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11/15/2010 - 29322CITY COUNCIL MEETING CITY OF FRIDLEY NOVEMBER 15, 2010 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 730 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Darin Nelson, Finance Director/Treasurer James Kosluchar, Public Works Director Pam Reynolds, 1241 Norton Joanne Zmuda, 651 4th Street PRESENTATION: Snow Plowing Update APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Resolution Receiving Report and Calling Hearing on Improvement for Street Rehabilitation Project No. ST. 2011-01. William Burns, City Manager, said Council directed the preparation of a feasibility report for the 2011 street improvement project at their September 13 meeting. Staff subsequently sent notices to 306 property owners and held a meeting with 24 of these owners on September 30. As a result of feedback from property owners in the north commercial area of the project, Council determined to postpone this portion of the proj ect until a later date. Dr. Burns said since the property owners in the Hyde Park area have generally supported the project, staff continues to include this section in next year's street improvement project. Staff recommends Council's approval. If Council approves the resolution, notices will be sent to the property owners. ADOPTED RESOLUTION NO. 86-2010. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15, 2010 PAGE 2 2. Resolution Supporting the Improvement to Springbrook Nature Center Associated with the SPRING (Sanctuary Protection & Renewal Into the Next Generation) Project and Supporting the Request to the State of Minnesota for financial Assistance. William Burns, City Manager, said this resolution expresses Council's support for the City's application to the State of Minnesota for financial assistance for the SPRING Project. The City has had some success in past years getting legislative support to include this proj ect in the State's bonding bill. Unfortunately the support did not result in funding. The Springbrook Nature Center Foundation has funded a study that has identified stand-alone portions of the SPRING project and developed cost estimates for each portion. The Fridley Parks and Recreation Department is planning to use this information in filing a 2011 application for funding. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE AGENDA 3. Claims (148490-148583). APPROVED. 4. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE ADOPTION OF AGENDA: Pam Reynolds, 1241 Norton, asked for Item No. 2 to be removed. MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of Item No. 2. 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 No. 2. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: No one from the audience spoke. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15, 2010 PAGE 3 OLD BUSINESS: 5. Consideration of Payment of Estimate for Valley Paving for the 2010 Street Rehabilitation Project No. ST2010-01 (Tabled October 25, 2010). MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. James Kosluchar, Public Works Director, said staff is trying to work with the contractor to address the concerns on this project. Staff recommends tabling this item until the December 6, 2010, Council meeting. Councilmember Bolkcom said staff has walked through the areas and MnDOT has affirmed that there are issues in areas that were brought up at the public hearing. Staff is in contact with the contractor and continues to try to resolve the issues. There are solutions to the problems but it is a matter of timing as to when the problems can be corrected. Mr. Kosluchar said a large amount of the work cannot take place this year. Some corrected work needs to be done now but the majority will be held off till spring. Councilmember Bolkcom asked if the problem areas being addressed were the ones removed from the assessments. Mr. Kosluchar said that is correct. Councilmember Varichak asked if staff has been in contact with the residents who called. Mr. Kosluchar answered yes, staff has been in contact with residents via email and phone. There is one email staff is still working on with a resident but all others have been addressed. Councilmember Bolkcom asked if staff was working with the County on County road issues. Mr. Kosluchar answered yes. MOTION by Councilmember Bolkcom to table the consideration of payment of estimate for Valley Paving for the 2010 Street Rehabilitation Project No. ST2010-01 until the December 6, 2010, City Council meeting. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15, 2010 PAGE 4 NEW BUSINESS: 6. First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #10-02, by Ashland, Inc., for the Properties Generally Located at 7201, 7299 and 7315 Highway 65 NE) (Ward 2). Scott Hickok, Community Development Director, said petitioner is requesting to rezone the property at 7315 Hwy 65 from M-1, Light Industrial, to C-2, General Business, to allow the redevelopment of this site with a retail user. To avoid spot zoning and creating a contiguous commercial zoning district, the properties at 7299 Hwy 65 (Super America) and 7201 Hwy 65 (vacant) are also being rezoned from M-1 to C-2. Mr. Hickok said since the Valvoline property went on the market in 2007, there has been interest from several retail type users; however because of the current industrial zoning, the property has not been purchased. Over the years, City staff has had discussions with the property owner about a potential rezoning of the subject property, the Super America property and the vacant lot south. Due to the small lot size, the high visibility, and the ready access to the properties, a commercial zoning is the best fit for the subj ect properties. Mr. Hickok said on October 20, 2010, the Planning Commission held a public hearing for Rezoning Request, ZOA #10-02. After some discussion, the Planning Commission unanimously recommended approval of with no stipulations. They did making note that the 1987 variances should be recognized as part of the rezoning request for 7315 Hwy 65 and that the 1983 special use permit and variance be transferred and recognized on the rezoning request for 7299 Hwy 65. At the November 8, 2010, City Council meeting, a public hearing was held on this item. Staff recommends Council hold the first reading of the ordinance for this item. Councilmember Bolkcom said was not present at the last meeting but viewed the tape. She asked for further explanation of this first reading. Mr. Hickok said that this is a very unique request and may be permitted elsewhere. Staff will be consistent about future requests like this. This is no different than Wal-Mart trucks servicing businesses. The unique feature is there will be a stairway on the inside. During the day they will be selling products out of the truck. Councilmember Bolkcom asked if Walgreens punched out a wall and built a staircase if they could sell seasonal items off the truck. Mr. Hickok answered yes. Councilmember Barnette asked if staff had received any complaints. Mr. Hickok said that no complaints have been received other than what was presented at the last meeting. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15, 2010 PAGE 5 MOTION by Councilmember Varichak to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Bolkcom. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 7. Resolution Encouraging Anoka County Integrated Waste Management to Work with all of its Local Government Units to Explore Operating a Year-Round, Countywide, Centrally Located Recycling Drop-Off. Scott Hickok, Community Development Director, said residents in Fridley have asked for a county-wide recycling drop-off center similar to those available to residents of Hennepin, Ramsey, and Dakota Counties. This effort would offer more convenience in recycling difficult- to-dispose of items, create an alternative to the semi-annual city-wide recycling drop-offs and consolidate drop-off services to do more with less funding. Mr. Hickok said Fridley has a well-run, semi-annual, local recycling drop-off event. Anoka County Integrated Waste already provides drop-off services; there are seasonal compost sites and the year-round household hazardous waste site. Anoka County is reviewing its recycling drop- off services and staff received an invitational letter from County Commissioner Jim Kordiak to evaluate Anoka County's drop-off programs. Mr. Hickok said staff participated in a 20 minute telephone survey in October conducted by Wilder Research. The Environmental Quality and Energy Commission recommendation on November 9 considered a resolution and requested further explanation of the type of materials typically brought to Fridley's "Recycling Drop-offl' events. Staff modified the resolution to include a list of materials brought. Mr. Hickok said after discussion, the Environmental Quality & Energy Commission approved a resolution encouraging Anoka County Integrated Waste Management to work with all of its local government units to explore operating a year-round, county-wide, centrally located recycling drop-off. Staff recommends Council's approval. Councilmember Bolkcom asked if this was just a study format. Mr. Hickok said that is correct. Councilmember Bolkcom asked if the bicycle and construction materials, like wood and concrete from construction projects, could be included in the list of materials that would be accepted. Mr. Hickok said that as part of the study an evaluation of acceptable materials would be done. Councilmember Barnette asked if the City opted in, would it eliminate the City's recycling program. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15, 2010 PAGE 6 Mr. Hickok said the City recycling program would still happen, as it is more convenient for residents. Councilmember Varichak asked how long it would take to do the study. Mr. Hickok said he was not sure but knows the County is waiting for our answer. The County wants to know if there is an interest and then will figure out how to make this work with the monies available. Councilmember Varichak asked where residents should go to find out how to get rid of items if they can't wait until the next recycling event. Mr. Hickok said it is best to contact Rachel Harris at 763-572-3594 and she will be able to help residents find a location to take materials. Councilmember Bolkcom asked why paint is not accepted. She went to the hazardous waste drop off site and they told her to take it home and let it dry out and then dispose of the can. Ramsey County has a paint collection and gives residents an opportunity to take recycled paint to freshen up their home. Fridley should look at doing something like that. MOTION by Councilmember Bolkcom to adopt Resolution No. 2010-88. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 2. Resolution Supporting the Improvement to Springbrook Nature Center Associated with the SPRING (Sanctuary Protection & Renewal Into the Next Generation) Project and Supporting the Request to the State of Minnesota for financial Assistance. Pam Reynolds, 1241 Norton Avenue, had a few questions regarding this resolution. A year ago Council met about having the consultant look at the process of different phases. When did Council take action to accept a memorandum of understanding? Other cases like the Edward Justice Assistance Grant memorandum of understanding had to be accepted by Council. Mayor Lund did recall the discussion that Council would accept if Springbrook had all monies prior to each phase and the project was broken into three phases. This would allow the construction to start on Phase One and additional phases not to start until money is ready. With increased fees and fund raising, the maintenance cost would be covered in that financial model. Mayor Lund would have to look back at the minutes to see if official action was taken. Councilmember Bolkcom recalled this not being an agenda item but the discussion held at a conference meeting. Mayor Lund said this meeting was held before a consultant was hired to break down the project and make it feasible so they knew what kind of funding was needed before they started FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15, 2010 PAGE 7 construction. Springbrook sought out an architect firm to design and create a cost estimate as to what it would take to make the proj ect shovel ready. Councilmember Barnette said there are no City dollars is used for this project. Ms. Reynolds asked if staff time used on this project was tracked and reimbursed. Mayor Lund recalled that the Public Works Director was involved in a group to have oversight of the proj ect but meetings were held during normal business hours. There was only a small amount of staff time spent on the committee group through the selection of an architect so it is not necessary to seek reimbursement from the foundation. The Public Works Director is on salary, not paid by the hour. Councilmember Bolkcom said that originally Council was concerned with staff time as they presented there would be weekly meetings but it ended up just being an hour here or there. William Burns, City Manager, recalled the conversation about staff time but did not remember any direction from Council about being reimbursed. Councilmember Bolkcom said if there was going to be a significant amount of staff time spent on the proj ect it needed to be included in the budget, but it ended up being very minimal. Ms. Reynolds read from the November 16, 2009, meeting minutes a statement saying that if the award went through, no staff time would be extended unless it was reimbursed. Councilmember Bolkcom said that there was a conference meeting since then and Council discussed concerns and the Foundation hired a consultant to figure out what kind of income they would be bringing in and what it would cost. This eliminated the need for extended amounts of staff time. Ms. Reynolds said she had questions about the Foundation. When the Fridley voters approved the special tax levy they were not aware that the Parks and Recreation Department had a desire to turn Springbrook into a Country Club with closed circuit TV, amp theater, etc. There is a big difference between supporting a nature center and a place with all these amenities. $2.SM of tax payer money will be spent to put in a building where weddings or business meetings can be held. This will defeat the concept of a nature center. Ms. Reynolds has done some research on the Foundation and the information available is very limited. The most recent information that could be found was a business document from 2006. She did find a list of Foundation board members from September 2009. As she read through the list, only six out of twenty members on the Board are from Fridley. How does this Foundation have so much control over a city-owned piece of property and why are they calling the shots of what will be built there? Mayor Lund said residents should look at this as a$S.OM gift from the Foundation. If this is not what citizens want in the way of a nature center, why go through with it? Has a study been done on what the people of Fridley want? FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15, 2010 PAGE 8 Mayor Lund said Ms. Reynolds should contact or visit the Foundation to address issues directly to the Foundation. To address the first question; did citizens know about this grand plan prior to the levy that was voted on by citizens? They should have, the Foundation already had plans of the SPRING project and put it on hold because of the preliminary budget hearing in 2003. They put it on hold to start up the campaign to save Springbrook The other question was; why does the Foundation have so much clout? Ms. Reynolds seems to think they are driving staff or Council but they do not. They are a very active organization and are all volunteers. The Foundation has a passion about the nature center. They want to make improvements to the front area to accommodate a greater number of people and they will increase the building size three times to where it stands today. This was never a$2.SM project; it has always been a$S.OM project. The state has been matching a$2.SM grant and they would raise the other $2.SM This has grown to a$5.6M project that can be reduced if needed. Councilmember Barnette said it was made very clear to the Foundation that this is a City park. Much of their requests go through the Parks and Recreation Department first. They are not the ones driving this project but do have a passion for what they want to do. We are very careful that no City dollars are expended. The things they are going to do to the nature center are not negative to the nature center. They are looking at doing some things to the entry way to raise funds like rental for weddings and birthdays; bringing in visitors from neighboring communities. The City is making the decisions on what is happening with this proj ect, not the Foundation. Councilmember Bolkcom said some Foundation members could have originally been Fridley residents and then moved out of the city. It is a positive thing to look at other cities to help raise funds. This does bring in people from other communities so it is okay to have people from other communities be a part of the Board. Phase one is to change the green space and to create more of an area for people to go to meditate; handicap persons can walk in the small area and sit down. The energy efficiency of a new building will be huge. The attendance numbers will more than likely be higher because of people struggling to find something to do that does not cost money. Ms. Reynolds said that human intervention will destroy the nature center; why would this addition not destroy the nature center? Mayor Lund said this is for people to use and enjoy and the nature areas will be protected. The nature areas will be managed better to eliminate the destruction that currently happens. Ms. Reynolds wondered how the Foundation will continue covering some of the costs with program revenue and funds from the Springbrook Foundation. She asked if Pumpkin Night in the Park was a Foundation event or a Parks and Recreation event. Where is the separation of organizations? When the Lions rent the facility, where does that money go? Dr. Burns said that Pumpkin Night in the Park is a City function and expenses are paid by fees that are charged to the people who come to the event. The Foundation does have food and beverages for sale and those monies are kept by the Foundation. 147 volunteers and thousands of volunteer hours are spent for Pumpkin Night in the Park. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15, 2010 PAGE 9 Ms. Reynolds said during the 2010 legislative session, the SPRING grant went by the wayside because the Governor vetoed the bill. She asked if this is a good time or smart time for non- essential recreational funds. Mayor Lund said this is an appropriate question to ask but it is up to the state legislators to decide what is important. Ms. Reynolds does not agree to spend tax dollars for the regional park for the nature center when there are so many other things that can be done such as plowing the bike paths. Everyone in the City of Fridley would use the bike paths if they were plowed. Mayor Lund said plowing bike paths would come out of the General Fund; it is a totally different funding source. The Springbrook Foundation volunteers raise money and ask for money from legislatures. If the state is going to spend money on improvements, I feel it is my responsibility to ask for bonding money to come to Fridley. Ms. Reynolds asked if people wanted to discontinue or reverse the special tax levy if it would be done through an initiative. Mayor Lund said yes. Joann Zmuda, 651 4th Street, asked if Mayor Lund is a member of the Board at the Springbrook Foundation Mayor Lund answered no, but he does participate in fundraising activities. MOTION by Councilmember Bolkcom to adopt Resolution No. 2010-87. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. Informational Status Reports. Councilmember Bolkcom attended the grand opening for the new Fridley Medical Center. This is a beautiful addition to the City. Councilmember Barnette asked when the parking would be finished in that area. Scott Hickok, Community Development Director, said that they hope to complete it yet this year. Councilmember Bolkcom asked for a report to be sent to Council regarding the vacancies on the City's commissions. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15, 2010 PAGE 10 ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:45 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor