Loading...
07/27/2009 - 29239CITY COUNCIL MEETING CITY OF FRIDLEY JULY 27, 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 Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Richard Pribyl, Finance Director Fritz Knaak, City Attorney Scott Hickok, Community Development Director Jim Kosluchar, Public Works Director Debra Skogen, City Clerk Myra Harris, Special Projects Coordinator Don Maurer, Former Member of Fridley Police Reserves Pam Reynolds, 1241 Norton Avenue Peter Eisenzimmer, 6535 Oakley Drive William Holm, 7424 Melody Drive Joanne Zmuda, 6051 4th Street NE Blaine Jones, 54 Locke Lake Road Mr. and Mrs. Don Wegler, 6815 East River Road Barb Parcells, 5641 6th Street PRESENTATION: Alyssa Carlson and Alyssa Paradise, Fridley `49er Days Royalty, updated Council on the upcoming events as Royalty and encouraged residents to participate in the Night to Unite event on August 4, 2009. PROCLAMATION: Mayor Lund presented a proclamation for Nite to Unite which is being held on Tuesday, August 4, 2009, to Myra Harris, Special Projects Coordinator. FRIDLEY CITY COUNCIL MEETING OF JULY 27, 2009 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of July 13, 2009. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. OLD BUSINESS: 1. Second Reading of an Ordinance Amending Section 7.02 of the Fridley City Charter. William Burns, City Manager, said the City Council held the public hearing and approved the first reading of this ordinance at their meeting on July 13, 2009. If adopted, the amendment would allow the City Council to call for a special election to increase the tax levy or create new fees. It would also establish that these measures shall be approved by a majority of those voting on the issue rather than 51% of those voting in the election. Dr. Burns said although special elections do draw fewer voters than general elections, they permit all interested voters to vote by coming to the polls or by absentee ballot. Additionally, they allow issues to be brought to the voters in a timely manner. Dr. Burns said the City of Fridley, like its residents, is trying to exist in a very volatile economic climate. Like many families, the City has had to make deep cuts to accommodate lost state funding. These include a wage freeze, a freeze of inerit step increases, employee health insurance cuts, elimination of travel and conference expenses, and reductions in vehicle and equipment purchases. Altogether we have cut more than $1.2 million from the 2009 and 2010 budgets. This is on top of fourteen employees that have been cut since the year 2000. Although things may change between now and next spring when we begin our 2011 budgeting process, we appear to be headed for significant cuts in local services. Dr. Burns said while it is premature to single out specific cuts that might occur next spring, our estimate is that we will need $1.2 million in new revenues to balance the General Fund budget. This is the equivalent of the entire Street Division budget for 2010. It is also the equivalent of about 10 to 12 additional employee cuts. These cuts will come from all major service areas of the City and are likely to result in major program and service reductions for Fridley residents. While we recognize that these cuts may be unavoidable, we also realize that a special election will give Fridley residents a chance to choose between these service reductions and providing additional dollars to support local government. Dr. Burns said he would like to remind the participants in tonight's meeting of three things. First, demands for local government service remain strong. We have the same number of streets to plow and the same number of parks to mow regardless of the economy. We have also seen a 28% increase in the number of fire and medical assist calls between 2001 and 2008. Although the number of Police calls declined slightly since 2002 to about 21,000, Fridley continues to FRIDLEY CITY COUNCIL MEETING OF JULY 27, 2009 PAGE 3 have the 4th highest crime rate in the metro. There is also the increasing rate of requests for code enforcement. Our records indicate that we addressed 965 code enforcement violations in 2005. That number grew to 1,142 in 2006, to 1,184 in 2007 and to 2,047 in 2008. Dr. Burns said in addition to greatly increased code enforcement violations, we have also seen a sharp rise in the number of property abatements, including everything from mowing grass to removing blighted buildings. In 2007, our code enforcement staff conducted 40 abatements. The number rose to 991ast year and is already at 86 in 2009. Dr. Burns said the second comment has to do with the cost of Fridley services compared with other cities in our area. If you consider the costs of property taxes and utilities among Fridley and its nine contiguous neighbors, Fridley has the ninth lowest costs of the ten communities. He said his third closing comment is to ask you to remember that the proposed cuts for 2010 are not necessarily permanent. The City, for example, may not choose to freeze employee wages forever. Nor is it healthy to eliminate costs for professional training forever. We also do not have the choice of permanently eliminating vehicle purchases. There are also many external costs, such as the cost of gasoline and electricity that are largely outside of our control. Dr. Burns said staff recommends the approval of the second reading of this ordinance. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. NEW BUSINESS: 2. First Reading of an Ordinance Amending Chapter 206, Building Code, of the Fridley City Code Pertaining to the Minnesota State Building Code. William Burns, City Manager, said staff recommends that Council adopt the energy code amendments added to the State Building Code during the last legislative session. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. Receive the Minutes of the Planning Commission Meeting of the June 17, 2009. RECEIVED. 4. Receive the Minutes of the Planning Commission Meeting of July 15, 2009. RECEIVED. 5. Special Use Permit Request, SP #09-07, by Universal Signs, on behalf of Walgreens, to Allow an Electronic Readerboard Sign as Part of Their Free-Standing Sign, Generally Located at 6525 University Avenue N.E. (Ward 1). FRIDLEY CITY COUNCIL MEETING OF JULY 27, 2009 PAGE 4 William Burns, City Manager, said Walgreens is planning to replace a 42.9 square foot manual reader board sign with a 23 square foot electronic readerboard sign. The total square footage of the existing pylon sign after the change will be 60 square feet. The Planning Commission gave their unanimous approval to the request at their July 15 meeting. Staff recommends Council's approval subject to three stipulations. APPROVED WITH THE FOLLOWING THREE STIPULATIONS: 1. THE PETITIONER SHALL OBTAIN A SIGN PERMIT AND CURRENT SIGN ERECTOR LICENSE PRIOR TO INSTALLING ANY SIGNAGE ON SITE. 2. MESSAGE ON L.E.D. THAN AUTHORIZED CITY CODE. SIGN SHALL NOT CHANGE MORE OFTEN UNDER SECTION 214.07 OF THE FRIDLEY 3. MESSAGE ON L.E.D. SIGN SHALL NEVER FLASH OR HAVE MOTION THAT MAY DISTRACT VEHICULAR TRAFFIC IN THE AREA. 6. Resolution Authorizing Participation in the Safe and Sober Communities Grant Program. William Burns, City Manager, said Fridley, along with ten other Anoka County cities and the Anoka County Sheriff, is seeking $52,800 under the State's Safe and Sober Communications Grant program to fund their joint DWI saturation campaigns and community education. Fridley's share of the grant is $4,800. The money would be used between October 1, 2009, and September 30, 2012. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2009-26. 7. Resolution in Support of the Veterans Clinic in the Ramsey Town Center Development Located in Ramsey, Minnesota. William Burns, City Manager, said the United States Department of Veterans Affairs is planning the construction of a community-based outreach clinic in our area. The City of Ramsey is being considered as a site for the project, and they have asked Mayor Lund to provide a resolution of support. Unity Hospital supports the Ramsey site as does City staf£ Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 8. Claims (142545 — 142700). APPROVED. FRIDLEY CITY COUNCIL MEETING OF JULY 27, 2009 PAGE 5 9. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked to remove the City Council meeting minutes of July 13, 2009, and Item Nos. 1, 2, and 7 from the consent agenda. MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of the minutes from the City Council meeting of July 13, 2009, and Item Nos. 1, 2 and 7. 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 with the addition of the minutes from the City Council meeting of July 13, 2009, and Item Nos. 1, 2 and 7. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9A. Approval of the Minutes from the City Council Meeting of July 13, 2009. Councilmember Bolkcom said Pam Reynolds pointed out errors in her presentation from that meeting. She asked Attorney Knaak if the minutes were supposed to be a word for word documentation of the meeting or a summary of the meeting. Fritz Knaak, City Attorney, said the minutes are adopted as the official record of the Council proceedings. Minutes are usually a summary of the meeting and must be written, reviewable and revisable. MOTION by Councilmember Bolkcom to table approval of the minutes from the City Council meeting of July 13, 2009, until the August 10, 2009, City Council meeting. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OLD BUSINESS: 1. Second Reading of an Ordinance Amending Section 7.02 of the Fridley City Charter. FRIDLEY CITY COUNCIL MEETING OF JULY 27, 2009 PAGE 6 Councilmember Bolkcom said she received an email related to tax levy increases. Richard Pribyl, Finance Director, said new information was received that was not available at the time of the public hearing. Staff was told a general or special election must be held on or before November 3 to be effective for a 2011 levy. Anything approved after that date would be applicable in 2012. He said it still provides the City the ability to discuss the possibility of a franchise fee. The one tool that has been removed is the tax levy. Councilmember Bolkcom said a special election could still be held but it would not have an effect on taxes payable in 2011. Mr. Pribyl said correct. A special election to increase the tax levy had to take place on or before November 3 to apply to the 2011 taxes. Councilmember Bolkcom asked why. Mr. Pribyl said it has to do with timing and the process of notification. Peter Eisenzimmer, 6535 Oakley Drive, thought Council was trying to push this ordinance through. He hopes people can see what is going on and will vote it down so the City doesn't get anything at all. Mayor Lund said if residents vote against this ordinance they need to remember that the additional revenue that would be collected is for the benefit of the community, not for staff or Council. Don Wegler, 6815 East River Road, said the Charter Commission is here to keep Council from doing what they are trying to do. He said employees should be reduced and should take a cut in salary. He said Council needs to show good governing and pull out of this without raising taxes. Ms. Don Wegler, 6815 East River Road, said she and her husband have lived here for 60 years. They are retired and have one income and can't afford increased taxes. Mayor Lund said everyone is on a fixed income and does not want to see an increase in taxes. This item is not about raising taxes. We are talking about changing our local constitution to allow the City Council to ask voters for a special election and to reduce the margin of passage from 51% of all voters to a majority of people voting on the issue. Ms. Wegler said there should be a meeting about taxes in December. Mayor Lund said there will be a meeting in December about taxes. Blaine Jones, 54 Locke Lake Road, said he is a member of the Fridley Appeals Commission. He read the article in the Sun Focus about the amendment and it was still unclear to him. His point is that if he was unfamiliar with this Charter amendment, it would not have been clear to him after reading the article either. He does agree that any discussion about taxes or any cuts in FRIDLEY CITY COUNCIL MEETING OF JULY 27, 2009 PAGE 7 services are a separate discussion. There is a relationship with those issues but that will need to be faced in the future. Mr. Jones said that if a special election were to be held, he is in favor of changing the 51% of all those who voted in the last election to the majority of the people who vote yes/no on the issue. When people find this out they would agree that this is wrong. This is a big miscarriage of justice that someone who does not vote for this issue has a more important vote than someone who votes for or against it. That is not how this country or city was built and what we should be standing for. No one wants their taxes raised or services cut. He has talked and explained this to other people and they were surprised to hear that this is how it works. Mayor Lund said that Mr. Jones is correct and it is hard to get information to the people. Staff is asking for this change to allow for a special election so the City Council can go to the voters. Mr. Jones said he would like to challenge everyone to help communicate this information to people so they understand what it is about. It is to allow for a special election, not to increase taxes. Pam Reynolds, 1241 Norton Avenue, said she was not sure Mr. Jones understood that this is not an amendment that is being voted on unless a petition comes forward. A normal Charter amendment brought to the voters would require the 51% requirement. The language that is being changed by this ordinance is to allow a special election in order to increase levies and fees as if it were the same language as if it were a Charter amendment. The Charter amendment will not go to the voters without a petition and the 51% Charter amendment does not go away. Deb Skogen, City Clerk, said that if a petition comes forward and goes to an election, it would require 51% of those who vote on the question. If there is no petition it would be effective in 90 days. Bill Holm, 7424 Melody Drive, said the Charter Commission voted 8 to 2 to recommend this amendment to the City Council, so they could pass it and permit the voters the opportunity to consider an increase in revenue or cuts in services. The Charter needs to be updated from time to time. The people opposing this issue are the same who opposed the utility amendment. If the utility amendment had not passed, the City would have gone flat. MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt Ordinance No. 1260 on second reading. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 2. First Reading of an Ordinance Amending Chapter 206, Building Code, of the Fridley City Code Pertaining to the Minnesota State Building Code. FRIDLEY CITY COUNCIL MEETING OF JULY 27, 2009 PAGE 8 Councilmember Bolkcom said she understands this is a building state energy code requirement that is asking Fridley to have this put in as part of the City ordinance related to the building code. She asked if we really needed to adopt it by ordinance. Fritz Knaak, City Attorney, answered yes, codes are required to be adopted by cities. Part of city ordinances and codes is incorporated by reference, enforced by the city ordinance and allows the city to charge violations as a crime in order to enforce the ordinances. If they have not incorporated the changes or language, cities find themselves with enforcement problems. Councilmember Bolkcom said Council doesn't have the opportunity to pick and choose what they want to adopt, everything needs to be adopted. Attorney Knaak said that sometimes there is a rare occasion where the city may request to opt in or opt out but not in this case. Councilmember Bolkcom asked if the City had to buy the code book from the state because the information is not available online. Scott Hickok, Community Development Director, said that is correct. The set of code books cost several thousand dollars and the City is required to have the document. The document is available at libraries too. MOTION by Councilmember Bolkcom to waive the first reading and adopt the ordinance on first reading. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 7. Resolution in Support of a Veterans Clinic in the Ramsey Town Center Development Located in Ramsey, Minnesota. Councilmember Bolkcom said having read the article in the Star Tribune, not only the city of Ramsey but the cities of Anoka and Elk River were also selected. She was surprised Fridley would support the City of Ramsey for the clinic over Anoka or Elk River. Mayor Lund said he did see that article. He asked Dr. Burns if staff had any reason for Council not to endorse this item. Councilmember Bolkcom said that the County Commissioners would like to see this in Anoka. She felt Council was stepping on the toes of another city. Councilmember Barnette said that he supports the resolution. The City of Ramsey has been a part of the Northstar Commuter Rail for the last 11 to 12 years. There was a time when Fridley and Ramsey was competing for the station. The City of Ramsey lost out on the deal and the current Mayor is still working hard to get facilities to come into Ramsey that would lead to a commuter rail station there. A Veteran's outpatient clinic could use services in Ramsey and ride FRIDLEY CITY COUNCIL MEETING OF JULY 27, 2009 PAGE 9 the train there; it would be a wonderful facility close to home. This is not indifference to the city of Anoka or Elk River or anyone who else wants this. The only city who asked for support is Ramsey and they have been a great supporter for Fridley. Councilmember Bolkcom asked if a different city asked for support other than Ramsey if Councilmember Barnette would support the resolution. Councilmember Barnett answered no. Councilmember Bolkcom said she would not support this because there are other communities who are interested. Just because other communities have not come forward it is not for her to decide as a City Council member where the clinic should be located. Mayor Lund said that he is inclined to vote in favor because Ramsey has asked us for this. He has done some research and it seems preferable and favorable to vote for this. This is the first he has heard that there are other cities interested and he has not received any requests from other communities on this issue. The Ramsey Town Center would make it a preferable site because the infrastructure is already there. MOTION by Councilmember Barnette to adopt Resolution No. 2009-27. Seconded by Councilmember Saefke. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER SAEFKE AND COUNCILMEMBER VARICHAK VOTING AYE AND COUNCILMEMBER BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. OPEN FORUM (VISITORS): Joanne Zmuda, 6051 4th Street NE, asked what is going on at the Sandy's site. She said it was time the City makes the owner fix it or take it down. Mayor Lund said the property is in an abatement process and notices have been sent out. This process takes time and any work needed to secure the building from vandals has been done. Unless the building is so dilapidated to become a health and safety issue, it cannot be torn down. The building is quite secure right now and the City has made an honest attempt to secure building. The City has some guidelines to meet a minimum standard. He agreed that it is an eyesore. When a closing takes place on this property, the City will get their money back. Scott Hickok, Community Development Director, said this property was recently sold in a sheriff's sale. He has been in contact with the new owners and has informed them of the abatement costs which are about $30,000. He agreed with Mayor Lund that there are limits in what the City can do. The new owners have bought the property as investment for resale. There is a plan that needs to be followed and staff will remain optimistic the new owner will do something. Hopefully we will see good activity happening soon. FRIDLEY CITY COUNCIL MEETING OF JULY 27, 2009 PAGE 10 Councilmember Bolkcom asked if this property was in bad enough shape to be considered a hazard. Mr. Hickok said no. The difference is that some of the properties that were declared hazardous had foundations that were crumbling so the building could fall over. Structurally this building is good. The gas and power supply have been shut off so if lights were seen in there people were in there with flashlights. The new owner will have to meet code provisions before the gas and power can be turned back on. Councilmember Bolkcom said that if people see unusual activity in this building they should call 911 and report it. Pete Eisenzimmer, 6535 Oakley Drive, said in January staff took time to come and see a problem he was having with water in his back yard and took pictures. He called Jim Saefke and he has not returned his call. He asked if there were any answers to his problem. Mayor Lund said he talked to Mr. Kosluchar and said the back yard is the lowest property in the immediate neighborhood. He suggested filling and raising the elevation and filling in the swale that was in there. The house was built a little low, like eight inches. There is no natural swale in the yard. Instead of raising or filling in the area a rain garden could be created to absorb and retain water. Mr. Eisenzimmer said the problem comes when there is frost in the ground. Jim Kosluchar, Public Works Director, said that he stopped by Mr. Eisenzimmer's home and did not catch him at the house. He said he could stop by and offer some suggestions. Councilmember Saefke clarified that he did call Mr. Eisenzimmer back concerning this problem and property taxes. Barb Parcells, 5641 6th Street, said she is having ongoing issues with the rental property behind her home. Mayor Lund said it sounds like she is having conversations with the code enforcement people so they may be aware of some of the issues. Ms. Parcells said she has called the police and has taken pictures of things that have happened to her property. Six weeks ago she had over 165 rocks thrown in her yard from kids trying to break her windows. Officer Stevens came and was given the names of the kids and where they lived. She was wondering at what point it has to be with an absentee landlord for the City to revoke the rental license. She asked how long this can go on with nothing being done. There have been code violations but they are corrected and then shortly after the correction, the violations are back again. Mayor Lund said the code violations must be extreme to justify revocation of the rental license but this sounds like it has been ongoing for the last few years. FRIDLEY CITY COUNCIL MEETING OF JULY 27, 2009 PAGE 11 Ms. Parcells said kids are now starting to destroy the lilac bushes in the alley to make a fort inside. She is not sure if the lilacs are on City property or the rental property because she does not know where her property ends. She said that she is being retaliated against for trying to correct these problems and the quality of the tenants is going down every day, every year. Mr. Hickok said staff is not happy with these rental people either. This issue has been in court for about 1'/z years. The property owners are great to reschedule or have the attorney appear in their absence. This case is getting close to going to court and staff is extremely frustrated. There are three owners and all three owners have been sited. Some of the issues being addressed are behavioral issues, code issues, dumpsters, parking on grass, inoperable vehicles on site, etc. Councilmember Bolkcom said there is a part in the rental license related to behavior and police calls and she encouraged Ms. Parcells to continue to call the police. Licenses can be revoked if owners are not holding renters to certain behavior expectations. Ms. Parcells said she would like the property owner to install an 8' wooden privacy fence. Mayor Lund said he did not know if he could force that on the owner but if prudent, they could look into revocation of the rental license. Attorney Knaak said that part of the issue here is the corporate ownership and part of problem was finding the owners. Two criminal preliminary hearings are coming up in August. The first one is August 11 and he is anticipating things will start to happen as early as August. He advised Ms. Parcells to contact Julie Jones to confirm the date and time of the hearing. Don Maurer, Retired Fridley Police Reserves, said a program is coming up with the Police Department. The Citizens' Academy starts September 2 and will run for eight weeks from 6 p.m. to 9 p.m. every Wednesday. This is an opportunity for citizens of Fridley and anyone who is working within the city to learn and get an understanding of the Police and Fire Departments and how they operate and what they do. Participants will work in rescue scenarios, put on Fire Department gear, find victims in a dark room, etc. He invited members of the Council to participate. It is a fun program going on its fourth year. Applications are available at the Police Department and anyone 18 years or older may participate. Mayor Lund asked if there was a fee for this program. Mr. Maurer said it is free of charge and the majority of the participants are volunteers. Mayor Lund asked if there was a restriction to the number of participants. Mr. Maurer answered yes, there is a max of 25 people and with Nite to Unite coming up the class will fill up fast. Contact the Police Department if you are interested or call Sergeant Mork at 763-502-1952. FRIDLEY CITY COUNCIL MEETING OF JULY 27, 2009 PAGE 12 Councilmember Varichak said she participated in this event last year and it was a positive experience. She never realized what the Police and Fire Departments go through in all their different scenarios and encouraged people to participate as it was very enlightening. NEW BUSINESS: 10. Preliminary Plat Request, PS #09-03, by the City of Fridley's Housing and Redevelopment Authority, to Create Three New Lots to Allow for the Construction of the Northstar Commuter Rail Station Site, Generally Located at 5990 Main Street N.E. (Ward 3). Scott Hickok, Community Development Director, said petitioner is seeking to replat the property located at the southwest corner of Main Street and 61st Avenue to create new lots and legal descriptions. This would allow the Housing and Redevelopment Authority (HRA) to lease the land necessary for the Northstar Commuter Rail park and ride facility to the Metropolitan Council. Mr. Hickok said the City's HRA purchased the property necessary for the Northstar station on the east side of the BNSF rail line after the Federal funding for the Northstar project came up short. The HRA will retain ownership of the site, but is entering into a long-term (200 year) lease agreement with the Metropolitan Council for the operation of the park and ride site on the HRA property. In order to create the necessary legal documents for the agreements and to provide the HRA with an opportunity to develop a portion of the site in the future, it is necessary to replat the property into the proposed preliminary plat layout. Mr. Hickok said Metro Transit will operate the 337 parking stall park and ride facility on Lot 2 and Lot 2A through the lease agreement with the HRA. The HRA is responsible for providing adequate storm water ponding on the site, but due to the uncertainty of the site's future layout, the HRA is providing an easement for the use of the pond found on the northern lot, which is Lot 3. The Planning Commission held a public hearing on this item on July 15, 2009, and unanimously recommended approval. City Staff recommends concurrence with the Planning Commission. Councilmember Bolkcom asked if the development has to work around the pond or if there would be opportunities to pond elsewhere. Mr. Hickok said an elaborate land lease has to be approved. With this in place, language will go into the lease agreement to allow the City to redevelop this site. The agreement would allow the City, as long as there were 337 parking stalls, to build as we choose to build. This could include moving the pond and developing that parcel. Part of Council's early requirement is that the parking portion be set back from the residents on 61st Avenue. Councilmember Bolkcom said a minimum of 337 parking stalls is required and no more could be put in there unless a parking ramp was developed. FRIDLEY CITY COUNCIL MEETING OF JULY 27, 2009 PAGE 13 Mr. Hickok said that would need to be a renegotiated piece to this, not anticipating more than 337 parking stalls would be needed. This is part of the land lease agreement. Councilmember Bolkcom said Lot 1 and lA are yet to be developed Mr. Hickok said correct. The City, through the HRA, would be the developers so Council would be the first to know about the redevelopment. MOTION by Councilmember Bolkcom to approve the Preliminary Plat Request, PS #09-03, by the City of Fridley's Housing and Redevelopment Authority. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. Resolution Receiving Preliminary Report, Ordering Preparation of Preliminary Plans and Specifications, and Calling for a Public Hearing on Improvement for Street Rehabilitation Project No. ST. 2009-02. Jim Kosluchar, Public Works Director, said staff is continuing in the fourth year under the City's assessment policy for major maintenance of streets that have concrete curb and gutter. This program will continue in future years to continue the necessary upkeep of city streets. This project has been initiated to rehabilitate the deteriorated asphalt surface. It has been included in the 5-Year Capital Improvements Plan and draft 2010 Budget. Mr. Kosluchar said staff has been successful in obtaining stimulus funding under the American Recovery and Reinvestment Act of 2009 (ARRA) for a portion of this project. One reason this project was selected as a candidate for stimulus funding was the amount of abutting property that is non-assessable under our policy. With the use of ARRA funding, a more aggressive schedule for the project is required. This is why the project initiation is occurring at this time. Mr. Kosluchar said the project includes a resurfacing of 61St Avenue and Moore Lake Drive from Starlite Boulevard to Central Avenue. The segment from University Avenue to 7th Street is excluded as it was resurfaced in 2007. The length of street construction is estimated at 1.7 miles and includes approximately 1.4 miles of full-width road resurfacing. The project also includes upgrade to bicycle and pedestrian facilities through reconstruction of walk ramps and installation of signage and striping. Mr. Kosluchar said staff is planning on holding an open house and assessment hearing on the following dates: Open House on August 18, from 5:30 p.m. to 6:30 p.m. and Assessment Hearing on August 24, at 7:30 p.m. A notice of the hearing will be published in two editions of the Sun Focus and individual letters will be mailed to owners subject to the assessment. This project was originally scheduled for 2010. With availability of ARRA funding, the schedule is accelerated. Certification of assessments are planned with the same schedule, however. FRIDLEY CITY COUNCIL MEETING OF JULY 27, 2009 PAGE 14 Mr. Kosluchar reviewed the Costs and Funding. The project cost equals $463,000 of which $370,000 is for milling and overlay, $50,000 for bicycle/pedestrian accessibility improvements, $27,000 for road upgrades, and $16,000 for utilities. Funding sources include $254,000 from ARRA/State Aid, $193,000 assessed to adjacent properties, and $16,000 from respective utility funds. He reviewed the schedule. MOTION by Councilmember Bolkcom to move into record the feasibility report. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked for clarification that it is necessary to receive this report tonight so a public hearing date can be set. William Burns, City Manager, said that is correct. Councilmember Bolkcom said she was uncomfortable ordering a public hearing when she did not know a lot about the project. She asked if staff was comfortable the timeline would be met. Mr. Kosluchar said he was not concerned with the timeline of the project but submitting all the paperwork for the Federal permit process may take time. Until all the documents are in the appropriate hands, the schedule is in question. If the documents are turned around in a timely manner, the timeline will not be a problem. Councilmember Bolkcom asked whether the project would be done if the documents were not received in a timely manner. Mr. Kosluchar said the requirement is to pursue and do this project as quickly as possible. If the documents are not available to start construction, there is no requirement to construct by that date. Councilmember Bolkcom asked if the Stimulus Funds would go away if the project is underway. Mr. Kosluchar said the bid must be scheduled prior to November 13, 2009. That is the deadline. Fridley was selected because this project can be turned around in a short amount of time. This is a pretty simple project with the exception of the paperwork. Councilmember Bolkcom asked if the Federal Stimulus money runs through MnDOT. Mr. Kosluchar said MnDOT did the selection process. Information on the other 60 projects selected statewide can be found on MnDOT's website. Councilmember Bolkcom asked if this happened this year if another project was in the works for next year. FRIDLEY CITY COUNCIL MEETING OF JULY 27, 2009 PAGE 15 Mr. Kosluchar said a number of projects were on the list. This project is less than half of the total program for next year but the largest section. Councilmember Bolkcom asked about the non-assessed properties involved in this project. Mr. Kosluchar said the project includes City and school properties, HRA and rail properties, the water plant and a number of other segments that are not subj ect for assessments. Mayor Lund asked if there were any storm water issues in this area. Mr. Kosluchar said that he was not aware of any complicated issues. The sewer system was televised and looked good. Some inlets may be repaired and other issues may come about at the open house. MOTION by Councilmember Bolkcom to adopt Resolution No. 2009-28. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Resolution Approving the Final 2030 Comprehensive Plan for the City of Fridley. Scott Hickok, Community Development Director, said on November 10, 2008, the City Council approved the draft plan by resolution. Staff submitted the draft document to the Met Council following City Council approval. On December 16, 2008, Met Council staff found the plan incomplete so staff spent the next few months providing additional information to Met Council staff. Mr. Hickok said all changes were insignificant and only further clarified the City's intent or updated information that had changed since the plan update began in 2006. The Metropolitan Council completed its formal review on June 10, 2009, and the last step in the process is adoption of a resolution by the City Council. Staff recommends Council's approval. Each Council member and Planning Commission member has been provided a copy of the final plan for reference. Printed copies of the 299-page plan are available at City Hall and at the library for viewing. The plan can also be viewed electronically on the City's web site at www. ci. fridley. mn.us. Councilmember Bolkcom said about $80,000 in staff time was spent on this report which will not be reimbursed by anyone. People ask about what staff does and what can be cut, and this is an example that involved a number of parties and had to be done. Councilmember Barnette said the plan was very well done. Councilmember Varichak said this is a plan, and it is not written in stone. Everything needs a plan and this is well documented. FRIDLEY CITY COUNCIL MEETING OF JULY 27, 2009 PAGE 16 MOTION by Councilmember Barnette to adopt Resolution No. 2009-29. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. Informal Status Report. Jim Kosluchar, Public Works Director, said on July 30 there will be an open house about the 61st Way road signal. Neighbors concerned or interested in this project should come to City Hall from 5:30 p.m. to 7:30 p.m. William Burns, City Manager, said this gives staff the opportunity to talk to individuals and address any concerns. Councilmember Bolkcom said people are encouraged to come and discuss with County Engineers their concerns related to the left hand and stacking lane. This meeting is run by the County and there will be no formal presentation. Mr. Kosluchar said over 300 notifications were mailed by Anoka County about this open house. Dr. Burns said that the August newsletter will be coming out soon and encouraged residents to read it. He also announced that a survey was sent to employers and employees regarding a shuttle service for the Northstar Commuter Rail. Scott Hickok, Community Development Director, said the next paper shredding event will be at the Municipal Center parking lot on Saturday, August 1, from 9:00 to noon. Councilmember Bolkcom reminded City residents that the Nite to Unite event is on Tuesday, August 4. Mayor Lund said Monday, August 3 is the August Fest sponsored by the Fridley Historical Society. It starts at 6:00 p.m. Councilmember Varichak said Wednesday, August 5 is the Charity Softball Game at Huset Park in Columbia Heights at 6:00 p.m. Mr. Kosluchar said Wednesday, July 29 is a wine tasting event sponsored by the Rotary at the Springbrook Nature Center. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. FRIDLEY CITY COUNCIL MEETING OF JULY 27, 2009 PAGE 17 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 9:55 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor