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06/08/2009 - 29236CITY OF COUNCIL MEETING CITY OF FRIDLEY JUNE 8, 2009 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:29 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember Saefke Councilmember Varichak Councilmember Bolkcom MEMBER ABSENT: Councilmember-at-Large Barnette OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney James Kosluchar, Public Works Director Scott Hickock, Community Development Director PRESENTATION: Fridley `49er Royalty RECOGNITION: Mayor Lund recognized a$25,000 donation to the City by William Berry. Mr. Berry asked that a memorial be created for his wife. A memorial garden is being created at the west edge of the existing parking lot of the Springbrook Nature Center. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of May 18, 2009. APPROVED. NEW BUSINESS: 1. Variance Request, VAR #09-01, by Harold Voth, HDR Engineering, Inc., on behalf of Minneapolis Water Works, to Reduce the Front Yard Setback from 35 Feet to 13 Feet to Allow the Construction of a Dewatering Plant Improvement Project, Generally Located at 4300 Marshall Street N.E. (Ward 3). FRIDLEY CITY COUNCIL MEETING OF JUNE 8, 2009 PAGE 2 William Burns, City Manager, stated the variance will allow them to construct two new clarifiers. There are already existing sub-storage tanks that are within 13 feet of the Marshall Street right-of-way. The Appeals Commission voted unanimously to approve the request at their May 27 meeting. Staff recommends Council's approval. APPROVED. 2. Variance Extension Request, VAR #09-02, by John and Caroline Krack, to Reduce the Rear Yard Setback from 25 Feet to 18 Feet 9 Inches to Allow the Construction of a 20 Foot by 23 Foot Living Addition Off the Back of the Existing Home, Generally Located at 7629 Lakeside Road N.E. (Ward 2). William Burns, City Manager, stated the original variance was approved on June 11, 2008. It allowed a reduction of a rear yard setback from 25 feet to 18 feet 9 inches for the construction of a 20 foot by 23 foot living area. It was postponed until this summer. Staff recommends Council's approval of a one-year extension of the variance. The variance would expire on June 10, 2010. APPROVED. 3. Approve Agreement for Residential Recycling Program between the City of Fridley and the County of Anoka. William Burns, City Manager, stated the agreement enables the City to receive $65,970 in SCORE money to offset some of the costs of our residential recycling program. The terms of the agreement are basically the same as in preceding years. The agreement can be terminated by either party with seven days written notice. Staff recommends Council's approval. APPROVED. 4. Approve Change Order No. 1 for the 85t'' Avenue Trail Project No. ST2007-4. William Burns, City Manager, stated the total cost of the change order is $5,125. The costs included $385 for traffic control at the railroad tracks while they installed a cement platform between the tracks and $4,740 for additional erosion control work when they found soggier than expected soils. The change order increases the project costs to $777,378.70. Staff recommends Council's approval. APPROVED. 5. Resolution Authorizing Adoption and Execution of a Mutual Aid Agreement between the Minnesota Department of Natural Resources and the City of Fridley Fire Department. 2 FRIDLEY CITY COUNCIL MEETING OF JUNE 8, 2009 PAGE 3 William Burns, City Manager, stated the agreement applies to wildland fires and structure fires related to wildland fires. The main incentive for becoming involved in this agreement is to ensure we will be reimbursed when we are called by the DNR to places like the Carlos Avery Wildlife Management Area to assist in fighting wildland fires. The agreement also ensures that we will be assisted by the DNR in handling our own wildland fires. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2009-23. 6. Resolution Authorization Adoption of Anoka County Mutual Aid Agreement for the Use of Fire Department Personnel and Equipment Between Municipalities in Anoka County. William Burns, City Manager, stated this is an ongoing mutual aid agreement that was last upgraded in 1994. It provides the terms and conditions for fire department mutual aid among Anoka County cities. There have been no significant changes in this agreement since it was last approved by Council. One thing that is changing is it gives the fire chiefs a little more leeway or latitude in sending equipment. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2009-24. 7. Claims (141808-142082). APPROVED. 8. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 9. Estimates. Newquist & Herrick Law Offices, P.C. 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432-4381 Contract Retainer for June, 2009 Including Expenses ...................................... $ 24,397.50 Classic Protective Coatings N7670 State Highway 25 Menomonie, WI 54751 Water Tower #2 Rehabilitation Project No. 378 FINAL ESTIMATE ................................... $ 11,494.00 3 FRIDLEY CITY COUNCIL MEETING OF JUNE 8, 2009 PAGE 4 Shank Contractors, Inc. 3501 — 85th Avenue North Brooklyn Park, MN 55443 Commons Park Water Treatment Plant Improvements Proj ect No. 379 Estimate No. 6 ............................................. $ 28,683.39 Colt Construction Services, LLC 285 Forest Grove Drive, Suite 126 Pewaukee, WI 53072 85th Avenue Trail Project No. ST. 2007-4 Estimate No. 4 ............................................. $ 40,271.34 Ron Kassa Construction 6005 East 250th Street Elko, MN 55020-9447 Miscellaneous Concrete Repair Project No. 384 Estimate No. 2 ............................................. $ 30,996.79 Hardrives, Inc. 1475 Quiram Drive Rogers, MN 55374-9461 2009 Street Rehabilitation Project No. ST2009-01 Estimate No. � 1 ........................................... $247,405.00 APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Varichak to approve the proposed consent agenda. Seconded by Councilmember Saefke. 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 as presented. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 0 FRIDLEY CITY COUNCIL MEETING OF JUNE 8, 2009 PAGE 5 OPEN FORUM: No one from the audience spoke. NEW BUSINESS: 10. First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #09- O1, by Premier Central 65 Partners, to Rezone from M-2, Heavy Industrial, to R-3, General Multiple Units, Generally Located at 7011 University Avenue N.E.) (Ward 1). Scott Hickok, Community Development Director, said this is the first reading of an ordinance that would rezone the property for the Columbia Arena site from M-2, Heavy Industrial, to R-3, Multi-Family Residential. This will be a 176-unit residential complex ranging from independent living to nursing care. Also, on the site will be a clinic that will be two stories and 50,000 square feet with brick, glass, and a stucco-like exterior. Mr. Hickok stated the action tonight is the first of four that will be required, and actually five if you look at the second reading of the ordinance. Rezoning needs to happen technically before the two special use permits and the plat are reviewed. Those will happen at the next meeting. The special use permits for the senior complex and the clinic and the plat will have to technically happen after the rezoning occurs. The rezoning takes two readings. Those items will be on the June 22 agenda. Staff recommends approval of the first reading of this ordinance. Councilmember Bolkcom asked whether all the issues related to parking, easements, the soccer field, and the fire training facility have been worked out. Mr. Hickok stated the design elements for the entrance to the training center have been worked out. Staff has reviewed the layout for trails and they are acceptable. There will be a development agreement for Council to review. Councilmember Bolkcom asked when that would take place. Mr. Hickok replied after the second reading. MOTION by Councilmember Saefke to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. Approve Memorandum of Understanding for the Reconstruction of County Road 132 (85t'' Avenue) from 1,450 Feet West of Springbrook Drive to TH 47 in the Cities of Blaine, Coon Rapids, and Fridley. 5 FRIDLEY CITY COUNCIL MEETING OF JUNE 8, 2009 PAGE 6 James Kosluchar, Public Works Director, stated Anoka County obtained federal highway safety improvement funding for this project. They intend to add left turn lanes on the eastbound and westbound directions. As part of that construction, they will be widening the roadway, reconfiguring the approach lanes from the north and south, and installing a new signal at the intersection. They will also be doing some storm water improvements. Mr. Kosluchar stated the cities of Blaine, Coon Rapids and Fridley have been asked to participate in this project by Anoka County. Staff is requesting that Council approve this Memorandum of Understanding which assigns the responsibilities for the reconstruction project. We are trying to set this in place so the County can continue with the project. It will also establish a guide as far as our participation. The City of Fridley's share of the $1.5 million project is about $132,200. Since the County is receiving federal funds, our participation may be much less. Staff recommends Council's approval. Councilmember Bolkcom asked if this would improve the traffic signal by Slumberland and Payless Shoes so there will actually be turn lanes. Mr. Kosluchar replied, yes. Councilmember Bolkcom asked if there will be a right-hand turn lane into the Nature Center. Mr. Kosluchar replied, no. Councilmember Bolkcom asked if it will affect our bikeway/walkway. Mr. Kosluchar replied, we provided them with our plans. There will be some minor changes because they need to connect it this year but they are talking about 20 feet outside of the intersection. Just the approach is being realigned and repaved. We cannot adjust the crossing this year if we are going to have the trail open. When they move the signal south, then the crossing is going to move to the south. So those approaches will have to be relocated. Mayor Lund stated although he thinks it is necessary to do this intersection, he is a little disappointed that the County is not going to retrofit the entire road over to East River Road and widen it. He asked if expansion had ever been discussed with the County. Going into Springbrook Nature Center is an accident waiting to happen. It is a very busy and fast road. Mr. Kosluchar replied he had a discussion with the County prior to the 85th Avenue trail project being re-initiated. They did not have it scheduled. It was not in their five-year plan. He thinks part of it may be the funding source. The federal funds were available for safety improvements that meet certain criteria. Mayor Lund asked whether this project got moved up in the priority level because of the stimulus money. Mr. Kosluchar replied he knows it is not stimulus related. They started talking about this intersection about a year ago. � FRIDLEY CITY COUNCIL MEETING OF JUNE 8, 2009 PAGE 7 Mayor Lund said he thought it was stimulus money that was going to substantially reduce our share costs. Mr. Kosluchar replied it is federal safety improvement dollars, and Anoka County applied for those dollars on this project. Councilmember Bolkcom stated maybe they can show them some safety issues. Mayor Lund requested Dr. Burns and Mr. Kosluchar to voice his concerns that the whole road needs to be improved. Mr. Kosluchar replied, he will do that. Councilmember Bolkcom asked if it is over the estimated $150,000, it would come back to them because that is what is in the budget now. Mr. Kosluchar replied, that is correct. MOTION by Councilmember Bolkcom to approve the Memorandum of Understanding for the Reconstruction of County Road 132 (85th Avenue) from 1450 Feet West of Springbrook Drive to TH 47 in the Cities of Blaine, Coon Rapids, and Fridley. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Informal Status Reports Mayor Lund encouraged people to support Fridley `49er Days. ADJOURN. MOTION by Councilmember Varichak, seconded by Councilmember Saefke, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 8:03 P.M. Respectfully submitted by, Denise M. Johnson Recording Secretary 7 Scott J. Lund Mayor