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07/28/2008 - 29256CITY COUNCIL MEETING CITY OF FRIDLEY JULY 28, 2008 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Scott Hickok, Community Development Director ard Pribyl, Finance Director James Kosluchar, Public Works Director Fritz Knaak, City Attorney PRESENTATIONS: Fridley `49er Days Royalty. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of July 14, 2008. APPROVED. OLD BUSINESS: 1. Second Reading of an Ordinance Under Section 12.06 of the Fridley City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof (Generally Located on Springbrook Creek Near the Intersection of Broad Avenue and 79t'' W ay) (W ard 3) William Burn, City Manager, said the five lots are located near the intersection of Broad Avenue and 79th Way. Council approved the first reading on July 14, 2008. Assuming that Council adopts this second and final reading of the ordinance, staff will draft drainage easement documents and purchase agreements for the two adj oining property owners who have indicated a desire to purchase this property. The costs of easement filing surveying and closing will be passed on to the purchasers. Staff recommends Council's approval. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2008 PAGE 2 WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1253 ON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. Receive the Minutes from the Planning Commission Meeting of July 16, 2008. RECEIVED. 3. Special Use Permit Request, SP #08-10, by Warren Stock, Stock Roofing Company, LLC, to Allow for Limited Outdoor Storage, Generally Located at 7731 Main Street N.E. (Ward 3). William Burns, City Manager, said that Mr. Stock wishes to store service trucks and trailers in a fenced-in area that is well within the area allowed by code. The Planning Commission recommended approval at their July 16, 2008 meeting subject to two stipulations. Since then, staff has determined that two more stipulations, dealing with screening and storage of junk vehicles, are needed. Staff recommends Council's approval, subject to the following four stipulations: 1. No outdoor storage other than the existing enclosed area shall exist on the site without an additional special use permit being approved. 2. If any items other than the service trucks and trailers are stored in the enclosed area, the petitioner shall receive approval for those items from the Fire Marshal. 3. The petitioner shall screen the north and east sides of the outdoor storage area with screening slats. 4. The subject property shall remain free of junk and inoperable vehicles. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4. Resolution Providing for the Issuance and Sale of $1,915,000 General Obligation Improvement bonds, Series 2008A, Pledging for the Security Thereof Special Assessments and Levying a Tax for the Payment Thereof. William Burns, City Manager, said this will be used to fund a portion of the costs for the 2008 street reconstruction project. As has been the case in the last two years, the bonds will be retired through the proceeds of a levy passed on to Fridley property owners. In preparation for this issue, the City was required to undergo a credit rating review by Moody's Investor Service. While Moody's is concerned about the City's reliance on LGA, liquor store profits and cash balances, they did confirm our existing Aa2 bond rating. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2008 PAGE 3 Dr. Burns said Cronin & Company, Inc., was the lowest bidder of 5 competing companies. The low bid is at a true interest cost of 3.7315%. The bonds will be retired over 10 years. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2008-29. 5. Resolution Providing for the Issuance of Sale of $3,725,000 General Obligation Water Revenue Bonds, Series 2008B, Pledging for the Security Thereof Special Assessments and Levying a Tax for the Payment Thereof. William Burns, City Manager, said that the proceeds from this large bond issue will be used to cover the costs of our 2008 and 2009 water system improvement projects. They include the following projects: 1. Commons Park filter media replacement ...$500,000 2. Well Redevelopment ...$130,000 3. Repair and painting of Hwy 65 water storage tank ...$1,100,000 4. Replacement of Gardena Avenue water main ... $150,000 5. Distribution system replacement . . . $620,000 6. Installation of variable frequency drives at two of our wells. ... $100,000 7. Repair and painting of the Commons Park elevated storage tank ... $360,000. 8. Repair and painting of the Commons Park reservoir.. ..$70,000 Dr. Burns said the bonding will be for two years of improvement costs in order to reduce overhead for the bond issue. The low bidder was Cronin and Company, Inc., with a total interest cost of 3.9810%. The bonds are to be retired from water rate revenues over a 15-year period. Staff recommends that the Water Revenue Bonds be issued to Cronin & Company with a true interest cost of 3.9810%. ADOPTED RESOLUTION NO. 2008-30. 6. Resolution Appointing Election Judges for the 2008 Primary and General Elections. ADOPTED RESOLUTION NO. 2008-31. 7. Resolution Authorizing Participation in the Safe and Sober Communities Grant Program. William Burns, City Manager, said the Fridley Police Department in conjunction with the Anoka County Sheriff and nine other local police departments in Anoka County want to apply for $41,800 in federal money that is passed through the State Department of Public Safety. The funding is used largely for joint traffic enforcement on busy holiday weekends. It is also used for public education regarding the hazards of drunk driving. Fridley's share of the funding is $3,800. Coon Rapids will administer the grant. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2008-32. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2008 PAGE 4 8. Approve Joint Power Agreement between the City of Fridley and the City of St. Paul Regarding Public Safety Related to the 2008 Republican National Convention. William Burns, City Manager, said the City of St Paul is seeking help from area police departments to provide public safety and crowd control at the RNC on September 1-4. We expect to be reimbursed for salaries as well as our share of Medicare and PERA contributions for participating officers. The participating cities will be insured through a$10 million professional liability insurance policy that has been taken out by the RNC. The LMC has reviewed the joint powers agreement and is encouraging its members to participate. City Attorney Fritz Knaak has also reviewed the joint powers agreement and finds it acceptable. Staff recommends Council's approval. APPROVED. 9. Approve Change Order No. 1 for the 2008 Street Improvement Project No. ST2008-1 William Burns, City Manager, said the change order is for $27,754.99. The largest share ($18,053.75) of this cost is for the unexpected dredging and replacement of "muck" on Lucia Lane and the Highway 65 West Service Drive. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 10. Claims (137613 — 137735). APPROVED. 11. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked that Items number 3 and 9 be removed from the consent agenda. MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of Items 3 and 9. Seconded by Councilmember Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2008 PAGE 5 ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda with the addition of Items 3, 9 and 13. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): Pam Reynolds, 1241 Norton Avenue NE, asked for clarification on the curb and gutter assessment. She asked if it was correct that the homeowner was being assessed for the front, address side of the street. Mayor Lund said that staff would follow up with her on the clarification of the assessment. This was brought up at another Council meeting since the November 19 meeting and it was discussed at considerable length. Councilmember Bolkcom said that there was a discussion held regarding this subject. Attorney Knaak was asked if another public hearing was needed to clarify things and he said that property owners would still have the final assessment hearing to discuss any issues. Attorney Knaak said that is correct. The final assessment meeting is the one that counts and those are the numbers that will be assessed. Councilmember Bolkcom said that at the November 19 meeting there was a new Public Works Director as well. If anyone has any questions about their assessment, they can always call Mr. Pribyl or NIr. Kosluchar. Mayor Lund said the property owner will be assessed for the front address side of the street and the other areas will be added up and divided among the homeowners. This was highlighted in the minutes after he misspoke and Mr. Kosluchar corrected the statement. Ken Hughes, 6424 Ashton Avenue N.E., said he felt his assessment was not fair. Mayor Lund said the City is trying to be fair and equitable to home owners. This project is consistent to what Fridley has been doing for years and to change the process would not be fair to the others. Ms. Reynolds said if three corners are in a project, the homeowner would be assessed for the front address side of the property and the rest would be divided among the other homeowners. Mayor Lund said that is correct. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2008 PAGE 6 Jim Kosluchar, Public Works Director, said that the frontage is not assessed if it is public property. Public property would be a park or side yard where the public can make use of the property. The owner of a corner lot has use of that property just as much as others in the neighborhood. Mr. Hughes mentioned that he was looking at the work on the driveways and curbs and noted that the contractor was not using the right forms. Councilmember Bolkcom met Mr. Hughes at the property. They measured and found that the contractor was not building the driveways or curbs to the specs of the contract. The contractor was notified and now they are using the right forms and doing a good job. Mr. Kosluchar said that he went out with the inspector and inspected the form depth and corrected it. There are similar issues with a few other driveways and the contractor is waiting for a response to remedy the situation. Councilmember Bolkcom said that staff should not spot check the work but look at all the work being done. Mr. Kosluchar said the first set of forms was measured and they were putting out good product, but the second crew had trouble keeping up with inspections so that work has been spot checked. Mayor Lund said if there was a deficient driveway not fully poured, the contractor should have to rip up and replace the driveway. Councilmember Bolkcom said that the information is clear in the specs of the project and the contractor bid the project to do it according to those specs. The City needs to hold the contractor accountable and not allow them to cut any corners. NEW BUSINESS: 3. Special Use Permit Request, SP #08-10, by Warren Stock, Stock Roofing Company, LLC, to Allow for Limited Outdoor Storage, Generally Located at 7731 Main Street N.E. (Ward 3) Councilmember Bolkcom asked when the petitioner constructed the addition or if it was already there when the building was purchased. Scott Hickok, Community Development Director, said that the storage area was already constructed but he wanted to store materials in the fence area he put in. Councilmember Bolkcom asked if the homeowner was aware of the two new stipulations. Mr. Hickok said that the homeowner was aware of this on the visit and staff also left information with Mr. Stock's office. Warren Stock, owner of property, said that he did not get the new stipulations. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2008 PAGE 7 Councilmember Bolkcom said that the new stipulations stated that the fenced area would need screening slats and the area would need to stay clear of junk and inoperable vehicles. Mr. Hickok said that upon an inspection, vehicles were stored outside and staff wanted to make sure Mr. Stock was aware that this cannot happen outside of the fenced area. The area is to store roofing materials and equipment. Any junk or inoperable vehicles would need to be removed. Mr. Stock said he does rent out some space and the vehicles were one of his tenants and have been towed away. Mayor Lund clarified to Mr. Stock that he is the property owner and was responsible for illegal storage. Councilmember Bolkcom asked if Mr. Stock was in agreement with the two new stipulations. Mr. Stock asked if he needed to screen the side that faces the side of a commercial building or the side that faces another fence. Mr. Hickok said that he must screen all sides of the fence. The purpose of the SUP is to have the opportunity to store items outside and not be detrimental to neighbors. Other property owners have to adhere to screening all sides and we have to be consistent. Mr. Hickok said that staff thought through this carefully and if all sides are not screened it leaves imposition on staff. Councilmember Bolkcom said that everyone else has to comply and screen all sides. We need to be consistent in our policies. Mr. Hickok said that the fences are not side by side, there is some distance between them and tenants would be able to see that it is not screened. MOTION by Councilmember Bolkcom to approve Special Use Permit Request, SP #08-10, by Warren Stock, Stock Roofing Company, LLC, with the following four stipulations. 1. No outdoor storage other than the existing enclosed area shall exist on the site without an additional special use permit being approved. 2. If any items other than the service trucks and trailers are stored in the enclosed area, the petitioner shall receive approval for those items from the Fire Marshal. 3. The petitioner shall screen the north and east sides of the outdoor storage area with screening slats. 4. The subject property shall remain free of junk and inoperable vehicles. Seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2008 PAGE 8 UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 9. Approve Change Order No. 1 for the 2008 Street Improvement Project No. ST2008-1. Councilmember Bolkcom asked for clarification on what "muck" was in this project. James Kosluchar said that they do soil testing at intermittent stations along the road, typically every 1,000 feet. During the boring tests they did hit one boring where there were poor soils and some adjacent areas where there is organic soil. The amount of poor soil that had to be removed was more than they expected. Councilmember Bolkcom said that $18,000 is a lot of money to take care of poor soil. Mr. Kosluchar said that the only way to have a better handle on the situation is to do extensive borings to outline the limits of the poor soil and we would have spent a similar amount. The contractor gave us a price and we went with that estimate. Councilmember Bolkcom asked if we did the extensive boring tests would we still have to remove the muck. Mr. Kosluchar said we would. William Burns, City Manager, said that not only does the muck need to be removed but it needs to be replaced with Class 5, pea gravel, etc. Mayor Lund said that they only do so many boring tests but they could do a lot of borings to determine the scope/depth/width of the area. That would be expensive and they would have to pay to remove the muck anyway. Councilmember Bolkcom asked where the muck goes. Mr. Kosluchar said that the contractor gets rid of it. MOTION by Councilmember Bolkcom to approve Change Order No. 1 for the 2008 Street Improvement Project No. ST2008-1. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 13. Renewal of Liquor License for Baggan's Pub. Councilmember Bolkcom asked if the public hearing would need to be advertised. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2008 PAGE 9 William Burns, City Manager, said that would not be necessary. Staff would just need to give the property owner a 10-day notice. Councilmember Bolkcom asked if the property owner or license holder gets a certified letter so they are aware of the meeting. Richard Pribyl, Financial Director, said that a certified letter will be sent out and the Police Department will have a verbal conversation with the property owner regarding the public hearing and other issues. Mayor Lund mentioned that he will be out of town on August 11, so he would be unable to attend the meeting. Councilmember Bolkcom said it would be okay if the public hearing would need to be continued at the August 11 meeting. It was important to have this public hearing as soon as possible because there have been ongoing problems with this property. Mr. Pribyl said he would have staff contact the owner (Tuesday). MOTION by Councilmember Bolkcom to set the public hearing on the renewal of the liquor license for Baggan's Pub for August 11, 2008. Seconded by Councilmember Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Informal Status Reports. Mayor Lund said that National Night Out would be held on Tuesday, August 5. Councilmember Bolkcom said she attended the Anoka County Mississippi Branch Gardens and there was a lot of planting and design work involved in this project. Thanks to all the volunteers and donations, it was beautiful. Also, August 9 is the drop-off recycling event. If you have any questions on this event please contact Rachel Harris at 763-572-3594. William Burns, City Manager, said that City Staff and ACCAP will be hosting a Mortgage Foreclosure Open House on September 17 from 4:30 to 7:30 p.m. at the Fridley Community Center. Individual counselors and mortgage service representatives from major banks will be available at the open house. No appointment or RSVP is necessary. More information can be found on the Fridley website, www.ci.fridle_y.mn.us. Also, the August newsletter will be mailed out the first week in August. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2008 PAGE 10 UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:27 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor