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11/16/2009 - 29270CITY COUNCIL MEETING CITY OF FRIDLEY NOVEMBER 16, 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: Richard Pribyl, Finance Director/Treasurer Jim Kosluchar, Public Works Director William Burns, City Manager Fritz Knaak, City Attorney John Anderson, 5909 2"d Street NE Joanne Zmuda, 6051 4th Street NE Pam Reynolds, 1241 Norton Avenue PRESENTATION: Robert Rewitzer — Police Department Online Reporting APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. Second Reading of an Ordinance Amending Fridley City Code, Chapter 101, Animal Control, Pertaining to Dangerous Dogs; And, Adopt Official Title and Summary Ordinance. William Burns, City Manager, said the City has amended the animal control ordinance to conform to State law. The changes include adding definitions for potentially dangerous dogs and dangerous dogs. The quarantine period from 14 days to 10 days has been changed to make it consistent with State law, the requirement for registration of potentially dangerous or dangerous dogs as required by State law has been added and the vicious to prohibited animals in Section 101.11 has been changed. Two other changes were also made in response to Councilmember Bolkcom's request: 1. "And" has been changed to "or" in Section 101.10.01 and a definition for "under strict control" in Section 101.10.2 has been added. Dr. Burns also pointed out a typo in 101.01.16 at the bottom of page two of tonight's agenda. There should be a period after "aggression" and the semi colon and "and" should be stricken. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 16, 2009 PAGE 2 With these changes, staff recommends Council's approval of the second and final reading of this ordinance. WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1262 AND THE OFFICIAL TITLE AND SUMMARY ORDINANCE AND ORDERED PUBLICATION. NEW BUSINESS: 2. Resolution Authorizing Execution of Agreement and Participation in Minnesota State Patrol Federal Project Programs. William Burns, City Manager, said this agreement provides $19,300 for Fridley's participation as part of a County-wide task force that is assembled periodically to conduct DWI saturation campaigns at various places in Anoka County. While the bulk of the money goes for police overtime, some of the funding is available for public education campaigns and training. The City also receives State "Safe and Sober" campaign funding for saturation campaigns. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2009-64. 3. Approve Consultant Selection for Project No. 389 SPRING Project. William Burns, City Manager, said in September, Fridley issued requests for proposals for the preparation of a phased architectural plan for the redevelopment of the Springbrook Nature Center. This project was initiated several years ago by the Springbrook Nature Center Foundation and is commonly referred to as the SPRING Project. Dr. Burns said the SPRING Design Committee included representatives from the City Council, the Parks and Recreation Commission, the Springbrook Nature Center Foundation, and staff. This group identified and met recently to interview representatives of four firms which had responded to the request for proposal. Ultimately, the members of the Design Committee agreed that the team led by the Hoisington Koegler Group represented the best fit for the SPRING project. This assessment was based on the Committee's perception of the firm's relevant experience, demonstrated creativity, project understanding, and cost. Dr. Burns said staff recommends the City Council approve the selection of the Hoisington Koegler Group, Inc. to provide professional design services for the SPRING Project. Upon approval, staff will review and approve a contract for these services. The cost for the services to be provided is $34,000, all of which will be reimbursed to the City by the Springbrook Nature Center Foundation. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA 4. Approve 2010 Consulting Services Agreement between the City of Fridley and GIS Rangers FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 16, 2009 PAGE 3 William Burns, City Manager, said this is an annual contract for Geographic Information System (GIS) mapping services. Fridley jointly hires these services with the Cities of Columbia Heights and Andover. The 2010 contract for the Fridley portion of these services is $17,136, about half of what we spent in 2008. In view of the excellent service we have received from the GIS Rangers, staff recommends Council's approval of the 2010 contract with this group. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA 5. Claims (144004 — 144101) APPROVED. 6. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 7. Estimates APPROVED THE FOLLOWING ESTIMATES: Shank Contractors, Inc. 3501 85th Avenue North Brooklyn Park, NIN City of Fridley Project No. 379 Commons Park WTP Filter Improvements FINAL ESTIMATE ................................................................................ $ 6,500.71 Colt Construction 285 Forest Grove Drive Suite 126 Pewaukee, WI 53072 85th Avenue Trail Project No. ST. 2007-4 EstimateNo. 9 .......................................................................................... $ 6,962.52 Ron Kassa Construction 6005 East 250 Street Elko, MN 55020-9447 2009 Miscellaneous Concrete Repair Project No. 384 EstimateNo. 4 ............................................................................................ $ 2,140.54 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 16, 2009 PAGE 4 Midwest Asphalt Corporation 5929 Baker Road, Suite 420 Minnetonka, MN 55345 2008 Street Reconstruction Project No. ST. 2008 — 1 EstimateNo. 8 .......................................................................................... $ 68,529.61 Odland Protective Coatings 7655 Vernon Street Rockford, MN 55373 Water Tower No. 1 Rehabilitation Project No. 382 Estimate No. 8 .......................................................................................... $420,850.00 ADOPTION OF AGENDA: Councilmember Barnette asked for Item No. 3 to be removed and Mayor Lund asked for Item No. 4 to be removed from the Consent Agenda. MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of Item Nos. 3 and 4. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to adopt the Agenda with the addition of Item Nos. 3 and 4. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): John Anderson, 5909 2"d Street NE, read a prepared statement regarding the upcoming election on the Charter. Mayor Lund said that Open Forum is not to be used to campaign for positions on an upcoming election. The meeting of the City Council is to conduct official business. Councilmember Bolkcom asked Mayor Lund to review the Open Forum policy. Mayor Lund said that the purpose of Open Forum is for citizens to bring forward issues within the City, not a time to campaign for one side or another on an upcoming election. Councilmember Bolkcom said some people had concerns with Bill Holm being an election judge. Bill Holm is a person of high standing and integrity and would not jeopardize an election. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 16, 2009 PAGE 5 Councilmember Saefke reminded people of a debate concerning the upcoming election on November 19 at 7:00 p.m. at the Community Education Center. He also reminded everyone that it is a crime to tamper with campaign signs. There has been a problem with stolen and vandalized signs. If you are caught you will be prosecuted. Fritz Knaak, City Attorney, said someone could be charged with a felony by stealing a number of signs and a misdemeanor for stealing just one. NEW BUSINESS: 8. Resolution Authorizing the Call of Outstanding Taxable General Obligation Tax Increment Refunding Bonds, Series 2004B. Richard Pribyl, Finance Director, said the resolution approves the call of the outstanding General Obligation Tax Increment Refunding Bonds, Series 2004B. Based on the terms of the bond issue, it provides for the redemption of the remaining maturities after the February 1, 2010, regular payment. The three tax increment districts that pledged tax increment revenues for this bond issue now carry a balance of approximately $3,000,000 which is sufficient to pay the remaining principle and interest on those bonds. Staff has reviewed the interest rates associated with the remaining maturities and finds the interest rates vary from 3.75% to 4.35% ,yet we are only earning approximately 1.5% on these funds. Mr. Pribyl said by carrying these bonds any further, the HRA would lose some of the accumulated tax increment. Staff has reviewed this action with the Fridley HRA and they were favor of bringing this action before the City Council for their approval. Staff recommends approval of the resolution. MOTION by Councilmember Bolkcom to adopt Resolution No. 2009-65. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 9. Resolution Ordering Preparation of a Preliminary Report and Preliminary Plans and Specifications for Street Rehabilitation Project No. ST. 2010-01 Jim Kosluchar, Public Works Department, said this project includes resurfacing as part of a city-wide street maintenance program. The project proposed for 2010 includes the Harris Lake, Spring Valley, Benjamin/Briardale and River Edge Way areas. Mr. Kosluchar said this project is included in the proposed 2010 budget, and is part of the City's proposed 5-year Capital Improvements Program. The CIP for 2010 also includes the 61st Avenue/Moore Lake Drive project. These will be stand-alone projects, as there are differences in funding sources. The project would include cooperative work with Anoka County on Mississippi Street and Rice Creek Road. A draft joint powers agreement has been initiated for these segments. Mr. Kosluchar said this project includes approximately 3.5 miles of local streets and county roads. Staff will prepare a feasibility report for the City Council on the proposed project, and FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 16, 2009 PAGE 6 review adjacent segments. The feasibility report will also include a recommendation on utility work to take place, sources of funding, and constructability. Staff is proposing to prepare the draft feasibility report, and hold project open houses in December or January. We can then include any resident's concerns in the final report. Staff recommends the City Council adopt the attached resolution which orders preparation of the feasibility report and preliminary plans necessaryto proceed. Councilmember Varichak asked why all the roads were not being done at the same time. Mr. Kosluchar said that some segments are better and a little newer than others. Councilmember Varichak asked if patching roads created more problems later on. She asked how this project is different than in the past when the feasibly report was prepared first. Mr. Kosluchar said in the past, the final feasibility report was done and then the final workshop was held. He said that did not allow us to take into account the residents' concerns, particularly when you look at draining issues or how the streets performed in the past. Councilmember Varichak asked if the snow birds would have an opportunity to contact staff if they are unable to attend open house. Mr. Kosluchar said they will receive a notice and can contact staff. Councilmember Bolkcom asked if it was in the County's plan to do this improvement. Mr. Kosluchar answered yes it was. He met with the County on site and they made lists of things that need to be coordinated. Anoka County is budgeting this project through a maintenance overlay budget. Councilmember Bolkcom asked if there was any problem with these roads being done at the same time Mr. Kosluchar said no. Councilmember Bolkcom asked if the streets have been rated by staff. Mr. Kosluchar said rating the roads is a continuing process of staff. Councilmember Bolkcom said the feasibility report is close to being done and noted it it is now almost the end of November. She asked if realistically if this project would be ready for a meeting in December, or if January was more realistic for the neighborhood meetings. Mr. Kosluchar said staff was about one month away from the drop-dead date, so maybe January was more realistic for the neighborhood meetings. Councilmember Bolkcom asked if the utility issues would be taken care of with this project and if that would be in the feasibility report. Mr. Kosluchar answered yes. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 16, 2009 PAGE 7 Councilmember Bolkcom asked if the numbers would be close to what they were this year. Mr. Kosluchar said yes, around $1,300. William Burns, City Manager, asked if there would be assessments on the County roads. Mr. Kosluchar said the County is not planning to access but there are historic assessments that have been applied to Mississippi Street. Dr. Burns asked if both county streets could be assessed. Mr. Kosluchar answered yes. MOTION by Councilmember Bolkcom to adopt Resolution No. 2009-66. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 10. Receive Bids and Award Project for the 45t'' Avenue Storm Sewer Outfall Repair, City of Fridley Project No. 390. Jim Kosluchar, Public Works Director, said this project is intended to repair a large trunk storm sewer outfall that serves both Fridley and Columbia Heights. A portion of the 96" corrugated metal pipe (CMP) outfall failed. The project will replace the original CMP pipe segments with reinforced concrete pipe (RCP). Mr. Kosluchar said Fridley is the lead agency and is administering the project, as it is located within the City limits. Fridley and Columbia Heights are to share costs based on an existing cost share agreement in which costs are allocated based on runoff. The process for updating this cost share agreement for current conditions is underway. The two communities are also seeking participation from MnDOT for their runoff to this outfall. Mr. Kosluchar said a bid letting was held on November 12, 2009. Ten bids were received, ranging from $116,829 to $185,400. The low bid was received from G.L. Contracting of Medina, Minnesota. It is notable that G.L. Contracting provided the low quote previously, and that the bid provided was roughly $7,3001ower than the quote received. These quotes have been rejected due to the cost of the project. While the City of Fridley has not worked with G.L. Contracting, they have successfully completed projects of this size previously in the Metro area. Fridley's share of the project is to be funded by the City of Fridley Stormwater Utility. Mr. Kosluchar said staff requests the City Council receive the bids for the 45th Avenue Storm Sewer Outfall Repair (City of Fridley Project 390), and award the project to G. L. Contracting, Inc. of Medina, Minnesota, in the amount of $116,829.05. Councilmember Bolkcom asked what Fridley's share was. Mr. Kosluchar said he did not recall the exact number but thought it was about 70-80%. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 16, 2009 PAGE 8 Councilmember Bolkcom asked if the funds were in the budget to support this project. Mr. Kosluchar said yes. Councilmember Bolkcom asked what the chances were for MnDOT to participate in this proj ect. Mr. Kosluchar said pretty good. MnDOT is spending staff time on this project so they are not saying no at this point. Councilmember Bolkcom asked if the cost share would be jeopardized if this project was approved. Mr. Kosluchar said if an agreement is in place, there is a larger consideration of getting the repair done. We think we can solicit their participation. Councilmember Bolkcom asked if this project would happen this year. Mr. Kosluchar said yes, there is a meeting on Wednesday. Mayor Lund said he did not see it being a problem for MnDOT to participate. He asked if this outfall was an alert for Public Works to do inspections elsewhere for the potential for other similar problems. Mr. Kosluchar said staff is reviewing the current practices and interviewing sewer supervisors regarding inspection cycles. William Burns, City Manager, said there are annual inspections of storm water outfalls. Mayor Lund asked when was this pipe was last inspected. Mr. Kosluchar said it was not inspected in that form and it is a little out of the way from public eye and of maintenance workers spectrum. Mayor Lund said in the future staff should try to be more proactive of inspections in other remote areas to prevent this from happening again. Mr. Kosluchar said they plan to prioritize and shuffle the inspection cycle. MOTION by Councilmember Barnette to receive bids and award the project for the 45th Avenue Storm Sewer Outfall Repair, City of Fridley Project No. 390, to G. L. Contracting, Inc. Seconded by Councilmember Varichak. Councilmember Bolkcom asked when the cost share agreement would be done. Mr. Kosluchar said at the December meeting. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 16, 2009 PAGE 9 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 11. Approve Change Order No. 4 for the 85t'' Avenue Trail Project No. ST. 2007-4. Jim Kosluchar, Public Works Director, said this is a federal aid project that was constructed in the summer of 2009. The City of Fridley administers construction through a delegated contract process, and is reimbursed 80% of the construction costs through MnDOT. Mr. Kosluchar said the project budgeted cost was $1.2 million. The contract cost of the project through previous change orders was $863,412.41. The total amount of this change order is $9,293.48. There is one item in this change order, and it has prior approval of staff, the contractor, and MnDOT. Mr. Kosluchar said this work was completed in July. Because this is a federal-aid project, however, processing of change order paperwork and preliminary approvals takes some time. Closeout of federal-aid projects typically takes about a year from the construction completion date. Mr. Kosluchar said the work was necessary to ensure long-term durability of the concrete kiosk near the entrance to Springbrook Nature Center. The local share of Change Order #4 is $1,858.70. Staff recommends approval of Change Order #4. Mayor Lund said that 20% was reimbursed through MSAS accounts. Mr. Kosluchar said that is correct. Councilmember Bolkcom asked if this would be the last change order. Mr. Kosluchar said I hope so. Councilmember Bolkcom said Coon Rapids knows their portion needs to be done but does not have the funds at this time. MOTION by Councilmember Bolkcom to approve Change Order No. 4 for the 85th Avenue Trail Project No. ST. 2007-4. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 3. Approve Consultant Selection for Project No. 389 SPRING Project. Councilmember Barnette said the Springbrook Nature Center should be commended for the work they are doing; however, in the first paragraph, the last sentence it says it is funded exclusively by Springbrook Nature Center Foundation through the City of Fridley. He asked what guarantee there was that the funds were available to do this project. Mayor Lund said the funds were already there from fundraising efforts and grants. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 16, 2009 PAGE 10 Councilmember Bolkcom asked if the City would be reimbursed for City staff time spent on the proj ect. Councilmember Barnette said the agreement was the City would not pay for any cost for this project. This is a great project but he was concerned about the volume of time staff would spend on this project. He also asked if their time would be reimbursed to the City. William Burns, City Manager, said he was not aware of any agreement to reimburse the City for the time staff spends on this project. Mayor Lund said it would be appropriate for staff to calculate their time associated with this project but the City should consider that a volunteer organization raised $5.0 million to build this facility as gift to the City. This may be a reason to donate staff time from the City. Regardless, staff will have to be involved. Councilmember Bolkcom would like an accounting of staff time because this is a huge project. She asked if this was a large enough project for a competitive bid. Mr. Kosluchar said technical services do not require competitive bids. This selection process was held to allow the Foundation to have more direct involvement. Mayor Lund said the primary focus is to get the area shovel-ready. Councilmember Bolkcom commended on the request for proposals but was concerned about staff time spent on this project. She understands the money will come back to the City but was still wondering how much time staff would spend on this project. Councilmember Barnette said people will question if the City is providing staff and that is not what was intended. Councilmember Bolkcom said there is nothing in the proposal that says funds for City staff time will be reimbursed. Mayor Lund said this proposal is for the engineering company bid and says nothing that they will not reimburse staff. Dr. Burns said the reimbursement is between the City and the Springbrook Nature Center. It has nothing to do with the relationship between the City and the contractor. Councilmember Bolkcom asked why Council would approve this project if it is not spelled out correctly about staff time. Mayor Lund said the award could go through and Council could say that for now no staff time would be e�tended unless it will be reimbursed. Joanne Zmuda, 6051 4th Street, said there was a Save Springbrook Campaign a few years ago and now there are more scare tactics. She asked how many Fridley taxpayers knew that $314,000 supported the Springbrook Nature Center this year and it goes up every year. She shared the Wikipedia definition of a nature center and noted that it does not say anything about FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 16, 2009 PAGE 11 an amphitheater, music in the park, etc. Fridley is in dire straights and the budget is cut bare to the bones. She did not think any more money should be spent on the Springbrook Nature Center. Mayor Lund said that Ms. Zmuda hit the nail on the head with the definition of a nature center and everything she spoke of is part of Fridley's nature center. The dollar amount that was voted on several years back was a separate levy. The financial situation of the City has nothing to do with the levy the voters opted for. The levy amount mentioned is separate and not from the General Fund. People complain about the cost of a nature center but there is potential to add things that may bring revenues to offset the cost of running the nature center, such as weddings. Councilmember Bolkcom said the walkway/bike way is not related to the Nature Center. Those were funded from Federal and State Aid which is an opportunity for people to be off of a very busy road. Mayor Lund said a lot of these funds are a use them or lose them. Someone else would have benefited from those funds if we had not used them. Pam Reynolds, 1241 Norton Avenue, said this Council made a decision that the Foundation would have to have all the money before the project would happen. Now through this, they are looking at phases. In February of this year, Jack Kirk said they had spoken with Council to move forward with the SPRING project in a phased approach. She asked if Council had taken action to change the original plan. Mayor Lund said that the City had a memorandum of understanding with the Springbrook Nature Center to proceed in a phased approach, and with each phase, money would have to be there before the construction would begin. Councilmember Barnette said the cost is an estimate. The referendum was voted on by all of us which included inflation costs, and that is why the numbers are higher. The money is in a separate fund. MOTION by Councilmember Bolkcom to table the Consultant Selection for Project No. 389 SPRING Project until the December 7 City Council meeting. Seconded by Councilmember Barnette. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER VARICHAK AND COUNCILMEMBER BOLKCOM VOTING AYE AND COUNCILMEMBER SAEFKE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. 4. Approve 2010 Consulting Services Agreement between the City of Fridley and GIS Rangers. Mayor Lund asked if the numbers were correct on Pages 11 and 12 regarding the fees. Jim Kosluchar, Public Works Director, said the Fridley's numbers are correct. Columbia Heights reads their contract differently. The numbers are deceiving but everyone pays the same rate. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 16, 2009 PAGE 12 MOTION by Mayor Lund to Approve the 2010 Consulting Services Agreement between the City of Fridley and GIS Rangers. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 12. Informal Status Reports. Councilmember Barnette said the Northstar Commuter Rail open house was a big success. This is a milestone for the City of Fridley. Rachel Harris and Jill Brown coordinated the event and did a great job. Councilmember Varichak said the fall school plays are happening at Columbia Heights and Fridley. Both performances start at 7:30 p.m. Support your local schools and enjoy the plays. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 9:00 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor