02/14/2011 - 29392CITY COUNCIL MEETING
CITY OF FRIDLEY
FEBRUARY 14, 2011
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
Fritz Knaak, City Attorney
Darin Nelson, Finance Director
Layne Otteson, Assistant Public Works Director
John Berg, Fire Chief
Julie Jones, Planning Manager
Deb Skogen, City Clerk
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS
1. Claims (149666-149754)
APPROVED.
2. Licenses
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
ADOPTION OF AGENDA:
MOTION by Councilmember Barnette to approve the consent agenda as presented. Seconded
by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to adopt the agenda. Seconded by Councilmember
Saefke.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2011 PAGE 2
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM:
No one from the audience came forward.
PUBLIC HEARING
3. Consider Issuing a 3.2% Malt Liquor and Wine License to Naveen Shrestha of
Shrestha Group, d/b/a Himalayan Restaurant II, Locate at 765 53rd Avenue N.E.
(Ward 1).
MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and
open 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 OPENED AT
7:33 PM.
Deb Skogen, City Clerk, said the building is located at 765 53rd Avenue NE and was previously
licensed as India House. Mr. Naveen Shrestha is the applicant. The building is being leased to
Himalayan Restaurant II for a period of one year. The notice of public hearing was published in
the Fridley Sun Focus on February 3, 2011. Mr. Shrestha has paid all required license fees. The
restaurant facility serves up to 96 persons. Mr. Shrestha is in attendance this evening to answer
any questions you may have regarding the issuance of the liquor licenses. Staff recommends
holding the public hearing.
Mayor Lund asked how long the business has been open.
Naveen Shrestha, applicant, said they took over the space on January 1.
Commissioner Saefke asked if he was aware of the ratio of food to liquor.
Mr. Shrestha answered yes.
Commissioner Saefke asked about the one-year lease.
Mr. Shrestha said the landlord said this is a one-year lease with an e�tended option of five
years.
Councilmember Bolkcom asked if Mr. Shiresta had liquor licenses in other establishments.
Mr. Shrestha answered yes.
Councilmember Varichak asked what the hours of operation would be.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2011 PAGE 3
Mr. Shrestha said from 11:00 a.m. — 2:30 p.m. is the buffet and 4:30 p.m. — 9:00 p.m. are table
services.
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
7:35 PM.
4. Consider an Ordinance Declaring the North Half of Vacated 73 1/2 Avenue Excess and
Authorizing the Sale Thereof (Ward 2).
MOTION by Councilmember Varichak to waive the reading of the public hearing notice and
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
7:36 PM.
Scott Hickok, Community Development Director, said in November of 2010, Ashland Oil,
owner of the former Valvoline, at 7315 Hwy 65, received approval for the vacation of a portion
of 73 '/z Avenue, just north of their site. Ashland is in the process of selling that property to Mr.
and Mrs. Jim Uthe.
Mr. Hickok said in mid-December staff received a request from Mr. and Mrs. Uthe, requesting
the ability to purchase the north'/z of the vacated 73 '/z Avenue that reverted to the City when the
street was vacated. The Uthe's have determined that by acquiring this additional land, they will
have the adequate room they need to install a hard surface driveway, with a few parking stalls,
curb and the code-required screening and landscaping needed for their business.
Mr. Hickok said City staff has determined that this vacated right-of-way could be sold to a
private party as long as all the utility easements are retained. Mr. and Mrs. Uthe's are aware of
this condition and are agreeable to it. They have agreed to a selling price of the property of
$7,362.70, which is $2/sq. ft., which Mary Smith the City's Assessor determined was a fair
amount for the City to sell our portion of the vacated street. Mr. and Mrs. Uthe also understand
they will be in charge of all fees associated with the preparation of the purchase agreement,
closing costs and filing fees related to the sale.
Mr. Hickok said staff recommends the City Council hold the public hearing regarding the
potential land sale. Staff further recommends that the first reading of the ordinance be held on
March 14, 2011, if the purchase agreement is ready. If the purchase agreement is not available
for the March 14, 2011, City Council meeting, staff will recommend a postponement until all
necessary documents are ready.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2011 PAGE 4
Councilmember Varichak said there were issues with how they would enter and exit the
property and asked if that was changed.
Mr. Hickok answered no; the plan is to have parking on the south side and sales vehicles enter
on the north side. Parking will remain in the existing location.
Mayor Lund asked if staff has received any comments since the publication of the public
hearing notice, for or against the project.
Mr. Hickok answered no.
Mayor Lund said Mike and Al Schrader were concerned with vacating or removing the other
access point.
Mr. Hickok said the street is on the east side and so is access on to 73 '/z Avenue where other
businesses like the Schraders' business would take access. It is in the best interests of business
and fire emergency to have two ways to get in and out and there is no plan to take out that road.
Mayor Lund asked if there was a plan to combine the property on the east end and the salvage
yards making one large parcel which would close the east 73 '/z Avenue.
Mr. Hickok said that no formal application has been received in that regard.
MOTION by Councilmember Varichak 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
7:49 PM
NEW BUSINESS:
5. Resolution Authorizing the City of Fridley to Enter into a Connectivity Services
Agreement with Anoka County for Broadband Services and Authorizing the Mayor to
Execute Said Agreement
Darin Nelson, Finance Director, said staff was prepared to recommend Council authorize the
City to enter into a connectivity services agreement with Anoka County for broadband services.
Due to some last minute changes to the agreement, however, staff recommends Council table the
resolution until March 14.
Mr. Nelson said on December 14, 2009, Council passed a resolution supporting the efforts of
Anoka County to develop a broadband vision. Part of that vision included soliciting
public/private partnerships and Federal funding. Since that time, Anoka County has entered into
an Agreement with Zayo Bandwidth to construct a$19.1 million fiber optic backbone. Funding
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2011 PAGE 5
consists of $13.4 million from the Federal American Recovery and Reinvestment Act (ARRA),
along with Anoka County and Zayo Bandwidth each contributing $2.9 million.
Mr. Nelson said even though Fridley is only part of the overall project, laying a fiber network is
an expensive undertaking and a self-funded fiber project by the City would be cost prohibitive.
As part of the county-wide, federally subsidized project, the City stands to gain benefits far in
excess of its investment. These benefits include: High-speed connectivity to not only remote
city locations, but other locations such as Anoka County and the State of Minnesota; increased
collaboration between agencies allowing for more efficient use of applications, and enhanced
emergency services by creating 800MHz radio tower connections. There are community
benefits as well.
Mr. Nelson said this fiber network will be owned and operated by Zayo Bandwith, a private,
company, which will allow service to local businesses and homes. Having this type of
infrastructure in place can be a real engine for economic growth. Site locations within the city
include City Hall, the Public Works Garage, Springbrook Nature Center, the Community Center,
Fire Stations 1, 2, & 3, Commons Water Treatment Plant and various other County and School
locations. The Connect Anoka County project provides the City with an exciting opportunity to
increase the efficiency and efficacy of government, while also being a potential catalyst for
business growth.
Commissioner Kordiak, Anoka County Commissioner, said he is anxious to see each
jurisdiction in Anoka County participate in this project. The plan is to bring $20.OM or 250
miles of fiber to Anoka County at a reasonable fee and it will be good for all of us. The key is to
bring the agreement to conclusion.
Mayor Lund asked what the expected cost for the City's portion of this project would be.
Cindy Kevern, Information Services Director for Anoka County, said this is a$19.OM project.
The amount of $13.OM will be funded with grant funds, a match of 30%, 15% paid by a private
sector, and 15% paid by the County. The 15% paid by the County will be issued by bonds. The
County is looking for partners to participate in that and arrange in a fee charging method. The
estimated cost for 100 meg will be $75 per month and 1 gig of service $400 per month. Fridley
is looking at seven locations; three at 100 meg and 2 at 1 gig. The other two locations currently
are not connected and equipment will be put in those locations to receive connectivity later.
Mayor Lund said the monthly fees would be supported by bonds and not a big lump sum of
money would be due up front.
Councilmember Barnette asked about the advantages for the City.
Ms. Kevern said building fiber as the backbone through Anoka County would connect all
government entities; county, cities, school, fire, police, etc. This will give great service at a
reasonable rate, even below market rate. Some of the benefits to the community as a hole
include getting service to northern Anoka County residents where they are currently lacking
service. It will also help economic development.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2011 PAGE 6
Mayor Lund asked the IT Manager for the City why this is a good thing for Fridley.
James Erickson, IT Manager, said that Ms. Kevern covered a lot of advantages. Fridley does
have several remote locations where we do not have hi speed internet because costs are too high,
such as Springbrook Nature Center. This allows to inner-connect with other government
agencies like school districts, Anoka County and the State of Minnesota. The current service is
acceptable but there are slow connections to those entities. This will also create business growth
because businesses are looking for this. As far as savings for the City, the net cost will not be
completely offset but for remote areas, there would be a cost savings.
MOTION by Councilmember Bolkcom to receive into the record the four documents that were
received prior to the meeting. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
Councilmember Bolkcom asked about the agreement that was received today.
Mr. Nelson said it is an updated version and staff wants to make sure everything is covered
thoroughly which is why they are recommending tabling this item until March 14.
Councilmember Bolkcom asked if the fee for Zayo to come in and go through the property will
be waived.
David Minke, Deputy County Administrator, said that any fee to get from right of way into the
facility will be waived.
Councilmember Bolkcom said that there will be a fee for right of way access.
Mr. Minke answered yes.
Councilmember Bolkcom suggested listing names for contacts, not persons names as that will
change.
Mr. Minke said that could be changed but in most instances it is likely to have the chief elected
official as contact. It can be customized to each city.
Mr. Nelson said that can be revised for the ne�t reading.
Councilmember Bolkcom asked about the costs listed and how the expenses would be paid.
Mr. Nelson said that some expenses will be a shared expense with the school district.
Mr. Minke added that some sites will have multiple tenants and fees will be split among the
tenants.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2011 PAGE 7
Councilmember Bolkcom asked about the automatic renewal.
Mr. Minke said the provision would require affirmative action and a notice would be given upon
renewal.
Councilmember Bolkcom asked if the renewal request would come to Council for approval.
Mr. Nelson answered yes.
Fritz Knaak, City Attorney, said no formal review would be needed which makes it easier as
there is no need to renegotiate the entire agreement. Normally it would automatically renew
unless there is another provision.
Councilmember Bolkcom said the resolution reads "upon written agreement." She asked what
that meant.
Attorney Knaak said that is the agreement provision, which has to be in writing. The term is
for five years and can be renewed for an additional period of time.
Councilmember Bolkcom asked who has the authority to do that.
Attorney Knaak said there would be someone from both parties, on behalf of the City/County
for intent to renew.
Councilmember Bolkcom asked how the City would know it is up for renewal or when to
present any issues.
Attorney Knaak said staff would bring issues to Council's attention along with any renewal.
This language is similar to the language on leases with towers for cell phone agreements. The
Engineering Department would call it to Council's attention and normally agree to resolve and
renew.
Councilmember Varichak asked if what they were purchasing would be sufficient for what the
City's needs.
Mr. Minke said he could not guarantee but the beauty of fiber is that it can be scaled quite well.
Right now we have spec-out connections with what we think we will need in the ne�t 5-7 years.
William Burns, City Manager, asked if there would be a conflict with other franchises like
Comcast. He asked if Zayo would be selling commercial access.
Mr. Minke said question has come up and they are working to make this agreement not impact
what may already be in place with Comcast or other providers.
Dr. Burns asked about 4C where it states that Zayo would use equipment housed in the City
facility without any charge even though the equipment is on our property. In another section it
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2011 PAGE 8
states that the equipment would be replaced at our cost. He asked if the City's portion would be
a prorated share or the entire cost.
Mr. Minke said the City would pay the prorated share of the equipment in their facility. If it
was a shared location with the school, the rate would be prorated as well. Your service on your
site is dependent on your equipment.
Dr. Burns said the City is looking at a tower for fixed meter reading technology and was told
this system could be useful for that process. All tower locations have not been located yet. He
asked what would happen if a tower was needed where there is no linkage.
Mr. Minke said fiber could be run out to that location to connect. The City could work directly
with Zayo to run the fiber but there would be a cost.
Councilmember Bolkcom asked about repair and service calls. It says Zayo is available 24
hours a day, seven days a week She asked if they would need access cards to have access to the
building during nonbusiness hours. There may be issues with data privacy.
Mr. Minke said the agreement gives cities the opportunity to provide specific direction to access
sites. No codes or access is necessary. The revised copy details more specific information on
access.
Councilmember Bolkcom asked if people had internet problems at home what the response
time would be. Also what would the response time be for police and fire?
Ms. Kevern said the fiber is built so if there was a cut in the system wires it would still work.
Redundancy is built in the fiber. Anyone on the core ring would continue to work.
Councilmember Bolkcom asked if the fire station was cut if they would still run.
Ms. Kevern said the fire station is on the core ring so it would still work If repair is needed,
protected repair time is four hours, non-protected is eight hours.
Councilmember Bolkcom asked if four hours is good enough.
John Berg, Fire Chief, said right now we have lines coming into the station that deliver paper
copies of call information. They also have radios to get information.
Councilmember Bolkcom asked how many more cities have to review the agreement.
Mr. Minke said they are trying to accommodate as much input as possible. The Assistant
County Attorney will be working with the City Attorney and will wrap this up this week. Within
the ne�t week we will have the final agreement.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2011 PAGE 9
Commissioner Kordiak said this is an important opportunity and benefit for the City. The level
of connectivity will be cost effective and provide a far greater pipeline than what is in place
today.
Councilmember Bolkcom asked where people can go to find more information about this.
Ms. Kevern said to go to www. connectanokacounty. com.
MOTION by Councilmember Bolkcom to table this resolution. Seconded by Councilmember
Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
6. First Reading of an Ordinance Amending Chapter 205.23, Related to Purpose, District
Boundaries, Permitted Uses, Accessory Uses, Existing Uses, Excluded Uses, Lot Width,
Lot Coverage, Setbacks, and Refuse for Properties within the S-1, Hyde Park
Neighborhood Zoning District (Text Amendment, TA #11-04, by the City of Fridley)
Julie Jones, Planning Manager, said one of the action steps in the Comprehensive Plan was to
consider amending the Hyde Park zoning district to allow redevelopment of property with
existing multi-family housing to new multi-family housing. The Hyde Park neighborhood is
bordered by Main Street on the west, 61st Avenue on the north, University Avenue on the east
and 57th Place on the south.
Ms. Jones said staff is proposing to change the permitted uses section in the Hyde Parking
zoning code to match State Statues, which will allow any existing use to be rebuilt, however not
geographically expanded if it's considered non-conforming. Other modifications are also being
made to the te�t to update the code and make it easier to interpret and enforce.
Ms. Jones said the City Council held a public hearing on February 7, 2011, for TA #11-04 and
no recommendations were made to modify the proposed te�t. A public hearing was held at the
January 19, 2011 Planning Commission meeting, for TA #11-04. After staff's presentation and
receiving comments from the public, the Planning Commission made a motion to approve TA
#11-04. The motion was approved unanimously. City staff recommends the Council hold the
first reading for TA #11-04. The second reading is scheduled for March 14, 2011, unless
otherwise directed by Council.
Councilmember Bolkcom asked about waiting to approve this until after the neighborhood
meeting on March 7.
Ms. Jones said people may be more confused because the March 7 meeting is related to transit
and involves a larger area.
Councilmember Bolkcom asked who was invited to the March 7 meeting.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2011 PAGE 10
Ms. Jones said all 400 properties.
Scott Hickok, Community Development Director, said it is Council's decision whether to table
an item.
Mayor Lund said the March 7 meeting is related to Te�t Amendment, TA 11-03.
Councilmember Varichak thought that tabling this would be beneficial.
Councilmember Saefke said there will be two readings before an amendment takes place and he
agreed with Ms. Jones that people would get the two items confused. People who live in the
Hyde Park area may be confused with the language clean-up and the transit-oriented district
items. This is the first reading on this and it would only allow what is there to be rebuilt, not
changes to neighborhood. On the transit-oriented district with a multifamily home it can be
approved with a plan. The second reading could be delayed if needed but he did not think the
first reading should be tabled. He did not see any advantage to delaying the first reading. Once
people understand the differences between the two te�t amendments, they will be more favorable
on this one over the TOD. People need more education on the TOD.
Councilmember Bolkcom said a very small group of people are present and a lot of people
signed the petition. Usually after the first reading there are not a lot of changes to be made. To
delay the first reading would not hurt anything.
Councilmember Saefke said many people that were at the last meeting were opposed to the
TOD. For efficiency sake, he thought there was less urgency to pass the TOD than there was for
a te�t amendment.
William Burns, City Manager, said they are getting into the construction season and by passing
this earlier, residents may take advantage of the features of the ordinance.
Councilmember Varichak said she agreed with Councilmember Bolkcom to table this item
until after the March 7 meeting.
MOTION by Councilmember Bolkcom to the first reading of the ordinance. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE,
COUNCILMEMBER VARICHAK AND COUNCILMEMBER BOLKCOM VOTING
AYE AND COUNCILMEMBER SAEFKE VOTING NAY, MAYOR LUND DECLARED
THE MOTION CARRIED ON A 4-1 VOTE.
7. First Reading of an Ordinance Amending Chapter 205.24 of the Fridley Zoning Code
Pertaining to S-2 Redevelopment District Regulations (Text Amendment, TA #11-02, by
the City of Fridley)
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2011 PAGE 11
Julie Jones, Planning Manager, said the purpose of this ordinance is to recognize that there is a
fee for submitting an S-2 Redevelopment Plan, that HRA review does not need to be a written
report, and review does not need to be complete until the item is heard by City Council.
Ms. Jones said the Planning Commission held a public hearing on January 19, 2011, and City
Council held a public hearing on February 7, 2011. No changes were suggested. The Planning
Commission moved to recommend approval and staff concurs. If Council is satisfied with the
te�t as proposed, staff will proceed to put the item on for second reading on March 14.
MOTION by Councilmember Saefke to waive the reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
8. First Reading of an Ordinance Amending Chapter 11 of the Fridley City Code
Pertaining to General Provisions and Fees (Land Use Fees).
Julie Jones, Planning Manager, said the changes proposed include the following:
• Adding Comprehensive Plan Amendment fee
• Adding Master Plan (Application or Amendment) Fees
• Removing references to fees no longer applicable (construction trailers, yard waste gate
fees, town house development fees)
• Rewording SUP, adding "permit" & removing "City" on Vacations & add "Ri�ht-of-Wa�
or Easement"
Ms. Jones said an amendment to Chapter 11 does not require a public hearing, just a first and
second reading. This is the first reading. The second reading is proposed to be held at the ne�
Council meeting on March 14.
Councilmember Bolkcom said to add "application" to the amendments so the table would be
application and amendment for the master plan.
Mayor Lund asked if the City has ever charged for construction trailers to be on the job site
temporarily.
Ms. Jones answered no.
Councilmember Bolkcom asked if they needed permission to have a trailer on site.
Scott Hickok, Community Development Director, said they are allowed with a permit and they
need to make sure there are no visibility issues. The trailer would not be allowed without a
permit.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2011 PAGE 12
MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
9. First Reading of an Ordinance Amending Chapter 11 of the Fridley City Code
Pertaining to General Provisions and Fees (Rental Housing Fees).
John Berg, Fire Chief, said the goal of this ordinance is to provide enough revenue from rental
housing inspection fees to fund the rental housing inspection program. For the 2010 licensing
period, rental housing licensing inspection fees were raised by an average of 19%. Fee increases
were applied to the license fee for a dwelling as well as the fee for re-inspection. Revenue for
2010 increased by an estimated $30,000 or 27%.
Chief Berg said the City is currently subsidizing the program by an estimated $26,455. Once
again, the goal is to fund the program through the license fees and not subsidize the program
with property tax. Staff is recommending an amendment to Chapter 11 of the City Code that will
increase fees for multiple dwelling licensing by $25 for the base property fee and $2 per unit for
buildings over four units.
Councilmember Bolkcom asked that a change be made in the ordinance crossing out 10 and
keeping 12.
Councilmember Barnette asked if Fridley is in line with other cities.
Chief Berg said all cities charge differently, but we are in the ballpark Fridley is $100,
Columbia Heights $150, Blaine $100, Brooklyn Park $110 and Brooklyn Center $300.
Mayor Lund said even with the increase, Fridley is one of the lowest.
Councilmember Bolkcom said inspections need to be covered by fees because it should not be
the taxpayers' responsibility. Inspections need to be self-sustaining.
Councilmember Varichak asked how often properties are inspected.
Chief Berg said they are inspected every other year.
Councilmember Bolkcom asked if there was a complaint, would an inspection be done.
Chief Berg answered yes.
Councilmember Saefke asked if there has been a decline in resident and house fires because of
the inspection program.
Chief Berg said there have not been as many large structural fires as there used to be.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2011 PAGE 13
MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Saefke.
Paul Slesar, 44 Locke Lake Road, said he owns a duplex in the Hyde Park neighborhood, and he
also has a four-plex in Mahtomedi. Mahtomedi charges $57 and the property is looked at every
other year. He asked if Fridley could join efforts with other cities to save money on inspections.
Mayor Lund said the overall consensus is not to put a tax burden to other taxpayers. We need
the fee to pay for the inspection. We are in the ball park range, but there may be some cost
savings in sharing with other cities.
Chief Berg said in the budget portion of rental housing there is one full-time position but four
people do the inspections.
Mr. Slesar said some homes in the Hyde Park area have a lot of complaints with multiple police
calls. There should be e�ra fees added if police are repeatedly called to properties.
Councilmember Bolkcom said rental units can lose their license if they have problem tenants.
If there are enough issues in one complex, the landlord could lose his license.
Councilmember Saefke said there is a difference between calls for service and criminal
complaints. In 2010, 34 calls were made for a 16-unit complex and one person made 10 of the
calls. Many were not legitimate complaints. It is the Police Department's duty to respond to
any calls that come into 911. Many are medical, locked out, noisy neighbors etc. A call for
service, however, is not equal to a criminal complaint.
Mayor Lund said staff will continue to look for avenues to cut costs, but the best thing is for
landlords to maintain their rental properties.
William Burns, City Manager, asked if there was a charge for re-inspection and if owners are
penalized if they are not cooperative.
Chief Berg said there is not a charge for the first two inspections. The third time there is a$300
re-inspection fee.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
10. Approve Change Order No. 1 from Northwest Asphalt, Incl., for 61St Avenue
Rehabilitation Project No. ST 2009-02
and
Approve Payment of Estimate No. 5 from Northwest Asphalt, Inc., in the Amount of
$39,110.01
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2011 PAGE 14
Layne Otteson, Assistant Public Works Director, said this is the mill and overlay from Starlite
Boulevard to Central Avenue. The following is included: Utility upgrades including sewer,
water main, gas and fiber optic; curb and sidewalk repairs; and pedestrian ramp upgrades to meet
Federal and State accessibility requirements.
Mr. Otteson said the project was completed in August of 2010. Change Order No. 1 will
include the following: Replace additional concrete sidewalk; additional boulevard and yard
restoration (grading, topsoil, seed, and stabilizer); additional bituminous patching to the milled
surface (breaking up); and additional concrete sidewalk.
Mr. Otteson said during the design, staff anticipated allowance of retrofit exceptions would
continue. At beginning of the construction, the MnDOT field inspector informed staff that very
little exception would be considered. Staff inet with the MnDOT inspector on-site to identify
requirements. The following was needed:
■ Replaced sidewalk beyond planned limits but staff identified the minimum
sidewalk required
■ Additional Restoration
■ Adjacent yards required additional grading as the pedestrian ramp and sidewalk
were lowered to meet accessibility guidelines
■ All additional graded areas required topsoil, seed and stabilizer (mulch)
■ Additional Base Patching
■ Areas of the milled surface broke up under traffic
■ Exposed surface areas were broken up (alligatored) or were found to be thin
■ Located throughout the length of the project in isolated spots
Mr. Otteson said the contractor responded immediately in order to minimize "growth" of the
patch areas. In order to minimize, the Contract requires the contractor to pave within 5 days of
milling. The funding impacts include Change Order No. 1 for a cost of $38,510.37; and the
contract increases to $557, 171.23. This is paid using the City's MSA account. The MSA fund
balance in good shape (per JPK) and the City's apportionment of gas tax revenue. There is no
assessment impact and no general fund impact. The Federal funding (ARRA) is capped at
$262,500.
Mr. Otteson said the contractor, Northwest Asphalt Inc., was generally thoughtful, flexible, and
responsive. They revised their schedule around 49er Days without added expense to the City.
The project was completed as scheduled and they supported local businesses. Staff recommends
approval of Change Order No. 1 as presented and recommends approval of Pay Estimate No. 5
as presented.
Councilmember Bolkcom said more had to be done than originally thought.
Mr. Otteson said a few ramps went in and had to be removed and replaced. When this project
started 62 pedestrian ramps were installed; 40 were put in correct. Now staff understands
MnDOT's requirements.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2011 PAGE 15
MOTION by Councilmember Saefke to approve Change Order No. 1 from Northwest Asphalt,
Inc., for 61st Avenue Rehabilitation Project No. ST 2009-02 and approve payment of Estimate
No. 5 from Northwest Asphalt, Inc., in the Amount of $39,110.01. Seconded by Councilmember
Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
11. Informal Status Reports
Scott Hickok, Community Development Director, said the Home and Garden Show is scheduled
for Saturday, February 26. This show will be in conjunction with Blaine and Mounds View.
Councilmember Bolkcom said the East River Road Corridor Project meeting will be held on
March 3 at 3:00 p.m. and again at 6:00 p.m. There will be a Hyde Park neighborhood meeting
on March 7 at 3:30 p.m. and 6:30 p.m. in the Council Chambers.
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 9:45
P.M.
Respectfully Submitted,
Krista Monsrud Scott J. Lund
Recording Secretary Mayor