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09/12/2005 - 00026959CITY COUNCIL MEETING CITY OF FRIDLEY SEPTEMBER 12, 2005 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:34 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Billings Councilmember Wolfe Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Jon Haukaas, Public Works Director PROCLAMATIONS: Shannon Meyer Appreciation Day: September 12, 2005 Constitution Week September 17-23, 2005 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES City Council Meeting of August 22, 2005. APPROVED. NEW BUSINESS: 1. Receive Bids and Award Contract for the Commons Park Water Treatment Plant Upgrade Project. Dr. Burns, City Manager, stated the low bidder was Shank Construction Incorporated at a price of $1,088,700. They also offered an alternate bid of $9,000 for tying the sewer's monitoring system to the water monitoring system. The software we use is called SCADA. Although the FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12, 2005 PAGE 2 second low bidder offered a$27,989 deduction to use an alternate subcontractor for the SCADA portion of the upgrade work, Jon Haukaas, Public Works Director, is recommending that we not create a situation where we will have two software contractors working in the same system. He is, therefore, recommending we award the bid for the upgrade and the alternate bid for integration of water and sewer SCADA to Shank Construction Incorporated in the amount of $1,097,700. Shank's subcontractor for the SCADA work is Automatic Systems, the company we use for all of our other SCADA installations and maintenance. The total scope of work for this project includes replacing the filter media of our seven filters, replacing all of the electronic controls for the back door system at the treatment plant, replacing the electric service, and painting all pipes, filters, and walls, not including outside walls. RECEIVED BIDS AND AWARDED CONTRACT FOR THE COMMONS PARK WATER TREATMENT PLANT UPGRADE PROJECT TO SHANK CONSTRUCTION INCORPORATED. 2. Approve Comprehensive Sign Plan, by Gonyea Development LLC, Generally Located at 1290 Osborne Road N.E. (Ward 2). Dr. Burns, City Manager, stated Tom Gonyea of Gonyea Development is requesting Council's approval of the sign plan for 1290 Osborne Road N.E. Staff has reviewed the plan, and is of the opinion that it conforms to City Code. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. Resolution Approving a Plat, P.S. #05-05, Armament Systems Division, by BAE Systems, for the Purpose of Creating Three Industrial Lots, Generally Located at 4800 East River Road N.E. (Ward 3). Dr. Burns, City Manager, stated the preliminary plat was approved by Council on August 22, 2005. Staff recommends final plat approval. ADOPTED RESOLUTION NO. 2005-41. 4. Resolution Consenting to the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota, Adopting a 2005 Tax Levy Collectible in 2006. Dr. Burns, City Manager, stated this is a levy that has been collected by the City on behalf of the Fridley HRA since 1996. The levy now generates $343,135 per year and costs the owner of the home valued at $200,000, $28.80 per year. The proceeds of the levy are currently used to fund the HRA's Housing Rehabilitation Program and debt services associated with that. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2005-42. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12, 2005 PAGE 3 5. Resolution Designating the National Incident Management System as the Basis for all Incident Management in the City of Fridley. Dr. Burns, City Manager, stated this is a resolution designating the National Incident Management System, or "NIMS" as it is called, as the basis for all incident management in the City of Fridley. NIMS is the first standardized approach to incident management on a national level. It establishes common procedures and training for dealing with emergency response. The expectation is that we will enhance coordination of all public safety providers during an emergency. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2005-43. 6. Resolution by the City of Fridley Promoting the Use of Intrastate Mutual Aid Agreements. Dr. Burns, City Manager, stated this resolution establishes Council's support for the Intrastate Mutual Aid Agreement and grants the City's Public Safety Director the authority to dispatch privileged personnel and equipment outside the boundaries of Fridley for the purposes of emergency response to other communities. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2005-44. 7. Appointment Dr. Burns, City Manager, stated this is an appointment to the position of Utility Accounting/Data Processing Clerk in the Finance Department. This is a vacancy, rather than a new position. Staff recommends the appointment of Tammy Christiansen, a current employee, for this position. Tammy has worked for the City as cashier accounting data processing clerk since February of this year. Staff recommends Council's approval. APPOINTMENT APPROVED. 8. Claims (123044 - 123302). APPROVED. 9. Licenses. APPROVED AS SUBMITTED AND AS ON FILE. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12, 2005 PAGE 4 10. Estimates. APPROVED THE FOLLOWING ESTIMATES: Palda & Sons, Inc. 1462 Dayton Avenue St. Paul, MN 55104 2005 Neighborhood Street Improvement Project No. ST. 2005 - 1 Estimate No. 4 $ 223,717.46 BCG Construction, Inc. 3117 Salem Avenue South St. Louis Park, MN 55416 2005 Miscellaneous Concrete Repair Project No. 359 Estimate No. 3 $ 10,649.50 MOTION by Councilmember Barnette to approve the consent agenda as presented with the removal of Item 2. Seconded by Councilmember Wolfe UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA MOTION by Councilmember Bolkcom to approve the agenda as presented with the addition of Item 2. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): Donald E. Anderson, Jr., 7304 West Circle N.E., said he has been stopped by the police for no reason. Friday night they stopped him in the trailer court when he was getting out of his car. Three to four officers stopped him as part of a suspicion he was part of a shooting in Fridley Terrace and he does not know why because his car is a Ford Taurus. Mayor Lund asked Mr. Anderson what time of the night this was. Mr. Anderson replied it was about 1:41 a.m. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12, 2005 PAGE 5 Mayor Lund stated the police officers have been doing some night patrols in the community on Friday nights. Mr. Anderson stated he did not do anything; they just came up to him and searched his vehicle using their flashlights. Mayor Lund asked Mr. Anderson if he would like the Community Resource Officer or the Police Chief to meet with him. Councilmember Bolkcom suggested to Mr. Anderson that ne�t time he call the Director of Public Safety and talk to him and then come back if he does not get any resolution from him. If anyone called her regarding a question like that, as a councilmember, she believes she would advise them to contact the Director of Public Safety. Mr. Anderson stated he did not know how to get a hold of him. Councilmember Bolkcom suggested he call the City's number, 571-3450, and ask to be transferred to the Director of Public Safety. Mayor Lund informed Mr. Anderson he could also contact his ward councilmember or Mayor Lund or the councilmember-at-large. NEW BUSINESS: 11. First 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, to Rezone the Property from M-2, Heavy Industrial, to C-3, General Shopping, Generally Located at 5601 East River Road N.E) (Ward 3). Scott Hickok, Community Development Director, stated the petitioners are requesting to rezone the property at 5601 East River Road from M-2, Heavy Industrial, to C-3, General Shopping, so they can market the site to potential commercial buyers. It is petitioners' intention to ask for the rezoning at this time and, once the specific user(s) have been identified for this site, they would come back for a second reading of the rezoning ordinance at the City Council level with the detailed site planning information and any other City requirements. As was mentioned at the last meeting, it would be a public hearing. They would notify residents again because of the gap between the first and second reading. At the August 22, 2005, City Council meeting, a public hearing was held. After some discussion, Stipulation No. 4 was eliminated, and modifications were made to Stipulation No. 3 in accordance with Council's request. City staff recommends Council hold the first reading of the ordinance for approval of Rezoning Request, ZOA #OS-03 with the following Stipulations: 1. Petitioner shall comply with the State of Minnesota Rules, Chapter 4410 for environmental impact review. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12, 2005 PAGE 6 2. Petitioner shall submit user-specific site plans, including appropriate drainage and landscaping details, prior to second reading of the rezoning ordinance (Petitioner has waived 15.99 rights in order to comply with this stipulation). Implementation of a traffic management plan, including any required infrastructure enhancements (at no cost to Longview Fibre Company), approved by the City for the corresponding site plan. Mr. Hickok said that at last meeting, Councilmember Bolkcom asked for Stipulation 3 to be clarified. He said the phrase, "at no cost to Longview Fibre Company," did not appear in the Council's packet. Staff and petitioner discussed this today to strip down that stipulation and make it easier to understand. For the purposes of this modification for this site plan, the infrastructure enhancements would not cost Longview Fibre anything. Mr. Hickok stated Councilmember Billings had expressed an interest in having a timeframe for this to come back They do have suggested language for a timeframe. They have talked with petitioner and their legal counsel, and initial interest was in having a 12-month return. After discussing this with them, it is understandable it may take them as much as 9, 10, 11 months to land that user but then it may take again the remainder of that time to prepare the exact plans they would use for this site. Staff recommends the following Stipulation No. 4: 4. Petitioner shall return with a user-specific site plan and all other corresponding plans within 24 months of a first reading approval or this request will become null and void. They would then start the process over at that time. Councilmember Bolkcom asked where the public hearing for the second reading was mentioned. Mr. Hickok stated the purpose of inentioning that on the record is because it is not a standard procedure but it is to make it very clear on the record that it is their intention to do that. It is not a stipulation of the petitioner, it is something that they are imposing upon themselves. Councilmember Bolkcom stated she realizes it is in the record, but someone would have to go back and read the record and say it was two years. She asked what would be wrong with putting it in as a stipulation. Mr. Hickok replied stipulations are for outlining the petitioner's responsibilities. What she would be asking the petitioner to do is to do something that is a staff responsibility. The petitioner recognizes that by virtue of this being a hearing, they are going to be paying for that also. He said they could add a stipulation that says the petitioner will pay the additional cost for the second hearing publication at such time as it is required. Staff would be in support of that. Councilmember Bolkcom commented it was not just the cost, but her concern was that the petitioner knows there has to be another public hearing and it is on the record. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12, 2005 PAGE 7 Mr. Hickok stated that would be city-initiated, not petitioner-initiated. When they put together a public hearing, all the work is on their end and the stipulations they have imposed on these projects is a petitioner-in-position, not staff-in-position. So, he guessed they are doing their best to notify the public about what the process is going to be and hopefully everyone, including the future legal counsel of both parties, will understand that a hearing will happen. This is a very unusual process. They are putting it on themselves and putting it on the record this evening so that people are clear and do not wait for the second reading in the normal course of activity. It will likely come back within a 24-month period and, at that time, there will be due notice. Councilmember Bolkcom stated she is okay with that. He makes it sound like there has to be an actual public hearing once there is a development there so that means he says they are going to pay the cost. Mr. Hickok stated there may be people who understand that a public hearing comes with a certain cost and, if the petitioner now is causing them to have a second public hearing, that has a cost attached to it. His point is to let the public know that the cost attached to a second public hearing is not to be borne by taxpayers, but by the petitioner instead. Councilmember Billings stated they have heard Mr. Hickok refer to a parenthetical reference to Longview Fibre in Stipulation No. 3. Personally, as far as he is concerned, that is an agreement between the petitioner and Longview Fibre, and he has no desire to get involved in that. He is comfortable with Stipulation No. 3 as it is written in their agenda this evening, without the parenthetical reference. Councilmembers Wolfe and Bolkcom both agreed. Jay Lindgren, Dorsey & Whitney, attorney for Petitioner, stated they are comfortable with all the stipulations that have been brought forward this evening. They are certainly in agreement with the original language that their neighbor, Longview, would not be responsible for any costs. Their primary concern, however, is Longview is a good neighbor, they are a good neighbor, and they do not have ongoing complaints from them. If it is Council's wish not to put that in there, he thinks it is safe to say that they are willing to enter into an agreement with Longview. As far as the cost of making those traffic improvements, they are costs they are willing to take. So, again, if they do not want to impose that condition, they will work it out with their neighbor. He said that was sufficient for petitioner. Councilmember Billings stated the minutes are kind of an overview of what took place but they will ask the recording secretary to enter into the record the fact that Mr. Lindgren has requested that be placed into the stipulations so that when they meet with their counterpart from Longview, petitioner will be able to say that they tried. Mayor Lund stated he would take it one little step further. He thinks by placing it on public record, that it behooves petitioner, not necessarily the City, to make sure that agreement between the petitioner and Longview takes place. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12, 2005 PAGE 8 Councilmember Billings stated regarding Mr. Hickok referring to the 24 months. What he is also suggesting is they add another sentence to Stipulation No. 4 that says, "Petitioner shall provide the City of Fridley an update, in writing, on or before October 1, 2006." So they know what is going on. In terms of Councilmember Bolkcom's previous conversation, he thinks he is going to suggest they add a stipulation that petitioner will pay for the publication costs of an additional public hearing at the time, prior to the second reading. Just so it is clear. Attorney Lindgren said for the record they support both of those items. It would be their goal to have such conversation with them, written or not, before October 1, 2006. It is their best interest to not let this go 24 months. MOTION by Councilmember Bolkcom to waive the reading and approve the first reading of this ordinance with the following stipulations: 1. Petitioner shall comply with the State of Minnesota Rules, Chapter 4410 for environmental impact review. 2. Petitioner shall submit user-specific site plans, including appropriate drainage and landscaping details, prior to second reading of the rezoning ordinance (Petitioner has waived 15.99 rights in order to comply with this stipulation). 3. Implementation of a traffic management plan, including any required infrastructure enhancements, approved by the City for the corresponding site plan. Seconded by Councilmember Wolfe. MOTION by Councilmember Bolkcom to amend the first reading of this ordinance to add the following two stipulations: 4. Petitioner shall return with a user-specific site plan and all other corresponding plans within 24 months of first reading approval or this request will become null and void. Petitioner shall provide the City of Fridley an update, in writing, on or before October 1, 2006. 5. Petitioner shall reimburse the City of Fridley for publication costs of a second public hearing prior to second reading. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION TO AMEND CARRIED UNANIMOUSLY. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION TO APROVE THE FIRST READING CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12, 2005 PAGE 9 2. Approve Comprehensive Sign Plan, by Gonyea Development LLC, Generally Located at 12990 Osborn Road N.E. (Ward 2). Councilmember Bolkcom asked Mr. Hickok to show the sign. Mr. Hickok showed an illustration of the building as it existed along Osborne and Old Central. What is being suggested is that all the letters will be colored black, white, or charcoal gray. It will be similar to the accent block All signage shall be between 11 feet, 4 inches and 14 feet, 6 inches on the building and up to 18 inches high. So over each entry feature, they have a certain sign as it is prohibited and they have specified a certain letter type and a certain design characteristic about the signage. They have also indicated that the signage could be rows of te�t, not to exceed 24 inches in height and, if there are any logos, they would have to stay within that same sign block. Councilmember Bolkcom asked if there were any freestanding signs. Mr. Hickok said there were not. MOTION by Councilmember Bolkcom to approve the comprehensive sign plan for 1290 Osborne Road with the following sign criteria: 1. All signs must be made out of raised plastic individual letters 6" to 24" high. 2. The color of the letter is to be charcoal gray to match the darker block on the building. 3. The placement of the signs must be in-between the charcoal gray accent bands as shown on the attached drawing. 4. Sign may be no more than the width of the leased space less five feet on each end or sign must not exceed the maximum square footage of building signage allowed by the City of Fridley, whichever is more restrictive. (City of Fridley requirement=fifteen times the square root of the linear length of the tenant's leased frontage.) 5. Signs may be more than one line, not exceeding 24" high for total signage. 6. Logos are permissible constructed out of the same material and color as the letters. 7. Building owner must sign off on all sign plans prior to submitting to the City for permit. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 12, 2005 PAGE 10 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Informal Status Reports. Mayor Lund stated he wanted to thank organizers including Stan Kowalski, Barney Buss, Malcolm Watson, and others for the successfu1911 memorial event held at the Spring Lake Park football field. This evening Dunn Bros Coffee in Fridley donated a beautiful mural to the Fridley Historical Society. The mural depicts the early years of Fridley. Councilmember Bolkcom stated Art at Rice Creek was held at the Banfill-Locke Center on Sunday. She thanked the Fridley Parks crew and the Anoka County Parks and Recreation Department for the great job they did. Two Fridley community officers were out directing traffic from 11 a.m. to 5 p.m., and they did an incredible job. ADJOURN: MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 8:09 P.M. Respectfully submitted by, ������ Denise M. Johnson Scott J. Lund Recording Secretary Mayor