CCM 10/27/2014
CITY COUNCIL MEETING
CITY OF FRIDLEY
OCTOBER 27, 2014
The City council meeting for the City of Fridley was called to order by Mayor Lund at 7:05 p.m.
ROLL CALL:
MEMBERS PRESENT:
Mayor Lund
Councilmember Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT:
Wally Wysopal, City Manager
Darcy Erickson, City Attorney
Scott Hickok, Community Development Director
Darin Nelson, Finance Director
James Kosluchar, Public Works Director
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of October 13, 2014.
APPROVED.
NEW BUSINESS:
1. Approve Release of Development Agreements for Faulkner Development for 6352
Central Avenue and 1271 East Moore Lake Drive (Ward 2).
APPROVED.
2.Approve Permanent Utility and Access Easement Agreement between the City of
Fridley and ZCOF TL Fridley LLC, for the Tri-Land Fridley Market Site Located at
the Northwest Corner of I-694 and University Avenue (TH47) (Ward 3).
APPROVED.
3.Resolution Certifying Certain Delinquent Utility Services to the County for Collection
with the 2015 Property Taxes.
ADOPTED RESOLUTION NO. 2014-76.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 2014 PAGE 2
4.Resolution Adopting Assessment for 2014 Utility Lateral Repair Project.
APPROVED RESOLUTION NO. 2014-77.
5.Resolution Authorizing Signing an Employment Agreement between Certain
Employees Represented by Local No. 1986.
APPROVED RESOLUTION NO. 2014-78.
6.Resolution Designating Time and Number of Council Meetings for 2015.
APPROVED RESOLUTION NO. 2014-79.
7.Approve the 2015 Development Review Schedule for the Planning Commission and the
Appeals Commission.
APPROVED.
8.Claims (1410-ACH PCard; 165768-165941).
APPROVED.
9.Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
APPROVAL OF 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.
OPEN FORUM:
No one from the audience spoke.
ADOPTION OF AGENDA:
MOTION
by Councilmember Bolkcom to adopt the agenda. Seconded by Councilmember
Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 2014 PAGE 3
PUBLIC HEARINGS:
10.Consideration of a Rezoning Request, ZOA #13-02, by the City of Fridley, to Consider
Rezoning Property, Legally Described as Auditor’s Subdivision 39, from C-2, General
Business, to M-2, Heavy Industrial, Generally Located at 3720 East River Road N.E.
(Ward 3) (Continued July 14, 2014).
MOTION
by Councilmember Bolkcom to open the public hearing. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING OPENED AT
7:05 P.M.
Scott Hickok,
Community Development Director, noted there was a public hearing on this item
in December, 2013. At that time, there was discussion about the rezoning and interest on the part
of a developer to keep the zoning commercial to better market the site. The City’s interest was
to change the zoning to industrial like the surrounding properties. The owner of the property has
found a user for the site, a funeral home operator, and has negotiated terms. A decision needs to
be made regarding the zoning request. Staff recommends continuing the public hearing until
December 22 so the funeral home has the building permit application complete. The bank is
interested in having this business concluded by the end of this year. Staff is confident this
extension will take care of itself within this timeframe.
Councilmember Bolkcom
asked if the bank is comfortable with the date.
Jay Larson
representing Prime Security Bank and bank owner of the property replied yes. They
have approved the purchase order and are meeting with the borrower weekly. Right now they
are waiting for an updated construction statement and appraisal. He is confident this will be
closed by mid-December--no later than the end of the year.
MOTION
by Councilmember Bolkcom to continue the public hearing until December 22, 2014.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING WAS
CONTINUED UNTIL DECEMBER 22, 2014.
11.Consideration of the Proposed Assessment for the 2014 Nuisance Abatement
MOTION
by Councilmember Bolkcom to open the public hearing. Seconded by
Councilmember Saefke
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:10 P.M.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 2014 PAGE 4
Darin Nelson,
Finance Director, stated this is the annual assessment for those properties in
which continuing code violations existed where the City expended resources to bring the
properties into compliance. A total of 31 properties are involved in this assessment. The total
amount of the assessment is $22,554.39. The assessment will be for one year at 6 ½ percent
interest. Staff has not received any correspondence contesting the proposed assessment.
Mr. Nelson
said a deferral option for retired or disabled property owners is available for
homestead properties.
Mr. Nelson
said staff recommends the public hearing be opened for public comment.
Councilmember Bolkcom
noted in the agenda packet there were 32 pin numbers and in
assessment there are 31. She asked if one was paid.
Mr. Nelson
replied one had been paid.
Councilmember Bolkcom
asked if the property owners would be getting a letter.
Mr. Nelson
replied yes, property owners will have until November 27, 2014, to pay for the
assessment with no interest.
Councilmember Bolkcom
asked if the penalty would still be applied.
Mr. Nelson
answered yes.
MOTION
by Councilmember Saefke to close the public hearing. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING CLOSED AT
7:13 P.M.
NEW BUSINESS:
12.Resolution Adopting Assessment for 2014 Nuisance Abatement.
MOTION
by Councilmember Saefke to adopt Resolution No. 2014-80. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
13.Approve Agreement between the City of Fridley and EDS Builders, Inc., to Provide
Construction Manager Services for the Springbrook Nature Center Project (Ward 3).
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 2014 PAGE 5
Jack Kirk
, Director of Parks and Recreation, stated that hiring a Construction Manager is the
first step in moving forward into the design and construction project. A construction manager
will serve as an onsite representative and will reduce the overall cost of the project. The
construction manager will be the key ingredient in the communications area and would be the
central communication point, providing timely information to those associated with the
construction process. The construction manager will provide leadership guidance as the project
moves through various phases. Having one right from the start will help keep the project on time
and on budget.
Mr. Kirk
said the construction manager will provide the pre-design submittal to state legislative
bodies as a requirement for the state bonding grant, get information for the architect engineers,
help select design professionals, work closely with the local design team, staff and Park &
Recreation commission members, put together final specs for bid documents, help with the
selection of contractors, oversee construction quality, assist with reporting and paperwork, and
follow up with walkthrough, making sure everything is working properly.
Mr. Kirk
said he heard good things about EDS Builders. They have extensive experience
working with other cities in our area. The references they provided have been outstanding. EDS
Builders has been recognized for their work with numerous awards. He and the City Manager
have met with the owner numerous times and agree this is a good fit for this project. The owner
of the company will be the onsite construction manager. This position would be paid with grant
funds, not with funds from the City of Fridley. Staff recommends approval of the agreement
with EDS Builders for construction management for the Springbrook Nature Center Project.
Mayor Lund
noted that the memorandum talks about an industry standard of 5% estimated cost
not to exceed $350,000. He said he only sees an amount of $90,000.
Mr. Kirk
replied that is a monthly cost, with a 13-month maximum that may end up outset in
terms of the construction period, so the amount could be less.
Councilmember Bolkcom
noted that the memorandum mentions $7.1M but $5.0M is in a state
grant. Would the construction manager be part of the other $2.1M?
Wally Wysopal
, City Manager, replied yes; additional funds coming from the Foundation would
pay for that cost. This agreement is based on the $7.1M, and the construction manager fee could
be reduced. If the project ends up only being $4-5M and only 10-11 months, the construction
manager’s fee would be reduced accordingly.
Councilmember Bolkcom
said the City would not be responsible to pay any of the construction
manager’s cost beyond the $5.0M.
Wally Wysopal
answered correct.
Councilmember Bolkcom
said Council is committing to the $5.0M project with a possibility of
another $2.1M.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 2014 PAGE 6
Wally Wysopal
replied correct.
Mr. Kirk
said the $7.1M is included in the construction manager fee and the design is to be paid
with the state bonding money or additional funds from the Springbrook Nature Center
Foundation, not to be supported with City funds.
Councilmember Bolkcom
asked if the plan is that the funds will be paid out by the City and
reimbursed by the state grant.
Mr. Kirk
replied that is correct.
Mr. Kirk
said during the next six months, there will be a lot of work on the design end. The
task will then be to bring in the architect and engineering. The goal is to get documents
completed by the end of next spring to proceed with the bidding.
MOTION
by Councilmember Bolkcom to approve the Agreement between the City of Fridley
and EDS Builders, Inc., to provide Construction Manager Services for the Springbrook Nature
Center Project. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
14.Approve Lot Reservation Agreement between the City of Fridley and Twin Cities
Habitat for Humanity, Inc., and the Related Sale of the Property Generally Located
nd
at 52 Avenue and Taylor Street N.E. (Ward 1).
Scott Hickok
, Community Development Director, stated the public hearing was held last year
for the sale of this property. This property once served as a driveway to the South Fridley
Apartments. The best use going forward would be to sell the property and put it to good use as a
single family lot. The HRA has helped staff, and there is an offer on the property for the asking
price. The property would be owned by Habitat for Humanity. This is to let Council know the
sale will be moving forward. The Mayor and City Clerk will sign off on the documents when the
sale occurs. A very nice walk-out rambler will be constructed on this lot, and it will blend in
nicely with the rest of the neighborhood.
Mike Nelson,
Habitat for Humanity, said he has been working with staff on this opportunity and
was available to answer any questions from Council. The plan is to enter into an agreement in
the next 60 days and get in early next spring to construct a home and have a family in the home
the later part of next year. The design of the home will fit into the rest of the neighborhood. The
home will be built with high standards and be very energy efficient.
Councilmember Bolkcom
asked if the square footage was 1,255 square feet.
Mr. Hickok
noted it should be 2,255 square feet.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 2014 PAGE 7
MOTION
by Councilmember Saefke to approve the Lot Reservation Agreement between the
City of Fridley and Twin Cities Habitat for Humanity, Inc., and the Related Sale of the Property
nd
Generally Located at 52 Avenue and Taylor Street N.E. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
15.Informational Status Reports.
Councilmember Bolkcom
said there is a Springbrook Creek maintenance meeting tomorrow
night at the Springbrook Nature Center at 6:00 p.m. The 2015 Street Construction Project
Summit Manor meeting is Wednesday from 5:30 to 7 p.m. at City Hall. Pumpkin Night in the
Park was a huge success with over 4,600 attendees. Thank you to all the volunteers.
Scott Hickok
stated on November 5 from 6:00 to 7:30 p.m. there will be an open house at
Stephenson Elementary Cafeteria for the TOD program staff is working on. Everyone is invited
to attend. This will be considered for Council approval in December.
Wally Wysopal
, City Manager, said those interested in voting via absentee ballot can do so at
City Hall. City Hall will be open Saturday from 10 a.m. to 3 p.m., and Monday until 5pm. He
encouraged anyone at this time to bring their ballot to City Hall versus the mail.
Mayor Lund
stated this Saturday at Bob’s Produce is the kick-off for the annual roof-raiser
fundraiser from 2 to 5 p.m. He is asking for donations to keep him off the roof this year. His
goal is to raise $5,000. Last year, he was fortunate to exceed that amount. This fundraiser is for
the Lee Carlson Center, which does a lot for those in need. Please be generous with your
donation.
Councilmember Bolkcom
welcomed Duluth Trading Company, located next to the Fridley
Liquor Store. She invited people to stop by and see this new store and check out the changes to
the liquor store. She reminded people that sales from the liquor store go back to the City.
ADJOURN:
MOTION
by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE MEETING ADJOURNED AT 7:42 P.M.
Respectfully Submitted,
Krista Peterson Scott J. Lund
Recording Secretary Mayor