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10/26/2009 - 29268CITY COUNCIL MEETING CITY OF FRIDLEY OCTOBER 26, 2009 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Richard Pribyl, Finance Director/Treasurer Scott Hickok, Community Development Director Jim Kosluchar, Public Works Director Fritz Knaak, City Attorney Tom Larson, 6556 Stinson Blvd NE George Brown, 5220 Main Street NE Chuck Schwalby, 5445 Teakwood Lane N Diane Krueger, 173 Pilot Avenue NE Bruce Setterholm, 4538 2'/z Street NE Sarah Shackleton, 6489 Taylor Street Marvin Weiss, 6111 Rainbow Drive Ryan Pobuda, 144 Satellite Street PROCLAMATIONS: Homeless Awareness Month — November, 2009 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of October 12, 2009 Mayor Lund asked for a correction on page 17, second paragraph, second sentence to change "whereabouts" to "thereabouts." APPROVED AS AMENDED FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 2 NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of October 7, 2009. RECEIVED. 2. Resolution Adopting the Assessment for the 2009 East Moore Lake Drive Landscape Revitalization Project No. 2009-1. William Burns, City Manager, said the project has five properties that will be assessed for five years at an interest rate of 5.5%. The amount assessed is $49,847.99. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2009-57. 3. Special Use Permit Request, SP #09-13, by H.B. Fuller Co., to Allow Limited Outdoor Storage in the Rear Yard of the Property, Generally Located at 5220 Main Street N.E. (Ward 3); and Resolution Approving Special Use Permit, SP #09-13, for H.B. Fuller, 5220 Main Street N.E. William Burns, City Manager, said the plan is to store trailers that contain empty 55 gallon drums, pallets and other miscellaneous materials and equipment. They plan to store these items in a 10,800 square foot rear yard area and a 5,100 square foot side yard area. The total square footage is well within the allowable area identified in the City Code. The Planning Commission gave their unanimous approval to this request on October 7. Staff recommends Council's approval of the resolution with the four stipulations. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4. Special Use Permit Request, SP #09-14, by Sign Wise Group on Behalf of Mohamad Zaro, the Property Owner, to Allow an Electronic Gas Pricing Sign, Generally Located at 7899 East River Road N.E. (Ward 3); and Resolution Approving Special Use Permit, SP #09-14, for Sign Wise Group on Behalf of Mohamed Zaro, the Property Owner 7899 East River Road N.E. William Burns, City Manager, said the petitioner, Mohamed Zaro, is planning to reface an existing 80 square foot sign by inserting a 28 square foot LED pricing panel. Other panels will be installed to allow signage for other tenants. The Planning Commission gave their unanimous FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 3 approval at their meeting on October 7. Staff recommends Council's approval of the resolution along with the stipulations. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 5. Approve Comprehensive Sign Plan for Riverboat Strip Mall, Generally Located at 7899 East River Road N.E. (Ward 3) William Burns, City Manager, said the new owners of the Riverboat Strip Mall are in the process of remodeling the building and the signage. Their proposed sign meets all of the City's criteria and will allow for new, modern looking signs. The new signage will consist of manufactured channel letters embedded in a channel raceway rather than attached to the building. All signs will be required to be the same color. Staff recommends Council's approval. APPROVED. 6. Approve 2010 Sixty-Day Agency Action Application Deadlines for the Planning Commission and the Appeals Commission Meetings. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 7. Approve School Resource Officer Program Agreement between the City of Fridley and Independent School District No. 14. William Burns, City Manager, said the only change in this agreement from prior agreements is that it applies to one officer rather than two. The agreement provides that School District #14 will reimburse the City for one-half of the assigned officer's salary and benefits for nine months. The amount is based on the salary of the assigned officer. The amount of reimbursement for the 2009/2010 school year is $33,240. The contract allows either party to opt out of the agreement through activation of a 30-day cancellation clause. Staff recommends Council's approval. APPROVED. 8. Claims 143684 — 143833. APPROVED. 9. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked for Item Nos. 3, 4, and 6 to be removed. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 4 MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of Item Nos. 3, 4, and 6. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the Agenda with the addition of Item Nos. 3, 4, and 6. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): Tom Larson, 6556 Stinson Boulevard NE, said he is a senior citizen and a retired employee of the City Fridley. He was disgusted to see the amendment for the Charter. This is a waste of the city's money and he did not appreciate the article in the Focus about cutting back on police, fire, road plowing, etc. To spend money on another special election is a waste of money. If the City is short on funds why not look at City Hall and cut positions. Something needs to be cut somewhere. Mayor Lund said every other city has to have justification to raise taxes but their Council can do that. Fridley on the other hand is restricted because they have to go to the voters and ask every two years in a general election for an increase. If you feel it is a waste of money for a special election, now is the time to inform citizens about this because a petition has come forward. If a petition had not come forward an election would not be needed. The City is trying to solve its financial troubles and having the ability to ask for an election does not take away the voters' rights because they can still say no to a tax increase. William Burns, City Manager, said the City has reduced staff from 122 employees to 108 and cut $1.2M from the 2009 and 2010 budgets. Efforts have been made to cut as much as possible from the budget. Mr. Larson asked why the election could not wait unti12010. Mayor Lund said the City does not have the ability to ask residents to raise taxes during a special election. It can only be done during a general election. The special election is not about raising taxes but about asking to have a special election. The Charter restriction requiring us to ask for a tax increase still remains in place. The problem with waiting is because of what is happening at the state level; the budget problems have not been fixed but deferred for the ne�t session. There could be another $4.SB deficit coming in 2011 and 2012. As long as the state financial problems exist, it will continue to impact us at a local level. The City is doing the best they can in making budget cuts. At some point, the City may have to ask for an increase in property taxes or try to create some kind of new revenue for the City. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 5 Mayor Lund said if the City waits until the ne�t election, things will get pushed back for another year. There is a significant drop-off of voters who do not vote on all the questions on the ballot. As you get down to the city level and specific questions, there is a 20% drop-off. This is unfair to those who vote on everything, because those voters who do not bother to vote on all the questions are counted as a"no" vote. NEW BUSINESS: 3. Special Use Permit Request, SP #09-13, by H.B. Fuller Co., to Allow Limited Outdoor Storage in the Rear Yard of the Property, Generally Located at 5220 Main Street N.E. (Ward 3); and Resolution Approving Special Use Permit, SP #09-13, for H.B. Fuller, 5220 Main Street N.E. Councilmember Bolkcom said she did not understand the decrease in parking from 73 to 42 parking stalls and was concerned about the three trailers that will be beyond the height limit. Scott Hickok, Community Development Director, said with special use permits like this one, staff analyzes each site carefully based on building and code requirements. Staff has observed petitioner does not have problems with parking on the street or with excess parking. Even in the situation of overlap between shifts, they have enough parking. Staff is obligated to review this special use permit annually, so if employees should start parking on the street, things can be reviewed and changed. Mr. Hickok said the trailers on the lot will not be above height all the time, but the staged trailers may be above the height. Some storage trailers will be staged on site and kept in a holding area but would not stay there. Staff would not allow these trailers to be used for storage. Depending on the process, some trailers will sit there longer than others, but will not be considered part of the warehouse/storage space. Councilmember Bolkcom asked how the trailers were different than racks that would be above the desired height. Mr. Hickok said that the racks are not moving through the site and are holding material. Staging trailers is different because some days there will be no staged trailers on site. Councilmember Bolkcom suggested having a stipulation regarding the trailers. Mr. Hickok said that something could be written about the trailers. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 6 George Brown, 5220 Main Street, said the trailers hold empty drums, and each trailer would hold about one day's worth of drums. The height is determined on what trailers are on the road. He does not anticipate the trailers to be there very long. Councilmember Varichak asked about the verbal agreement the petitioner had with the neighboring property owners to store trailers and asked if a written agreement should be considered. Mr. Hickok thought that would be a good idea. He will suggest that idea to the property owner and could make it a stipulation. Staff has checked this out with the neighboring property owner and there is no issue about it. Mr. Brown said that it would not be a problem to get a written agreement from Mr. Timberland. Mr. Hickok said he would add the following stipulations: • No truck trailers shall be stored in either storage area. Those trailers not being cycled through the site as part of the normal industrial process shall be removed from the subject property. • A written agreement between property owners shall be created and filed with Anoka County regarding the storage area encroachment on the northern edge of the property. Councilmember Bolkcom asked if Mr. Brown was okay with those stipulations. Mr. Brown said they sounded fine. MOTION by Councilmember Bolkcom to adopt Resolution No. 2009-58 and to approve Special Use Permit Request, SP #09-13, by H.B. Fuller Company with the following stipulations: 1. The petitioner shall submit a landscape plan to be approved by staff within 30 days of issuance of this special use permit, showing areas for installation of ivy or sufficient shrubbery to further screen the outdoor storage area from the rail right-of-way. 2. The petitioner shall stripe all parking stalls to meet City code requirements. 3. If a parking shortage occurs on the site, the petitioner shall develop an agreeable plan approved by City staff to re-work the interior space of the existing building or find other parking options. 4. The location and type of materials, specifically for outdoor storage, shall be reviewed by the Fire Marshal. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 7 MOTION by Councilmember Bolkcom to add two stipulations: 5. No truck trailers shall be stored in either storage area. Those trailers not being cycled through the site as part of the normal industrial process shall be removed from the subject property. 6. A written agreement between property owners shall be created and filed with Anoka County regarding the storage area encroachment on the northern edge of the property. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 4. Special Use Permit Request, SP #09-14, by Sign Wise Group on Behalf of Mohamad Zaro, the Property Owner, to Allow an Electronic Gas Pricing Sign, Generally Located at 7899 East River Road N.E. (Ward 3); and Resolution Approving Special Use Permit, SP #09-14, for Sign Wise Group on Behalf of Mohamed Zaro, the Property Owner 7899 East River Road N.E. Councilmember Bolkcom said she was concerned about painting the existing sign pole in a timely manner and thought a time line should be placed in the stipulations. Scott Hickok, Community Development Director, agreed and asked if it would be acceptable if it were repainted by June 1, 2010. Chuck Schwalby, 5445 Teakwood Lane N, said he had no problem with placing a date on painting the pole. MOTION by Councilmember Bolkcom to adopt Resolution No. 2009-59 and approve Special Use Permit Request, SP #09-14, by Sign Wise Group on Behalf of Mohamad Zaro, 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 on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 8 4. The existing manual gas pricing sign on the pole below the 80 square foot existing cabinet shall be removed upon installation of the electronic gas pricing sign. 5. The existing sign pole shall be repainted. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY MOTION by Councilmember Bolkcom to amend Stipulation #5 to read "The existing sign pole shall be repainted by June 1, 2010." Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 6. Approve 2010 Sixty-Day Agency Action Application Deadlines for the Planning Commission and the Appeals Commission Meetings. Councilmember Bolkcom asked why sometimes there is a gap between when the Planning Commission meets and Council meets. Scott Hickok, Community Development Director, said there is a deadline for the packet assembly by noon on Thursday and sometimes there is not enough time to assemble the paperwork in time for the meeting. MOTION by Councilmember Bolkcom to approve the 2010 Si�ty-Day Agency Action Application Deadlines for the Planning Commission and the Appeals Commission Meetings. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY PUBLIC HEARINGS: 10. Consideration of the Assessment for the 2009 Nuisance Abatements. MOTION by Councilmember Varichak to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8:25 P.M. Richard Pribyl, Finance Director, said this is the public hearing for the assessment for the 2009 Nuisance Abatements. The public hearing notice was published in the Focus newspaper on October 8, 2009, as required by State Statute. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 9 Mr. Pribyl said written or oral objections will be considered at this meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the clerk prior to the hearing or is presented to the presiding officer at the hearing. The Council may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting, upon such further notice to the affected property owners, as it deems advisable. Mr. Pribyl said an owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. Mr. Pribyl said the City of Fridley has adopted Resolution No. 14-1995 deferring special assessment payments for senior citizens. The City Council may defer the payment of special assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. Councilmember Bolkcom asked for clarification on the dates before the amount would be on the taxes. Mr. Pribyl said residents would have to pay by November 25 to avoid it going on their 2010 taxes. Councilmember Bolkcom asked if anything was sent to residents. Mr. Pribyl said yes, a letter would be mailed confirming the assessment along with the terms of the assessment. MOTION by Councilmember Bolkcom to move into record a letter from Diane Krueger dated October 22, 2009, regarding the proposed assessment for her brother Richard Krueger. Seconded by Councilmember Barnette. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY Diane Krueger, 173 Pilot Avenue NE, said that her brother, Rick, and she bought the house from their mother's estate. Her brother paid the mortgage and had not heard about the nuisance abatement until a letter was received. Mayor Lund e�tended his sincere sympathy on the death of her brother. He asked to confirm that she received the abatement letter and did not know anything about the nuisance. Ms. Krueger said that was correct and the letter was late because the zip code was wrong. Councilmember Bolkcom asked what the abatement was for. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 10 Scott Hickok, Community Development Director, said it was for improper outdoor storage of items like a mattress, lawnmower, propane tank, etc. Councilmember Bolkcom asked when the letters were sent out. Mr. Hickok said the letters were sent on June 24, July 8, and July 21. The letter on July 21 was sent to the correct zip code and gave the homeowner three options to get rid of the outdoor storage items. The letter stated that the items would need to be taken care of by August 10 or the City would take action. There is a history with the property dating back to June, 1999, with outdoor storage. Abatement occurred on the property on December 3, 2008. Ms. Krueger said she and her brother moved the trailers, buckets, propane tanks, etc., and the City did not do anything for the charges. Mr. Hickok said that Mobilized Advanced Restoration was sent to do the work and the property owners pleaded they could get the work done. The restoration company had another abatement that day and left the site. By the time the restoration company came back the site was cleaned up. There is a minimum charge of $105 plus staff time. Advance Restoration did not have to clean up but did have a minimum charge. Councilmember Bolkcom said someone has to pay for the cost because the City had to contract someone to clean up the property. Ms. Krueger said she made a few calls but could not get it all cleaned up in the time that was allowed. Councilmember Bolkcom said usually staff is pretty flexible and would ask the homeowner when the work could be done and work with the homeowner. Ms. Krueger said she could not remove the items by September and then her brother got ill. Part of it was physically moving things and most items were moved or disposed of. Mayor Lund said if people would respond to the letters and say they have a hardship, as long as there is cooperation from the homeowners, staff is willing to work with them. Staff is willing to work with residents on a timeline but since the homeowner did not clean it up there are minimum costs to the home owner. If Council waives the $225 charges it would be a problem with the taxpayers in this room because they would be paying the bill. He said he was sorry to hear about her brother, but Council had to take a stand on the minimum charges. Councilmember Bolkcom said the fees can be paid within a month or they can be applied to her taxes at a 6.5% interest rate which may be more manageable. Ms. Krueger said either way, the money is not easy to come by. Mayor Lund said asked if Ms. Krueger was the legal owner and was on the title of the property. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 11 Ms. Krueger replied yes. Mayor Lund said it is now her obligation to take care of this. Staff would have given an e�tension to take care of things if the hardship would have been communicated. Staff did give her six months to remove the items. Councilmember Bolkcom said City staff has resources for people who are ill or physically handicapped and opportunities to work with programs if help is needed in situations like this. Bruce Setterholm, 4538 NE 2'/z Street NE, said he has lived here since September of 1978 and has been assessed on an abatement and the charges are excessive. He removed what he thought were the loose things and had talked to someone to remove the pop machine. He had not intended on storing the pop machine there and was trying to give it away but no one would take it. He agreed that he waited too long; but he found out it would be quite a project to bring the pop machine to the junk yard. There were also logs in his front yard. Because of the cut in the yard, he did not want someone to step over the edge so he had logs in line to create a barrier to prevent an accident. There was a ladder on the roof of the storage shed in the back yard but that was out behind the garage and was closed in by small trees and bushes. He did not think that was a nuisance because it was not continually left there but left outside. Mayor Lund said that the assessment was for just over $1,500, and asked if he thought it was excessive. Mr. Setterholm said yes because he got rid of a lot of the items himself. Mayor Lund said staff made several attempts by letter to contact Mr. Setterholm regarding the items that had to be removed. Mr. Setterholm said he did receive the letters. Mayor Lund asked if he communicated to staff that he needed additional time to remove the items. Mr. Setterholm said no, he thought it was just the pop machine that had to be removed and thought it would be gone in time. Scott Hickok, Community Development Director, said records date back to 1999 with outdoor storage problems and a retaining wall to be fixed. Through the years there have been consistent issues with boxes outside, garbage cans full of debris, etc. This property has had a number of abatements and a number of complaints. Staff is hoping this will be the last abatement on this property. Mayor Lund asked if an abatement was done last year. Mr. Hickok said yes. This is a little frequent as many homeowners in this community have never had an abatement. This property owner knows the process and has had opportunities to FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 12 make things right. Things are clearly spelled out in the letter, so even though Mr. Setterholm testified he thought it was okay, a letter was sent stating it was not okay. Mayor Lund said he could not justify for the taxpayers to pay for this assessment because it is the homeowner's responsibility to clean up their property. Mr. Setterholm said he received a bill from Advanced Companies and paid the bill. Mr. Hickok said the abatement was for staff time and Advanced Companies. There is a bill from July 7, 2008, for $232.50 that is not paid and Advanced Companies' bill for $660 from September 9, 2009, plus staff time in the amount of $318.75. Mayor Lund said the total abatement is for $1,514 and it looks like this might be reduced because a partial payment has been made. Councilmember Bolkcom asked if Mr. Setterholm should contact someone to see what is left to pay so he knows how much is owed. Mr. Pribyl said a final assessment will be sent out so people know what needs to be paid in the 30 days. It appears he has made some payments so it will more than likely be reduced. Councilmember Saefke asked why Mr. Setterholm received a copy of the bill from Advanced Companies. Mr. Hickok said a copy of the bill is sent to the homeowner just in case they have any questions or concerns on the bill. They get a copy of the invoice along with the bill for staff's time and they are asked to pay the City of Fridley. Mayor Lund said there is a Recycling Coordinator at the City he can talk to and she may know of some contractors that may be able to take appliances. Homeowners are encouraged to work with City staff. Sarah Shackleton, 6489 Taylor Street, wanted to see if a price for an abatement could be negotiated. She said her brother mows her yard and a letter came in July saying she needed to mow the north side of the house. What her brother understood was to get rid of the tall grass on the retaining wall but the City was talking about the strip of property down by the street. The mowing probably took five minutes and she received a bill for $175. Mayor Lund said staff did go through the normal abatement procedure so the homeowner should not have been surprised about the assessment. Ms. Shackleton said she misunderstood what needed to be done. Mr. Hickok said the mowing charge was for $63.75 and staff time was $75. Ms. Shackleton said she could have mowed the area herself but did not understand what needed to be done. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 13 Mr. Hickok said the letter went out on July 18 and the property was abated on August 6. Councilmember Bolkcom asked if the area that was mowed was her property. Mr. Hickok said it is the homeowner's responsibility to take care of the right of way. Councilmember Bolkcom asked if a survey reflects it is a right-of-way on the homeowner's property, if MnDot would mow part of the area. Mr. Hickok said the homeowner is required to maintain all right-of-ways adjacent to their property. The right-of-way will not be on the survey and needs to be maintained by the homeowner. Ms. Shackleton said she understands she needs to mow in front of a sidewalk but this area sits beside her house and down five feet from her yard. Mayor Lund said everyone who passes by the area can see it. William Burns, City Manager, asked how the bill went from $138 to $173.63. Mr. Hickok said that the $173.63 is the most recent amount and would probably reflect interest and other charges. Mr. Pribyl agreed there were probably 25% charges added for interest. Mr. Hickok said the homeowner has 30 days to pay and if the bill is paid on time, it would save on some of the administrative costs. Mr. Pribyl said any payments that have been made on assessments and any prepayments would be reflected in the final assessments when they are mailed out. Mr. Hickok said abatements on this property date back to 1999 with a trailer in the front yard, a dead tree, housing maintenance and outside storage issues. Mayor Lund said he was just checking to see if this was the first offense. Ms. Shackleton understood that it was her mistake and was just asking to reduce the bill; maybe split half the cost of the $75 but there were issues before. The issues before were taken care of and she always had communication. Councilmember Bolkcom said she felt Ms. Shackleton understood what she had to do but there was a miscommunication. This is a learning experience and maybe a letter should go out explaining what she is responsible for. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 14 Mr. Hickok said the letter indicated she was responsible to mow the high grass on the boulevard and that it should be maintained, groomed and cared for by the property owner. The instructions were clear in the letter. Mayor Lund thought Council should move ahead for abatement of the property because proper communication was sent out. The amount may be different if it is paid on time. Dr. Burns said the total is $138.90 if it is paid before the 30 days are up. Thomas Larson, 6556 Stinson Boulevard NE, asked who does the plowing on that street and sidewalk If the City does plowing why does she have to mow the grass? Mayor Lund said it is already in the City Code to maintain right of way. Mr. Larson asked if the letters were sent out normal mail and if the City received proof the homeowner received the letter. Mr. Hickok said letters are sent out normal mail and that is why the opportunity is here to protest the assessments. Councilmember Bolkcom said most people who receive nuisance abatements have received their bills. Diane Krueger, 173 Pilot Avenue, asked how come it cost $63 to mow that strip of property. Mayor Lund said the charges cannot be disputed. A contractor had to be hired to go and mow the area. It is the homeowner's responsibility to maintain their property to the curb. Councilmember Bolkcom asked about charges related to mortgage companies and foreclosed homes and if the City gets that money back. Mr. Pribyl said those charges are on record and the money is usually recovered, as it is attached to the property. Generally the charges are received on the closing statement. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 9:27 P.M. 11. Consideration of the Assessment for the 2009 Street Improvement Project No. ST. 2009-1. MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Saefke. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 15 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 9:28 P.M. Richard Pribyl, Finance Director, said the public hearing was published in the Focus newspaper on October 8, 2009, as required by State statute. The proposed assessment rolls are on file for public inspection at the Finance Office. Notices are being mailed to all property owners. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the clerk prior to the hearing or is presented to the presiding officer at the hearing. Council may consider any objection to the amount of a proposed individual assessment at an adjourned meeting, upon such further notice to the affected property owners, as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. Mr. Pribyl said the City of Fridley has adopted Resolution No. 14-1995 deferring special assessment payments for senior citizens. The City Council may defer the payment of special assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. Marvin Weiss, 6111 Rainbow Drive NE, said he was quoted $950 and now it is $1,023. He asked why there was a jump in price. Mayor Lund said at the meetings prior to when the work started, staff were given an estimate of the best guess of the price of oil and asphalt and those are not final prices for doing the project. Sometimes there are decreases but usually, there are increases. James Kosluchar, Public Works Director, said an estimate was done on the assessment for $950 but there were issues of the pavement thickness in that area and some of the thicknesses did not coincide with the documentation on file. The price per ton was fairly close to where the bid should have been and the project actually ended up 20% over for asphalt. The assessment had a potential of being $850 but more asphalt was needed. Mr. Weiss asked how thick the street was. Mr. Kosluchar said staff estimated 1'/z inches; but some streets were 2 to 2'/z inches, and others had bare patches when milled. Mr. Weiss asked if his street had not needed e�tra asphalt if the cost was averaged out to everyone. Mr. Kosluchar answered yes. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 16 Mayor Lund said it is not possible to ascertain for each individual because it gets too complicated. The difference is $73 and everyone uses the street. Mr. Weiss said if he bid on a job and did not bid it out correctly, he would consider it his mistake. Councilmember Bolkcom said there is a meeting about the street improvement and the contract is awarded after that meeting. After that staff gets bids and awards a contract. After the contract is done there is a public hearing and assessments are ordered. There is usually a discrepancy as the final cost is not known until the project is complete. Mayor Lund said it sounds like Mr. Weiss is not happy with the finished product. He asked if this is the first staff had heard of this. Mr. Kosluchar said there were some issues with the underlying storm sewer. Other than that, he was unaware of other issues with the final product. Mr. Weiss said the entire street is not smooth. Mayor Lund asked Mr. Kosluchar to take a look at the street and make sure it is up to City standards. Councilmember Saefke said there is usually a one-year warranty on the work so if anything happens or other issues come up the streets are guaranteed for a year. Councilmember Bolkcom added Council does want to hear from residents if there are issues. MOTION by Councilmember Bolkcom to move into record a letter from received from Richard Weiss dated October 26, 2009. Seconded by Councilmember Barnette. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY Mr. Weiss commented on the issue with H.B. Fuller and the need for storage. It is not easy to do business in Fridley because they put too many restrictions on businesses. H. B. Fuller has been in business in Fridley for many years. Councilmember Bolkcom said there are restrictions because it is part of the commercial property storage statutes. Sometimes when companies let things set outside, after a while they become an issue. Mayor Lund said that Mr. Brown was not upset nor did he disagree with this issue. Council is happy to have H.B. Fuller and other businesses in our community and they are a viable part of Fridley. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 17 William Burns, City Manager, said that once every five years businesses are looked at and it is unfair for some companies to correct the problems and others are not enforced to correct problems. We are trying to be consistent and treat all businesses fairly. Mr. Hickok said in 2003, staff was doing some systematic enforcements and 40% of the industries in Fridley were not in compliance. The law does not allow for outdoor storage without a special use permit. Staff was instructed to create an ordinance to allow outdoor storage which is rare this close to the center city. This adds value to the industry because companies did not have to build a building for outdoor storage. This is a benefit to companies and this process makes it right. Storage is allowed outside as long as it is screened property. Mayor Lund said businesses are located in Fridley because of the more lenient outdoor storage rules. Many businesses moved here because they ran into major problems in other communities. Ryan Pobuda, 144 Satellite Lane NE, said he is happy with his assessment because it could have been $1,200. He was happy to see the charge of $1,023. He was thankful and appreciative. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 9:50 P.M. NEW BUSINESS: 12. Resolution Adopting Assessment Roll for 2009 Nuisance Abatement. MOTION by Councilmember Bolkcom to adopt Resolution No. 2009-60. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. Resolution Adopting Assessment Roll for the 2009 Street Improvement Project No. ST. 2009-1. MOTION by Councilmember Saefke to adopt Resolution No. 2009-61. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. Resolution Certifying Certain Delinquent Utility Services to the County for Collection with the 2010 Property Taxes. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 18 Richard Pribyl, Finance Director, said all property owners have been notified that the utility bills are being certified to the County and have been given adequate opportunity to pay their bill. The penalty shown on this resolution is in addition to the regular penalties that accrue on the utility bills. The number and dollar value of accounts varies each year. We cannot be sure of the final count or dollar value until mid-November since property owners have until that time to pay without penalty. Councilmember Bolkcom asked about the discrepancy between the total active accounts and final billed accounts. Mr. Pribyl said the amounts were certified to the property because the people have moved out. Councilmember Bolkcom asked if there would be an opportunity to receive payments on foreclosed homes. Mr. Pribyl said those amounts would be certified. Historically, the City does end up collecting on those amounts. There will be a lien on the property and usually only a small percent is written off. Councilmember Saefke said some of the amounts are high, and asked if this was an annual payment Mr. Pribyl said yes. It is basically a 12- month period. Councilmember Saefke asked if the high amounts were for commercial property or apartment buildings. Mr. Pribyl said it is more than likely more than one dwelling. MOTION by Councilmember Barnette to adopt Resolution No. 2009-62. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. Approve Change Order No. 1 for Watermain Rehabilitation Project No. 386. Jim Kosluchar, Public Works Director, said this change order includes the work that was performed outside of contract or additional deductions. All the project funds come from the water fund. The main portion of the increase is related to new services for all properties. It is customary to install these, but it was held off as part of the original bid. These changes were made intentionally. There was an installation of greater depth to avoid other utilities. Anytime elevation is moved down, there is a larger impact on the surface. The last change was due to unsuitable material that had to be removed. Staff did not expect to have that quantity; some change was expected but not this much. The change is 18.7% of the original contract. About 10% is from intentional changes for added work. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 19 Councilmember Saefke asked what the project budget was. Mr. Kosluchar said $300,000. Councilmember Saefke asked how old the services were that were there replaced. Mr. Kosluchar said he did not have specific dates but estimated in the late 60's to early 70's. Councilmember Bolkcom asked why everything was not in the bid. This is 18.7% of the entire project and is a lot. She asked if these costs could have been foreseen. Mr. Kosluchar said staff could have taken less than half of the change order if they were more confident in the pricing. There was one item, the saw cut for $2,200, which was missed in the original bid. The soils are difficult to predict and more investigation could have taken place, but it is difficult to determine how much is too much. Staff learned some things during this project. Councilmember Bolkcom said we need to be careful and try to cut costs whenever possible. These items should have been bid in the project from the beginning. She asked about Anderson Car Wash and if staff should have known about that problem. Mr. Kosluchar said there was no record of that service configuration and he has never seen this before. It is very uncommon when service is wrapped around the main like that. Mayor Lund said the contractor did a terrible job with traffic control during this project. He thinks they should be reprimanded. Mr. Kosluchar said the items that are related to traffic control were intended to and did mitigate traffic control issues somewhat. MOTION by Councilmember Saefke to approve Change Order No. 1 for Watermain Rehabilitation Project No. 386. Seconded by Councilmember Bolkcom. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. Approve Memorandum of Understanding for the Reconstruction of the 45t'' Avenue Storm Sewer Outfall, City of Fridley Project No. 390; and Authorize Call for Bids and Funding for 45t'' Avenue Storm Sewer outfall, City of Fridley Project No. 390. Jim Kosluchar, Public Works Director, said in September, we were advised by Anoka County Parks staff of a storm sewer failure in Riverfront Park along the Mississippi River at a location just north of the Minneapolis Water Treatment Plant. A large trunk storm sewer that serves both FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 20 Fridley and Columbia Heights had collapsed near the river, and sloughing of the bank had occurred. Approximately 60 feet of the 96" corrugated metal storm sewer pipe had failed and had been crushed under the roughly 30-foot high bluf£ A remaining 60-foot section of corrugated metal pipe just upstream was inspected and found deteriorated beyond a point of repair. Just upstream of the latter segment, the pipe changes to 84" reinforced concrete pipe. Mr. Kosluchar said the pipe was constructed in 1965 in the approximate location of the e�tension of 45th Avenue. Staff found that there were several construction and maintenance agreements with the City of Columbia Heights for this storm sewer system, dating from 1965 and later. We contacted the City of Columbia Heights, and their Public Works staff has been very receptive to sharing in both the work necessary and the financial commitment to complete the required repairs. Since that time, we have been working with the City of Columbia Heights and other agencies to obtain permits, design, and obtain contractor pricing for necessary repairs. A restoration plan has been prepared under the direction of both Fridley and Columbia Heights Engineering personnel. Both cities have had staff involvement to minimize costs with survey work, permit applications, and intend to continue with construction staking and project inspection. Mr. Kosluchar said the staff from both Cities believe it appropriate and recommend updating the cost allocation agreement based on current contributing flows due to land use in the drainage area. In the interim, we are recommending to our respective City Councils tentative apportionment of costs between the two Cities for this emergency repair project per the most recent agreement. We have prepared a Memorandum of Understanding between the City of Fridley and the City of Columbia Heights to formalize this recommendation. Mr. Kosluchar said because the work is located in Fridley, City of Fridley staff is the lead agency and is administering design, permitting and construction of the repairs. Due to the immediacy of the repairs and the limited construction season remaining, we requested quotes from seven different contractors. Unfortunately, the quotes are much higher than the engineer's estimate, and above the threshold requiring competitive bidding. Mr. Kosluchar said staff requests that the City Council move to approve the attached Memorandum of Understanding with the City of Columbia Heights for the reconstruction of the 45th Avenue storm sewer outfall. In addition, staff requests that the City Council move to authorize a call for bids for City of Fridley Project No. 390 — 45th Avenue Storm Sewer Outfall Repair to be funded from the Storm Water Utility Fund. We anticipate having a recommendation for Council on the agenda for November 16. Councilmember Saefke said it is very unsafe to walk in the area and asked who is responsible for putting up a safety fence. Mr. Kosluchar said the County put up security fencing. Councilmember Bolkcom asked why they do not spell out what everyone owes. Mr. Kosluchar said there are three agreements and this is the most recent. The Memorandum of Understanding is saying that Columbia Heights will reimburse Fridley. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 21 Fritz Knaak, City Attorney, said if the parties agree to Exhibit A and there are significant changes thereafter, it would require approval by the parties. If there are changes that may require a change in cost share it does not impose on anyone. Councilmember Bolkcom asked why there was not a new Memorandum of Understanding stating what each person is responsible for. Mr. Kosluchar said he did not have all the information yet and staff was trying to get this project on a fast track. Mayor Lund said he did not see it as a problem. He asked if there was a timeline in place for inspection before this had happened. Mr. Kosluchar said the inspections are on a five-year rotation. This is a difficult location to get to and we were down there in 2007. MOTION by Councilmember Varichak to approve the Memorandum of Understanding for the Reconstruction of the 45th Avenue Storm Sewer Outfall, City of Fridley Project No. 390. Seconded by Councilmember Bolkcom. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY Councilmember Bolkcom asked if final numbers would be able to be reviewed before the contract is awarded. Mr. Kosluchar answered staff's goal is to provide this. MOTION by Councilmember Varichak to authorize Call for Bids and Funding for 45th Avenue Storm Sewer Outfall, City of Fridley Project No. 390. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 17. Informal Status Reports Councilmember Bolkcom said Saturday's Recycling Event was a success and about 40 people worked at the event. Mayor Lund said the Special Election is on December 8 and encouraged residents to go out and vote on the question. Councilmember Saefke said in reading the paper it looked like people had to register special for this election. He clarified that you do not have to do a special registration and can register the day of the election. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 26, 2009 PAGE 22 Mayor Lund said that all 13 polling locations will be open so go to whichever poll you voted at before. Councilmember Barnette said that the NorthStar Commuter Rail will have their grand opening ceremony on November 14 starting at 8:30 a.m. The trains will start to run on November 16. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 10:50 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor