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03/28/2005 - 00026784CITY COUNCIL MEETING CITY OF FRIDLEY MARCH 28, 2005 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Billings Councilmember Wolfe Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Julie Jones, Planning Director Jon Haukaas, Public Works Director Rebecca Brazys, Recording Secretary APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: • Administrative Hearing of March 14, 2005. APPROVED • City Council Meeting of March 14, 2005. APPROVED OLD BUSINESS: 1. Second reading of an ordinance changing the street name of Rainer Pass to Rainier Pass. WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1202 ON SECOND READING. FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 2 NEW BUSINESS: 2. Resolution Restricting Parking and Authorizing the Posting of "No Parking" Signs on 73rd Avenue (MSAS 307) between Able Street and Central Avenue (CSAH 35). Dr. Burns, City Manager, stated that although the City has always considered 73rd Avenue to be designated for no parking, staff cannot find a Council resolution to this effect for the Able Street to Central Avenue segment of 73rd Avenue. In order to meet the requirements of MnDOT for use of MSAS money, we are requesting that Council officially authorize the restriction of parking on both sides of 73rd Avenue between Able Street and Central Avenue. Staff recommends approval of the resolution. ADOPTED RESOLUTION NO. 2005-17 3. Receive Bids and Award Contract for the 73rd Avenue Improvement Project No. ST. 2005-2. Dr. Burns, City Manager, stated there were seven bids for this mill and overlay project which were opened on March 16, 2005. Staff recommends that Council receive the bids and award the project to the low bidder, Northwest Asphalt, Inc. of Shakopee, Minnesota in the amount of $148,349. RECEIVED BIDS AND AWARDED THE CONTRACT FOR THE T3R� AVENUE IMPROVEMENT PROJECT NO. ST. 2005-2. 4. Receive Bids and Award Contract for the 2005 Miscellaneous Concrete Repair Project No. 359. Dr. Burns, City Manager, stated bids for this project were open on March 9, 2005. Staff recommends the contract be awarded to the low bidder, BCG Construction, Inc. of St. Louis Park, Minnesota, in the amount of $67,616. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 5. Approve Lease Agreement between the City of Fridley and T-Mobile for the Installation of Cellular Antennas on the Commons Park Water Tower. Dr. Burns, City Manager, explained that this agreement provides for a monthly payment of $1,650 for nine antennas assembled in clusters of three. It also allows for an access easement as well as for a 15' x 25' ground equipment platform outside the City's fencing near the southwest parking lot. In the event more than nine antennas are required, the agreement provides for an additional $100 per month for each additional antenna. The term of the agreement is five years with an option to extend the term for four additional five-year periods. The lease payment will be modified each year by the rate of inflation FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 3 subject to a 2% per year minimum increase and a 5% per year maximum increase. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 6. Approve Contract Amendment between the City of Fridley and Xcel Energy for the Collection of Fluorescent/HID Lamps. Dr. Burns, City Manager, stated that Xcel has in past years paid for the recycling of fluorescent and high intensity discharge lamps. This contract provides for the continuation of this service through 2005. Staff recommends Council's approval. APPROVED. 7. Approve 2005 Reappointments to City Commissions. Dr. Burns, City Manager, recommended approval of the reappointments to the City Commissions. APPROVED 8. Appointment — City Employee. Dr. Burns, City Manager, stated staff recommends the appointment of Nathan Behlen to replace Gina Saucedo who recently resigned from the Police Department. He is a Fridley High School graduate and completed his BS Degree in Law Enforcement from Minnesota State University in 2004. Nate was a student intern with the Hopkins Police Department in 2003 and is currently a CSO for the Fridley Police Department. Staff recommends Council's approval. APPROVED. 9. Claims: 120899 — 121031 APPROVED. 10. Licenses. APPROVED AS SUBMITTED AND AS ON FILE. 11. Estimates. APPROVED. FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 4 Councilmember Billings requested that Item 4 be removed to the regular agenda. Councilmember Bolkcom requested that Item 5 be removed to the regular agenda. MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to approve the consent agenda with the removal of Items 4 and 5. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA MOTION by Councilmember Bolkcomb, seconded by Councilmember Barnette, to approve the agenda with the addition of Items 4 and 5. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): Consideration of items not on agenda — 15 minutes There were no comments. NEW BUSINESS: 12. Resolution Supporting an Anoka County Tax Abatement Request by Glimcher Northtown Venture. Mayor Lund explained this was brought to his attention by Anoka County Commissioner Langfeld and has been placed on the agenda for Council to determine whether or not it is appropriate to support Anoka County in this tax abatement proposal for Northtown. Northtown has lost its major tenants. The anchor stores bring in most of the traffic to keep the mall vital. Even though this will not directly affect Fridley, the County Commissioners are asking surrounding communities to support this proposal. This abatement would affect the county tax only and would not affect the school district or the City of Blaine's taxes. Councilmember Barnette asked if the County Commissioners unanimously support this proposal. Mayor Lund stated he heard from only one other Commissioner, but the business policy was adopted unanimously. Councilmember Billings said this would be acted on at the April 12 County Commissioner's meeting Councilmember Barnette asked if there was a down-side to supporting this proposal. FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 5 Councilmember Billings stated based on his conversation with a couple of the Anoka County Commissioners, they have reservations about whether the tax abatement will actually be effective. He then referred to two additional items he would like to see in the resolution. The first would be an additional "whereas" stating that the proposal provide for some benchmarks that should be met. The other issue is that rather than urge the County Board to grant the economic development tax abatement, Council encourage them to take action to retain the economic viability of the Northtown area. By revising the resolution, the Council shows that they are not opposed to taking action to protect the economic integrity of Northtown. They are also sending a message that Council is not trying to dictate to the County Commissioners how they should be running the County. Councilmember Barnette commented he was concerned that approving the resolution as presented may be viewed as an attempt to influence votes. Councilmember Bolkcom stated she would feel more comfortable if there were a County Commissioner present to discuss this matter Dr. Burns stated Commissioner Langfeld was unable to attend the meeting. Councilmember Bolkcom stated that this abatement amounts to $300,000 and she would assume those funds would have to be made up in some way elsewhere in the budget. Mayor Lund stated he assumes the Commissioners are seeking this abatement to keep Northtown from closing which would result in a loss of tax dollars. He does not have any problem supporting this resolution because Northtown is a regional mall and its closing would impact Fridley. MOTION by Councilmember Billings, seconded by Councilmember Barnette, to adopt the resolution. MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to amend the resolution as follows: 1. Adding a"whereas" after the last "whereas" that reads "Whereas, Anoka County's abatement plan calls for significant and stringent benchmarks." 2. Adding to the "now therefore" clause after the word "hereby" the following: "urge the Anoka County Board of Commissioners to take appropriate action to preserve the economic viability of the Northtown area." Councilmember Bolkcom asked if the last part of the sentence of the "now therefore" clause should be stricken. Councilmember Billings agreed. FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 6 Councilmember Bolkcom stated she can support the amended resolution. Councilmember Wolfe agreed. Councilmember Bolkcom asked if any other City has passed this resolution. Mayor Lund said he did not know. Councilmember Billings explained that the cities of Blaine, Spring Lake Park, Coon Rapids and Fridley were given the resolution. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION TO APPROVE THE PROPOSED AMENDMENT CARRIED UNANIMOUSLY. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION TO ADOPT RESOLUTION NO. 2005-18 AS AMENDED CARRIED UNANIMOUSLY. Councilmember Billings requested that the staff indicate in the transmittal letter to the County Board of Commissioners that the City Council is confident the County Board of Commissioners, having all the facts in front of them, will make the decision that is in the best interests of the citizens of Anoka County. Not having all the facts was the primary reason why the City Council amended the resolution. 13. Preliminary Plat Request, PS #05-01, by Roslyn Park Wesleyan Church to Subdivide the Property to Allow the Creation of Two Single Family Lots and a Separate Lot for the Church Property, Generally Located at 5300 Sixth Street NE (Ward 1). 14. Variance Request, VAR #05-04, by Roslyn Park Wesleyan Church to Reduce the Rear Yard Setback from 25 Feet to 9.81 Feet in Order to Recognize an Existing Non-conformity of the Church Building, Generally Located at 5300 Sixth Street NE (Ward 1). 15. Special Use Permit Request, SP #05-01, by Roslyn Park Wesleyan Church, to Allow the Continuation of a Church Use in an R-3, General Multiple Unit Zoning District, Generally Located at 5300 Sixth Street NE (Ward 1). Ms. Jones, City Planner, said the petitioner, Pastor Dale Christiansen, is requesting a replat of the church property. Replatting the property will allow the church to separate and create two single family lots which will be located at 401 - 53rd Avenue and 5315 Fifth Street and create a new lot for the church property. The new lot created for the church property will include 5300 Sixth Street and the vacant lot north of 5315 Fifth Street which will continue to allow access to the alley and could be used for additional parking. This request is a result of the petitioner's plans to relocate their congregation to Spring Lake Park. Roslyn Park Church has found another congregation to purchase the church building and vacant lot north of 5315 Fifth Street. The new congregation is FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 7 not interested in purchasing the other two lots in that area occupied with single family homes. As a result, the petitioner would like to divide off the parsonage house at 401 53rd Avenue and the other house the church owns at 5315 Fifth Street to be sold separately as single family lots. Ms. Jones said Fridley City Code requires that lots in the R-3 district be a minimum of 10,000 square feet for three family dwelling and have a minimum lot width of 75 feet. The approximate size of the entire land being requested to be replatted is 59,443 square feet or 1.36 acres. After the replat, the church property (proposed Lot 1) will be 37,146 square feet (.85 acres) and will include the parcel with the church building as well as the vacant lot located north of 5315 Fifth Street. Proposed Lot #2, located at 401 53rd Avenue, will be 12,046 square feet and will accommodate the existing parsonage house and a garage. Proposed Lot #3 at 5315 Fifth Street will be 10,251 square feet after the replat and will contain the existing single family house, existing garage, and will allow for the construction of a new garage to be accessed off of Fifth Street. Ms. Jones said the Planning Commission held a public hearing on March 2, 2005, for Preliminary Plat Request, PS #05-01. After a brief discussion, the Planning Commission recommended approval of PS #05-01 with the stipulations as presented. The motion carried unanimously. Ms. Jones said staff recommends approval of Preliminary Plat Request, PS #05-01, with the following stipulations: 1. Petitioner to provide drainage and utility easements as shown on the preliminary plat drawing. 2. Petitioner shall provide any easements required by Kaneb Pipeline prior to final plat approval. 3. The property owner of 5300 Sixth Street shall continue to provide reasonable seasonal maintenance as necessary to assure access to and from the non- vacated portion of the alley. 4. The alley shall be sufficiently labeled to prevent the entrance from being blocked. 5. The existing garage at 5315 Fifth Street shall be made accessible by construction of an approved surface driveway and the filing of an easement for access from Lot 1, or a new driveway and garage (with direct access from Fifth Street) shall be constructed within one year of final plat approval. 6. Proof of parking on vacant lot north of 5315 Fifth Street shall be required to be installed if there is an expansion to the church or the City deems that it is necessary. FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 8 Ms. Jones further explained the petitioner is also requesting a special use permit to allow the continuation of a church on the property located at 5300 Sixth Street. Churches are a permitted special use in the R-3 zoning district provided they meet the necessary requirements related to building and site requirements and parking. All of these requirements are being met with the exception of the rear yard setback and the parking stall requirement. Ms. Jones also stated that Roslyn Park Church is requesting a variance for the location of the existing church building in relation to the rear yard setback. City Code requires a rear yard setback of 25 feet and the existing church is 9.81 feet from the rear lot line. When the church was constructed in 1956, it was deficient in meeting the rear yard setback requirement. Consequently, the church is asking for a variance to recognize this non-conformity. The Appeals Commission reviewed this variance request at their March 9, 2005 meeting and, after a brief discussion, recommended approval of the variance. Staff recommends approval of the variance request. Ms. Jones said the Roslyn Park Church property currently requires 43 parking stalls. This number is based on the amount of pews located within the assembly hall of the church. The property is currently deficient in meeting this requirement by 22 parking stalls. The church that is purchasing the property is substantially smaller than the existing congregation and the new church is including the vacant lot north of 5315 Fifth Street as part of their property in the event they need additional parking. City staff would recommend that the deficient 22 parking stalls be a proof of parking on the vacant lot until the church is in need of the additional parking stalls. Ms. Jones further stated that City staff has been in contact with Kaneb Pipeline regarding the gas pipeline that runs along the southern border of the subject properties. The petitioner's surveyor has conveyed to staff that a blanket easement currently exists over the entire lot for the pipeline. Due to this replat, Kaneb and the City would like to have this easement defined which will be a requirement prior to final plat approval. Currently, both the petitioner's surveyor and Kaneb Pipeline are working on defining that easement. Ms. Jones stated City staff recommends approval of the variance request and special use permit request with stipulations. Councilmember Barnette asked if an alley runs off of 53rd Mr. Haukaas said that portion of the alley was vacated and removed. Councilmember Barnette asked if the portion of the alley that was not vacated is scheduled for blacktopping. Mr. Haukaas responded that portion of the alley is north of the property involved in this proposal so they have not had any discussions regarding the alley. FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 9 Councilmember Bolkcom questioned what is meant by the stipulation that refers to reasonable seasonal maintenance. Mr. Hickok responded that stipulation is a carry-over from a prior approval to vacate the alley. The church does maintain the access to the alley by plowing it in the winter and keeping it clear. This stipulation has been discussed with the new buyer. He further explained this stipulation was left purposely broad to ensure anything that comes up is handled. The example of snow removal and sand/silt sweeping was used to illustrate why simply saying snow removal would not be adequate. He added that City staff is comfortable with the language. The current owner has done a good job of maintaining the property and the future buyer is aware of this stipulation. Councilmember Bolkcom expressed concern about the deficient parking situation on this property. She questioned what would make the parishioners park in the vacant lot rather than on the street. Mr. Hickok stated the advantage of the proof of parking requirement is that the installation of those parking spaces is at the City's discretion. They are required to have adequate parking to be self-sustaining on that site. If at any point the City determines that is not happening and they are parking on the street, the City can insist on installation. In addition, the proof of parking prevents asphalt being put down that is not going to be used. The new church moving onto this site has indicated they would be happy if they filled the 22 parking spaces already there. Pastor Dale Christianson stated his church has been on this site for 50 years and just recently moved to Spring Lake Park. He believes approval of the requests would be a win-win situation. Pastor Jim Brown, representing the buyers of the property, requested a copy of the staff's presentation and the stipulations. MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to approve Preliminary Plat Request, PS #04-01, by Roslyn Park Wesleyan Church with six stipulations recommended by staff. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to approve Special Use Permit, SP #05-01, for Roslyn Park Wesleyan Church with six stipulations recommended by staff. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 10 MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to approve Variance Request, VAR #05-04, by Roslyn Park Wesleyan Church with six stipulations recommended by staff. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Receive Bids and Award Contract for the 2005 Miscellaneous Concrete Repair Project No. 359. Councilmember Billings stated staff recommends BCG Construction, Inc., for this bid. He asked who the previous contractor was for this work. Mr. Haukaas explained Ron Kassa Construction has had the concrete and curb repair project for several years, including last year. Councilmember Billings stated if he remembers correctly, Ron Kassa Construction had to do some clean-up after a different contractor had been awarded the curb contract one year. Mr. Haukaas stated that is correct. Councilmember Billings questioned what staff knows about BCG Construction. Mr. Haukaas stated that staff investigated BCG Construction since they were the low bidder. They checked references from other municipalities and private firms that had used BCG. They received decent recommendations, so staff saw no reason not to grant this contract to them as the low bidder. Councilmember Billings asked if BCG understands that this project will not be completed in one shot but that call-backs will be required. Mr. Haukaas stated staff has discussed this with BCG and, in fact, the contract is similar to a contract they have with St. Louis Park. Councilmember Billings commented that there is only $8,000 difference between BCG's bid and Ron Kassa Construction's bid and he would have no problem awarding the contract to the higher bidder since Ron Kassa Construction has a history with the City of Fridley. He wanted to make sure that staff is comfortable with BCG. Mr. Haukaas stated the award of this bid was delayed so staff could take the time they needed to talk with BCG and check their references. MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to receive the bids and award the contract in the amount of $67,616 to BCG Construction for the 2005 Miscellaneous Concrete Repair Project No. 359. FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 11 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. Approve Lease Agreement between the City of Fridley and T-Mobile for the Installation of Cellular Antennas on the Commons Park Water Tower. Councilmember Wolfe stated when this was discussed some time ago, he thought any towers going onto this property would be on the north end of Commons Park. Mr. Haukaas stated this matter was brought to the Parks and Recreation Commission for their recommendation. Since this was originally initiated, they have worked through some issues and came to an agreement with T-Mobile. He said originally, he was not in favor of putting antennas on the water tower because they did not have full answers to questions regarding the Homeland Security Act and its impact on water facilities. In the meantime, they found out that there are precautions that can be taken and still be in compliance. The Parks and Recreation Commission's first recommendation was to put them on the water tower because that brought it away from the neighborhood, reduced complaints, and camouflaged it as much as possible. T-Mobile was also willing to pay a premium to locate their antennas on the water tower. Through that process and the lease negotiations, they came up with placing the antennas on the tower and requiring them to be placed on the catwalk rather than on the tank itself so there will not be any reduction in the integrity of the tank. Also the cables will run on the catwalk, down one of the legs and then outside the fenced area to an area just north of the parking lot outside the City's fence. The City's Recreation Department, Parks Maintenance and Water Department were all in agreement that this would be a viable site for T-Mobile's platform. Councilmember Bolkcom questioned what precautions will be taken and if a City employee will accompany T-Mobile employees when they work on this site. Mr. Haukaas stated the ground equipment is what T-Mobile will have to access 99% of the time and that will be located outside the City's fence. It has been written into the lease with T-Mobile that staff can require background checks of any employee that enters City property. It has also been written into the lease that any time they have to enter the fenced area, they have to provide notice and be accompanied by a City employee. If there is an emergency, City staff would probably be on site to protect the City's interest anyway. If issues arise that are of concern to City staff, that could result in cancellation of the lease. Councilmember Bolkcom asked if T-Mobile's platform will be screened. Mr. Haukaas stated they are required to have fencing around the platform and the City could ask that they provide slats in the fencing. The platform is essentially at ground level and no additional landscaping has been required. Also, having it open makes it safer. FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 12 MOTION by Councilmember Billings, seconded by Councilmember Barnette, to approve the lease agreement between the City of Fridley and T-Mobile. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. Informal Status Report. Ms. Jones stated the annual recycling drop-off day for the City will be held April 9 from 9:00 a. m. to 1:00 p. m. Dr. Burns stated the City newsletter will be going out on or before April 10. Mr. Haukaas stated the City will be conducting a sealed bid auction for some of the City vehicles the week of April 4. The City's annual auction will be held April 16 at the Anoka County Fairgrounds. Councilmember Bolkcom thanked those who attended the informational meeting regarding Columbia Arena. ADJOURNMENT: MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:35 PM. Respectfully submitted by, Rebecca Brazys Recording Secretary ������ Scott J. Lund Mayor