03/23/2009 - 29226CITY COUNCIL MEETING
CITY OF FRIDLEY
MARCH 23, 2009
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: James Kosluchar, Public Works Director
Richard Pribyl, Finance Director
Scott Hickok, Community Development Director
Fritz Knaak, City Attorney
APPROVAL OF MINUTES:
City Council Meeting of March 9, 2009.
APPROVED.
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. Receive Bids and Award Contract for the 2009 Sanitary Sewer Lining Project No. 383.
Richard Pribyl, Finance Director, said the City opened four bids on March 12, 2009. The low
bidder was Veit Specialty Contracting & Waste Management from Rogers, Minnesota, in the
amount of $154,785. Since the amount is within the budget and below our estimate, staff
recommends the contract be awarded to the low bidder.
RECEIVED BIDS AND AWARDED CONTRACT TO VEIT SPECIALTY
CONTRACTING & WASTE MANAGEMENT IN THE AMOUNT OF $154,785.
2. Receive bids and Award Contract for the 2009 Miscellaneous Concrete Repair Project
No. 384.
Richard Pribyl, Finance Director, said the City opened six bids on March 12, 2009. The low
bid was submitted by Ron Kassa Construction, Inc., of Elko, MN, in the amount of $57,800.
Since the low bid was within our budget for 2009 and was submitted by a contractor with whom
FRIDLEY CITY COUNCIL MEETING OF MARCH 23, 2009 PAGE 2
we have had favorable past experience, staff recommends the bid be awarded to the low bidder
in the amount of $57,800.
RECEIVED BIDS AND AWARDED CONTRACT TO RON KASSA CONSTRUCTION,
INC., IN THE AMOUNT OF $57,800.
3. Receive Plans and Authorize Advertisement for Bids for the Municipal Parking Ramp
Repairs Project No. 381.
Richard Pribyl, Finance Director, said Ulteig Engineering has prepared design of the initial and
most critical work needed to repair the City's Municipal Center parking ramp. This work was
determined necessary when an assessment of the 20-year old structure was prepared in the fall of
2007. The City has budgeted $45,000 for this work in its 2009 General CIP budget. Staff
recommends Council's approval to advertise for bids for the work.
RECEIVED PLANS AND AUTHORIZED ADVERTISEMENT FOR BIDS FOR THE
MUNICIPAL PARKING RAMP REPAIRS PREJECT NO. 381.
4. Approve 2009 Reappointments to City Commissions.
Richard Pribyl, Finance Director, said with the exception of the HRA, all other commissions
have 3-year terms. Planning Commission Chair Dave Kondrick's term expires on April 1. Mr.
Kondrick was appointed last year to serve the remainder of Diane Savage's term. He would like
to be reappointed.
Mr. Pribyl said the terms of Appeals Commission members Brad Sielaff (Chair) and Matthew
Brown expire on April 1. They would both like to be reappointed. The terms of Environmental
Quality and Energy Commission members Richard Svanda and Martina Nelson expire on April
1. Staff has been able to contact them, and they would both like to be reappointed.
Mr. Pribyl said the terms of Parks & Recreation Commission members Marcy Sibell (Chair)
and Dave Kondrick expire on April 1. They would both like to be reappointed. The term of
HRA member Larry Commers (Chair) does not expire until June 9. We will bring this item to
Council at a future meeting closer to June.
APPROVED THE REAPPOINTMENTS OF THE FOLLOWING COMMISSION
MEMBERS: DAVID KONDRICK, BRAD SIELAFF, MATTHEW BROWN, RICHARD
SVANDA, MARTINA NELSON, AND MARCY SIBELL.
5. Claims (140934 — 141109).
APPROVED.
6. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
FRIDLEY CITY COUNCIL MEETING OF MARCH 23, 2009 PAGE 3
7. Estimates.
APPROVED THE FOLLOWING ESTIMATE:
Classic Protective Coatings
N7670 State Highway 25
Menomonie, WI 54751
Water Tower #2 Rehabilitation Project #378
EstimateNo. 3 ..............................................................................$ 37,113.50
MOTION by Councilmember Barnette to approve the Consent Agenda. 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. Seconded by Councilmember
Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM (VISITORS): No one in the audience spoke.
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).
Scott Hickok, Community Development Director, said this item was presented before the
Appeals Commission in September of 2008. This item relates to property at 1634 Gardena
Avenue and is directly related to using park land for private purposes. The Parks and Recreation
Department surveyed the property in this area and discovered there were a number of properties
that had encroachments on to park property. All encroachments have been taken care of with the
exception of this property. The resolution matches the Appeals Commission findings of facts.
This is a public nuisance, using public property for private purposes. The abatement process has
an additional 25% administrative costs associated with the process. Staff would like to declare
this as a public nuisance and authorize an abatement to correct the problem. Staff recommends
Council's approval.
Councilmember Varichak asked if there has been any contact with Mr. Liepke besides
February 23 when Mr. Liepke had contact with staff.
FRIDLEY CITY COUNCIL MEETING OF MARCH 23, 2009 PAGE 4
Mr. Hickok said before Christmas, Mr. Liepke called and indicated that he would like to wait
until after the holiday season to go forward with the planning process. He also contacted Mr.
Kirk to discuss some other things. Mr. Liepke said he was waiting for his partner to arrive home,
but to date a plan has not been submitted.
Councilmember Varichak asked what kind of abatement would take place and how much it
would cost.
Mr. Hickok said the Parks and Recreation Department did not get an opportunity to express
what they would like to see in that area. Mr. Liepke was talking about putting in native grasses
but staff did not have an opportunity to evaluate alternatives in that area. If the perennials are
removed, the area would almost be in a natural state. As far as cost goes, it could take about 12
hours at $35 per hour plus the 25% administrative fee which would be about $625.
Councilmember Bolkcom said she was incredibly surprised that nothing has happened since
December 8. The City is trying to compromise with Mr. Liepke and nothing happened. She
asked how much time would be given to Mr. Liepke to do the work on his own if the resolution
were passed tonight.
Mr. Hickok said Mr. Liepke would have 45 days and right now is a good time to transplant
perennials. Anything beyond 45 days would be abatable and the City would take care of the area
and charge the costs back Mr. Liepke.
Councilmember Bolkcom asked what would be done with the area after the perennials were
removed.
Mr. Hickok said staff does not want holes left in the area. Plants would need to be taken out and
fill would have to be put back in.
Jack Kirk, Parks and Recreation Director, said he did not anticipate planting any new plants but
agreed that the holes would need to be filled. The intention is to let the area go natural.
Mayor Lund said if the resolution was approved, it would not give Mr. Liepke the okay to go in
and remove any plants and add native grass.
Mr. Hickok said if Council wanted to give the owner 45 days to take care of things, that would
be okay with staff. The abatement was to occur before September of last year and by virtue of
appeal, e�tra time was given.
Mr. Kirk said last September he was okay with the homeowner taking plantings out of the area
and he still feels the same way. If Mr. Liepke chose to abandon the plantings, that would be his
choice.
Mayor Lund said maybe an additional item should be added stating that if Mr. Liepke would
like to remove the plant, he would have 45 days to remove plants and vegetation. However, in
no case can anything be dug out or removed without approval of City staff. If the plantings are
FRIDLEY CITY COUNCIL MEETING OF MARCH 23, 2009 PAGE 5
not removed, the plantings become City property and may be removed and planted in other areas
of the City.
Councilmember Bolkcom recalled that in the normal abatement process, the property owner has
time to take care of the property.
Mr. Hickok said time has been given but final action is waiting on Council's decision. When
Council makes a final decision, the Liepkes will be granted time.
Fritz Knaak, City Attorney, said technically the Liepkes do not have to do anything until the
resolution is passed. When the abatement occurs, the person whose property is being abated will
offer a proposal because removing the plants is an expense to the City and the cost of the
abatement is the property owners' responsibility. The cost is associated with removal of flowers
and there would be costs charged back to the property owner. The way to avoid the abatement
charges is to remove the plants themselves. Technically the plants belong to the City because
they are on city property. If the Liepkes remove the plants themselves, the City does not have to
spend staff time and the cost will not be accessed to them. The City has been very flexible and
offered the Liepkes the opportunity to remove the plants without penalty. The amount of the
abatement depends on the amount of plants that need to be removed. It would be best if
something can be worked out with the Liepkes.
Councilmember Barnette said if the Liepkes decide to leave the plants and the City decides to
remove the plants at a later date, would there still be a charge to Mr. Liepke to remove the plants.
Councilmember Bolkcom asked why the City would wait to remove the plants. If the
abatement process goes through, the City should take care of the plants now.
Attorney Knaak said technically the plants are on the park property and requiring their removal
and is abatable. The abatement cost would be assessable to the Liepkes. The City has
alternatively offered the owner the option to remove the plants themselves.
Councilmember Bolkcom thought this should be treated like anything else. The Liepkes should
be given 45 days to remove the plants and if the plants are not removed, they will be charged for
removal of the plants.
Councilmember Saefke said another problem was that Mr. Liepke was cutting the grass as a
private yard. A large part of the abatement is to quit maintaining the property. Leaving the
plants was an option. The plantings do have value, so whether the plants are sprayed with
Roundup or are transplanted, it would be a park decision.
Councilmember Barnette said if Mr. Liepke does not do anything to the property and a year
later the City decides to remove the plants, would the City then charge the property owner?
Mayor Lund said it is the City's decision and the City would have the right to charge the owner.
Councilmember Bolkcom said in all fairness, this should have been taken care of in September.
FRIDLEY CITY COUNCIL MEETING OF MARCH 23, 2009 PAGE 6
Mayor Lund said Mr. Liepke had until tonight to bring forth a plan to take out the plants and
plant some native grass.
Wayne Liepke, Property owner, said originally, he thought the plants that were currently there
would stay. He called Mr. Kirk and Mr. Kirk said the City would remove plants that were left
behind. Mr. Liepke said he understood from the resolution the plants did not have to be
removed. Originally, the resolution just involved the hard scape items. There was no talk about
the abatement of the plants. Letting the plants stay would be somewhat of a compromise.
Mr. Liepke said he did not want to remove everything and have to replace it with something
else. That is why he did not come forward with a proposal. He said he was open to Mayor
Lund's proposal of removing everything that needs to be removed in 45 days.
Councilmember Bolkcom said she was surprised after the meeting on December 8 that a plan
did not follow and no communication was made with Mr. Kirk She asked if there was some
kind of misunderstanding.
Mr. Liepke said he was naive on how much time things take but thought the decision was
already made by Mr. Kirk for all plants to be removed. At that time he said he decided that he
would not come up with a proposal as it seemed the plan had already been decided.
Mayor Lund said that on February 27, Mr. Liepke was supposed to talk with his partner and
discuss a proposal. It was clear that a proposal would be submitted and an agreement would be
made on which plants could stay and which ones would be removed.
Mr. Liepke said that at the time of the proposal, he thought the plants could stay and he just
could not garden there anymore. That was when he proposed to plant some natural grasses to
add to the plantings.
Mayor Lund said Council will give Mr. Liepke 45 days to remove the plants and discuss with
Mr. Kirk which plants can stay and which ones have to be removed. Mr. Liepke is fully aware
tonight that if there are things that need to be done, it would be at Mr. Liepke's expense. Any
plants not native to the area will have to be removed.
Councilmember Bolkcom said that Mr. Kirk heard that a proposal would come forward. Too
bad Mr. Liepke did not contact a Council member if he understood something different. A
compromise could have been worked out. It will be difficult at this point to figure out what
should go and what should stay.
Richard Pribyl said that he heard from Mr. Kirk that most of the perennials are not native to the
area and will need to be removed. The vegetation is not native to the area and it is staff's
recommendation to remove all plantings from the area.
Councilmember Bolkcom said that is why Council asked for a plan to be worked out.
FRIDLEY CITY COUNCIL MEETING OF MARCH 23, 2009 PAGE 7
Mr. Hickok said it is City property and if the Parks and Recreation Department decides to take
out the plants, they can. Mr. Liepke relinquished his rights to the plants. None of the plants are
native to the park and will not successfully blend in with the area. An alternative plan was never
discussed with staff and Mr. Kirk never wanted any of the plants left on the site.
Mayor Lund said Mr. Liepke said he understood that within 45 days, he will take out what he
wants and he will be charged for the removal of anything that is left.
Mr. Kirk said that hosta plants could be removed and replanted where they would be more
appropriate. He said when he spoke with Mr. Liepke at the end of February, they discussed that
some of the plants could be moved to some of the City parks. He never told Mr. Liepke the
perennial gardens could stay there.
Councilmember Bolkcom said the City would not have to remove the plants if they were not
there in the first place. If the natural state is the goal and the plants are not removed, Mr. Liepke
should be charged for the removal of the plants.
Mayor Lund said if Council approves, the charge to remove the plants will be abatable. Mr.
Liepke said he understands it is an abatable charge. Ultimately it would be best if the property
owner contact staff and if all the plants have to go, Mr. Liepke takes care of it. If the City
removes the plants the cost will be charged to Mr. Liepke.
Councilmember Barnette asked about Numbers 2 and 6.
Councilmember Bolkcom said that those are in the findings of facts.
Attorney Knaak said the resolution would be better without Items 2 and 6, but it is not
necessary.
Mayor Lund said that Mr. Liepke understands that abatement means charges to him.
Councilmember Bolkcom asked about the 45 days and if something would need to be put in
there in writing or if that is normal procedure.
Attorney Knaak said if Council wanted to protect the owner they could say the abatement will
not be enforced for a period of 45 days. It will survive without it but there is no harm in being
clear. The language of "no abatement by the City shall be taken for 45 days from the date of the
resolution" could be added.
MOTION by Councilmember Varichak to adopt Resolution No. 2009-18. Seconded by
Councilmember Saefke.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF MARCH 23, 2009 PAGE 8
MOTION by Councilmember Varichak to add No. 9 to the resolution as follows: "No
abatement by the City shall be taken for 45 days from the date of the resolution." Seconded by
Councilmember Bolkcom.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
NEW BUSINESS:
9. Resolution Authorizing Changes in Appropriations for the 2009 Budget for January
through March, 2009.
Rick Pribyl, Finance Director, said over the past 60 days the City Manager, department
managers, and Council met to discuss budget adjustments needed because of cutbacks in State
LGA funding for 2009. The LGA reduction amounted to $545,761 for 2009. The budget
reductions identified in the attached resolution total $611,041. Staff has also identified revenue
modifications that total $167,000. The revenue modifications will not be adjusted but will result
in a positive variance to actual revenues at year-end.
Mr. Pribyl said the adjustments were based on the following assumptions: there would be no
further LGA cuts by the State of Minnesota; and these changes will allow the City to maintain
the cash balance and working capital projections made during 2008 for the 2009 budget. With
these adjustments, there will continue to be a budgeted $1.6 million General Fund operating
deficit that will need to be addressed in the future by additional revenues. These cuts are
considered to be temporary.
Mr. Pribyl reviewed the revenue adjustments: temporarily rededicate Parks Capital levy to the
General Fund -$107,000, adjust General Fund overhead charge to utility funds -$50,000, other
fee adjustments, including rental inspection fees -$10,000. These changes will result in a
positive variance to revenues at year-end.
Mr. Pribyl reviewed the following expenditure adjustments: health Insurance adjustments -
$117,832, reduction in the Wellness Program -$14,293, Fuels and Lubes reduction -$137,842,
Dues and Subscriptions reduction -$3,854, Transportation reduction -$8,849, elimination of the
Contract Building inspector -$30,000, elimination of the Citizen Survey -$25,000, reduction in
conferences and schools -$44,597, IT depreciation adjustment -$154,169, summer intern
elimination -$19,105, elimination of one Police squad -$24,500, elimination of the University
Avenue corridor maintenance -$25,000, and reduction of the Police IT Consultant -$6,000.
Mr. Pribyl said that the General Fund Adjustments are as follows:
TOTAL REVENUE ADJUSTMENTS: $167,000
TOTAL EXPENDITURE REDUCTIONS: 611,041
TOTAL ADJUSTMENTS: $778,041
FRIDLEY CITY COUNCIL MEETING OF MARCH 23, 2009 PAGE 9
These adjustments are considered temporary and the cuts fall short of cutting services and
eliminating jobs. In order to keep offering similar scope of services, the City will need to find
new sources of revenue. Due to the reduction in the General Fund, similar changes were made
throughout the other budgeted funds. The changes are as follows: Cable TV Fund — reduction of
$2,218, Grant Management — reduction of $13,209, Solid Waste Abatement — reduction of $691,
Police Activity — reduction of $125, and Springbrook Nature Center — reduction of $8,452.
Mr. Pribyl said that due to the shift of tax levy in the amount of $107,000 from the Parks CIP
for 2009, the Parks and Recreation Commission recommended corresponding reductions in the
CIP for 2009 as shown on the resolution.
Mr. Pribyl said the possible impacts to City services with these reductions include loss of
mowing of main transportation corridor on University Avenue (MnDOT may cut twice this
summer), less reliability of the Police fleet with one vehicle down, putting more maintenance
stress on other vehicles, staff will not have the opportunity to bring back new innovative
information disclosed at each of the professional organizations of the various disciplines in the
City, and the Parks Capital items will not be completed.
MOTION by Councilmember Saefke to adopt Resolution No. 2009-19. Seconded by
Councilmember Bolkcom.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY
10. Informal Status Reports.
Councilmember Bolkcom said a meeting will be held for the Glen Creek Property Owners on
Apri17 from 6:30 p.m. to 7:30 p.m. at City Hall.
Mayor Lund said the Empty Bowls fundraiser is scheduled for tomorrow night from 4:30 p.m.
to 7:30 p.m. There will be a free-will offering and proceeds go to the food shelf.
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 8:42 P.M.
Respectfully Submitted,
Krista Monsrud Scott J. Lund
Recording Secretary Mayor