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05/22/2006 - 00027511CITY COUNCIL MEETING CITY OF FRIDLEY MAY 22, 2006 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 Richard Pribyl, Finance Director/Treasurer Brian Bona, 5333 University Avenue APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of May 8, 2006. APPROVED. NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of May 3, 2006. RECEIVED. 2. Special Use Permit Request, SP#06-05, by Brian Bona, to Allow a Free-Standing Electronic Changeable Message Board Sign, Generally Located at 5333 University Avenue N.E. (Ward 1) William Burns, City Manager, stated that petitioner, Brian Bona of 5333 University Avenue, is seeking a special use permit to allow a changeable message board. The sign is 80 square feet, of which 30 square feet will be used for a changeable, electronic message board. The sign will be installed on the north end of the property. The property is appropriately zoned C-3. The FRIDLEY CITY COUNCIL MEETING OF MAY 22, 2006 PAGE 2 Planning Commission unanimously approved the special use permit at their meeting on May 3. Staff recommends Council's approval, subject to five stipulations. APPROVED WITH THE FOLLOWING FIVE STIPULATIONS: 1. PETITIONER SHALL OBTAIN SIGN PERMIT AND CURRENT SIGN ERECTOR LICENSE PRIOR TO INSTALLING ANY SIGNAGE ON SITE. 2. MESSAGE ON L.E.D. SIGN SHALL NOT CHANGE MORE OFTEN THAN AUTHORIZED UNDER SECTION 214.07 OF THE FRIDLEY CITY CODE. 3. MESSAGE OF L.E.D. SIGN SHALL NEVER FLASH OR HAVE MOTION THAT MAY DISTRACT VEHICULAR TRAFFIC IN THE AREA. 4. THE PROPOSED FREE-STANDING SIGN SHALL BE 10 FEET FROM ANY PROPERTY LINE OR DRIVEWAY. 5. PETITIONER SHALL ADHERE TO CITY CODE REQUIREMENTS FOR TEMPORARY SIGNS. 3. Receive Bids and Award Contract for the Tree Stump Removal and Restoration Proj ect. William Burns, City Manager, stated that bids from four contractors were opened on May 17. The bids are for removal of storm damaged trees, tree stumps, etc., on City boulevards. The low bidder was Arbor Design Tree Service of Brooklyn Park in the amount of $17,490.00. Staff recommends that Council receive the bids and award the contract to the low bidder. RECEIVED BIDS AND AWARDED BID TO ARBOR DESIGN TREE SERVICE OF BROOKLYN PARK IN THE AMOUNT OF $17,490.00. 4. Resolution Ordering Preliminary Plans, Specifications and Estimates of the Costs Thereof: Mill and Overlay Project No. ST. 2006-2 William Burns, City Manager, stated that this project is on Matterhorn Drive for a distance of 1,200 feet south of Gardena Avenue, and on 73r Avenue between University Avenue and Able Street. It is estimated that this project will cost $278,273 and will be paid for by assessments and State Aid. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-27. 5. Resolution Receiving the Preliminary Report and Calling for a Public Hearing on the Matter of Construction of Certain Improvements: Mill and Overlay Project No. ST. 2006-2. FRIDLEY CITY COUNCIL MEETING OF MAY 22, 2006 PAGE 3 William Burns, City Manager, stated a June 12 public hearing is being proposed on this item. The intent of the hearing is to discuss the assessment of these projects to benefiting property owners. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-28. 6. Resolution Providing for the Sale of $2,505,000 G.O. Improvement Bonds, Series 2006A William Burns, City Manager, stated that these bonds will serve to provide funding for the City's portion of the cost associated with the 2006 Neighborhood Street Reconstruction Project. They will be repaid from general tax levies that will be certified to the County beginning ne�t fall. The bond sale is scheduled to occur on June 26, 2006. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-29. 7. Resolution Authorizing Final Changes in Appropriations for the General Fund, Special Revenue Funds, and the Capital Improvement Fund for the Year Ended 2005 William Burns, City Manager, stated that the resolution approves General Fund adjustments associated with unexpected expenditures in 2005. A large portion of the adjustment represents shifting of funding from one internal category to another. It does, however, include the use of $87,000 in fund balance the General Fund expenditures. A substantial portion of the unexpected cost is associated with the City's response to the September 2005 storm. Special Revenue Funds include the Grant Management Fund received for the Springbrook subwatershed grant along with other law enforcement grants. The Solid Waste Abatement Fund covered the cost for stump grinding associated with storm damage. This money came from the service exchange program. The Capital Improvement Fund includes adjustments that are associated with Public Works capital improvements to the garage and the parks that were inadvertently posted as operating expenditures. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-30. 8. Appointment of City Employee. William Burns, City Manager, stated staff is recommending the appointment of Walter Messer to fill a new firefighter position that was budgeted for 2006. Walter has been a paid-on-call firefighter since 1999. He has a two-year degree in law enforcement from Normandale Community College and currently works safety and security for Geridan International in Cottage Grove. His appointment will help us provide badly needed shift coverage and in the process bring the City from six to seven full-time firefighters. Staff recommends Council's approval. APPROVED APPPOINTMENT. FRIDLEY CITY COUNCIL MEETING OF MAY 22, 2006 PAGE 4 9. Claims. APPROVED CLAIM NOS. 126607 THROUGH 126786. 10. Licenses APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 11. Estimates. APPROVED. Councilmember Bolkcom questioned Item 2 on the agenda regarding stump removal and asked when the stump removal would be completed. Mr. Haukaas, Public Works Director, replied the contract states the stump removal must be completed within 60 calendar days after the contract is awarded. The contractor stated that the project could be completed 24 days from the date the contract is awarded. MOTION by Councilmember Barnette to approve the consent agenda as presented. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to adopt the consent agenda as presented. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): NONE. OLD BUSINESS: 12. Approve Roadway Major Maintenance Financing Policy (Tabled May 8, 2006). MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF MAY 22, 2006 PAGE 5 Mr. Haukaas, Public Works Director, stated this item was tabled at the May 8 meeting. Council asked for additional language regarding how properties are assessed for construction. That language has been added. A newspaper article was published in the Sun Focus this past week and unfortunately, it contained some information that was misleading and not correct. Primarily this financing policy is for future projects. The article published in the Sun Focus stated that this financing would affect the current year street project. There is a financing policy in place for the current capital improvement program where the City is replacing concrete curb and gutters. This will remain in affect for the ne�t three years or until the project is complete. This new policy is for other types of projects in which the concrete curb and gutters already exist. The Sun Focus article also mentioned that the City would be assessing for sanitary sewer, water and storm water improvements and that the current assessment policy carries through that the City would only be assessing for major storm water e�tensions. Sanitary sewer or water repairs would be funded through our utility funds. Mayor Lund asked if Mr. Haukaas had been contacted because of the article. Mr. Haukaas said he had not been contacted. He said he did leave a message with the Sun Focus. Councilmember Bolkcom asked if the language was correct where it states that the property would be assessed for future or current road construction. Mr. Haukaas stated that the policy should read "will be assessed for current projects and may be accessed for future road construction as defined in this policy statement." The policy will be corrected to reflect this wording. MOTION by Councilmember Bolkcom to approve the roadway major maintenance financing policy with the following wording change in Section II(A)(1): "In the event that a residential lot has frontage on two streets and is of sufficient size to split or subdivide, those portions of the lot that front on a second street will be assessed for current projects and may be assessed for future road construction as defined in this policy statement." UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. First Reading of an Ordinance Repealing Chapter 105 of the Fridley City Code Pertaining to Landscape Maintenance (Tabled May 8, 2006) MOTION by Councilmember Barnette to remove this item from the table. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF MAY 22, 2006 PAGE 6 Mr. Hickok, Community Development Director stated this te�t amendment repeals Chapter 105 entitled "Weeds" and creates a new Chapter 105 entitled "Landscape Maintenance." The first reading occurred on April 24, 2006. The Council denied the previous version of Chapter 105. Staff responded to Council's comments to remove language referring to buffer strips and gutter downspouts. Mr. Hickok reviewed that on May 8 Council made a formal motion to bring back the ordinance for reconsideration after informally discussing it at their May 15, 2006, work session. At the May 15 work session, Council discussed possible changes with staff. Staff has modified the ordinance accordingly. Mr. Hickok stated staff recommends that Council approve the first reading of this ordinance. MOTION by Councilmember Barnette to waive the reading of the ordinance and approve the ordinance on first reading. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 14. Resolution Approving a Plat, P.S. #05-08, Gateway West lst Addition, by Blue Print Homes, for the Purpose of Creating Seven Single Family Lots, Generally Located Between 59t'' Avenue and 61St Avenue, and 3rd Street and University Avenue N.E. (Ward 3). Mr. Hickok, Community Development Director, stated that Blue Print Homes received preliminary plat approval from the City Council on November 21, 2005, to replat portions of Block 2, City View Addition and portions of Block 12 and 28, Hyde Park Addition, generally located between 57th Place and 61st Avenue and 3rd Street and University Avenue. The purpose of this preliminary plat approval is to create 16 new single family lots for the Gateway West redevelopment project, with 7 stipulations. Mr. Hickok stated that after further review by Blue Print Homes' engineering firm, Pioneer Engineering, some minor title issues were discovered with the plat. Pioneer was unable to resolve the issues and was removed from the project. Kurth Surveying was hired to complete the work Kurth has determined that it would be best to separate the plat into a lst and 2"d Addition because the bulk of the title problems lie with the southern property, namely the former Frank's Used Car site. Accordingl�y, staff is bringing forward the Gateway West lst Addition at this time. It is anticipated that the 2" Addition will be brought forward in July of this year. Mr. Hickok stated that after consultation with City Attorney, Fritz Knaak, staff recommends that the Council approve the attached resolution approving Gateway West lst Addition with the following 7 stipulations: FRIDLEY CITY COUNCIL MEETING OF MAY 22, 2006 PAGE 7 1. Petitioner shall obtain all necessary permits prior to construction. 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay all water and sewer connection fees. 5. The petitioner shall agree to preserve mature trees to the e�tent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 6. Petitioner to provide City with a copy of the declaration of conveyance for the development that outlines the landscaping and fencing requirements prior to issuance of a building permit. 7. Park dedication fee of $6,000.00 (4 lots x$1,500) to be paid prior to issuance of a building permit. Councilmember Bolkcom asked when residents in the area can expect to see construction start. Mr. Hickok replied that the ne�t step would be to file the plat with Anoka County. Blue Print Homes has homes ready to build on the North block Construction can start shortly after the plat is submitted and the home plans are approved. New construction could happen as early as the first week in June if everything goes as planned. A newsletter will be sent to residents in the area regarding street and fence improvements after discussion and cost analysis is completed. These improvements will be assessed as part of the project and not to property owners in that area. Councilmember Bolkcom asked if homes have been sold on this property. Mr. Hickok stated that homes cannot be sold until the plat is filed, but some reservations have been made that will become sales very quickly. MOTION by Councilmember Bolkcom to adopt Resolution 2006-31 with the following seven stipulations: 1. Petitioner shall obtain all necessary permits prior to construction. 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay all water and sewer connection fees. 5. The petitioner shall agree to preserve mature trees to the e�tent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 6. Petitioner to provide City with a copy of the declaration of conveyance for the development that outlines the landscaping and fencing requirements prior to issuance of a building permit. 7. Park dedication fee of $6,000.00 (4 lots x$1,500) to be paid prior to issuance of a building permit. FRIDLEY CITY COUNCIL MEETING OF MAY 22, 2006 PAGE 8 Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. Informal Status Reports. Mr. Haukaas, Public Works Director, announced that the 2006 Street Project will be starting. The City will start removing some of the streets in the neighborhood south of Community Park and also Pandora Drive North of 68th Avenue. Excess material from this project will be brought to Community Park Ball Fields 5 and 6 to regrade the fields. Dr. Burns, City Manager, stated that a newsletter will be coming out the first week of June. Councilmember Barnette reminded citizens that Fridley `49er Days will be held June 14-18. Buttons are on sale now for $3.00. He encouraged citizens to participate in this event. Councilmember Bolkcom commented that there was a great turnout at the Block Captains event. Code enforcement was discussed and Rachel Harris had interesting comments regarding recycling. The rain garden planting at Jay Park was a great success. Councilmember Wolfe wished his nephew a quick recovery. He said his nephew was injured by a drunk driver. He sent condolences to Mr. and Mrs. Heller who lost their son in this terrible accident. He said to do what you can as a citizen to stop drunk drivers. Mayor Lund congratulated American Legion Post 303 for hosting a very a successful district convention. ADJOURN: MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 7:53 P.M. Respectfully submitted by, Krista Monsrud Scott J. Lund Recording Secretary Mayor