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12/08/2008 - 6170> 1� -- _ , �� FRIDLEY FRIDLEY CITY COUNCIL' MEETING OF DECEMBER 8, 2008 7:30 p.m. - City Council Chambers ALtendance Sheet PL�iASS PR/MT NAM� A�DRFSS AND ITFM NUMBSR YOU ARF /NTBRFSTFD /N P��tt N�me (Glesrly� Address Item Na, /�0 3 � a�v e J i° c� n, Ye � � CITY COUNCIL MEETING OF DECEMBER 8, 2008 �ffY �F FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. BOARD OF CANVASS Receive and Certify the Amended Statement of Canvass from the General Election of November 4, 2008 ....................................................................................................... 1 - 5 ADMINISTRATIVE HEAR/NG Abatement Appeal of Wayne and Kellie Liepke, 1634 Gardena Avenue N. E. (Ward 2) ....................................................................................................... 6 - 7 CITY COUNCIL MEETING APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of November 10, 2008 City Council Meeting of November 17, 2008 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Approve Extension for Special Use Permit, SP #05-03 and Variance, VAR #05-14, by Kinghorn Company for Woodcrest Baptist Church, to Allow an Expansion of an Existing Church in an R-3, Multi-Family Zoning District, Generally Located at 6875 University Avenue N.E. (Ward 1) ....................................................................................................... 8 - 9 2. Approve Submittal of the City of Fridley's Draft Wellhead Protection Plan to the Minnesota Department of Health for Approval .................................................................. 10 3. Approve Change Order No. 1 for the Commons Park Water Treatment Plant Improvements, ProjectNo. 379 ............................................................................................... 11 - 13 4. Resolution Authorizing an Increase in Compensation and Changes in Certain Benefits for the 2009 Calendar Year ............................................................... 14 - 15 5. Claims ....................................................................................................... 16 6. Licenses ....................................................................................................... 17 - 24 ADOPTION OF AGENDA: FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 3 OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. PUBLIC HEARING: 7. Consideration of the 2009 City of Fridley Budget............................................................................................................ 25 - 26 NEW BUSINESS: 8. Approve Change Order No. 1 to Miscellaneous Concrete Repair Project No. 375 .................................................................... 27 - 28 9. Approve Change Order No. 2 to 2008 Street Improvement Project No. ST. 2008 — 1 ............................................................ 29 - 31 10. Approve Change Order No. 3 to 2008 Street Improvement Project No. ST. 2008 — 1 ........................................................... 32 - 34 11. Informal Status Report .................................................................................... 35 ADJOURN. � � �ffY �F FRIDLEY T0: FROM: AGENDA ITEM CANVAS BOARD MEETING OF December 8, 2008 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR DEBRA A. SKOGEN, CITY CLERK SUBJECT: AMENDED CANVAS REPORT OF 2008 GENERAL ELECTION DATE: November 26, 2008 On November 10, 2008, the Canvas Board certified the results of the general election held Tuesday, November 4, 2008, for the offices of Mayor and Councilmember-At-Large. A small clerical error was discovered after the certification under the result for Mayor. The under votes were actually reported as over votes and the over votes were reported as under votes. A correction has been made and Attachment 1 is the Amended Statement of Canvass for your re-certification. 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Burns, City Manager Members of the Fridley City Council Commission Scott J. Hickok, Community Development Director Hearing Regarding Liepke Abatement at 1634 Gardena Avenue On Monday, December 8, 2008, the City Council is being asked to fulfill an important role. Code Section 128 provides for a hearing process, if the City seeks to abate a nuisance matter on private (or private nuisance on public) property. Both, the City Charter and local ordinances first empower the Fridley Appeals Commission to act as the hearing officer; to render their opinion, when there is a matter of disagreement between City staff and a resident on one of these abatement matters. The Fridley Appeals Commission heard this matter on September 10, 2008, and concurred with staff that an abatement commence on the Liepke property at 1634 Gardena Avenue. Once the decision was rendered by the Commission, the petitioner had 20 days to appeal the decision to the City Council. They complied with the statutory timeline and are entitled to a hearing before the City Council. The purpose of this letter is to describe the role you are being asked to fill in this regard. Council's meeting will convene at its normal meeting time of 7:30PM. Council will consider this item where a service presentation would normally be given at the beginning of the agenda. This item is an appeal, not a public hearing. Because hearings of this type are a quasi-judicial matter, the Mayor will be asking each presenter to swear to the authenticity of the testimony, before they make their presentation. Like in court, you will ask the presenter to raise their right hand and to: Swear that the testimony that you provide will be the whole truth and nothing but the truth. Once sworn in, the presentations will feel very much like those you hear for other land use requests. First, staff will make its presentation. In this case, David Kondrick and Scott Hickok will each make a presentation (Hickok first). Each will be sworn in individually at the time that they are ready to begin their testimony. Council can ask questions of each presenter, after their presentation has been completed. Once staff concludes its presentation, the petitioner will need to be sworn in and then asked to make its presentation. Once their presentation is complete, staff should be given the floor for rebuttal and then the petitioner should be given an equal opportunity for rebuttal. Each is already sworn-in, so that step does not need to be repeated. One rebuttal segment each side (staff and petitioner) is typical for a hearing of this nature. After testimony has been heard, Council should render its decision. A written copy of the finding of fact will then be prepared by staff and signed by the Mayor as final documentation of the appeals matter. A copy of that final signed document will be mailed to the petitioner. Receipt of this document by the petitioner concludes the appeals process (unless the petitioner chooses to pursue other legal remedy). CITY COUNCIL MEETING CITY OF FRIDLEY NOVEMBER 10, 2008 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 Scott Hickok, Community Development Director James Kosluchar, Public Works Director Richard D. Pribyl, Finance Director Julie Jones, Planning Manager Fritz Knaak, City Attorney PROCLAMATION: Homelessness Awareness Month — November, 2008 BOARD OF CANVASS Receive and Certify the Statement of Canvass from the General Election of November 4, 2008. Richard D. Pribyl, Finance Director, said Mayor and Councilmember-at-Large were the only two local offices on the ballot. State law requires that the City Council must canvass the results within seven days of the election. There were a total of 15,276 registered voters when the polls opened. Another 2,972 registered on Election Day. We had 14,351 registered voters cast a ballot in the City. The voter turnout in this election was 78.6 percent. In the general election in 2006, there was a 64 percent turnout. For mayor, Scott Lund had 7,955 and Pam Reynolds had 4,437. There were over votes of 1,886, 1 under vote, and 72 write-ins. For councilmember-at- large, Bob Barnette had 6,541 and Rick Wolfe had 4,983. There were over votes of 2,752, 3 under votes and 72 write-ins. Mr. Pribyl said staff recommends Council receive and certify the results of the election. Due to the results of the senate race between Norm Coleman and A1 Franken, Anoka County will be participating in a statewide recount. City staff will be involved with Anoka County in the recount which is to be conducted on November 19, 20, and 21. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 2 Councilmember Saefke asked what an over vote and under vote were. Mr. Pribyl replied an over vote is voting for both candidates for the same office, and an under vote is not voting at all on that particular race. MOTION by Councilmember Bolkcom to receive and certify the results of the general election of November 4. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADMINISTRATIVE HEARING Abatement Appeal of Wayne and Kellie Liepke, 1634 Gardena Avenue N.E. The hearing was not held as the petitioners were not present. Mayor Lund asked City Attorney Knaak if the hearing should be postponed until the regular agenda to see if the petitioners appeared. Attorney Knaak said it would be the appropriate approach. Councilmember Bolkcom asked if the petitioners were aware of the meeting and that their hearing would be first on the agenda. Scott Hickok, Community Development Director, said petitioners were aware of the meeting, and that it started at 7:30 p.m., and at that time the letter was sent, the agenda had not been set. Councilmember Bolkcom asked whether they had any other communication with them. Mr. Hickok replied, they have not. CITY COUNCIL MEETING APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of October 27, 2008 APPROVED. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 3 OLD BUSINESS: 1. Second Reading of an Ordinance Adding a New Chapter to the Fridley City Code: Chapter 8. Criminal History Background Investigations for City Employment and Licensing. William Burns, City Manager, stated this item was requested by the Bureau of Criminal Apprehension. It covers us for employment and licensing background investigations. The ordinance establishes terms, conditions, and processes for these investigations. Staff recommends Council's approval. WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1255 UPON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. Resolution Regarding the Disposition of Certain Tax Forfeited Lands, Pursuant to Minnesota Statutes, Section 282.01, Located Within the City of Fridley, Minnesota (Ward 3). William Burns, City Manager, stated staff recommends the City purchase two parcels from the County's tax forfeit roll for the price of $100 each. Those parcels are part of Glencoe Park and Riverview Heights. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. Resolution Authorizing Changes in Appropriations for the 2008 Budget for August Through October, 2008. William Burns, City Manager, stated most of the $54,230 represents expenditures for the Police Department reimbursement money. The amount of $20,000 has been transferred from the General Fund to the Police Activity Fund to cover the cost of the officer we are going to loan to the DEA Drug Task Force. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2008-52. 4. Resolution Appointing the City of Fridley Alternate to the Six Cities Watershed Management Organization. William Burns, City Manager, stated staff recommends the appointment of Jerold Bahls to this position. ADOPTED RESOLUTION NO. 2008-53. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 4 5. Approve Change Order No. 1 for 2007 Street Improvement Project No. ST2007-3 (Quiet Zone Project). William Burns, City Manager, stated the $1,438.55 change order was for a driveway adjustment on 77th Way that was necessary to accommodate the eventual third rail for the Northstar Commuter Rail. Staff recommends Council's approval. APPROVED. 6. Approve Antenna Site Lease Agreement Between the City of Fridley and the Metropolitan Council. William Burns, City Manager, stated this agreement was drafted by Met Council and is consistent with other lease agreements needed to serve the Northstar Commuter Rail. It allows communication on the platform as well as to and from the security cameras. It provides for three antennas, power supply, cabling, and control panels. These items will be installed at the Commons Park elevated water storage tank This is for a public purpose. We are agreeing to $500 a year and an agreement that expires in 2013. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 7. Claims (139079-139290). APPROVED. 8. Licenses APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 9. Estimates Standard Sidewalk 10841 Mankato Street N.E. Blaine, NIN 55434 2008 Miscellaneous Concrete Project No. 375 Estimate No. 4 ................................................ $ 8,190.18 Midwest Asphalt 5929 Baker Road Suite 420 Minnetonka, MN 55345 2008-1 Street Improvement Project Estimate No. 6 ................................................$396,492.91 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 5 Hardrives, Inc. 14475 Quiram Drive Rogers, MN 55374 2008 Street Improvement Proj ect No. 2007-3 Estimate No. 3 ................................................$ 9,522.78 APPROVED. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked that Item Nos. 2 and 6 be removed. MOTION by Councilmember Barnette to approve the consent agenda as presented with the removal of Item Nos. 2 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 approve the agenda with the addition of Item Nos. and 6 from the consent agenda. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Les Schimelpfenig, 6390 Ashton Avenue NE, said he was requesting a light at the end of Ashton as it turns and becomes 64 '/z Way. There is a dark area that has no light. The street has a 90-degree turn right at the corner where you do not expect one. There should be a street light there. There is a post with power to it on the corner. They have lived there for four years, and someone has taken out the street sign twice from turning too short. Mayor Lund stated he will ask City staff to look at that intersection and make some recommendations. A1 Stahlberg, 8055 Riverview Terrace, said a while ago in the City paper, it mentioned that there are so many garbage pickup companies driving on City streets, that staff thought maybe they were tearing up the streets and reducing their life span. At the citizen forum, someone said a survey was sent out and it indicated that some people really like their garbage hauler. If the streets are getting damaged, they should divide the City up, put out bids, and have one company in each section. He thought they could have about three different sections. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 6 Mr. Stahlberg stated he lives by Riverview Heights Park and noticed Chemlawn signs in the park. He asked why they need to do that at the park It gets mowed all the time, and the weeds do not have much of a chance. If the City can afford to fertilize it, why don't they have the money to plow the paths in the winter? Mr. Stahlberg stated the City is talking about possible tax increases. Considering the economic situation, does the City really need to give employees a 3.5 percent raise. There are many people that are losing their jobs or having their wages reduced, but we generously gave them a cost of living raise of 3.5 percent. If we have to set budgets, maybe we should cut something there. Payroll is generally one of the biggest items in the City budget. Mayor Lund stated he will respond and staff can also send him a written letter in response. As to Mr. Stahlberg's first point regarding garbage haulers, he was a little selective in some of that response that was given at that citizens' forum. If we do go out for bids and start using a single hauler and start charging people on their utility bills, we are now in the garbage collection business. Some people do not pay their utility bills now to the City. They could probably save money and the streets if they if they did have a single hauler. There are pros and cons, and he brought up both sides of those points in the debate. The garbage hauling business has been brought up on at least two occasions in the eight years he has been mayor. It has not gone through for various reasons. At some time down the road it will probably be looked at again. Mayor Lund said regarding fertilizing the parks and plowing the paths, it has been in the budget on more than one occasion, but has always lost out when they prioritize. While it is great to have recreational asphalt trails, we just do not have the ability right now to pay for plowing them. Mayor Lund stated, regarding the cost of living raise, this is one of the many budget items Council looks at every single year. He thinks it is justified. It is 3 percent, not 3.5 percent. Councilmember Barnette said for social security, they are getting a 5.6 percent raise. William Burns, City Manager, stated it appears from information from most of the school districts that property taxes are actually going to be going down, not up. Councilmember Bolkcom asked Mr. Kosluchar to give Mr. Stahlberg a breakdown on how much it costs to do the weed killing versus the snowplowing. She thought it was a pretty significant difference. PUBLIC HEARINGS: 10. Consideration of the Assessment for Street Improvement Project No. ST. 2008 — 1 (Continued October 27, 2008). MOTION by Councilmember Barnette to remove the item from the table. Seconded by Councilmember Saefke. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 7 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING REMOVED FROM THE TABLE AT 7:55 P.M. Richard Pribyl, Finance Director, stated the proj ect assessment pertains to the concrete curb and gutter portion of the 2008-1 project. There were 328 properties in this project, and the total assessed cost of this project is $625,571.31. There is an assessment period of ten years, with an interest rate of 6.5 percent. James Kosluchar, Public Works Director, stated the 2008 project was in four different areas of the community. The term they use is "leftovers" but they are areas that still have bituminous curb and gutter and they needed to replace that. There are multiple assessment categories in this project. There is R-1/R-2 frontage which is typically residential property. They are subject to a curb or pavement assessment depending on whether new curb was installed or whether they had existing concrete curb and just pavement installed. Then there is non R-1/R-2 frontage. Typically this is commercial or industrial property. They are assessed 100 percent of the project cost to the center line of the roadway. There is also non-assessable frontage which is typically areas that are adj acent to state or county right-of-ways or adj acent to community facilities that are public access, such as wells, water towers, etc. Mr. Kosluchar stated for the residential R-1/R-2 assessment on curb and gutter, calculations are based on the length of the adjusted front footage, which is measured 35 feet from the front property line for each benefiting property. Concrete curb assessment includes work associated with the installation of concrete curb, including removal, excavation, installation, and restoration. There is also indirect curb and gutter assessment. This is for areas that are adjacent to residential property but not located along frontage, such as side lots of residential property. The quantities for these are included in the total cost and shared by all the residential properties on the project. Mr. Kosluchar stated the next category, residential assessment for pavement maintenance, is pavement only if concrete curb and gutter has been installed on the property. The property is assessed for pavement maintenance in accordance with the 2006 policy of the City Council. It includes removal and replacement of asphalt. The assessments are based on a residential street width, regardless of the width of the street, so they are limited. Mr. Kosluchar stated there are non R-1/R-2 assessments. Everybody refers to these as commercial. The terminology is not quite accurate but it is easier to say commercial. The calculations again are based on the setback of 35 feet from the front of the property line, and the assessment is for 100 percent of the actual cost including removal, excavation, installation, and restoration during reconstruction. Mr. Kosluchar stated for non-assessable work, there were some areas along Highway 65 and East River Road that were not assessed. Also utility work, water, sewer, and park work is not assessed under this project. Mr. Kosluchar presented an example of how they break down the assessment type for a proj ect segment. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 8 Mr. Pribyl stated staff recommends that the public hearing be opened and testimony be taken from any of the property owners wishing to speak on this topic, and then the hearing closed. There is a resolution for Council's approval later in the agenda. Councilmember Bolkcom asked if the proj ect was finished. Mr. Kosluchar stated the project is substantially complete. There are some items that need to be taken care of for final completion, but Council has the prerogative to set the assessment based on estimated final costs. Notices did go out with the higher per foot assessment for the curbing, and they were adjusted down. Part of the reason was because they had additional final quantities that they were able to take into account. Councilmember Bolkcom asked, so essentially other than the second coat on an area, every street has been paved. Mr. Kosluchar replied, that is correct. Councilmember Bolkcom asked what the next step would be. Mr. Pribyl replied after the resolution is adopted, they will send out a courtesy letter to each of the individuals involved. They will have a 30-day prepayment period in which to make that payment, interest free. After that, interest does accrue, and will be included on the property taxes for next year. Councilmember Bolkcom thanked Mr. Hughes for coming forward and meeting with Mr. Kosluchar and Mr. Otteson and working on some of those figures. It is her understanding it is right now at $17.46. Mr. Kosluchar replied that is correct for the curb assessment. Donna Grimm, 5422 Madison Street NE, stated she shares a residence with Carol Johnson. They had their curb and the apron done. They had no sewer done and they had nothing done in their yard that would indicate anything new was put in. The gas company did come and put a line in, but the gas company would not charge them. They did not get nor could find any notification before any of the work got done that they were even going to be in a position to have to pay anything. They did not see much supervision with the contractors because they left several times to go to other projects, leaving the streets in a mess. With not knowing where to park at times, it was a struggle. She saw new curb being put in. She asked why they were not notified the grass would be torn up. She asked why they put in the new apron. She thinks they should have been notified as to how much they would have to pay for this, because it does make a big difference financially. She said they are asking for relief if they are made to pay this. She asked that an amendment be made for low-income people and people on social security, that those residents be allowed to take the time to repay this without interest. They are already unable to pay most of their bills and have to make arrangements. She watched what was going on in front of her home, and did not see a lot really going on. It did not seem to be worth it. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 9 MOTION by Mayor Lund to receive a letter dated October 15, 2008, requesting relief from Donna Grimm and Carol Johnson. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Lund asked staff about notification and if there was a neighborhood meeting. Mr. Kosluchar replied there was. There was also a preliminary assessment notice that would have gone out in November of last year and there were some notifications during the project. Ms. Grimm should have received several communications. Ms. Grimm stated they did ask questions as the work was being done, and it seemed like it was a private contractor who was also there talking to them about doing their whole driveway. She thinks 6.5 percent over ten years is quite a bit. She asked for relief from the City Council and that Council think about not having the 6.5 percent interest for people who are on social security and fixed incomes. Mayor Lund stated he wanted to make sure Ms. Grimm understands that they do receive notification. They have had opportunities to come to the neighborhood meetings. The City tries to minimize the inconveniences. Although they are public streets and it is a City project, they hire private contractors. He asked when Council approved the proj ect and let it out for bids. Mr. Kosluchar said he believed they went out for bids at the end of February and awarded the proj ect in early April. Mayor Lund stated the water or sewer main coming to Ms. Grimm's house is her responsibility. The part that she is being assessed for is the concrete curb. He asked if she got new concrete curb. Ms. Grimm replied, yes. Mayor Lund stated excavation, getting rid of the old asphalt, some sod work adjacent to the curb and other side and some granular and fill material are things related to the curb. Councilmember Bolkcom asked Ms. Grimm whether she received any of the letters. Ms. Grimm stated they have had problems with their mail. Councilmember Bolkcom asked if she received the last letter relating to the assessment. Ms. Grimm replied her understanding from her sister was that she did not receive anything. Sometimes her sister throws things out without her being able to see what it is. So if that has occurred she apologizes. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 10 Councilmember Bolkcom asked Ms. Grimm if at any time she called the City to ask to talk to anyone from Public Works once she knew something was going on with the project. Ms. Grimm replied no. Councilmember Bolkcom stated in her past experience with all the street proj ects, they are very good about putting notices in people's front door. She asked if she had spoken to anyone. Ms. Grimm replied, they never talked to anybody from the City. They just talked to the workers. Councilmember Bolkcom asked Mr. Pribyl what the process was for disabled people, senior citizens, or people on limited income. Mr. Pribyl replied in 1995 the City Council addressed this issue by resolution. They do have a process for a deferral of special assessments but it does have income qualifications and other requirements, such as they need to be 65 years of age or older, owner is retired by virtue of permanent or total disability, they have to make application, and the City has to review their qualifications. Somebody who feels they qualify for something like this also has a 30-day period in which to apply after the certification of the assessment roll. Councilmember Bolkcom told Ms. Grimm she can contact Mr. Pribyl and discuss this matter with him. Mayor Lund stated this is just a deferral. Mr. Pribyl stated it is a deferral, and it is interest bearing. At some point in time when there is a transfer of this property, it will have to be paid off. Ms. Grimm asked if this was the only way it could be resolved. Mayor Lund replied, either that or the other opportunity is to spread it over the ten years. Ms. Grimm asked if there was any other way. Mayor Lund replied not unless they forgive that but if they granted her an exception, they would have to do it for everyone else who asked. After the certification she has 30 days to make an application. Ms. Grimm asked where she would need to go to do that. Mr. Pribyl asked her to give him a call. Ms. Grimm asked if that was for forgiveness of the debt. Mayor Lund replied that is for deferral. If she qualifies, it would be deferred payment until such time the property was sold. At the time of the sale, the amount due would have to be paid. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 11 Mayor Lund said in her letter requesting relief she refers to the amount of $1,609.60. He asked where she got the dollar amount. Ms. Grimm said they received a notification for this meeting and the number was on it. They got the letter with the mistake stating Gardena. Mayor Lund said the certification is going to be $1,396.80 or about $213 less than what she thought it would be. Doug Becklin, 1405 Onondaga Street NE, asked for clarification of his standing in this matter. Mr. Kosluchar stated it is his understanding that he is not on the assessment roll. He sent a letter on Friday in response to Mr. Becklin's letter. If he would prefer to allow himself to be under this assessment, then he would need to do the waiver. If he prefers to go through the hearing process, they will initiate that separate from this hearing. Mr. Becklin stated he had a number of communications from the City telling him that he should be here but the second to the last communication had a waiver that if he signs the waiver to participate in this assessment then he is barred from having his grievance heard. Mayor Lund stated if he signs the waiver allowing for an assessment tonight, then he can certainly discuss his assessment here. Mr. Becklin stated it said he agrees to waive the right for a public hearing. William Burns, City Manger, stated Mr. Becklin's property was not on the original assessment roll sent out in November of last year. As they were designing the project, they noticed the pavement on the street did not align correctly, and they needed to extend the project's expected limits past a portion of Mr. Becklin's property. The street was resurfaced and the curb was laid in front of a portion of his property, and he is liable at some point for assessment. However, because he did not receive the pre-assessment notice in November of last year, he has the option of waiting until next year to be assessed. If he would like to be assessed now, he can sign a waiver and incorporate this assessment into this year's project. There is no interest penalty for waiting. Mr. Becklin asked why he was not informed at the time it was determined that he was going to be liable for some of this work. Mayor Lund asked when he got his first notification. Mr. Becklin said it was the letter that was in error dated October 13. A couple of days later he got a corrected letter with the new date. He wanted to know how the figure he got assessed was calculated. He had issue with the measurements they took. He measured it, and then the City some time later measured it and they found that his number was right and their measurement was wrong. This whole process has been very unpleasant for him. He said he is still confused FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 12 because there was sewer work done at that intersection also. His original thought was the portion that was repaved was dug up because of a sewer repair, not because of a pavement proj ect limits. Mr. Kosluchar stated the plans were developed and finalized sometime in early February. At that time they failed to recognize that Mr. Becklin would be subject to an assessment. It was their error in not notifying him at that time. Mr. Becklin is only subject to the pavement assessment. He is not subject to the curb assessment. They had actually more pavement in the plans than they ended up constructing, and they cut that back a little. It was not due to any sewer work Although they did some storm sewer improvements because the street was open, they did not affect the proj ect. Mr. Becklin said there was also sanitary sewer work done there. Mr. Kosluchar said there were some adjustments made to castings and manholes at the intersection. Mr. Becklin stated he assumed that was done so they could make it easier to pave. Mr. Kosluchar replied correct. Mr. Becklin stated, and it happens quite frequently. Mr. Kosluchar responded, yes. Mr. Becklin said a hole was dug down to the sanitary sewer in front of his house. Mayor Lund stated, before they get any further into this discussion, that is one of the purposes of the waiver, so that we can discuss this to see about how much or what is correct to certify for his particular interest. Mr. Becklin stated, but the waiver says he is not allowed to participate in the public hearing if he signs it. Mayor Lund stated, he is correct. Because he did not get the first notification early on in November, that by waiving it, then we can discuss it. It is just the opposite. He asked attorney Knaak at what point they could discuss this matter with Mr. Becklin. He thought the waiver was so they could place him on the assessment roll so they could discuss his issues. Attorney Knaak, City Attorney, replied, but as a practical matter he is allowing the City to assess him early. Presumably you do not do that unless you have been fully informed as to what is going on. That can happen at a public hearing, although usually in a case like that, it happens when you talk to City staff and determine whether you want to do it or not. The City cannot assess you in this hearing because of compliance issues, etc., unless he agrees. The purpose is not to make you ignorant. This would not be part of the usual and ordinary assessment process, which in Mr. Becklin's case if there was one, it would have to occur next year at the earliest. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 13 Mr. Becklin replied, he is totally confused. Councilmember Bolkcom asked Attorney Knaak, if Mr. Becklin says he is fine with the assessment but wanted to ask some questions, that is okay because he is here before them tonight even though he was not on the original assessment roll. Attorney Knaak replied, if he comes in right now and wants to talk about the assessment, has not signed the waiver yet, they could certainly talk to him about it. He can get his questions answered, sign the waiver, and it would be done. Mr. Becklin said he got three letters saying he was supposed to be here. The fourth letter had the waiver. Councilmember Bolkcom asked Mr. Becklin whether he was okay with giving expressing his concerns. Mr. Becklin replied, the biggest concern he has is the work on the sanitary sewer. He has frequently watched City Council meetings, and it seems there are utility repairs and subsequent street repaving or repair that the property owner is not responsible for. He thought the sanitary sewer and the manhole work was just to make it easier to pave. However, the sanitary sewer was also dug in front of his house and something was done there. Subsequently he was told it was to repair some access for a neighbor or neighbors, but it was happening in front of his property. So that is why he thought it was originally dug up. Mayor Lund stated he understands. He asked Mr. Kosluchar what the distinction was. Mr. Kosluchar replied the distinction is that the project is a street improvement project. There was curb and gutter involved on Onondaga up to and very close to Mr. Becklin's property. He was in the proj ect limits. He was not in the proj ect limits for any purpose of the utilities. As a matter of fact, the project limits were reduced by about 18 feet in front of his property. So there were other factors determining excavation there that dictated the limits of the proj ect. He can defer to Layne Otteson who is present at the meeting. Basically they wanted to cut it off at the intersection. They wanted to tie in new pavement and the elevations matched very well by doing that. Layne Otteson, Assistant Public Works Director, stated Mr. Kosluchar is correct. When they designed the project, they previously stopped short of the intersection but had to go into the intersection to make things work They could have stopped short, but there would probably have been a bump through there, and it would not flow well. They needed to go into the intersection and it led to doing pavement replacement in front of his property. They already had the preliminary assessment hearing, and at that time they could not add him to the preliminary assessment roll without having a proper public hearing. He actually met with Mr. Becklin at his home to discuss a rain garden, and they talked construction at that time. The property owner was aware that the work was taking place because they discussed putting a rain garden in his property and putting a curb cut in. What they did not discuss was any assessment, and the property owner FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 14 is correct on that. He did not want any misconceptions that the property owner was notified prior to October 13 . Mr. Otteson stated if he remembered correctly they had sanitary sewer services dug for a neighbor, and they had to have a service repair. This is typical throughout their project because they send a letter out to all the residents finding out if they are having an issue with their sanitary sewer. When they do a construction project, and take the pavement off, that is the time when they want to dig down, make any repairs, or have the residents have the opportunity to hire their own plumber and make a repair. This saves the resident several thousands of dollars on pavement patching. There is a manhole and what is typical in our street projects is on top of a sanitary or storm sewer manhole there are concrete rings. When we do our proj ects, they are pretty much all deteriorating because of salt and 40-50 years of vehicles. They take them down several feet, bring them back up with new concrete rings, and put the casting back on top. When that happens there is excavation involved when the main is being excavated and cars cannot pass through there at that time. Councilmember Barnette asked when all the sewer work and everything is done, that is just assessed back to the total project, is it not? Mr. Otteson replied, correct. Councilmember Barnette asked, not directly to the homeowner. Mr. Otteson replied, correct. Councilmember Bolkcom asked again the street in front of Mr. Becklin's property would have been done anyway because of the bump and the fact that it would not flow right. The big issue here is they did not catch it in November and that is why it was not on the assessment roll and that is why he can either choose to do the assessment or they can do the assessment next year and put it in next year's proj ect. Mr. Otteson replied correct. The idea behind the assessment waiver is he can sign it and be added to this assessment roll. Later if Onondaga is milled and overlaid, that homeowner will get credit for 42 feet in front of his property so he will not have to pay for the full 80. He will pay 38 in the future. That is the reason for signing the waiver. Mayor Lund stated won't he still get that next year if he waits. Mr. Otteson said they would be going through the public hearing process. Mr. Becklin had indicated several weeks ago that he wanted to pay and be done with it. He even said he would write a check out but he wanted the correct distance. He said they verified the measurement and the customer measurement was correct. Mr. Becklin stated he did get a letter offering to put in one of these rain gardens and Mr. Otteson came and talked to them about it. One of the specific questions he asked him was, because this was being offered to people who are in the project, why is he getting a letter and it is being FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 15 offered to him and he is not in the project. Mr. Otteson said he was close enough to the project that he would squeeze him in. Mayor Lund said Mr. Becklin did not get the required notice. He can certainly wait until next year and get his public hearing at that time before the assessment. Mr. Becklin asked, regarding the statement that the streets would not line up, how is it that the curb and gutters line up and there was no change in elevation on his curb and gutter? Why is there a street misalignment? He thought the comment does not make sense. Mr. Kosluchar replied, sometimes it can be an adjustment of the crown. One possibility is your street is highest at the centerline and the existing pavement had a greater crown or a higher slope. They have to transition through that to make sure that things are flowing and smooth. Another is that the surface was too rough, pitted, and could have been cracked. They may have looked at it and said there was enough deterioration of the pavement where it would start to hold water or water would get under the new pavement, and that is a little ways down the street from Mr. Becklin's house. Mr. Becklin said it appears that he cannot argue with them. He has done his best and he will pay it. Mayor Lund asked him what he wanted the City to do. Mr. Becklin said he still maintains the pavement in front of his house was dug up because there had to be repair or work done on the sanitary sewer. Why his neighbors are hooked up to the sanitary sewer in front of his property is beyond him. Mr. Kosluchar said he could not answer that question because he did not have the plans in front him. He can tell him that there was 60 feet of pavement that was supposed to come out in front of his property and that 42 feet was replaced. That leads him to believe that there was not excess utility excavation that caused excess pavement removal. Dr. Burns asked Mr. Becklin if he was content to be on next year's assessment with no interest. Mr. Becklin stated he did not want to pay any of it because he felt it was a sanitary sewer repair. Dr. Burns said he does have an option to contest the assessment next year and he can take it to district court and contest it there. MOTION by Councilmember Bolkcom to receive a letter from Mr. Kosluchar to Mr. Becklin dated November 7, and a letter from Mr. Becklin received on November 7, relating to the assessment appeal. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 16 Councilmember Bolkcom asked Attorney Knaak if Mr. Becklin does not sign the waiver if he was included in the resolution. Attorney Knaak replied, no. Jim Kostick, 5744 Jackson Street NE, stated he was at the meeting on behalf of his father, Donald Kostick, whose address is 588 54th Avenue NE. He was part of the assessment on 54tn Avenue having the curb and gutter and street laid. This year they had numerous problems with his property when they were laying the driveway, but they have been resolved. The front sidewalk was laid but it is not the way it originally was. They laid the sod on Friday and with two hard frosts he does not know how that is going to take. He asked if it does not come back in the spring, if the City would be out to replace the sod again. He said he wanted to have it on the record because of all the problems they have had. The yard was not replaced the way it was taken out. Mayor Lund asked what he meant. Mr. Kostick said they rolled the driveway too late and they had to tear it back out and re-lay it again. Regarding the front sidewalk, they removed the bottom step of the sidewalk. When they put it back in, it looks like they ran out of cement, put a seam in it, and put the rest of it down. There are two slabs on the bottom step. There is no reason for the seam to be there because it is not that big of a slab. Also, when they did the cutback of the dirt, because of how much lower the curb went, it had actually tipped. The dirt sloped too much. His dad has a riding lawnmower, and the lawnmower would have cut the dirt. They scaled it back to level it out. They only sodded along the cement and last Friday they came and finished it. So there are two lanes of grass now. Mayor Lund asked if they cut it back further. Mr. Kostick said they did cut it back further and leveled it out so it will accommodate a riding lawnmower. Councilmember Saefke asked Mr. Kosluchar if there is a one-year warranty on sodding, etc., on these proj ects. Mr. Kosluchar replied, he is not sure of the term of the warranty but he does know about 30 growing days, and then there is a review and inspection with the sod company. Those growing days are not going to happen this year and will happen in the spring. At that time, there will be an initial walkthrough prior to the warranty period even being established. Councilmember Bolkcom asked what the resolution was on the sidewalk and steps. Mr. Kostick stated his dad is not happy with how the sidewalk looks. It is not the way it was. Councilmember Bolkcom asked Mr. Kosluchar why the sidewalk was not replaced the way it initially was. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 17 Mr. Kosluchar replied the resolution would be to remove and replace the panel. Councilmember Bolkcom asked if that sounded reasonable. Mr. Kosluchar said he believed the contractor should have made it that way. He would like to look at it. They have had their inspector look at it. He does not know whether it has been discussed with the contractor at this point. Councilmember Bolkcom said there should be a conversation with the contractor, and we should make it the way it was before unless there is some good reason for it. Mr. Otteson stated he will be going on Wednesday morning to look at it. He was not aware of the concrete work If it is not right, it will get ripped out. The grade of the street changed a little bit, but it should not be anything that we cannot resolve. They may have to take back maybe a little more sidewalk. He will review it Wednesday morning and get back to the homeowner. Les Schimelpfenig, 6390 Ashton NE, stated his son owns the property he lives in and paid the assessment based on the original figure. Richard Pribyl, Finance Director, said he would check to see if a payment was received. Mr. Schimelpfenig stated his son's name is Paul. He thanked the Council for following up on as many things as they have. The Fridley workers are really nice guys and really do good work. Dick Berganini, 6596 Pierce Street, stated he has no issue with the amount of the assessment. He has two problems, one of which he discussed with Layne Otteson which involved the curb holding water. The water did not run down the street. They tore it out, but the new contractor put the curb in the same way the old one was so they still have the water. The other issue is the business of the crown on their street. There is a puddle there. He presented a picture of it and he said he thought it should be fixed. Mr. Otteson stated he was just recently told about the water in the middle of the road. It sounds like there might be a little bit of a grade issue or settlement. They will monitor it this winter. However, on brand new jobs they do not want to see that and it is unacceptable. They may end up with a patch. Mayor Lund stated they are talking about two issues, the puddle in the middle the street, and also along the curb where it puddles and they actually replaced it once already. Mr. Otteson said that is something they will review in the spring. They may be doing a little work there, and there may be some street patch required. MOTION by Councilmember Barnette to close the hearing. Seconded by Councilmember Varichak. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 18 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED FROM THE TABLE AT 9:03 P.M. 11. Consideration of Public Comments on the City of Fridley's Draft Wellhead Protection Plan (Phase 2). MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 9:05 P.M. James Kosluchar, Public Works Director, stated the Wellhead Protection Plan rule is related to Minnesota Statutes administered by the Minnesota Department of Health and associated with the Federal Drinking Water Act and the Minnesota Groundwater Protection Act. Fridley's process has involved the Anoka Wellhead Planning Group. There was a Joint Powers Agreement with Anoka County, and there were ten cities were working together to complete this plan. The City completed Phase 1 some years ago. Mr. Kosluchar stated the purpose of wellhead protection is to provide a method to provide against well contamination and protect drinking water sources. It is designed to prevent rather than remediate the contamination of groundwater and to educate the public about the connection between surface and groundwater pollution and supply protection. This is a mandatory requirement for a city of our size. This is not in response to any action that the City has taken in the past. He presented a draft of the drinking water source monitoring area and its vulnerability. Mr. Kosluchar said this is the second step. We have a draft and have submitted it for comment to several agencies and the public. The vulnerability assessment is intended to determine the degree of risk that land uses may have on the quality of groundwater, guide the amount of effort needed to conduct an inventory of potential contaminant resources, and help define measures for controlling potential contaminated sources. Part of our goal in this plan is education--to notify property owners and residents of the location and make them aware of the drinking water supply management area, and to educate residents and businesses regarding proper handling, use, and storage of disposable hazardous material within this area. With Fridley having such a strong industrial base, this is something that we need to pay particular attention to. Mr. Kosluchar stated management of other wells is part of the goals, including cooperating with the Minnesota Department of Health management program to seal all abandoned wells within the City's drinking source management area. Due to Fridley's age and maybe the era and status of utilities and available water at the time, the City of Fridley has an extended number of private wells. One of the larger tasks that City staff has is to monitor and try to obtain closure of those private wells over time. That is a long-term goal. Mr. Kosluchar stated contaminant sources are regularly updated, and they try to keep an inventory of what is going on in the area that could affect groundwater supply and determine the extent of the potential contaminant sources located here. They want to integrate this plan with FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 19 their other plans, including the City's Comprehensive Plan and land use development decisions over time. Mr. Kosluchar stated they want to monitor the chemistry of aquifer and the quantity of available water in our aquifer and the official used groundwater resources that are available to us. The Wellhead Protection Plan, Phase 2, includes a plan of action. The goals are developed into specific plans within timeframes to implement the goals of the plan. There is also an evaluation program as part of that plan that will determine the progress of the City in implementing its plan of action. Mr. Kosluchar stated the next step after receiving comments is to finalize Phase 2 of the plan and amend it to address the comments, and submit the plan for approval to the Minnesota Department of Health. They have received two comments. Jeffrey Nash with the Ramsey Conservation District wanted to know if the City currently had in place a conservation rate structure. He thought our response would be that we are getting there at this point. The other comment was regarding some kind of an overall street map showing the management area and the boundaries of the City. Mr. Kosluchar said he also received comments from Ed Persons with the Minnesota Department of Health. Mr. Persons indicated the City needs to include a Chapter 7 in accordance with the plan template or show reference to an approved DNR water conservation plan in Chapter 7. As of last week, he said they submitted our DNR water conservation plan to the DNR for approval. So they will be addressing this probably with a template until such time as the water conservation plan is approved. We do have an old conservation plan, but that is not satisfactory. MOTION by Councilmember Barnette to close the hearing. Seconded by Councilmember Varichak UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 9:13 P.M. 12. Consideration of Special Use Permit SP #89-08 for Sam's Auto World, Generally Located at 7570 Highway 65 N.E. (Ward 2). MOTION by Councilmember Saefke to open the hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 9:13 P.M. Mr. Hickok stated one of 14 stipulations is the owner must operate the garage in a law abiding manner, and they will want to focus on that as he goes through this presentation. In 1994, the owner, Sam Awaijane, was caught selling cars on the sight. He then bought 1990 Osborne Road which was appropriately zoned for car sales. After selling the Osborne property, Mr. Awaijane was caught selling cars from 7570 Highway 65 again. In 2006, Council held a public hearing to FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 20 consider revocation of SP #89-03. Council decided to maintain the special use permit, as the owner agreed to discontinue selling after November 15, 2006. This past spring, a temporary sign appeared on the sight without a permit, causing staff to review the site again. That, in and of itself, would not be law abiding. Mr. Hickok said on reinspection, staff noticed other violations, like inoperable cars being parked in the front lot, and a tow truck was often parked at the end of the street on the public right-of- way. Staff witnessed the frequent delivery of damaged vehicles into the front lot and the dismantling of cars in the front lot, which is a violation of one of the special use permit's provisions. Staff received notification from the State Department of Public Safety that vehicles were being sold under the address of 7570 Highway 65, but under a different business name. They may recall as part of the conditions of saving the special use permit the last time, they would give up any state licensing to buy cars. Previously, their practice was to buy cars in slow times, fix them up in the body shop, and offer them for sale. Staff believes this is happening again. Six cars were purchased prior to August 1 and licensed quickly, because the law was changing August 1 relative to stamped vehicles and their titles. Those six vehicles were registered to this property. It is staff's belief that they are not abiding by the law. This is a violation. Another violation is the outdoor storage in the front yard. They have been using the public right-of-way for storage and expansion of their property, and they have used at least one illegal temporary sign on the site. Mr. Hickok stated Fridley contains many auto body repair shops, none of which are allowed to sell cars from their site. This gentleman has disregard for vehicle sales and other code regulations and creates an unfair market for these other businesses who have actually gone through the process and are operating with the law. Staff recommends that the City revoke Special Use Permit, SP #89-08. No action will be taken tonight. It will be brought back for action at Council's next meeting. Staff would prepare a resolution and would also be prepared to describe a strategy for the discontinuance of the existing business as they have done in similar cases. Councilmember Barnette asked whether Mr. Awaijane was aware of the hearing tonight. He is sure staff has talked to him over and over about this. What kind of answer does he give? Mr. Hickok replied, he is in Florida and although it is their understanding that he comes back on a regular basis, he has not responded to any notification they have given. He certainly understood clearly because they have walked the site with the attorney and they understood the importance and the danger of losing the special use permit two years ago when they went through this process. At this point he thinks the lack of response should be noted. Councilmember Bolkcom asked Mr. Hickok when they last had contact with Mr. Awaij ane. Mr. Hickok stated there were a number of letters sent this summer regarding site issues on this property. They have had conversations with other representatives from his site since 2006. Councilmember Saefke stated what bothers him was that the sale of the automobiles was under Rhino Auto Repair which was not the same name, although it is the same address, as Sam's Auto FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 21 World. To him it seems quite deceitful. He just wanted to note that in the minutes so people do not think the City is anti-business or anything else. The City has tried working with this gentleman for years. Also, when the Department of Public Safety has to notify us that illegal transactions have been going on there, it is a pretty serious matter. Mr. Hickok stated one might want to debate or argue that Rhino Auto is a tenant. This is a multi-tenant auto repair operation and it is not Mr. Awaijane, but it is somebody else who is just leasing space. The reality of it is the special use permit goes with the land, and the owner of the property is responsible for the land. The tenant needs to comply with the law as well, and the owner of the property needs to be responsible and stands to lose his permit if he is not. It may just be that Rhino Auto is not connected to him. He still needs to be responsible for his property and that has not been the case. Councilmember Bolkcom asked who owns Rhino Auto. Mr. Hickok replied, they have done an investigation and have checked with the Secretary of State's office, but to date are still unclear as to who owns it. Councilmember Varichak asked, so there has been no response as a result of the letters staff sent. Mr. Hickok replied, no response, and that is a bit puzzling to them. There was a time when it would elicit a response. He does not know if it is the fact that the property is for sale right now and there is a lack of interest in continuing with the special use permit. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 9:29 P.M. Councilmember Bolkcom asked if another letter would be sent to the petitioner. Would it make sense to send something registered. Mr. Hickok replied, staff can if that is the direction given by Council. There is no obligation under the law. The hearing has been closed. Staff could send another letter, but at this point, he is not optimistic of getting a response. Councilmember Varichak asked if he is not there to sign for the letter what happens. Mr. Hickok replied it will go back to the Post Office after a couple of attempts unless someone wants to sign for him. Standard mail would have better results than a registered letter. Mayor Lund stated he does not think they should do that. Councilmember Bolkcom stated they should send a letter. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 22 OLD BUSINESS: 13. Resolution Adopting Assessment for the 2008 Street Improvement Project No. 2008 —1 (Tabled October 27, 2008). 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. MOTION by Councilmember Bolkcom to adopt Resolution No. 2008-54. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Lund said Mr. Becklin indicated he was going to pay the assessment as he walked out. He asked if he had 30 days to sign the waiver before he was added to this assessment. Mr. Pribyl said he is not on the assessment roll. He opted not to be on the assessment roll by not signing the document. Accordingly, he will be included in next year's street proj ect. Councilmember Bolkcom asked if they should send him a letter. Mr. Pribyl said it would be good to clarify that. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked if staff could look at the sanitary sewer connection and get back to Mr. Becklin. NEW BUSINESS: 14. Resolution Approving the 2030 Comprehensive Plan for the City of Fridley and Authorizing Staff to Distribute the Plan to the Metropolitan Council. Julie Jones, Planning Manager, stated this is the phase of the Comprehensive Plan process where the City Council is asked to adopt the final draft we are going to send to the Metropolitan Council. This is actually the fourth printed draft of the Comprehensive Plan. The first draft of the plan was printed for the December 19 Planning Commission public hearing last year. After changes were made from the public hearing they printed another draft for the City Council to review at their February 11 Council meeting. Changes were made again to the plan after that meeting, and staff printed a third draft to be sent to the 17 surrounding jurisdictions. Staff took FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 23 into account the comments made by surrounding jurisdictions and have printed this fourth draft. In the memorandum for this item, she has enumerated the many changes that have been made since the February 11 Council meeting to the Comprehensive Plan. She would like to highlight the changes they have made in light of comments from the surrounding jurisdictions. Ms. Jones stated Anoka County presented us with several pages of comments, a number of them in regards to the Housing Chapter of the plan. They wanted to see more mention of some of the County housing programs that they have. Staff accommodated their request and made changes in the housing chapter of the plan. The County also commented about information about the groundwater level trends, so Mr. Kosluchar created a table to accommodate that in Chapter 11 of the plan. The County also suggested future source and groundwater activities, and those are currently considered in this and in other plans. The County requested some minor updates to the parks and trails data, which was completed in Chapter 7. Ms. Jones stated in the transportation section, the County made several suggestions for some minor adjustments to text, maps, and tables, and those have been completed as well. The County did express concern about keeping bike routes off of County roads. The dilemma we had, however, was that people wanted to have better bike access across and on County roads. So we kept our comments as is in the plan related to that. Ms. Jones stated MnDOT also provided some comments. The most noteworthy one was regarding the redesign of the southbound exit off I-694 and University Avenue. We indicated in the plan that we felt that e�t could be better designed to prevent accidents at 53rd. Their response was they did not find any evidence in accident data that there was a problem there. Staff continues to disagree with MnDOT on that issue, so we have left that in the plan. Ms. Jones stated they also had comments from a couple other jurisdictions. The City of Coon Rapids commented that the proposal to extend Medtronic Parkway west to East River Road, including a bridge over the Burlington Northern Santa Fe tracks, would benefit the community. The Columbia Heights School District noted support for action steps related to the Safe Route to School Program, sidewalks, bike lanes, trails and more gym space for youth. Ms. Jones stated besides making changes in response to comments from surrounding jurisdictions, staff also took advantage of the six-month review period and made some formatting changes to the water chapters, Chapters 10, 11, and 12 to match up with new State requirements. Staff did not want to submit the plan to Metropolitan Council and have to make those changes later. The Met Council made some recommendations, and as a result, staff ended up reorganizing Chapter 10 so it was similar in format to Chapter 11. Chapter 11 was modified to match new State formatting requirements. Chapter 12 was reorganized to better match the outline at the beginning of the chapter as well as new State guidelines. It is noted in Chapter 12, the Local Service Water Management Plan, that it really is meant to be just an addendum to our existing plan. The City is going to have to redo that plan once Rice Creek Watershed and Six Cities Watershed Management Organization create their plan. Ms. Jones stated as far as action step changes, the only part that has been changed is the transportation section in Chapter 14. There had been an action step previously about FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 24 snowplowing trails and that has been removed as this seems to be a budgeting decision that is made year to year. Ms. Jones stated an action step related to studying a bike and pedestrian bridge possibility over I-694 was also removed. Shortly after the Council meeting in February, staff inet with representatives from the City of Columbia Heights. The interest seemed to be more in focusing and directing bicycle and pedestrian traffic on Seventh Street where there is a safe access underneath the freeway rather than on a bridge over the freeway. They added three action steps in the transportation section related to comments from Anoka County. One relates to access guidelines for county and state roadways. Another relates to coordinating with other agencies to establish future transportation right-of-way needs. Another relates to considering needs of older drivers in designing safety street improvements. Ms. Jones stated the draft Comprehensive Plan has to be forwarded to the Metropolitan Council by December 31. The original deadline had been September 8 but Met Council extended it because so many communities were behind schedule. Staff recommends approval of this draft Comprehensive Plan by resolution. Councilmember Bolkcom stated on February 11, there were a lot of comments made by Council members and the public. She asked if they were addressed. She just received a copy of the minutes tonight and did not have a chance to go through them. Ms. Jones replied, yes, she went through the City Council meeting minutes from February 11 and the Planning Commission hearing in December. The items that were discussed and presented have been addressed in the plan. Councilmember Bolkcom asked about Action Step 6 in the Transportation Chapter. Ms. Jones replied the action step had been worded originally in the previous draft of the plan in such a way that we could automatically get it by asking for it. The County's point was this is something we need to work together and determine whether it is needed. So staff changed a word in that action step to accommodate Council's request. Councilmember Bolkcom stated she mentions the Rice Creek Watershed, do we have any idea when they are going to be getting the information back to us? Did she understand that would be put in the plan later? Ms. Jones replied that our Chapter 12 is simply an addendum to the existing plan that was approved, she believed, in 2001. We have to redo our plan but cannot until the Rice Creek Watershed and Six Cities WMO do their plans. That plan will be a separate freestanding document. James Kosluchar, Public Works Director, stated he knows the administrator of the Rice Creek Watershed District reviewed the plan and did not see any substantial interferences. Scott Hickok, Community Development Director, stated the last time they submitted the FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 25 Comprehensive Plan to the Met Council, we were working with the State on a shoreland ordinance. This would be very similar, where the comment back then from the Metropolitan Council was please submit your shoreland ordinance once it has been reviewed by the State of Minnesota and approved and you can put it in plan form. Mayor Lund asked about the wording and changes made to Chapter 5, Housing, regarding the S-1 Hyde Park zoning district. Councilmember Bolkcom stated she is concerned about this getting inserted into the plan like it is a thing that is going to happen. She thinks that a discussion really needs to go on with the neighborhood related to changing. This has been a problem for many years. Ms. Jones stated they did have that the City "needs" to amend S-1 zoning. At the February 11 meeting, Councilmember Bolkcom suggested that we change it to state that the City needs to "consider" amending. Staff reworded it according to her suggestion. Mayor Lund stated he certainly likes the wording better as an action step. He does not think they should make an assumption before discussion. Councilmember Bolkcom said she is concerned with the connection and the money that would be spent. She does not want to see any redevelopment in that area stalled because this is in the Comprehensive Plan. William Burns, City Manager, asked if she was talking about the 57th Avenue connection. Councilmember Bolkcom replied, yes. Mr. Hickok stated there were a number of reasons why that was in the plan, one of which was the emergency access to East River Road. We see it in the plan and have stated it in the plan as being an east-west connection for the community. There is a huge population over on East River Road that takes a circuitous route to get to the center part of the City. From a development prospective, we heard a lot about trying to create more of a commercial center and to think about, for example, the 7LT site developing as its own island and to think about somebody who lives, for example, just north of the City Hall. For them to go down, get on I-694, get off I-694, and get back on that site, it makes the marketability of that site very, very different. This is not only about the 7LT site but it gives one example beyond emergency. The other is linking a part of the community. This is meant to make a parkway from Highway 65 to East River Road and to allow integration of a lot of business activity along the corridor. They think it will be a real plus in terms of future development along that corridor. Councilmember Bolkcom stated it goes through a residential area at some point and there are so many people who rush through our community. To her it seems it is another avenue for people to rush through our community and increase noise and pollution. She already thinks of East River Road, University, and Central as three freeways through our community. Mr. Hickok stated they hope people slow down in the community and actually enjoy their time FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 26 here and spend some money here. Right now there is a lot of traveling through and not a lot of incentive to slow down. What is being suggested in the plan is the opportunity to slow down. To have this corridor which is much more inviting. A place where you can actually get out and walk from shop to shop if you wanted to, and a connection we never had before that we think could be a very nice addition to our commercial environment. Councilmember Bolkcom stated maybe we can apply for Federal funds in the new economic stimulus pay in February. Mr. Hickok said we will look at all sources. They are not pretending that it is a City project or a City/County split project. This has a lot of different agency possibilities. They could not do it without evaluating a lot of options. Mayor Lund stated if Councilmember Bolkcom feels strongly about it, she could just simply ask to have it removed. There have been other discussions about this, and one of our commission members has voiced his opposition against it as well. He said it was okay to have a vision. He also thinks this is probably a pie in the sky. There are many other things that have a better likelihood of occurring, and this is something way out there as far as he is concerned. However, he is not opposed to that. When you talk about parkway, in his vision it would be more of a curved street so you are not racing down it. A parkway talks about landscaping, and large trucks are not allowed on that. But then again, that depends on what would really be developed, and he thinks it would be more commercial-type businesses if it ever became a reality. With the cost of the bridge, even if they got something like that, it would be many years down the road right now. Just putting it down on paper does not mean it is going to be reality. Councilmember Barnette stated he thinks it is an idea. It is a project that you can look at that might happen some day. He thinks what Mr. Holm sent them, gave the impression this is probably 10-20 years down the pipe. He said they had some dreams some years ago. He thinks back to coming to Fridley across 44th Avenue and going across the railroad tracks. They put a bridge there. These are future ideas to him, but that is how things happen. The Comprehensive Plan to him, as he reads it, especially on the housing is very, very good because it says these are the things that are in there. These are the things the Met Council thinks we should maybe do. Every community in the nine-county area has to do this, and they all have to come up with proposals. The Met Council has good ideas for Fridley. Maple Grove, Andover and these other communities are going to be hit with this housing idea a whole lot more than we are. So he does not see anything wrong with these ideas. He would like to see it stay in as an idea. Mr. Hickok stated he thinks it so important that they do consider it because within the next couple of ineetings they are going to be hearing back from 7LT on the development of their site. If we do not preserve a right-of-way and an opportunity to put in the roadway, and a building gets placed in the way, the dream of a 57th Avenue extension goes away. He said he thinks it preserves our options even if the bridge does not happen. They can develop the site in a way that has nice access from the East River Road side but could leave a bridge as an option for the future. Tom Myhra, 6360 Able Street NE, said he is representing the Concerned Citizens of Fridley. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 27 He has heard each of them saying they really want the public input on this thing. He asked what kind of turnout would there have been if something had gone out to the public saying tonight we are going to do something that will affect your livelihood in Fridley for the next eight years. Mayor Lund stated they do have that ability. He just allowed him to speak. He asked if anyone else wanted to. Mr. Myhra stated he is talking about the other people who are not here. Mayor Lund stated they certainly have the opportunity to come. Mr. Myhra stated it is at the end of a long meeting. It is 10:00 p.m. We had four meetings run by a woman from the Metropolitan Council at $7,000. The first two dealt with what the City must do. The third one was more open. Finally, the fourth one they were able to rank and housing maintenance was far, far higher than anything. There was a statement in one of the drafts that really nothing was accomplished at those four meetings. Some errors that have crept into it are still there. They saw a gross grammatical mistake, they quietly called it to the attention of staff, nothing happened, and he does not know if they remember it. It had to do with the public sediment. It should be public "sentiment" not sediment. Mayor Lund asked if it is still there. Ms. Jones replied, it has been corrected. Mr. Myhra said another error is on Page 2 towards the bottom. It says in the planning neighborhood committee range, there was a big crowd on the first one because of a private interest group. First it is a"public" interest group. They say they handed out misleading information. He was there handing it out. It was not misleading. What they said was that people south of 694, west of the University, east of Main Street, were being looked at for redevelopment. You wanted to change some areas there to S-2 and that means that now it will be considered because they set it. It does not mean it will pass but they have rights to do that. That should have been changed. Mayor Lund asked where it was. Mr. Myhra stated at the end of the page, next to the last paragraph on Page 2. Councilmember Bolkcom stated Chapter 1, Page 2, second paragraph from the bottom. She asked what he would like it to say. Mr. Myhra replied, it should say participation has dropped off for the other meetings. We do not know why. He brought it up and somebody said we will look at the map. Look at the map and that is taken out of Project 3. He is guessing that Project 3 is still in the same thing. If we pass the Comprehensive Plan, those people will not be in this. Councilmember Bolkcom asked Mr. Myhra what he was talking about when he mentioned FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 28 Project 3. Mr. Myhra stated proj ects 1, 2, and 3. Proj ect 3 was the area. It is still down there but the residential areas are taken out. It is on Page 23 of the new one. South of 694 is now out of there. That is good by the way. He is not complaining. If you look at the new map it sounds like that but at that time this map was still in effect. That should be clarified. The other thing was the bridge to nowhere on Page 2. This body has the authority to amend this any time they want, right? Mayor Lund replied he did not know. Did he mean once they adopted it? Mr. Myhra asked why they did not do it that way. Mayor Lund stated he thinks the argument was, and it is a valid argument, is if we do lose the right-of-way access by the old Lemaur site, it cannot happen. Now would be the time to achieve getting that right-of-way on East River Road where that connection might be. Mr. Myhra stated Tony Pistilli met with us and raised that question. What if staff wanted a planning grant? Will the Met Council okay it? Probably, if Council votes for it. Before you know it, we are going to have to spend almost a million dollars to sell it. He is terribly concerned between homeownership occupied and rental. When he was on the Planning Commission in 1974, the idea was 70/30. Then it went down to 60/40. He said 50/50 is not far away. Councilmember Bolkcom replied, actually her concern as far as rental property is that it is not actual multi-housing. We have a lot of foreclosed homes and a lot of homes that are being rented that we are not even capturing. Mr. Myhra stated his concern is more crime and more everything. Councilmember Bolkcom asked if he was talking about having big complexes of rental. Mr. Myhra replied, he is talking about 50/50. Councilmember Bolkcom asked how they could prevent it. It could happen by people renting their homes, or by people buying homes that are foreclosed. Right now our Fire Department said there are a lot. Mayor Lund stated what he is hearing is that although they may be agreeing with you about what is rental and what is home ownership, there are some limitations as to what we can do. They are aggressively trying to maintain the existing housing stock, both homeowner occupied and rental. It is in the comprehensive plan. He does not see fault with that. Maintain a mix of ownership and rental that meets the demographic needs of the community. It does not mean they are looking for more rental. Provide more housing diversity. Our population is becoming more and more diverse. Make Fridley a place where the seniors can stay. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 29 Councilmember Bolkcom stated one of her concerns is that we have some older rental property. One of our biggest issues is how can we bring some of these apartment complexes up to the standard that they are in other communities. Unfortunately, we have some landlords who cannot get the same rent in the properties here in Fridley that they can in other communities because they are older apartment complexes. She believes seniors have moved from the community because there is no place they can stay in. Mr. Myhra asked why they were planning some kind of grand thing saying, it is a great place to live. It has this, this and this. Councilmember Barnette stated he thinks the three-bedroom rambler is a common thing in Fridley and are real saleable for young families. Mayor Lund asked Mr. Myhra about the Concerned Citizens Group. He says it is a public group. He asked if they charged a membership fee. Mr. Myhra replied, no, they have never charged. They take donations. Mayor Lund asked and it is open to the public. Mr. Myhra replied anybody can come. If they come once, they will put them on their list as a member. Mayor Lund stated he went to meetings a couple of times, but was asked not to come again. He was told he was not welcome. Mr. Myhra stated not him. Mayor Lund asked again about where the Comprehensive Plan talked about the private interest group. He stated although there may have been some misinformation, it would not bother him if the statement was removed. He asked if there was any particular reason why it has to be in there. Councilmember Bolkcom stated she wondered if you just took out the section about "the turnout was a result of some misleading information, indicating that the neighborhood was slated for redevelopment." Mr. Myhra stated they told them they were in the development area. They never told anybody that means that it is going to happen. They never said that. They said it is there. Mayor Lund stated if he thinks that statement is incorrect, then why does he think the participation went from 145 people in the first meeting down to 56. People arrived thinking that zoning was going to be discussed. Mr. Hickok stated he did not see anything wrong with suggesting that participation dropped to 56 participants in the second meeting and leave it at that. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 30 Councilmember Barnette stated they said that was something that could be taken out with no problem and have no effect. Mayor Lund asked Mr. Myhra if he had any obj ection to that? No. It is not a problem. Pam Reynolds, 1241 Norton Avenue N.E., said she was pleased to see in Chapter 5, in the draft she has, on Page 62, at the bottom of the page, under housing policies, it says there is a continued long-term four decades trend of a reduction in the percentage of owner-occupied housing. If we eliminate the inclusion of manufactured homes in the table, owner-occupied is really down 63 percent and rental is up to 37. This trend does not match what Fridley residents reported that future housing needs to be. Then the parts that Mayor Lund read, maintain a mix of ownership that meets the demographic needs. It goes on to Page 65 to say, in summary, one of the things we need to do is look at slowing or reversing the trend of more rental housing. Yet, on Page 23, in Land Use, there is a chart that shows that single-family residential, the number of acres is expected to drop. Then it shows that multi-family residential, the acreage dropped, and the only place she can find that it went is into redevelopment. Councilmember Bolkcom stated there was something there before. Ms. Reynolds replied, no, it shows redevelopment as not applicable before that. Her concern is it goes on in other parts of Chapter 5 to talk about changing zoning so we can increase densities. The thing that concerns her there is nothing in the Chapter 14 implementation plan to talk about how we are going to keep it at 63/37. It talks about changing zoning in Hyde Park but does not talk about how we secure that zoning or that ratio. She thinks there should be something there. In Chapter 14, Focus of the Plan, it says some members of the community feel the increased density in population will be harmful to the community. Some feel that any growth or change in the City will bring increased crime and the lowering of the economic stability of the community. She was here once before and presented the Council with fact-based information and not feelings. It was based on what researchers had found, not what other people felt. There was a research study done, and the name of the study is, "Race, Sex, and Crime — Urban Violence." Their finding is for robbery rates, the strongest predictor is the density of rental housing. The whole book deals with what happens when you continue to increase density. So it is not a feeling that this is going to happen, it is a fact. Councilmember Bolkcom stated on Page 214, the action related to the City View Redevelopment Concept, there was a fair amount earlier about some of those concepts, and it is a mixed use, and it was addressed in there. It depends on how you perceive some of the action plans because she thought that was one, and it is something that we continue to work on. It has comments related to Hyde Park and whether there should be more density and whether it should it looked at. With respect to the TIF district related to commuter rail, another opportunity that we point out might not exactly say rental property. The housing maintenance code is another one she thinks relates to whether you keep homes as actual owner-occupied. There is also the remodeling advisor. These are all things that are keeping our housing conditions. They may not exactly be related to owner occupied but are related to keeping them from becoming rental properties. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 31 Ms. Reynolds stated the City center could increase owner-occupancies; but transit-oriented development which is what the big area including Hyde Park is designated, typically is medium to very high density. When you look at condos and townhomes, with anything that is multi- family, a certain percentage of it is going to end up rental. You are just going to keep increasing the rental at the same time you are reducing single-family. Councilmember Bolkcom replied, depending on how you structure the condominiums and the covenants and contracts with them. Sometimes only a certain percentage can be rental. Ms. Reynolds stated so far in Fridley, the talk was always 5 percent that could still be rental. Councilmember Bolkcom stated but 5 percent is pretty insignificant compared to the overall. Ms. Jones stated in regards to the e�sting land use map as compared to the future land use map and the drop in single family homes, the drop is due to the sections that end up being in those redevelopment areas that they are referring to. It is not necessarily that they are planning on changing certain areas of single family housing to something different. It is just that part of that single-family number gets put into the redevelopment category. Councilmember Bolkcom asked, but we really do not have any redevelopment in the existing land use. Ms. Jones replied, right, and when you look at the single-family usage on the existing land use plan, 63.3, on Page 17, the acreage is 1,952, and in the future land use map, on Page 24, it drops to 1,898. That is because part of that single-family acreage is in the redevelopment category. Councilmember Bolkcom stated and the other redevelopment was not single-family homes. Ms. Jones replied in the Hyde Park neighborhood, which is mostly single-family zoning, it is then put into that redevelopment category. It is taken out so it affects those numbers. Councilmember Bolkcom stated, so we are only talking about 54 acres if you look at 1952 vs. 1986. Ms. Jones said she just wanted to explain that it is not because we think that is not going to still be single-family housing. It is very clearly stated in one of our policies that in projects that the City has some control over, we would be focusing on owner-occupied housing to boost that percentage of home ownership. Mayor Lund stated he thinks her point also was, as a conclusion, action steps needed to be taken to try and maintain that 65/35 split. Councilmember Bolkcom asked Ms. Jones how would she address it. The policies are there but there are no action steps to connect with other policies. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 32 Ms. Jones replied a lot of the action steps that are in the housing section point towards preserving that owner-occupied housing. There are certain things that are beyond the City's limitations and we, unfortunately, need to face that reality. Councilmember Bolkcom said on Page 64, there is an action step related to good conditions, it probably should not say it should be adopted, but rather, we actually have adopted and are enforcing a housing maintenance code. Ms. Jones apologized and said she thought they had changed that. Councilmember Bolkcom stated there are action steps related to maintaining owner-occupied homes in the community. A1 Stahlberg, stated Chapter 1, Page 4, Goal No. 2, it says "Redevelop eyesores like Columbia Arena, salvage yards, Holly Shopping Center, Moon Plaza, East Moore Lake Shopping area, Hyde Park apartments, Old Shorewood restaurant site." Somewhere else it talks about Hyde Park Apartments with inadequate parking and garbage facilities or dumpster areas. He did not think the Holly Shopping Center or Moon Plaza were eyesores. Councilmember Bolkcom said they are deteriorated and aged. They are not maintained. Mr. Stahlberg replied, thought that should come under code enforcement. Councilmember Bolkcom stated she did not think it is the outside of the property. It is an old property. They would be hard-pressed to find something wrong in the housing maintenance code against the property. The businesses come and go from that area. Mayor Lund stated the Holly Center put up a new fa�ade. He does not know if he would classify it as an eyesore. Moon Plaza has actually done some redoing of their fa�ade, too, as well, but he knows there are some issues. Code enforcement are pursuing code enforcement issues all the time. Redevelopment is hopefully going to occur on some of the aging properties. Mr. Stahlberg replied you do not have to knock down everything because it is 30 or 40 years old. Styles change. Councilmember Bolkcom stated it does not say they are going to knock them down. Mr. Stahlberg said when you are calling something an eyesore, then you are calling something blighted and all of a sudden the federal government can step in. Hyde Park Apartments are mentioned a couple of times. Allow them to build a bigger parking lot or screen something. Mayor Lund replied, they would probably allow them to build a bigger parking lot if they have the space. Mr. Stahlberg stated you may have to change how much green space they are allowed. They are older buildings and more people have more cars now. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 33 Mayor Lund stated he thinks the objectives are pretty good. Something needs to happen at Columbia Arena. Councilmember Bolkcom suggested taking the word "eyesore" out. Mr. Stahlberg replied it does not bother him. Under Goal No. 2 it also mentions more public transportation to reduce congestion. If you go to the Met Council's desire for 116 units, the more people you get in here, the more congestion, traffic, and air pollution. Councilmember Bolkcom stated it says public transportation which has nothing to do with single-family cars. Mr. Stahlberg said after that it mentions reducing congestion and supporting the Northstar Rail. If you are bringing more people in because of the Northstar and the Met Council says we have to have 116 more people or housing units, that is not right there. People are going to drive to the Northstar. More people than probably are there normally. Councilmember Bolkcom stated she doubts very many people are going to drive to that station and go somewhere. It is people from the north and that is who they are trying to get, people who drive from way up north. It only goes six times a day. They will take a bus that goes much more often. Mr. Stahlberg asked why have it. Councilmember Bolkcom stated it is not just for people from Fridley, it is for people coming from up north who are coming to work in the City. There might be a bus that takes them over to Onan or to Medtronic or something. Mr. Stahlberg said he was talking about the increase in congestion. Spoke about the 57tn Avenue bridge. He said if 7LT or whoever buys that property, they cannot build the way they want to because of the bridge. That might be a stumbling block for developing that piece of property. Where is the parking lot, where is the building, etc. All they could logically do is put a parking lot where the potential bridge might go otherwise you would have too much cost. Mayor Lund replied, that has been considered. Mr. Stahlberg stated Chapter 5, Page 58, talks about livable communities. Where are they going to get the money? Mayor Lund stated the Livable Communities Act funds have leveraged additional dollars into private and public investment which has provided new jobs and business growth on otherwise contaminated sites. He does not have any issues with that statement. Councilmember Bolkcom stated, if you read further down, it says meeting the Met Council's requirements to remain a livable community has been increasingly difficult over the years for FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 34 Fridley. She thinks they are addressing that it might not be something they are doing. She thinks it is pretty clear we are saying that we are unsure we can continue to be part of that. Ms. Stahlberg asked so are they going to pull out of the LCA? Mayor Lund stated he thinks they struggle trying to meet their requirements. Councilmember Bolkcom said she did not think we have applied for any grants for a while. Mr. Hickok replied we have not. Mayor Lund asked if that is a federal program administered by the State? Mr. Hickok replied, yes. Mr. Stahlberg asked what the City is committing to when we sign up for it. Mayor Lund stated we leave all our options open whether we use Livable Communities Act money if we meet their criteria or not. Councilmember Bolkcom stated it has been huge for some of our businesses. All of our businesses are very important to our community in keeping our tax base the way it is. Mr. Stahlberg asked but are those mostly TIF or LCA? Councilmember Bolkcom replied some of them are TIF. Mr. Stahlberg replied, he is just asking if we are committing ourselves to something we may not want to be a part of. Mayor Lund stated he does not see anything here saying we are committed to it. He does not see any negative side for those properties that Mr. Stahlberg specifically talked about. Mr. Stahlberg stated it was just calling them an eyesore, when they are a big part of Fridley's retail area and they are not as pretty as they used to be 20 years ago. Mayor Lund stated he would not have any problem with using kinder terminology. As far as the Livable Communities Act, he is going to leave it alone. He thinks it is fine. Mr. Stahlberg stated he is still not sure about the word "urban." Are we urban or suburban? On Chapter 3, Page 13, the City has also approved two different rezonings to allow two three-story senior condominiums. He asked if they think the senior housing will happen. Mayor Lund stated not the existing proposals that were there. Councilmember Bolkcom stated she thinks the next statement says as the trend continues FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 35 Fridley will wrestle with the interface of the old with the new and should be prepared to accommodate change and make plans in an orderly manner. She thinks that is very well put. Mayor Lund stated if Mr. Stahlberg is asking if it is going to happen, no, not the two that were proposed. Mr. Stahlberg asked if they would be considered part of the Met Council's 116 housing units. Mayor Lund replied, they are housing units. Mr. Stahlberg stated on Page 40, on the bottom of the page, 4.5 Summary, members of the community want exciting redevelopment proj ects in Fridley. Mayor Lund stated it is on Page 41. Mr. Stahlberg is looking at an old draft. Mr. Stahlberg stated members of the community want exciting redevelopment projects that they see in other areas. Mayor Lund asked what is wrong with the summary. Mr. Stahlberg stated the summary is you have a contradiction in Chapter 5, Page 42, where it says preserving the quality of the existing homes and neighborhood clearly receives the greatest support in the goal evaluation process. On the contrary, the policy to provide more affordable housing generally expanding the housing supply received little support. Councilmember Bolkcom asked if he was at the neighborhood planning meetings where they did the block exercises. It was very clear those were some of the things that were brought up. Mr. Stahlberg asked, but then how do you explain the section in Chapter 5, Page 42, in the second paragraph from the bottom, preserving the quality of existing homes and neighborhoods clearly received the greatest support in the process. On the contrary, policies providing affordable housing and generally expanding the housing supply which the Met Council wants to do, receives little support. We are back to the 116 units. Councilmember Saefke stated the Anoka County definition of an affordable house is $200,000. Right now a lot of people cannot even afford that and would go into foreclosure. When you throw the term "affordable housing" out as if it is a bad thing, you have to know what your definitions are on the federal, state, and metropolitan level. A$200,000 house will be a pretty nice house. Mr. Stahlberg asked how much of Fridley right now would be considered affordable. He would say 75, 80, 90 percent. When they are talking about more affordable housing, maybe they have not looked at what the class of most Fridley's housing is. Councilmember Bolkcom stated she did not quite understand why he keeps bringing up the Met Council and the 116 affordable homes. Where are we saying we are adopting what they want us FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 36 to do? Mr. Stahlberg replied because they control so much of the money that comes out to us and to the whole metro area. Chapter 5, Page 56. Mayor Lund stated to Mr. Stahlberg, he talked about Chapter 4 and the summary and then he said it was contradictory in Chapter 5 in Housing. We are talking about two different chapters. He does not see any contradiction at all when going through this. Mr. Stahlberg stated Chapter 5, Page 42, at the top says "Housing Plan." Mayor Lund stated, exactly, and that is the distinction he is trying to tell them. They are talking about a contradiction in Chapter 4 vs. Chapter 5 in housing. Chapter 4 is talking about economic redevelopment. They are separate issues, separate chapters. Mr. Stahlberg stated in the summary in Chapter 4, he cannot see that most people would have a problem with more commercial or industrial as long as it is not infringing on their houses. When people said they wanted things to stay the same, maybe they did not quite understand the question. Mr. Stahlberg stated regarding Chapter 5, Page 55, the bottom talks about in Fridley's case the Met Council is forecasting that the City will experience growth of 1,000 new households between 2000 and 2030. Our population is dropping right now, he does not know where they come up with that. During 2011-2020, the need for affordable housing units in Fridley has been set at 116 by the Met Council. So much of our housing stock is what is set at affordable. Councilmember Bolkcom asked Mr. Stahlberg to read the next sentence, stating that the City is not required to construct and finance these 116 affordable housing units. Mr. Stahlberg mentioned the net growth of 300 units they forecast Fridley to experience during the upcoming decade. Councilmember Barnette said he could envision something on the Columbia Arena site that would maybe be a church, or building a senior center there, or maybe 50-60-70 units, with another 55 over at Sandee's, all seniors, probably, "for sale" units. He does not think 116 is a big figure at all. Mr. Stahlberg said he obj ects to the Met Council deciding what we need or do not need. Councilmember Barnette replied these are recommendations and are not cast in stone. Look at cities like Andover and Maple Grove. They are being required to come up with 1,400 units. Mayor Lund stated keep in mind the market drives by demand. These are projections. Mr. Stahlberg stated he is talking about the inconsistencies. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 37 Mayor Lund stated he does not see them, but if there is something in error he wants to see it changed. Mr. Stahlberg has brought up a number of issues and they have tried to deal with each and every one of them. Met Council's numbers are their numbers and they have incorporated their numbers into the plan to be consistent. It does not mean we are going to hit those numbers. It tells us right in there that we are not required to. Councilmember Bolkcom stated Mr. Stahlberg keeps bringing that up but if you look at Page 56, the second paragraph, while the City is not required to construct and finance these 116 affordable housing, they are only required to demonstrate in this plan that we do have land in our community properly designated to accommodate it. It could be rental or owner occupied. Councilmember Saefke stated on Page 55, Chapter 5, under affordable housing, in Fridley's case, the Metropolitan Council is forecasting that the City will experience the growth of 1,000 households. They are estimating what it amounts to. Again, you can come up with 116 units which we are not required to do, but on that guesstimate of Fridley's growth within the next 10 years, they are suggesting to take that extra 1,000 households and you will need another 116 units. He asked what the problem was. Mr. Stahlberg replied, they are talking about 1,000 households, not 1,000 people. Councilmember Saefke replied, he understands that, and they seem to think we have enough to accommodate those households. They are guesstimating we are going to need 116 more units to accommodate the extra households. And that would be some development on the arena property. The Comprehensive Plan is talking about how our community is changing. You come up with the term "rural" or "urban" or "suburban." Do you think that together with all the communities surrounding Minneapolis and St. Paul, we are included in the metropolitan area? We have to prepare for future needs of a metropolitan area. Mayor Lund stated he would like to change the verbiage to replace "eyesore." Ms. Jones stated that term actually came from the neighborhood planning meetings. That is not something staff put in there. Mayor Lund asked if it is okay with the Council if they would just remove "eyesore." Ms. Jones stated it is in two different places because it comes from the original chapter, the first chapter. MOTION by Councilmember Bolkcom to adopt Resolution No. 2008-55. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 38 2. Resolution Regarding the Disposition of Certain Tax Forfeited Lands, Pursuant to Minnesota Statutes, Section 282.01, Located Within the City of Fridley, Minnesota (Ward 3). Councilmember Bolkcom asked to see where the property was. William Burns, City Manager, stated they are both in the middle of the park. Councilmember Barnette asked about the third property. Mr. Hickok replied said it is too small for a house. We do not see any reason for having it in our inventory. Councilmember Bolkcom asked so we should purchase 17 and 18 but this one has no purpose. Mr. Hickok stated it is too small to redevelop. It is probably best utilized or best served as being a parcel that is attached to one of the adj acent lots, increasing their square foot dimension. Councilmember Bolkcom said the two we want make sense. Could they have the County offer the lot to the other properties on either side of it? They could make a bid. Mr. Hickok stated parcels like this sit for a long time unless someone really shows an interest. The public would need to get an appraisal on it and they would be paying something around fair market value for it. Frankly, he cannot see that being valuable unless you are an adjacent property owner. The other two parcels have always been part of Glencoe Park but were privately owned. We just learned through this process that they are not of the status we thought they once were, and that makes it necessary for us to buy those two lots. Councilmember Bolkcom asked so we buy these two lots and they are now private park If we wanted to sell them down the line, we could not. Mr. Hickok replied if you buy parcels that were tax forfeiture for purposes of park, they became sacred as park. MOTION by Councilmember Bolkcom to adopt Resolution No. 2008-51. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. Approve Antenna Site Lease Agreement Between the City of Fridley and the Metropolitan Council. Councilmember Bolkcom asked what would be the normal rate if we were to put someone else on the Commons Park water tower. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 39 Mr. Kosluchar replied, $1,200 to $1,500 a month. Councilmember Bolkcom stated she understands a portion of it is serving a public purpose. Now that they are going to be on that tower, does it limit someone else from going on that tower? Mr. Kosluchar replied we actually already have two. The equipment is small. Councilmember Bolkcom asked how did we arrive at $500. Is that the normal rate? Mr. Kosluchar stated that was their figure, and he thinks it was just a low figure they wanted to include. Councilmember Bolkcom asked if they have checked with our communities. Mr. Kosluchar stated it is his understanding that other communities have dedicated this and donated it as part of the system. Councilmember Bolkcom stated it just seems like they are getting a really good deal. Mr. Kosluchar replied, yes, but we in return are having our station monitored. This is how they monitor the tunnel and the other things at the station. MOTION by Councilmember Bolkcom to approve the Antenna Site Lease Agreement with the Metropolitan Council. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. Informal Status Report. Mayor Lund offered his congratulations to the three newest inductees to the Hall of Fame from the Fridley Historical Society: Bob Barnette, Bob Cook and Ed Fitzpatrick. 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 11:36 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor CITY COUNCIL MEETING CITY OF FRIDLEY NOVEMBER 17, 2008 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 730 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager James Kosluchar, Public Works Director Fritz Knaak, City Attorney Julie Jones, Planning Coordinator Scott Hickok, Community Development Director Don Abbott, Public Safety Director PRESENTATION: Jeff Jensen presented the 2008 — 2009 City of Fridley Winter Operations Policies and Procedures. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Resolution Authorizing Staff to Pursue Federal Stimulus Funding for Local Projects. William Burns, City Manager, said MnDOT has notified us that they are soliciting projects that might be funded through a Federal economic stimulus program. Congress is back in session and will be considering some form of stimulus very shortly. MnDOT estimates that as much as $300 million might be available for Minnesota projects that are ready to go and not encumbered by ROW or environmental constraints. Our Public Works Director believes that the mill and overlay projects may fit into this category. At this point we do not know whether there will be a local matching requirement on this money. If and when stimulus dollars are made available, staff will provide further details on projects to be submitted, the timing, and local matching requirements, if any. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 2. Approve 2009 Consulting Services Agreement Between the City of Fridley and GIS Rangers LLC. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 17, 2008 PAGE 2 William Burns, City Manager, said this is the renewal of an annual contract for GIS services. It is the same contract as 2008, with the exception of a 5% increase in cost. Our cost is $34,272. Andover and Columbia Heights are also parties to this contract through a joint powers agreement with Fridley. Our experience with the GIS Rangers has been very positive. Most departments throughout the City, including the City Manager's office, have used their services. Staff recommends Council's approval. APPROVED 2009 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF FRIDLEY AND GIS RANGES, LLC. 3. Claims (138973 —139076). APPROVED. 4. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 5. Estimates: Hardrives, Inc. 14475 Quiram Drive Rogers, MN 55374 2008 Street Improvement Proj ect No. 2007-3 FINAL ESTIMATE ........................................................................ $ 10,062.68 APPROVED. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked for Item 1 to be removed. MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of Item 1. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: Mayor Lund moved into record a memorandum dated November 17, 2008 from Jack Kirk, Director of Parks and Recreation, regarding a Resolution Supporting the Safe Routes to School Grant Application by Independent School District #14 and to add this item to the agenda. Seconded by Councilmember Barnette. MOTION by Councilmember Bolkcom to adopt the agenda with the addition of Item 1 and the Resolution Supporting the Safe Routes to School Grant Application by Independent School District #14. Seconded by Councilmember Saefke. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 17, 2008 PAGE 3 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): Councilmember Bolkcom stated that at last meeting she did not mean the Holly Center area properties were eye sores or the businesses should not be there. She meant that the area needed to be concentrated on and could use some updating. PUBLIC HEARING: 6. Consideration of the Hotel/Motel License for LivInn Suites. MOTION by Mayor Lund to remove the consideration of the Hotel/Motel License for LivInn Suites from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE ITEM REMOVED FROM THE TABLE AT 7:50 P.M. Don Abbott, Public Works Director, said the current hotel license period for the LivInn Suites commenced May 1, 2008, and expires April 30, 2009. The LivInn Suites has been licensed in this location since 2003. They have four locations—Fridley, Maplewood, Burnsville, and Sharonville, Ohio. Fridley LivInn Suites has 134 rooms on record, renting on a daily or long- term basis. Chief Abbott said in the first quarter of 2008, 26 calls for service were placed. The calls were in the areas of homicide, stabbing: non-fatal, believed drug-related, robbery/assault with gun & baseball bat and four other drug-related calls. There were 122 calls in 2007 and 131 calls in 2006. Chief Abbott said based upon police reports, officers' observations, surveillance, and comments from citizens, the Police Department believes drugs and prostitution have both been issues at LivInn Suites. Due to the nature of the calls for service, Council renewed the license with the following provisions: 1. The LivInn Suites will participate in the Action Plan during 2008 as prepared by the Fridley Police Department. 2. LivInn Suites will appear before the Fridley City Council on November 17, 2008, for possible revocation of their 2008 license. Chief Abbott reviewed the six-month action plan that was placed with LivInn Suites: • LivInn Suites will no longer accept cash payments for any room rental. • Hotel will comply with all requirements of MSS Chapter 327. Police will conduct frequent checks of registered guests for wants and warrants. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 17, 2008 PAGE 4 • Hotel will review websites and other media commonly used by prostitutes to ply their wares and compare their photos and other features against their current guests. • Hotel management met with police staff monthly over preceding six months to review police reports and evaluate the effectiveness of policy and procedure changes. • The Police Department increased surveillance and enforcement efforts on and around the hotel. • The Police Department provided training in the recognition of drug activity and other illicit conduct to LivInn Suites staff. • Staff provided monthly updates to Council summarizing police calls and any noted improvement in the overall operation of the hotel. Chief Abbott said staff believes LivInn Suites' staff has fulfilled the requirements of the action plan and the conditions placed upon their license renewal in April. Conditions have improved some, but concerns persist. Staff recommends not revoking the hotel license for LivInn Suites at this time, conditional upon LivInn Suites continuing to work closely with the Police Department on their issues. This would include continue monthly meetings, continue all other conditions of the previous work plan, and implement new strategies as recommended by staff. Chief Abbott said the Police Department will continue to provide monthly reports of the current status of LivInn Suites' operation and effectiveness to Council. Staff will provide a comprehensive report with applicant's 20091icense renewal in April. Councilmember Bolkcom said 25 employees received drug recognition training. She asked how many employees of the 25 were from the Fridley location. Chief Abbott said he did not have that information and would defer the question to the petitioner. Councilmember Barnette asked how many of the police calls were initiated by LivInn Suites staff. Chief Abbott said the calls were made by staff, residents and visitors. Seven to fifteen were self initiated by officers. Many times when the police pay attention to an issue or location there will be an increase in calls because of self-generated calls. Councilmember Bolkcom asked if the license was approved tonight to be valid until April and there was an increase in problems, if this item could be brought back to Council for review. Chief Abbott said yes. Councilmember Bolkcom said she had heard information that the LivInn Suites was considering applying for a liquor license and restaurant. Chief Abbott said he has not heard anything about a liquor license application at that location. Mayor Lund asked for clarification that this is not an action item, but Council would take comment, close or table the public hearing. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 17, 2008 PAGE 5 Chief Abbott said that is correct, no action tonight would allow the business to continue through the next renewal in April, 2009. Councilmember Bolkcom asked if Council could do something to continue monthly hearing and action plans. Chief Abbott said a statement of that desired intent would be satisfactory. If problems arose with LivInn Suites, the item could be brought back to Council. Councilmember Barnette asked if there were plans to request a liquor license or restaurant at the site. Tim Welch, LivInn Suites, said no, there used to be a restaurant but that area has been converted to rooms. Councilmember Bolkcom asked how many of the 25 employees who attended the seminar worked out of the Fridley location. Trish Wehling, Manager of LivInn Suites, said there were two sites at the meeting and all employees from the Fridley location were required to attend with the exception of the manager. Councilmember Bolkcom asked if the management had a problem continuing the monthly meetings and action plans set out. Mr. Welch agreed that all the current things going on should continue. Recently a security service was hired so when there is self-reporting, many calls come from the security service that is working for the hotel. Councilmember Bolkcom asked about the four thefts to vehicles and if the security service was patrolling the parking lots. Ms. Wehling said that of the four thefts, one was tagged and towed because the vehicle was reported stolen and another report was a repossessed car. Mr. Welch said that the security service does patrol the parking lot. Councilmember Bolkcom asked what the function was of the security service. Ms. Wehling said the security service was hired to constantly patrol and monitor hallways and parking so if something looks suspicious it can be reported. The security service is working Friday and Saturday from 8:00 p.m. to 4:00 a.m. Councilmember Bolkcom asked what the reason was behind the hours the security service works or if that was the time problems occurred. Ms. Wehling said the site is less staffed at those times. No manager is on duty and only one staff person is working at the front desk There are also more guests on site on the weekend and less staff in evenings. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 17, 2008 PAGE 6 Mr. Welch said if you look at the timing when the events occurred, most of the activity is on Friday and Saturday evenings. Brian Weierke, Fridley Police Captain, agreed. Mr. Welch said he was comfortable with the conditions and how things are going. The goal is to get the number of police calls down. The calls have not been significantly reduced, but with security on site there will be more calls because more issues are being identified. Councilmember Bolkcom asked what type of calls would be okay and what a reasonable number of calls would be. Mr. Welch said they want to make sure the police are called if there is an issue. The ideal number would be zero but when you have 134 rooms and a number of people, there will always be some type of incidents. Our goal is for the severity of calls to change. William Burns, City Manager, asked what the average room rate was at the LivInn Suites. Ms. Wehling said $69 a night. Dr. Burns suggested raising the rate and the quality of guests may change which may decrease the type and number of calls. Ms. Wehling said she did not know if the rates could be raised. Looking at the amount of calls in the last three months, the calls have decreased. Office Weierke said in the first three months, there were a lot of calls but in the last three months there have been a few bad weekends. Judy Engebretson, 5216 Taylor Street, said she has lived in her present home for the past 40 years. She has experienced police guard dogs, police with guns and police searching for someone who has a warrant for arrest at 10:00 to 10:30 at night in her yard and neighborhood. The recent murder was the last straw. She is concerned with Fridley and the reputation this projects. To read events in the paper that are happening in her back yard is frightening. Residents who have stayed in Fridley for many years are seeing the value of their homes drop because of this reputation. Ms. Engebretson commends the probationary system and is glad to see the city trying to help this establishment; however, she works at 3M and is familiar with the LivInn site in Maplewood. The LivInn Suites in Maplewood also struggles with similar issues. A lot of the problems exist because of the way the business is managed. She agrees that raising the rates may change the client base. Local people used to use this facility for friends coming for weddings, funerals and family events. She would not recommend this facility for any visiting guests. Ms. Engebretson said the City needs to evaluate this business and see if it is worth the money it takes to hand-hold them. The business should be able to run on their own, because the owner has three businesses. There is no reason the City should have to spend tax money to educate them on how to live in a community to run their business. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 17, 2008 PAGE 7 Councilmember Barnette said Ms. Engebretson spoke well for the entire neighborhood. Her points are well taken and he thanked her for the good citizenship she shows in Fridley. Richard Kempe, 5235 Taylor Street, said that he agrees with Ms. Engebretson. He was going out of his home and a police officer was in his yard telling him to get back into his home. He questioned why the City needs LivInn Suites. He also questioned why they have to offer weekly rates. Three weeks ago a window was smashed in his son's car, last year a GPS was stolen out of his car, and two years ago he had an ice auger stolen. This causing a lot of stress in the neighborhood. Mr. Welch said he is sympathetic to people who are having problems because of the incidents that have happened at the LivInn Suites. They did not intend to create those activities in their neighborhood. People who live at the LivInn Suites are Fridley residents, trying to find a place to live that they can afford in a safe atmosphere. He apologized to residents who have suffered from concerns caused by the residents of LivInn Suites. Councilmember Bolkcom asked what the LivInn Suites could say to reassure that something will be done to take care of the issues. She also has a problem spending taxpayers' money to monitor this site. The City has to take officers off the streets to take care of issues on this site. Mr. Welch said it is true they are using police sources but the LivInn Suites is also a taxpayer. A number of other businesses use police and have police calls, like Target. Councilmember Bolkcom said that most police calls to Target are probably related to shoplifting, not prostitution or drugs, and guns are probably not involved. Mr. Welch said they expect with security on site and continuing the program with the Police Department that the calls would increase, as you are changing the mode of behavior of clientele. They are trying to behave responsibly. If they could find a way to get their money back and get out of the building they would, but they have a responsibility to the lenders, investors and employees to succeed. This is a viable business that has not worked in that particular location and the building could not be used for anything else. Councilmember Bolkcom asked what they had to say to citizens to reassure them that things will change. Mr. Welch said he would repeat the list in the presentation; the extra security, monthly meetings, etc. The people who live at the LivInn Suites long-term are working and need a place to live. Implementing the program as discussed should help LivInn Suites continue to improve. Mr. Kempe asked if other hotels would not work on that site. What makes him think this establishment would work The only thing that may work is the $159 a week rate but that attracts undesirable residents. Councilmember Bolkcom said Council will continue to look at this and the Police Department will give monthly reports, so if drastic changes happen, this item will be back before Council before the April 30 renewal. LivInn Suites must continue to do other things and look at additional opportunities to improve like maybe increase the security on site. It is important to protect our community. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 17, 2008 PAGE 8 William Burns, City Manager, confirmed that staff will continue to report and if there is concern, staff will bring this issue back to Council for reconsideration. Mayor Lund said Council would like to see a reduction in the calls and a neighborly-run business. All incidences are reported as a cooperated effort with the Police Department. The police calls need to go down but not at the expense of not protecting the neighborhood. Councilmember Bolkcom said if the neighborhood has questions or concerns they should contact the Police Department or Council so they are aware of the issues. Councilmember Barnette said he appreciated the neighborhood's concerns and thinks LivInn Suites is trying to be responsive and will continue to try to improve. Mayor Lund said all is not perfect. Council does not want to see closed-up businesses, but wants to see well-run and less problematic businesses. The number of serious calls has dropped since the improvement plan has gone into place, but the total calls remain about the same. Council may not live in the immediate area but do have concern for the City and your neighborhood. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Varichak UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 8:37 P.M. NEW BUSINES: 7. Resolution Revoking Special Use Permit, SP #89-08 for 7570 Inc. to Operate an Auto Repair Business in an M-1 Zoning District, Generally Located at 7570 Highway 65 NE (Ward 2). Julie Jones, Planning Coordinator, said that Special Use Permit, SP#89-08, was granted to Sam's Auto World to operate an auto body shop at 7570 Highway 65. There have been many code violations on the property over the years including a temporary sign without a permit, parking in public right of way, storing damaged vehicles in the front parking and selling vehicles (which is not allowed in an M-1 zoning district). Ms. Jones said that following the City Council's November 10 public hearing, staff discovered that the Sam's Auto World business no longer exists on the site. The owner is leasing the buildings to several other businesses. Having multiple businesses on site requires the special use permit to be reviewed, as it was based upon the understanding that only one business would be using the buildings, storage, and parking space available. Ms. Jones said that one of the businesses leasing space is a towing company, which is a use that is only allowed in the M-3 zoning district. Staff has been in conversation with the owner of the towing company, and explained the violation. Staff is unsure of how many tenants are located on site. There appears to be a business named Grand Central Auto leasing the front building, and there appears to be a business named Blue Diamond leasing space in the back building. Besides the towing company, there may be other tenants also. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 17, 2008 PAGE 9 Ms. Jones said that staff recommends approval of the resolution revoking Special Use Permit, SP #89-08, for auto body repair at 7570 Highway 65. Staff further recommends that Council provide the owner, Samir Awaij ane, clear direction on a timeline to vacate the site if he chooses not to apply for a new special use permit. A 90-day deadline and list of benchmarks is suggested. The 90-day timeline will allow the existing businesses time to prepare an application for a new special use permit if they want to stay or move their business to a new location where it is allowed. Councilmember Bolkcom asked who is selling cars. Ms. Jones said there is not a sign on site but staff received information that there are car sales taking place on site. Councilmember Bolkcom asked if anyone from the business had contacted staff regarding any of the violations. Ms. Jones said that she had conversations with Bob, the Business Manager. Councilmember Bolkcom asked if Ms. Jones talked to Bob about businesses that are there and do not have a special use permit to have the business on site. Ms. Jones answered yes. Mayor Lund said that the public hearing was at the last meeting and no one showed up for the public hearing. Ms. Jones said it was her understanding the property owner said they had not received the notice but the notice was mailed and did not come back in the mail. Glen Nelson, new Business Manager, said he has been employed very recently to represent Samir Awaijane Enterprises. The property owners were not in attendance at any prior meetings as they were not aware of letters or requirements. They are not saying the letter was not sent but the onsite manager may have been remiss in letting them know about the various situations. The current manager is on site less than 10 hours a month. The manager basically pays utilities and collects the rent. Bob is no longer the manager and I have replaced him. If we had knowledge of the content of the letter, we would have addressed the information. Mayor Lund said the letters were sent and public notices regarding the public hearing are always in the newspaper. It is the property owner's responsibility to be aware of those things. Mr. Nelson said that Mr. Awaijane is no longer a resident of Minnesota. He is now a resident of Tampa, FL. Mayor Lund said that does not mean he should be remiss on his property. Councilmember Bolkcom said this is Mr. Awaijane's special use permit, whether he received the information or not, back in 2006 he was aware of all the stipulations that went along with the special use permit. She asked if Mr. Nelson were here to speak on Mr. Awaijane's behalf, or for Awaijane Enterprises. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 17, 2008 PAGE 10 Mr. Nelson answered Awaijane Enterprises only. Councilmember Bolkcom asked if Mr. Nelson was aware of the stipulations in 2006 and that Mr. Awaijane was not keeping up with his end of the bargain. Mr. Nelson said he was not aware of it. Mayor Lund said Council is being considerate in allowing testimony after the public hearing was closed at the last meeting. Mr. Nelson said action has been taken at the property since they have been aware of the problems. Mayor Lund asked what is Grand Central Auto and the other businesses located on site. Mr. Nelson said that the tenant is sharing space with Mr. Awaijane. Rhino Auto Body does car repair and Blue Diamond Auto Body does body work and painting. Also located on the site is Sage Towing Company and Ronson Garage Door Company. Mayor Lund asked if Mr. Nelson had any new things to share since the last meeting on November 13. Mr. Nelson said all tenants have been notified that leases will be terminated if any City codes are violated. This can include auto sales, illegal or temporary signage, outdoor storage in the front parking lot, unauthorized use of the public right of way, etc. Mr. Awaijane is actively marketing the site for sale but received information from a recent interested buyer that the planning office gave them negative information which had a negative impact on the buyer. Mr. Nelson would like to continue with the current special use permit through the final sale of the property. Mayor Lund said that he was surprised to receive information from the State Licensing Bureau that auto sales are continuing at this site. Samir Awaijane, property owner, said a car was never sold after the last meeting. Mayor Lund said it is Mr. Awaijane's responsibility to make sure there is no wrongful activity happening on the property. Mr. Awaijane said the car was sold from the person's home and the address of his company was used. The title card was listed under the shop address. Councilmember Barnette asked about the towing company. Mr. Awaijane said the company has two trucks and they tow cars from the place to the junk yard. Sometimes they park the long truck on the street. Councilmember Barnette questioned if the towing company is legal to use the property. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 17, 2008 PAGE 11 Mr. Awaijane said he also has tow trucks but does not use them because now he is a repair company. The towing company rents space, does some repairs and tows cars. Most of his work is towing and he has no idea if it is legal or not. Councilmember Barnette said the towing company is not a permitted use. Mr. Awaijane said he would have to evict the towing company if they are there illegally. Mayor Lund asked if all businesses were independent. Mr. Awaijane said that Blue Diamond shares his body shop. Mr. Awaijane is still in business. Mayor Lund said he does not believe Council is trying to run Mr. Awaijane or any of those businesses out of business. Council wants Mr. Awaijane to run a good, legal business and he has been here before for a lot of the same repeated violations. If someone sold cars from Mr. Awaijane's site, it is up to him to find out what their business is before he leases the space. Mayor Lund said that if Mr. Awaijane is living full-time in Florida, it is probably difficult to manage the property from Florida. The facts still look clear that he is allowing businesses to operate there that should have a special use permit. He said he had strong doubts about giving more time to this issue that keeps coming back. Councilmember Bolkcom asked if the special use permit would apply to Sam's Auto World or all the other businesses on site. Scott Hickok, Community Development Director, said the special use permit is for 7570 Incorporated. The staff report says if conditions change, the special use permit goes with the land. The reason the special use permit is being called back is because things are very different than they were when the special use permit was initially granted. When conditions change, it is suggested to revoke the permit and either reapply for a new special use permit or be out in 90 days. Councilmember Bolkcom said that the petitioner should know if any new entities came in and if the special use permit would still support the new businesses that came into the property. It is the petitioner's responsibility to check with staff to see if it is a legal and valid business. All these businesses are not what the special use permit was set up for and this has been before Council more than once. Mr. Awaijane said all activity happening is what has been happening on site in the past except for the towing. Councilmember Bolkcom said that Mr. Awaijane is aware of how the special use permit works and he was aware of the auto sales, outdoor storage issues, public right-of-way etc. Mr. Awaijane was aware of everything that was wrong before tonight and before last meeting. These are not new issues. The property owner holds the special use permit, and it is his responsibility to make sure this does not happen. There is no reassurance this will not happen again. Mr. Awaijane asked about the outside storage. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 17, 2008 PAGE 12 Ms. Jones said there were damaged and inoperable vehicles stored in the front parking lot and it has been going on for several months. Mr. Hickok said the towed vehicles have been brought back to the site and left inoperable and stored outside on site. Mr. Awaijane said that some cars come in smashed up and have to be in the front until they can be moved to the back Sometimes they do not get put in the back right away. There is no sign that says you cannot park on the street, and some people park on the street from the trailer park. Mayor Lund said it is okay to park on the street if the vehicles are licensed, operable vehicles. Mr. Hickok said if the parking on the street is due to expanding the business it is different from someone visiting the neighborhood. Mayor Lund said that with six businesses on site there must be adequate parking for the vehicles of staff and tenants. Councilmember Bolkcom asked if Mr. Awaijane asked staff about additional parking needs since the new businesses have come on site. Mr. Hickok said that he had a discussion with Mr. Awaijane regarding parking and that he offered to buy the public right-of-way but made no strides to do so. Nothing happened and people continue to park there. Mr. Awaijane said he remembered talking to the Highway Department. Mr. Hickok said that Mr. Awaijane needed to go through a vacation process through the City and it was never requested. William Burns, City Manager, asked what would need to be done if the special use permit were revoked. He asked what the mediation period was and how many people would be put out of business and what would they need to do to get back in business. Mr. Hickok said that this pertains to three or four auto body shops on site; Grand Central Auto, Rhino, Blue Diamond and Sam's. The special use permit was given to the property. It is unknown if Mr. Awaijane's body shops even have proper paint booths, etc. The recommendation this evening is that the special use permit be revoked and that the tenants, Grand Central, Rhino, Blue Diamond and Sam's, make applications for a new special use permit or a collective special use permit to reorganize all entities on site and review the parking and building code needs. Once all this happens, the businesses would be able to stay there. The businesses need to operate under guidelines the City has in process. Councilmember Barnette asked for clarification that if Mr. Awaij ane owns the property and leases out to other entities, would the special use permit go to the owner of the property. If a special use permit is worked out and meets the City's requirements, Mr. Awaijane would still be in charge to make sure the property is in compliance. Mr. Hickok said that is correct. The special use permit is assigned to the property to take into consideration everything on site. This would not include the towing business. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 17, 2008 PAGE 13 Councilmember Barnette said that Council does not want the businesses to go away but they must meet the requirements of the City. Mr. Awaijane said that only two body shops are in the back The front building is for mechanical repair. Mr. Hickok said that staff reports would contradict that statement. There has been some body work that has happened in the front building. Ms. Jones said that the City Code requires a special use permit for auto repair and does not specify auto body. Auto body is heavy body repair. Mayor Lund asked if the special use permit goes with the property or if each individual business needs a separate special use permit. Mr. Hickok said that when another entity is added, staff needs to reevaluate the business. The intensity of this site has multiplied and a greater area is needed for cars. When the use of the site is multiplied you need to look at the site and see what has changed. Currently the standards have been violated. The current standards do not apply to three different entities. Mayor Lund asked if the special use permit were revoked if they would be put out of business until they reapply for another special use permit. Mr. Hickok said that the business would need to be out in 90 days or working in good faith towards a new special use permit, which could include site enhancements. The tenant would need to leave if their intent is not to renew the special use permit or violate the current special use permit. Within 90 days, all uses would need to be clear unless they go through a new special use permit process. At end of 90 days, an application would not be accepted and all businesses would need to be gone. Councilmember Bolkcom asked if it would be cleaner to revoke the special use permit and have the petitioner come back with a new special use permit as there is such a difference from the original application. She asked if there is a way the petitioner can work with staff and come back with a plan related to the multiple tenants addressing parking, storage etc. Mr. Awaijane is aware of the issues from before and aware of the stipulations. Fritz Knaak, City Attorney, said that it is cleaner to start a fresh special use permit every time a new business comes in and wants a modification to an existing special use permit. Once you start modifications to the special use permit, it can be difficult to remember what is allowed and what has been modified. The best practice when you are aware of ongoing violations is to terminate the current special use permit and work with the owner to get another permit. That is the cleanest and fairest way to do it with all the parties involved. Councilmember Bolkcom said it is different if there is just one business and they were not in compliance, but now there are several businesses. Mr. Hickok agreed 100% with Attorney Knaak At a certain point when there are several violations, eventually it will result in revocation of the special use permit. This will give the businesses 90 days to find a new place or apply for a new special use permit. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 17, 2008 PAGE 14 Councilmember Bolkcom confirmed that the businesses could stay if a new special use permit was granted with stipulations if there is an active application. Mr. Awaijane asked what would happen if the special use permit was not renewed. Would all the businesses need to be gone. Mayor Lund said that if the special use permit was revoked, the businesses would have 90 days to reapply for a new special use permit and would need to meet all requirements. Mr. Awaijane said that his businesses meet all the requirements now. He did not do anything wrong except someone sold three cars without him knowing. This should not stop business for everyone else. Councilmember Bolkcom said that from when the original special use permit was granted up to today, the same business is not operating anymore. To bring the special use permit up-to-date, Council needs to revoke the current special use permit and have them make a new application. This does not mean all businesses cannot exist. Mr. Awaijane said he was confused about the towing business as he currently has two tow trucks. He did not understand how they could be legal for him but not the towing company. Mayor Lund advised Mr. Awaijane to have a discussion with staff and they will let him know what is legal and what is not. Mr. Awaijane is not managing the business, the onsite manager is not managing the business, and now a new manager has been hired. The issues need to be resolved. Mr. Nelson said that as he understands it, if revocation occurs, staff will allow the existing tenants to operate for the next 90 days and if those tenants are inclined to apply for individual special use permits or a collective special use permit, everything should be done in 90 days. Mr. Hickok said staff is allowing businesses who want to find a new location 90 days to be out of the building. Those who want to stay will be part of the new special use permit. MOTION by Councilmember Varichak to revoke Special Use Permit SP #89-08. Seconded by Councilmember Barnette. MOTION by Mayor Lund to include the 90-day timeline to vacate recommended by staff as follows: 1. Removal of signage for any business no longer located on the site within 15 days of Council revocation. 2. Installation of signage for any business leasing on site within 30 days of Council revocation. 3. Removal of all full and partial automobiles as well as parts outside of the building. 4. Removal of all automotive parts and fluids from the premises. 5. Sweeping of all paved surfaces in the front and back of the site. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 17, 2008 PAGE 15 6. Removal of all screening fence sections and posts. 7. Removal of any part and equipment racking. 8. All disturbed soil must be graded and landscaped (lay sod or seed) to assure soil is stabilized to resist wind and water erosion. Seconded by Bolkcom UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 1. Resolution Authorizing Staff to Pursue Federal Stimulus Funding for Local Projects. Councilmember Bolkcom wanted staff to look at the Commuter Rail Station needs like a signal, left turn signal, widen the street and look at other things related to retail and rental studies near the commuter rail. MOTION by Councilmember Bolkcom to adopt Resolution No. 2008-56. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 7A. Resolution Supporting the Safe Routes to School Grant Application by Independent School District #14 to the State of Minnesota Department of Transportation. Councilmember Bolkcom asked if the City will be reimbursed for any costs. William Burns, City Manager, said that at one point we were asked to be the author of the grant and there were costs associated with that. Councilmember Barnette asked about the signage on East River Road and the area where the Northstar tunnel is. He said this will provide an opportunity for children to walk to school and would be a safe way for kids to get to school by crossing East River Road. Dr. Burns said that the grant application goes in this week, which is why action is needed tonight. He is not sure with the time involved that the signal is something that can be covered with these funds. MOTION by Councilmember Bolkcom to adopt Resolution No. 2008-58. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 17, 2008 PAGE 16 8. Informal Status Report. William Burns, City Manager, said that the December newsletter will be out the beginning of December. Councilmember Barnette reminded residents of the parking ordinance in affect from November 1 through April 1. No parking is allowed overnight on the street. Mayor Lund asked to discuss a letter received from Robert Kennedy Jr. after the meeting. 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 10:07 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor � � CffY OF FRIaLEI' Date To AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 8, 2008 December 2, 2007 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Consideration of an Extension for SP #05-03 and VAR #05-14 for the Expansion of Woodcrest Baptist Church M-08-26 INTRODUCTION On November 7, 2005, the City Council approved a special use permit and variance request to allow for an expansion of the Woodcrest Baptist Church building and the reconstruction of the parking lot. On December 4, 2006, the City Council approved a one-year extension to allow the church the additional time they needed to work on the design elements of the addition and fundraising. On December 10, 2007, the City Council approved an additional one-year extension to allow the church additional time to fundraise. Due to the economy slow-down the church hadn't be able to secure permanent financing. Staff contacted the petitioner again this year, to let them know that the special use permit and variance were about to expire. The petitioner, Kinghorn Construction, promptly responded with the attached letter requesting at least one more extension. He states that like last year, fundraising is slow and at this point, the church is unsure what the future holds for the expansion. As a result, they are asking for an additional extension. PLANNING STAFF RECOMMENDATION City Staff recommends granting a one-year extension on Special User Permit, SP #05-03 and Variance Request, VAR #05-14, in the hopes that this will provide adequate time for the petitioner to secure funding for the project. --. _..._-._ __ _ _ ._.---COMPANY --___.__ _ Noveinber 24, 2008 Mr. Scott Hickok Coinmunity Developrnent Director City of Fridley Municipal Center 6431 University Ave. NE Fridley, MN 55432 Re: Woodcrest Baptist Church Special Use Permit OS-03 Variance OS-13 Dear Mr. Hickok: We are respectfully requesting an extension of the Special TJse Pennit and the Variance for Woodcrest Baptist Church. This is pretty much for the same reason that we had last year and that is very simply fund raising has been slower than expected. Now with the banking industry in the tank they siinply do not know what the future holds. They are taking a wait and see approach and if this is prolonged, we may need to go through the city approval process again at some future date. They wauld really appreciate at least one more extension. Thank you for all your consideration, we appreciate it. Si erely, , Grady L. Kingho n CEO Cc: Woodcrest Baptist Church General Contractors ° 14198 Northdale Blvd. Rogers, MN .5,5374 Tel: 763-428-8088 Fax: 763-428-8090 � � CftY OF FRIDLE'Y TO: FROI�: DATE: SUBJECT: . ; � . � , �, � : ' : 1 i : William W. Burns, City Manager James P. Kosluchar, Public Works Director December 8, 2008 Submittal of the City of Fridley's Draft Protection Plan PW08-052 The City of Fridley Draft Phase 2 Wellhead Protection Plan was sent out on September4, 2008 to various local government and state agencies are required. This began a 60-day comment and review period for the draft plan. At the conclusion of this period, the City held a public hearing in compliance with Minnesota Statutes 4720.5350 on November 10, 2008. Public comments received were reviewed during the hearing, and any persons desiring to be heard were provided opportunity to comment. After consideration of the public comments, and prouiding time to address comments received, staff is ready to submit this plan to the Minnesota Department of Health for approval. The updated plan is available at the City's website under Departments/Public Works/Water, ar directly at htfip�//v�n�vw.ci.fridle�mn.us/�ubwEss/uvater.h�m Recommend the City Council approve the submittal of the City of Fridley's Draft Wellhead Protection Plan for review and approval. JPK/jpk - « . ,� AGENDA ITEM • • � : - : i�: TO: William W. Burns, City Manage�� FROM: James P. Kosluchar, Fublic Works L�irector ,L�t,�,�'""•�--�- DATE: December 8, 2008 ';'� :% SIJL�JECT: Commons Part WTP Improvements, Project No. 379 - Change Order No. 1 PWO$-054 Attached is Change Order No. 1 for the Commons Parlc Water Treatment Plant Improvements. The change order is necessary to modify the contract to meet the City of Fridley's prevailing wage requirements. The requirements were inadvertently 1eft out of the bidding and contract documents for this praject. Fortunately, the contractor and most subcontractors are paid at prevailing wage rates. The amount af the change order is due to one subcontractar's requirement to adjust wages. The amount af this change order is $ 2,500.00, which would increase tlze contract amount to $ 609,200.OQ. Recommend the City Council approve Change Order No. 1 to Shanlc Constructors, Inc., in the amount of $ 2,500.00. JPK/j pk Attachrnent � ��► Owner City �f Fridley, MN 6431 University Ave NE, Fridley, MN 55432 � Contractor. Shank Constructors Inc, 3501 85th Ave. N, Brooklyn Park, MN 55443 �O��StB'0� Bond Compan� Liberty Mutual Insurance Company, 175 Berkley Street, Boston, fv1A 02117 CHANGE ORDER N0. 1 CONIMONS PARK WATER TREATMENT PLANT IMPROVEMENTS BONESTRQO FILE N0 000545-0800Z-0 Date N�vember 4, 2008 Bond No 1900Z00h1 item No. Description of Work Amount 1 Prevailing Wage Rate Change Cost: adjustment necessary to fulfill the requirements as set by Cit:y Ordinance N�, 1095 and resolution 38-1997. This Ordinance adopts the $2,500.0� prevailing h�urs of lah�r and prevailing wage rate set by the Minnesta Department of Labor and Industry. Cont.ract�r shall provide payroll rec�rds accompanied by a signed Staternent of Compliancefrom Shank Constructors, inc.'s agent supervising payment of persons empioyecJ under the the contract. Records shall be submitted weekly, in c:ompliance with Section 5S(a)(3) of regulatian 29 CFR Part 5. uuo� �,-osou�.��cHOi .i> � Origina) Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) CHANGE IN CONTRACT TIMES Original Contract Times: Final Completion (days or date); Increase of this Change Order: Final Completion (ciays or date): Contract Time with all approved Change Orders: Final Completion (days or date): Recommended for Ap rc BONEST 0, INC. � Approved by C actor: SHANKrC-B�NST C�'OR� Approved by Owner: CITY OF FRIDLEY cc Owner Contractor Bo�ding Company Bonestroo 000�+��osoo�-ocHO �,ri. al � $606,700.00 $0.00 $ 2, 500. 00 $h09,200.00 May 1, 2009 No Change May 1, 20�9 Date: GG � �� Date: ��S�b� Date 13 � � �ffY �F FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 8, 2008 William W. Burns, City Manager Deborah K. Dahl, Human Resources Director December 4, 2008 Compensation Adjustments In order to prepare the final figures for the Personal Services portion of the 2009 budget, it will be necessary for the City Council to approve any adjustments to salaries, benefits and other forms of compensation for 2009. I recommend the following for full- and part-time, non-union City employees: 1. A general increase of 3.0 percent in salaries. 2. An increase of 3.0 percent in automobile allowances, where applicable. Staff recommends Council's approval of the attached resolution. Thank you for your attention to this matter. dkd/rsc Attachment RESOLUTION NO. RESOLUTION AUTHORIZING AN INCREASE IN COMPENSATION AND CHANGES IN CERTAIN BENEFITS FOR THE 2009 CALENDAR YEAR WHEREAS, it is the intention of the Fridley City Council to provide fair and equitable compensation to Fridley City employees within budgetary constraints; and WHEREAS, the City of Fridley intends to comply with the Minnesota Local Government Pay Equity Act; and WHEREAS, the City Council and City staff have reviewed the City's financial position as well as economic indicators and compensation adjustments by comparable employers; and WHEREAS, an adjustment of employee salaries and benefits is warranted; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the following adjustments and changes be authorized for non-union employees of the City of Fridley, effective January 1, 2009: 1. A general increase of 3.0 percent in non-union employee salaries. 2. An increase of 3.0 percent in automobile allowances, where applicable. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF DECEMBER, 2008. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � AGENDA ITEM � COUNCIL MEETING OF DECEMBER 8, 2008 �ffY �F FRIDLEY CLAIMS 13942� - 139�34 � AGENDA ITEM � CITY COUNCIL MEETING OF DECEMBER 8, 2008 ��F LICENSES FRIDLEY 'Type of License Applicant Approved By: Mana erial Li uor Dis ensin Kristen Hiller Anne Public Safet A lebee's Mana erial Li uor Dis ensin Justin M Loo Public Safet Applebee's Mana erial Li uor Dis ensin Denise J. O'Connell Public Safet A lebee's Mana erial Li uor Dis ensin Mark J. Hillstrom Public Safet Broadwa Pizza Social Skill Card Game Kimberl Satovich-Roussell Public Safet Tournament Provider 1298 East Moore Lake Dr � AGENDA ITEM � CITY COUNCIL MEETING OF DECEMBER 8, 2008 ��F LICENSES FRIDLEY Contractor T e A licant A roved B Advance Companies Commercial or Larry Trapp Ron Julkowski, CBO S ecialt Bostrom Sheet Metal Works, Inc Heatin Robert Vranicar Ron Julkowski, CBO Brenk Brothers Inc. Si n Erector Mike Doran Ron Julkowski, CBO Cedar Development Commercial or Fady Daw Ron Julkowski, CBO S ecialt Comfort Matters Heating & Heating Corey Hickmann Ron Julkowski, CBO Cooln Inc. Contracting Solutions, Inc Commercial or Jason Hand Ron Julkowski, CBO S ecialt CSM Corporation Commercial or Dave Wankel Ron Julkowski, CBO S ecialt Construction Results Corp Commercial or Mark Snyder Ron Julkowski, CBO S ecialt Minnesota Si n Com an Inc. Si n Erector Trud Putbrese Ron Julkowski, CBO Robert Robins Contractor Commercial or Robert Robins Ron Julkowski, CBO S ecialt Shank Constructors Commercial or Mike Shank Ron Julkowski, CBO S ecialt Universal Si ns, Inc. Si n Erector Rick Palmateer Ron Julkowski, CBO � � �lTY �F FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 8, 2008 William W. Burns, City Manager John Crelly, Assistant Chief December 4, 2008 Annual renewal of rental licenses Attached is a list of 194 properties that have completed the license renewal process. Each property listed has submitted a rental license application, paid all fees, and has completed the rental property inspection process. Staff recommends that City Council approve the rental license renewal for these properties. Rental Housing 4t" Quarter License Renewals Propi�: Property Address Units 1117 1121 1123 1124 1127 1128 1148 1129 1130 1131 1132 1133 1134 1135 1652 1157 1158 1166 1089 1160 1474 1826 1585 1164 1169 1171 1176 1508 1657 1177 1178 1179 1180 1524 1476 1673 1184 1200 1192 1201 1193 1194 1195 1197 1202 1733 5851 2nd St. NE 6525 2nd St. NE 6541 2nd St. NE 6551 2nd St. NE 4901 3rd St. NE 4913 3rd St. NE 4921 3rd St. NE 4939 3rd St. NE 4949 3rd St. NE 4965 3rd St. NE 4985 3rd St. NE 5005 3rd St. NE 5025 3rd St. NE 5035 3rd St. NE 5181-83 3rd St. NE 5320 4th St. NE 5339 4th St. NE 5347-49 4th St. NE 5370 4th St. NE 5401 4th St. N E 5641 4th St. NE 5714 4th St. N E 5740 4th St. NE 5800 4th St. NE 5810-12 4th St. NE 5840-42 4th St. NE 5924-26 4th St. N E 7517 4th St. N E 7534 4th St. N E 1050 52nd Ave. NE 1090 52nd Ave. NE 1120 52nd Ave. NE 1170 52nd Ave. NE 516 53 1/2 St. NE 571 53rd Ave. NE 695 57th Ave NE 251 57th PI. NE 5365-67 5th St. NE 5370 5th St. NE 5373-75 5th St. NE 5400 5th St. NE 5410 5th St. N E 5420 5th St. NE 5430-32 5th St. NE 6232-34 5th St. N E 7566 5th St. NE 11 7 5 6 7 7 7 7 7 11 11 11 11 7 1 4 2 3 1 4 2 1 1 4 1 1 1 1 1 17 17 16 17 1 1 1 7 2 3 1 4 2 3 2 2 1 Owner MATCOM Property PaulJohnson James & Jean Johnson Omar R. Nelson Neil Elmquist Neil Elmquist Nicholas Elmquist Nicholas Elmquist Nicholas Elmquist Excelsior Properties Excelsior Properties Excelsior Properties Excelsior Properties Milton Carlson Ibraham Hager Richard Perkovich Majestic Development Duane Schwartz Bonnie Siegfried James Weatherly Tap Property Management Matthew & Sara Anderson Thomas Elie John O. Haight Kenneth Jordan Joseph Tohey Shannon Munson John & Susan Kvidera Doreena Cisewski KJ Management KJ Management KJ Management KJ Management John A. Koenig Kou Yang Liveringhouse Enterprises, Inc. Lowell & Anthony Simon Rashid Lee Swanson Joel Hansmann Todd Ellestad Pierre Chamaty Rinehart L. Kurtz The Salvation Army Harbor Real Estate Solutions BCL Enterprise 12/8/2008 page 1 of 5 Propi�: Property Address Units Owner 1217 1677 1825 1223 1245 1250 1251 1252 1598 1253 1254 1609 1258 1259 1263 1264 1676 1269 1270 1266 1689 1814 1834 1274 1275 1276 1295 1297 1298 1299 1300 1301 1303 1304 1305 1306 1307 1308 1312 1314 1315 1316 1726 1061 1687 110 61 st Ave. NE 505 66th Ave. NE 271 67th Ave. NE 1591-97 68th Ave. NE 5600-02 6th St. NE 5606-08 6th St. N E 5612-14 6th St. NE 5618-20 6th St. N E 5972 6th St. N E 1200 72nd Ave. NE 1250 72nd Ave. NE 1486 73 'h Ave. NE 1580-84 73'h Ave. NE 1590-94 73'h Ave. NE 1581-83 73rd Ave. NE 1591-93 73rd Ave. NE 1655 73rd Ave. NE 360-362 74th Ave. NE 370-372 74th Ave. NE 371 74th Ave. NE 1401 76th Ave. NE 1640 76th Ave. NE 379 79th Ave NE 181 79th Way NE 211 79th Way NE 231 79th Way NE 7301-03 Able St. NE 7325-27 Able St. NE 7339-41 Able St. NE 7349-51 Able St. NE 7365-67 Able St. NE 7379-81 Able St. NE 7417-19 Able St. NE 7431-33 Able St. NE 7447-49 Able St. NE 7463-65 Able St. NE 7479-81 Able St. NE 7495-97 Able St. NE 7539-41 Able St. NE 7565-67 Able St. NE 7579-81 Able St. NE 7595-97 Able St. NE 6231 Alden Way NE 5960-80 Anna Ave. NE 7675 Brigadoon PL NE 8 1 1 4 1 2 2 2 1 42 30 1 2 2 2 2 1 2 2 4 1 1 1 8 8 7 2 1 1 1 2 2 2 2 1 2 2 2 2 2 2 2 1 34 1 Rice Family Partnership Howard B Larson Joe Schommer Rice Creek Townhouses Keith Alan Edstrom James Pearson Kenneth Hafner Kenneth Hafner Brad & Mary Carlson Ed & Sue Anderson Bailey Enterprises, Inc. Counselor Realty, Inc. Mozafar Chehrazi Gary Muske Gary Muske Gary Muske Janet Latham Joseph Tohey Jugal Agarwal Rudy Bayer T & K Properties Sonya McKinley Allen Hoffer John Gutmanis John Gutmanis John Gutmanis Chris Rugg John Glenn Wayne R. Thompson Chang Tao Vang Solomon Services, LLC. Tina & Brian Sorvari Todd Fuechtmann Marvey Mayer Robbi Olson Mark Jedlenski Harry Verner Harry Verner Harry Verner Barbara L. Overlien Barbara L. Overlien Barbara L. Overlien Glenn Bottomly Riverwood Rentals T & K Properties page 2 of 5 ProplD: 1660 1697 1620 1669 1605 1779 1706 1546 1346 1338 1707 1507 1351 1527 1352 1353 1801 1044 1045 1046 1047 1525 1709 1671 1582 1363 1364 1365 1366 1367 1368 1661 1653 1599 1496 1710 1553 1078 1536 1718 1371 1720 1711 1392 1617 1648 1674 1540 1693 1662 Property Address Units Owner 6229 Central Ave. NE 7639 Central Ave. NE 6805 Channel Rd. NE 6426 Christenson Ln NE 170 Craigbrook Way 625 Dover St. NE 5540 E Bavarian Pass 5940 East River Rd. 6540-50 East River Rd. 6551 East River Rd. 6819 East River Rd. 7969 East River Rd. 7345-47 Evert Ct. NE 5560 Fillmore St. NE 1301-03 Fireside Dr. NE 7833-37 Firwood Way 6594 Fridley St. NE 5800 East River Rd. 5820 East River Rd. 5840 East River Rd. 5860 East River Rd. 5811 Hackmann Ave. NE 1104 Hackmann Circle NE 105 Hartman Circle 1249 Hillwind Rd. NE 6341 Hwy 65 NE 6370-80 Hwy 65 NE 6379 Hwy 65 NE 6393 Hwy 65 NE 6417 Hwy 65 NE 411-413 Ironton St. NE 7340 Jackson St. NE 600 Janesville St. NE 729 Kimball St. NE 735 Kimball St. NE 248 Liberty St. NE 254 Liberty St. NE 176 Longfellow St. NE 301 Longfellow St. NE 447 Longfellow St. NE 6670-80-90 Lucia Ln. NE 7320 Lyric Ln. NE 7524 McKinley St NE 1361 Meadowmoor Dr. 1378 Meadowmoor Dr. 5514 Meister Rd. NE 241 Mercury Dr. NE 1250 Mississippi St. NE 1376 Mississippi St. NE 772 Mississippi St. NE 1 1 1 1 1 1 1 12 141 11 1 1 2 1 2 2 1 42 42 42 42 1 1 1 1 10 16 8 7 8 2 1 1 1 1 1 1 1 1 1 48 1 1 1 1 1 1 2 1 1 Mike Sherman Surburban Properties, LLC Todd & Beth Lawver Jill or Garth Peterson Raad Almobarak Ralph Dougherty Phyllis A. Reha SoJo Properties, LLC Klaus Freyinger Otty Properties PauIM.Johnson Tarik Seferovic Tim Olsen Aziz Muhammad Gary Muske Mark Jedlenski Bradley & Patricia Sequin Georgetown Court Apts Georgetown Court Apts Georgetown Court Apts Georgetown Court Apts Fatema A. Rabah Lowell Wolter Tom Kimlinger Jack & Elizabeth Sjobeck Nay-Rox Ltd. Partnership Samir Abumayyaleh Julida, LLC Nicholas Elmquist Nicholas Elmquist Jerome Thompson Margaret A. Brough Morgan Management Aminah Amatullah Paul Dotty Kathleen Rohe Garth & Jill Peterson Appletime, Inc. Tarik Seferovic Roger Roelofs Lucia Lane Apartments, Shirley NG Howry Properties, LLC Joseph Teague Abdalla Omar Wlliam & Stacy Bauer Greg Carlson Gerald Joseph Pehl Thomas Zimmerman, Jr. A& M Real Estate Service page 3 of 5 ProplD: 1698 1690 1701 1704 1708 1683 1685 1663 1702 1703 1679 1714 1403 1666 1696 1699 1694 1667 1700 1705 1675 1604 1477 1064 1715 1429 1431 1584 1695 1742 1601 1646 1672 1440 1684 1441 1593 1446 1688 1447 1448 1450 1451 1452 1665 1516 1517 1501 1453 Property Address Units Owner 1601 N Innsbruck Dr. (109) 1601 N Innsbruck Dr. (132) 1601 N Innsbruck Dr. (152) 1601 N Innsbruck Dr. (154) 1601 N Innsbruck Dr. (170) 1601 N Innsbruck Dr. (172) 1601 N Innsbruck Dr. (175) 1601 N Innsbruck Dr. (176) 1601 N Innsbruck Dr. (205) 1601 N Innsbruck Dr. (207) 1601 N Innsbruck Dr. (219) 1601 N Innsbruck Dr. (220) 1601 N Innsbruck Dr. (280) 1601 N Innsbruck Dr. (307) 1601 N Innsbruck Dr. (318) 1601 N Innsbruck Dr. (321) 1601 N Innsbruck Dr. (322) 1601 N Innsbruck Dr. (338) 1601 N Innsbruck Dr. (345) 1601 N Innsbruck Dr. (376) 1601 N Innsbruck Dr. (388) 1130 Norton Ave NE 1200 Norton Ave. NE 1277-81 Norton Ave. NE 1651 Onondaga St NE 6335 Pierce St. NE 6361 Pierce St. NE 6423 Pierce St. NE 137 Pilot Ave NE 1513 N. Innsbruck Dr. 5530 Regis Drive NE 8199 Riverview Terr. NE 232 Satelite Ln NE 1375 Skywood Ln. NE 1385 Skywood Ln. NE 6111 Star Ln. NE 6121 Sunrise Dr. NE 6447 Taylor St. NE 7547 Tempo Terrace NE 7301-03 University Ave. NE 7323-25 University Ave. NE 7361-63 University Ave. NE 7373-75 University Ave. NE 7385-87 University Ave. NE 7411 University Ave. NE 7565 University Ave. NE 7573 University Ave. NE 8310 University Ave. NE 7389 Van Buren St. NE 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 5 3 1 2 2 1 1 1 1 1 1 2 1 18 1 1 1 2 2 2 2 2 1 1 1 110 1 Marjorie J. Smith Jeanne Guse Joe Barton Sue Schuck Conrad Gudmundson N. Surburban Properties Shelly Eisenschenk Lisa Ost Marie Hopper Marie Hopper Duane A. Buhl Christie Reeves Deanna Pesek Margaret Thompson Joe Moran Marjorie J. Smith Brian Tjosvold Margaret Thompson Marjorie J. Smith Sue Shuck Fountain Oaks Properties Sinan Music George Burkstrand PMJ Townhomes Scott & Lisa Larson Robert D. Shimanski Nelson Investments Milton Figueroa Jewel Dufour PK Investment Prop. Crispin Semakula John Kennedy Fridley Covenant Church Wayne S. Johnson Dave & Carole Steele Rice Family Partnership Linda Fjeld Wayne S. Johnson T & K Properties Haymant Seenanan Steven Petschel Joseph Tohey Joseph Tohey Brian P. Manning Minhtam T. Nuyen Jim Price Jim Price J.A. Wedum Foundation Joseph Thomas page 4 of 5 Propi�: Property Address 1664 110 Ventura Ave NE 1531 5624 W. Bavarian Pass 1668 5405 W. Brenner Pass 1692 5848 Washington St NE Units Owner Darrell & Anne Kudebeh McCrindle Properties Jill Riley John House Total # of Licenses for approval is 194 page 5 of 5 � � �ffY �F FRIDLEY T0: FROM: AGENDA ITEM COUNCIL MEETING OF DECEMBER 8, 2008 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: PUBLIC HEARING FOR THE 2009 BUDGET DATE: DECEMBER 4, 2008 The attached 2009 Notice of Proposed Total Budget and Property Taxes was published in the Fridley Focus on December 4, 2008. This information was published in accordance with the "Truth in Taxation" requirements and also provides property owners with information regarding the City of Fridley's Budget for 2009. The public is invited and allowed to speak and ask questions concerning the budget and proposed property taxes. RDP/me Attachment Notice of Proposed Totai Budget and Property Ta�ce� The Fridley City Cnuncil will hold a public hearing on its budget and on the amount of property taxes it is proposing to c�llect to pay for the costs of services the City will provide in 2009. SPENDING: The total budget amounts below compare the City's 2008 total actual budget with the amount the City proposes to spend in 2009. 2008 Total Proposed 2009 Chanye from Actual Budaet Budget 2008 — 2009 $19,186,359 $17,676,772 <7.9%> TAXES: The prnperty tax am�unts below compare that portion of the current budget levied in property taxes in the Ciry of Fridley f�r 2008 with the property taxes the Ciry proposes to coilect in 20U9. 2008 Property Proposed 2009 Change from Taxes Properiy Taxes 2008 — 2009 $9,527,433 $9,472,487 <0.58%> �OCAL TAX RATE COMPARISON: The following compares the City's current local tax rate, the City's tax rate for 2009 if no tax levy increase is adopted, and the City's proposed tax rate for 2009. 2008 2009 Tax Rate if 2009 Proposed Tax Rate_ NO Levy Increase Tax Rate 30.324% 28.905% 28.681 % Attend the Public Hearing All Fridley City resicients are irivited to atter�d the public hearing of the City Council to express their opinions on the budget and on the proposed amount nf 2009 property taxes. The hearing will be held on: Monday, December 8, at 7:30 p.m. Fridley City Hall, 6431 Universiry Ave NE, Friciley, MN If the discussion of the budget cannot be completed, a tirne and place for continuiny che discussion will be announced at the hearirig. You are also inviteci to send your written comments fo: City of Fridley, City Manager, 6431 University Ave NE, Fridley, MN 55432 « . .� AGENDA ITEM � • � : - : ��: TO: William W. Burns, City Manager FROM: James P. Kosluchar, Public Works Director Layne R. Otteson, Assistant Public Worlcs ' ector '� �� SUBJECT December 8, 2008 Miscellaneous Concrete Repair Praject No. 375 - Change Order No. 1 PW08-053 Attached is Change Order No. 1 for this year's Miscellaneous Concrete Repair Project No. 375. This change order is for furnishing and installing a pr�tective concrete cap on Ashton Avenue between 62°d Way and 64`h Way. The City coordinated worlc with Center Point Energy. The cancrete cap was installed to 1) to provide a barrier so that this high pressure gas main won't be damaged during future excavations, and 2) pravide additional load distribution for the existing gas main. Ashton Avenue reconstruction was part of the 20Q8 Street Impravement Project ST2008-1. Since the concrete cap is extra worlc, a unit price quote was received fr�m Midwest Asphalt Corporation's sub-contractar. Staff felt the quote was a bit high and subsequently requested unit pricing from the City's miscellaneous c�ncrete contractor. The miscellaneous concrete contractor's quote was approximately 30% less and resulted in a savings of appraximately $4,500. The concrete work included installing a 4' wide concrete cap directly ab�ve the high pressure gas main and below the asphalt pavement surface. The length of the cap is 1,040 feet with a thickness ranging from 6" to 8" depending upon the depth of the high pressure gas main as determined by Center Point Energy. The amount of this change order is $13,949.42. Staff recommends that the contract amount be increased to $S8, 414.42. Recommend the City Council approve Change Order No. 1 to Standard Sidewallc, Inc., in the amount of $13,949.42. LRO Attachments Page 1 of 1 CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRID�EY, MN 55432 Standard Sidewalk, Inc. 10841 Mankato St. NE Blaine, MN 55434 SUBJECT; Change Order No, 1— Miscellaneous Concrete Repair Project No. 375 Gentlemen: December 8, 2008 You are hereby ordered, authorized, and instructed to modify your contract for the Miscellaneous Concrete Repair Project No. 375 by adding the following work: Item No. Item Description Cost 1 Furnish and install 6" thick protective concrete cap over high pressure gas $8,056.00 main (530' long by 4' wide) on Ash�n Avenue. 2 Furnish and install 8" thick protective concrete cap over high pressure gas $5 893.42 main (510' long by 4' wide) on Ashton Avenue. ' Total $13,949.42 Submitted and approved by James Kosluchar, Director of Public Works, on the 8th day of December, 2008, James P. Kosluchar, Director of Public Works Approved and accepted this day of ___, 2008 by Standard Sidewalk, Inc. Approved and accepted this day of , 2008 by CITY OF FRIDLEY Scott J. Lund, Mayor William W. Burns, City Manager r� « . AGENDA ITEM • � � : - : ��: TO: William W. Burns, City Manager , FROM: James P. Kosluchar, Public Worlcs Director �,�,_. L,ayne R. Otteson, Assistant Public Worlcs D' e,ctor ;� ,� .._. � �. DATE: December $, 2008 /' SiJBJECT: 2008 Street Improvement Project ST2008-1 - Change Order Na. 2 PW08-OSO Attached is Change Order No. 2 for the 2008 Neighborhood Street Improvement Project No. ST. 2008-1. This change order includes utility repairs to the water and sewer systems, street patching, grading at Comrnunity Parl<, and miscellaneous changes due ta minor field revisions. The amount �f this change order is $9,840.26. Staff expects final project costs to be less than tY�e cui�rent contract amount due to reduction in quantities for unit price items. Recommend the City Council approve Change Order No. 2 to Midwest Asphalt Corp�ration in the amount of $9,840.26 and to increase the contract to $2,463,890.07. LRO Attacl�unents Page 1 of 2 CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 Midwest Asphalt Corporation 5929 Baker Road, Ste 420 Minnetonka, MN 55345 SUBJECT: Change Order No. 2— 2008 Street Improvement Project No. ST200g-1 Gentlemen; December 8, 2008 You are hereby ordered, authorized, and instructed to modify your contract for the 2008 Street Improvement Project No, ST2008-1 by adding the following work: Item No. Item Description Cost 1 Additional boulevard grading around treeswas required beyond the $301,25 construction limits at 6695 Lucia Lane. 2 Additional grading required in the bottom of the swale along 68th Place $265.00 and Lucia Lane. Since the water table was higher than expected, the bottom was raised 0.5 feet to provide better drainage and maintenance. 3 Furnish and install special order sewer grate and casting at 160 $602.81 Mississippi Place. Catch basin is located in driveway and requires drive over style. 4 Excavate, remove and replace box sections of 10 gate valves located on $4,239.56 Mississippi Place (3), Cheri Lane (2), Lucia Lane (2), 5�# Avenue (2), and Channel Road (1). Remove catch basin castings and rings at 6350 Riverview Terrace due to 5 final grade adjustment. Basins built with block and required special care $380.00 to protect the structure from damage. Rernove additional concrete curb at �d Street and 46th Avenue to provide $276.25 6 smoother transition between existing and proposed concrete curbing. Adjust curb grades to match 6�d Way into the existing curb on East River 7 Road (better drainage). Adjust curb grades on 57 1/2 Avenue to match $290.00 into existing curblines (smoother transition). Required minor regrading along boulevard. 8 Reconstruct two street patch areas to relocate hydrant The hydrant is $2,032.39 located at 615' Way and Ashton Avenue and adjacent to the projec� revised location to conform with Northstar Station Plan, 9 Additional grading performed at the Community ball fields to prepare a flat $1,123.00 area for potential vending, Existing berm was found to contain some concrete materials which had to be disposed at a recycling facility, 10 Install 16 footings for ball field benches at Community Park Also, concrete $330,00 side walk forms were adjusted to better match the existing backstops, � Total �g,g40.26 Page 2 of 2 Submitted and approved by James Kosluchar, Director of Public Works, on the 8th day of December, 2008. James P, Kosluchar, Director of Public Works Approved and accepted this day of , 2008 by Midwest Asphalt Corporation Approved and accepted this day of , 2008 by CITY OF FRIDLEY Scott J, Lund, Mayor William W, Burns, City Manager . . AGENDAITEM CITY COUNCIL MEETING OF DECEMBER 8, 2008 TO: William W. Burns, City Manager FROM: James P. K�sluchar, Public Warks Director .�./�`�--�J. Layne R. Otteson, Assistant Public Works �ctor , �; DATE: December 8, 2008 � SIJBJECT: 2008 Street Improvement Project ST2008-1 - Change Order No. .3 �.�:�� Attached is Change Order No. 3 for the 2008 Neighborhood Street Improvement Project No. ST. 2008-1. This change order was required to reconstruct Asht�n Avenue from 62°d Way to 64ti' Way. The work was performed on a time and material basis rather than bid prices due to the conflict with an existing shallow 24" gas transmission main located on center of Ashton Avenue. This gas main is separate from the new 20" main installed in 2008 by CPE. CenterPoint Energy (CPE) notified the City in the winter af the potential of a shallow high pressure gas main. In the spring, CPE performed an extensive subsiirface exploration and identified the pipe depths. These depths, in conjunction with our need to maintain the road grade due to side street and access apenings, resulted in the requirement to install a concrete protective cap above the pipe with a thicicness of 6" to 8". CPE and the City used the City's street project contractor to perform the work to keep its project moving forward. CPE also required the contractor to keep trucks and heavy equipment 4' away from the centerline of the pipe. This severely reduced access and earth moving efficiencies. Several meetings with CPE and the contractor ensued and a revised construction plan and schedule was agreed upon. The total additianal cost to construct the street due to the gas line is $25,723.69, including the cost to fiunish and install the protective concrete cap. Some of this work will be paid under the Miscellaneous Concrete Project No. 375, but the costs will be charged against the 2008 Street Improvement Project. Staff will pursue reimbursement from CPE for eligible costs. The amount of this change order is $12,048.45. The contract amount will be adjusted to $2,475,938.52. Staff expects final project costs to be less than the original contract amount due to quantity reductions in unit price items. This is expected to show upon approval of the contractor's Final Payment. Recommend the City Council approve Change Order No. 3 to Midwest Asphalt Corporation in the amount of $12,048.45. LRO Attachment CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 Midwest Asphalt Corporation 5929 Baker Road, Ste 420 Minnetonka, MN 55345 SUBJECT: Change Order No. 3— 2008 Street Improvement Project No. ST2008-1 Gentlemen: December 8, 2008 You are hereby ordered, authorized, and instructed to modify your contract for the 2008 Street Improvement Project No. ST2008-1 by adding the following work: Item No. Item Description Cost � Work performed by the contractor on a time and material basis (hourly) $32,405.44 including removals, gradin�g, and base preparation of Ashton Avenue between 62�d Way and 64t Way. Removals, excavation and grading for the installation of the protective concrete cover and curb & gutter. 2 Additional traffic control required to protect shallow gas main on Ashton $889.33 Avenue during construction activity. 3 Reduction in the following project quantities as this work was paid on a ($21,246.32) time and material basis (Item No. 1) rather than as a bid item: Subgrade prep - 9.4 sta $- 928.72 Common Exc (ori-site) - 462.0 cy $- 4,019.40 Common Exc (hauled off-site) - 931.0 cy $- 9,496.20 Aggregate Base Production - 4560.0 sy $- 2,280.00 3" Aggregate Base Placed - 5320.0 sy $- 4,522.00 � Total �12,048.45 Page 1 of 2 Change Order No. 3— 2008 Street Improvement Project No. ST2008-1 (continued) Submitted and approved by James Kosluchar, Director of Public Works, on the 8th day of December, 2008. Approved and accepted this Approved and accepted this James P. Kosluchar, Director of Public Works day of , 2008 by Midwest Asphalt Corporation day of , 2008 by CITY OF FRIDLEY Scott J. �und, Mayor William W. Burns, City Manager Page 2 of 2 � AGENDA ITEM � CITY COUNCIL MEETING OF DECEMBER 8, 2008 �ffY �F FRIDLEY INFORMAL STATUS REPORTS