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03/24/2008 - 29246CITY COUNCIL MEETING CITY OF FRIDLEY MARCH 24, 2008 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 Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Scott Hickok, Community Development Director Jim Kosluchar, Public Works Director Fritz Knaak, City Attorney PRESENTATION: Recreation Sports and Fitness Program. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting Minutes of March 10, 2008 Planning Commission Minutes of February 20, 2008 Planning Commission Minutes of March 5, 2008 APPROVED. NEW BUSINESS: 1. Special Use Permit Request, SP #08-04, by Amtech Lighting Services for Holiday Gas Station, to Allow an Electronic Message Sign to be Incorporated into the Existing Free- Standing Sign, Generally Located at 5695 Hackmann Avenue N.E. (Ward 2) Scott Hickok, Community Development Director, said the property received a special use permit in 2006 to allow an electronic component on their free-standing sign for gas pricing. With the added electronic message area, the combined total sign area will not exceed the Code- allowed 80 square feet. The electronic reader board portion will replace the existing manual reader board. Mr. Hickok said the Planning Commission held a hearing on this item on March 5, 2008. No members of the public or business community made comments regarding the request. The Commission unanimously recommended approval of Special Use Permit Request, SP #08-04. Staff recommends Council's approval with the following five stipulations: 1. The petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 2. The petitioner shall submit plans to City staff showing how the 10-foot requirement from the ground to the bottom of the sign is being met prior to issuance of a sign permit. 3. The petitioner shall move the existing free-standing sign to be 10 feet from the property line and driveway or a variance shall be obtained to recognize the existing setback prior to installation of the proposed electronic sign. 4. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 5. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. APPROVED. 2. Resolution for a Special Use Permit for Limited Outdoor Storage at 7765 and 7775 Main Street (Special Use Permit Request, SP #08-05, by Michael and Patrick Lawrance). Scott Hickok, Community Development Director, said earlier this year Council approved a settlement agreement regarding this special use permit. Since October of 2005, staff has sought compliance by these property owners. Citations were eventually issued for non-compliance. A counter suit was filed by property owners claiming status that would not require a special use permit for their outdoor storage. After much discussion between City, property owners, and legal counsel, the property owners agreed to apply. Mr. Hickok said unlike other special use permits, the terms of this special use permit were negotiated and embedded in the settlement agreement approved by Council previously. The application and plans were submitted by petitioners in accordance with settlement agreement requirements. Specific details of the special use permit can be found in staff's report. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2008-17. 3. Approve 2008 Reappointments to City Commissions. Scott Hickok, Community Development Director, said with the exception of the Housing and Redevelopment Authority, all other Commissions have 3-year terms for their members. HRA members serve 5-year terms. Commissioner Pat Gabel's HRA term Expires June 9, 2008, and she would like to be reappointed. Parks and Recreation Commissioner Michele Barrett's term expires April 1, 2008 and she would like to be reappointed. The Environmental Quality and Energy Commission's Chair Jack Velin and Commissioner Anne Andrews terms expire on April 1, 2008. Both members would like to be reappointed. Mr. Hickok said the Appeal's Commission's Dr. Kenneth Vos has submitted a letter indicating that his schedule will make it difficult to attend between the months of November and April. Dr. Vos recognizes that this may present issues with a quorum and agrees to step down. Refilling a current Appeal's Vacancy has been difficult, as an alternative to his departure now, Dr. Vos has agreed to seek reappointment, until the City can find a replacement. Commissioner Vos has been an excellent, very dedicated commission member. Staff recommends his reappointment pending a replacement. The Planning Commission's Brad Dunham has indicated he would like to be reappointed. Commissioner Velin would remain on the Planning Commission, if reappointed to the EQEC. Staff recommends the reappointment of all commissioners and thanks them for their interest and dedication. APPROVED. 4. Appointment — City Employee. Scott Hickok, Community Development Director, said staff is recommending the appointment of Maria "Mary" Fitz to the position of Permit Technician, effective March 31, 2008. One of the many skills that Ms. Fitz will bring to this position is the ability to speak and translate Spanish. Staff recommends Council's approval. APPROVED. 5. Claims (135971— 136135). APPROVED. 6. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 7. Estimates. APPROVED THE FOLLOWING ESTIMATE: Forest Lake Contracting 14777 Lake Drive Forest Lake, MN 55025 2007-1 Street Improvement Proj ect Estimate No. 10 ...................................................... $228,228.42 MOTION by Councilmember Barnette to approve the Consent Agenda as presented. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda as presented. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Councilmember Bolkcom asked what to do with the Appeals Commission vacancy. William Burns, City Manager, said that if there are candidates they would be interviewed by the Council as soon as possible. NEW BUSINESS: 8. Receive Bids and Award Contract for the 2008 Street Improvement Project No. ST 2008-1. Jim Kosluchar, Public Works Director, said on Thursday, March 11, 2008, at 2:00 p.m., bids were opened for the 2008 Street Improvement Project. Twenty-five sets of plans and specifications were sent out and nine bids were received. Mr. Kosluchar said a slow down in the construction industry has led to a very competitive bidding climate for this season. In addition, during design, Engineering staff recognized opportunities for cost savings. Design adjustments were made to reduce costs such as reducing street excavation quantities and minimizing storm sewer requirements. The low bid was received from Midwest Asphalt Corporation, Inc., of Minnetonka, Minnesota, in the amount of $2,359,572.21. The high bid was $3,139,761.36. The most recent cost estimate preformed by Engineering was $2.9 million. Mr. Kosluchar said approximately $325,000 would be available from the City's annual State Aid population allocation for off-system use to offset the street improvement costs. An increase in assessment revenue of approximately $150,000 is projected due to the amount of commercial property on the project. Project costs such as surveying, design assistance, and material testing will increase the total project cost an estimated $103,000. At the conclusion of the project, it is anticipated that the project will require approximately $1,250,000 to be paid through 2008 Street Reconstruction General Obligation bonds. This includes a contingency for budget changes such as assessment adjustments and change orders. Mr. Kosluchar said staff recommends Council receive the bids and award the 2008 Street Improvement Project No. ST. 2008-1, to Midwest Asphalt Corporation, Inc., of Minnetonka, Minnesota, in the amount of $2,359,572.21. Councilmember Saefke noted the difference between the two lowest bids was about $200,000 and asked if any specific item was accounting for the difference. Mr. Kosluchar said the difference was in earthwork Midwest Asphalt can do that work locally. Councilmember Bolkcom asked if the City has worked with Midwest Asphalt before and if staff was comfortable with the bid and working relationship. Mr. Kosluchar said in 2005 the City did have a good working relationship with this company. There was a small claim against the company at the end of the project and that was settled. Councilmember Varichak asked if references were asked for when staff gets a bid and if staff checked the work the contractor did for other cities. Mr. Kosluchar said there is not a formal process to check references. The contractor does need to meet certain qualifications to be able to bid on the project. Staff can check references and a contractor's history before hiring them for the project. Councilmember Varichak asked what the addendum column was for and why some had different numbers. Mr. Kosluchar said that was a typo and all bids should have addendum 1 and 2. The addendums were for some minor changes and clarifications that were issued prior to the bid. MOTION by Councilmember Bolkcom to receive the bids and award the contract for Street Improvement Project No. ST. 2008-1 to Midwest Asphalt Corporation, Inc., in the amount of $2,359,572.21. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 9. Informal Status Reports. William Burns, City Manager, said that the newsletter will be out the first week in April. There is some great information in the newsletter including an article about the street improvement proj ect. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:59 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor