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06/13/2011 - 30003CITY OF COUNCIL MEETING CITY OF FRIDLEY JUNE 13, 2011 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:32 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 Scott Hickok, Community Development Director James Kosluchar, Public Works Director John Berg, Fire Chief PRESENTATIONS: Introduction of New Firefighters John Berg, Fire Chief, introduced Eric Arvidson and Jason Ortman. '49 Days Celebration (June 23-25, 2011). APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of May 23 2011 APPROVED. FRIDLEY CITY COUNCIL MEETING OF JUNE 13, 2011 PAGE 2 OLD BUSINESS: 1. Second Reading of an Ordinance Amending Chapter 128 of the Fridley City Code Pertaining to Abatement of Exterior Public Nuisances (Text Amendment, TA #11-06). William Burns, City Manager, stated the changes to Chapter 128 of the City Code make it clear that the Appeals Commission will hear appeals from those aggrieved by an order of a City Code Enforcement official. Council held the first reading of this ordinance on May 23. Staff made the wording changes requested by Council and recommends Council's approval of the second and final reading. WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1283 UPON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. Receive the Minutes from the Planning Commission Meeting of May 18, 2011. RECEIVED. 3. Resolution Approving a Plat, P.S. #09-04, Dahlke Industrial Park, by Greg Dahlke, for the Purpose of Creating Two Industrial Lots, Generally Located at 8170 Hickory Street N.E. William Burns, City Manager, stated Council approved the final plat for the creation of two industrial lots at this address in April 2010. Mr. Greg Dahlke, the owner of Dahlke Trailer Services, recently filed a plat with Anoka County but the County had not completed its review. While waiting for the County, he found a buyer for the northernmost of the two lots. The potential buyer likes the property, but he wanted to move the line 75 feet to the south. Staff has no problem with that adjustment as long as Mr. Dahlke moves the current line south and creates a 5-foot landscape buffer on the north side of the south line. The new owner of the northernmost lot, Metropolitan Transportation Network, will construct a 20,000-square foot office and dispatching center for buses. They will use the e�terior of the building for bus fueling and storage. The owner of the bus company expects to employ 100 people on this site. Staff recommends Council's approval of the revised final plat along with the stipulation relating to moving the curb and creating a 5-foot landscape buffer. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING OF JUNE 13, 2011 PAGE 3 4. Special Use Permit Request, SP #11-01, by Wireless Site Services for Sprint/Nextel; and Resolution Approving Special Use Permit, SP #11-01, for Wireless Site Services, Inc., on Behalf of Sprint;/Nextel, to Allow the Construction of a Tele- communications Tower and Accompanying Ground Equipment to be Installed on an Industrial Piece of Property Located at 8170 Hickory Street N.E., Owned by Greg Dahlke (Ward 3). William Burns, City Manager, stated Council approved this same request in 2008. Staff revoked the special use permit last year after discussions with Mr. Dahlke who indicated that Sprint was no longer interested in building the tower. This year, however, Sprint renewed its interest in building a 125-foot monopole telecommunications tower. They also want to establish a 20' x 30' fenced-in area for storage of equipment on the northwest side of the Dahlke property. Sprint is designing the tower to allow for three additional wireless carriers. The Fridley Planning Commission approved the request at their meeting on May 18. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 5. Resolution Authorizing the City of Fridley to Participate in the Multi-Jurisdictional Anoka County Hazard Mitigation Plan. William Burns, City Manager, stated this is a renewal of a plan that was approved by the State Office of Homeland Security and the Federal Emergency Management Agency (FEMA) in 2007. The re-examination of the plan is required in order for Fridley and other Anoka County cities to qualify for future federal disaster relief assistance and mitigation grants. The resolution before them allows Fridley to work with Anoka County to revise its hazard mitigation plan so it may be included in the County plan when it is reviewed in 2012. The plan will come back to Council for approval when it has been rewritten. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2011-27. 6. Claims (150866 — 1551144) APPROVED. 7. Licenses APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. FRIDLEY CITY COUNCIL MEETING OF JUNE 13, 2011 PAGE 4 8. Estimate APPROVED THE FOLLOWING ESTIMATE: Northwest Asphalt, Inc. 1451 Stagecoach Road Shakopee, MN 55379 Street Improvement Project ST2011-01 Estimate No. 2 ............................................. $375,212.55 APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked that Item No. 3 be removed. Councilmember Barnette asked that Item No. 4 be removed. MOTION by Councilmember Barnette to approve the consent agenda with the removal of Item Nos. 3 and 4. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item Nos. 3 and 4. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: No one from the audience spoke. NEW BUSINESS: 9. Resolution Approving Amendment to Agreement Number 54797 With the Minnesota Department of Transportation (45t'' Avenue Storm Sewer Outfall). James Kosluchar, Public Works Director, stated the City had a repair project that was initiated in 2009. It was completed in 2010 and part of that project required an allocation of costs between jurisdictions. Initially it was the cities of Columbia Heights and Fridley, and they got FRIDLEY CITY COUNCIL MEETING OF JUNE 13, 2011 PAGE 5 MnDOT involved. They have also had discussions with the City of Hilltop because they now drain to the 45th Avenue outfall. Mr. Kosluchar stated they are updating the agreement with MnDOT first. The agreement was completed initially in 1965, updated in 1978 with new cost allocation numbers, and since that time it has not been updated. One of the things they have talked about doing prior to finalizing the cost and distribution of costs for this project was to update to current standards. Looking at the numbers, the City of Fridley pays a little bit higher proportionate share and Hilltop is now in the equation. The amount Columbia Heights and MnDOT pays drops because the area that drains to the outfall was built out in Fridley. Mr. Kosluchar stated he is not absolutely sure because he has not confirmed this with the Highway Department but, in addition to that, looking through the records there are some drainage areas along I-694 that were rerouted more directly to the Mississippi River than through the 45th Avenue outfall. There is a different breakpoint along University Avenue that flows south to 45th Avenue and contributes to the outfall than what they had before. Mr. Kosluchar said the evaluations were based on current conditions. The consultant engineer, WSB, who has worked with Fridley and Columbia Heights, and MnDOT and their drainage engineers did an analysis. The essence of the agreement change is with the proportion of participation. They are asking MnDOT to update that agreement to include that proportion of participation. Councilmember Bolkcom asked if the resolution happens first and then after that is when they all get to pay the money. Basically, from the agreement Fridley's share has changed. Mr. Kosluchar said the 1978 version was 24 percent. We would now be at almost 30 percent. Councilmember Bolkcom stated now it says MnDOT and the agreement and before said "highway" so that is being changed out? Mr. Kosluchar replied correct. Councilmember Bolkcom asked Mr. Kosluchar if he feels comfortable that our numbers are higher. Mr. Kosluchar replied, yes. When they initially had the problem with 45th, they talked about the fact that Columbia Heights had a high percentage, more than 50 percent. Intuitively they kind of looked at the area right away and kind of said, well, they know it is between 60 and 75 percent. Mayor Lund stated in reviewing this, he did not notice anything from the County. Is there any County outfall from East River Road? FRIDLEY CITY COUNCIL MEETING OF JUNE 13, 2011 PAGE 6 Mr. Kosluchar replied, there is actually but it is not through the outfall. Surprisingly, they did not find a connection to the large pipe or the pipe that is under East River Road. The County's drainage actually drains to the south and then to the outfall on the Minneapolis Waterworks property. Councilmember Bolkcom asked how long would take. Mr. Kosluchar replied, it has to be approved by MnDOT. He said it could take around six weeks. MOTION by Councilmember Saefke to adopt Resolution No. 2011-28. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. Receive Plans and Call for Bids for Water Treatment Plant No. 3 Filter and Chemical Feed Improvements Project No. 405. Mr. Kosluchar stated they had planned on actually bringing this item to Council at the ne�t meeting but thought it might be prudent to bring this forward so they can move ahead. They are hoping to get permits back so that they can move ahead without any further State involvement. The Department of Health likely will not be permitting projects during the State's shutdown period. Mr. Kosluchar stated this project includes a normal wear and tear retrofit of Treatment Plant No. 3. It has been in the five-year Capital Improvements Plan since he started in 2007. The City had budgeted $300,000 for this project. Basically, they are going to replace the filter media, replace the chemical feed system as possible, and do some minor removal of paint to the backwash basin. It was put in long ago and does not seem to be serving good purpose at this point. The construction is estimated at $307,000, which is a little over our budget. They may modify some things in the specifications, such as some protection from debris. There are some items there they can do such as install some plastic sheeting ahead of the contractor to try and alleviate some costs. Overall, this project is in the Capital Improvements Plan for this year. They are asking that Council allow them to go out for bids for this project. Councilmember Varichak stated they are very close to the budgeted amount. She asked Mr. Kosluchar how confident he was with the estimate. Mr. Kosluchar replied, the estimate is very good. The bidding climate is good. He cannot say it is going to come in under $300,000. They have six or seven items in the Capital Improvements Plan for water this year and he does know at least one they anticipate is going to be substantially under budget at this point. Between now and any kind of bid receipt, they would work on that item and make sure no matter where they were, they would be able to accommodate it in the overall budget. That would be staff's recommendation. He does not think there could FRIDLEY CITY COUNCIL MEETING OF JUNE 13, 2011 PAGE 7 be a cheaper time to bid a project like this in the near future. Ne�t year things are going to pick up a little and it is going to get busier. MOTION by Councilmember Saefke to Receive Plans and Call for Bids for Water Treatment Plant No. 3 Filter and Chemical Feed Improvements Project No. 405. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Resolution Approving a Plat, P.S. #09-04, Dahlke Industrial Park, by Greg Dahlke, for the Purpose of Creating Two Industrial Lots, Generally Located at 8170 Hickory Street N.E. Councilmember Bolkcom stated Stipulation Nos. 2, 4, 6, and 8 are being removed because there are building plans for Lot 2 before the City now for review and approval. She asked whether they were done and if it had been reviewed and approved. Scott Hickok, Community Development Director, replied, yes, the permit is ready to issue. Councilmember Varichak asked if there was a time of completion for the project. Mr. Hickok stated they want to have it up and operational for the ne�t school year. They are on a very tight timeline. MOTION by Councilmember Bolkcom to adopt Resolution No. 2011-25. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Special Use Permit Request, SP #11-01, by Wireless Site Services for Sprint/Nextel; and Resolution Approving Special Use Permit, SP #11-01, for Wireless Site Services, Inc., on Behalf of Sprint;/Nextel, to Allow the Construction of a Telecommunications Tower and Accompanying Ground Equipment to be Installed on an Industrial Piece of Property Located at 8170 Hickory Street N.E., Owned by Greg Dahlke (Ward 3). Councilmember Barnette stated in 2008 when they talked about building the tower, he remembered the major concern from the people at Springbrook about building a tower of such a height and all the birds that were going to fly into it, etc. He asked if any further discussion on this has been held. FRIDLEY CITY COUNCIL MEETING OF JUNE 13, 2011 PAGE 8 Mr. Hickok replied this was the same group but at a different location. The location where the Springbrook people were most concerned about was at the industrial building at the very north end of that industrial park That did not get built because there were some earlier stipulations with that industrial building that had never been met, and the tower people did not want to meet those in order to build their tower. This location had been approved prior. Tonight their action of the plat moves the tower location a bit to the south. It comes in on the Dahlke Trucking portion of the site where the one that had been approved before was 75 feet north at its northern edge and that would have put it on the new bus garage property. It was moved south with that lot line. Councilmember Barnette asked if they had heard anything from anyone. Mr. Hickok replied, no. One of the reasons why is that it was moved just enough south that the height to this will just be over the tops of the trees. The site line was moved enough so that people will not really see it from the Nature Center. MOTION by Councilmember Barnette to adopt Resolution No. 2011-26. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURN. MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 8:08 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor