09/13/2010 - 29317CITY COUNCIL MEETING
CITY OF FRIDLEY
SEPTEMBER 13, 2010
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 Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
MEMBERS ABSENT: None.
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
Alan Folie, Acting Finance Director
Debra Skogen, City Clerk
James Kosluchar, Public Works Director
Alex Krasney, Renaissance Adult Daycare Inc.
PROCLAMATIONS:
Student Foreign Exchange Week September 13-19, 2010:
Claudio Naef, Switzerland
Ignacio Llorente Montero, Spain
Constitution Week September 17-23, 2010.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of August 23, 2010.
Councilmember Bolkcom stated on Page 2, Paragraph 10, she only met with Mr. Kreutter. On
Page 3, Paragraph 3, she asked Mr. Kreutter if they had "looked into the cost of building a
structure."
APPROVED.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 2
NEW BUSINESS:
1. Receive the Minutes from the Planning Commission Meeting of August 18, 2010.
Councilmember Varichak pointed out at the bottom of Page 2, the word "thing" should be
changed to "think"
RECEIVED.
2. Consideration of an Extension Request for Preliminary Plat Request, PS #10-01, by
Hansen Thorp Pellinen Olson, Inc., on Behalf of Wal-Mart, to Allow the Creation of
a New Lot to be Located on the North Side of the Property, Generally Located at
8450 University Avenue N.E. (Ward 3);
and
Resolution Approving a Six-Month Extension on Plat, PS #10-01, for Wal-Mart,
8450 University Avenue.
William Burns, City Manager, stated Council approved the preliminary plat on March 8. The
plat creates a new two-acre lot on the south side of the Wal-Mart property. Wal-Mart is asking
for a six-month e�tension while they revise their remodeling plan for the Fridley Wal-Mart store.
Staff recommends the plat request be e�tended to March 8, 2011.
ADOPTED RESOLUTION NO. 2010-58.
3. Resolution Consenting to the Housing and Redevelopment Authority in and for the
City of Fridley, Minnesota, Adopting a 2010 Tax Levy Collectible in 2011.
William Burns, City Manager, stated the levy, which is prescribed by State law, is equal to
.0185 percent of all taxable property in Fridley. It will generate about $473,000 for 2011 that
will be used to address the City's redevelopment priorities. The HRA approved the levy at their
September 9 meeting. The levy must be certified by September 15.
ADOPTED RESOLUTION NO. 2010-59.
4. Approve Tower Site Lease Agreements — Primary Term Clarification Between the
City of Fridley and Clear Wireless, LLC, for Water Tower #1, Water Tower #2, and
the Marion Hills Reservoir.
William Burns, City Manager, stated this is a clarification of initial term life for the site lease
agreement with Clear Wireless for use of space on Water Towers 1 and 2 and the Marion Hills
Reservoir. The revised language spells out that the initial terms of each of the three leases is for
five years. Staff recommends Council's approval.
APPROVED.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 3
5. Claims (147607 — 147848).
APPROVED.
6. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
7. Estimates.
APPROVED THE FOLLOWING ESTIMATES:
Penn Contracting
13025 Central Avenue, Suite 200
Blaine, NIN 55434
2010 Watermain Rehabilitation Project No. 391
Estimate No. 3 ........................................................ $ 18,373.48
Lametti and Sons, Inc.
16028 Forest Boulevard North
Hugo, NIN 55038
2010 Sanitary Sewer Lining Project No. 394
Estimate No. 1 ........................................................ $147,333.60
Valley Paving, Inc.
8800 — 13th Avenue East
Shakopee, MN 55379
...............................................................................
2010 Street Rehabilitation Project ST2010-01
Estimate No. 3 ........................................................ $319,213.56
APPROVAL OF PROPOSED CONSENT AGENDA:
MOTION by Councilmember Barnette to approve the consent agenda. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to approve the agenda. Seconded by Councilmember
Saefke.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 4
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM: No one from the audience spoke.
OLD BUSINESS:
8. Resolution Certifying Proposed Tax Levy Requirements for 2011 to the County of
Anoka (Tabled August 23, 2010).
MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Alan Folie, Acting Finance Director, stated this proposed 2011 levy complies with both State
law and City Charter requirements regarding inflationary increases and public disclosure. The
total proposed 2011 levy is equal to the maximum allowed by State law of $11,430,818 or
$1,310,656 more than the 20101evy.
Mr. Folie stated in 2010 the legislature amended Chapter 275.75 of Minnesota Statutes to allow
Charter-restricted cities to levy back for unallotted Local Government Aid (LGA) and for cuts in
Market Value Homestead Credit (MVHC). This levy includes $781,511 in general obligation
debt payments for debts sold between 2005 and 2010. Of this total, $74,304, relates to debt
payment on the 2010 general obligation equipment certificates which were sold this past July.
The details of the changes from 2010 to 20ll (the $1,310,656) was due to the debt levy of
$83,370, and the unallotted 2010 LGA and cuts in MVHC of $1,227,286.
Mr. Folie said this is a proposed levy and is required to be provided to Anoka County by
September 15. This proposed levy is the maximum that can be certified to the County Auditor in
December for a final levy. This amount can be reduced prior to that time. In keeping with State
law regarding budget hearings for the 2011 budget, staff is announcing tonight that the public
hearing for the 2011 budget and tax levy will be held on December 6 at 7:30 p.m. at the Fridley
Municipal Center.
Mr. Folie stated they are also scheduled to hold the second of two budget work sessions on
October 18 at 6 p.m. in Meeting Rooms 1 and 2 at the Fridley Municipal Center. Staff's
recommendation is to approve this resolution.
Mayor Lund stated once they certify a levy to the County on September 15, the City cannot go
higher but it can go lower if it deems it necessary at the October or even the December meetings.
Dr. Burns stated he thinks it is important they identify this increase now as a possibility and
leave open the opportunity to create the increase. The City may be facing some additional
reductions in the LGA and MVHC by the State in 2011 as they face their $6 billion budget
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 5
deficit. The LGA is significant in terms of the City's revenue needs to operate. The City stands
to lose much of what they are getting, if not all of it, as the State fights the budget battle. It is
important they at least go on record as taking back what they can in the form of a levy increase.
The City has been managing the budget, cutting back, and doing some other revenue
adjustments. It is hard to say for certain that the City has eliminated cash flow problems, but he
feels the City is headed in that direction.
Councilmember Barnette asked what it was going to cost the average homeowner.
Mr. Folie said they have calculated the increase based on the average home value and it would
be about $75 a year. The average home value is $175,200.
Councilmember Saefke stated people should know that Minneapolis and St. Paul are including
their expected LGA as part of their budget. If they will notice on the public record, they did not
include that as part of the City's income in its proposed budget. As Dr. Burns suggested, they are
anticipating because of the State's $6 billion deficit, they will take it out on the cities. As the
Mayor suggested, this is one of the few opportunities the State Legislature has given cities to
recoup some of the revenues it did not receive in prior years. We do not really want to dip into
our reserve funds any longer because they are getting low and we want to have something in the
fund for emergencies.
Dr. Burns stated another important thing is cash flow. Our property tax settlements and other
settlements are very uneven. They have been about every six months. We need cash to keep the
City going during that period when it is waiting for revenue to come in. That amount of cash the
City needs to maintain cash flow is fluctuating between $5 and $6 million. We are able to
maintain cash flow, but it is a battle in these uncertain times.
Councilmember Bolkcom stated we have spent down our reserves. We have taken money out
of our general fund numerous years to balance the budget. At some point as far as borrowing
money and everything else, we would lose our bond rating.
Dr. Burns stated to the e�tent that you do not maintain appropriate cash flow requirements, you
wind up borrowing money to pay for operations like the State of Minnesota is doing right now or
projecting to do. It costs the taxpayers more money.
Councilmember Varichak stated and they have already seen that with having to do a bond for
the equipment purchases this year and some of the other things they are looking at. She is in
agreement with going for the max as they do not know if this is just a one-time deal or if the City
will be able to do it on a continual basis. They can always reduce it in October.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2010-60. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 6
9. Resolution Adopting the Proposed Budget for the Fiscal Year 20ll (Tabled August
23, 2010).
MOTION by Councilmember Saefke to remove this item from the table. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Alan Folie, Acting Finance Director, stated the certification of the proposed budget must be
delivered to the County Auditor by September 15 in accordance to State law regarding budget
levies. The City is following all of the open process requirements laid out in Chapter 275 of
State Statutes. Having this item on the August 23 agenda, where it was eventually tabled,
complied with Section 7.05 of the City Charter requiring that it be a principal item of business at
the last regular meeting of August.
Mr. Folie stated for 2011, the economy continues to play a roll in the difficulty of developing
departmental budgets that provide the same level of service as the current year's budget. A
major issue the City grapples with annually is the State's economic condition and loss or
decertification of Local Government Aid and Market Value Homestead Credit. The City has
once again made budget cuts and will continue to strive to provide the same level of service.
Mr. Folie stated the 2011 proposed budget is being presented to them this evening along with a
resolution to approve it as a proposed budget for 2011. As in the past, the City Manager will be
providing them with an in-depth overview of the 2011 budget at the December 6 Council
meeting in the form of a public hearing. A second Council budget work session will be held on
October 18. The first was held on June 21. There will be a public hearing on the budget
December 6 which will include discussion on both the levy and the budget resolutions. Finally,
resolutions approving the 2011 tax levy and the budget will be on the agenda for the December
13 Council meeting.
Mr. Folie stated the general fund appropriation amount is actually going down from 2010; and
the total for all funds is also going down by .17 percent. The budget before them should be
viewed as the proposed budget for 2011. Staff recommends approval of the resolution adopting
the proposed budget for 2011.
Councilmember Bolkcom stated they are still looking at some possible budget cuts.
William Burns, City Manager, said they are still facing some uncertainty with the City's
contract negotiations with its employee organizations.
MOTION by Councilmember Varichak to adopt Resolution No. 2010-61. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 7
10. Second Reading of an Ordinance Amending Chapters 602, 603 and 606 of the
Fridley City Code Requiring a Holiday Endorsement for the Sale of On- and Off-
Sale 3.2% Malt Liquor and On-Sale Intoxicating Liquor and Chapter 11 Setting the
Fee for the Holiday Endorsement.
Debra Skogen, City Clerk, stated local intoxicating liquor establishments asked the City Council
to allow them to sell intoxicating liquor on December 24 and 25. The change would allow them
to compete with other establishments around the City and in other communities. A recent survey
of nine contiguous cities to Fridley shows all have no restrictions for December 24 and 25. Staff
met with Council in July to discuss the issue and draft an ordinance. Letters were mailed to all
on-sale liquor establishments prior to the first reading, notifying them of the meeting and the
ordinance. The first reading of the ordinance was held on August 23. Council requested staff to
amend the ordinance to clarify an establishment could not stay open past 1 a.m. with the holiday
endorsement unless they also had the late night endorsement. Upon further review, staff found
that on-sale 3.2 percent malt liquor was only allowed for sale at noon on Sunday in our City
Code. To provide consistency throughout the liquor code, that language has been amended to
allow them to begin selling at 10 a.m. on Sundays with the Sunday license as allowed by
Minnesota Statutes.
Ms. Skogen stated the ordinance proposed the following in Sections 602.09, 603.11, and 606.11:
No sale of 3.2 percent malt liquor or on-sale intoxicating liquor may be made between the hours
of 8 p.m. December 24 and 1 a.m. December 26 without a holiday endorsement. A holiday
endorsement would enable an establishment to sell 3.2 malt liquor and/or intoxicating liquor
Monday through Saturday between the hours of 8 a.m., December 24, and 1 a.m., December 25,
and between 8 a.m. December 25 and 1 a.m. December 26. Should December 24, 25, or 26 fall
on a Sunday, the establishment may not sell, provide, or allow the consumption of liquor until 10
a.m. or until such other time as defined by Minnesota Statutes. One holiday endorsement would
be issued for the full time period covering both days, and those establishments holding a late
night endorsement as defined by City Code may continue to sell intoxicating liquor until2 a.m.
on December 25 and 26. For those establishments holding a joint on-sale 3.2 percent malt liquor
and on-sale wine license, they may apply for one holiday endorsement to cover both licenses. To
cover the cost of the additional staff needed to cover the hours, Chapter 11 would be amended to
reflect a$100 fee for the holiday endorsement.
Ms. Skogen said staff recommended Council discuss the amended ordinance and if they concur,
hold the second reading.
MOTION by Councilmember Saefke to waive the reading of the ordinance and adopt Ordinance
No. 1271 on second reading and order publication. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 8
NEW BUSINESS:
11. First Reading of an Ordinance Amending Chapter 205, Section 205.03, Section
205.17 and Section 205.18 of the Fridley City Code Defining "Fleet Vehicle" and
Allowing "Overnight Parking of Fleet Vehicles" as an Accessory Use in the M-1,
Light Industrial, and M-2, Heavy Industrial Zoning Districts.
Scott Hickok, Community Development Director, stated the M-1, Light Industrial, and M-2,
Heavy Industrial Zoning Districts, sections of the City Code would be modified through this
ordinance to allow fleet vehicles. The ordinance requires that fleet vehicles shall be licensed and
street operable; shall be parked on an approved hard surface; shall be in the side or rear yard
only; shall be of a gross vehicle weight under 26,000 pounds; parking shall be dedicated for
those fleet vehicles, and it would be in addition to that parking that is already required for the
building itsel£ Finally, the parking areas would be properly lit and shielded with downcast
lighting and properly screened. The te�t amendment would be the same in the M-1, Light
Industrial District, and the M-2, Heavy Industrial District. This amendment also adds a
definition of "fleet vehicle" to the ordinance that says a fleet vehicle is any motor vehicle a
company owns or leases that is in the normal operation of the accepted principal use. Vehicles
not considered fleet vehicles include off-road, construction, farm implement, and personal
vehicles.
Mr. Hickok stated staff recommends that Council approve the first reading of the ordinance.
Mayor Lund stated as he recalled, the reason they brought this back again for further review is
when Mr. Voigt was here, it was not clear to him whether this was really going to address and
satisfy his need. When he read this, he is not sure it addresses the issue. It talks about fleet
vehicles up to 26,000 pounds. Mr. Voigt stated that some of his buses are of a higher weight
factor. He asked if that issue had really been satisfied or addressed to Mr. Voigt's satisfaction.
Mr. Hickok replied, yes, he is satisfied. In 1993, when the City created the Anderson Trucking
plat, of which Mr. Voigt's property is a part, the plat had stipulations on it much like a special
use permit. Those stipulations applied to the three lots of the Anderson plat. When staff was
doing the research, it became clear that they are governed by the stipulations under that plat and
this new mandate would not change or restrict them further. They were very pleased by that and
satisfied they are able to keep their buses under the stipulations of the plat.
MOTION by Councilmember Bolkcom to waive the reading of the ordinance 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.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 9
12. Special Use Permit Request, SP #10-09, by Renaissance Adult Daycare, Inc., to
Allow an Adult Daycare Business within the Building Generally Located at 250
Commerce Circle South (Ward 3);
and
Resolution Approving Special Use Permit, SP #10-09, for Renaissance Adult
Daycare, Generally Located at 250 Commerce Circle South.
Scott Hickok, Community Development Director, stated petitioner is seeking a special use
permit to allow an adult daycare within the tenant space at 250 Commerce Circle South.
Daycare centers are permitted special uses in an M-1, Light Industrial, zoning district. The
petitioner plans to lease space from Parkview Building, LLC, and the property owner of 250
Commerce Circle South.
Mr. Hickok stated the City Code allows daycare centers in the M-1, Light Industrial district,
with a special use permit. Although the City Code does not specifically state "adult daycare,"
staff has determined that because a daycare center is permitted with a special use permit, it could
apply to either a senior center, a children's center, or any age range.
Mr. Hickok stated petitioner states that adult daycare centers provide a break for a caregiver
while providing health services, therapeutic services, and social activities for people with
Alzheimer's Disease and related dementia, chronic illness, traumatic brain injuries,
developmental disabilities, and other problems that increase their care needs.
Mr. Hickok stated adult daycare participants also have an opportunity to interact socially with
peers, share in stimulating activities, receive physical or speech therapy if needed, and receive
assistance with the activities of daily living. A day at an adult daycare center could include
supervised care, small group and individual activities, such as reminiscence, sensory stimulation,
music, art, or intergenerational activities, nutritious meals, transportation, case management,
recreation and exercise, nursing care, education, family counseling, assistance with activities of
daily living, and occupation. Speech and physical therapies are also included. The services are
customized to each participant's needs.
Mr. Hickok stated petitioner has applied for a license with the State of Minnesota to have 25
clients in their program. Renaissance Daycare will pick up their clients each morning and drop
them off at home at the end of the day. In order to accommodate picking up and dropping off the
clients, the proposed use will need to have three small vans. At times, the vans will be parked in
the parking lot during the day, but will go home with the drivers at night. There will be no
storage of the vans overnight.
Mr. Hickok stated at the August 18 Planning Commission meeting a hearing was held. The
Planning Commission unanimously recommended approval of this special use permit with
stipulations as presented. City staff recommends concurrence with Planning Commission.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 10
Councilmember Barnette asked how much it would cost.
Alex Krasney, Renaissance Adult Daycare Inc., stated if it is private pay, it will be about $60 a
day. Transportation will probably be $10 one-way. It will cost around $80 per day.
Councilmember Bolkcom said with respect to Stipulation No. 6, "Pedestrian crossings to the
proposed use within the building shall be clearly marked." What does "within the building"
mean?
Mr. Hickok stated because it is a multi-tenant building and they do have the potential of
crossing other traffic areas in the complex. They would have a striped walkway or something
similar from the bus to their portion of the complex that is the safe zone for them to get from the
bus to the building.
Councilmember Bolkcom stated it reads as though the pedestrian crossings are actually inside
the building. However, he is talking about outside the building.
Mr. Hickok replied, yes, on the campus. He would be glad to entertain other language.
Councilmember Bolkcom asked if petitioner was aware of the seven stipulations and agreed
with them.
Mr. Krasny said he was, but was confused with the marking because when the bus comes to the
building, the door is right there.
Councilmember Bolkcom asked if there will be some people dropped off by a caregiver.
Mr. Krasny said they will all be riding the bus. They go to the home, collect them, bring them
to the center, stop in front of the door, open the door and they go in.
Councilmember Bolkcom said but there may be someone who could be dropped off by a
caregiver at a different time because they were not ready or because they had a doctor's
appointment.
Mr. Krasny replied that is a possibility. They will have two separate doors in this area. There
will be a door that is marked "Adult Daycare" or something similar and an exit door to another
side. They will do the markings.
Councilmember Bolkcom asked if this is approved tonight, what has to be done to get the
building ready for this program.
Mr. Krasny said they have to provide a plan for the daycare as they have to build a kitchen area,
a big recreational room, a quiet room, etc. They are going to hire somebody, draft the survey and
do everything they are required to do.
Councilmember Bolkcom asked if he had an anticipated opening date.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 11
Mr. Krasny stated they have daycare in Coon Rapids. The problem is the City of Coon Rapids
is making some replanning of the whole city, and the building they are in is going to be taken
down pretty soon. He is going to have a meeting with their planning director ne�t week They
would like to do this as soon as possible.
Mayor Lund stated Mr. Krasny has a current facility in Coon Rapids. He asked if he had any
others.
Mr. Krasny replied, he has other locations and he had a partner. They have a location in Eagan
and in Edina.
Mayor Lund asked how long he had those.
Mr. Krasny replied in 2000.
Mayor Lund asked if it was with another partner and they split.
Mr. Krasny replied, yes.
Mayor Lund asked if he has the one facility he currently operates in Coon Rapids.
Mr. Krasney replied, yes.
Mayor Lund asked if that will be closing at some point.
Mr. Krasny said they would just move it to Fridley. It is a perfect space. It is away from the
highway, very quiet, and has a park on the one side.
Mayor Lund asked what their typical hours of operation were.
Mr. Krasny replied, they start picking up clients about 8:00 a.m. and they drop them off at their
home about 3:00 p.m.
Councilmember Varichak asked if it was the same clients all the time or if it changed daily.
Mr. Krasny replied, normally they do not have clients attend the center every day. It is usually
between two and three times a week because it is too much for their clients to attend every day.
They have probably 60 clients but they go two or three times a week.
Councilmember Varichak asked what the age difference was.
Mr. Krasney replied, between 60 and 90. They want to help keep them more active and
healthier.
Mr. Hickok provided the following verbiage for Stipulation No. 6, stating "Pedestrian crossings
to the proposed use within the parking area of the complex shall be clearly marked."
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 12
MOTION by Councilmember Bolkcom to approve Special Use Permit Request, SP #10-09, by
Renaissance Adult Daycare, Inc., with the following seven stipulations:
1. The petitioner shall obtain a building permit prior to interior modifications.
2. The petitioner shall comply with the Minnesota State Building code requirements.
3. The petitioner shall comply with any requirements set forth by the Fire Marshal.
4. The petitioner shall obtain a sign permit prior to installation of any new signage.
5. The petitioner shall become up to date with code requirements for accessible parking
stalls.
6. Pedestrian crossings to the proposed use within the parking area of the complex shall be
clearly marked.
7. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and
void one year after the City Council approval date if work has not commenced or if the
Petitioner has not petitioned the City Council for an e�tension.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
13. Resolution Ordering Preparation of a Preliminary Report and Preliminary Plans
and Specifications for Street Rehabilitation Project No. ST. 2011-01.
James Kosluchar, Public Works Director, stated this is the process the City goes through on the
annual street maintenance projects and includes the preparation of a feasibility report in order to
initiate the project.
Mr. Kosluchar stated the project includes resurfacing as part of the City's street maintenance
program. The proposed projects for 2011 include the Hyde Park neighborhood and the north
industrial area mainly bounded by 73rd to 83rd Avenues, between the BNSF tracks and University
Avenue. The project is part of the City's proposed five-year capital improvements program.
The City also has the five-year resurfacing program.
Mr. Kosluchar stated part of the plan is based on the street ratings staff gathers annually
throughout the community. The project includes approximately 4.9 miles of local streets. This
is slightly reduced from the pavement maintenance program included in the 2011 draft CIP. One
of the reasons is staff had discussions with Council and the City Manager about assessing
properties which were assessed in recent years, and those were eliminated from the area to the
north where feasible. They could not eliminate all of the recent assessment properties from
having assessments on this project. Upon approval of the resolution, staff would prepare a
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 13
feasibility report to Council and would take into account recommendations on how to construct,
what work should take place, and sources of funding and constructability. Similar to what was
done last year, staff proposes to prepare the draft feasibility report and have a project open house
on September 30 at 6 p.m., which will be advertised in the project area including those who
might be affected by the assessment and those that might be affected by the construction. Staff
recommends City Council adopt the resolution with one change. At the end of the resolution, it
should have today's date.
Councilmember Bolkcom asked what area could not be eliminated.
Mr. Kosluchar stated the properties on the West University Avenue frontage road were assessed
with the University Avenue Service Drive 2009 project. Some of the properties on a segment of
83rd are eliminated; 81st is eliminated to Main; and 73rd is eliminated to Commerce Lane. Part of
the problem is the parcel on the southwest corner of Commerce Drive and 73rd is so big that
West Commerce runs alongside it as well. That is one of the parcels that was also affected in
2009. Also at the south end of Commerce Circle East, those two parcels there would also be
affected. They are talking about three parcels which is substantially reduced from what they had
originally talked about. The alternative would be not to construct any of the Commerce Circle
portion of the project, but it is in terrible shape.
Councilmember Bolkcom said she understands that but it will also be pretty significant for
those properties. She would like to see some numbers on this. She is a little concerned that the
property owners got assessed pretty big in 2009 and will be assessed again so soon. She
suggested that when staff sends the notice out that they make this clear. They really could not
tell which streets they were when looking at on the notice that went out not too long ago. There
were a lot of addresses but no streets were clearly marked.
Mr. Kosluchar stated he would get her the information by the weekend.
Councilmember Bolkcom stated it might be worthwhile to have a conversation with those
property owners.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2010-63 and changing the date
in the last paragraph to September 13, 2010. Seconded Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
14. Approve Change Order No. 6 for 85t'' Avenue Trail Project No. ST2007-4 (Ward 3).
James Kosluchar, Public Works Director, stated 85th Avenue Trail was a federal aid project that
was constructed in 2009. Fridley administered the project and was reimbursed 80 percent of the
construction costs through MnDOT federal funding. The budgeted cost of the project was $1.2
million. The contract cost of the project through previous change orders was $877,589.33. The
total amount of this change order is $15,784.69. There are two items to this change order. They
both have prior approval of staff, the contractor, and MnDOT. They were required mainly
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 14
because of the realignment of the trail and the shortening of one bridge. This work was directed
and completed in July 2009 but, because this is a federal aid project, they did not process this
final change order until they knew there were no other items. The work was necessary to
minimize the impact to specific trees at Springbrook Nature Center. They actually worked with
the director at Springbrook Nature Center and avoided some specimen trees in a small grove that
were valuable for the park itself. Shortening of the bridge reduced the long-term maintenance of
the trail. There were some costs initially, but they expect to recover that.
Mr. Kosluchar stated the local share of Change Order No. 6 is $3,156.92 which would be
funded from municipal state aid funds. Staff recommends approval of Change Order No. 6
which is, as far as they know, the final change order barring any other claim from the contractor.
After this change order is approved, staff will initiate a period where the contractor can make a
claim. Staff has discussed this with the contractor, and they do not know of any other claims.
Mayor Lund stated one would think the contractor would know by now what changes he had
during the construction and would submit those claims in a timely manner.
Councilmember Bolkcom asked if the bridge was shortened recently.
Mr. Kosluchar replied, no, they knew of these quantities that were going to require a change
order. There was some lengthy discussion about the quantities, making sure they were actual
and in place, and the work was complete. Staff has to do their own review and they probably
resolved it shortly after the previous change order was processed. They wanted to make sure that
the contractor had no other change orders or other requests
William Burns, City Manager, asked if some of the length of time also was because of MnDOT
review. It is not all the contractor. The contractor obviously has an incentive to get paid as soon
as he can. His understanding is a fair amount of this has been because of the slowness of the
MnDOT review process.
Mr. Kosluchar said that is accurate, too. It is inherent to the federal aid process as well. There
are number of people who review the paperwork and there are approvals that need to be
obtained.
Councilmember Bolkcom asked if they realized before they started the project that the bridge
had to be shortened.
Mr. Kosluchar replied correct. He believed this work directive was probably made in February
2009; however, the City has unit prices from the contractor, and quantifying those unit prices
takes some time.
Mayor Lund stated in other words the City saved a little money having a shorter bridge than
what was originally called for. During the construction, they decided they did not have to put as
long a bridge in there because they did not have to span as long an area, and it was cheaper to put
in fill.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 15
MOTION by Councilmember Bolkcom to approve Change Order No. 6 for 85th Avenue Trail
Project No. ST2007-4 (Ward 3). Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
15. Informal Status Reports
None.
ADJOURN.
MOTION by Councilmember Barnette, seconded by Councilmember Varichak, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 9:01 P.M.
Respectfully submitted,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor