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CffY OF
FRIDLEY
FRIDLEY CITY COUNCIL MEETING
OF DECEMBER 4, 2006
7:30 p.m. - City Council Chambers
Attendance Sheet
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PLFASF AR/NT NAMF, A�aRFSS AND /TFM NUMBFR YaU ARF /NTFRFSTFD /N.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 4, 2006
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qTY OF
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 763-572-3500 at least one week in advance. (TTD/763-572-3534)
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PLEDGE OF ALLEGIANCE. �� �� �„����', APPROVAL OF PROPOSED CONSENT AGENDA:
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PROCLAMATION:
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Steven E. Billings Appreciation Day — December 11, 2006
Richard P. Wolfe Appreciation Day — December 11, 2006
NEW BUSINESS (CONTINUED):
Resolution Authorizing an Agreement for the
Installation of a Trail Crossing Over the BNSF
Railroad Tracks Along 85th Avenue N.E. (Ward
3) ................ �� . ,,. �.!� ......... 31 - 35
'�,��` 6. Claims (129401 — 129683)
APPROVAL OF PROPOSED CONSENT AGENDA: �bfjl �
APPROVAL OF MINUTES: ��1
City Council Meeting of November 13, 2006
City Council Meeting of November 20, 2006
NEW BUSINESS:
Receive the Minutes from the Planning
Commission Meeting of November 15,
2006 ................................................ 1 - 4
2. Extension of Special Use Permit, SP #05-03,
and Variance, VAR #05-14, for the Expansion
of Woodcrest Baptist Church, Generally Located
at 6875 University Avenue N.E.
(Ward 1) .......................................... 5 - 6
3. Resolution to Vacate a Portion of Madison
Street, Generally Located North of Rice Creek
Terrace and Terminating at Rice Creek Park, in
Order to Vacate a No Longer_ Needed Right-of-
Way G
(Ward 1) .........1„D.�ia...:�:J......... 7 - 11
4. Resolution Authorizing an Agreement for the
Replacement of the Traffic Control System on
University Avenue (TH 47) and 81St Avenue N.E.
(Ward 3) ..........�,Q�iip:-..�(j.�....... 12 - 30
7. Licenses .....
Estimates ..........
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ADOPTION OF AGENDA. %�P� `
36
37
38
OPEN FORUM (VISITORSI: Consideration of Items not on ,
Agenda— 15 Minutes n;,� �
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PUBLIC HEARINGS: �r,� , �, J' �(, S
, 9. ,��Consideration of the 2007 City of Fridley
� ���,I ) Budget ................................... 39 - 40 ��P
+�1�.. " �-, i`� � ( � r y�� ,rt, � ��,��,q�
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10. Consideration of an Intoxicating Liquor License
for Baggan's Pub, 3720 East River Road N.E.
(Ward 3) (Continued November 13,
2006) .................................. 41 - 42 �- 34
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Consideration of the Neighborhood Street
Improvement Project No. ST. 2007 —1
(Continued November 13, 2006) ..... 43
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 4 2006
OLD BUSINESS:
12. Motion to Approve Amended Language
in Sections 6.03.04 and 6.06.02 of the
Fridley City Code;
and
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Second Reading of an Ordinance Amending �
Chapter 6, Commissions, of the Fridley City
Code, Correcting Number of Planning Commissioners
and Providing for Substitute Members on the
Appeals Commission (Tabled November 13,
2006) 44 - 46
o rd . . . . �. a 3 � . . . . . . . . . . . . . .
NEW BUSINESS:
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13. Approve Change Order No. 3 to the 2006 Street_ �.�-�j�L` v`����f
Improvement Project No. ST. �'��� `'`�'�'�'�
2006 -1 ................................... 47 - 50
14. Reinstate the 2005-2006 Rental License for , ��„�� �� J� J�� s�
6571 Channel Road; , �
and
Approve Application for a 2006-2007 Rental -���-�'-�- „,� ,_�/� ��
License for 6571 Channel Road ''� �`�
(Ward 2) .................................. 51
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15. Receive Bids and Award Contract for the � ���w�-�- .
Construction of Two Rescue Trucks for the /
City of Fridley Fire Department .......... 52 - 54 ��/ �- ���'�
16. Preliminary Plat Extension Request,
P.S. #05-02, by Family Lifestyle
Development Corporation, Generally
Located at 1314 Mississippi Street,
1340 Mississippi Street, 6421 Central
Avenue and 6461 Central Avenue
(Ward 2) .................................
17. Informal Status Reports .................
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ADJOURN. J�� l � �
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55 - 56
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� CITY COUNCIL MEETING OF DECEMBER 4, 2006
CffY OF
FRIDLEI'
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 763-572-3500 at least one week in
advance. (TTD/763-572-3534)
PLEDGE OF ALLEGIANCE.
PROCLAMATION:
Steven E. Billings Appreciation Day — December 11, 2006
Richard P. Wolfe Appreciation Day — December 11, 2006
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of November 13, 2006
City Council Meeting of November 20, 2006
NEW BUSINESS:
1. Receive the Minutes from the Planning
Commission Meeting of November 15, 2006 .................................................. 1- 4
2. Extension of Special Use Permit, SP #05-03,
and Variance, VAR #05-14, for the Expansion
of Woodcrest Baptist Church, Generally Located
at 6875 University Avenue N. E. (Ward 1) ....................................................... 5- 6
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 4, 2006 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
3. Resolution to Vacate a Portion of Madison
Street, Generally Located North of Rice Creek
Terrace and Terminating at Rice Creek Park, in
Order to Vacate a No Longer Needed Right-of-Way
(Ward 1) ......................................................................................................... 7 - 11
4. Resolution Authorizing an Agreement for the
Replacement of the Traffic Control System on
University Avenue (TH 47) and 81St Avenue N.E.
(Ward 3) .......................................................................................................... 12 - 30
5. Resolution Authorizing an Agreement for the
Installation of a Trail Crossing Over the BNSF
Railroad Tracks Along 85t" Avenue N.E. (Ward 3) ......................................... 31 - 35
6. Claims (129401 — 129683) .............................................................................. 36
7. Licenses .......................................................................................................... 37
8. Estimates ........................................................................................................ 38
ADOPTION OF AGENDA.
OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes
PUBLIC HEARINGS:
9. Consideration of the 2007 City of Fridley
Budget....................................................................................................... 39 - 40
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 4, 2006 PAGE 3
PUBLIC HEARINGS (CONTINUED):
10. Consideration of an Intoxicating Liquor License
for Baggan's Pub, 3720 East River Road N.E.
(Ward 3) (Continued November 13, 2006) ....................................................... 41 - 42
11. Consideration of the Neighborhood Street
Improvement Project No. ST. 2007 — 1
(Continued November 13, 2006) ..................................................................... 43
OLD BUSINESS:
12. Motion to Approve Amended Language
in Sections 6.03.04 and 6.06.02 of the
Fridley City Code;
and
Second Reading of an Ordinance Amending
Chapter 6, Commissions, of the Fridley City
Code, Correcting Number of Planning Commissioners
and Providing for Substitute Members on the
Appeals Commission (Tabled November 13,
2006) ....................................................................................................... 44 - 46
NEW BUSINESS:
13. Approve Change Order No. 3 to the 2006 Street
Improvement Project No. ST. 2006 — 1 ............................................................. 47 - 50
14. Reinstate the 2005-2006 Rental License for
6571 Channel Road;
and
Approve Application for a 2006-2007 Rental
License for 6571 Channel Road (Ward 2) ......................................................... 51
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 4, 2006 PAGE 4
NEW BUSINESS (CONTINUED):
15. Receive Bids and Award Contract for the
Construction of Two Rescue Trucks for the
City of Fridley Fire Department .......................................................................... 52 - 54
16. Preliminary Plat Extension Request,
P.S. #05-02, by Family Lifestyle
Development Corporation, Generally
Located at 1314 Mississippi Street,
1340 Mississippi Street, 6421 Central
Avenue and 6461 Central Avenue
(Ward 2) ....................................................................................................... 55 - 56
17. Informal Status Reports ..................................................................................... 57
ADJOURN.
CITY OF COUNCIL MEETING
CITY OF FRIDLEY
NOVEMBER 13, 2006
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 Billings
Councilmember Wolfe
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
Layne Otteson, Assistant Public Works Director
Don Abbott, Public Safety Director
Richard Pribyl, Finance Director/Treasurer
BOARD OF CANVASS
Receive and Certify the Statement of Canvass From the General Election of November 7,
2006.
Deb Skogen, City Clerk, stated the general election was held to select candidates for the officers
of councilmembers for Wards 1, 2, and 3 and to determine the outcome of the utility rates
increase question. State law states City Council must canvass the results within seven days of
the election, and there is a seven-day contact period if someone chooses to request a recount.
There is not a recount required because there were no losing candidates that lost by less than
one-half of 1 percent. There were a total number of 15,559 registered voters at 7 a.m. on
Election Day and 1,165 Election Day registrants for a total of 16,724 registered voters. Of that
number, 10,664 registered voters cast a ballot in the City, giving the City a voter turnout of 64
percent which is about 10 percent lower than our other general election turnouts.
Ms. Skogen stated on the canvass report it shows by precinct the number of ballots that were
cast in each precinct. The total number of votes cast for Councilmember Ward 1 for Del Jenkins
was a total 1,303 or 44.7 percent of the vote. For Jim Saefke it was 1,610 or 55.3 percent of the
vote, thereby declaring Jim Saefke the winner. The total number of votes cast for
Councilmember Ward 2, for polores M. Varichak, was 1,642 or 54.9 percent of the vote. The
total votes cast for Pam Reynolds was 1,348 or 45.1% of the vote. Thereby, Dolores Varichak
was the winner. In Ward 3, Ann Bolkcom received 1,507 votes or 58.7 percent of the vote. Al
Stahlberg received 1,061 votes or 41.3 percent. Thereby, Ann Bolkcom was the winner.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 2
Ms. Skogen stated the utility question failed because the City Charter requires 51 percent of the
votes cast at the election. It only received 48.14% of the votes needed.
Ms. Skogen stated also because there was a question about voter falloff, she did go back and
look at each individual rate to find out what the falloff was. For Councilmember Ward 1 there
was a 24 percent falloff, so 24 percent of the voters did not cast a vote for that office. For
Ward 2 it was 18 percent, for Ward 3 it was 17 percent, and for the ballot question there was
only a 4 percent voter falloff.
Councilmember Bolkcom asked how many blank votes were on the ballot question.
Ms. Skogen replied there were 468 blank ballots and 33 ballots where they voted "yes" and "no"
for an over-vote. Therefore, if you take the "no," the blanks, and the over-votes it would be
5,530 so it received 51.8 percent.
MOTION by Councilmember Barnette accepting and certifying the results of the election on
November 7, 2006. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PRESENTATION GIVEN BY SERGEANT JIM MORK ABOUT THE CITIZENS
POLICE ACADEMY.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of October 23, 2006
APPROVED.
OLD BUSINESS:
1. Second Reading of an Ordinance Amending Chapter 6, Commissions, of the Fridley
City Code Providing for Substitute Members on the Appeals Commission.
William Burns, City Manager, stated this amendment will allow commission members to fill in
for Appeals Commission members when there would not be a quorum. This helps staff to meet
the State's 60-day action requirement on appeals issues. Staff recommends approval of the
second and final reading of this ordinance.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 3
2. Second Reading of an Ordinance of the City of Fridley Amending Chapter 11 of the
Fridley City Code by Adding a Section Requiring Compliance With All Ordinances
and Laws of the City as Well as the Payment of all Outstanding Fees or Charges
Due the City Prior to the Issuance of Any License.
William Burns, City Manager, stated this ordinance will allow the City to withhold permits and
licenses, including building permits and other permits and licenses governed by State law, where
the applicant is found to be delinquent in payment of City fees. The amendment would allow the
Fire Department to withhold rental licenses in cases where the property owner is delinquent in
paying utility bills. Staff recommends Council's approval.
WAIVED THE READING OF THIS ORDINANCE AND ADOPTED ORDINANCE NO.
1235 ON SECOND READING AND ORDERED PUBLICATION.
3. Second Reading of an Ordinance Amending Chapter 114 of the Fridley City Code
Pertaining to Abandoned Junk or Unsafe Motor Vehicles.
and
Adopt Official Title and Summary Ordinance.
William Burns, City Manager, stated this amendment is to bring the City Code into compliance
with State law and current practices used in the removal of junked vehicles. It includes the
elimination of references to a City code enforcement officer as we no longer have one per se.
The ordinance also revises statute references and eliminates the current requirement that we
auction towed vehicles that are not reclaimed. Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
4. Receive the Minutes From the Planning Commission Meeting of October 18, 2006.
RECEIVED.
5. Receive the Minutes From the Planning Commission Meeting of November 1, 2006.
RECEIVED.
6. Approve Extension of a Special Use Permit, SP #05-04, to Allow a
Telecommunications Facility at 8290 Main Street (Ward 3).
William Burns, City Manager, stated Sprint has asked for the extension in order to buy
additional time to meet stipulated grading and drainage requirements. Staff recommends
Council's approval.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 4
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
7. Special Use Permit Request, SP #06-09, by Amtech Lighting Services for Croix Oil
Company for an Electronic Changeable Sign at 6485 East River Road N.E.
(Ward 3)
William Burns, City Manager, stated when the filling station at this location was changed from
Spur to BP, Croix Oil Company replaced their 80-square foot freestanding sign. Although they
acquired a sign permit, they did not acquire a special use permit for their electronic changeable
sign. That problem was identified, the City worked with them, and since then they have applied
for the permit that is before Council tonight. Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
8. Special Use Permit Request, SP #06-10, by Amtech Lighting Services for Holiday
Station Stores, for an Electronic Changeable Sign at 5695 Hackmann Avenue N.E.
(Ward 2).
William Burns, City Manager, stated this would allow an electronic changeable gas pricing
section on an existing pylon sign. Staff recommends Council's approval.
APPROVED.
9. Resolution Approving a Plat, P.S. #05-08, Gateway West 2"d Addition, by Blue Print
Homes, for the Purpose of Creating Nine Single Family Lots, Generally Located
Between 57t'' Place ad 59t'' Avenue and 3rd Street and University Avenue N.E.
(Ward 3).
William Burns, City Manager, stated the preliminary plat for the entire Gateway West Project
was approved by Council in November last year. They subsequently discovered title problems
for a property south of 59th Avenue and proceeded to divide the plat into north and south
subdivisions. The title problems have been addressed and the City is awaiting approval of the
corrections by the Anoka County surveyor. Staff recommends Council's approval.
Dr. Burns stated Council's approval of the final plat and completion of the surveyor's work will
enable the HRA to convey the lots in this section to Blue Print Homes, the developer for
Gateway West, by the end of 2006.
ADOPTED RESOLUTION NO. 2006-76.
10. Resolution to Vacate Portions of 3rd Street, 57t'' Place, and 57 �/z Avenue, Generally
Located Between 2 �/z Street and University Avenue, in Order to Accommodate the
Gateway West Redevelopment Project (Vacation Request, SAV #06-02, by the City
of Fridley Housing and Redevelopment Authority) (Ward 3).
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 5
William Burns, City Manager, stated the vacated property includes drainage and utility
easements and small pieces of easements that remain in portions of 57 '/z Avenue. These street
segments were vacated several years ago. This land is being vacated to accommodate the
creation of the new residential lots in Gateway West 2"d Addition. The Planning Commission
reviewed the street vacation request at their October 18 meeting and recommend approval. Staff
recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
11. Resolution Ordering the Preliminary Plans, Specifications, and Feasibility Report
on the Matter of Construction of Certain Improvements: Neighborhood Street
Improvement Project No. ST. 2007 — 1.
William Burns, City Manager, stated this action clears an oversight that occurred in June
concurrent with Council's approval of a contract with SEH to perform these services. Staff
recommends Council's approval.
ADOPTED RESOLUTION NO. 2006-78.
12. Resolution Receiving the Preliminary Plans, Specifications, and Feasibility Report
and Calling for Public Hearing on the Matter of Construction of Certain
Improvements: Neighborhood Street Improvement Project No. ST. 2007 —1.
William Burns, City Manager, stated the plans, specifications, and feasibility report are for a
project that encompasses 3.7 miles of neighborhood streets in two neighborhoods and also
encompasses the southwest half of Melody Manner and an area southwest of Fridley High
School. Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
13. Resolution Authorizing Changes in Appropriations for the 2006 Budget for
September through October 2006
William Burns, City Manager, said the changes for the most part represent revenues and
expenditures associated with various grants and donations. There is, however, one revenue
adjustment associated with the incorrect posting and market value homestead credit assistance to
the Springbrook Nature Center. Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
14. Approve 2006-2007 City of Fridley Snow Removal Operations Policies and
Procedures.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 6
William Burns, City Manager, stated the policies and procedures provide an overview of the
equipment, responsibilities, plowing and sanding policies, districts, emergency procedures and
other responsibilities. There are no significant changes. Staff recommends Council's approval.
APPROVED.
15. Receive Bids and Award Contract for the Construction of Two Rescue Trucks for
the City of Fridley Fire Department.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
16. Appointment to the Fridley Housing and Redevelopment Authority.
William Burns, City Manager, stated the City Council recommends the appointment of Steven
Billings to the vacancy on the Fridley Housing and Redevelopment Authority. The term expires
on June 9, 2010.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
17. Claims (129042 — 129239).
APPROVED.
18. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
19. Estimates.
APPROVED THE FOLLOWING ESTIMATES:
Shank Construction
3501 — 85th Avenue North
Brooklyn Park, MN 55443
Fridley Commons Park Water
Treatment Plant Upgrade
FINAL ESTIMATE .........................$ 5,000.00
Midwest Asphalt
5929 Baker Road, Suite 420
Minnetonka, MN 55345
Mill and Overlay 2006 — 2
Estimate No. 1$ 184.903,24
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 7
Midwest Asphalt
5929 Baker Road, Suite 420
Minnetonka, MN 55345
3rd Street Project 2006 - 3
Estimate No. 1 ....................................$ 22,093.96
Greystone Construction Company
500 S Marshall Road, Suite 300
Shakopee, MN 55379
Salt and Sand Storage Building
Estimate No. 1 ....................................$ 42,731.95
Park Construction, Inc.
500 — 73rd Avenue N.E., Suite 123
Fridley, MN 55432
Street Improvement Proj ect No. ST. 2006 - 1
Estimate No. 7 ....................................$ 139,658.45
Concrete Idea, Inc.
13961 — 44th Lane N.E.
St. Michael, MN 55376
2006 Miscellaneous Concrete
Repair Project No. 365
Estimate No. 5 ....................................$ 25,725.85
MOTION by Councilmember Barnette to approve the consent agenda as presented with the
removal of Items 1, 3, 6, 7, 10, 12, 13, 15 and 16. Seconded by Councilmember Wolfe.
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 Items 1, 3, 6,
7, 10, 12, 13, 15 and 16 from the consent agenda. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORM (VISITORS):
Pam Reynolds, 1241 Norton Avenue, asked if the City was going to continue to participate in
the Livable Communities Act. She also asked if dates had been set to review and revise the
Comprehensive Plan.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 8
Scott Hickok, Community Development Director, stated staff will have a calendar for Council
to review and dates will be determined based on availability for meetings. They do have a
calendar outlined between now and December 31, 2008, when the Comprehensive Plan needs to
be approved, and they have a range of time when the public meetings will be held. The meetings
will be publicized.
Mr. Hickok stated as clarification, Ms. Reynolds talks about needing to re-up annually with the
Metropolitan Council to stay involved with the Livable Communities Act. That is not a
requirement anymore and has not been for the last several years. Instead, what the Met Council
has asked cities to do is to opt out of it.
Councilmember Barnette asked how many cities participate in the Livable Communities Act.
Ms. Reynolds replied 107 in the seven-county metro area.
Councilmember Bolkcom said the last time they held meetings on the Comprehensive Plan,
there was very poor participation. Individual invitations were sent out in different areas of the
city, and probably 1 percent of the community participated.
Mr. Hickok said this year, they are trying to schedule as many meetings as possible.
12. Resolution Receiving the Preliminary Plans, Specifications, and Feasibility Report
and Calling for Public Hearing on the Matter of Construction of Certain
Improvements: Neighborhood Street Improvement Project No. ST. 2007 —1.
Councilmember Bolkcom asked for a summary of the meeting and asked if staff could
summarize what they have learned in the last couple of years and what kind of things they were
doing differently.
Layne Otteson, Assistant Public Works Director, stated they had a neighborhood meeting and
65 residents attended. It lasted about 1'/z hours. Topics ranged from assessments, construction
practices, access issues, and communication with residents. The meeting was an opportunity for
them to meet with the residents, hear their concerns, and address their concerns. It also helps
them through the design process to deliver a better project.
Mr. Otteson stated with respect to the sod issue, they looked at what some of the issues were
over the last couple of years. What they learned is that oftentimes the soil that is put down for
the sod is not the greatest soil. It does meet specifications, so if they want to put down a better
top soil, they are going to have to change the specifications. It will add costs to the proj ect.
Watering the sod is also important. The contractor is required to water it for 30 days and
maintain it. After that, the residents need to assist in watering and help maintain it. They will
need to communicate better with the residents.
Councilmember Bolkcom said one other question that has seemed to come up in the last two
years is where driveway cuts are going to be.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 9
Mr. Otteson replied when they line the driveway curb cuts up, they look at the existing
driveway and those edges define where those curb cuts are going to be. The problem they
generally run into is elevation issues. They try to put the curb lines real close to where they
were. Oftentimes their design perimeters lead them down a path where to improve the drainage,
they have to make more elevation adjustments. They do talk to homeowners about any issues.
Councilmember Barnette stated over the past two projects the City has done, they have offered
participation from the City on the driveways, for funding, etc. He asked if they would be doing
that on the ne� proj ect.
Mr. Otteson said that is correct. They are going to discontinue that. It has involved a lot of
staff time in the past.
Councilmember Barnette asked if that was brought up at the meeting.
Mr. Otteson replied, yes it was. They discussed it with those present at the meeting and let
them know that the City would not be doing that.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2006-79. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
7. Special Use Permit Request, SP #06-09, by Amtech Lighting Services for Croix Oil
Company for an Electronic Changeable Sign at 6485 East River Road N.E. (Ward
3)
Councilmember Bolkcom asked what happened with this special use permit request.
Mr. Hickok replied petitioner did not realize they would need a separate special use permit for
the electronic reader board portion of the sign. They made an application for a sign permit, it
came in and was reviewed. It was reviewed and made it through the process without recognition
that a piece of it was going to be an electronic reader board. After that was recognized, staff
contacted the petitioner who contacted Amtech, and the petitioner got the information that was
necessary to start the special use permit process. They did what was necessary on the sign itself,
and it was not their fault the sign was installed without a special use permit on the electronic
reader board. It was an error made by staff which is being rectified through this process this
evening.
MOTION by Councilmember Bolkcom to approve Special Use Permit Request, SP #06-09, by
Amtech Lighting Services, with following three stipulations:
1. Petitioner shall obtain sign permit and current sign erector license prior to installing any
signage on site.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 10
2. Message on L.E.D. section of sign cannot change more often than allowed by City Code.
3. Message on L.E.D. section of sign can never flash or have motion that may distract
vehicular traffic in area.
Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING:
20. Consideration of an Intoxicating Liquor License for Baggan's Pub, 3720 East River
Road N.E. (Ward 3).
MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 8:23 P.M.
Richard Pribyl, Finance Director, stated as people will recall this is the old Sha� location. The
building has been acquired by William Bisek of JWBB Incorporated, d/b/a Baggan's Pub. The
business will operate as a restaurant on one side and as the Oops Dinner Theater and Banquet
Center on the other side. The Police Department has reviewed the request and provided Council
an outline of the findings as a result of the background investigation. Staff felt these findings did
not provide a basis on which to deny the license request. Staff has provided a copy of the City
ordinance that provides the guidelines that go along with the license to Mr. Bisek The notice of
public hearing was published in the Sun-Focus on October 26. Staff became aware today of a
significant number of deficiencies related to the building that have been identified by the Anoka
County Health Department and the City of Fridley Mechanical Building Inspector. Staff
recommends that the final approval for the license be presented to Council only after satisfactory
completion of those items outlined in the November 2 letter from the Anoka County Health
Department and also to be signed off by the City's Building Mechanical Inspector.
MOTION by Councilmember Bolkcom to receive a copy of four-page letter dated November 2,
2006, addressed to William Bisek, faxed to the City from the Anoka County Community Health
and Environmental Services Department. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Councilmember Bolkcom asked Mr. Pribyl to summarize the letter.
Mr. Pribyl replied this is a letter that actually went to our Building Inspector from the
Community Health and Environmental Services Department for Anoka County. It stated that a
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 11
number of corrections had to be taken care of prior to any food and beverage license being issued
through Anoka County. Different areas that needed to be taken care of were identified in the
letter.
Councilmember Bolkcom asked if Venetian Inn had a catering license from Anoka County.
Mr. Pribyl stated he did not know for sure, but has heard that they are operating there.
Councilmember Bolkcom asked what types of things would prevent Mr. Bisek from receiving a
liquor license.
Don Abbott, Public Safety Director, replied under City ordinance and also State statute, there
are certain specific conditions that would make a person ineligible for a liquor license, and there
is a background investigation of a licensee to determine if any of those conditions are present.
They did find some violations and included them in their memorandum.
Councilmember Bolkcom asked if the license was granted, would it come back in April.
Mr. Pribyl stated in April they would actually see that as a renewal.
Councilmember Bolkcom asked has Mr. Bisek been told about the food-to-alcohol ratio.
Mr. Pribyl replied, yes, he is.
Councilmember Bolkcom asked Mr. Bisek about the catering and for an update.
William Bisek, JWBB, Inc., stated they have been in the process for the last six weeks of a
pretty extensive remodel of the facility. In the process, they have uncovered many discrepancies
with the building. Because of the time frame for the Oops Theater Company which is right now
coming into their busiest part of the season, they have been concentrating on the part of the
building which used to be the old nightclub side to get it remodeled into a dinner theater setting.
They have also been working with the Anoka County Health Department and have remodeled a
portion of the kitchen to their specifications so that it can be used as a staging area for the food
and beverage service during the performances until they get the entire building up to code.
Councilmember Bolkcom asked if they are bringing food in.
Mr. Bisek replied, yes, it is being catered by Joe Vitale with the Venetian Inn out of Roseville.
Councilmember Bolkcom asked if there is a current catering license.
Mr. Bisek replied yes. He has one posted at the facility.
Councilmember Bolkcom asked if there was a catering plan.
Mr. Bisek replied, yes.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 12
Councilmember Bolkcom asked Mr. Bisek if he was aware of all the items contained in the
letter. She asked when he thought they would be completed.
Mr. Bisek stated, hopefully, within a couple of weeks. They have gotten a lot done.
Councilmember Bolkcom asked if he had met with the building inspector and fire inspector.
Mr. Bisek said he has been working closely with them.
Councilmember Bolkcom asked if he stilled owned Kelly's Corner in Centerville.
Mr. Bisek replied, no, he sold that in May.
Councilmember Bolkcom asked if that establishment was something similar to what he is going
to have.
Mr. Bisek replied Kelly's was a catchall. The average age of the customer could be 6 months to
96 years, and it was a small town, family-style restaurant/sports bar with volleyball courts. It
was pretty much the gathering place for Centerville.
Councilmember Bolkcom asked what age group he wanted to attract here.
Mr. Bisek replied the demographics for the theater and for the sports bar also is going to be in
the 25 to 50 range.
Councilmember Bolkcom stated the last establishment that was there had a lot of issues. A lot
of police time was spent there. She asked how he planned to handle any crowds. She the
memorandum from Mr. Pribyl indicated that there were some issues related to the sale of tobacco
and alcohol to minors by people who worked for Mr. Bisek She said that would not be
tolerated.
Mr. Bisek replied all his staff in the past and in the future will be required to take an alcohol
awareness class that is offered by the hospitality industry. It is very extensive and very
knowledgeable. He does not know if the City of Fridley recognizes that class as acceptable. The
employees are also required to take a refresher class. If an employee fails a compliance check,
their job is immediately terminated. They do take it seriously and will continue to take it
seriously. He does not anticipate any problems whatsoever with the compliance with the State.
Councilmember Bolkcom asked if he was aware of the 60/40 food to alcohol ratio.
Mr. Bisek said he was aware of that and did not feel there would be an issue.
Councilmember Bolkcom asked him if he plans on staying open until2 a.m.
Mr. Bisek replied, yes.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 13
Councilmember Bolkcom asked if there are intoxicating beverages being served right now on
the theater side.
Mr. Bisek replied, through Joe Vitale's catering license. The State offers caterers who have a
liquor license at an establishment to purchase a caterer's liquor license where they can then bring
in alcoholic beverages to sell at a different site.
William Burns, City Manager, stated the City has had significant problems with illegal outdoor
storage of tractor-trailers. He also asked what they would be doing about the parking lot.
Mr. Bisek stated because of the time of the year, it is just not feasible to do the repairs to the
parking lot. For the time being they used some reclaimed asphalt and filled all the bad potholes
until spring when they can repair the driveway properly.
Dr. Burns asked if the tractor-trailers are gone for good.
Mr. Bisek replied, yes. The previous owner had rented the parking lot to the trucking company
across the street. They have been gone a few weeks.
Councilmember Billings stated currently the Vitales are catering in the establishment. He asked
if they will be taking over the kitchen operation on-site or if they will continue to cater?
Mr. Bisek said they do not know for sure.
Councilmember Billings asked if he was purchasing the building or leasing the building.
Mr. Bisek said he bought the building and the property.
Councilmember Billings asked if there were multiple participants in the company.
Mr. Bisek replied, no, just himself.
Councilmember Billings asked if he had purchased the building from Mr. DeFoe.
Mr. Bisek replied, yes.
Councilmember Billings stated he assumed he was acquainted with Mr. DeFoe since his
operation and Mr. Bisek's Centerville operation were just a few blocks apart.
Mr. Bisek replied, yes.
Councilmember Billings commented he has been a customer at Kelly's Inn and it did appear to
be a well-run operation. However, the after-hour sale does concern him.
Mr. Bisek asked to let him address that tonight. They had two serving after-hour violations.
One was probably three or four years ago. The two people in the building were an employee of
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 14
his and the other one her boyfriend. He was sitting there waiting for her to cleanup so they could
leave. He always encourages having a male with his female bartenders leave at that time of the
night for safety reasons. He had not finished his beer and it was still sitting on the bar when the
Police Department came in. He is not making any excuses. It was wrong. A year ago, they got
a serving after hours that was not a serving after hours. It was at 1:09 a.m. and he had a 2 a.m.
liquor license. The Police Department came in and said that they wrote the two bartenders a
ticket for serving after hours. He was made aware of that the following morning. He reviewed
the security tapes to make sure. He talked with the Centerville Police Chief and explained the
problem. The case was subsequently discharged. Serving after hours is something he does not
condone and he will not tolerate. He does use security tapes, and does watch for that type of
thing. He said he can guarantee them there will not be a serving after hours violation.
Councilmember Billings stated they have established he is buying the building and the real
estate, the parking lot, through his limited liability building and he is turning around and leasing
the southern portion to a corporation that will be the operator of the sports bar.
Mr. Bisek replied Baggan's Pub.
Councilmember Billings asked if there was more than one principal in that corporation.
Mr. Bisek replied, no.
Councilmember Billings asked who he was leasing the northern portion to.
Mr. Bisek replied Joe Vitale and Oops Theater.
Councilmember Billings asked if Oops Theater was a partnership.
Mr. Bisek said it will be a three-way lease.
Councilmember Billings asked what part he will have in that particular space.
Mr. Bisek replied he will be doing the beverage service.
Councilmember Billings asked so it will be a lease between his corporation or with him
personally.
Mr. Bisek replied with his corporation, with Oops Theater, and with Joe Vitale.
Councilmember Billings asked if Mr. Vitale will be providing the food for the theater and who
will be providing the food for the sports bar.
Mr. Bisek stated he will be doing the food service for the sports bar.
Councilmember Billings said his corporation is going to be providing the food for the sports
bar.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 15
Mr. Bisek replied, correct.
Councilmember Billings asked then the Vitales will be providing the food for a separate
operation that is the dinner theater.
Mr. Bisek replied, yes.
Councilmember Billings stated he is not sure the food sales in the theater will count towards the
food sales necessary to make the 60/40 requirements in the bar operation because they appear to
be two separate operations.
Mr. Bisek replied he anticipates no problems reaching the 60/40 percent in the sports bar.
Councilmember Billings said he just thought this was something he should seriously consider.
The other concern he has is that the City's ordinance spells out where the liquor establishment is
and where the service area for that liquor establishment is. He asked if there was a problem with
the liquor service area since the theater management is different from the bar. He said he was
wondering if Mr. Bisek is getting himself into a leasing quagmire where they have problems with
not being able to service the liquor in one area. He asked if the City ordinance spells out the
areas of liquor service and, since the dinner theater is being leased to entities other than the on-
sale liquor establishment itself, if there would be any problems.
Director Abbott stated his interpretation he believed based on our ordinance is in this particular
instance, once the license is granted for the premise (and certainly they have had a history of
reviewing the entire premise) that would include both sides of that building occurring under Mr.
Bisek's license.
Councilmember Billings so the ordinance does not then spell out certain square footage, it
would be the entire footprint of the building?
Director Abbott replied as part of the licensing process, the City does require information
concerning where in the premise they plan on selling their alcohol. He believed the language
regarding the entire premise is in any structure adjacent to, connected to, or attached to the
original licensed premise. Basically, that would prevent those circumstances where somebody
would take a property, perhaps put a glass window wall down the center of it and say one side is
for alcohol, the other side is for other activities that would not be allowed in the alcohol
establishments and basically split the premise into the two separate premises.
Councilmember Billings asked Mr. Bisek if he was purchasing this property on a contract for
deed. He wanted to make sure Mr. DeFoe did not have a financial interest in this operation.
Mr. Bisek assured them that Mr. DeFoe doe not have any interest whatsoever. He is working
with a mortgage company right now to attempt to finance it. If for some reason that falls apart,
Mr. DeFoe has agreed to carry a contract for deed with a substantial down payment and a balloon
in three years.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 16
Councilmember Billings so then his only financial involvement would be that as a fee owner of
the property and, therefore, a contract holder.
Mr. Bisek replied, correct.
Councilmember Billings stated he would not be participating in any split share of the revenues,
only those proceeds that are necessary to fulfill the requirements of the contract for deed for
purchase.
Mr. Bisek replied, correct.
Councilmember Barnette asked with the many difficulties that they had with the previous
establishment, especially after hours in the parking lot, he asked if the City had any regulations
regarding outdoor cameras to survey the parking lot. He asked if Mr. Bisek was going to have
cameras in the parking lot.
Mr. Bisek replied said he did intend on having cameras for the outside.
Councilmember Barnette asked if City ordinance required that at liquor establishments.
Director Abbott said there was no requirement. It is a recommendation they make.
Councilmember Bolkcom stated she was going to recommend that the public hearing be
continued until their December 4 meeting to allow him time to work on the issues that have been
brought up.
Mayor Lund stated he also has just a slight reservation regarding the food license.
Mr. Bisek stated they did have the Health Department come out about two and a half weeks ago
and do their pre-inspection. The facility has been neglected quite a bit but it can be brought back
up to Code and become a valuable business for the City of Fridley.
Councilmember Billings stated our ordinance says that the City can issue on-sale liquor licenses
to bowling alleys and to restaurants. A definition of a restaurant is an operation under the control
of a single operator that has cooking facilities and regularly sells food. So Mr. Bisek may want
to take a close look at the City's definitions and make sure that his lease agreements are not
going to put him in conflict with any City ordinances. He asked Attorney Knaak if it would be
appropriate for Mr. Bisek's attorney to confer with him. He asked how that worked.
Attorney Knaak replied the City has always been willing to answer questions as they relate to
code issues on the part of applicants. Unless instructed otherwise, if he were called, he could
address some of these issues.
Mr. Bisek replied he will be meeting with his attorney tomorrow morning, and he will mention
that to him. He is in the process of wrapping up all the contracts right now.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 17
Councilmember Bolkcom asked City staff and the City Attorney to look into the points brought
up regarding the 60/40 ratio.
MOTION by Councilmember Bolkcom to continue the public hearing on the consideration of an
Intoxicating Liquor License for Baggan's Pub, 3720 East River Road N.E. until December 4,
2006. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
21. Consideration of Neighborhood Street Improvement Project No. ST. 2007-1.
MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 9:08 P.M.
Mr. Otteson stated this is the annual street reconstruction project. He said they were doing this
proj ect for several reasons. It is part of our annual street reconstruction proj ect program. They
are seeing increasing costs and maintenance and repairs with the age of the streets. They are
putting an emphasis on streets without concrete curb and gutter. They perform an annual
condition rating which provides an indication of where the streets are that need attention the
soonest. They group streets into project areas based on the ratings and the bituminous curb in the
areas. They will also be using the excess materials from this project to improve the softball
fields at Community Park They are going to replace the existing streets with a new aggregate
base and pavement surface. They will replace the existing bituminous curb with new concrete
curb and gutter. They will upgrade and repair miscellaneous utilities such as hydrants, sections
of water mains, sections of sanitary sewer, storm sewer inlets, and piping. As they move along
on the street area, they will restore the boulevards with sod and landscaping. They also replace
private water sewer services. They have also regraded the softball fields.
Mr. Otteson stated the location of the street work falls into two areas. The one area is south of
the hospital, including the streets of Lyric, Temple, Melody, Concerto, Memory, and Ballet
Boulevard. The other area includes streets from 63rd Avenue on the north edge all the way down
to the I-694 service drive and the streets in between.
Mr. Otteson stated the Community Park softball field will be lifted up about two feet at home
plate and then tapered out to the outfield to match the existing fence line. The material that they
will be using will be coming from the excess on the street work They will also be upgrading the
fence, electrical, and sprinklers, and there will be other miscellaneous work that will be needed
as they go through the design process. They will be working on Fields 1 and 2 on the north side.
The project schedule is approximate. They are going to open bids in March, 2007, and
construction will begin in May, 2007. Construction will be completed in approximately October
2007. The public hearing to set the assessments will also take place in October, and the
assessments will begin in January, 2008, on the property tax roll.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 18
Mr. Otteson stated every project brings up issues and some of these construction issues are
project communication with residents. They are going to continue to work on that. Staff
understands that it is important to communicate with residents and work with them on any
problems.
Mr. Otteson stated the residential assessment policy is based on the length of the adjusted front
footage which is measured across the property a distance of 35 feet from the front property line
and that is on the address side. All work associated with installation of concrete curb is assessed.
If concrete curb already exists on the address side of the property, there will be no assessments to
the property. Assessment costs will be no more than $25 per front foot. There are three options
for payment:
(1) Pay a lump sum within 30 days of the assessment hearing after the
construction,
(2) Add it to your property taxes that are paid over 10 years with an interest
rate of approximately 7 percent. That interest rate is set each year, and it
may change.
(3) Senior citizens meeting certain criteria may request to have the assessment
deferred until the future sale of the property. Interest does accrue until the
sale.
Mr. Otteson stated if a resident would like to know what the assessment would be per year, they
could call and they could break it down for them. Their opinion of probable cost breaks down
into six different items. The first item is streets: $2,990,000; sanitary sewer, $100,000; storm
sewer, $130,000; water main work, $210,000; Community Park, $280,000; natural gas removal,
$90,000. The grand total is $3,800,000. They will be reimbursed by Center Pointe Energy for
the natural gas removal.
Mr. Otteson stated the funding sources for this project also comes from various funds. The first
funding source is Minnesota State Aid. They get $325,000 as a project. Special assessments:
$650,000 — those would be the assessments for the curb from the property owners. Sanitary fund
will pay for the sanitary work at $100,000; storm water fund, $130,000; street fund, $2,385,000;
water fund, $210,000; and a grand total of all those funding sources is $3,800,000.
Councilmember Barnette said Fridley gives a pretty good deal. A reminder that residents are
only paying for curb and gutter. Money has been set aside over the years by councils for these
proj ects. He believes they have two years left on proj ects to hopefully complete all of the streets
for the City of Fridley so they will have concrete curb and gutter.
Councilmember Wolfe stated the town of Spicer did a road project and those people were
assessed on the average $18,000 to $22,000 for the road project in front of their house. The local
newspaper stated a lot of people were moving out of Spicer because of that. Fridley has done an
incredible j ob at keeping the costs down.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 19
Councilmember Bolkcom asked about whether the gas lines are the first thing that happens?
Mr. Otteson stated that is correct.
Councilmember Bolkcom asked if they will have a construction blog on the website.
Mr. Otteson replied, yes, they would. They had a blog this summer and it turned out to be
successful, so they will continue to do that.
Jerry Radcliffe, 7350 Memory Lane, stated a lot people in his neighborhood are worrying about
how they are going to get out. He asked them to talk to the residents about that.
Mayor Lund replied it definitely will be an inconvenience to some extent because the road will
be gravel but they are still passable. He asked Mr. Otteson if there is a time when residents will
not be able to access their homes and may have to park at the end of the block.
Mr. Otteson replied there are some times when it will be inconvenient. When someone needs to
get their vehicle in or out, such as in a handicapped situation, they can talk to the contractor.
When they are digging in front of driveways, there is probably a couple of hours where it will
not be accessible. When they are doing the paving and the curb work, they can work around that
a little bit. If someone really needs to get out for whatever reason, they will get them out. It may
take a couple of minutes, but that contractor will mobilize immediately.
Councilmember Bolkcom said to make sure they give their address to Mr. Otteson if they have
special considerations.
Mr. Otteson said they really do try to put a lot of emphasis into project updates and newsletters.
He strongly encouraged residents to keep calling him.
Joanne Zmuda, 6051 Fourth Street NE, said she did attend the neighborhood meeting they had
and has watched the Council meetings where other people have voiced their opinions on other
projects. She also has heard from a few members of the Fridley Concerned Citizens who lived in
the area of the 2006 project. Some of them, this is in the minority, stated the crew from Park
Construction were arrogant and rude. She does not know whether rebar at the end of the
driveway is part of the contract but she knows a couple of them said that there was no rebar at
the end of the driveway which is going to be a problem as time goes on. She realizes that
improving our streets and our infrastructure is really important and the cost of the projects really
puts a huge financial burden on some of citizens who are on limited and shrinking incomes. She
is aware that there are three financial plans in place to help citizens pay for their costs, but unless
you pay the costs right away the two remaining plans are not very attractive. Interest will be
accruing over ten years or until the property is sold, and that can get to be very expensive. She
said that when the bid was let for the 2006 contract, Park Construction was awarded the contract
even though they were not the low bidder. She remembered that they were given the contract
because they had a good relationship with the City. A good relationship with the City is not good
enough when she pays for part of the cost. The lowest bid is what she wants if it is given by a
reliable company. She hopes Council will keep this in mind when they award the 2007 contract.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 20
Mayor Lund asked said he thought they would not routinely do something other than award it to
the lowest bidder, unless there was good cause.
Mr. Otteson stated Park Construction was the low bidder on the project, and they were awarded
the project as the City is required to do. If they do not do that, they can expect a lawsuit. He
said with respect to the rebar at the end of the driveway, there are two ways you can do a
driveway. You can go with a thinner thickness of concrete and put rebar in which is real
expensive or you can use a wire mesh. The other option is to go thicker and bypass steel which
oftentimes ends up at the bottom of concrete. Oftentimes they have pulled up concrete that had
steel in it, and the wire mesh is on the very bottom of the concrete. They elected to go thicker
and have had very good results over the last five years. They do have panels that crack because
concrete just cracks randomly, and they do the best they can with control joints. Putting rebar at
the end of a driveway with the 6-inch concrete would only work if they spent quite a bit of
money, and it costs a lot of money, to put what is called chairs to keep the rebar up into the
concrete. They do not see the benefit in that.
Mr. Otteson stated regarding poor workmanship and arrogance, every project we have there are
always issues--whether it is concrete or sod. Those are things that they talk to the contractor
about. They hope to hear from resident about any problems. A list is prepared and given to the
contractor. If the contractor does not correct the problem, the punch list does not get completed
and they do not receive final payment. There are some built-in protection items to ensure we get
better workmanship and just get a better project, and it is not closed out until they are satisfied.
Councilmember Wolfe said he thought there was a time when they did not award a contract to
the lowest bidder.
Mr. Otteson stated when Park was awarded the contract, they had a few contracts with them
over the years and the proj ects were closed out appropriately and there were no lawsuits, no
issues, things were fine. Their work was acceptable. What he thinks the Council was referring
to was miscellaneous concrete where they replaced concrete panels on the street, sidewalks, and
curbs throughout the City. They had to really work with the contractor.
MOTION by Councilmember Bolkcom to continue the public hearing related to Neighborhood
Street Improvement Project No. ST. 2007-1 until December 4, 2006. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING
MOTION CARRIED UNANIMOUSLY
CONTINUED AT 9:42 P.M.
NEW BUSINESS:
AYE, MAYOR LUND DECLARED THE
AND THE PUBLIC HEARING WAS
22. First Reading of an Ordinance of the City of Fridley, Minnesota, Repealing
Ordinance No. 1095, an Ordinance that Adopted the Prevailing Hours of Labor and
Prevailing Wage Within the City of Fridley on Certain Projects on or with the City,
and any Rules and Regulations Promulgated Thereunder.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 21
Councilmember Wolfe stated part of the reason he brought this up was because he has been
listening to Dr. Burns and Council about how many different ways the City's budget has been
cut by the State. Since he has brought this up, he has understood for any project that is partially
funded by the state or the federal government the City needs to pay prevailing wages. A couple
of years ago, they had a bid for 201ight posts to be painted and it was going to be $54,000. He
tabled the issue and priced it out as a contractor himself at the time. He would have profited
$47,000 in five days. His thought was, on these smaller projects that are not funded by the
government, can we truly open that to the small guy. Councilmember Barnette has commented
that it is killing the middle contractor if we get rid of prevailing wages. If he would have been
one of the small middle class contractors, he would have bid the job at a certain price and would
have been happy with it. He thought that on the smaller jobs, the City could actually shop.
People have said we need to run the City like a business. Sometimes they have to spend their
money as a homeowner would and not pay three or four times the price on something if we could
get it cheaper. If a company is willing to come in and bid a j ob for the City on a smaller proj ect
and they are insured, are a reputable business, and below the prevailing wage that the
government demands we pay, why not let them have those jobs.
Councilmember Barnette asked what is required of the City with regard to prevailing wage
ordinances.
Mr. Knaak replied the City is required to pay the prevailing wage on all projects that are done
with part state or federal funding. That would include, for example, any proj ects done on roads
where there are state funds involved. It will also permit the City to adopt its own ordinance for
prevailing wages in instances where that may not apply. It is a permissive kind of legislation that
cities are allowed to do, and this City adopted a resolution. This is not something the City is
required to do. He cannot tell them what percentage of contracts would be covered by this.
Most major Public Works projects the City would be involved with would have some form of
State aid associated with them and, in those cases, the prevailing wage would have to be paid
whether this ordinance was there or not.
Councilmember Barnette asked how the term "prevailing wage" was established.
Attorney Knaak replied that was established based on studies he believed done by the State of
Minnesota based on calculations as to what the averages are for certain kinds of employment or
trades.
Councilmember Wolfe stated it was his understanding that most of them are set by a union
scale.
Attorney Knaak replied technically they are adopted by the State, and the State reviews those
on a fairly regular basis. He said they may not necessarily be union scale.
Councilmember Billings asked Councilmember Wolfe in reference to a painting contract of
some semaphores and light fixtures, if he had employees at that time, approximately what would
he have been paying them per hour.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 22
Councilmember Wolfe replied, $25 an hour.
Councilmember Billings asked about how long ago that was.
Councilmember Wolfe said a few years ago, it was on an agenda, and he called MnDOT and
asked them what type of paint they used.
Councilmember Billings stated he assumed with the cost of living that he would be paying
employees about $27.50 per hour now.
Councilmember Wolfe replied, yes.
Councilmember Billings asked if he knew what the prevailing wage for a painter on highway
and heavy on the Department of Labor prevailing wage form is for Anoka County. In the
metropolitan area the prevailing wage happens to be fairly close to union scale because the
predominant amount of work is done by people who are members of the union. You get into
certain areas of out-state Minnesota and it is very different than union scale.
Councilmember Wolfe said he had no idea.
Councilmember Billings replied, $29.35. Not a whole lot of difference than the wage
Councilmember Wolfe is talking about. Councilmember Wolfe is talking about this project that
could have been done in a week, three employees, working 120 hours, even if the prevailing
wage was $20 an hour more than what he is talking about, he is talking $2,400 difference.
Councilmember Wolfe replied at $25 an hour or at the prevailing wage. Actually, $38 per hour
was the union wage on the homes he was doing. He would have bid it for the same amount of
hours, same amount of inen, and it would have been $2,000 less just for hours. That does not
include materials, that is just labor. Figuring in the cost of material and everything, he roughly
would have profited $47,000 on that job.
Councilmember Billings asked would he not agree that the predominant factor here is not the
amount of wage the contractor is paying to his employees but the amount of markup the
contractor is taking. So because you have a contractor who is taking that kind of markup,
assuming that was all profit, he thinks it should be laid at the feet of the people who are out there
doing the work, providing them with something less than a reasonable wage and, if they have
families, then what happens. The families end up with the County paying for social services or
you and I paying through our State taxes for medical benefits for them. You do not just go out
and put up a 12-foot ladder and do the painting. You have to block off the streets, and there are
OSHA requirements. There are other elements that are there.
Councilmember Wolfe replied, right. He would say most of the painters he worked with
probably made $15 an hour. He charged more because he worked on the higher end homes and
they were willing to pay it. He set the market for himself. It seems like everything the City
does, they pay more than it would cost in the free market. If there are projects that can be done
at a lower rate and someone wants to bid it that way, why should the City say no.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 23
Councilmember Billings asked Councilmember Wolfe if he has read the requirements for
prevailing wages in the City of Fridley.
Councilmember Wolfe replied he read most of them--the ones that Attorney Knaak sent him.
Councilmember Billings asked him if he read the ordinance itself.
Councilmember Wolfe replied, parts of it.
Councilmember Billings asked if there is a base dollar amount in that ordinance that says work
done for under this much does not need to be prevailing wage.
Councilmember Wolfe replied he did not get that far.
Councilmember Billings stated he does not have the ordinance in front of him, what he has is
the language to repeal it but it seems to him there is a base dollar amount in that ordinance that
establishes just what he is requesting. Those jobs that are small jobs, like painting a room, would
come in at a dollar value that would not require prevailing wage. He asked Attorney Knaak if he
had the ordinance available. Again he has no idea because he is not a painting contractor nor is
he familiar with OSHA requirements and stuff like that, but he believes there is more to it than
just the cost of the paint and the cost of the employee.
Councilmember Wolfe stated he thought he brought this up for discussion and this ordinance
that Dr. Burns wrote is not his wording.
Councilmember Billings asked if he wanted to get rid of prevailing wage.
Councilmember Wolfe replied, not totally. He knows we cannot. If we are going to run the
City like a business, maybe the City should be a little bit more frugal on that part. If our
numbers add up mathematically with the wage that we semi-agree with--$27.50 or $29--where
did the other $30,000 to $40,000 from.
Councilmember Billings replied he would assume there is a secretary and maybe a mechanic
keeping the trucks running, and there is the owner of the company.
Councilmember Wolfe stated which is where the small contractor comes in. He is not paying
the mechanic, etc. and he will do it for "this price."
Councilmember Billings stated what he is doing is attacking the people who are doing the work,
not the people who are making the big bucks.
Councilmember Wolfe stated he is kind of attacking the City for paying that.
Councilmember Bolkcom anyone can bid the project. She asked Dr. Burns what percentage is
paid for insurance, workers' compensation, etc.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 24
Dr. Burns replied, close to 30 percent.
Councilmember Bolkcom replied that is added cost to any contractor. She has a nephew who
works in the construction business. He needs to have insurance and they have to pay into social
security and workers' compensation. So she thinks that has to be taken into account. She stated
to Councilmember Wolfe that over the years she has never once heard him say that he wanted to
go back and rebid something because he thought it was outrageous other than a couple of times
he said it seems like it seems they are making a lot of money on this. Anyone can bid on most of
the bids that go out on the smaller proj ects. She said she knew he had checked on the signs and
things.
Councilmember Wolfe said he called about a boom truck, safety signs, sandblaster, priming,
and painting with the exact material they were using.
Councilmember Bolkcom stated most of their big projects are already under federal and state
prevailing wage.
Councilmember Wolfe said he was talking about the smaller jobs.
Councilmember Bolkcom asked how come some other painter did not snap up those projects.
She asked if he called a couple of his friends in the painting business.
Councilmember Wolfe replied one of them told him he would not work for a city. He said they
are hard to work for. He brought this up to try and save the City money and thought we should
take a closer look at this.
Councilmember Bolkcom asked Mr. Haukaas when these smaller projects come forward, he
basically knows approximately how much time it is going to take to do something and takes that
all into account. Since she has been on Council there have been times that if something comes in
outrageously higher than they thought it might be, they go back and ask for new bids or look at
the proj ect again.
Jon Haukaas, Public Works Director, stated especially on the small projects. They have a
general idea of what it should cost before they go out and request bids. If it is way out of line
from what they are expecting, they do ask for reasons. He said they have walked away from bids
in the past. In fact the signal painting project that Councilmember Wolfe is referring to, they did
not do because the bids were so much higher. If he remembers correctly, they did not even go to
the full advertisement for bids because when they started discussing it and found out what other
cities had paid for that kind of work, they were not ready to go there at that point. Most of the
proj ects, especially the small ones, they at least have a general idea of the range of cost.
Councilmember Wolfe said the item he is talking about was on the consent agenda for $54,000,
and he pulled it from the consent agenda.
Mr. Haukaas said he did not believe that once it was pulled and discussed, it would have
actually happened.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 25
Councilmember Wolfe stated the consensus of most people is the government pays too much.
When we wanted to build a double gymnasium at the community center, it was $2 or $3 million.
Yet a school six gymnasium proj ect for $2 million.
Councilmember Barnette stated it is his understanding that Medtronic was built with union
labor.
Attorney Knaak stated he has a copy of Ordinance 1095. It reads: "This ordinance shall not
apply to the following circumstances: (a) any project financed by City funds or bonds authorized
by the City as provided in Subdivision (2) that has a value of $25,000 or less or value equal to or
less the amount required for seal bids by Minnesota Statutes; (b) any housing project or program
in the City directed or marketed for owner occupancy, (c) any housing proj ect or program
directed at rental units containing 8 or fewer units; and (d) any residential rehabilitation proj ect
regardless of size entirely paid for with non-city funds."
Mayor Lund stated Councilmember Wolfe mentioned how we should look at this and how it is
coming out of our own pocket, that it would be more frugal if we were not spending taxpayers'
money. The Council members are taxpayers as well. There is a bidding process, and we would
hope we could get some of those lower bids that Councilmember Wolfe alludes to. He thinks in
Councilmember Wolfe's one example on the light poles, on a$54,000 project there was $47,000
so he could have done the job for $7,000 at some point you cannot be getting quality
workmanship with paying all of the indirect costs. Insurance is expensive, etc. He cannot see
they can be that far off. He understands where Councilmember Wolfe is coming from and he
sees Councilmember Billings' point in that who are you helping here if you are going to pay $6
an hour to those painters and it is not a livable wage. He does not want to spend any more
money than they actually have to because it can be used in so many other areas.
Councilmember Wolfe replied he is guessing that no matter what adjustments they make for
this, it is a dead issue.
Mayor Lund stated he did not think he could just assume that. If there is some merit in saving
money for the taxpayers and himself included he is all for it.
MOTION by Councilmember Wolfe to waive the reading of the ordinance and deny the
ordinance on first reading. Seconded by Councilmember Billings.
UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE,
COUNCILMEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING AYE
AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE
MOTION CARRIED ON A 4 TO 1 VOTE.
OLD BUSINESS:
1. Second Reading of an Ordinance Amending Chapter 6, Commissions, of the Fridley
City Code Providing for Substitute Members on the Appeals Commission.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 26
Joanne Zmuda, 6051 Fourth Street NE, stated she has a problem with someone from the
Planning Commission filling in on the Appeals Commission. It seems like a conflict of interest.
If a person's issue has already been denied by the Planning Commission and it goes before the
Appeals Commission and someone from the Planning Commission is sitting there at that time, it
seems like the deck is already stamped against you. There has to be a better way to resolve this
issue.
Mayor Lund asked if there is any time when a commissioner from the Planning Commission
would also vote again on appeals.
Mr. Hickok replied, no. In some communities, the Planning Commission acts as the Appeal
Commission. They are one in the same, and that is probably more typical than not. Our items do
not go through the Planning Commission and the Appeals Commission. If they applied for a
variance they would go through the Appeals Commission. If they applied for other land use
actions, they would go through the Planning Commission. We do by the design of our
commissions have an overlap between commissions, so the communication is good between the
commissions. It would not put them in jeopardy or at a disadvantage in any way because they
are not relying on both commissions to vote on their item.
Councilmember Bolkcom stated sometimes there might be an issue related to a rezoning or a
variance, but they are two separate issues, and the Planning Commission does not even vote on
that variance. That goes to the Appeals Commission so they are kept separate.
William Burns, City Manager, stated they could conceivably have a big project where it has an
element in the Planning Commission and then another element in the Appeals Commission, but
that is a rare case and for the most part the matters are pretty much separate.
Councilmember Billings stated he noted there was a conflict in Chapter 6, Section 4(a) and (b).
He asked Mr. Hickok how the conflict was resolved.
Mr. Hickok replied each independent section was reviewed. The request was whether the
language was modern and it was directly related to how many at-large members serve on the
Planning Commission. Councilmember Billings asked specifically if it was current and was
correct. They researched that and the language is precisely how it is today with the commission
members.
Councilmember Billings stated he is reading 4(a) and it said the Planning Commission shall
consist of a chair and three members-at-large; 4(b) says that the chairperson and two members-
at-large shall be appointed by City Council to serve for three-year terms. He had suggested that
possibly it could be a typographical error and they should go back and look at the original
ordinances and clean up the language there the same time they were doing Chapter 6. He asked
that the item be tabled so this could be checked on.
Mr. Hickok stated he thought if the minutes were checked it will show there was a question as
to whether the specific language in one section was about the number of commissioners at large.
They went back and looked at that specific section, he got permission to call Councilmember
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 27
Billings from Dr. Burns to ask for clarification on this to see if there was anything further and
did not hear back They brought the language forward with the section. If it is something they
want changed at this time, he would be glad to go through it again. They do not want an
inconsistency in the ordinance.
MOTION by Councilmember Bolkcom waive the reading of this ordinance and table the
ordinance to December 4, 2006. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE,
COUNCILMEMBER WOLFE AND COUNCILMEMBER BOLKCOM VOTING AYE
AND COUNCILMEMBER BILLINGS ABSTAINING, MAYOR LUND DECLARED
THE MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS:
16. Appointment to the Fridley Housing and Redevelopment Authority.
Ms. Zmuda, 6051 Fourth Street NE, said on the City's website, a vacancy on the Charter
Commission has been listed for quite a while. She knew that Virginia Schnabel was moving.
However, she did not see an advertisement for people to go on the HRA, and she does know of a
few people who would be interested in serving. She was wondering when they were going to be
posted on the website.
Mayor Lund replied they did not post specifically an HRA position. Citizens can fill out an
application for any of the commissions, as many times there are vacancies.
Ms. Zmuda asked if they are not on the website how would they know if they do not watch the
meetings.
Mayor Lund replied he was looking for a candidate for several months and even actually talked
to a handful of people over the last several months trying to find somebody who had some
qualifications. They usually try and look for people who have some type of background, maybe
an attorney or somebody who is into housing already, such as a realtor.
Ms. Zmuda asked how someone would apply for the position.
Mayor Lund replied it is easy to make an application. It is a one-page simple application on the
website or they can fill out an application.
Councilmember Bolkcom said Council felt that Councilmember Billings would be a good
candidate because he has a lot of experience. He was on the Planning Commission. She said
they needed someone with strong civic experience.
MOTION by Councilmember Bolkcom to approve the appointment of Steven E. Billings to the
vacancy on the Fridley Housing and Redevelopment Authority. Seconded by Councilmember
Barnette.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 28
UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE,
COUNCILMEMBER WOKFE, AND COUNCILMEMBER BOLKCOM ALL VOTING
AYE, AND COUNCILMEMBER BILLINGS ABSTAININT, MAYOR LUND
DECLARED THE MOTION CARRIED UNANIMOUSLY.
OLD BUSINESS:
3. Second Reading of an Ordinance Amending Chapter 114 of the Fridley City Code
Pertaining to Abandoned Junk or Unsafe Motor Vehicles.
and
Adopt Official Title and Summary Ordinance.
Councilmember Billings stated he is willing to support this motion but one of the primary
reasons it is being put forward is that we are not doing things in accordance with the ordinances.
We are not holding cars for auction, we are doing something different and it seems to him that
they should have been doing things in accordance with the laws that exist and not doing
something different. It bothers him that they have to make a change in the law in order to
comply with what staff has decided they want to do different from the laws that exist.
Mayor Lund asked him to be more specific for him.
Councilmember Billings stated if he remembered the presentation correctly and the
memorandum that came with it, the former language says the vehicle shall be immediately
eligible for sale at public auction. The new language that is being inserted is for sale by a duly
authorized agent of the City or at public auction. It is his understanding what they have been
doing is allowing the sale by a duly authorized agent of the City. We have not been holding
them for public auction.
Don Abbott, Public Safety Director, replied this proposal actually came out of Planning as far
as police vehicles when we take them for auction. The vehicles are held usually six months or
twelve months until such time as the court paperwork has been completed, at which time they
either sell them directly through the City sealed-bid process or sell them at the police auction
using the contract auctioneer.
Councilmember Billings asked if we are holding all of these vehicles to be sold at public
auction or if someone else is currently selling them.
William Burns, City Manager, asked Scott Hickok to answer his question.
Mr. Hickok stated the distinction between the Police Department towing and impounding
vehicles and auctioning vehicles is distinct. They are doing it exactly according to this
ordinance. This ordinance in some ways predates the aggressive abatement process they have
done with the five-day orange tag. He said Shorty's Towing takes the vehicles to their impound
lot. There are times where we have an exorbitant amount of vehicles being towed at one time,
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 29
and they store them. They will release the cars back to residents and the residents need to sign a
release form and bring them back to their property only when it is going to be in compliance. On
the rare occasion when someone decides not to pick up their car, Shorty's goes through the
statutory process of asking the State for a duplicate title, and doing all the things they need to do
and then put the vehicle out for auction. It is a distinct difference. These vehicles are ones that
are being towed with the five-day tag. They are the vehicles that Shorty's takes to their impound
lot. We do not have an impound lot per se. We have an area where we keep the cars that are
impounded by the Police Department, but we do not have the volume we would have if we were
doing the orange-tag storage.
MOTION by Councilmember Billings to waive the reading and adopt Ordinance No. 1236 on
second reading and adopt the official title and summary ordinance and order publication.
Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE,
COUNCILMEMBER WOLFE AND COUNCILMEMBER BOLKCOM VOTING AYE
AND COUNCILMEMBER BILLINGS ABSTAINING, MAYOR LUND DECLARED
THE MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS:
10. Resolution to Vacate Portions of 3rd Street, 57t'' Place, and 57 �/z Avenue, Generally
Located Between 2 �/z Street and University Avenue, in Order to Accommodate the
Gateway West Redevelopment Project (Vacation Request, SAVE #06-02, by the City
of Fridley Housing and Redevelopment Authority) (Ward 3)
Councilmember Billings commented staff report indicates that some language would change.
He asked if this was done a few months ago when we vacated some streets but not the storm and
utility easements.
Mr. Hickok said that was an earlier ordinance, a vacation for 57 '/z Avenue from some years
ago. Tiny segments of the street were vacated on the east side of the now-existing Third Street,
but although the street was vacate, the utilities had not been vacated
MOTION by Councilmember Billings to adopt Resolution No. 2006-77. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
6. Approve Extension of a Special Use Permit, SP #05-04, to Allow a
Telecommunications Facility at 8290 Main Street (Ward 3).
Councilmember Bolkcom said the letter from Mr. Edwards says they would like a 90-day
extension of the special use permit that was granted, but staff recommends a 12-month extension.
She said she was a little concerned with that.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 30
Mr. Hickok replied on that property there was a special use permit from years ago where there
has not been compliance on grading and drainage issues. Grading and drainage on the site is a
complex thing and will take a complex solution to get it taken care o£ If the property owner
wants another special use permit which grants him the value of a long-term lease with the
telecom, he needs to at least clean up stipulations that were supposed to have been taken care of
in the 1980s. We will be in the midst of winter at the end of ninety days, and there may be
potential excavation, removing blacktop, and contouring certain parts of the site. That does not
happen in February, March, and early April. They need this much time in order to solve the
problem.
MOTION by Councilmember Bolkcom to approve the extension of Special Use Permit, SP
#OS-04, until December 2007, to allow a telecommunications facility at 8290 Main Street.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
13. Resolution Authorizing Changes in Appropriations for the 2006 Budget for
September Through October 2006
Councilmember Bolkcom asked what is the MVHD was.
Mr. Pribyl replied this is actually the market value homestead credit and in 2005 that was the
first year that they received referendum money from that levy that was passed for Springbrook.
The market value homestead credit was inadvertently actually allocated to the Springbrook
Nature Center fund when the City did the allocation for market value homestead credit. It should
not have received it and was discovered this year after the books were closed for 2005. So what
they did to correct that situation was to do an operating transfer.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2006-80. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
15. Receive Bids and Award Contract for the Construction of Two Rescue Trucks for
the City of Fridley Fire Department.
MOTION by Councilmember Bolkcom to table this item until a further date. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2006 PAGE 31
23. Informal Status Reports
Councilmember Bolkcom said our election judges work an incredible amount of hours and
should be commended for their work.
Mayor Lund commented on the utility and rate increase, and although it failed, he wanted to
thank all the voters who did come to the polls. He said this was a prime example of what
happens when you do not vote on a particular item. It gets counted as a no vote. It did not pass
by the required 51 percent. This will leave the City in a little bit tougher financial situation in
the near future.
Councilmember Bolkcom said there will be an opening on the Parks and Recreation
Commission now that we have a new Council member.
Councilmember Wolfe congratulated Jim for winning his election and Dolores for winning his
spot and he congratulated Ann. He wished them the best of luck.
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 11:06 P.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
CITY COUNCIL MEETING
CITY OF FRIDLEY
NOVEMBER 20, 2006
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 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
Julie Jones, Planning Coordinator
Rachel Harris, Environmental Planner
Jon Haukaas, Public Works Director
Richard Pribyl, Finance Director/Treasurer
Fritz Knaak, City Attorney
PUBLIC SERVICE ANNOUNCEMENT:
Rachel Harris, Environmental Planner, informed Council about the 2006 recycling drop off the
City of Fridley held over the past several months. There was quite a change in tonnage from
2005 to 2006 in terms of what was collected during the recycling drop off days. In 2005, the
City of Fridley collected 9.4 tons compared to 221.3 tons of recycled goods in 2006. The items
that are accepted at the drop offs are recycled and typically include electronics, appliances,
florescent bulbs, scrap metal, construction, demolition debris and tires. Most often materials
accepted at the drop off sites are common outdoor storage problems, hard to get rid of items or
items that cost a lot of money to dispose.
Ms. Harris stated that the reason for the growth is because there were more drop off days
offered this year. In 2005 there were two drop offs offered compared to five in 2006. In 2006, a
financial benefit was added as an incentive to residents. A recycling rebate came from the
current recycling contract from materials gathered in the curbside recycling program. These
materials earned money on the market and that benefit was passed on to the residents. The City
used the recycling rebate to pay for the additional drop off days, offered reduced prices at the
drop off sites and in some cases the drop offs were free.
Ms. Harris stated that in 2006 appliances, electronics and florescent bulbs were collected plus
three free electronics drop offs were allowed per household. In August, used furniture and scrap
metal could be dropped off free of charge. In September, tires, car batteries, scrap metal, lumber
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 20, 2006 PAGE 2
and concrete were also collected free of charge. There was a wealth of electronics collected in
the April recycling drop off and each resident was able to drop off three electronic items at no
charge. In October, another electronic drop off was offered and again three free electronic items
per household plus one appliance and car batteries at no charge. Later in October, more
appliances, electronics, car batteries and tires were collected.
Ms. Harris stated that the City hopes to continue the success from 2006. The exact plan for next
year is in the works but the City will have at least four events. Next year, the City hopes to
standardize the events and have the drop off sites more consistent as to what will be accepted.
The recycling rebates will continue to be used to offer free or lower collection costs.
Councilmember Bolkcom questioned if the City is limited in how they use the rebate.
Ms. Harris replied that the City cannot, for example, reduce utility fees that residents pay on a
quarterly basis for the recycling service. Due to the Score Funding Agreement with the County,
the City is limited in how the rebate is used.
Councilmember Barnette asked how the City of Fridley compares with the surrounding cities
in the amount of recyclable items collected.
Ms. Harris stated that surrounding cities receive a similar recycling rebate with their contractor
for recycling services. In terms of the services that are offered, Columbia Heights has garbage
and recycling service in which appliances and electronics may be collected at the curb. Spring
Lake Park has two recycling drop offs a year and Coon Rapids offers monthly recycling drop
offs.
Councilmember Barnette asked if Columbia Heights contracts their garbage and recycling
through one hauler and if appliances can be picked up at the curb.
Ms. Harris stated that is correct. Columbia Heights residents pay for the garbage and recycling
fees through the City. Fridley residents choose their contractor.
Councilmember Bolkcom questioned how to get rid of old bicycles.
Ms. Harris stated that if the bike is in usable condition, it can be donated to a charity. If not, the
non-metal pieces can be taken off and the metal can be recycled with the scrap metal.
APPROVAL OF PROPOSED CONSENT AGENDA:
1. Resolution Confirming the Statutory Level of Tort Limits.
William Burns, City Manager, stated that LMCIT is asking us to expressly confirm by
resolution that we are choosing to be insured within the State's statutory limits for cities. The
resolution provides that it is Council's desire to be insured up to its statutory limits and not
beyond. It also states that we are not waiving our statutory liability limits of $300,000 for a
single claim and $1,000,000 for a group of claimants. Staff recommends Council's approval.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 20, 2006 PAGE 3
ADOPTED RESOLUTION NO. 2006-81.
2. Resolution Abating a Portion of the Assessment for Certain Properties within the
2006 — 1 Street Improvement Project.
William Burns, City Manager, stated that when staff brought assessments for this project on
October 23, there were a few assessments that had been estimated due to ongoing issues. At that
time we told Council that we would be coming back at a later date with revised assessment
figures for these properties. This resolution includes that information. Staff recommends
Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
3. Resolution Authorizing an Increase in Compensation and Changes in Certain Benefits
for the 2007 Calendar Year.
William Burns, City Manager, stated staff is recommending a 3% cost of living adjustment and
a 3% increase in automobile allowances, where applicable.
ADOPTED RESOLUTION NO. 2006-83.
4. Resolution Extending the Term of the Southern Anoka County Community
Consortium Joint Power Agreement.
William Burns, City Manager, stated that this extension of a current agreement covers Values
First and the work of our multi jurisdictional consortium of southern Anoka cities and school
districts. The resolution establishes Fridley's share of costs for this organization at $5.782. The
amount would be payable in each of the two years of the contract extension. The contract
expires on December 31, 2008. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2006-84.
5. Approve Change Order No. 1 for the 2006 Miscellaneous Concrete Repair Project No.
365.
William Burns, City Manager, stated that the change order is for additional concrete panels that
were replaced on Matterhorn Drive and the University Avenue Service Drive West. The cost for
this work is $3,880 and brings the total contract amount to $79,880. Staff recommends
Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 20, 2006 PAGE 4
6. Claims.
APPROVED CLAIM NOS. 129249 THROUGH 129398.
7. Licenses
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
8. Estimates.
Approved the following estimates:
Midwest Asphalt
5929 Baker Road, Suite 420
Minnetonka, MN 55345
Mill and Overlay 2006 — 2
Estimate No. 2 ... ... ...... ... ... ... ... ... ... ... ... ... ... ... .... $14,056.21
Midwest Asphalt
5929 Baker Road, Suite 420
Minnetonka, MN 55345
3rd Street Project 2006 — 3
Estimate No. 4 ... ... ... ... ... ... ... ... ... ... ... ... ... ........ ... $20,689.50
Councilmember Bolkcom asked for removal of Item No. 5.
Councilmember Barnette asked for removal of Item Nos. 2 and 7.
APPROVAL OF CONSENT AGENDA:
MOTION by Councilmember Bolkcom to move into record the claims from Dr. Burns.
Seconded by Councilmember Billings.
MOTION by Councilmember Barnette to approve the consent agenda with the removal of Item
Nos. 2, 5 and 7 and the addition of the claims. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to adopt the agenda as presented with the addition of
Items 2, 5 and 7. Seconded by Councilmember Wolfe.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 20, 2006 PAGE 5
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM (VISITORS):
Councilmember Bolkcom stated that she had asked Mr. Haukaas to research the street
reconstruction project bids as there was some conversation at the last meeting during open forum
regarding concerns that the proj ect is not always awarded to the lowest bidder.
Jon Haukaas, Public Works Director, answered that the question raised at the last meeting was
regarding the award of the street reconstruction proj ect to Park Construction and the implication
that they were not the lowest bidder. Mr. Haukaas shared bids from the May 8, 2006, agenda
showing the actual bid for the street reconstruction project. It reflected that Park Construction
was the lowest bidder by about $440,000. Mr. Haukaas also researched other awards from
previous years and in no case was someone that was not the lowest bidder awarded. Some bids
are disallowed if the bids are not filled out complete with all items requested. The City is
required by law to award to the lowest responsible bidder. In this instance, Park Construction
was in fact the lowest bidder for this year's project.
9. Consider Revocation of a Special Use Permit, SP #06-08, for Sinclair Fridley, Generally
Located at 6071 University Avenue N.E. (Ward 1)
MOTION by Councilmember Billings to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:45 P.M.
Rachel Harris, Environmental Planner, reviewed the actions that lead up to the revisit of the
Special Use Permit (SUP). Staff has done site visits, sent letters, follow up visits and follow up
letters. This item was brought before Council on July 10, 2006. At that time the Special Use
Permit, SP #73-OS and was renumbered to Special Use Permit, SP #06-08 and more modern
stipulations were attached. Following the July 10 meeting, there were a few stipulations that
were not met in relation to parking. A re-inspection was done and a revocation was scheduled
for the September Council Meeting. This was because the stipulations had not been completed
after the extension of the July 10 meeting. The City had a meeting with the business owner on
September 6, 2006, and made some agreements and the stipulations were clarified. At that time,
staff found that this item would not need to be brought to Council. Staff continued to monitor
and noticed there were still parking problems and did re-inspections throughout October.
Ms. Harris stated that C-2 zoning allows an automobile service station and motor vehicle fuel
and oil dispensing with a special use permit as well as repair garage. A special use permit does
allow for caveat on land parcels and is granted by the City. It is reviewed annually by the City
and can be revoked if necessary. At this site, the previous business was a gas station with light
auto repair and was sold in July of 2005. The current business is similar, it does have light auto
repair but no gasoline sales.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 20, 2006 PAGE 6
Ms. Harris stated that previous Council action includes a public hearing on June, 2006, and the
business owner was present and commented. On July 10, 2006, the special use permit was
reviewed and stipulations added. At the time of the public hearing, the business had not met all
the stipulations. As of today, staff has been monitoring the following for compliance: vehicles
parking in stalls, all the stalls shall be painted with stripes, vehicles shall be parked in stalls that
are striped and designated for parking, the vehicles shall not be stored for more than 48 hours on
site, the drive by shall be clear and unlicensed vehicles parked on site on a recurring basis.
Ms. Harris stated that Staff has received some new information and the recommendation is
different than what was sent to Council last week Staff has learned that the current business
owner is expected to leave as of December 1 and a new tenant may be coming in as soon as
December 1. For this reason, staff is recommending that Council continue the public hearing
until December 11 or later. Additionally, this would allow the new business to get established
and reconsideration of the revocation of the special use permit based on the new business
owner's performance.
Councilmember Billings asked if there was any kind of publication regarding the hearing
tonight.
Julie Jones, Planning Coordinator, answered that there was a public notice in the paper about
this public hearing.
Councilmember Billings questioned if the fee owner has been informed.
Ms. Jones replied this is a unique situation. The business owner is the brother of the property
owner. Staff has been working with the business owner and was told that the land owner was
terminally ill and unable to work with staff. Today staff was able to get in contact with the son
of the land owner. The son is helping his father and taking over his business affairs. The son
informed staff of the different lease arrangement that will be happening very soon and asked
staff to give them time to get this new business operating. The son wants to improve the site
himself. Because the property owner has been ill, it has been hard to communicate.
Councilmember Billings asked if the letter titled "City Council Action Taken" dated July 14
was sent to the fee owner, as it is not noted on the letter. Was the letter sent to the property
owner or just to the leasee.
Ms. Jones answered that staff did not have the name of the fee owner. Now, through research,
staff has found the fee owner and has given the fee owner the information.
Mayor Lund questioned what the problem would be to revoke the special use permit and the
new business owner reapply for a special use permit.
Ms. Jones answered that there is no reason staff could not revoke and reissue a special use
permit. Typically the special use permit does go with the land and what staff is hearing from the
son of the land owner is that there is not going to be a significant change in the type of business.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 20, 2006 PAGE 7
The new business plans to sell gasoline and perform car repair. The stipulations on the current
special use permit would cover the new business coming in.
Mayor Lund asked for clarification that Mr. Ahmad is the business owner but not the property
owner.
Ms. Jones replied that is correct.
Councilmember Bolkcom stated that the last meeting of the year would be December 11 and
she asked if there would be enough new information available by that time.
Ms. Jones answered that the special use permit would continue with the land and does not
expire on December 31, 2006. The business owner's lease expires on December 31. The
business license expires in March or April of 2007.
Councilmember Bolkcom questioned what promises Council has that the actual letter was sent
to the property owner and the property owners are aware of what is currently going on. Council
has no written documentation besides verbal communication to let the land owner know about
these issues.
Ms. Jones answered that the property owners appear to be aware of what is happening. It is
correct that staff has no written documentation to the property owner of the problems with the
current business.
Councilmember Bolkcom questioned if the property owners were aware that the special use
permit may be revoked.
Ms. Jones answered that today the information was faxed to the property owner.
Councilmember Billings questioned if it was staff s belief, after talking to the currently leasee
and son of the fee owner of the property, that it is highly likely that on December 31 the current
leasee will not be leasing the property. He asked if it will take some time to find a new leasee or
if there is a new leasee ready to open a business right away.
Ms. Jones answered that staff understands that a new lease arrangement is ready to go. The
property owner was asking how quickly a new business license can be obtained for the new
leasee.
Mr. Ahmad stated that he is going to leave the business on November 30. The new leasee will
take over the business December 1. Mr. Ahmad has a medical condition that leaves him unable
to perform his job.
Councilmember Billings asked for clarification that Mr. Ahmad plans to leave the business on
November 30 and a new business owner will take over on December 1. He stated that the new
owner will work with the new licensing procedures. He regretted to hear about Mr. Ahmad's
medical condition and when he was last before Council he seemed sincere to try to do what he
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 20, 2006 PAGE 8
could to deal with the issues. Mr. Ahmad has been unable to do the work, which would explain a
lot of the problems that have been happening.
Mr. Ahmad apologized for the problems that have been going on with the business and wished
good luck to the next owner.
Councilmember Billings thanked Mr. Ahmad for his time. He recommended continuing the
public hearing until February to give the new business owner some time to get the business
going. Due to the illness and staff testimony, no staff contact until recently, some time may be
needed so the fee owner can address issues.
MOTION by Councilmember Billings to continue this public hearing until the second meeting
in February 2007. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
2. Resolution Abating a Portion of the Assessment for Certain Properties within the
2006 — 1 Street Improvement Project.
Councilmember Barnette questioned why one of the properties on the abatement, 981 Overton
Drive, was $5,222 and all other properties were between $100 and $1,000.
Jon Haukaas, Public Works Director, answered that the particular property mentioned had
originally requested a driveway reconstruction but later decided not to have the driveway done.
This was added to the assessments and it was caught too late so now are asking to have that fee
removed.
MOTION by Councilmember Barnette to adopt Resolution No. 2006-82. Seconded by
Councilmember Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
5. Approve Change Order No. 1 for the 2006 Miscellaneous Concrete Repair Project No.
365.
Councilmember Bolkcom questioned the increase from $76,000 to $79,000 and if that figure
was still within the budget.
Jon Haukaas, Public Works Director, answered the concrete repair contract is an open-ended
project. The actual amounts are not known until after the work is completed. This amount is
within the City's budget.
MOTION by Councilmember Bolkcom approve Change Order No. 1 for the 2006
Miscellaneous Concrete Repair Project No. 365. Seconded by Councilmember Wolfe.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 20, 2006 PAGE 9
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
7. Licenses.
Councilmember Barnette asked about the gambling permit and if the owner had a previous
permit.
Richard Pribyl, Finance Director/Treasurer, answered that there was actually 8 previous
temporary gambling permits, 4 temporary permits for bingo games and 1 raffle. This is similar
to what was done in the past.
MOTION by Councilmember Barnette to approve the licenses as submitted. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
10. INFORMAL REPORTS
Councilmember Bolkcom stated that she would like to discuss after the meeting a letter
received from Commissioner Berg relating to appointing someone to the Economic Development
Exploratory Committee.
Mayor Lund congratulated the High School on their success on the play.
Dr. Burns said the City newsletter should be out to residents shortly after December 1.
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 8:20 P.M.
Respectfully Submitted by,
Krista J. Monsrud Scott Lund
Recording Secretary Mayor
CITY OF FRIDLEY
PLANNING COMMISSION MEETING
NOVEMBER 15TH, 2006
CALL TO ORDER:
Chairperson Savage called the regular meeting of the Planning Commission to order at 7:30 pm.
MEMBERS PRESENT: Brad Dunham, Dean Saba, Diane Savage, David Kondrick, Larry
Kuechle, Barbara Johns
MEMBERS ABSENT: Leroy Oquist
OTHERS PRESENT: Rachel Harris, Environmental Planner
Ellard Briesmeister, 617 Rice Creek Terrace
APPROVE OF MINUTES:
1. Approval of November 1st, 2006 Planning Meeting minutes
MOTION by Commissioner Kondrick to approve the minutes as submitted. Seconded by
Commissioner Kuechle.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING:
2. Consideration of a Vacation, SAV #06-03, by City of Fridley, for a street vacation of
Madison Street lying Northerly of Rick Creek Terrace and Southerly of Rice Creek Park,
to eliminate street and replace with private driveways, the right-of-way is no longer
needed.
MOTION by Commissioner Kondrick to open the public hearing. Seconded by Commissioner
Kuechle.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPEN AT 7:32 P.M.
Rachel Harris, Environmental Planner, mentioned a correction on tonight's agenda. The agenda
stated the street vacation would be on Madison Street lying Northerly of Rick Creek Boulevard
and it should read Rice Creek Terrace. She presented a request from the City of Fridley, who is
the petitioner, and they are seeking to vacate a portion of the right-of-way on Madison Street.
This is the portion lying northerly of Rice Creek Terrace and terminating at Rice Creek Park.
Madison Street was platted 1958. It is approximately 45 feet wide and 120 feet long. There is
public trail access to Rice Creek Park from Monroe Street. This will continue to be available
where Monroe Street meets Rice Creek Park.
Ms. Harris stated that the land freed up by this street vacation will allow for the elimination of a
no longer needed right-of-way. It will reduce public work street maintenance costs and it may
increase the city's property taxes. The vacated land will be replaced with private driveways. The
land was already used by adjacent property owners at 617 Rice Creek Terrace and 625 Rice
Creek Terrace as driveways and the property owners have agreed to this change. The
appropriate curb and gutter was installed during the summer of 2006 street repaving projects in
this area.
Ms. Harris stated that in the analysis, Staff has heard comments from a few residents. One
resident had requested clarification about which segments of Madison Street would be vacated
and another resident had a comment regarding the timing of the request for the vacation. The
street vacation does maintain conformance with the Comprehensive Plan. Staff is recommending
approval of this vacation request. The action of vacating this street retains conformance with the
Comprehensive Plan and retains the character and development of the neighborhood.
Commissioner Savage asked why this item was not brought to the Planning Commission prior
to the vacation of the street.
Ms. Harris answered that this vacation was completed along with the street re-pavement in late
summer. It was not brought forward to the Planning Commission prior to the street reconstruction
because this part of the street is in a neighborhood that underwent a big process for the street
repaving project. This was already planned to be done at the time the street bids were proposed
and accepted. Ms. Harris understood that during the street reconstruction phase, conversations
were held between Public Works Staff and the residents that led to the street vacation.
Commissioner Savage stated that she lives in the area and did not know if the homeowners
knew that residents would use this as another entrance to the park. This is a walking space and
she did not know if the homeowners wanted people to use this area. She also questioned why
this was a street improvement project as the street was in good condition. She did not
understand why the street needed to be ripped up and new pavement laid.
Ms. Harris answered that this was already bid out and she was not aware why the project was
not stopped. For more clarification Jon Haukaas, the Public Works Director, may be contacted.
Commissioner Savage commented that these are the decisions the Planning Commission
should be making, to approve or deny a vacation. This matter should have been brought to the
Planning Commission prior to vacating a street.
Ms. Harris stated that sounded reasonable.
MOTION by Commissioner Kondrick to close the public hearing. Seconded by Commissioner
Kuechle.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:45 P.M
Commissioner Savage stated that there was not question to approve this issue as the work has
already been done.
Commissioner Kondrick agreed with Commissioner Savage that this issue should have been
brought to the Planning Commission prior to the street vacation. Vacations are part of the
Planning Commission agenda. When items are posted in the newspaper prior to being brought
before the Planning Commission, residents are made aware of the issue and have a chance to
state their approval or not.
Commissioner Kuechle stated that the street has not been vacated yet; the Planning
Commission could recommend denial.
Commissioner Savage stated that the work is already done.
Ms. Harris stated that the street was vacated in August, so this action would make it legal.
Commissioner Kuechle asked if the street has been deeded to the residents.
Ms. Harris answered that the land would not be deeded to the residents until the vacation has
passed. The property is not legally the owners. No more physical changes will be done to the
property.
Commissioner Kuechle stated that the vacation has not been done and that if the Planning
Commission denied the vacation, it could create issues.
Commissioner Savage stated that the property owners believe that the vacation has been done
and the property is theirs.
Commissioner Dunham questioned why the property owners would believe that the property is
theirs, because the City physically made some improvements?
Ellard Briesmeister, 617 Rice Creek Terrace, stated that the City started tearing up the streets
and about two weeks later, Jon Haukaas, Public Works Director, and Layne Otteson, Assistant
City Engineer, stopped and asked what the residents would like to do with the street. They asked
Mr. Briesmeister if he would consider taking 1/2 of the street on a vacation. Mr. Briesmeister he
would be interested and he had asked for this 8-10 years ago. The use of the street has basically
been a driveway. After dark usage of this property has been painful. Garbage and other items
end up on the end of the street.
Commissioner Kondrick asked if Mr. Briesmeister was happy with the outcome.
Mr. Briesmeister stated that he would prefer to have the property as it is right now. It is a benefit
to his property.
Commissioner Savage questioned if Mr. Briesmeister had a problem with the snowplowing.
Mr. Briesmeister answered that he would not have a problem with snowplowing.
Commissioner Dunham questioned if there was a problem with the park access issue.
Mr. Briesmeister answered no. He has had to call the police a few times when people throw
items such as deer heads, live trap animals in the area etc. The road doesn't go anywhere and
some people use it as a dumping ground.
Commissioner Johns asked if people would assume the street is a road and not a driveway.
Mr. Briesmeister answered that he can put up private property signs and put up a fence if the
usage becomes too much. People who access the park are not a problem and in most cases the
property owners know the people. Sometimes cars park in the area but he has no major concern.
Commissioner Savage questioned when people park in the area.
Mr. Briesmeister answered that it happens mostly after dark. Mr. Briesmeister put in a street
light that is back there to try and keep these issues to a minimum. Still people will come at night.
Commissioner Johns stated that if the City was going to be redoing streets, offering property to
home owners and lessening the property access to the park as well, it would have been better to
stop the street sooner. This would give the property some green space and people would be less
likely to drive on the property.
Mr. Briesmeister stated that the street does go on about 1/2 car length beyond the apron to his
garage. There is another 10' of grass but unless signage is put up, it will look like an access. He
plans to put up signs accordingly and that will take care of the access problems.
MOTION by Commissioner Kondrick to approve the consideration of a vacation, SAV #06-03, by
City of Fridley, for a street vacation of Madison Street lying Northerly of Rick Creek Terrace and
Southerly of Rice Creek Park, to eliminate street and replace with private driveways, the right-of-
way is no longer needed. Seconded by Commissioner Dunham.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OTHER BUSINESS:
Rachel Harris, Environmental Planner, shared the following updates:
The Council Meeting on Monday, November 13th, had several land use items on the
agenda.
■ The consideration for a resolution for a vacation, part of the Gateway West
second addition. The portions of 3rd Street, 57th Place, 57 1/2 Avenue NE lying
between 2 1/2 Street and University Avenue that are located in the Hyde Park
neighborhood were bought up and approved.
■ The consideration of a resolution for final plats. That was PS #05-08 for the City
of Fridley HRA with the Gateway West second addition was approved.
■ The consideration for Special Use Permit #06-09 by Amtak Lighting to allow a
changeable electronic sign in a C-1 Zoning District at the gas station at 6485
East River Road NE was approved.
■ The consideration for Special Use Permit #06-10 by Amtak Lighting to allow a
changeable electronic sign at 5695 Hackman Avenue was approved.
■ The consideration of a second reading for Text Amendment #06-03 for the City of
Fridley regarding towed vehicles was approved. This amendment would bring
the code language in line with the staff practices.
■ The consideration of a second reading of an ordinance for an Appeals
Commission substitute to amend Chapter 6 was tabled until the December 4th
meeting as there were some questions about the language. Staff will work on
clarifications and bring this item back to the December 4th meeting.
■ The sign plan for 8251 Main Street for Martin Brenning Building was approved.
■ An extension for the grading and drainage plan for Sprint at 8290 Main Street
was approved for one year.
ADJOURNMENT:
MOTION by Commissioner Kondrick to adjourn the meeting. Seconded by Commissioner
Kuechle.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MEETING ADJOURNED AT 8:05 P.M.
Respectfully Submitted,
Krista Monsrud
Recording Secretary
�
�
CffY OF
FRIDLEY
Date:
To:
From:
Subj ect:
AGENDA ITEM
CITY COUNCIL MEETING OF
DECEMBER 4, 2006
November 27, 2006
William Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Consideration of Extension for SP# OS-03 and VAR# OS-14 for Expansion of Woodcrest
Baptist Church
Background
The special use permit and variance approved by Council last year for the expansion of Woodcrest Baptist
Church at 6875 University Avenue NE expired on November 7, 2006. When staff contacted Kinghorn
Construction regarding this situation, they promptly submitted the attached letter, requesting an e�tension of
SP# OS-03 and VAR# OS-14. The contractor states the project has been actively progressing, however, the
fundraising and design elements of working on a church project take more time than private construction
projects.
The SUP was to allow expansion of an existing church in an R-3, Multi-family zoning district. The
expansion will add 14,162 square feet and will include a main floor sanctuary, a small balcony and a
lower level classroom.
Once the new space is built, they will re-define other space within the existing building. Restroom and
nursery facilities will be moved internally to allow ease in access and will meet all modern accessibility
requirements.
Looking at an aerial view of the site you'll note that the site is primarily an elongated rectangle running
north and south along University Ave. The addition will be on the northwest corner of the e�sting
building (University Avenue side) and will include a new entrance and glassed-in fa�ade facing the
parking lot, at somewhat of a northeast angle.
Recommendation
Staff recommends granting a one-year extension on the special use permit SP# OS-03 to expand a church in
an R-3 zoning district and parking setback variance VAR# OS-14, which should allow the
contractor/petitioner enough time to begin construction.
M-06-144
Kin�horn
November 8, 2006
Mr. Scott Hickok
Community Development Director
City of Fridley
Municipal Center
6431 University Ave. NE
Fridley, MN 55432
Re: Woodcrest Baptist Church
Special Use Permit OS-03
Variance OS-la�
Dear Mr. Hickok:
We are respectfully requesting and extension of the Special Use Permit and the Variance
for Woodcrest Baptist Church.
As you know, fund raising and designing a building that the entire congregation can get
their arms around is a tall order. The church leadership has been working diligently with
HTG Architects to complete the plans including all the sound, lighting and acoustical
concerns that the congregation has. That work is moving along well and we expect the
completed plans i.e. architectural and structural in December 2006. That would allow
bidding to begin in January. Their goal is to build next year.
If you have any questions or need additional information, please call me. Thank you for
all y ur help.
Si cerely,
Grady . King rn
CEO
General Contractors 14198 Northdale Blvd. Roger� MN 55374 = Tel: 763-428-8088 � Fax: 763-428-8090
�
�
CffY OF
FRIDLEY
Date:
To:
From:
Subject:
AGENDA ITEM
CITY COUNCIL MEETING OF
DECEMBER 4, 2006
November 30, 2006
Wlliam Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Rachel Harris, Environmental Planner
A Resolution for Street Vacation SAV #06-03 for Madison Street North of Rice
Creek Terrace and Terminating At Rice Creek Park
M-06-147
INTRODUCTION
The City has determined this portion of Madison Street to be a no longer needed right-of-way.
This property is currently owned by the City of Fridley and is comprised of right-of-way (ROV�.
The vacated land will be replaced with private driveways for, and as agreed to by, the adjacent
property owners at 617 Rice Creek Terrace and 625 Rice Creek Terrace.
PLANNING COMMISSION ACTION
On November 15, 2006, the Planning Commission held a public hearing to review the street
vacation request. Chair Savage commented that the timing of the vacation request came after
the physical improvements to the site were complete. One member of the public, property owner
of 617 Rice Creek Terrace, spoke in favor of the vacation. No one appeared from the public to
object. After some discussion, the Commission unanimously recommended approval of
this street vacation.
STAFF RECOM M ENDATION
Staff concurs with the action of the Planning Commission and recommends approval of SAV #06-
03, Street Vacation for Madison Street.
City of Fridley Land Use Application
SAV #06-03
GENERAL INFORMATION
Applicant:
City of Fridley
6431 university Ave NE
Fridley, MN 55432
Requested Action:
Vacate portion of Madison Street north of Rice
Creek Terrace
Existing Zoning:
ROW
Location:
Portion Madison Street NE, north of Rice Creek
Terrace and south of Rice Creek Park; in
portions of Lot 1 Block 2 Rice Creek Terrace
Plat 7 and Lot 3 Block 1 Rice Creek Terrace
Plat 7.
Size / Project Area:
6,654.32 sq. ft. 0.15 acres
Existing Land Use:
Right-of-way
Surrounding Land Use & Zoning:
N: Rice Creek Park (P)
E: Single Family & R-1
S: Rice Creek Terrace ROW
W: Single Family & R-1
Comprehensive Plan Conformance:
Consistent with Plan.
Zoning History:
1958 - ROW is platted.
Legal Description of Property:
See attached. LOT 1 BLK 2 RICE CREEK
TERRACE PLAT 7, SUBJ TO EASE OF REC
RICE CREEK TERRACE PLAT 7 CITY OF
FRIDLEY LOT 1 BLK 2 RICE CREEK
TERRACE PLAT 7-SUBJ TO 6 FT UTIL &
DRAINAGE EASE ALONG N LINE and LOT 3
BLK 1 RICE CREEK TERRACE PLAT 7, SUBJ
TO EASE OF REC RICE CREEK TERRACE
PLAT 7 CITY OF FRIDLEY LOT 3 BLK 1 RICE
CREEK TERRACE PLAT 7-SUBJ TO 6 FT
UTIL & DRAINAGE EASE ALONG N LINE
Public Utilities:
Available in the street
Transportation:
Property is ROW and will be accessed from
Rice Creek Terrace
Physical Characteristics:
ROW is relatively flat
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November 30, 2006
SPECIAL INFORMATION
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SUMMARY OF REQUEST
The City of Fridley is seeking to vacate a
portion of Madison Street which will become a
private access to two private driveways by
eliminating an unneeded right of way, thereby
reducing public works street maintenance
costs and to a minor extent increase City tax
base. The adjacent property owners have
agreed to the change.
SUMMARY OF ANALYSIS
Staff recommends approval of the street
vacation request.
• The action of vacating this street retains
conformance with the Comprehensive plan
and retains the character and development
of the neighborhood.
• The act of vacating this street will allow for
eliminating a no-longer needed right-of-way
and converting it to a private access to two
private drives.
Council Action / 60 Day Action Date
Planning Commission - November 15, 2006
City Council - December 4, 2006
60 Day Date - December 11, 2006
Staff Report Prepared by: Rachel Harris
Madison Street — SAV #06-03 (Street Vacation)
THE REQUEST
The City of Fridley, the petitioner, is seeking to vacate a portion of Madison Street, lying
northerly of Rice Creek Terrace and terminating at Rice Creek Park.
The street vacation parcel is outlined in the aerial photograph shown below.
Street Vacation for Madison St
BACKGROUND
The parcel to be vacated is ROW. The ROW was platted in 1958. This property is currently
owned by the City of Fridley and is comprised of right-of-way (ROV�. Public trail access to Rice
Creek Park will continue to be available from where Monroe Street meets Rice Creek Park.
STREET VACATION
The City of Fridley is seeking to vacate a portion of Madison Street NE lying northerly of the
northerly right of way line of Rice Creek Terrace and bounded by Lot 1, Block 2 and Lot 3, Block
1 all lying within Rice Creek Terrace Plat 7. See attached survey for reference.
Land freed up by this street vacation will allow for the elimination of a ROW that served two
houses and was already used as a driveway. The vacated land will serve as private access for
two driveways for the adjacent property owners at 617 Rice Creek Terrace and 625 Rice Creek
Terrace. The action will also reduce Public Works' street maintenance costs, and to a minor
extent, increase City tax base. The adjacent property owners are amenable to, and have
agreed to, the change.
Map of Madison St Street Vacation
Madison St
Street Vacation
PREVIOUS COMMISSION ACTION
On November 15, 2006, the Planning Commission held a public hearing to review the street
vacation request. Chair Savage commented that the timing of the vacation request came after
the physical improvements to the site were complete. One member of the public, property owner
of 617 Rice Creek Terrace, spoke in favor of the vacation. No one appeared from the public to
object. After some discussion, the Commission unanimously recommended approval of
this street vacation.
STAFF RECOMMENDATION
City staff recommends approval of this vacation request.
■ The act of vacating this street conforms to the comprehensive plan and does not
impact the neighborhood character or development.
■ The act of vacating this street will allow for vacating a no-longer needed right-of-
way and converting it to private access.
RESOLUTION NO. 2006-
RESOLUTION TO VACATE PORTION OF MADISON STREET, GENERALLY
LOCATED NORTH OF RICE CREEK TERRACE AND TERMINATING AT RICE CREEK
PARK, IN ORDER TO VACATE A NO-LONGER-NEEDED RIGHT-OF-WAY.
WHEREAS, the City has determined this portion of Madison Street to be a no longer
needed right-of-way; and
WHEREAS, this property is currently owned by the City of Fridley and is comprised of right-
of-way (ROV�; and
WHEREAS, the vacated land will be replaced with private driveways for, and as agreed to
by, the adjacent property owners at 617 Rice Creek Terrace and 625 Rice Creek Terrace;
and
WHEREAS, a public hearing was held on this matter by the Planning Commission on
November 15, 2006; and
WHEREAS, State Statute language in Chapter 505 provides the City with the right to vacate
land.
NOW, THEREFORE, BE IT RESOLVED that the City of Fridley vacate the following:
That portion of Madison Street N.E. as shown on the plat of Rice Creek Terrace,
Anoka County, Minnesota, Lot 1 Block 2 Rice Creek Terrace Plat 7, Subject to
easement of Rice Creek Terrace Plat 7 City of Fridley Lot 1 Block 2, Rice Creek
Terrace Plat 7- Subject to 6 ft utility and drainage easement along N line
_�:
Lot 3 Block 1 Rice Creek Terrace Plat 7, Subject to easement of Rice Creek Terrace
Plat 7 City of Fridley Lot 3 Block 1 Rice Creek Terrace Plat 7- Subject to 6 ft utility
and drainage easement along N line
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF DECEMBER 2006.
SCOTT LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
�
�
CffY OF
FRIDLEY
TO
FROM
DATE:
AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 4, 2006
William W. Burns, City Manager
Jon H. Haukaas, Public Works Director
December 4, 2006
I' 1• 1•:
SUBJECT: Resolution and Traffic Control Signal Agreement for TH 47 at 81st Avenue
The attached resolution and agreement sets the scope of work and identifies the payment split between MnDot
and the City of Fridley for the signal upgrade on TH 47 at 81st Avenue. This agreement is similar to the one
approved by the City Council in January 2006 for the signal system on TH 47 at Osborne Road.
The project includes a new signal system, new Emergency Vehicle Pre-emption, and illuminated signal
interconnect. The City of Spring Lake Park refused to cost share in the installation of internally street name
signs and so they will not be installed with this project.
The City's estimated share is $60,318.00 to be paid from our MSAS account. This will not have any affect on
the money available for our local off-system street projects.
Recommend the City Council adopt the resolution to approve the Traffic Control Signal Agreement No.
90119R between MnDot and the City of Fridley for signal system upgrades at TH 47 and 81st Avenue NE.
I :
Attachment
RESOLUTION NO. 2006-
RESOLUTION AUTHORIZING AN AGREEMENT FOR THE REPLACEMENT OF THE TRAFFIC
CONTROL SYSTEM ON UNIVERSITY AVENUE (TH 47) AND 81ST AVENUE NE
BE IT RESOLVED that the City if Fridley enter into a agreement with
the State of Minnesota, Department of Transportation for the following
purposes, to wit:
• Remove the existing Traffic Control Signal and install a new
Traffic Control Signal with Street Lights, Emergency Vehicle Pre-
emption, and Signing, on Trunk Highway No. 47 at 81St Avenue NE,
in accordance with the terms and conditions set forth and
contained in Agreement No. 90119R, a copy of which was before the
Council.
BE IT FURTHER RESOLVED that the proper City officers be and hereby are
authorized to execute such agreement and any amendments, and thereby
assume for and on behalf of the City all of the contractual
obligations contained therein.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 4�
DAY OF DECEMBER 2006.
SCOTT LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
CERTIFICATION
State of Minnesota
" County of Anoka
City of Fridley
I hereby certify that the foregoing Resolution is a true and correct
copy of the resolution presented to and adopted by the Council of the
City of Fridley at a duly authorized meeting thereof held on the 4`n
day of December, 2006, as shown by the minutes of the meeting in my
possession.
Debra A. Skogen, City Clerk
13
MINNESOTA TRANSPORTATION DEPARTMENT
TRAFFIC CONTROL SIGNAL
AGREEMENT NO. 90119R
BETWEEN
THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF FRIDLEY
AND
THE CITY OF SPRING LAKE PARK
TO
Remove the existing Traffic Control Signal and Install a new
Traffic Control Signal with Street Lights, Interconnect, Signing
and Emergency Vehicle Pre-emption on Trunk Highway No. 47
(University Avenue) at 81St Avenue NE in Fridley and Spring Lake
Park, Anoka County, Minnesota.
S.P. 0205-89
S.A.P. No.'s 183-101-010 and 127-339-04
Prepared by Metropolitan District Traffic Engineering
ESTIMATED AMOUNT RECEIVABLE
City of Fridley $60,318.00
City of Spring Lake Park $60,318.00
14
AMOUNT ENCUMBERED
None
Otherwise Covered
c
PARTIES
_ THIS AGREEMENT is entered into by the Minnesota
0
Department of Transportation, (State), and the City of Fridley,
(Fridley), and the City of Spring Lake Park, (Spring Lake Park).
RECITALS
Minnesota Statutes Section 161.20 authorizes the
Commissioner of Transportation to enter into agreements with any
governmental authority for the purposes of constructing,
maintaining and improving the Trunk Highway system.
The State has determined that there is justification
and it is in the public's best interest to remove the existing
traffic control signal and install a new traffic control signal
including street lights, interconnect and signing (Traffic
Control Signal) on Trunk Highway No. 47 (University Avenue) at
815t Avenue NE .
Fridley and Spring Lake Park request and the State
- agree to the installation of an Emergency Vehicle Pre-emption
0
System, (EVP System), as a part of the new Traffic Control
Signal installation.
90119R
-1-
15
It is considered in the public's best interest for the
State to provide one new signal service cabinet_with provisions _
for battery back-up operation, and one new traffic signal
cabinet with control equipment (State Furnished Materials) to
operate the new Traffic Control Signal.
Fridley, Spring Lake Park and the State will
participate in the cost, maintenance and operation of the new
Traffic Control Signal and EVP System.
CONTRACT
1. The State will prepare the necessary plan,
specifications and proposal, (Preliminary Engineering). The
State will also perform all necessary construction inspection,
(Construction Engineering).
2. The Cost of Construction, (Construction Cost)
consists of the contract cost of the work or, if the work is not
contracted, the actual cost of all labor, materials, and
equipment rental required to complete the work. A Preliminary .
SCHEDULE "I" is attached and incorporated into this Agreement.
0
The Preliminary SCHEDULE "I" includes all Fridley and Spring
Lake Park Construction Costs, and is based on engineer's
estimated unit prices and State-Furnished Materials lump sum
90119R
-2-
16
amounts. Construction Cost does not include the cost of
- providing the power supply to the service pole or pad.
0
3. The State, with its own resources or by contract,
will remove the existing traffic control signal and install a
new Traffic Control Signal and EVP System on T.H. No. 47
(University Avenue) at 81st Avenue NE pursuant to the plans and
specifications for State Project No. 0205-89 and State Aid
Project No.'s 183-101-010 and 127-339-04 with the Construction
Costs shared as follows:
a. Traffic Control Signal and EVP System.
Estimated Construction Cost is $200,000.00
State's share is 50 percent. Fridley's share
is 25 percent. Spring Lake Park's share is
25 percent.
b. State Furnished Materials. This cost is a
lump sum amount of $23,400.00. State's share
is 50 percent. Fridley's share is
� 25 percent. Spring Lake Park's share is
25 percent.
4. Upon execution of this agreement, award of the
Construction Contract, and receipt of State's written request,
Fridley and Spring Lake Park will make an advance payment to the
�,
90119R
-3- >
17
State of their project costs. Fridley's and Spring Lake Park's
project costs will be the sum of the following:
a. Fridley's and Spring Lake Park's share
(as specified in Paragraph 3), based on the
actual bid prices and the lump sum State
Furnished Material costs.
b. Eight percent of their share Lltem (a)
above] for the cost of Engineering and
Inspection.
5. Upon completion and final State acceptance of the
project, Fridley's and Spring Lake Park's final project costs
will be the sum of the following:
a. Fridley's and Spring Lake Park's share (as
specified in Paragraph 3), based on the
actual Construction Cost and the lump sum
State Furnished Materials costs.
b. Eight percent of their final share [Item (a)
above] for the cost of Engineering and
.
Inspection.
6. Fridley's and Spring Lake Park's estimated total
Construction Cost share and Construction Engineering costs are
$60,318.00 each, as shown in the attached Preliminary SCHEDULE
90119R
-4-
:
.
0
"I." The State will prepare a Revised SCHEDULE "I" based on
construction contract unit prices and lump sum State-Furnished
Materials cost. Upon execution of this Agreement, award of the
Construction Contract, and receipt of the State's written
request, Fridley and Spring Lake Park will advance to the State
their total estimated Construction Cost share, which does not
include the 8 percent Coristruction Engineering cost share, as
shown in the Revised SCHEDULE "I."
7. Upon completion and acceptance of the contract
construction and upon computation of the final amount due the
State's contractor, the State will prepare a Final SCHEDULE "I"
and submit a copy to Fridley and Spring Lake Park. The Final
SCHEDULE "I" will be based on final quantities, and include all
Fridley and Spring Lake Park Construction Cost, lump sum State-
Furnished Materials cost and Construction Engineering covered
under this Agreement. If the final cost of a party's
participation covered under this Agreement exceeds the amount of
funds advanced by that party, the party will, upon receipt of a
request from the State, promptly pay the difference to the State
without interest. If the final cost of a party's participation
covered under this Agreement is less than the amount of funds
90119R
-5-
�
advanced by that party, the State will promptly return the
balance to the party without interest. Pursuant to�Minnesota
Statutes Section 15.415, the State waives claim for any amounts
less than $5.00 over the amount of the County funds previously �
advanced to the State, and the County waives claim for the
return of any amounts less than $5.00 of those funds advanced by
either party.
8. Fridley will be responsible for the cost and
application to secure an adequate power supply to the service
pad or pole including any necessary extension of power lines.
Upon completion of this project, Fridley will thereafter pay all
monthly electrical service expenses necessary to operate the
Traffic Control Signal and EVP System.
9. Upon completion of this project, the
responsibility for the Traffic Control Signal is as follows:
a) Spring Lake Park will, at its cost and expense: (1) relamp
the new traffic control signal; (2) clean and paint the new
traffic control signal; and (3) clean the controller and service
cabinet; b) Fridley will, at its cost and expense: (1) maintain
the luminaires and all their components, including replacement
of the luminaire if necessary; (2) relamp the street lights; and
(3) clean and paint the luminaire mast arm extensions; and c)
90119R
-6-
2�
The State will, at its cost and expense, maintain the signing
- and interconnect, and perform all other traffic control signal
and s,treet light maintenance. Painting will be in accordance
• with Mn/DOT Standard Specification 2565.3T, unless approved by
the State`s District Traffic Engineer.
10. The EVP System will be installed, operated,
maintained, or removed in ac�ordance with the following
conditions and requirements:
a) All maintenance of the EVP System must be
done by State forces.
b) Emitter units may be installed only on
authorized emergency vehicles, as defined in
Minnesota Statutes Section 169.01,
Subdivision 5. Authorized emergency
vehicles may use emitter units only when
responding to an emergency. Fridley and
Spring Lake Park will provide the State's
Metropolitan District Engineer or his/her
designated representative a list of all
vehicles with emitter units, upon request.
c) Malfunction of the EVP System must be
reported to the Stat� immediately.
90119R
-7-
21
d) In the event the EVP System or its
components are, in the opinion of the State,
being misused or the conditions set forth in
Paragraph b above are violated, and such
misuse or violation continues after Fridley
and/or Spring Lake Park receives written
notice from the State, the State may remove
the EVP System. Upon removal of the EVP
System pursuant to this Paragraph, all of
its parts and components become the property
of the State.
e) All timing of the EVP System will be
determined by the State through its
Commissioner of Transportation.
11. All timing of the new Traffic Control Signal will
be determined by the State and no changes may be made except
with approval of the State.
12. Each party will be solely responsible for its own ,
acts and omissions, and the results thereof, to the extent
authorized by law. The State's liability is governed by the
Minnesota Tort Claims Act, Minnesota Statutes Section 3.736.
90119R
-8-
22
Each party will be solely responsible for its own employees for
- any Workers Compensation Claims.
13. Upon execution and approval by Fridley, Spring
Lake Park and the State and completion of the Construction work
provided for herein, this agreement will supercede and terminate
Agreement No. 60729, dated February 12, 1982, between the
parties.
14. Upon execution and approval by Fridley, Spring
Lake Park and the State and completion of the Construction work
provided for herein, this agreement will supercede and terminate
the operation and maintenance terms of Agreement No. 67929, �
dated June l5, 1992 for the intersection of T.H. No. 47
(University Avenue)) at 81St Avenue NE, between Fridley and the
State.
15. Any amendment to this Agreement must be in
writing and will not be effective until it has been executed and
approved by the same parties who executed and approved the
- original Agreement, or their successors in office.
16. If any party fails to enforce any provisions of
this Agreement, that failure does not waive the provision or its
right to enforce it.
0
90119R
-9-
23
17. This Agreement contains all negotiations and
agreements between the parties. No other understanding
regarding this Agreement, whether written or oral, may be used
to bind either party.
18. Minnesota law governs this contract. Venue for
all legal proceedings arising out of this Agreement, or its
breach, must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
19. This Agreement is effective�on the date the State
obtains all required signatures under Minnesota Statutes 16C.05,
Subdivision 2, and will remain in effect until terminated by `
written agreement of the parties.
20. Authorized Agents
a. The State's Authorized Agent for the purpose of the
administration of this Agreement is Allan Espinoza,
�__ Metropolitan Traffic Design Services, or his
successor. His current address and phone number are
1500 West County Rd. B2, Roseville, NII�T 55113,
(65Z) 634-2127.
90119R
-10-
24
b. Fridley's Authorized Agent for the purpose of the
_ administration of this Agreement is Mr. Jon Haukaas,
�
�
City Engineer/Public Works Director, or his successor.
H'is current address and phone number are 6431
University Avenue, NE, Fridley, MN 55432-4383 (763)
572-3551
C. Spring Lake Park's Authorized Agent for the purpose
of the administration of this Agreement is Ms.
Barbara Nelson, City Administrator or her successor.
Her current address and phone number are 1301-815t
Avenue, NE, Spring Lake Park, MN 55432-2188
(763) 784-6491
90119R
-11-
25
RECOMMEND FOR APPROVAL:
City Attorney
CITY OF FRIDLEY
By:
Date:
�
Date:
90119R
-12-
26
Mayor
City Manager
0
�
CITY OF SPRING LAKE PARK
RECOMMEND FOR APPROVAL:
City Attorney
By:
Mayor
Date:
By:
City Clerk
Date:
90119R
-13-
27
DEPARTMENT OF TRANSPORTATION
RECOMMEND FOR APPROVAL:
Metropolitan District
Engineer
COMMISSIONER OF ADMINISTRATION
As delegated to Materials
Management Division
By:
Date:
DEPARTMENT OF TRANSPORTATION
By.
State Design Engineer
Date:
As to form and execution:
By.
Contract Management
Date:
90119R
-14-
28
RESOLUTION
BE IT RESOLVED that the City of Fridley enter into an
' agreement with the State of Minnesota, Department of
Transportation for the following purposes, to wit:
To remove the existing Traffic Control Signal and
install a new Traffic Control Signal with Street
Lights, Interconnect, Signing and Emergency Vehicle
Pre-emption on Trunk Highway No. 47 (University
Avenue) at 815t Avenue NE in accordance with the terms
and conditions set forth and contained in Agreement
No. 90119R, a copy of which was before the Council.
BE IT FURTHER RESOLVED that the proper City officers
be and hereby are authorized to execute such agreement and any
amendments, and thereby assume for and on behalf of the City all
of the contractual obligations contained therein.
CERTIFICATION
State of Minnesota
City of Fridley
I hereby certify that the foregoing Resolution is a
true and correct copy of a resolution presented to and adopted
by the Council of the City of Fridley at a duly authorized
meeting thereof held on the day of , 2006,
' as shown by the minutes of said meeting in my possession.
(Seal)
�
Title.
29
RESOLUTION
BE IT RESOLVED that the City of Spring Lake Park enter into
an agreement with the State of Minnesota, Department of _
Transportation for the following purposes, to wit:
To remove the existing Traffic Control Signal and
install a new Traffic Control Signal with Street
Lights, Interconnect, Signing and Emergency Vehicle
Pre-emption on Trunk Highway No. 47 (University
Avenue) at 81St Avenue NE in accordance with the terms
and conditions set forth and contained in Agreement
No. 90119R, a copy of which was before the Council.
BE IT FURTHER RESOLVED that the proper City officers
be and hereby are authorized to execute such agreement and any
amendments, and thereby assume for and on behalf of the City all
of the contractual obligations contained therein.
CERTTFICATION
State of Minnesota
City of Spring Lake Park
I hereby certify that the foregoing Resolution is a
true and correct copy of a resolution presented to and adopted
by the Council of the City of Spring Lake Park at a duly
authorized meeting thereof held on the day of ,
2006, as shown by the minutes of said meeting in my possession.
(Seal)
�
Title.
30
�
�
CffY OF
FRIDLEY
TO:
FROM:
DATE:
AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 4, 2006
William W. Burns, City Manager�l �
�f "
Jon . Haukaas, Public Works Director
December 4, 2006
PW06-070
SUBJECT: Resolution Authorizing an Agreement for 8Sh Ave. Trail R. R. Crossing
The attached resolution authorizes the City to enter into an agreement with the BNSF Railway Company to have
them install a trail crossing at the rail intersection on 85th Avenue for our 85�' Ave. Trail project. This agreement
will allow this project to once again move forward to construction in 2007.
The 85�' Avenue Trail project is 80% funded through a Federal Transportation grant with the 20% local match
funded by our MSAS account. The total cost for the trail crossing and associated relocations of signal
components is $90,744.00. This is within the range of budgeted costs on this project.
Recommend the City Council adopt the attached resolution to enter into a agreement with the BNSF Railway
Company for the installation of a trail crossing along 85�' Avenue.
JHH:JB
Attachment
31
RESOLUTION NO. 2006 -
RESOLUTION AUTHORIZING AN AGREEMENT FOR THE INSTAI,LATION OF A TRAIL
CROSSING OVER THE BNSF RAILROAD TRACKS ALONG 85T� AVENUE NE
BE IT RESOLVED that the City of Fridley enter into an agreement with the
BNSF Railway Company, for the following purposes, to wit: _
Extend the existing crossing surface of each of 2 tracks by 16
feet, relocate existing active warning device signal equipment, .
and relocate existing telecommunications equipment, all to
accommodate a new bike trail project at this location; in
accordance with the terms and conditions set forth and
contained in the Crossing Surface Installation Agreement, a
copy of which is attached.
BE IT FURTHER RESOLVED that the proper City officers be and hereby are
authorized to execute such agreement and any amendments, and thereby assume
for and on behalf of the City all of the contractual obligations contained
therein.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 4TH DAY
OF DECEMBER, 2006.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
CERTIFICATION ,
State of Minnesota
County of Anoka
City of Fridley
I hereby certify that the foregoing Resolution is a true and correct copy �
of the resolution presented to and adopted by the Council of the City of
Fridley at a duly authorized meeting thereof held on the 4th day of
December, 2006, as shown by the minutes of the meeting in my possession. _
Debra A. Skogen, City
32
LAW DEPARTMENT APPROVED
CROSSING SURFACE INSTALLATION AGREEMENT
BNSF RIGHT-OF-WAY
CITY OF FRIDLEY, MN 85� AVE.
DOT #082806C
LS 25, MP 19.46
This Crossing Surface Installation Agreement (hereinafter called, this "Agreement") is entered into
effective as of , 200� by and between The City of Fridley, Minnesota (hereinafter called,
"Agency") and the BNSF Railway Company (hereinafter called, the "Company").
WHEREAS, Company operates a freight transportation system by rail with operations throughout
the United States and Canada; and
WHEREAS, Agency desires to extend the existing crossing surface for a bike trail project at DOT#
082806C. LS 25, MP 19.46, at 85�' Avenue in Fridley, MN. Crossing will be extended by 16' on each
track, for a total of 32';
WF�REAS, Agency desires to re-locate the existing signal equipment, (active warning devices), to
accommodate the new bike trail at DOT# 082806C, LS 25. MP 19.46, at 85`� Avenue in Fridley, MN;
WI�REAS, Agency desires to re-locate the existing telecommunications equipment, to
accommodate the new bike trail at DOT# 082806C. LS 25, MP 19.46, at 85`� Avenue in Fridley, MN;
NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties
contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
1. Comuanv Work. The Company will extend the concrete crossing surface by 16' on
each track and re-locate the signal electrical box and telecommunications box. Work to be performed
according to attached cost estimates. The Company will perform all necessary track upgrades to
accommodate the crossing surface, signals and telecommunication equipment.
2. Payment; Invoicin�. Upon execution of this Agreement by both parties hereto,
Company will send Agency an invoice detailing the total amount owed by Agency for the RR work.
Agency agrees to pay Company the actual cost for the crossing surface, signal re-location and
telecommunication equipment relocation. Cost estimates attached.
3. Maintenance of the Crossing Surface. After installation of the new crossing surface is
completed, the Company will maintain, at its own cost and expense, the crossing surface in a satisfactory
manner. Notwithstanding the preceding sentence, the Company shall be entitled to receive any
contribution toward the cost of such maintenance made available by reason of any existing or future laws,
ordinances, regulations, orders, grants, or other means or sources.
4. Vehicular Traffic durin� Installation. The Agency shall provide, at its own cost and
expense, all necessary barricades, lights or traffic control devices for detouring vehicular traffic at the
crossing during installation of the new crossing surface.
5. Draina�e. The Agency agrees to allow the Company to drain water from the crossing
area into existing Agency storm sewers, if such storm sewers are available. Drain pipes and filter fabric
Form 0108 Rev. 10/04
33
LAW DEPARTMENT APPROVED
necessary for such drainage will be furnished and installed by the Company.
6. Roadwav Surfacin� Work. The Agency agrees to pave the bike trail up to the crossing
surface at its sole cost and expense.
7. Term. This Agreement begins on the effective date set forth above and remains in effect
until completion of all work contemplated in this Agreement and Agency's payment of the amounts set
forth in Section 2 above. �
�.1 WITNESS WI�REOF, the parties hereto have caused this Agreement to be executed and attested by
its duly qualified and authorized officials as of the day and year first written above.
COMPANY:
BNSF Railway Company:
By:
Printed Name:
Title:
AGENCY:
The City of Fridley, Minnesota
By:
Printed Name:
Title:
By:
Printed Name:
Title:
Form 0108 Rev. 10/04
34
0
-----------------------------------------------------------------------------------------------------------------------
*'x** MAINTAIN PROPRIETARY CONFZDENTIALITY x*•**
-----------------------------------------------------------------------------------------------------------------------
THE B. N. S. F. RAILWAY COMPANY
FHPM ESTIMATE FOR
CITY OF FRIDLEY
--------------------------------------------------------------------------------------------------------------------------
LOCATION:— MP A6.3 TO COON CREEK DETAILS OF ESTIMATE PLAN ITEM: PSI082806C VERSION: 1
-------------------------------------------------------------------------------°---------------------°--------------------
PURPOSE, NSTIPICATION AND DESCRIPTION
SIGNAL COST ESTIMATE TO RELOCATE EXISTING POWER SUPPLY AT BSTH AVE IN COON RAPIDS, MN.
TWIN CITIES DIV., STAPLES SUBDIV., L/S 0025, M.P. 19.46, DOT # 082806C
MONTHLY POWER UTILITY COST CENTER : 61740
THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTIVE PACKAGES USED FOR ESTIMATZNG PURPOSE
ONLY.
THEY CAN BE EXPECTED TO CHANGE AFTER THE ENGINEERING PROCESS, DETAILED AND ACCURATE
MATERIAL LISTS WILL BE FURNISHED WHEN ENGINEERING IS COMPLETED.
CONTINUING CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF
RAILROAD.
THIS ESTIMATE IS GOOD FOR 90 DAYS. THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST
FOR LABOR, MATERIAI„ AND OVERHEAD.
�++t++++<+a+�++�+r++r++<+i+++r+ SIGNAL WORK ONLY **++*r+�a+tr++*++�:++�+*+r+:+r+
THE CITY OF FRIDLEY IS FUNDING THIS PROJECT 100%.
MAINTAIN PROPRIETARY CONFIDENTIALITY.
DESCRIPTION
--------------------------------------
+«#*•...r+
LABOR
++�t+.++++
SZGNAL FIELD LABOR — CAP
PAYROLL ASSOCIATED COSTS
EQUIPMENT EXPENSES
DA LABOR OVERHEADS
INSURANCE EXPENSES
TOTRL LABOR COST
�.+.�+t...
MATERIAI,
.+r++++t++
CABLE
MISC. WIRE MATERIAL
SINGLE LOW CASE
SPLICE KIT
USE TAX
OFFLINE TRANSPORTATION
TOTAL MATERIAI, COST
.�..�.�.�.
OTHER
..++++�+t+
CONTRACT ENGR.
QUANTITY U/M COST TOTAL 5
448.00 MH 9,776
7,686
2,447
8,602
1,591
----------- -----------
30,952 30,452
1.00 EA N
1.00 EA N
1.00 EA N
2.00 EA N
1.00 EA N
TOTAL OTHER ITEMS COST
PROJECT SUBTOTAL
CONTINGENCIES
BZLL PREPARATION FEE
GROSS PROJECT COST
LESS COST PAID BY BNSF
TOTAL BILLABLE COST TO RELOCATE SIGNAL EQUIPMENT
TOTAL BILLABLE COST TO EXTEND 2—TRACKS BY 16' EACH FOR CROSSING SURFACE
TOTAL BILLABLE COST TO RELOCATE EXISTING TELECOMMUNICATIONS EQUIPMENT
TOTAL BILLABLE COST FOR PROJECT
35
900
300
2,458
200
299
96
9,203
4,203
2,500
----- -----------
2,500 2,500
37,155
3, "715
205
91,075
0
91,075
32,000
s,000
$62,075
�
�
CRY OF
FRIDLEY
AGENDA ITEM
COUNCIL MEETING OF DECEMBER 4, 2006
CL.AIMS
129401 -129683
36
� AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 4, 2006
�°F LICENSES
FRIDLEI'
�
�
CffY OF
FRIDLEI'
AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 4, 2006
ESTI MATES
Dave Perkins Contracting, Inc.
14230 Basalt Street N.W.
Ramsey, MN 55303
73 '/z Avenue Street Improvement
Proj ect No. ST. 2005 - 3
FINAL ESTIMATE .................
Concrete Idea
13961 — 44th Lane N.E.
St. Michael, MN 55376
.............................................. $ 4,685.72
Miscellaneous Concrete ProjectNo. 365
FINAL ESTIMATE ...................................................................... $ 4,208.87
Greystone Construction Company
500 S. Marschall Road, Suite 300
Shakopee, MN 55379
Salt and Sand Storae Building Project #369
FINAL ESTIMATE - Invoice No. 6480 ......
Greystone Construction Company
500 S. Marschall Road, Suite 300
Shakopee, MN 55379
Salt and Sand Storae Building Project #369
Invoice No. 6478 .........................................
............................ $ 5,481.05
$ 61,408.00
�
�
CffY OF
FRIdLEY
T0:
FROM:
AGENDA ITEM
COUNCIL MEETING OF DECEMBER 4, 2006
WILLIAM W. BURNS, CITY MANAGER
RICHARD D. PRIBYL, FINANCE DIRECTOR
SUBJECT: PUBLIC HEARING FOR THE 2006 BUDGET
DATE: NOVEMBER 30, 2006
The attached 2007 Notice of Proposed Total Budget and Property Taxes was published in the Fridley
Focus on November 30, 2006. This information was published in accordance with the "Truth in
Taxation" requirements and also provides property owners with information regarding the City of
Fridley's Budget for 2007. The public is invited and allowed to speak and ask questions concerning
the budget and proposed property taxes.
RDP/me
Attachment
Notice of Proposed
Total Budget and Property Taxes
The Fridley City Gouncil will hold a public hearing on its budget and on the
amount of pro�erry taxes it is pr�posing to collect to pay for the costs of services
the City will �rovide in 2007.
SPENDING: The total budget amounts below compare the Gity's 20Q6 total
actual b�adget with the am�unt the City proposes to spend in 2007.
2Q06 Total Proposed 2007 Change from
Actual Budaet Budget 2006 — 2007
$18,353,407 $17,852,706 <2.8%>
TAXES: The pr�perty tax amounts below compare that portion of the current
budget levied in pr�perty taxes in the City of Fridley for 2006 with the property
taxes the City proposes to coliect in 2007.
2006 Property Proposed 2007 Change fr�m
Taxes Property Taxes 2006=2007
$8,757,188 $9,200,426 5.1%
LOCAL TAX RATE COMPARISON: The following campares the City's current
local tax rate, the City's tax rate for 2007 if no tax levy increase is adopted, and
the City's proposed tax rate for 2007.
2Q06 2007 Tax Rate if 2007 Proposed
Tax Rate NO Levy Increase Tax Rate
31.941 % 29.620% 31.382%
Attend the Public Hearing
All Fridley City residents are invited to attend the public hearing of the City
Counc;il to express their opinions on the budget and on the proposed amo�ant of
20�7 property taxes. The hearing will be held on:
Monday, December 4, at 7:30 �.m.
Fridley City Hall
6431 University Ave NE, Fridley, MN
If the discussion of the budget cannot be completed, a time and place for
continuing the discussion will be announced at the hearing. You are also invited
to send your written comments to;
City af Fridley, City Manager
6431 University Ave NE, Friclley, MN 55432
�
�
CffY OF
FRIDLEY
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
DECEMBER 4, 2006
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Debra A. Skogen, City Clerk
November 30, 2006
Continued Public Hearing on Liquor License to William Bisek for JWBB Inc. dba
Baggans Pub, located at 3720 East River Road, Fridley, Minnesota
The Fridley City Council held a public hearing on November 13, 2006, pertaining to an application
for a liquor license to William Bisek to operate JWBB Inc dba Baggans Pub, located at 3720 East
River Road, Fridley, Minnesota.
During the public hearing there were concerns about whether the kitchen was ready to operate a
restaurant and how the requirements for the food to liquor ratio would be met with the operation of
the Oops Theater and Catering Services with Joe Vitale.
Attachment 1 is an update from Anoka County in reference to the kitchen. The Building and
Mechanical Inspectors are concerned there appears to be no heat in the restaurant side of the
establishment and permits need to be applied for to complete the remodeling of the kitchen to ensure
that it is up to code.
Staff recommends continuation of the public hearing.
DATE: Navember 30, �D��
TQ: aeb �I�ogan
VCl�CE:
FAX: 763-50�-4'�5�,
.
� ►
�� � ���!►1. �. � � �.�/' � � �
Comrnun�ty �iealth and En�iraziz�ental Servi.ces Deparhr�ent
C�overnment Center - Roam. 360
2100-3rd A.venua
t�nolca, Ml*T SS3Q3
(763)42�-706� Qr (7�3)422-70�3
PAG E 1 �f 1
��QM: �u� Goepfert
V!Q�C�: (763) 4�2-70fi9
FAX: {7�3� 323-��.5Q
Deb,
I visit�d th� Saggins Pub/Opps The�ter location Wednesday ].Z/29/06
�'hey h�v� made �reat progr�5s on the kl�chen r�Furbi�hing. Th� wall bo�rd repf�c�ment/cl��ning
is almpst complete. Th�ey stilf have a Few are�s in the back part af th+� ki�chen tha� a�e not finish�d.
Masfi of th� ceil�ng iii�s have t�een r�placed �nd new lighting h�s been installed. Again, there ar�
still a few �reas in th� back part of the kitch�n that �re nat cornplete, All �f �he cooking and co1�
halding �quipm�nt has b�en s�nt �ut for cleaning �nd recQr�ditionin9, Bill thaught it woul� b�
ret�rned in about a w�ek. He assured me tha� item� that could r�at b� reconditianed would be
replaced. He als4 show�d me an estimate for som� new re�Frig�ratic�n units he plans to buy� The
existing walk in cool�r and fr��zer ar� no� usabl� sa he will hav� ta provide other re�rigeration priar
tQ ap�ning. A dishwasher h�s b��n brought in and is w�iting �o be ins�alled. The bar in the theat�r
area is afmost cpmplete. Generally, caulking and additiona! cieaning 1s a11 th�� is needed in this
area. Th� bar in th� so�th�rn par� of th� bullding s�ill n��ds som� additianal work �n the flQar and
some new e�uipmen� pur�hased,
B11i has indicat�d �hat he would lik� �owo k thatQS eft to be don�,�� d'�� hpn�k th�ais�an n th�
pragress that h�s been made �nd the
unr�asan�ble go�l.
I�et me know if you h�ve any �ther questions.
Sue GC1�pf�ttr R�HS
Anoka County �nviranm�n�al Servi��s Qep�rtment
� � � ��� ��., Wd I.S6b 64900Zl0£/4L:a��Q I./6:a��'c!. "� OS69£Z££9L'wo�� „� "� "� ���, ��r �� �.,
�
�
CffY OF
FRIdLEY
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 4, 2006
William W. Burns, City Manager
Jon H. Haukaas, Public Works Director
December 4, 2006
Continued Public Hearing ST2007-1
PW06-071
A Public Hearing was opened at the Councils November 13, 2006 meeting to receive resident comment on
the proposed 2007 Street Reconstruction Proj ect. That Public Hearing was continued to the December 4, 2006
meeting to allow for additional Publication of Notice on this improvement to meet the state rules on assessed
proj ects.
Recommend the City Council continue the Public Hearing for Project No. ST2007-1 to receive additional
input.
I '
�
�
CffY OF
FRIDLEY
Date:
To:
From:
Subj ect:
AGENDA ITEM
CITY COUNCIL MEETING OF
DECEMBER 4, 2006
November 30, 2006
William Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Second Reading of Text Amendment TA #06-02, Appeals Commission Substitutes
Background
On November 13, 2006, the City Council tabled discussion of text amendment TA# 06-02, regarding
establishing procedures for Appeals Commission substitutes due to a discrepancy in a different section of
Chapter 6. The discrepancy is that the language states in one paragraph that there are three at-large Planning
Commission members and two in the following paragraph. The correct number is three at-large members.
The attached revision reflects this correction.
Since the November 13 meeting, Councilmember Billings brought some additional discrepancies in Chapter
6 to staff's attention that are a result of correcting at-large commission member numbers. The change in the
number of at-large commission members is a result of an earlier text amendment related to the elimination of
the Human Relations Commission. Staff has therefore, incorporated the needed corrections into this text
amendment. The attached revision contains new sections to the text amendment under consideration, which
was initiated this year to codify staff's method of obtaining Appeals Commission member substitutes.
Despite the changes, we feel confident that the public record throughout the review process of this text
amendment adequately explains why the text was changed during the second reading. Staff has conferred
with the City Attorney on this situation. Mr. Knaak agrees that such changes should be made at the first
reading, but avoiding an entirely new text amendment for such a minor change is reasonable. He suggests
that the City Council make an additional motion prior to approving the te�t amendment, approving the new
additional language in the text amendment.
Recommendation
Staff recommends that the City Council first consider a motion approving the amended language in Section
6.03.04 and 6.06.02 Then, in a separate motion, the City Council can take action to approve the second
reading of the ordinance approving attached text amendment TA #06-02 regarding both the at-large Planning
Commission members and the Appeals Commission substitute procedure at the December 4 City Council
meeting.
M-06-140
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 6, COMMISSIONS, OF THE FRIDLEY CITY CODE
CORRECTING NUMBER OF PLANNING COMMISSIONERS AND PROVIDING FOR
SUBSTITUTE MEMBERS ON THE APPEALS COMMISSION
The City Council of the City of Fridley hereby finds, after review, examination and recommendation of
staff, that the Fridley City Code be hereby amended as follows:
FRIDLEY CITY CODE
CHAPTER 6. COMMISSIONS
Section 1: That Section 6.03.04.B of the Fridley City Code be hereby amended as follows:
6.03 PLANNING COMMISSION
4. Membership of Planning Commission
A. The Planning Commission shall consist of the Planning Commission chairperson, the
chairperson of the Parks and Recreation Commission, the chairperson of the Appeals
Commission, the chairperson of the Environmental Quality and Energy Commission, and three
(3) members-at-large. (Re£ 871, 937, 1169 and 1173)
B. The chairperson of the Planning Commission and �e-(�3 three 3 members-at-large
shall be appointed by the City Council to serve for three-year terms as voting members of the
commission. The City Council shall stagger the appointments so that no more than�€-�� twa
(2� ofthese appointments shall expire in any one (1) year. Nothing herein shall prohibit any of
these � four Planning Commission members from serving on other commissions; however,
none of these � four shall be elected as chairperson or vice-chairperson of the member
commissions. (Re£ 937)
C. The Planning Commission members serve as chairperson of the member
commissions and are appointed according to provisions outlined in the ordinance
establishing each member commission.
D. The Planning Commission shall each year, from their e�, members (exeept the
Appeals CommissiQn Representative)', choose a vice-chairperson. At any meeting of the
Planning Commission, if the regular chairperson is unable to attend, the vice-chairperson
shall act as chairperson. (Ref. .705)
E. At any meeting of the Planning Commission, if any commission member is
unable to attend, the vice-chairperson of his/her member commission(s) may serve in
his/her stead. (Ref. 863, 871)
Section 2: That Section 6.06.1 of the Fridley City Code be hereby amended as follows:
6.06 APPEALS COMMISSION
Title.
The Council hereby creates an Appeals Commission to serve as the Board of Appeals and Adjustments
and to exercise all authority and perform all functions of said Board pursuant to Minnesota Statutes
Sections 462351 to 462364. (1980)
2. Substitute Members.
And the rest of this section shall be renumbered accordin�v.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY
OF 2006.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
First Reading: August 28, 2006
Second Reading: December 4, 2006
Published:
�
�
CffY OF
FRIDLEI'
TO:
FROM:
DATE:
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 4, 2006
William W. Burns, City Manager
Jon H. Haukaas, Public Works Director
Layne Otteson, Assistant Public Works Director
December 4, 2006
2006 Street Improvement Proj ect - Change Order #3
I:,L�L17E17Z�
Attached is Change Order No. 3 for the 2006 Neighborhood Street Improvement Proj ect No. ST. 2006-1. This
change order combines several requests from Park Construction since the last change order. The requests
generally are due to extra work for private driveways, drainage corrections, gate valve box repair, and other
miscellaneous items. Each request has been reviewed and approved by City staff. The total cost for the extra
work is $46,342.55 and is comprised of the following items:
Request #19
Park Construction Company was required to remove and dispose of a 36" diameter elm tree on 64th Avenue.
The cost for this work is $1,561.70
Request #20
Park Construction Company was required to repair a damaged gate valve box top section on Madison Street at
Rice Creek Terrace. Park Construction Company also repaired the damaged gate box top section located at
Jackson Street and Clover Place. The cost for this work is $447.32
Request #21
Park Construction Company was required to rent special equipment to remove oversized material from the
existing topsoil in the Community Park Ball Fields. The cost for this work is $213.00
Request #22
Park Construction Company was required to remove the concrete driveway approach aprons for 831 and 841—
66th Avenue due to sharp grades. Also removed the concrete curbcut for a rain garden that was rej ected by the
homeowner. The cost for this work is $879.41
Request #23
Park Construction Company was required to remove unsuitable base material on Washington Street. The cost
for this work is $1,762.26
Request #24
Park Construction Company was required to dispose of 127 LF. concrete curb and gutter for grade corrections
at Jackson / 64th Ave., Madison, Washington, Kennaston and Overton Streets. The cost for this work is $505.98
Request #25
Park Construction Company was required to dispose of 43 S.Y. of concrete from the driveway correction at
720 Overton Drive. The cost for this work is $383.48
Request #26
Park Construction Company was required to remove concrete curb and gutter / concrete walk from rej ected rain
garden locations and existing NE corner of Mississippi and Able. The cost for this work is $507.09
Request #27
Park Construction Company was required to install an owner provided light fi�ture for 225 — 69th Place and also
reconnect to source of power. Reconnect source of power from house to garage for 6360 Jackson Street. The
original connection was embedded in the garage concrete apron that was removed during reconstruction. The
cost for this work is $1,615.04
Request #28
Park Construction Company was required to construct private driveways included in schedule "F". The actual
quantities were in excess of the estimated quantities on the original bid. In signing the Driveway Replacement
Form, the property owners agreed to the costs for all extra work These quantities are itemized and the City is
reimbursed by the property owners. The total cost for this additional work is $31,036.00
Request #29
Park Construction Company was required to remove and replace six damaged gate valve box assemblies that
had been damaged over the years. Replacement required excavation down to watermain depth. The cost for this
work is $3,586.45
Request #30
Park Construction Company was required to saw and remove bituminous pavement due to drainage revisions
are various intersections as listed: Bennet Street & Quincy Street, Madison Street & Washington Street, Overton
Drive & 68th Avenue, and 69th Avenue & 69th Place. The cost for this work is $4,808.88
Request #31
Park Construction Company was required to install MVWE Bituminous Wear Course Mixture due to drainage
revisions at various intersections as listed: Bennet Street & Quincy Street, Madison Street & Washington Street,
Overton Drive & 68th Avenue, and 69th Avenue & 69th Place. The cost for this work is $8,802.20
Request #32
Park Construction Company was required to furnish and install planting mixture for backfilling of a rain garden
excavation at 6330 Jackson Street. The cost for this work is $607.77
Request #33
Park Construction Company and the City negotiated a credit of $3.25 per square yard of 6" Concrete Driveway
Pavement w/ 4" Class 5 Aggregate. Park Construction requested the salvaging of existing granular base for the
concrete aprons being reinstalled rather than importing 4" Class 5 aggregate. The credit for this work is
$10,374.00.
Recommend the City Council approve Change Order #3 to Park Construction in the amount of $46,342.55. The
revised contract amount is now increased to $3,200,651.02
LRO; j b
Attachments
CITY OF FRIDLEY
ENGINEERING DEPARTMENT
6431 UNIVERSITY AVENUE N.E.
FRIDLEY, MN 55432
Park Construction Company
6431 University Ave. NE
Fridley, MN 55432
SUBJECT: Change Order No. 3— 2006 Street Improvement Project No. ST2006-1
Gentlemen:
December 4, 2006
You are hereby ordered, authorized, and instructed to modify your contract for the 2006 Street Improvement
Project No. ST2006-1 by adding the following work:
Request No. Item Description Cost
19 Removed and dispose of 36" Elm tree and stump $1,561.70
20 Repair damaged gate valve box top section and gate box top on Jackson. $447.32
2� Rent special equipment to remove oversized material from existing topsoil $213.00
at Community Park Ball Fields.
Removed concrete approach aprons from 831 and 841 66th Ave. and
22 removed rain garden from curb cut. $879.41
23 Removed unsuitable base material on Washington Street $1,762.26
Dispose of 127 L.F. of concrete, curb and gutter 64th Ave., Madison,
24 Washington, Kennaston and Overton Streets. $505.98
25 Disposed of 43 S.Y. of concrete debris from 720 Overton Drive. $383.48
Removed concrete, curb and gutter/concrete walk from rejected rain
26 garden locations — NE corner of Mississippi and Able. $507.09
Install homeowners light fixture on 225 69th Place and reconnect power.
27 Reconnect power from garage to house at 6360 Jackson Street. $1,615.04
Extra work requested by property owners in conjunction with construction
2$ of private driveways. $31,036.00
29 Removed and replaced six damaged gate valve box assemblies. $3,586.45
Saw and remove bituminous pavement due to drainage revisions at
30 various intersections. $4,808.88
Install MVWE Bituminous Wear Course Mixture due to drainage revisions
31 at various intersections as listed. Total of 80 tons $8,802.20
Furnish and install topsoil of a rain garden excavation at 6330 Jackson
32 Street $607.77
Credit of $3.25 per square yard of 6" Concrete Driveway Pavement W/ 4"
33 Class 5 Aggregate $-10,374.00
TOTAL � $ 46,342.55
Submitted and approved by Jon H. Haukaas, Public Works Director, on the 4th day of December, 2006.
Jon H. Haukaas, P.E.
Director of Public Works
Approved and accepted this day of , 2006_by
Park Construction Company.
Approved and accepted this day of , 2006 by
CITY OF FRIDLEY
Scott J. Lund, Mayor
Wlliam W. Burns, City Manager
�
�
CffY OF
FRIDLEI'
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 4, 2006
William W. Burns, City Manager
John Crelly, Assistant Chief
November 27, 2006
Reinstating the rental license for 6571 Channel Road
On June 26, 2006, City Council voted 5 to 0 to revoke the 2005 - 2006 rental license for 6571
Channel Road. The owner was notified in writing on June 28, 2006, as to the status of the
rental license. In addition, the owner received details on how to get the rental license
reinstated.
To date the property owner, Hyder R. Jaweed, has complete the following steps:
1
2
3
4
5
Corrected all open correction items documented at 6571 Channel Road by Inspector
Long. This was completed on November 21, 2006.
Staff verified that no other department in the City has any open issues associated with
6571 Channel Road.
All fees and utility bills have been paid in full.
The owner has submitted a new application for a 2005 - 2006 Residential Rental
Property License and paid the fee to reinstate the license.
NOTE: The owner has applied for a 2006 — 2007 license which runs from October 1,
2006, to September 31, 2007.
The owner has completed all the steps listed in the June 28, 2006, letter. Staff recommends
that the 2005 — 2006 rental license for 6571 Channel Road be reinstated. In addition, we
recommend that the application for a 2006 — 2007 1icense be approved.
�
�
CffY OF
FRIDLEI'
To:
From:
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 4, 2006
William W. Burns, City Manager
John Berg, Fire Chief
November 16, 2006
Rescue Truck Bid
In 2006 and 2007, the Fire Department budgeted $80,000 each year for replacement of a
"heavy rescue" and "grass truck" with two "medium duty" rescue trucks.
Earlier this fall, we proceeded to bid the truck that was budgeted for 2006. After reviewing
the bids, we determined that it would be more cost effective to bid both the 2006 and 2007
units as a package.
The bids were opened on October 30. Of the five vendors who bid the bodies, the bid by
General Safety was the lowest at $62,595 per body. The bids include the modular truck body,
emergency lights, and graphics for both vehicles.
Although we gave the vendors the option of bidding both the "boxes" and the cab and chassis,
we have determined that it is advantageous for the City to buy the cabs and chassis from the
State bid. We have listed the vendors' bids for the body/cab and chassis option in the second
column.
Bidder
Conway Fire Apparatus
Fort Garry
General Safety
North Central Ambulance
Rescue Vehicles of Iowa
Bodv
No Bid
$75,350.00
$62,595.00
$66,500.00
$76,025.00
Bodv & Chassis Option
No Bid
$114,608.00
$99,759.00
$94,477.00
$111,368.00
By buying the two cabs and chassis from the State bid, we will spend $58,548.60. By adding
the bid for the two bodies ($62,595 x 2=$125,190) to this total, we arrive at a total cost of
$183,738.60. This amount is less than what we would have paid to North Central Ambulance
for the body and chassis option. It is, however, $23,738 more than the budgeted amount for
both vehicles.
Staff's recommendation to the City Council is to receive the bids from October 30, 2006, and
award the bid to General Safety Fire Apparatus of Wyoming, Minnesota, for the production of
two completed rescue truck apparatus, for the total sum of $125,190.00.
Firef/ghting Terhnology
CONTRACT
This agreement made by and between GENERAL SAFETY EQUIPMENT, Wyoming,
Minnesota, Party of the First Part, hereinafter called the COMPANY and THE CITY OF
FRIDLEY, MN Party of the Second Part, hereinafter called the BUYER.
Witnessed that the Company agrees to sell upon the conditions which are written below, the
apparatus and equipment per the General Safety Equipment Proposal, all of which axe to be in
accordance with the proposal specifications and guarantees, and which are made a part of this
agreement and contract.
Delivery; The delivery time for the two (2) completed apparatus is to be made within 240
calendar days or sooner after receipt of and approval of this contract duly executed, subject to
causes beyond the Company's control. The quoted delivery time is based upon our receipt of the
specified materials required to produce the apparatus in a timely manner. The Company can not
be held responsible for delays due to Acts of God, Labor Strikes, or Changes in Governmental
Regulations that result in delayed delivery to our manufacturing facilities of these specified
materials. This delivery estimate is based on the Company receiving complete and accurate
paperwork from the Buyer and that no changes take place during pre-construction, mid point
inspections or final inspections. Changes required or requested by the Buyer during the
construction process may be cause for an increase in the number of days required to build said
apparatus.
The Buyer agrees to purchase and pay for the aforesaid property, delivered as aforesaid, two (2)
apparatus both on fire department supplied chassis as per the bid specifications for the total Sum
of One Hundred Twentv Five Thousand, One Hundred Ninetv Dollars. ($125,190.00)
F.O.B Fridley, MN.
Terms; Payment for the balance of each respective apparatus will become due upon delivery of
each apparatus to the buyer.
Any partial payment amounts will be due and payable Net 15 days from day from invoice date.
GUARANTEE; The Company, hereby agrees that the material and workmanship, shall be of the
best grade and the Company, at it's own expense, will replace such parts as may fail, if such
failure is attributed to defective material or inferior workmanship within the terms of the
warranty period. It is further agreed that if on delivery and test, any defects should develop, the
Company shall be given a reasonable time to correct same. Guarantee of the chassis is subject to
the guarantee of the chassis manufacturer.
53
And it is further mutually agreed that no misunderstanding, verbal or written, regarding
equipment or otherwise, sha11 enjoin the Company or Buyer unless in this Contract.
After company receipt of this document signed by the buyer, the document will be reviewed and
upon approval, countersigned by the company putting the document in force.
GENERAL SAFETY EQUIPMENT
(P�the First Part
By� (signature)
ype or pnnt name
(Title)
Date: , 2006
CITY OF FRIDLEY, MN
(Party of the Second Part)
By� (signature)
ype or pnnt name
(Title)
Date: , 2006
54
�
�
CffY OF
FRIDLEY
Date
To
From
AGENDA ITEM
CITY COUNCIL MEETING OF
DECEMBER 4, 2006
November 28, 2006
William Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Subject: Consideration of an Extension for Preliminary Plat PS# OS-02 to Combine Five
Parcels, Generally Located at 1314 and 1340 Mississippi Street and 6421, 6441, and
6461 Central Avenue, into One Parcel for the Spring Valley Estates Project
Background
John DeMello of Family Lifestyle Development Corporation received preliminary plat approval from the
City Council on June 13, 2005 to redevelop five parcels in the southeast corner of Mississippi StreeUCentral
Avenue into a senior condominium/mixed use development. A six-month extension for this Preliminary Plat,
approved by Council earlier this year, expires on December 13, 2006. Council had also previously granted a six-
month extension to this preliminary plat on December 5, 2005.
John DeMello of Family Lifestyle Development Corporation has requested another six-month e�tension. He
continues to have difficulty financing the purchase of the remaining parcels to be included in the project. The
County will not allow him to file the final plat until he has ownership of each parcel. His email explaining his
situation is attached.
Recommendation
Staff recommends granting another six-month e�tension to June 4, 2007 on Preliminary Plat PS# OS-02 to
combine five parcels, generally located at 1314 and 1340 Mississippi Street and 6421, 6441, and 6461
Central Avenue, into one parcel. This should allow the petitioner enough time to get the Spring Valley
Estates final plat filed.
M-06-148
Page 1 of 1
Jones, Julie
From: Dutchman Cabinet Company [dutchmancabinets@qwest.net]
Sent: Monday, November 27, 2006 1:56 PM
To: Jones, Julie
Subject: Plat extension request ps#05-02
To: City of Fridley
Attn: Scott Hickok
6431 University Ave. NE.
Fridley, MN. 55432
Dear Mr. Hickok,
I am writing you today to respectfully request to be placed on the December 4rth council meeting agenda for a
preliminary plat extension (PS#05-02). Though I have worked with several investors in the last few months to
secure funding for the project, poor economic data suggested that my project was temporarily out of favor. In just
the last two months three investors have been negotiating to work with me to complete the project. We are so far
in fact that I think that we may conclude our negotiations by late January and be under construction by early
spring. My hope is that we can build sales momentum into the 49er day celebration. Of course I am unable to
complete the negotiations with the plat extension terminating in December. I can not specifically name the
investors I am working with, however, I will tell you that ail three have severa► significant projects underway all
over Minnesota.
Sincerely,
John R. Demello
President �
Family Lifestyle Development Corporation
56
11/27/2006
�
� AGENDA ITEM
��F CITY COUNCIL MEETING OF DECEMBER 4, 2006
FRIDLEI'
INFORMAL STATUS REPORTS