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09/28/2009 - 29266CITY COUNCIL MEETING CITY OF FRIDLEY SEPTEMBER 28, 2009 The City Council meeting for the City of Fridley was called to order by Mayor Pro Tem Barnette at 7:30 p.m. ROLL CALL: MEMBERS PRESENT: Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom MEMBERS ABSENT: Mayor Lund OTHERS PRESENT: William Burns, City Manager Rachel Harris, Environmental Planner Fritz Knaak, City Attorney Scott Hickok, Community Development Director Jim Kosluchar, Public Works Director PROCLAMATIONS: Student Foreign Exchange Week: September 29-October 4, 2009. Marie Kuehne, Germany Sebastian Barrientos, Chile Fire Prevention Week: October 4-10, 2009. Domestic Violence Awareness Month — October 2009. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of September 14, 2009. APPROVED. NEW BUSINESS: 1. Receive the Minutes form the Planning Commissioner Meeting of September 16, 2009. RECEIVED. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 2 2. Resolution Directing Preparation of the Assessment Roll for the 2009 Nuisance Abatement. William Burns, City Manager, said the 48 property owners will be assessed for one year at an interest rate of 6.5%. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2009-39. 3. Resolution Directing Publication of the Hearing on the Proposed Assessment Roll for the 2009 Nuisance Abatement. William Burns, City Manager, said staff is planning the assessment hearing for the October 26 Council meeting. This resolution directs staff to publish the public hearing notice for nuisance abatement assessments. These are directed at 48 properties for a total assessment of $47,548.86. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2009-40. 4. Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment for Street Improvement Project No. 2009-1. William Burns, City Manager, said the 244 property owners will be assessed over 10 years at an annual interest rate of 6.5%. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2009-41. 5. Resolution Directing Publication of the Hearing on the Proposed Assessment for Street Improvement Project No. 2009-01. William Burns, City Manager, said the 2009 project included 244 properties. The property owners will be assessed a total of $495,123.13. The assessment hearing is planned for the October 26 Council meeting. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2009-42. 6. Special Use Permit Request, SP #09-05, by LAI Midwest, Inc., to Allow Limited Outdoor Storage, Generally Located at 7645 Baker Street N.E. (Ward 1); and Resolution Approving Special Use Permit, SP #09-05, for LAI Midwest, Inc., 7645 Baker Street. William Burns, City Manager, said petitioner is seeking a special use permit for outdoor storage in two areas of the rear yard. One area is directly behind the building and contains approximately 2,900 square feet. The other area is along the eastern edge of the property and contains approximately 1,380 square feet. Both areas are well within the allowable outdoor FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 3 storage space for this property. The Planning Commission unanimously recommended approval at their September 16 meeting subject to four stipulations. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA 7. Special Use Permit Request, SP #09-10, by Larsen's Manufacturing Co., to Allow Limited Outdoor Storage, Generally Located at 7421 Commerce Lane N.E. (Ward 3); and Resolution Approving Special Use Permit, SP #09-10, by Larsen's Manufacturing, 7421 Commerce Lane N.E. William Burns, City Manager, said petitioner is seeking a special use permit for outdoor pallet storage in two areas. The total square footage of the two areas, 1,065 square feet, is well within the allowable storage space for this property. The Planning Commission unanimously recommended approval at their September 16 meeting subject to two stipulations. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA 8. Special Use Permit Request, SP #09-11, by CSM Properties, to Allow Limited Outdoor Storage, Generally Located at 490-494 Northco Drive (Ward 1); and Resolution Approving Special Use Permit, SP #09-11, for CSM Properties, 490 Northco Drive NE. William Burns, City Manager, said petitioner is seeking a special use permit to allow limited outdoor storage of storage trailers, lumber metal fi�tures, equipment and various recycling materials for two different businesses at six different locations. Altogether, the space to be occupied by limited outdoor storage, 38,747 square feet, is well within the space allowed for this property. The Planning Commission unanimously recommended approval at their September 16 meeting subject to eight stipulations. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA 9. Special Use Permit Request, SP #09-16, by CSM Properties, to Allow Limited Outdoor Storage, Generally Located at 500 — 73rd Avenue (Ward 1); and Resolution Approving Special Use Permit, SP #09-16, for CSM Properties, 500 Northco Drive NE. William Burns, City Manager, said petitioner is seeking a special use permit to allow limited outdoor storage of trailers, equipment and metal fi�tures on their property. The proposed storage area contains 3,466 square feet. This is well within the allowable area for limited outdoor storage. The Planning Commission unanimously recommended approval at their September 16 meeting subject to four stipulations. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 4 10. Resolution Designating Time and Number of Council Meetings for 2010. ADOPTED RESOLUTION NO. 2009-47. 11. Claims (143333 — 143483). APPROVED. 12. Licenses APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked for Item Nos. 6, 7, 8 and 9 to be removed from the consent agenda. She also had a correction on the minutes on page one under new business to change Councilmember Varichak to Councilmember Bolkcom. MOTION by Councilmember Bolkcom to approve the Consent Agenda with the removal of Item Nos. 6, 7, 8 and 9; and to approve the minutes as amended. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the Agenda with the addition of Item Nos. 6, 7, 8 and 9. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): NONE. NEW BUSINESS: 6. Special Use Permit Request, SP #09-05, by LAI Midwest, Inc., to Allow Limited Outdoor Storage, Generally Located at 7645 Baker Street N.E. (Ward 1); and Resolution Approving Special Use Permit, SP #09-05, for LAI Midwest, Inc., 7645 Baker Street. Councilmember Bolkcom asked why parking is included in some stipulations and not in others. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 5 Scott Hickok, Community Development Director, said that each special use permit is evaluated on its own unique characteristics. Stipulations were applied where staff felt it was necessary. MOTION by Councilmember Saefke to approve the Special Use Permit Request, SP #09-05, by LAI Midwest, Inc. and adopt Resolution No. 2009-43 with the following four stipulations: 1. No outdoor storage other than the proposed outdoor storage areas shall exist on the site without an additional special use permit being approved. 2. The petitioner shall receive approval from the Fire Marshal for the items that are stored outside within close proximity to the building. 3. Only materials related to the business located at this address shall be stored in the approved areas. 4. The petitioner shall obtain an easement or fee ownership of the land that is underlying the parking area within 12 months of issuance of this special use permit. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. Special Use Permit Request, SP #09-10, by Larsen's Manufacturing Co., to Allow Limited Outdoor Storage, Generally Located at 7421 Commerce Lane N.E. (Ward 3); and Resolution Approving Special Use Permit, SP #09-10, by Larsen's Manufacturing, 7421 Commerce Lane N.E. Councilmember Bolkcom said she pulled this item because of the parking but it looks like they are not storing anything on parking spaces. Scott Hickok, Community Development Director, said this permit is only asking for 7% and it did not take any parking area away. Councilmember Bolkcom asked why the parking is not listed as a stipulation. Mr. Hickok said some of the outdoor storage areas are in areas where there would not be parking. Also, future parking would not be a reality in the areas where the outdoor storage would be located. Parking is only stipulated if parking was taken away. Councilmember Bolkcom asked how long they had to construct the fence. Mr. Hickok said they hope to construct the fence this season before the weather starts to get cold and that was agreeable with staff. Councilmember Varichak mentioned that it doesn't say anything about the fire marshal doing an inspection on this site. She asked what would happen if a fire started in there and why it wasn't a stipulation. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 6 Mr. Hickok said that in each case staff works with the fire marshal to find the best solution. In this case the fire marshal was okay with the location of the pallets. MOTION by Councilmember Bolkcom to approve the Special Use Permit Request, SP #09-10, by Larsen's Manufacturing Co., and adopt Resolution No. 2009-44 with the following two stipulations: 1. No outdoor storage other than the proposed two designated areas shall exist on site without an additional special use permit being approved. 2. Only materials related to the business located at this address shall be stored in the approved areas. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. Special Use Permit Request, SP #09-11, by CSM Properties, to Allow Limited Outdoor Storage, Generally Located at 490-494 Northco Drive (Ward 1); and Resolution Approving Special Use Permit, SP #09-11, for CSM Properties, 490 Northco Drive NE. Councilmember Bolkcom noted the narrative says the budget for the fence is in 2010 which indicates the fence may not be constructed this season. She asked if there was a set time for the fence construction. Scott Hickok, Community Development Director, said in some cases the fence is for a new fence, others may be for screening devices, etc. In this case, the fence would go where there would be a need for a new fence. This request has five different storage areas. Councilmember Bolkcom asked if there was a time frame as to when the fence needs to be constructed. Mr. Hickok said staff is trying to bring a lot of outdoor storage into compliance. Staff tries to hear the property owners' concerns and bring them into compliance. If the situation warranted time frames they would be set based on their budgeting capability. Councilmember Bolkcom asked what stipulation is in place to make them construct the fence if there is no time frame. Mr. Hickok said staff will try to put as much as they can in the staff report. One part that is not reflected in the current report is the working relationship staff has with these businesses. Time frames have been set based on what the property owners have told staff. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 7 MOTION by Councilmember Saefke to approve the Special Use Permit Request, SP #09-11, by CSM Properties and adopt Resolution No. 2009-45 with the following eight stipulations: 1. If the existing landscaping used for screening is removed or damaged for whatever reason, the lost screening shall be replaced. 2. Fence shall be constructed of attractive, permanent finish materials, compatible with the principle structure and follow screening standards per city code. 3. Storage locations shall only be accessed from the petitioners own property. 4. Petitioner shall obtain proper building permits per state building code. 5. Materials and equipment to be stored shall not exceed 12 feet in eight. 6. No outdoor storage other than the storage of items used for petitioner's tenants shall exist on the site. 7. All storage materials shall meet Fire Code requirements. 8. E�terior storage is to be contained in areas approved in the site plan dated 8-14-09. If the storage areas need to be relocated or if additional storage space is needed for this facility, a new Special Use Permit will be required. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. Special Use Permit Request, SP #09-16, by CSM Properties, to Allow Limited Outdoor Storage, Generally Located at 500 — 73rd Avenue (Ward 1); and Resolution Approving Special Use Permit, SP #09-16, for CSM Properties, 500 Northco Drive NE. Councilmember Bolkcom said one of the stipulations says the storage will be in an enclosed area. Scott Hickok, Community Development Director, said staff discovered some things on this site that the property owners had not given permission to store there. There was a neighboring industry that was storing things on their site. Through this special use permit request, the area cannot be used for seasonal storage or to help out a neighboring industry. Stored items must be related to the industry itself. Councilmember Bolkcom noted this item also has a fence budgeted in 2010 but we would like that constructed sooner rather than later. MOTION by Councilmember Varichak to approve the Special Use Permit Request, SP #09-16, by CSM Properties, to Allow Limited Outdoor Storage, Generally Located at 500 — 73rd Avenue (Ward 1); and Resolution Approving Special Use Permit, SP #09-16, for CSM Properties, 500 Northco Drive NE. with the following four stipulations: 1. Fence shall be maintained per City code screening standards. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 8 2. No combustible materials may be placed within the storage area due to the location near propane tanks per Fire Code. 3. No outdoor storage other than the storage of items used by petitioner's tenants shall exist on this site. 4. E�terior storage is to be contained in enclosed area approved in site plan dated 8-14-09. If the storage area needs to be relocated or if additional storage space is needed for this facility, a new Special Use Permit will be required. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: 13. Consideration of the Modifications to the Redevelopment Plan for Redevelopment Project No. 1 and the Tax Increment Financing Plans for Tax Increment Finance Districts Nos. 1, 6-7, 9, 11-14 and 16-19, Creation of Tax Increment Financing District No. 20 (Columbia Arena Property) and Approval and Adoption of a Tax Increment Financing Plan Relating Thereto. MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8:15 P.M. Scott Hickok, Community Development Director, said that developer needs additional time to prepare and would like to continue this public hearing until October 12, 2009. He asked if anyone was present to discuss the public hearing and no one came forward. MOTION by Councilmember Saefke to continue the public hearing until October 12, 2009. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 14. Special Use Permit Request, SP #09-12, by AAbco Auto Parts, to Allow Automobile Recycling Center in an M-1 Zoning District, Generally Located at 7360 Central Avenue NE (Ward 2) and Resolution to Approve a Request for Special Use Permit, SP #09-12, for AAbco Fridley Auto Parts, 7360 Central Avenue NE. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 9 Rachel Harris, Environmental Planner, said petitioner, the City of Fridley, on behalf of Harry Haluptzok and Derek Haluptzok of AABCO Fridley Auto Parts, 7360 Central Avenue NE, is seeking a special use permit to allow an automobile recycling center in an M-1 Zoning District. The special use permit will allow the business use to be brought into compliance with the zoning code. Ms. Harris said that the petitioner is requesting a special use permit to allow continuance of the auto recycling center. The M-1, Light Industrial, zoning allows this use with a special use permit, provided requirements pertaining to drainage, pollution control, parking, screening, and annual license are met. Ms. Harris said the lot was platted in 1946. In the early 1950s aerial photography shows a large portion of the site was undeveloped. In 1950, the building permit was for a one-story 720 square foot concrete block garage. In 1953 a building permit was issued for a 3,200 square foot metal building for a storage warehouse. Subsequent years showed further development of the property. The most intensive expansion occurred in the 1970s, based on the number of building permits issued. Ms. Harris said today, approximately 5,300 square feet is dedicated to storage warehouse buildings and 1,520 square feet to office space. Each addition constituted a geographic expansion of use. When a business expands its use, it must be in compliance with current zoning code requirements. Ms. Harris said that in 1949, the City of Fridley (then, the Village of Fridley) adopted a zoning law that required a special use permit for junkyards. In 1955, the City's zoning law changed to add an M-1 Zoning District and disallow junkyards unless completely contained in a building or obscured from view by fence. In 1969, the zoning law was revised to allow junkyards in M-1 Districts with an approved special use permit. This reflects today's requirement. Ms. Harris said in June of 2007, the business owner filed a suit against the City contesting the need for a special use permit. By September 2008, the parties agreed to dismiss the case and work together on a special use permit. Staff awaited further contact from the property owner and when that did not occur, staff contacted the owners in early 2009 to proceed with the special use permit application. Ms. Harris said in February of 2009, staff and AABCO Fridley Auto Parts manager, Chris Clos, discussed the similar-use special use permit stipulations and a timeline for completion of the stipulations. In August of 2009, after hearing no response from the property or business owner, staff initiated an application for a special use permit for junkyards in an M-1, Light Industrial, zoning district on behalf of the owners to bring them into compliance. Ms. Harris said that the City Code, M-1, Section 205.17.1.C.(8) allows junkyards with a special use permit, provided they meet requirements for drainage, pollution control, parking, screening, business licensing, facilities and scope. With the two neighboring junkyards already undertaking compliance of special use permitting in the M-1 Light Industrial zoning district, AABCO Fridley Auto Parts also needs to comply. Staff works to ensure that each business is treated equally FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 10 compared with similar businesses that are engaged in the same type of use and in similar circumstances. Ms. Harris said that AABCO Fridley Auto Parts received a 2 1/2 ft variance to the otherwise 8 foot height maximum. In the fall of 2008, the property owner reduced storage height on some racks to match the fence height but did not comply with the requirement to reduce the height of all racking to 2 ft below the 10 '/z foot fence height. The property does not meet the fence location requirements. The fence will need to be located entirely on the property so as to be off the public right-of-way. Ms. Harris said that a minimum of nine parking stalls are required by Code and have been provided, however, additional parking needs remain. Staff has observed and neighboring businesses complained that AABCO Fridley Auto Parts employees and customers are parking on the street. Code Section 205.18.S.D.(7) requires that off-street parking be provided for all vehicles concerned with any use on the lot. Ms. Harris said City staff has heard from a neighboring property owner, Mr. Determan, of Determan Brownie, who questioned the future use of the site. Staff indicated that land owner plans to continue to operate a junkyard. Mr. Determan was satisfied with the answer. Ms. Harris said a public hearing for Special Use Permit SP #09-12 was held at the Planning Commission on September 16, 2009. Chris Clos, manager of AABCO Fridley Auto Parts, represented the business and answered questions. After discussion, the Planning Commission recommended approval of Special Use Permit, SP #09-12, with amendments to the stipulations as presented by staf£ The motion carried unanimously. After the motion passed, Chair Kondrick suggested that staff ineet with business manager Chris Clos to further define the timeline for compliance. Ms. Harris said that on September 22, 2009, staff inet with AABCO Fridley Auto Parts manager, Chris Clos. This resulted in stipulations presented to Council that differ from those presented to the Planning Commission and includes timelines for all stipulations that were revised. Ms. Harris said that staff recommends approval of this special use permit with si�teen stipulations. Councilmember Saefke asked why the City initiated the special use permit for this property. Scott Hickok, Community Development Director, said it was the property owner's responsibility to request a special use permit, but staff made the application. Staff had met with the owner earlier this year hoping the property owner would initiate the special use permit request. Because no action was taken by the property owner by August, staff went forward with the issue. Councilmember Saefke asked if staff had not initiated this process if the company would have gone out of business. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 11 Mr. Hickok answered yes, without a special use permit, they could not operate. Staff has a good relationship with the owner and the owner had a strong interest with getting into compliance. Councilmember Saefke complimented staff for doing a good job at keeping things in compliance and noted that staff did not have to do this. Councilmember Bolkcom asked what started the special use process to begin with. Ms. Harris said staff had been investigating neighboring properties and noticed there was not a special use permit for this property. Councilmember Bolkcom said parking is an ongoing issue in that area. She asked how staff arrived at nine parking stalls. Ms. Harris said staff had a discussion with AABCO and they worked out a strategy to park at other locations so there would not be on-street parking problems. Councilmember Bolkcom asked how employees were transported to this location. Mr. Hickok said that ABBCO had a shuttle for staff to use between buildings. Councilmember Bolkcom noted date discrepancies on the timeline. On one page it is March 2011 and on another the date changed to September 2012. Mr. Hickok said this is where the discussion got specific after the Planning Commission meeting. Mr. Clos said he wanted to comply but did not want to run out of time. Councilmember Bolkcom said the stipulations staff's presentation do not match the stipulations in the booklet. Mr. Hickok said staff tried to number the stipulations in logical progression. Councilmember Barnette asked how far the fence in the right of way had to be moved. Mr. Hickok said it will be a huge task but it needs to be moved onto their property. The fence needs to be moved about two feet. Councilmember Varichak asked how it was built on the property line. Chris Clos, AABCO Fridley, Auto Parts Manager, said the fence was constructed before he was the owner. Councilmember Bolkcom said it is not the City's responsibility to see if the fence is on the property line but the property owners to do the survey and fix the problem. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 12 Mayor Pro Tem Barnette asked if Mr. Clos was comfortable with the time lines. Mr. Clos said he was comfortable with the time lines except for No. 15. There was discussion to make a change to this stipulation but it looked the same. Mr. Hickok said that was not staff's intent. The secondary containment is a concrete container that is not expected to be moved at all. He suggested changing stipulation number 15 by adding "with the exception of the secondary containment slab for Anoka County". He also mentioned that it is not staff's intent to consider the racking as structure and the racking does not have to meet set back requirements. Councilmember Bolkcom asked if a change needed to be made to stipulation No. 10 adding "the racking does not need to meet setback requirements." Mr. Clos said he is fine with all of the other stipulations. Mayor Pro Tem Barnette said it will be great to work these things out with Mr. Clos. MOTION by Councilmember Varichak to approve the Special Use Permit Request, SP #09-12, by AABCO Auto Parts, and adopt Resolution No. 2009-48, with the following si�teen stipulations: 1. Keep gate closed except for entering and exiting to provide screening. (ongoing) 2. No tow truck deliveries in public right-of-way. (ongoing) 3. Obtain any necessary approvals to operate an auto recycling center from the appropriate governmental authorities. (ongoing) 4. Provide scalable survey and site plan, including a parking analysis and parking plan that meets the needs of the business. (December 31, 2009) 5. Obtain all necessary building permits prior to construction or demolition. (ongoing) 6. Meet all building and fire code requirements. (ongoing) 7. Complete Drainage Plan, including code requirements curbing/paving installation setbacks. (December 31, 2009) 8. Create additional employee and customer parking areas onsite to that no customer/employee parking is occurring on the public streets, including code-required accessible parking. (July 1, 2010) 9. Obtain approval of a grading and drainage plan from Rick Creek Watershed District. (July 1, 2010) 10. Reduce horizontal members of storage racking height to two feet below fence height so that no items stored exceed the height of the screening fence. (Completed by June 1, 2012 per phasing plan submitted by property manger on September 22, 2009) 11. Final landscape plan to be reviewed and approved by City staff prior to issuance of land alteration permit. (May 1, 2011) 12. File a storm pond maintenance agreement prior to receiving issuance of land alteration permit. (May 1, 2011) 13. Obtain City Engineering staff review and approve of final grading and drainage plan prior to issuance of permits. (May 1, 2011) FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 13 14. Obtain any required NPDES Permit and provide N URP ponding for entire site. (May 1, 2011) 15. Remove or move any structures or fencing which do not meet setback requirements within code-required setbacks. (June 1, 2012) 16. Install and maintain irrigation on south and east side of lot. (June 1, 2012) Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY MOTION by Councilmember Varichak to amend stipulations number 10 and 15 as follows: 10. Reduce horizontal members of storage racking height to two feet below fence height so that no items stored exceed the height of the screening fence. The racking does not need to meet setback requirements. (Completed by June 1, 2012 per phasing plan submitted by property manger on September 22, 2009) 15. Remove or move any structures or fencing which do not meet setback requirements within code-required setbacks with the exception of the secondary containment slab for Anoka County. (June 1, 2012) Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY 15. Resolution Approving an Amendment to the Contract for Curbside Recycling with Allied Waste Services. Rachel Harris, Environmental Planner, said the current service contract expires on March 31, 2010. Weekly collection currently occurs Monday through Thursday in neighborhood zones. Materials are sorted into two categories: Papers and Containers. Ms. Harris said Fridley receives revenue from the sale of curbside recyclables. This is a reliable contractor with friendly staff. Staff has seen the benefit to our community, in the form of free recycling drop-offs from the recycling rebates. Staff sought contract options that would provide a recycling rebate or revenue share. With the changeable recycling material market, staff is uncertain about receiving future revenue from the sale of curbside materials. Ms. Harris said staff researched contract renewal options beginning in August 2008. The city- licensed waste abatement service providers were contacted, including Randy's Sanitation, Allied Waste Services, Ace Solid Waste and Waste Management. All companies, except Randy's, proposed offering single sort recycling at $3.50 to $4.00, a 60% increase over the existing utility billing rate of $2.26. Charter restriction sets limits on annual utility increases to the lesser of 5% or CPI. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 14 Ms. Harris said staff researched renewal options and Randy's Sanitation could offer 2-sort service, but no revenue sharing option. Staff looked for ways to e�tend purchasing power and held joint meetings with Columbia Heights to consider a shared contract. This was not viable due to each community's separate service needs. Ms. Harris said the April 2009 offer presented to the City by Allied Waste Services is a one- year contract e�tension with an amendment to the annual increase and revenue share. Staff negotiated an annual increase of 2% and a revenue share of 50%. This proposed annual increase is slightly lower than the annual increases included in the past five years of the recycling contract which include a rate of 2.1 percent. Ms. Harris said with the volatility in the recycling markets and the uncertainty over the recycling rate restrictions in the Charter, staff is confident that this offer for a contract e�tension from Allied Waste is the best alternative obtainable at this time. Markets peaked at $18,000 per month in 2008 and then fell to $0 per month. Markets are improving, but are still unstable. Staff projects the recycling rebate at $1,800 to $3,500 per month for the remaining contract period. Ms. Harris said staff has reviewed the attached document and recommends approval of the proposed Amendment to the Contract for Curbside Recycling with Allied Waste Services. Both the City and the Contractor have mutually agreed to replace paragraphs 3 and 28 and Exhibit A in the original agreement as shown in Attachment A. Ms. Harris said staff recommends Council's approval. Councilmember Bolkcom asked what the cost was to change to a 30 gallon recycling container. Ms. Harris said the one container recycle is called a simple sort or single sort where both paper and container products are put into one recycling cart. The cost for the plastic to mold the cart is frequently built into the monthly recycling fee that is billed to residents. The difference is 60% or an increase of $1.10 in addition to current charges. Councilmember Bolkcom said the cost is close to $100 to purchase carts for residents so the cost is not only the recycling but the other issue is the start up costs. Ms. Harris said the cost mentioned in the presentation is the monthly fee. While the cart cost is an amount the contractor will absorb up front, the contractor will bill the City the cost incrementally over the length of the contract. The cart fee could be billed to each household up front but that is a less favorable option. Councilmember Bolkcom asked if a one-sort system could increase the recycling volumes as far as the number of tonnage. Ms. Harris said there are discussions that a single sort would increase tonnage which would be good. A program making recycling easier for residents would be beneficial. Ramsey and Andover increased tonnage dramatically when they went to a single sort. Those communities FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 15 have a larger percentage of persons per household than Fridley so would more than likely have more recyclables per household. Those two communities also have a lower number of apartments which generally recycle less. Councilmember Bolkcom asked if the goal was to continue the current contract for one more year. Ms. Harris said that is correct. This is an opportunity to wait and see what happens to the Charter amendments in the future, to see if the minimum 5% increase could be lifted. Councilmember Bolkcom said the other option would be to increase the recycling fees. She said it is probably a good idea to continue for another year and see if there is better revenue sharing. She asked about Columbia Heights and what their different service needs included. Ms. Harris said Columbia Heights has a two-sort recycling service. Internally they were investigating a single sort and wanted to keep costs low for residents. Columbia Heights has a lot of alleys in greater frequency than Fridley and the alley does limit the type of truck that can be used for single sort recycling. As Fridley thought further about single sort service, they realized the physical problems in Columbia Heights and would not be able to join forces. They also did not want to include apartments, and their service is picked up on different days than Fridley. Councilmember Bolkcom asked if the one sort would be picked up every other week. Ms. Harris said that is an item that was considered. She clarified that the rate of $3.50 to $4.00 was for every other week collection, not weekly. Councilmember Bolkcom asked for an explanation regarding the relationship of service exchange fund shares and what the City can and cannot do with those funds. Ms. Harris said staff has had discussions on what would be the greatest benefit to the residents with the revenue share. Staff received a grant with the County and each dollar the City receives for recycling must be spent on recycling. One consideration was to offer a rebate to residents but that can be tricky. If the City lowers the utility in the form of a credit and needs to raise the rates the following year, they would be limited because of the 5% Charter restriction. So instead of giving a credit on the utility bill, services like free monthly paper shredding and a recycling drop-off four times a year are offered. This seems to provide the greatest community benefits. MOTION by Councilmember Bolkcom to adopt Resolution No. 2009-49. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 16 16. Approve Change Order No. 3 for the 85t'' Avenue Trail Project No. ST. 2007-04. Jim Kosluchar, Public Works Director, said this change order includes additional work outside of the original contract and deductions for various reasons. The amount of the change order is $63,355.17. Since this is a federally-funded project, 80% of this change order is eligible using Federal funds and the remaining $12,671.03 would be paid from the City's MSA account. Mr. Kosluchar described the items included in the change order. He said the majority of the change order amount was for the additional depth required for the helical piling foundation. He also described the installation process and the reason for the additional quantity. Mr. Kosluchar said staff recommends Council approve Change Order #3 to Colt Construction in the amount of $63,355.17. The revised contract amount shall be increased to $863,412.41. Councilmember Bolkcom asked what happens when the sewer is redone for the 85th Avenue signal. Mr. Kosluchar said that the culvert that is put in place is going to be temporary and the design of 85th will incorporate the full culvert. Councilmember Bolkcom asked for clarification that this is temporary and when the other one goes in the County takes over. Mr. Kosluchar said that is correct, but there is some grading that needs to go in for the culvert to be installed property. Staff is working with the County to try and permanently place the culvert. Councilmember Bolkcom was surprised that no contractor had any idea the pilings would have to go to that depth. Mr. Kosluchar said the only way to know would be to do more soil borings in the area. Contractors are welcome to do their own investigation prior to the bid. The only way to know would be to spend more money on the engineering. Councilmember Bolkcom asked if more maintenance would be involved with the decorative concrete. Mr. Kosluchar said one of the reasons they modified the design was to minimize maintenance. MOTION by Councilmember Bolkcom to approve Change Order No. 3 for the 85th Avenue Trail Project No. ST. 2007-04. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 17 17. Resolution Approving a Plat, P.S. #09-03, Fridley Northstar Station East, the Fridley Housing and Redevelopment Authority, by Paul Bolin, Its Assistant Executive Director, for the Purpose of Redefining Property lines to Accommodate Northstar Station East, Generally Located at 6050 Main Street. (Ward 3) MOTION by Councilmember Bolkcom to move into record a memorandum and resolution related to Final Plat Request, P. S. #09-03. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY Scott Lund, Community Development Director, said this is the final plat resolution for the plat called Fridley Northstar Station East. This item was presented to Council on July 27, 2009. There was a very complex land lease agreement and a plat with legal descriptions. This will be filed with the County to memorialize the land separated between what the City can develop and what is designated as the leased area. This matches the preliminary plat approved in July. In the past, one of the questions that it looked like three or five lots. This has to do with Torrens and abstract property. There are three lots with lines dividing Torrens and abstract properties. Councilmember Bolkcom asked if there were any changes made since July. Mr. Hickok answered no. MOTION by Councilmember Bolkcom to adopt Resolution No. 2009-50. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY 18. Informational Status Report. William Burns, City Manager, said the newsletter will be sent out the first week in October. Councilmember Varichak said that October 10 will be the last recycling day for this year. It will be held from 9 a.m. to 1 p.m. at the Public Works Garage. Ms. Harris reminded people of the Public Safety Open House on Saturday, October 3, and the free shredding event from 9 a.m. to 12 p.m. in the parking lot of the Fridley Municipal Center. Ms Harris announced the Grand Opening of the Northstar Rail Line planned for the community at the Fridley station site on Saturday, November 14. It will start at 8:30 a.m. and end at 12:15 p.m. when people who have train tickets will return from their tour of downtown Minneapolis. The Fridley High School Pep Band will be there. There will be face painting, refreshments from Dunn Brothers Coffee and Bobs Produce, and the Fridley Liquor Store will be serving root beer. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 28, 2009 PAGE 18 Councilmember Bolkcom received a memo from the Fridley Police Department regarding web- based police reports that can be filed on the internet. A temporary copy can be printed and when the report is reviewed by personnel the person will get a final report back Information can be found on Fridley's website--click on police report. Dr. Burns said Pumpkins Night in the Park will be held at the Nature Center on October 17. They are looking for people to help carve pumpkins. ADJOURN: MOTION by Councilmember Saefke to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING DECLARED THE MOTION CARRIED ADJOURNED AT 9:40 P.M. Respectfully Submitted, Krista Monsrud Recording Secretary AYE, MAYOR PRO TEM BARNETTE UNANIMOUSLY AND THE MEETING Scott J. Lund Mayor