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04/25/2011 - 29397CITY COUNCIL MEETING CITY OF FRIDLEY APRIL 25, 2011 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:34 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 Jim Kosluchar, Public Works Director Donovan Abbott, Director of Public Safety Darin Nelson, Finance Director Pam Reynolds, 1241 Norton Avenue Sara Sangiovanni, 1568 Gardena Street PROCLAMATION: Poppy Days (May 20 and 21, 2011). PRESENTATION: Lona Schreiber introduced herself and said she was the new Met Council Representative for District 2. There are 16 seats which are all appointed by the Governor. There were 250 applicants and through a competitive process, the seats were appointed and sworn in on March 6. Representative Schreiber said she will serve on the Transportation and Environment Committee. She will work on metro waste issues in the environment. Other areas she will be involved with include regional parks, transit, and the comprehensive plan. Councilmember Barnette thanked Representative Schreiber for all the work she put forth for the Northstar Commuter Rail. Councilmember Bolkcom noted that the bus shelters in Fridley are not taken care of. There is trash all over and they are very run down. Also the bus shelter on Mississippi and East River Road were removed and only a two-week notice was given that they were going to be removed. She asked how people who use the shelter were notified they were being removed. She said they just wanted to make is safe for people who use the bus. FRIDLEY CITY COUNCIL MEETING OF APRIL 25, 2011 PAGE 2 Mayor Lund said recently he has heard complaints about the unsightly shelter on University Avenue. Council has asked for volunteers to clean it up. Councilmember Barnette mentioned the chain link fence area. He said it was hard to keep that up. The City tried to get the fence taken down by the state and was unsuccessful. Councilmember Bolkcom said MnDOT used to mow the area on University. It would cost the City around $34,000 to mow that area. The City has less money to work with because there is no LGA so we do not mow that area and MnDOT does not mow it either. CONSENT AGENDA: APPROVAL OF MINUTES: Local Board of Appeal and Equalization Meeting of April 11, 2011. APPROVED. City Council Meeting of April 11, 2011. APPROVED. NEW BUSINESS: 1. Claims (150263 — 150552). APPROVED. 2. Licenses. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. Estimate: Colt Construction 285 Forest Grove Dr., Suite 126 Pewaukee, WI 53072 85th Avenue Trail Project No. ST 2007-4 FINAL ESTIMATE ....................................................................... $ 44,528.28 APPROVED. FRIDLEY CITY COUNCIL MEETING OF APRIL 25, 2011 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked to remove the licenses. Pam Reynolds, 1241 Norton Avenue, had a question on Item 3. In July of 2009, the cost was $800,057.44. She asked what the total project cost was now. Jim Kosluchar, Public Works Director, said this is the final estimate. There have been no change orders for several months. This is the final payment. MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of the Licenses. 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 the Licenses. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Councilmember Bolkcom asked about Locke Lake and if the levels were going up. Jim Kosluchar, Public Works Director, said the water levels were at normal height this morning. OLD BUSINESS: 4. First Reading of an Ordinance Amending Fridley City Code, chapter 506, Vehicle Parking near Mailboxes and Chapter 901 Penalties (Tabled March 28, 2011) MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Don Abbott, Director of Public Safety, said staff originally presented this issue to Council at their March 28 meeting. After discussion, Council tabled the item for revision by staff. Staff is recommending an ordinance prohibiting parking that obstructs or interferes with the delivery of U. S. Mail during mail delivery hours. FRIDLEY CITY COUNCIL MEETING OF APRIL 25, 2011 PAGE 4 Chief Abbott said staff originally presented ordinance language prohibiting parking within 10 feet of curbside mail boxes between the hours of 8:00 a.m. and 5:00 p.m., Monday through Saturday. After hearing from a resident and following discussion, Council directed staff to research neighboring cities with Code sections that simply prohibit parking that obstructs mail delivery and excludes legal holidays. Staff contacted representatives from both Blaine and Spring Lake Park and learned that their Code sections adequately address the issue of missed mail deliveries due to vehicle parking in their cities. Chief Abbott said staff drafted new ordinance language which is presented for first reading. This revised language makes it a petty misdemeanor violation to park a vehicle so that the pickup or delivery of U.S. mail is obstructed or interfered with during the hours of 8:00 a.m. and 5:00 p.m., Monday through Saturday, exclusive of Federal holidays or other days designated as non- delivery days by the U. S.P. S. This language would automatically exclude Saturdays from enforcement should the Postal Service discontinue Saturday delivery at some point in the future. This language also requires that a violation only occurs when mail delivery is actually obstructed. Therefore, once mail delivery has occurred for the day, no violation is committed by parking near or in front of a mailbox. Chief Abbott said staff recommends the first reading of the ordinance. Councilmember Bolkcom asked if someone was parked in front of a mail box and they did not get their mail and the car is still there, if they could call the police and the person could get a ticket. Chief Abbott said they would need to have proof that the vehicle was parked there and was the one that prohibited the mail delivery. Police would have to know through a witness or admission which vehicle was the one that prohibited delivery. The language is similar to the snowbird ordinance regarding snow removal. Councilmember Bolkcom said someone cannot call the police at noon to report a car in front of the mailbox. The mail has to not be delivered correct? Chief Abbott said the parked car has to obstruct or interfere with mail delivery. If the postal carrier walks around the parked car to deliver the mail, it would not be a violation because they received their maiL Most postal carriers, however, will drive right by and not deliver the mail. Councilmember Bolkcom said she was comfortable with the new language. It was a nice compromise. She said she was not sure how this would work If it does not work, the language may need to be stronger. Mayor Lund said Council will receive phone calls if the language becomes too restrictive. This could pose a hardship in some neighborhoods and there are corrections that can be done to make multiple mailboxes so this would not be so restrictive on some streets. MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL MEETING OF APRIL 25, 2011 PAGE 5 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 5. Consideration of Livestock License Request by Sara Sangiovanni, 1568 Gardena Avenue N.E. (Ward 2) Scott Hickok, Community Development Director, said staff received an application request to allow a chicken coop in a residential property for up to six chickens. The current livestock ordinance does allow this type of request. This is one of the nicest and complete applications received to request anything in the animal section of the code. It is important to have the chicken coop 30' from any property line. In this case the coop is 60 square feet with a small portion for chickens to stay and the rest is a screened in yard area. The chickens would never be running free outside of the coop. Mr. Hickok said this property backs up to the Innsbruck Nature Center and the plot is long which provides ample opportunity to put up this coop. The application even specified which type of chickens they want. All the chickens they are considering are breeds that do not make noise. They do not intend to have roosters. After reviewing the application, all code requirements are met and staff recommends approving this license. Councilmember Varichak asked what the maximum number of chickens they could have was. Mr. Hickok said the ordinance does not list a maximum, but the request is for up to six chickens. Based on the size of the coop, six is a reasonable number. Councilmember Varichak asked what would happen if there was a seventh chicken. Mr. Hickok said there will be no roosters so it is not likely to happen. The license is reviewed annually, so if there is a seventh chicken, the livestock license would not be renewed. Councilmember Varichak asked if staff heard from any neighbors. Mr. Hickok answered no, this variance does not require a mailing because it meets all requirements. If neighbors do complain and problems arise in the first year, Council may choose not to renew the license. Councilmember Varichak asked if there was a chance that critters or other animals would try to get to the eggs or chickens. She wondered if neighbors would be fearful of other animals coming into the area. Mr. Hickok said that the coop is designed to keep the laying area off the ground and is screened in to keep out unwanted predators. FRIDLEY CITY COUNCIL MEETING OF APRIL 25, 2011 PAGE 6 Councilmember Barnette said this is a similar request to the pigeons on Rice Creek Road. To date, no complaints or concerns have been made from any neighbors about the pigeons. Mr. Hickok said that is correct, staff has not received any complaints about the pigeons. The racing pigeon license is up for renewal and it looks like there was an expansion to the original building so they may have to bring the building to compliance before that license is renewed. Councilmember Varichak noted she did not see the word fowl in the code and asked if it needed to be added. Mr. Hickok said that fowl is defined in the livestock definition; it further describes that some animals need an acre per head but that does not include fowl. Councilmember Bolkcom said she was concerned about the odor and it going into compost. She wanted to make sure the smell would not be a problem with neighbors. Sara Sangiovanni, 1568 Gardena Street, said she does not want it to smell either. There will be proper ventilation and it will be cleaned frequently. The coop is designed with an easy drawer to open to clean out the droppings. This will be cleaned out frequently to keep the odor away and the chickens healthy. Councilmember Saefke asked what the life expectancy was of a chicken. Ms. Sangiovanni answered two to three years. Councilmember Saefke asked where the chickens would go after two to three years. Ms. Sangiovanni said they would go to a processing plant or her father's farm. Councilmember Saefke asked where the chickens came from. Ms. Sangiovanni answered a local farm. Mayor Lund asked Ms. Sangiovanni to be neighborly. Ms. Sangiovanni said she would and her neighbors will get free eggs. Councilmember Bolkcom noted that the license needs to be renewed annually and any complaints will be brought forth to Council. Councilmember Varichak noted a correction on page 22 under manure removal; "ad will mulch material" should be changed to "and will mulch material". MOTION by Councilmember Varichak to approve the Livestock License Request by Sara Sangiovanni, 1568 Gardena Avenue N.E. Seconded by Councilmember Bolkcom. FRIDLEY CITY COUNCIL MEETING OF APRIL 25, 2011 PAGE 7 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Licenses. MOTION by Councilmember Bolkcom to approve all licenses on pages 13 and 14. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to table the Livestock License for racing pigeons for Andy Zheng, until the City Council meeting of May 9. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. First Reading of an Ordinance Creating Chapter 205.33 0-8 of the Fridley City Code Pertaining to Northstar Transit Oriented Development Overlay Zoning District Regulations. Scott Hickok, Community Development Director, said at the last meeting Council continued this reading. Public testimony has been taken and no modifications have been made since the last meeting. Staff is recommends Council's approval. Mayor Lund noted that Ms. Reynolds sent an email and he responded. He clearly understands her concern. Council has heard from enough people who were against this or fearful it would harm the neighborhood, but others have come forward saying a change is needed and are very optimistic. There has been zoning in place for the last 30 plus years, and not a lot of redevelopment has happened to improve the area. We will not know for quite some time if what we are doing today will be a success or not. Councilmember Bolkcom said people seemed concerned about the number of rental properties and a lot of the areas need help. Many landlords are absent from the buildings and there is concern that more rentals will come into the area. This may not spur rental to change in the near future, but hopefully will bring about a good change. She appreciates everything that was heard from the neighborhood; this is a unique neighborhood with special zoning. Councilmember Varichak cautioned the City to be careful about what kinds of things are brought to the area as a protection to Hyde Park The City wants good plans and good development. We need to make sure to take care of what is in Hyde Park and to stay somewhat true to what the area is. Councilmember Saefke said this TOD will be beneficial to the City as a whole. There are places between there and the river that will need some major upgrades and there is no one coming around to do it. It will be better that the properties are more attractive which will be FRIDLEY CITY COUNCIL MEETING OF APRIL 25, 2011 PAGE 8 better for the clientele who live there. If something can be built with the same amount of density and make it into townhomes or some other owner-occupied building that would be even better. Council takes to heart the comments from the public hearings and special meetings. This is primarily for the benefit of the people in the neighborhood, not for the Northstar Station; that is secondary. People are afraid of change but had the City not changed through the years, this would still be a rural area. The reality is we are not going back to that. The metro area has grown and people want to live close to their jobs, bus, train, light rail etc. where they can walk, bicycle or use other means of transportation to get to where they need to go. Councilmember Barnette agreed that this will be a good tool for the city. We have all been here long enough to see how Fridley has grown. The City needs redevelopment and people need to trust Council to make good, positive decisions for all of Fridley. In the ne�t few years, projects will happen that will change Fridley in a good way. 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. 7. First Reading of an Ordinance Amending Chapter 11 of the Fridley City Code Pertaining to General Provisions and Fees. Scott Hickok, Community Development Director, said the creation of a Transit Oriented Development (TOD) District will require changes to the fees found in Chapter 11. These additions include the $1,500 TOD application fee and a$500 fee that may be paid in lieu of landscaping requirements. Councilmember Bolkcom said that people have to pay $500 and have a landscape design. Mr. Hickok said that is correct; the plan has to be reviewed and approved. 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. 8. Receive Bids and Award Innsbruck Water Main Lining Project No. 397. Jim Kosluchar, Public Works Director, said this project is a 12" water main on north Innsbruck Drive. Three main breaks have happened in this area in the past three winters. Repairs are expensive due to the large main and concrete street. This is a cooperative project for water main rehabilitation with the Cities of Golden Valley and Hutchinson. Trenchless cured in place pipe liners will be installed with a process similar to the sewer main lining. A newer technology will be used in this area. FRIDLEY CITY COUNCIL MEETING OF APRIL 25, 2011 PAGE 9 Mr. Kosluchar said there will be minimal disruption. Excavation pits along the main will be lined. Individual water services require no excavation. The liner is impregnated on-site with epoxy resin and is then pulled in place through the host pipe. Service connections are reinstated robotically. This project meets NSF/ANSI Standard 61 and is a stand-alone structural liner. Mr. Kosluchar said this project was originally bid in August of 2010 and was over budget so the bids were rejected. The City of Golden Valley completed one segment last fall. The remaining project segments were rebid in April 2011. Three bids were received and Fer-Pal Construction USA, LLC, of Taylor, Michigan, was the low bidder. The cost for all segments is $1,174,755.72 and Fridley's project total is $346,057.00. This is $5,000 under budget. Mr. Kosluchar said the project was completed for the CIPP lining segment for the City of Golden Valley in the Fall of 2010, and they did provide a positive reference. Fridley's segments will be done first. A preconstruction meeting will be held ne�t week Construction is likely to start in May and be complete in late June. Notices will be distributed upon City Council action. Mr. Kosluchar said Golden Valley is considering this award at their May 3, 2011, meeting. Staff recommends approval of the award to Fer-Pal Construction USA, LLC of Taylor, MI, in the amount of $1,174,755.72. Councilmember Bolkcom asked who Fridley would pay. Mr. Kosluchar said Fridley would make payments to Golden Valley per the agreement. Councilmember Bolkcom asked if the amount Fridley will pay should be part of the motion. Fritz Knaak, City Attorney, said Council can be specific if you want. Mr. Kosluchar said staff is recommending going ahead with the project at this price and is comfortable with the contractor. Councilmember Bolkcom said usually Council reviews and awards a specific amount, this is an unusual request. The bid came in at $5,000 under budget; she asked if the bid is pretty accurate and if staff felt comfortable there would not be many change orders. Mr. Kosluchar said that everything cannot be predicted and staff is aware we are very close to the budget. Councilmember Bolkcom said this project is similar to others that have had overruns. Mr. Kosluchar said a past project where the water main was televised sent cameras out and robotic to cut the pipe. The robotic cutter did not hit the ratio so the surface had to be dug out. In this project that allowance was eliminated and the contractor will have to pay if there is a cost for digging. FRIDLEY CITY COUNCIL MEETING OF APRIL 25, 2011 PAGE 10 Councilmember Varichak asked if Hutchinson has agreed to do their project this year. Mr. Kosluchar answered yes. MOTION by Councilmember Varichak to award the 2011 Trunk Water Main Pipe Rehabilitation Project, including the City of Fridley Innsbruck Water Main Lining Project No. 397, to Fer-Pal Construction USA, LLC, of Taylor, Michigan, in the amount of $1,174,755.72 with the City of Fridley's project total of $346,057.00. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. Approve Cooperative Agreement Between the City of Minneapolis and the City of Fridley Regarding Bicycle Parking Project. Jim Kosluchar said the Transit for Livable Communities (TLC) project is to fund bicycle racks in selected metro cities. The pilot communities were invited to enroll in the BWTC Bike Parking Program. Rachel Harris, Environmental Planner and SHIP coordinator, attended the enrollment meeting where the program was presented. The program provides a guaranteed amount of funding to each eligible community that elects to participate. Fridley is one of 15 eligible entities ($4,200). Approximately 30 to 40 racks and hardware can be purchased depending on the types selected. Mr. Kosluchar said that staff has prioritized eligible locations as follows: 1. City facilities, including parks; 2. Schools; 3. Other government entities (such as the Anoka County Library); and, 4. Private businesses It appears most of the bike racks, if not all, will be utilized in Categories 1 through 3. Mr. Kosluchar said if remaining racks are available, candidate businesses will be contacted by staff. The responsibility for installation is the grantees and must be installed by October 31, 2011. The racks must remain in place for five years. Mr. Kosluchar said the City of Minneapolis offered to act as the fiscal agent for this project. The attached agreement authorizes the City of Minneapolis to purchase materials on behalf of the City of Fridley. This enrolls Fridley in the program. Councilmember Bolkcom asked what the City had to do if the bike racks needed to be relocated. Mr. Kosluchar said Minneapolis would need to be alerted because they have done all the purchasing. If Fridley has no place for the bike rack they would need to return the rack to Minneapolis. FRIDLEY CITY COUNCIL MEETING OF APRIL 25, 2011 PAGE 11 Councilmember Bolkcom asked how staff decides how many bike racks are needed and where they will be located. Mr. Kosluchar said staff had not looked at specific locations prior to Councils approval. Councilmember Bolkcom asked what the process is to install the bike racks and to let Minneapolis know where they are located. Mr. Kosluchar said that site photos will need to be submitted to Minneapolis along with a packet. There are needs for bike racks throughout the City of Fridley. Councilmember Bolkcom asked if all schools will be included or just District 14. Mr. Kosluchar replied all schools will be included. Rachel Harris has contacted the schools. Councilmember Bolkcom asked who has priority, the parks or schools. Mr. Kosluchar said city-owned property would be first. Councilmember Bolkcom noted it says the racks had to be installed within 30 days of receiving them. She asked if this was enough time to install the racks. Mr. Kosluchar said there is plenty of time to prep between the time the bike racks are ordered and received. Councilmember Bolkcom asked when the bike racks would be delivered. Mr. Kosluchar said there is a wide range as to when the racks can be ordered. Councilmember Bolkcom asked if the City would be paying for the prep work at the schools. Mr. Kosluchar said locations outside of the City are responsible for prep and have to agree to pay for the prep work before receiving a bike rack. Councilmember Barnette asked if the schools were aware of this. Mr. Kosluchar answered yes. Councilmember Varichak asked what the difference was between the prices of the bike racks. Mr. Kosluchar said that different racks and styles have different prices. Also some bike racks work better in certain locations than others. MOTION by Councilmember Barnette to approve the Cooperative Agreement Between the City of Minneapolis and the City of Fridley Regarding Bicycle Parking Project. Seconded by Councilmember Varichak. FRIDLEY CITY COUNCIL MEETING OF APRIL 25, 2011 PAGE 12 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. Informal Status Reports: Councilmember Bolkcom said the recycling drop-off event on April 16 went very well. She thanked all who helped. There was a record of 630 vehicles dropping off items including 86,700 bulbs and three truckloads of electronics. Councilmember Varichak appreciated those who came and waited patiently. The ne�t recycling event is in the fall in October. Mr. Hickok said the Earth Day litter pick-up was held last weekend. People did a great job cleaning up the parks. Councilmember Varichak said the StarGazers in Fridley event is on May 7 with dinner at 5:30 and a program at 7:30. Councilmember Varichak said a waffle breakfast is scheduled for May 1 at the Community Center as a fundraiser for `49er Days. 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 9:30 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor