Loading...
CCM 03/11/2013 CITY COUNCIL MEETING CITY OF FRIDLEY MARCH 11, 2013 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:32 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember Varichak Councilmember Saefke Councilmember Bolkcom MEMBERS ABSENT: Councilmember Barnette OTHERS PRESENT: Darin Nelson, Interim City Manager Scott Hickok, Community Development Director James Kosluchar, Public Works Director Darcy Erickson, City Attorney Kay Qualley, Environmental Manager Commissioner Jim Kordiak Samer Alamy, Islamic University of Minnesota Alan Hamel, Integrated Real Estate Services APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: Special City Council Meeting of February 20, 2013 APPROVED. City Council Meeting of February 25, 2013 APPROVED. NEW BUSINESS: 1.Receive the Minutes from the Planning Commission Meeting of February 20, 2013. RECEIVED. FRIDLEY CITY COUNCIL MEETING OF MARCH 11, 2013 PAGE 2 2. Resolution Supporting the City of Coon Rapids Local Trail Connections Grant th Application for the 85 Avenue Trail Connector to the Mississippi River Regional Trail. Darin Nelson , Interim City Manager, stated City staff learned during the East River Road Corridor Study meetings how much this trail connection was desired by Fridley residents living th south of 85 Avenue along East River Road. Many of these residents want to be able to access th the existing trail along 85 that leads to Springbrook Nature Center. They feel the Coon Rapids th portion of 85 is unsafe because of the lack of shoulder along that roadway. This grant program is the same one Fridley has applied for several times. Fridley did not pursue another DNR grant this spring as its focus has shifted to the Safe Routes to Schools funding at this time. Therefore, the Coon Rapids application is not competing against any Fridley applications for funding in this round as it has in the past. Staff recommends Council’s approval. ADOPTED RESOLUTION NO. 2013-16. 3. Resolution Calling for Public Hearing on Modifications to the Redevelopment Plan for Redevelopment Project No. 1 and the Tax Increment Financing Plans for Tax Increment Financing District Nos. 6-7, 9, 11-13 and 16-21, Creation of Tax Increment Financing District No. 22 and Approval and Adoption of a Tax Increment Financing Plan Related Thereto (Northstar Transit Station TIF District) (Ward 3). Darin Nelson , Interim City Manager, stated the 2007 and 2008 legislative sessions gave Fridley the ability to create a transit TIF district and to pool tax increment from three existing districts to pay for public improvements around the Northstar station area. In June, 2009, the HRA was asked to approve a motion to move forward with the statutory requirement for creating a Northstar Transit Station TIF district. After discussion over the concerns of starting the time clock for the district, prior to having an identified project, the HRA decided to wait until a project was imminent. Mr. Nelson stated developer John Allen has purchased the JLT site and has made an application for land use approvals needed to build on the site. Mr. Allen’s project consists of approximately 140,000 square feet of office/showroom/warehouse area along, with 300,000 square feet of office. In addition, there will be 120 units of residential rental property. Because the project will be built in phases, the HRA will delay collection of increment for four years. The time is now right for the district to be created in order to capture the value of the new development proposed at 5601 East River Road. Staff recommends Council’s approval of this resolution. ADOPTED RESOLUTION NO. 2013-17. 4. Appointment – City Employee. Darin Nelson, Interim City Manager,stated staff recommends the appointment of John Odenthal to a full-time position of Public Services Worker in the Parks Maintenance Division as of April 1, 2013. Mr.Odenthal has worked for Fridley for two summers as a temporary street FRIDLEY CITY COUNCIL MEETING OF MARCH 11, 2013 PAGE 3 maintenance worker. He has also worked at Centerbrook Golf Course as a groundskeeper. This appointment fills a vacancy created by Gary Volk who will be retiring on March 31. APPROVED. 5. Claims (158640 – 158825). APPROVED. 6. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 7. Estimates THERE WERE NO ESTIMATES. APPROVAL OF CONSENT AGENDA: MOTION by Councilmember Varichak to approve the proposed consent agenda. Seconded by Councilmember Saefke. 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. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: No one from the audience spoke. NEW BUSINESS: 8. Resolution Approving Special Use Permit, SP–13-02, for Medina Realty, Inc., on Behalf of the Property Owner, Bridgewater Bank, for the Islamic University of Minnesota Located at 6831 Highway 65 N.E. (Ward 2). FRIDLEY CITY COUNCIL MEETING OF MARCH 11, 2013 PAGE 4 Scott Hickok, Community Development Director, stated the petitioner, on behalf of the Islamic University of Minnesota, is requesting a special use permit to allow an Islamic University with an associated worship space within the existing building at 6831 Highway 65. The existing building has been used as the Knights of Columbus banquet hall since the early 1970s. th Mr. Hickok stated the property is located off Highway 65, just south of 68 Avenue, and is zoned R-3, Multi-Family Residential. The building was constructed in 1965, and was occupied by the Knights of Columbus since the early 1970s. The property was for sale for approximately 14 months. City staff received many phone calls inquiring about what types of businesses could use the building. Because the property is zoned R-3, commercial-type businesses, such as privately-owned banquet facilities or restaurants, could not acquire the building and use it without a rezoning first. Schools, churches, medical clinics, and daycares would be allowed in the R-3 district, but by special use permit only. Mr. Hickok stated the Islamic University of Minnesota has put in an offer on the subject property contingent on approval of the SUP. The IUMN is mainly an on-line university with some classes offered in the classroom. The environment for that classroom would allow 10 to15 students per class, and those classes would be offered on Fridays, Saturdays, and Sundays. They do offer Bachelor’s, Master’s, or PhD’s in Islamic studies. Mr. Hickok stated the IUMN would like to use the existing building as their main headquarters, with offices, classrooms, and a celebration/prayer hall. The interior of the building will be remodeled to fit the needs of the university. The exterior of the building will remain as it is, as well as the parking lot and grounds. Mr. Hickok stated the subject property is made up of four parcels and is 2.69 acres. Based on the assessing records, the footprint of the building is approximately 8,570 square feet. The main level will be remodeled to create three 15 x 20 foot classrooms within the existing bar/restaurant area. The storage space will be converted into an office area. The existing ballroom will be used for a celebration hall for graduations and other festive events and as a prayer hall. The rest of the main level, including the kitchen, bathrooms, and lobby will remain the same. The lower level will also remain unchanged at this time. Mr. Hickok stated schools, churches and worship facilities are a permitted special use in the R-3, Multi-Family zoning district, provided they meet the necessary requirements related to building and site requirements and parking, subject to the stipulations. Mr. Hickok stated all setback and lot coverage requirements are being met with the existing building. Fridley City Code requires that the minimum amount of parking stalls based on proposed uses for the building is 132 parking stalls. There is a total of 155 parking stalls on the subject property. Mr. Hickok stated petitioner has indicated the main worship time is on Friday between 12:00 p.m. and 2 p.m. During that time, there would be between approximately 150 to 300 worshippers. This number is dependent upon the maximum occupancy allowed by the building FRIDLEY CITY COUNCIL MEETING OF MARCH 11, 2013 PAGE 5 and fire code as well as the amount of parking stalls available on-site. All parking related to this use will be required to be on-site. No on-street parking will be allowed. Staff will stipulate that if parking becomes an issue on this site, the SUP will need to come back to the City Council for further review. Mr. Hickok stated staff heard from two property owners. The first one did not have any issues with the request once it was fully described to her. The second one was not in favor of the request. She had concerns about traffic and parking. Mr. Hickok stated the Planning Commission held its hearing for this on February 20. After some discussion the Planning Commission did recommend approval of the special use permit with four stipulations. Mr. Hickok stated the Planning Commission had several questions regarding occupancy of this building and how it relates to the amount of parking that is available. Staff reviewed this inquiry with the City’s Building Official, Ron Julkowski, who indicated the Knights of Columbus use was an “A” occupancy according to the Building Code which is an assembly use; and is the most restrictive in terms of what all is required in the building and its construction. The building’s existing system should be more than adequate for the proposed use. This is a “B” occupancy in an “A” building. In other words, the “B” occupancy would have fewer restrictions on the construction; and the subject building was constructed to an “A” standard. Mr. Hickok stated Mr. Julkowski also stated that because there is a change in use, the building will have to comply with all Code provisions. City staff recommends approval of this special use permit. Councilmember Varichak asked where their facility is now. Mr. Hickok replied, there is a facility. He deferred it to the petitioner. Councilmember Varichak asked how Friday, Saturday, and Sunday were chosen versus Monday through Thursday for the classes. Mr. Hickok deferred to the petitioner. Councilmember Varichak asked since they have worship on Fridays from 12 to 2, where do they worship now. Mr. Hickok replied, that is at the facility where they are located as well. Councilmember Varichak asked if they do get this facility, then there will be no activity Monday through Thursday. Mr. Hickok replied he would also defer this to the petitioner. Staff is saying the petitioner is identifying when demands are going to be placed on this building but, like any business, they FRIDLEY CITY COUNCIL MEETING OF MARCH 11, 2013 PAGE 6 hope for their success and growth. If they have events on other days, they would expect them to be able to use the building at that time also. Councilmember Varichak asked if there are three classrooms with total of 45 students at the facility on a Friday and each one drove, then that would leave less than 100 people who could use that facility because they allow for 155 parking spots. However, at this facility they are saying it can hold up to 300. How does staff do that calculation? Mr. Hickok replied, it is something they have discussed at length with the petitioner. They are aware that if parking becomes a problem, the special use permit does come back to be revisited, and they may need to make some other choices. They do believe the facility, with what they know about their gatherings, will serve them well. Councilmember Varichak asked at the facility they are at now do they serve the 150 to 300 people Mr. Hickok replied, one of the reasons why they were looking for a new facility is they needed the extra room. Councilmember Varichak stated she received a couple of phone calls since the Planning Commission meeting. The two people who contacted her are very concerned about the parking at the site. They noticed when it was the KC Hall at their events people parked on the street in the neighborhood. People came through their neighborhood to the site. Is there any way to get the people to just get on Highway 65 and come in that way instead of going down neighborhood streets? With the apartment buildings over there, there is a lot of traffic in that area. That was a main concern of the two neighbors who contacted her. Mr. Hickok stated the City can encourage them. He thinks it is important the concern of the neighbors be on the record. To the extent that they can, the petitioner should direct their congregation to use the main entrance into the drive off of Highway 65 to limit the neighborhood activity and disruption. If Councilmember Varichak feels strongly enough about it of course, they could stipulate that be done. One of the things he cautions though is enforcement of it. A GPS or any number of other things could cause them to come down a street rather than off from the highway. They would not want to create something so immediately as an enforcement issue. The beauty of a special use permit is, if those issues become real, the neighbors have a problem with it and staff observes it and is able to document it, a special use permit comes back for Council review and it only works as long as it works. A special use permit really is a contract, and there are stipulations that need to be complied with. There have been very few times in history where the City has had to revoke a special use permit for an owner’s inability to comply. Councilmember Bolkcom stated this is not a grocery store. It is not like someone is going to suddenly come there. They have a little more latitude and it might make sense to put it in as a stipulation. They had some issues on Main Street where people were coming down other streets, and the City actually worked with some of those businesses. This is a place of worship and is also a university. There could be a stipulation put in place, and obviously, the petitioner can FRIDLEY CITY COUNCIL MEETING OF MARCH 11, 2013 PAGE 7 respond to that. They will probably be having the same worshippers coming to this facility over and over. Councilmember Varichak stated she has a hard time with it being a church and it comes off the tax roll. Real estate properties are now moving better, and she would really not like to see it come off the tax roll. There are other businesses that might step forward and might want to use that facility as a use where the City would receive property taxes from it. Mr. Hickok replied, she does need to be very careful, as it is related to religious activity and there are RLUIPA laws relative to religious institutions wanting to locate in an area. That in and of itself would not be a reason for her to deny this. If they are interested and meet the demands of the building (are able to buy the building, etc.), it really is not a lot different from the assembly hall that was here. An assembly hall and a church are so similar that by use alone it does not disqualify them. Samer Alamy , Islamic University of Minnesota, stated the Islamic University of Minnesota is currently located at the Islamic Culture Community Center in Northeast Minneapolis, on Central th and 26 Avenues. They occupy the third floor. They have the classrooms and offices in there and they share the prayer area on the main floor. They have always had the parking issue there also. The prayer is flexible. They have two shifts, 12:00 p.m. and 1:00 p.m. Usually the prayer service for Friday, the main prayer, is about 35 minutes, so there is a gap for people to leave the parking lot. Most of the prayer halls in the Twin Cities have two services because of the crowd. They do not see parking as an issue at the beginning; however, if it becomes an issue, they definitely will look into that, because one of the stipulations is no parking out of the parking lot. No off-street parking. They usually have people directing people in and out. Very few people know of the back road access at this time. Where parking has been an issue in the past, they have put up posters and maps with routing. He suggests instead of putting a stipulation in as far as not using the other roads is to wait and see if it becomes a problem. Councilmember Varichak stated that would be hard to determine, because Mr. Alamy may not think of it as a problem. Mr. Alamy stated he understands. That is just his personal suggestion. As far as the reason the classes are on Friday, Saturday, and Sunday, most of the students who are on campus are working full-time during the week. Councilmember Bolkcom asked what the hours are for the classes. Mr. Alamy replied, between 6:00 p.m. and 9:00 p.m. on Friday. He believes the classes on Saturday and Sunday start at 11:00 a.m. and end at 6:00 p.m. They will also have offices there. The office workers, such as the dean and receptionist, would be there during the week during normal working hours. Councilmember Bolkcom stated going back to the worship times. She was okay with one time people going in and out. However, is the petitioner is saying they might have to divide it up depending on the number of worshippers? FRIDLEY CITY COUNCIL MEETING OF MARCH 11, 2013 PAGE 8 Mr. Alamy replied, they already do it at multiple other facilities. Councilmember Bolkcom stated that is just added traffic if you have two different worship services. She can just imagine with all those people leaving and others coming in, it does become a bigger traffic safety issue. Mr. Alamy stated the suggestion for the two worship times is only if traffic and parking becomes an issue. Councilmember Bolkcom asked, right now they are only anticipating just one time. Mr. Alamy replied, correct. Councilmember Bolkcom asked if the worshippers are the same, could they put something in their bulletin saying, “This is the preferred traffic route” and ask them not to go through the neighborhood, because after all they want to exist and want to be good neighbors. Mr. Alamy replied, yes. The congregation is actually almost the same. They do have posters throughout the building already. Councilmember Bolkcom stated he could actually put something out to the congregation that there is a concern from the neighborhood about safety and the preferred route is to come down Central and not through the neighborhood. That is something that could happen? Mr. Alamy replied, that is correct. Councilmember Bolkcom asked is there any expansion room for parking spaces on the subject property now. Mr. Hickok replied, it is pretty well built right now in terms of parking spaces. Another option if they find they need more is to perhaps look into parking at the office building. They could possibly enter into some sort of a crossover agreement. That would have to happen first of course. Councilmember Bolkcom asked the petitioner if he anticipates going over 300. Do they normally see two or three people in a car together because of the distance they are coming? It seems that everyone nowadays is driving their own vehicle. She is concerned it is going to go out into the neighborhood. Mr. Alamy replied that is one of the stipulations. That is not going to happen, because it is not allowed. This will be made very clear. If this congregation goes beyond the limits of the building, just like they grew out of the building they are in now, they are just going to have to find another spot. FRIDLEY CITY COUNCIL MEETING OF MARCH 11, 2013 PAGE 9 Councilmember Bolkcom asked Mr. Hickok to explain more about the differences between an assembly “A” and assembly “B” related to the Code, the parking spaces, etc. Mr. Hickok replied that is related to occupancy. The land use part relative to the size of the building and its relationship to the parking is a planning thing. The occupancy of the building has to do with things like exiting, the function of the building, the structure and the sprinkling, etc. The most restrictive would be an “A” type building; and this is an “A” type building. The building is more than adequate to serve the needs of the demands that will be placed on it. The one thing the petitioner has to do is keep cognizant of the fact there is occupancy regulations for certain areas. There is a posting for this room, for example, and in the conference room showing how many people can be in there. Councilmember Bolkcom asked Mr. Hickok, he is saying though the land use does not relate to the number of parking spaces. Meaning it is going to be a prayer hall and a university. It is more related to the parking space? Mr. Hickok replied, not exactly. There is a crossover there between the building codes and what it requires for assembly. However, the relationship between the size of the building and the number of parking stalls is purely a planning thing. The building code does really address how many parking spaces there are relative to this space. That really is more of a land use and planning regulation. When you are talking about occupancy of a building, that is all going to need to be measured and is going to have to be met in terms of the building code. As mentioned in the staff report, they are not doing any modifications to the exterior of the building, but there will be some to the interior of the building. Therefore, that will need to meet all of the building permit requirements. Councilmember Bolkcom asked when it was the Knights of Columbus, was the parking space adequate? Mr. Hickok replied no. They were spilling out onto the street and not doing what was required. Apparently it was not that often or the City would have heard and would have been regulating that and correcting that. Councilmember Bolkcom stated but that was not on a regular basis. Councilmember Bolkcom asked Mr. Hickok, would the subject property qualify for rezoning? Also, was anything mentioned about any type of rezoning in the 2030 Comprehensive Plan? Mr. Hickok replied, in and of itself the property could not qualify for rezoning. You would not want to spot zone just that property. It is one spot down from the intersection. As to the land use planning, Council makes the ultimate decision in the land use planning decisions in the Comprehensive Plan; however, building another commercial node along a linear corridor like that goes backwards. It was evaluated but was not recommended. Councilmember Bolkcom asked if there is any way they could be more filtered from the neighborhood by maybe doing more landscaping or would that take away more parking spots? FRIDLEY CITY COUNCIL MEETING OF MARCH 11, 2013 PAGE 10 Mr. Hickok replied, the building and parking, etc., meet the code requirements. It met all the setback requirements and landscaping of the time. In the City’s code, if they are going to add over three parking spaces, it has an impact on landscaping. They are not going to add more. They do not need to address additional landscaping. If the City were to suggest something, he is not sure what effectively could be done. Mayor Lund asked, in MnDOT’s impending redo of Highway 65, is there any discussion of closure of the intersection just north of this site. th James Kosluchar , Director of Public Works, replied, he is talking about 68 Avenue and Trunk Highway 65 and indeed they are reviewing and the possibility of having the median closed. Mayor Lund stated that would make that a right in, right out. Mr. Kosluchar replied, that is correct. Mayor Lund stated even if they were not doing that closure of the median, it further reduces the accessibility in and out of that. He is a little cautious here in thinking you have a lot of people leaving after a service, 100 cars or more. They are going to be in an uncontrolled intersection. Most safety and traffic moving experts would say they should be going south through the neighborhood to get to the stoplight on Mississippi and Highway 65 where it is controlled. He is not encouraging them to move through those couple of blocks of residential, but they all have to learn to be neighborly. He would expect if this happens, the Islamic University would be considerate of the neighborhood, maintaining the speed limit, etc. We all have to get along. This is a fully-developed community. They would like to see it as a taxable property; however, he understands there are very clear laws about churches and schools and this does meet the zoning. Councilmember Bolkcom asked are they doing a disservice to the neighborhood by approving a special use permit if that truly does happen with MnDOT. They are directing a bunch of traffic through a neighborhood that has not had that amount of traffic. She asked Mr. Kosluchar whether there is a pretty good possibility that would happen. Mr. Kosluchar replied, he cannot speak for MnDOT, but he knows they have done some accidents, crash and safety analysis, and it does raise the level of concern to the point where they are looking at this. Mayor Lund stated he does think this is a reasonable use of the property. To most people, there should be an expectation there is going to be a reasonable use of that facility at some point in time. A grocery store would not be a good use. He does not think a restaurant would want to go in there frankly because of the accessibility issues. Certainly, they could say, no, but he thinks this is a reasonable use and they can still use the right in and right out if they close that intersection. That is a safety move. His old neighborhood has one ingress and egress and it comes off that frontage road by Columbia Arena when it was in operation. There was an FRIDLEY CITY COUNCIL MEETING OF MARCH 11, 2013 PAGE 11 onslaught of people coming and going in a very quick period of time. There was some inconvenience. Councilmember Bolkcom asked but what was there first, his house or the arena. It is a different story if your house was there first. Councilmember Saefke stated he has no objection whatsoever. He is concerned about the traffic flow in and out of there. As long as the potential purchaser of the property is fully aware of the fact MnDOT may close off that center median and there may be only right in/right out access to the worship area and school, it is up to the buyer. It is up to the petitioner whether they can live with that type of traffic flow. It is a perfectly good use of that property. He is fully cognizant of the statutes regarding religious and non-profit purchases. Mr. Alamy stated, they were not aware of MnDOT was closing the median off. Councilmember Bolkcom stated granted, they have to have a reason to deny a special use permit but they have to think of traffic control and safety issues for the people who live there. Mr. Hickok stated there is a building that exists right now that is in very good shape. It is in too good of shape to consider purchasing for demolition. It is a building that had an assembly use there before, and it had parking there that accommodates quite an assembly use. If you take this use out of it completely, whether they are talking about this use or some other school or some other sort of fellowship hall that wants to have it, the building is set up for this. It is set up to accommodate an assembly. It is set up with a number of parking spaces to give you an opportunity to have quite a large assembly. And whether it is this use or whether a school of another use or another fraternal organization, they are going to deal with the future closing of the roadway, traffic going through the neighborhood and having to instruct their people. Therefore, it is really not about this use, it is about a building that is going to be there. He can assure them it is too expensive to buy and tear down and put another use on there. It is going to be an assembly hall and people will be coming to it, and it will be a matter of people directing people to get there the right way. MOTION by Councilmember Varichak to adopt Resolution No. 2013-18 with the following four stipulations: 1.The petitioner to obtain all necessary permits prior to interior alteration of the building. 2.The petitioner to meet all building, fire, and ADA code requirements. 3.If on-site parking becomes inadequate and the use requires on-street parking, the Petitioner shall appear before the City Council for further review and potential amendment of the stipulations for the special use permit. 4.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 extension. FRIDLEY CITY COUNCIL MEETING OF MARCH 11, 2013 PAGE 12 Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. Resolution Approving Special Use Permit Request, SP #13-03, for the Pet Vet, on Behalf of Barna Holding Company LLC, the Property Owner, Generally Located at 7500 University Avenue NE (Ward 3). Mr. Hickok stated petitioner is seeking a special use permit to allow a veterinary clinic within a portion of a building located at 7500 University Avenue NE. Petitioner plans to relocate his business in the building at 7420 University Avenue NE to the subject property to gain additional space. They would like to use tenant space, “Bay C”, in the building. It is a 3,200 square foot space inside. The business provides preventative health care, examinations, and treatment to its patients. To the left of Bay C is the post office. Mr. Hickok stated City Code does allow animal clinics in the C-2, General Business, district with a special use permit. Based on the square footage of the building, the petitioner will be leasing the space that also comes with 13 parking stalls. There are 64 parking stalls on the site; therefore, it provides more than adequate parking not only for this use but future uses. Mr. Hickok stated with any type of animal facility, there may be questions and concerns regarding noise and odor. The City does have an animal control ordinance which defines at which point animal noise becomes a nuisance, and the City can also address odors and property maintenance complaints through its zoning code requirements and enforcement practices. It is incumbent upon of a veterinary facility like this to have space for the pets outdoors and to keep that area neat and clean. Mr. Hickok stated the Planning Commission discussed this at their February 20 meeting and unanimously recommended approval of this special use permit subject to seven stipulations. Councilmember Bolkcom asked if there would be green space or something else. Mr. Hickok pointed out on the map the location of a 900-square foot dog walk area. They are taking out a few additional parking stalls in order to give enough green space. They are very specific that the area around the mailboxes is not the pet walking area. It needs to be some other area, and it was deemed appropriate to create their pet space in the corner, and it needs to be kept neat and tidy by the veterinary clinic. Councilmember Bolkcom asked if she had a dog and brought it to the clinic and the dog had to relieve himself, would she run the dog outside because there is no place inside. Mr. Hickok stated you would probably want to walk your dog back there before going inside the building, because otherwise accidents can occur. There will be directional information which they talked about with the petitioner so people know there is a dog area they can go to. FRIDLEY CITY COUNCIL MEETING OF MARCH 11, 2013 PAGE 13 Mayor Lund asked the petitioner what is going to happen with the facility they are moving out of? Alan Hamel , Integrated Real Estate Services, stated he is working with the property owner. Dr. Hofmeister would have to address what is happening with the current building. However, with this particularly building they only have one issue and that is the dog walking area. It seems trying to maintain a sod area there and dogs walking there are not things that would be compatible. They would like to try and find a different material to use. Councilmember Bolkcom said but part of the issue is there is no green space here. Mayor Lund stated the sod and green space are not going to stay green very long with multiple uses of that smaller area. The stipulation does state, installation of sod or agreed upon material. Mr. Hickok stated they discussed it and thought there may be alternative. It does not add enough in terms of green space and you do not see it from any other advantage point other than when you are out standing on it. If there is a way to keep it more sanitary, that would be the favored option. Something that works well, it cleans, and it does not become an issue for neighbors or anyone else. Mayor Lund asked about pea gravel. Mr. Hamel replied, they are expecting they would be leaving the material underneath and building up an area of gravel, etc. over it. Mayor Lund stated the material sitting on the impervious surface would have to be removed at some point in time. Mr. Hamel replied, when he goes to his vet they have a little piece of grass and that is used by everybody, and he knows it does not work with keeping up the grass. Councilmember Bolkcom asked whether there would be a little receptacle there with bags to clean up the area. Mr. Hickok replied, it should not be an issue because all of the other nuisance features about this would apply. He recommends having the post with the bags and container to put it in. MOTION by Councilmember Bolkcom to adopt Resolution No. 2013-19 with the following stipulations: 1.The petitioner shall obtain a building permit prior to interior modifications if required by the Minnesota State Building code. 2.The petitioner shall comply with Minnesota State Building code requirements. 3.The petitioner shall obtain a sign permit prior to installation of any new signage. 4.The ventilation system needs to be designed so that no odors or organisms will spread between wards or to the outside air. FRIDLEY CITY COUNCIL MEETING OF MARCH 11, 2013 PAGE 14 5.There shall be no outside pens or holding areas for the animals. 6.Dog walk area shall be constructed with curb and installation of sod within 6 months of issuance of this special use permit. This area shall be maintained regularly. 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 of if the Petitioner has not petitioned the City Council for an extension. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. Resolution Approving a Two-Month Extension on Plat, PS #1201, for Bill Fogerty, Owner of Columbia Arena, Located at 7011 University Avenue NE (Ward 1). Mr. Hickok stated City Code requires that a final plat come back within a six-month period from the time of the approval of the preliminary plat. This has been processed. In fact the mylars did come back with the expectation that it would be on tonight’s agenda. The one piece the petitioner did not realize is that the signatures needed to be on the mylars. They would not have needed this extension but for that, and they are out now getting the signatures and are asking for an extension. They would like to be back by the Council’s next meeting. Councilmember Saefke stated seeing as far as they have progressed already, he does not see a problem with this. Councilmember Varichak pointed out a correction on page 57, in the background, it states the City received the preliminary plat approval from the City Council on December 10, 2013, instead of 2012. Councilmember Bolkcom asked, when did they actually submit it to the County? Mr. Hickok asked her whether she meant the first time around? The plat gets submitted several times to the County. The most recent batch was only a week to ten days ago that it was brought in without the signatures and that means it goes back to the County. The County does take one last opportunity to review the math on all the angles and everything else and make sure it matches exactly to what the preliminary plat was and identifies any last minute changes that might have occurred. Then it comes back to the City with the County’s signature on it. MOTION by Councilmember Saefke to adopt Resolution No. 2013-20. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF MARCH 11, 2013 PAGE 15 11. Approving Agreement for the 2013 Residential Recycling Program between the City of Fridley and the County of Anoka. Kay Qualley , Environmental Planner, stated there are some differences in the program between last year and this year; however, the base SCORE amount is very similar to last year which was approved by the Council. The amount this year is $65,935. There are amounts included which are new programs introduced by Anoka County as a result of input from the County Recycling Coordinators Board which she has been a participant of. They set it on discussions last fall which she thinks will be very helpful for the City. Ms. Qualley stated the base SCORE amount includes fees paid for the City’s curbside single sort recycling program which are at 16-18 percent. There could be more improvement done but, people are still continuing to call for larger size containers, too. Also the base SCORE amount does subsidize and pay for the City’s drop-off events. This year’s schedule is for April 13 and October 12. Ms. Qualley stated they do have a new vendor this year after going out on an RFP for the provider for this event. Jobs Foundation was the successful RFP respondent. Also, new this year are items like paper for shredding, fabric, furniture, and carpentry which all can be used for tonnage and will be included in the event. This should generate some new and additional interest within the community and also provide an outlet to avoid placing these things in a landfill. Ms. Qualley stated they will be trying to institute a new partner recycling program. They will be developing new pieces and work with some of the apartment owners and perhaps do something on site. It could be something as crazy as a tent with an ice cream social on one of the larger sites to try and create an awareness of recycling. The City will be able to do that within that existing budget. Ms. Qualley stated the new funding opportunity includes $6,000 for park recycling labor and $6,000 for special events recycling like ball tournaments and ‘49er Days. Also, $2,000 out of potential other school grant funds could be used towards augmenting one of these two programs. That augmentation for the new park recycling companion bins was provided by Anoka County last fall. Mr. Kosluchar is kindly having his staff store them at the Public Works garage at this time until they can be distributed for special events and for the parks. Ms. Qualley stated the recycling goal for next year is 2,506 tons which is a significant increase over what the City was able to achieve last year. Staff is requesting $79,935. Councilmember Saefke asked if they have thought about where they will go when they cannot use the Columbia Arena site for the drop-off events. Ms. Qualley stated the frontage road and the number of cars that do make use of the City’s twice a year drop-off event is certainly a concern. As they go forward in the future and that site develops at Columbia Arena, they may need to rethink how many times a year they have the event. They are talking to Anoka County about maybe having a recycling center located in the south part of the County that serves a couple of communities. FRIDLEY CITY COUNCIL MEETING OF MARCH 11, 2013 PAGE 16 Councilmember Bolkcom asked if she meant to divide it up. Where certain neighborhoods would have one day? Ms. Qualley stated or possibly run the event more frequently. She is speculating at this point, but that is the direction the County is suggesting that some communities go. Councilmember Saefke said his thought was using Locke Park’s facility, as there is quite a lengthy driveway and there is an in and out. Councilmember Bolkcom asked whether there would be a cost to drop off those additional materials, such as the carpet? Will the furniture be used by Bridging or something similar? Ms. Qualley replied, yes, the City will pay fees for the paper shredding vendor. However, the Salvation Army is the recipient of the furniture and fibers (fabric). The carpet vendor is a small charge. However, those three categories would be covered through the ordinary funding allocation. Therefore, the City would be offering them at no charge to Fridley residents and a modest charge for appliances and electronics. Councilmember Bolkcom asked what is the Jobs Foundation. Ms. Qualley replied, it is a non-profit that works toward providing jobs with a living wage for workers. It is a training-type of organization. They have a fundraising arm called, “Tech Dump” which is qualified and came with excellent references which she checked. They would be the ones working with the City through some social media promotion, and she has been very favorably impressed with the organization and ideas for improving the event and also for their cost-effective ideas. Councilmember Bolkcom asked if they have worked with other cities? Mr. Qualley replied, yes, the City of St. Louis Park and Brooklyn Park were two of their references. Councilmember Varichak asked if someone wanted a larger container, would they call Community Development? Mr. Qualley replied, they can call the Environmental Planning number under Community Development or call Allied Republic directly. There is not a fee for upsizing a recycling container. Councilmember Saefke said there was some resistance from residents regarding single sort recycling. He asked if they had received any more negative responses. Mr. Qualley replied, no, they have not. There have been a couple of people who have opted out saying their households are too small to really generate much. That was only very early on in the program. They actually had a phone call last week from a resident who actually called to compliment the recycling driver. FRIDLEY CITY COUNCIL MEETING OF MARCH 11, 2013 PAGE 17 MOTION by Councilmember Saefke to approve the Agreement for the 2013 Residential Recycling Program between the City of Fridley and the County of Anoka. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Receive Bids and Award Contract for the 2013 Miscellaneous Concrete Project No. 429. Jim Kosluchar, Public Works Director, stated this is annual project the City lets for concrete repair. It includes work-related concrete curb and gutter repair and replacement, sidewalk repair, driveway, and repair of manhole adjustments. Mr. Kosluchar stated this project is funded by various maintenance divisions within Public Works, and they opened bids on March 5 at 10 a.m. Two bids were received. The low bid was received by Ron Kassa Construction, Inc., of Elko, Minnesota, in the amount of $45,385. (The memo incorrectly states the amount of $43,385.) The low bidder, Ron Kassa Construction, has been awarded this contract several times in recent years and performed to the City’s satisfaction. Although the bid is about 5 ½ percent above the estimate for 2013, they will control quantities to ensure no budget overrun. Mr. Kosluchar stated staff is recommends Council receive the bids and award the contract for the 2013 Miscellaneous Repair Project No. 429 to Ron Kassa Construction, Inc., of Elko, Minnesota, in the amount of $45,385. Mr. Kosluchar stated staff has never had to come in with a change order for an overage. They have always stayed under contract. MOTION by Councilmember Bolkcom to receive the bids and award the contract for the 2013 Miscellaneous Concrete Project No. 429 to Ron Kassa Construction, Inc. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. Receive Bids and Award 2013 Cooperative Street Maintenance Contract, Project No. ST 2013-10. Mr. Kosluchar stated this is another contract the City annually lets which is actually part of a joint powers agreement for multiple cities. They have done this since 2005, participating in a cooperative contract with the City of Coon Rapids who administers the contract which includes the cities of Andover, Anoka, Brooklyn Center, Columbia Heights, East Bethel, Fridley, Ham Lake, and Mahtomedi. FRIDLEY CITY COUNCIL MEETING OF MARCH 11, 2013 PAGE 18 Mr. Kosluchar stated bids for this annual project were opened on March 1, 2013, by the City of Coon Rapids. A big piece of the contract for Fridley is sealcoating which is a common preventative maintenance activity. The primary reason to sealcoat asphalt is to protect the street from deteriorating. Mr. Kosluchar stated the area covered is from Highway 47 to Highway 65, Zone 4, which is in the central area of the community around Rice Creek. The total mileage on this area for the sealcoating is 9.4+ miles. Mr. Kosluchar stated the City’s budget for sealcoating in 2013 is $218,343, which is paid out of the Street Reserves fund. The work was estimated at $218,343. The low bid by Pearson Brothers was in the amount of $203,923.62. Mr. Kosluchar stated street sweeping is another item they typically bid under this contract. The City bids hours of street sweeping activity. It is mainly performed in the spring. The City contacts the contractor when there is the most intense work. The budget for the contract in 2013 is $17,000 and is paid out of the Street Division Operating budget. The work is estimated at $16,000 and two bids were received. The low bid was received by Pearson Brothers in the amount of $16,569. Mr. Kosluchar stated they also bid traffic markings as part of this JPA which is for linear traffic markings, basically centerline striping, along with turn lane markings, crosswalks, etc. This is the most economical, as the City does not have to do the centerline striping itself. The budget for contract traffic marking this year is $6,000 which is paid from the Street Division Operating budget. The work was estimated at $5,900. They did receive a bid from AAA Striping in the amount of $5,719. Mr. Kosluchar stated the final item is a new item this year, crack sealing. Because of the large amount of recent paving, the City’s crews have fallen behind particularly in regard to the 2010 paving. The work was estimated at $10,000. Three bids were received; and the lowest was provided by American Pavement Solutions in the amount of $8,820. This will be funded from a street maintenance allocation from the 2013 Street Division budget. Mr. Kosluchar stated these contractors have all performed under a JPA street maintenance contract in the past. They have all had awards under this JPA. Maintenance projects for the City of Fridley have worked with them all with the exception of American Pavement Solutions. Mr. Kosluchar stated the City of Coon Rapids will award the work and is requesting the City of Fridley’s recommendation regarding award of the Fridley portion of the work. Staff recommends the City Council review the bids and move to approve staff’s recommendation that the City of Coon Rapids award the Fridley portion of the 2013 JPA Street Maintenance contract to the respective low bidders. MOTION by Councilmember Bolkcom to Receive Bids and Award 2013 Cooperative Street Maintenance Contract, Project No. ST 2013-10. Seconded by Councilmember Varichak. FRIDLEY CITY COUNCIL MEETING OF MARCH 11, 2013 PAGE 19 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. Informal Status Report. Mr. Kosluchar stated regarding the I-694 project, the plan for construction is that it will begin in June and finish around the end of September. The project is from Highway 100 to 35W. The designs include diamond grinding under the surface I-694, east of Highway 65. As he understands it, I-694 will be down to one lane at night and there will be one lane closed during the day in each direction. Councilmember Bolkcom asked how can someone find out about the project? Mr. Kosluchar replied, there is a link on the front page of the City’s website which can direct people to MnDOT and they can subscribe to alerts relating to the project and announcements. Mr. Kosluchar stated for the other MnDOT-related projects coming up, there is an open house on April 9 at the Fridley Community Center from 4:30 p.m. to 6:30 p.m. regarding the 2014 rd Trunk Highway 65 resurfacing from 53 Avenue to Highway 10. The meeting will address th concerns regarding a couple of median closures, and it is important people residing on 68 Avenue and on Fireside Drive. The City has been working with MnDOT to get the word out to the affected parties. ADJOURN: MOTION by Councilmember Varichak, seconded by Councilmember Saefke, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAMIMOUSLY, AND THE MEETING WAS ADJOURNED AT 9:27 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor