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10/13/2008 - 29260CITY COUNCIL MEETING CITY OF FRIDLEY OCTOBER 13, 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 James Kosluchar, Public Works Director Richard Pribyl, Finance Director Scott Hickok, Community Development Director Fritz Knaak, City Attorney APPROVAL OF PROPOSED CONSENT AGENDA APPROVAL OF MINUTES: City Council Meeting of September 29, 2008 Councilmember Saefke asked that on page seven, third paragraph, the word "main ways" be changed to "man ways. " APPROVED. NEW BUSINESS: 1. Claims (138746 — 138970). APPROVED. 2. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 13, 2008 PAGE 2 3. Estimates. APPROVED THE FOLLOWING ESTIMATES: Lametti & Sons, Inc. 16028 Forest Blvd. N. Hugo, NIN 55038 2008 Sanitary Sewer Proj ect No. 376 FINAL ESTIMATE ..................................................................... $ 3,567.30 Standard Sidewalk 10841 Mankato Street N.E. Blaine, NIN 55434 2008 Miscellaneous Concrete Project No. 375 Estimate No. 3 .............................................................................. $ 14,714.50 Midwest Asphalt 5929 Bake Road, Suite 420 Minnetonka, MN 55345 2008-1 Street Improvement Project Estimate No. 5 ................................................................................ $371,939.00 Hardrives, Inc. 14475 Quiram Drive Rogers, MN 55374 2008 Street Improvement Project No. 2007-3 Estimate No. 2 .............................................................................. $103,814.35 APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the consent agenda as presented with the corrected minutes. 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. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 13, 2008 PAGE 3 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): Bert Martinez, 7786 Beech Street N.E., thanked Council for the quick response to the flooding issues he is having in his area. He thanked the Council and Mayor for restoring his confidence in the system. Don Anderson, 7304 West Circle N.E., said he works at SuperAmerica and had some concerns with the safety of the quiet zone railroad crossing. Mayor Lund said that he will alert the Police Department and ask them to take a look at it. PUBLIC HEARING: 4. Public Hearing on Street Improvement Project No. ST. 2008-2. MOTION by Councilmember Varichak to open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:43 P.M. Rick Pribyl, Finance Director, said this project assessment pertains to the street milling and overlay on the 2008-2 Project. The project assessment involves 56 properties for a total assessed cost of $107,384.03. The assessment is for 10 years and the interest rate is 6'/z%. Staff recommends that the public hearing be opened, public testimony heard, and the hearing continued until the Council meeting of October 27, 2008, along with the resolution certifying the assessments. This continuation is due to the requirement to allow a two-week notice on mailing of the parcel specific notices on the assessment before holding the public hearing. Mayor Lund asked for clarification on the total cost; the agenda book showed $106,000 and the presentation $107,384.03. Mr. Pribyl said that the figure of $106,000 was the best estimate at the time, but the correct figure is $107,384.03. Councilmember Bolkcom asked for explanation on the notices and what happened. Mr. Pribyl said that the notices did not go out in time to meet the 14 day requirement. Jim Kosluchar, Public Works Director, said that the mailing went out on time but there were errors on the pin numbers. Correct notices were mailed but they will not meet the 14-day requirement. The City Attorney said this process would be the best way to handle the situation. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 13, 2008 PAGE 4 Mayor Lund asked if there would be testimony heard today and more at the next meeting. Councilmember Bolkcom said it did not look like anyone was present. She asked for clarification that the original notices went out with the incorrect pin numbers and a second letter went out correctly indicating that the public hearing was set for October 27. Mr. Kosluchar said that is correct. MOTION by Councilmember Saefke to continue the public hearing until October 27, 2008. Seconded by Councilmember Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 5. Resolution Adopting Assessment for 2008 Street Improvement Project No. ST 2008-2. MOTION by Councilmember Saefke to table the resolution. Seconded by Councilmember Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. Resolution Appointing Election Judges for the 2008 Election Cycle. Deb Skogen, City Clerk, said Election Day is Tuesday, November 4. This year the election candidates include Federal, State (including a constitutional amendment), County, City, Columbia Heights School District 13, Hospital District and Judicial Offices. The City offices up for election are Mayor (Scott Lund/Pam Reynolds) and Councilmember-at-Large (Bob Barnette/Rick Wolfe). Ms. Skogen said Anoka County provides election support to the City through voter registration, election administration training for City staff, election judge training absentee ballot voting, and preparation of the ballots and programs for the Accu-vote and Automark memory cards. Ms. Skogen said absentee ballots are available from October 3 through November 3. This is for voters who will be absent from the precinct on election day due to temporary or permanent disability, religious observance, serving as an election judge, or inability to get to the polling location. Voters can get an absentee ballot by mail by contacting the City Clerk's office to request an application at 763-572-3523 or accessing the City's website at www.ci.fridley.mn.us. Absentee ballots can also be picked up at the Anoka County Courthouse (3rd Avenue and Main Street in Anoka), Elections Office (first floor on 3rd Avenue side), Monday through Friday from 8:00 a.m. to 4:30 p.m. and Saturday, November 1 from 10:00 a.m. to 3:00 p.m. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 13, 2008 PAGE 5 Ms. Skogen said election judges are paid volunteers who must designate a party but work on a non-partisan basis on election day. Election judges come from a variety of places; recommended by friends or other election judges, polling locations, or individuals who have expressed interest to city or political parties. Election judges are required to attend a minimum of two hours of training. Ms. Skogen said the County provides a test grid for marking ballots. City staff marks ballots by hand and with the use of Automark City staff tests Accu-Votes by running test ballots for each precinct on two separate memory cards. A Public Accuracy Test is completed to ensure accuracy of the equipment. Ms. Skogen said election judges will arrive on election day at 6:00 a.m. to set up polls. The polls open at 7:00 a.m. and close at 8:00 p.m. Election judges tally results, modem results to the County, and close down the polling location. Election supplies and equipment are returned to City Hall when done. Voter pre-registration closes October 24 and voters may register on election day with appropriate identification. If anyone needs help on election day to find their polling place they can ca11763-571-3450 or go to http://pollfinder.sos.state.mn.us/. Councilmember Barnette asked if the best way to get local results the night of the election is to watch the City's local cable channel number 17. Ms. Skogen said that is correct. Residents can also connect with the Anoka County website. Mayor Lund asked if the alternates have already been selected. Ms. Skogen said yes. Councilmember Bolkcom asked what a new voter would need for proper identification. Ms. Skogen said a new registered voter would need a current MN Driver's license, a learner's permit, ID card or Tribal ID card with current address. A new voter could also bring someone with who personally knows them to verify residency. Voters could also bring a current ID that is not valid along with a utility bill dated within 30 days of the election. MOTOIN by Councilmember Bolkcom to adopt Resolution No. 2008-46. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. Approve Special Use Permit Request, SP #08-13, by HDR Architecture, Inc., for Unity Hospital, to Allow an Expansion of the Hospital on the North Side of the Existing Building in an R-1, Single Family Zoning District, Generally Located at 550 Osborne Road N.E. (Ward 1) FRIDLEY CITY COUNCIL MEETING OF OCTOBER 13, 2008 PAGE 6 Scott Hickok, Community Development Director, said the petitioner is seeking a special use permit to allow the construction of a free-standing building on the north side of Unity Hospital, which is in an R-1, Single Family Zoning District. The hospital is located at 550 Osborne Road. The petitioner is proposing to construct the Virginia Piper Cancer Institute building north of the existing hospital. The free-standing building will be connected to the hospital by a link and will be approximately 19,000 square feet in size. Mr. Hickok said that hospitals are a permitted special use in the R-1 zoning district provided that the proposed expansion complies with code requirements and is subject to the stipulations suggested by staf£ The petitioner has stated that there will not be an increase in new patients for the first three years, as these patients are currently being seen at the Cancer Center that is within the Unity Professional Building. After year three, new patients will be increased by approximately 1,096 patients per year and this will only increase staff by two employees. Mr. Hickok said that in 2006, Unity Hospital conducted a parking study to see if additional parking was needed. The result of the study determined that they had adequate parking on site to support the addition to the Emergency Department. However, the Hospital elected to proof 151 parking stalls, which were to be installed at such time as the City or the Hospital determined it was necessary. To date, demand for these stalls has not been warranted. In order to allow for the construction of the Cancer Center, 44 existing parking stalls will need to be removed. City Code requires the proposed building to have 65 parking stalls. The petitioner plans to install 135 parking stalls, which will meet City code requirements. The proposed expansion meets lot coverage and setback requirements. Mr. Hickok said that while the proposed project meets City code requirements to allow for the construction of the proposed building, staff does have some general concerns. These concerns are related to hard surface parking site circulation, and the need for a Master Plan for the site. This is the third special use permit request that the City has reviewed within that last five years. Each addition requires the need for additional parking. As can be seen from an aerial, the site mainly consists of building and parking lot. As the hospital continues to expand, there is going to be a need to provide better parking options other than surface parking. Mr. Hickok said that City staff would request that before subsequent additions are constructed to the hospital, a Master Plan be submitted showing the City what the maximum build-out is for the site. The petitioner has articulated to staff that they are in the process of having a Master Plan done for the Hospital campus and hope to submit something to the City by early 2009. Another staff concern is related to on site circulation. The location of the proposed building will impact vehicular and pedestrian circulation on the site by eliminating the existing east-west connection. The petitioner is proposing to move the east-west connection approximately 160 feet north of the existing connection. The concern that staff has is that this new connection may be eliminated if the Cancer Center is expanded in the future. As a result, staff will stipulate that future expansions of the Cancer Center will require an approved alternative circulation plan that continues to allow an on-site east-west connection. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 13, 2008 PAGE 7 Mr. Hickok said that a public hearing was held at the October 1, 2008, Planning Commission meeting. After a brief discussion, the Planning Commission unanimously recommended approval of the special use permit request, with the twelve stipulations presented by staf£ Staff recommends Council's approve. Councilmember Bolkcom asked if the petitioner has met the stipulations of the last Special Use Permit. Mr. Hickok answered yes. The landscaping is done near the entrance by the south parking lot. After evaluating the site, additional surveying was done and industrial equipment was screened by sizeable evergreen trees. The petitioner went an additional step and painted the mechanical equipment which minimizes the appearance. Councilmember Bolkcom asked if there had been any complaints from neighbors. Mr. Hickok answered no. Councilmember Bolkcom asked about the issues that came up in the past with the parking on the street and smoking in the neighborhood. Mr. Hickok said he has heard no additional complaints. One person called to thank the petitioner for painting the mechanical equipment. Another person called concerned the petitioner was going to take a home down but that was not true so she was okay. Councilmember Bolkcom asked if the petitioner was okay with the stipulations. Mr. Hickok said yes. Pat Belland, VP Operations, Unity Hospital, provided some clarification on the Radiation Therapy area that will be located behind the Cancer Center. A tunnel will be built to take patients back and forth to radiation. It would be an ideal situation to move the Radiation Therapy area into the Cancer Center but it is extremely expensive to move the vaults. Unity and Allina are very excited to bring the Cancer Canter to Unity Hospital and Fridley. Developers have worked very closely with staff to meet the City's expectations. Councilmember Bolkcom asked how long it will take to build the Cancer Center. Mr. Belland said they hope to be finished the fourth quarter of 2009. Councilmember Bolkcom asked about parking and if they would need additional stalls. Mr. Belland said that they did not anticipate the traffic increasing right now but eventually anticipate the program growing. Councilmember Varichak asked why they didn't choose to put the Cancer Center by the current Radiation Therapy area. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 13, 2008 PAGE 8 Mr. Belland said that they had thought about doing that, but from a campus perspective, they wanted to put this Center in front of the hospital. They are also looking into future construction and the need to expand, so the first floor will be built to support additional floors if needed. Councilmember Barnette said he attended the open house at Unity and was impressed with the enthusiasm of staf£ This new facility will be a great addition to Unity Hospital and the City. Mayor Lund asked if there was more than one owner of the property. Mr. Hickok said that Unity owns the majority of the property with the exception of the professional building. Mayor Lund commented that the professional building owns quite a bit of green space. Mr. Hickok answered they do. Mayor Lund said he looks forward to a master plan and new development. Councilmember Bolkcom asked if the petitioner is aware of Stipulation No. 13 and the changes in Stipulation No. 11. Don Rolf, HDR Architects, said that in order to connect the professional building to the hospital building, they would need to be in agreement with the property owner of the professional building; but they were in agreement with both stipulations. MOTION by Commissioner Saefke to approve the Special Use Permit request, SP #08-13, by HDR Architecture, Inc., for Unity Hospital, with the following thirteen stipulations. Seconded by Councilmember Bolkcom. 1. The petitioner shall obtain all necessary permits prior to construction. 2. The petitioner shall meet all building fire, and ADA requirements. 3. City engineering staff to review and approve grading and drainage plan prior to issuance of a building permit. 4. Landscape and Irrigation plan to be reviewed and approved by City Staff prior to issuance of building permit. 5. No outdoor storage of equipment or materials along the south side of the maintenance building. 6. The subject property shall be maintained free of any and all construction debris. 7. Construction vehicles shall not bring materials before 7:00 am. or after 9:00 p.m. Monday through Friday and 9:00 a.m. to 9:00 p.m. on Saturdays. 8. The addition shall be architecturally compatible with the existing building and finished with complementary siding and color scheme. 9. No future additions/expansion of this site shall occur unless a Master Plan has been submitted detailing what the full build-out could be for the site. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 13, 2008 PAGE 9 10. Future expansion of the Virginia Piper Cancer Institute shall require an approved alternative vehicular and pedestrian circulation plan that continues to allow an on-site east-west connection. 11. City staff will evaluate the need for structured parking on this site, when the Master Plan is submitted in early 2009. 12. A pedestrian crosswalk shall be established from Lot A various parking lots to the Cancer Center to accommodate safe pedestrian movement. 13. A pedestrian crosswalk shall be established from Lot A to the Professional Building to accommodate safe pedestrian movement. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 8. Informal Status Report. Councilmember Bolkcom said that tomorrow the League of Women Voters will meet at 7:00 p.m. She also mentioned that she worked at the recycling event and was amazed to see the amount of televisions, computer monitors and electronics people brought in. This was the last recycling event of the year. Mayor Lund said that Saturday night will be Pumpkin Night in the Park at the Springbrook Nature Center. All are welcome. The activities start at 6:00 p.m. Councilmember Bolkcom said the memorandum relating to the depth of the driveways was sent to Mr. Hughes. Staff discovered that all forms were in conformance with City standards. She asked when the final work will be done. Jim Kosluchar, Public Works Director, said that the contractor has the curb and gutter installed. They are behind on the landscaping due to rain, but are catching up. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:45 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor