02/23/2009 - 29224CITY COUNCIL MEETING
CITY OF FRIDLEY
FEBRUARY 23, 2009
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 Bolkcom
MEMBERS ABSENT: Councilmember Varichak
OTHERS PRESENT: William Burns, City Manager
James Kosluchar, Public Works Director
Fritz Knaak, City Attorney
Richard Pribyl, Finance Director
Scott Hickok, Community Development Director
APPROVAL OF MINUTES:
City Council Meeting of January 26, 2009
APPROVED
City Council Meeting of February 9, 2009
Councilmember Bolkcom asked for correction on page 9, "Councilmember Varichak asked
how long Rhino would remain on the site" and on page 11, "Mr. Hickok said this is a special use
permit. If they find in six months that it is not performing, it could go away, or any month after
that."
Fritz Knaak, City Attorney, asked for a correction on page 5, first paragraph, "Fritz Knaak
replied in the original proposed agreement part of what the City was actually required to do as
part of the development agreement was to approve the rezoning based on the plan that was
there."
APPROVED AS AMENDED.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 23, 2009 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA
NEW BUSINESS:
1. Approve Refund of Building Permit Fee for 6401 Central Avenue (Ward 2).
William Burns, City Manager, said the permit was issued on December 19, 2007. A partial
refund can be applied for (up to 80%) if it is within 180 days of the issuance of the permit. Even
though it has been more than 180 days, staff recommends a partial refund. The permit was to
allow an addition to a residential home.
Dr. Burns said the Building Permit Fee was $1,290.55; Plan Check Fee was $838.86, State
Surcharge was $76.11, Fire Surcharge was $152.23 and License Surcharge was $5.00 for a Total
of $2,362.75. The value of the building addition was $152,227. After preliminary approvals for
financing, the financing fell through. The Plan Check Fee compensated the City for the plan
review work Surcharges have been paid and distributed and should be considered non-
refundable. The permit fee could be refunded up to 80% or the amount of $1,032.44. The
remaining 20% pays for permit technician work and other costs. Staff recommends a refund in
the amount of $1,032.44.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
2. Resolution Requesting Approval of Special Legislation by the Minnesota Legislature
(Housing Replacement Program).
William Burns, City Manager, said special legislation is needed by the City to address issues
associated with the current mortgage foreclosure crisis. It would allow the City to add to the
existing scattered site tax increment district and to acquire up to an additional 79 houses. The
proposed legislation allows the City to pool TIF funds from throughout the districts in Fridley to
cover the costs associated with the expanded housing replacement program. Staff recommends
Council's approval.
ADOPTED RESOLUTION NO. 2009-15.
3. Resolution Accepting a Donation on Behalf of the City of Fridley (Onan Homesite
Portable Generator Series 6500 from Cummins Power Generation)
William Burns, City Manager, said this resolution allows the City to accept a portable generator
worth $1,100 from Cummins Power Generation. The portable generator will be used by our
Public Works Department. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2009-16.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 23, 2009 PAGE 3
4. Motion to Approve Assigning the Water Main Construction Work for Project
ST2009-01 University Avenue West Service Drive and Sylvan Hills Rehabilitation
Under a Separate Contract Identified as Utility Project No. 386.
William Burns, City Manager, said the use of a separate contract and contractor for the .5 mile
of water main replacement on the West University Avenue Service Drive along with the use of a
trenchless water main construction technique will save the City an estimated $100,000. Staff
recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
5. Motion to Authorize Staff to Advertise Bids for the 2009 Well Redevelopment Project
No. 385 (Wells 11 and 13).
William Burns, City Manager, said $65,000 is budgeted in the City's Water Capital
Improvements Plan to redevelop two wells. This is an annual process whereby the pumps are
pulled from the casings in two or three of the City's thirteen wells and necessary repairs are
made. Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA
6. Appointment of City Employees.
William Burns, City Manager, said that these appointments are to fill vacancies created by
retirement and by transfer of another officer to the Federal Drug Task Force. Both candidates
have passed their physical and psychological examinations. They will begin work on or
about March 9, 2009. Staff recommends Council's approval.
7. Claims (140629 - 140783): APPROVED.
8. Licenses: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
9. Estimates.
APPROVED THE FOLLOWING ESTIMATE:
Shank Constructors, Inc.
3501 — 85th Avenue North
Brooklyn Park, MN 55443
Commons Park Water Treatment Plant Filter Improvements
Project No. 379
Estimate No. 3 .............................................................................. $ 185,812.40
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 23, 2009 PAGE 4
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Bolkcom asked for Item Nos. 1, 4 and 5 to be placed on the regular agenda.
Mayor Lund said with respect to Item 3, is a resolution the correct practice for the City to
accept donations?
Fritz Knaak, City Attorney, said it was a correct practice and was also a good idea to
acknowledge the donation.
MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of Item
Nos. 1, 4 and 5. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA:
Jim Kosluchar, Public Works Director, asked to add to the agenda a review of the NPDES for
2008-2009.
MOTION by Councilmember Bolkcom to adopt the agenda with the addition of Item Nos. 1, 4
and 5 and the NPDES 2008-2009 Review. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM (VISITORS):
Scott Hickok, Community Development Director, said during the February 9 meeting regarding
the Preliminary Plat Request by Select Senior Living, a few issues came up that he would like to
clarify. Since the meeting he has followed up with the developer and asked if there were any
changes to the abstract or Torrens. The developer was not aware of any changes and if changes
were made, the developer would have been involved with the transaction. The developer does
not think the transfer happened.
Mr. Hickok said the issue came up that address 6441 and 6461 Central Avenue do not exist.
This issue was researched and Anoka County records go by pin number and that may have been
the confusion regarding the validity of the addresses. Addresses are assigned at the city level
and when there is not a building on the site, it is uncommon to address the property by address
and not pin number. There will be one large project and this project will reference pin numbers
and not addresses, but for the single address the building will hold.
NEW BUSINESS:
1. Approve Refund of Building Permit Fee for 6401 Central Avenue (Ward 2).
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 23, 2009 PAGE 5
Councilmember Bolkcom asked if a refund like this has ever been requested.
Scott Hickok, Community Development Director, answered no, this is a rare situation where the
financing fell through.
Councilmember Bolkcom asked if the fee is refunded and someone else comes forward with a
similar request, would the City be liable to grant another refund. It has been well over a year
since the application. She asked if the City be setting a precedent.
Fritz Knaak, City Attorney, said he could not guarantee no one else would ever ask for a refund
of a permit, but this situation is unique because of the circumstances.
Mr. Hickok said in the 15 years he has worked for the City, this is the first time anyone has
asked for a refund after 180 days. This request was drawn out by the financing. The property
owner tried to find alternative financing, but it did not work, so the project did not get done. The
property owner made a diligent effort to find alternative financing and will still lose about
$1,400.
MOTION by Councilmember Bolkcom to approve the refund of the building permit fee in the
amount of $1,032.44 for 6401 Central Avenue. Seconded by Councilmember Saefke.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
4. Motion to Approve Assigning the Water Main Construction Work for Project
ST2009-01 University Avenue West Service Drive and Sylvan hills Rehabilitation
Under a Separate Contract Identified as Utility Project No. 386.
Councilmember Bolkcom asked if the City has ever done a trenchless water project in the past.
Jim Kosluchar, Public Works Director, answered not to his knowledge.
Councilmember Bolkcom asked if staff was sure that this method would be less money and if
other communities experienced savings. She also asked if the trenchless water project would
cause any contractors not to bid on the project.
Mr. Kosluchar said other communities have experienced savings with this type of project.
Contractors are getting comfortable using this system. With respect to exclusion of contractors,
there may be some overlap but generally it will not be the same crews that do this type of work.
The goal is to get this work done before the contractor starts the street resurfacing project. There
is a window of time to get this project done later in the season and staff does not want to
experience any ill effects on the construction schedule.
Councilmember Saefke asked what type of pipe was going to be used and if the hydrants would
be replaced.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 23, 2009 PAGE 6
Mr. Kosluchar said the pipe is a polyethylene pipe and all hydrants are scheduled to be
replaced.
MOTION by Councilmember Bolkcom to approve assigning the Water Main Construction
Work for Project ST 2009-01 University Avenue West Service Drive and Sylvan Hills
Rehabilitation under a Separate Contract Identified as Utility Project No. 386. Seconded by
Councilmember Saefke.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY
5. Motion to Authorize Staff to Advertise for Bids for the 2009 Well Redevelopment
Project No. 385. (Wells 11 and 13).
Councilmember Bolkcom asked what would happen if the repair cost is more than the funds
available.
Jim Kosluchar, Public Works Director, said the City will redevelop one pump at a time with
Well No. 11 a priority. If budget problems arise, Well No. 13 will be held off until a later date.
William Burns, City Manager, said usually the well redevelopment projects come in under
budget rather than over budget.
Councilmember Bolkcom said she did not see anything in the memo about redeveloping one
well at a time. She asked when the redevelopment would be complete.
Mr. Kosluchar said it is scheduled to start in March or April so the wells will not be down
during peak time periods.
MOTION by Councilmember Bolkcom to approve the motion to authorize staff to advertise for
bids for the 2009 Well Redevelopment Project No. 385 (Wells 11 and 13). Seconded by
Councilmember Saefke.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY
10. Annual National Pollutant Discharge Elimination System (NPDES) Review for
2008-2009.
Jim Kosluchar, Public Works Director, presented the NPDES 2008-2009 annual review. The
Stormwater Pollution Prevention Program Requirements include the following:
1. Public outreach/education.
2. Public involvement/ participation.
3. Illicit discharge detection/elimination.
4. Construction site runoff control.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 23, 2009 PAGE 7
5. Post-construction storm water management.
6. Pollution Prevention & good housekeeping for municipal operations.
Mr. Kosluchar said this is the completion of Fridley's si�th year under the NPDES program.
Fridley has been very proactive over the years in the implementation of a stormwater program.
Fridley had been meeting the requirements of the six minimum measures for many years prior to
the requirements at the Federal level.
Mr. Kosluchar said in the area of Public Education and Outreach, Fridley Municipal Television,
Channel 17, presented programs such as "Good Water Gone Bad," and "The Springbrook
Watershed Project." Several videos have on 109 occasions in 2008. These educational programs
explain stormwater and wetland interactions with development and non-point source pollution.
Including other stormwater-related programs, there were 410 total broadcasts in 2008.
Mr. Kosluchar said in 2008, the City focused on labeling catch basins along several locations
coinciding with the 2008 street reconstruction project. The City installed plastic disks embedded
in new concrete curb. A Fridley/Spring Lake Park joint event called Yard and Garden Get-
Together was held in late April, and 120 people attended. There were several handouts and
interactive guides available on stormwater topics.
Mr. Kosluchar said for Public Participation and Involvement, the City coordinated the grading
and planting of ten new rain gardens to be completed with the 2008 Street Reconstruction Project
and other projects as a cooperative effort with residents. The Springbrook Nature Center offers a
Wetland Curriculum featuring the University of Minnesota E�tension Service which was held as
a Field Day at Springbrook Nature Center with 300 students. Students from north metro
elementary and middle schools visited Springbrook to hear from 12 presenters on the topic of
streambed restoration.
Mr. Kosluchar said the City worked on the Illicit Discharge Detection and Elimination with the
storm sewer system map. System maps have been updated on a regular basis to include an
outfall inventory. Additional work continues to add information about the private storm sewer
systems to the City's database and maps. Fridley City Code, Chapter 110.02.6, prohibits the
dumping of hazardous materials into the storm drainage system or waterway. This is now
enforceable as a public nuisance. The October 2008 edition of the Fridley newsletter included an
Environmental Essential on stormwater pollution prevention. This newsletter is distributed to all
Fridley households.
Mr. Kosluchar said the City inspects a minimum of 20% of outfalls each year. Drains and
manholes are cleared of debris and accumulated sediments are removed as necessary. The
second phase of outfalls to Rice Creek were inspected in 2008. The inspection provides updated
visual and written information on the components, materials, and conditions of outfall structures.
Significant detention areas along East River Road were cleared of brush and cleaned.
Mr. Kosluchar said the Construction Site Runoff Control maintains compliance with
development ordinances. A stormwater management and erosion control ordinance was
approved by the City Council in 2006. In addition, ordinances are enforced to help protect
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 23, 2009 PAGE 8
shoreland areas and to require runoff control of parking areas. The City is refining requirements
for contractors and developers, to be applied to building permit requirements. The intent is to
educate the building and construction industry and provide compliance with our permit. The
City is also working on integrating guidelines further with construction permitting, maintaining
compliance on its projects, and assisting with education on compliance for contractors.
Mr. Kosluchar said in the area of Pollution Prevention/Good Housekeeping for Municipal
Operations, the City inspects and removes debris and sediment from the seven structural storm
sewer treatment devices each spring and fall. The City also completed 640 hours of street
sweeping during spring and fall rounds in 2008, removing approximately 3,200 cubic yards of
material from our streets. About half of this material is sand and dirt. The City has reduced the
amount of sand applied to roadways in 2008 by over 50% from 2006, which also reduces the
amount of spring sweeping.
Mr. Kosluchar said that the following websites may be helpful:
MPCA Stormwater Web Site - www.�ca.state.mn.us/water/stormwater/index.html
EPA Stormwater Web Site - www.epa.gov/npdes/stormwater
City of Fridley Web Site - www.ci.fridley.mn.us
Mayor Lund asked if any legislative action needed to be taken on this item or if it was just
informational.
Mr. Kosluchar said it was just informational.
Councilmember Bolkcom asked about using more salt on the roads and if too much salt was
going into environment.
Mr. Kosluchar said he did not notice an increase in salt tonnage so far this year. Sand is only
used as a method of traction when salt is not effective alone. The City is trying to control the salt
usage and not use e�tra sand. The future of salt use is unknown and safety is the City's primary
goal. There are other methods of de-icing that staff is looking at, but this is a difficult problem to
find a solution for.
11. Informal Status Report.
Councilmember Barnette said on Tuesday, March 3, at 4:00 p.m. there will be a
groundbreaking ceremony for the Fridley Commuter Rail station. It will be held off of 61st Way
and East River Road. After the groundbreaking ceremony there will be an open house at City
Hall starting at 5:00 p.m. This has been 11 years in the making and the station will run from Big
Lake to Downtown Minneapolis.
Councilmember Bolkcom said on March 4, MnDOT will have an open house and information
session regarding the University Avenue Resurfacing Project in the Fridley Council Chambers
from 4:00 to 6:00 p.m. There is also a Remodeling Fair on February 28 from 9:00 to 2:00 p.m.
at the Schwan Center in Blaine.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 23, 2009 PAGE 9
Councilmember Bolkcom said on February 28 at the Banfill-Locke Center there will be a"Kids
Do Art" show. Artwork will be on display from 1:00 to 3:30 p.m.
Mayor Lund said starting March 12 from 10:00 a.m. to 12:00 noon, there will be a"Fare for
All" program sponsored by the Emergency Food Shelf Network Food items will be available at
forty to fifty percent off of retail prices. This is open to everyone. There is no age or financial
restriction. The food is not free but greatly reduced. It will be held at the Community Center
once a month through the end of 2009. More information is available at
www. emer.p�encyfoodshelf. org.
Mayor Lund announced that on March 24 the Empty Bowls fundraiser will be held from 4:30
p.m. to 7:00 p.m. at Murzyn Hall in Columbia Heights. A free will donation will be accepted.
There will also be a silent auction and fun activities.
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Saefke.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:26P.M.
Respectfully Submitted,
Krista Monsrud Scott J. Lund
Recording Secretary Mayor