� �F CLAI MS
FRIDLEY
CLAIMS
140934 - 141109
� AGENDA ITEM
� CITY COUNCIL MEETING OF MARCH 23, 2009
��F LICENSES
FRIDLEY
Contractor T e A licant A roved B
Action Heatin & Air Cond. Inc. Heatin Ja Hovland Ron Julkowski, CBO
Fridley Alano Society Commercial or Skip Stewart Ron Julkowski, CBO
S ecialt
Gene's Water & Sewer Excavatin Crai Peterson Ron Julkowski, CBO
Hennen Siding Inc Commercial or Richard Hennen Ron Julkowski, CBO
S ecialt
Roto Rooter Services Excavatin David Lohmann Ron Julkowski, CBO
Sunrise Equipment Inc Commercial or pouglas Burn Ron Julkowski, CBO
S ecialt
Twin Peaks Heatin & A/C LLC Heatin Cla Thom son Ron Julkowski, CBO
Van Kirk Heatin & A/C Heatin Michael VanKirk Ron Julkowski, CBO
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�ffY �F
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 23, 2009
ESTI MATES
Classic Protective Coatings
N7670 State Highway 25
Menomonie, WI 54751
Water Tower #2 Rehabilitation Project #378
Estimate No. 3 ..............................................
$ 37,113.50
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C1TY flF
FRIaLE'f
DATE
TO
FROM
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 23, 2009
March 23, 2009
William W. Burns, City Manager
Scott J. Hickok, Community Development Director
SUB7ECT: Resolution Supporting Appeals Commission Determination of Public
Nuisance and Directing Abatement in Innsbruck Park adj acent to 1634
Gardena Avenue
INTRODUCTION
Staff recommends approval of the attached resolution and findings of fact, which identify
the gardening in Innsbruck Park as a public nuisance and allow assessment of the costs to
the property owners, Wayne and Kellie Liepke, at 1634 Gardena Avenue Northeast.
ELEMENTS
On December 8, 2008, Council requested that a findings-of-fact resolution be prepared
for consideration on March 23, 2009. The property owners were also to work with staff to
develop an acceptable landscape plan to replace the turf and gardens that now exist. The
property owners talked to me in late 2008 and asked if they could wait until after the
holidays to work on their plan. I told them that they should work with Jack Kirk at that
time, since this is a park matter and Jack would be best suited for knowing what the park
folks would like to see in this regard. Jack has provided for you a memo for your reading
file. Mr. Liepke called a month ago and said that he was waiting for his partner to get
back into town and that he would get back to Jack in "about a week" He has, to date, not
gotten back with Jack, nor presented a plan for consideration by Jack, the Parks and
Recreation Department, or the Parks and Recreation Commission.
Backing up further, In December of 2006, Jon Haukaas contacted a number of property
owners adj acent to Innsbruck Park to notify them of park encroachments. Since that time,
the encroachments have been moved by the other owners. The property owners at 1634
Gardena have continued to garden and mow more than 10,000 square feet of Park
property.
In September, 2008, the Appeals Commission served as hearing officer as the Liepkes
chose to appeal staff's assertion that this was a nuisance and forestalling abatement.
The Appeals Commission heard the testimony of all parties involved and through their
hearing minutes, provided the elements of their finding of fact for the City Council. The
Appeals Commission concurred with staff and deemed the gardens and mowed turf a
public nuisance and concurred with the abatement process.
The Liepkes requested to be heard before the City Council.
On December 8, 2008, (two years after Jon Haukaas' letter requesting removal), Council
held its hearing and determined that they would like the findings of fact to come back for
consideration on March 23, 2009. They indicated that they would like the Liepkes to
work with staff to provide a more natural landscape alternative to that which currently
exists. They have not provided that plan, nor have they attempted to work with staff in
that regard to date.
RECOMMENDATION
Staff recommends approval of the attached resolution and findings of fact, which identify
the gardening in Innsbruck Park as a public nuisance and allow assessment of the costs to
the property owners, Wayne and Kellie Liepke, at 1634 Gardena Avenue Northeast.
RESOLUTION NO.
RESOLUTION AND FINDINGS OF FACT DENYING USE OF PARK LAND FOR
PRIVATE PURPOSE BY THE OWNERS OF THE PROPERTY AT 1634 GARDENA
AVENUE, WAYNE AND KELLIE LIEPKE.
WHEREAS, the Appeals Commission of the City of Fridley has been enabled through City
Ordinance to act on the City's behalf as hearing examiner; and
WHEREAS, in accordance with Chapter 128 of the City Code of Ordinances, a letter was sent on
July 16, 2008, to Wayne and Kellie Liepke notifying them of their nuisance to be abated by the
City of Fridley; and
WHEREAS, in response to the City's abatement letter the Liepkes requested a hearing before a
hearing examiner; and
WHEREAS, the Appeals Commission, as a qualified hearing examiner, held that public hearing
on September 10, 2008, and supported staff's position that the private use of public property in
the manner documented is a public nuisance and as such subj ect to abatement; and
WHEREAS, the Appeals Commission concluded upon all testimony provided that the use of
City park land for private purpose is a public nuisance and all hardscape features (clock,
retaining devices, etc.) were to be removed and all gardening within park boundaries was to
cease.
WHEREAS, in response to the Appeals Commission's findings of fact and conclusion, Wayne
and Kellie Liepke requested a hearing before the City Council; and
WHEREAS, the City Council then held that public hearing on December 8, 2008, and;
WHEREAS, the City Council heard all evidence and made two motions once the evidence had
been presented. The first motion was to close the public hearing. The second required staff to
bring back a findings of fact containing the terms of the abatement to review and take action at
the City Council meeting on March 23, 2009.
WHEREAS, the findings of fact have been prepared and include the following:
1. The land is public as park and not part of the Liepkes property; and
2. The City is being generous in not making the Liepkes remove all the plants; and
3. The Liepkes or their predecessors have enj oyed the use of the property for 31 years,
without the requirement of paying taxes on the property; and
4. There is no argument on the part of the owner that the City should make this part of
the park; and
5. The Appeals Commission stated, "this is like planting something in your neighbor's
yard"; and
6. The Appeals Commission believed that all the owner would need to do is let the grass
grow and leave the wild flowers alone; and
7. The City is constitutionally protected; and
8. The Appeals Commission, after considering all evidence and listing their individual
statements as findings of fact, stated the land use by Wayne and Kellie Liepke is an
abatable nuisance.
NOW, THEREFORE, BE IT RESOLVED that based on the reasons listed in the Findings of
Fact, the City Council concurs with the Appeals Commission and defines the use of park land for
private yard and garden is a public nuisance and is abatable. Therefore, upon adoption of this
resolution, Council directs staff to proceed with the abatement, recognizing all costs plus 25%
administrative fees will be required to be paid, or will be assessed to Wayne and Kellie Liepke,
at 1634 Gardena Avenue.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
23rd DAY OF MARCH 2O09.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
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FRIDLEY
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FROM:
AGENDA ITEM
COUNCIL MEETING OF MARCH 23, 2009
WILLIAM W. BURNS, CITY MANAGER
RICHARD D. PRIBYL, FINANCE DIRECTOR
CRAIG A. ELLESTAD, ACCOUNTANT
SUBJECT: MODIFICATIONS TO THE 2009 BUDGET
DATE: MARCH 17, 2009
Attached you will find the resolution amending the appropriations to the 2009 Budget in accordance
with the City Charter.
The adjustments contained in this resolution are in reaction to the State of Minnesota's reduction in
the Local Government Aid (LGA) program. As you may recall, these revenues were certified to all
cities last fall in order that they may properly prepare their budgets in accordance with both local
requirements and state law. Due to the significant financial problems the State of Minnesota is
currently having, we were notified that our 2009 LGA was reduced by $545,761. The attached
resolution implements reductions in the 2009 Budget in reaction to this significant loss in revenue.
RDP/ce
Attachment
Resolution No. 2009 -
A RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS
FOR THE 2009 BUDGET FOR JANUARY THRU MARCH, 2009
Whereas, the City of Fridley produced its annual Budget for 2009 in accordance with
the City Charter and Minnesota State Statutes, and
Whereas, the 2009 Annual Budget was completed during the fourth quarter of 2008
taking into account all possible revenues, and
Whereas, in December of 2008, the City of Fridley learned of the State of Minnesota's
financial crisis and the un-allotment of Local Government Aid for the final payment of
2008, and
Whereas, during January of 2009, the City of Fridley learned of the State of Minnesota's
reductions of 2009 Local Government Aid that had been previously promised to
Minnesota cities, and
Whereas, the 2009 City of Fridley Budget had been prepared taking into account the
Local Government Aid that has been previously certified for receipt during 2009 to
the City of Fridley.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley
that the following reductions are being made to the following funds and accounts
in response to the 2009 reduction in Local Government Aid by the State of Minnesota
as follows:
APPROPRIATION
ADJUSTMENTS
Council
City Manager
Human Resources
Accounting
Assessing
MIS
Police
Fire
Rental Inspections
Engineering
Park Maintenance
Street Maintenance
Garage
GENERAL FUND
-8,159
-889
-3,292
-1,064
-532
-1,201
-62,233
4,013
-6,578
2,465
-15,724
-16,884
-2,298
2009 Budget
Reduction
Health Insurance
Recreation
Building Inspections
General Management
Human Resources
Accounting
Assessing
MIS
City Clerk/Records
Police
Fire
Fire
Engineering
Park Maintenance
Street Maintenance
Garage
Recreation
Building Inspections
Planning
Police
Fire
Rental Inspections
Engineering
Park Maintenance
Street Maintenance
Garage
Planning
General Management
Human Resources
Assessing
City Clerk/Records
Police
Emergency
Management
Engineering
Park Maintenance
Street Maintenance
Recreation
-4,358
-1,098
Health Insurance Adjustments =
-250
-250
-1,000
-242
-242
-242
-5,250
-2,136
-500
-625
-750
-1,100
-363
-605
-375
-363
Wellness Adjustments =
-72,406
-10,062
-1,575
-919
-16,756
-34,888
-700
-536
Fuels & Lubes Adjustments =
-818
-300
-265
-425
434
-675
-450
-220
-300
-835
Dues & Subscriptions
Adjustments =
-117,832
-14,293
-137,842
-3,854
2009 Budget
Reduction
Wellness
Wellness
Reimbursement
2009 Budget
Reduction
Fuels & Lubes
2009 Budget
Reduction
Dues &
Subscriptions
2009 Budget
City Council -300 Reduction
General Management -1,200 Transportation
Human Resources -1,000
Elections
Accounting
Assessing
MIS
Police
Fire
Rental Inspections
Engineering
Park Maintenance
Street Maintenance
Garage
Recreation
Planning
City Council
General Management
Human Resources
Elections
Accounting
Assessing
MIS
City Clerk/Records
Police
Emergency
Management
Fire
Rental Inspections
Municipal Center
Engineering
Park Maintenance
Street Maintenance
Garage
Recreation
Planning
General Management
Human Resources
Accounting
Assessing
MIS
City Clerk/Records
Police
Fire
Rental Inspections
Municipal Center
Engineering
Park Maintenance
Street Maintenance
Recreation
-175
-540
-200
-250
-1,400
-700
-184
-400
-400
-400
-250
-450
-1,000
Transportation Adjustments =
-2,000
-1,075
-950
-50
-4,150
-650
-8,600
-1,137
-5,384
-965
-1,226
-1,450
-1,200
-2,600
-1,800
-1,200
-300
-5,110
-4,750
Conferences & Schools
Adjustments =
-2,675
-5,105
-8,600
-787
-50,887
-2,614
-43,475
-8,300
-4,111
-298
-3,888
-1,024
-392
-15,189
-8,849
-44,597
2009 Budget
Reduction
Conferences &
Schools
2009 Budget
Reduction
IS Fund Charge
Building Inspections
Planning
Temporary Employee-
Reg
Medicare Contribution
FICA Contribution
Worker's
Compensation
Temporary Employee-
Reg
Medicare Contribution
FICA Contribution
Worker's
Compensation
Temporary Employee-
Reg
Medicare Contribution
FICA Contribution
Worker's
Compensation
Police
Police
Building Inspections
Non-Departmental
APPROPRIATION
ADJUSTMENTS
-2,040
-4,784
IT Depreciation Adjustments = -154,169
-23,000
-334
-1,426
-240
Univ. Ave Corridor Main't
Adjustments = -25,000
-9,933
-145
-616
-40
Engineering Intern Adjustments = -10,734
-7,727
-112
-479
-53
Engineering Intern Adjustments = -8,371
2009 Budget
Reduction
University Ave
Corridor Main't
2009 Budget
Reduction
Engineering Intern
2009 Budget
Reduction
Planning Intern
-6,000 -6,000 IT Consultant
-24,500 -24,500 Police Vehicle
-30,000 -30,000 Contract Inspector
-25,000 -25,000 Citizen Survey
General Fund Total = �
CABLE TV FUND
2009 Budget
Health Insurance -2,093 Reduction
Wellness -125
-2,218
GRANT MANAGEMENT
FUND
APPROPRIATION
ADJUSTMENTS
Health Insurance -13,209
SOLID WASTE ABATEMENT
FUND
APPROPRIATION
ADJUSTMENTS
Health Insurance
Wellness
APPROPRIATION
ADJUSTMENTS
Wellness
APPROPRIATION
ADJUSTMENTS
Health Insurance
Wellness
APPROPRIATION
ADJUSTMENTS
Briardale Park
Shelter
Courts
Surfacing/Overlays
Community Pk
Lighting Updates
Portable Bleachers
-566
-125
-691
POLICE ACTIVITY FUND
-125
SPRINGBROOK NATURE
CENTER FUND
-8,089
-363
-8,452
CAPITAL IMPROVEMENT
FUND
-35,000
-7,000
-25,000
-40,000
-107,000
2009 Budget
Reduction
2009 Budget
Reduction
2009 Budget
Reduction
2009 Budget
Reduction
Parks Capital
Improvements
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 23RD DAY OF
MARCH, 2009.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
� AGENDA ITEM
� CITY COUNCIL MEETING OF MARCH 23, 2009
�ffY �F
FRIDLEY
INFORMAL STATUS REPORTS