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CCM 09/24/2012 CITY COUNCIL MEETING CITY OF FRIDLEY SEPTEMBER 24, 2012 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:34 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Darcy Erickson, City Attorney Jim Kosluchar, Public Works Director Scott Hickok Community Development Director Darin Nelson, Finance Director Kay Qualley, Planning Intern Julie Jones, Planning Coordinator PROCLAMATIONS: Domestic Violence Awareness Month: October, 2012 Fire Prevention Week: October 7-13, 2012 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of September 10, 2012 Councilmember Saefke asked on Page 9, if the second sentence in Paragraph 8 could read: “He knows they talked about this issue on prior proposed developments there.” On Page 10, he asked if the second paragraph could begin with: “Councilmember Saefke asked if we…” APPROVED AS AMENDED. NEW BUSINESS: 1.First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #12-01, by MDW Equity, LLC). FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 24, 2012 PAGE 2 William Burns, City Manager, stated this is the first reading of the ordinance providing for the rezoning of the CITGO property. The owners, MDW Equity, LLC, have asked that the property be rezoned from C-3 to C-2. Since current lot size and setback regulations in the C-3 section of our code prevent the construction of a new building on this lot, and since C-2 requirements do allow the construction of a new building in this location, staff recommends Council’s approval. WAIVE THE READING OF THE ORDINANCE AND ADOPTED THE ORDINANCE ON FIRST READING. 2.Resolution Directing Preparation of the Assessment Roll for the 2012 Nuisance Abatement. William Burns, City Manager, stated the list includes forty properties owing a total of $31,698. Staff recommends Council’s approval. APPROVED RESOLUTION NO. 2012-66. 3.Resolution Directing Publication of Hearing on the Proposed Assessment Role for the 2012 Nuisance Abatement William Burns, City Manager, stated that the public hearing is scheduled for October 22. Staff recommends Council’s approval. APPROVED RESOLUTION NO. 2012-67. 4.Motion to Receive and Reject Bids for the Fridley Municipal Center AV Systems Project William Burns, City Manager, stated the bids for replacement of audio and video systems in the Council Chambers were opened on September 6. Only one of the three bids was complete; however, the amount was higher than staff’s estimate. Staff is therefore recommending Council reject all bids. As an alternative to re-bidding, staff is investigating the purchase and installation of this equipment through a national purchasing cooperative known as the National Joint Powers Alliance. RECEIVED AND REJECTED BIDS FOR THE FRIDLEY MUNICIPAL CENTER AV SYSTEMS PROJECT. 5.Claims (156642 – 156789). APPROVED. 6.Licenses: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 24, 2012 PAGE 3 7.Estimates: Midwest Asphalt Corporation 5929 Baker Road Suite 420 Hopkins, MN 55345 2012 Street Rehabilitation Project No. ST2012-01 Estimate No. 3……………………………………$203,142.06 Penn Contracting, Inc. 13025 Central Avenue Suite 200 Blaine, MN 55434 rd 53 Avenue Sanitary Sewer Repair Project No. 420 FINAL ESTIMATE…………………………………$2,411.25 Penn Contracting, Inc. 13025 Central Avenue Suite 200 Blaine, MN 55434 2012 Miscellaneous Concrete Repair Project No. 417 Estimate No. 3……………………………………...$19,533.28 APPROVED. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked on Item No. 4 what the next step would be for bidding out the AV Systems Project. William Burns, City Manager, said the project will go out for bid again and staff will alter the specifications for contractors. MOTION by Councilmember Barnette to approve the Consent Agenda. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 24, 2012 PAGE 4 ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to adopt the Agenda with revised numbering. Item No. 12 becomes Item No. 8 and original Item Nos. 8 through 11 to follow in order. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM VISITORS: No one from the audience spoke. NEW BUSINESS: 8.Approve Change Order No. 1 for 2012 Water Main Project No. 404 and Jackson Street Improvement Project No. 413. Jim Kosluchar, Public Works Director, stated this project contract is with GM Contracting in the amount of $496,699.01. While GM Contracting provided the low responsive bid for the combined projects, staff recognized that unit pricing was high for certain items and low for certain items. Staff requested GM clarify its pricing, as it has an impact on utility funding and application of special assessments. Mr. Kosluchar said GM Contracting provided adjustments to unit prices that are reflected in the revised schedule of unit prices. This reflects actual costs of the storm sewer and water items and allows the residences to be assessed accurately. Staff recommends Council move to approve Change Order No. 1 to GM Contracting in the amount of $0.00. The amount of the total contract remains unchanged. This change order will revise the unit pricing in accordance with the attached schedule. Councilmember Bolkcom noted that the prices on page 45 changed and these were the revised prices. Mr. Kosluchar said this price is based on estimates and the total project cost has not changed. Gwen Nawrocki stated she lives on Jackson Street and they love the improvements. They did note that the quality of the grass seed that was used was not very good and a lot of quack grass grew. Mayor Lund said this has been a problem all over the City because of the extreme heat and drought. Mr. Kosluchar said CenterPoint has made efforts to correct the poor timing on the seeding but this was the first he heard of an issue on Jackson Street. He will follow up on this area. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 24, 2012 PAGE 5 MOTION by Councilmember Saefke to approve Change Order No. 1 for the 2012 Water Main Project No. 404 and Jackson Street Improvement Project No. 413. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: 9.Consider the Proposed Assessment for Jackson Street Storm Sewer Project No. 413 MOTION by Councilmember Saefke to open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 8:05 P.M. Darin Nelson , Finance Director, stated this project came to about by a petition request from a majority of the residents along the 7300 and 7400 blocks of Jackson Street. The assessment pertains to the installation of a storm sewer pipe on each side of Jackson Street and the connection of private sump pump service lines. The assessed portion of this project is approximately $58,000. Mr. Nelson stated all property owners are contributing 50% of the storm sewer pipe and installation costs. The City’s portion of the costs will be funded through the available Storm Sewer CIP budget. Property owners were allowed to connect their existing sump discharge pipe or extend a service line to their property, with the associated costs being equally shared by the property owner and the City. Property owners were responsible for the costs of running the service line to their house and any connections required. Property owners were presented with the service line costs and had the option to select construction based on the contracted rate, or obtain their own contractor for their portion of the work. Mr. Nelson stated the base assessment per property is $1,320 and the total number of properties subject to this assessment is 22, with a total assessed cost of $31,800. Each property is proposed to have an assessment in the range of $1,320 to $1,560, depending on what services were performed by the City’s contractor. The assessment payback period is 10 years, and payments are subject to a 5.25 percent interest rate. Property owners have until the close of business on November 21 to pay all or a portion of the assessment interest free. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 24, 2012 PAGE 6 Mr. Nelson stated a deferral option for retired or disabled property owners is available for homestead properties. Qualifying factors include:  Owner is at least 65 years old; or,  Owner is retired by virtue of permanent or total disability, and it would be a hardship to make payment.  Application for deferral must be made within the first thirty days after the final assessment rolls are approved by Council.  Following income guidelines are met: Special assessment exceeds 1% of AGI, or household income is below the Very Low Income threshold as defined by CDBG. Staff recommends the public hearing be opened for public comment. Councilmember Saefke asked if the assessment amounts were what staff told people they would be. In other words, there will be no surprises to the homeowner. Mr. Nelson answered there is about a $5.00 difference, so the difference is not significant. CouncilmemberBolkcom asked if staff heard from any other homeowners about this notification. Mr. Nelson answered no. Jim Kosluchar , Public Works Director, answered no. MOTION by Councilmember Saefke to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 8:09 P.M. 10.Resolution Adopting Assessment for the 2012 Jackson Street Storm Sewer Improvement Project No. 413 MOTION by Councilmember Saefke to adopt Resolution No. 2012-68. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 24, 2012 PAGE 7 11.Motion to Receive the Fridley Pedestrian and Bicycling Transportation Study and Direct Staff to Proceed with the Creation of an Active Living Plan. Kay Qualley , Planning Intern, stated that Fridley has shown a steady increase in non-automobile transportation. More Fridley (and other Twin Cities residents) are walking and biking to work, school, shopping and parks. Increased use of city roads and walks by multiple modes of transportation means safety issues will become more complex. Higher gas prices and a sluggish economy are also factors. Ms. Qualley said Fridley has retained the same percentage of school age youths, so routes to schools are still an area of emphasis. Along with Anoka County, the Fridley’s population is aging and they may be health and mobility issues, but unlike Anoka County, the percentage of households with children remained constant. Ms. Qualley stated the new State of Minnesota Department of Public Health guidelines advocate increasing active living choices like biking and walking by incorporating them into daily activities such as work, errands, and recreation. Most short trips by autos are taken within a ½ mile radius of home. The Statewide Health Improvement Program (SHIP) grant allocated Fridley funds in 2009. Fridley received and accepted a smaller grant ($18,000) for 2012-2013. The SHIP GRANT from 2009-June 2011 was used to complete two action steps from the 2030 Comprehensive Plan. SRF (engineering research firm) consultants concentrated on two thst intersections selected from the Comprehensive Plan--University at 57 and at 61, based on where Fridley might have a walkable city center or central business and commercial hub in the future. Ms. Qualley stated the East River Road Corridor Study created biking action steps for the future and an active living plan including walking action steps or policy statements and enforcing crosswalk regulations. This would allow for ticketing of drivers who do not stop for pedestrians in crosswalks and educate pedestrians about crossing against the light. Ms. Qualley stated it would be good to work with the Fridley school system and Anoka County to implement Safe Routes to School education. Walkers want to be separated from fast-moving bicyclists. Also, we could improve maintenance of walks by enforcing the city code requiring adjacent property owners to shovel sidewalks and maintain bus stops. We could implement short-term SRF suggestions for safety of pedestrian crossings at key intersections within a 1/2 mile of schools and shopping districts, and collaborate with county and state agencies. Ms. Qualley stated that Fridley should take advantage of existing programs like Safe Routes to School. Progress was made as we transition into a more walkable and bikeable community, but we have a long way to go to safely co-exist on city roads and walks. Future steps include transition infrastructure to handle increased multi-modal uses (funding) and a pedestrian bridge over I-694 on Main Street. We also need to educate pedestrians, bikers and drivers about safely co-existing. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 24, 2012 PAGE 8 Ms. Qualley stated the next steps after the 2010-2012 City of Fridley Pedestrian and Bicycling Transportation Study are for Council to make a motion to receive the study. This will allow an opportunity for feedback and for including new data into future projects. A new smaller SHIP grant is underway and will conclude in June of 2013. It will create an Active Living Plan for Fridley, and adopt it into the City Zoning Code to guide where non-motorized transportation amenities should be added by developers in future construction projects outside TOD. MayorLund thought it would be a good idea to incorporate a living plan into non-TOD areas but it could be costly to an area other than the TOD. Ms. Qualley noted the ACCAP project incorporated bike racks into their development plan. Julie Jones, Planning Coordinator, stated currently the City does have some regulations in zoning codes that suggest installation of bike racks, and some section of codes do require sidewalks. The next step may be to make recommendations to make changes in the City Code, and instead of suggesting bike racks, for example, it will be a requirement to accommodate those who ride bikes. There are places where the City can make changes to improve the City Code. MayorLund agreed that businesses should partner and see that it is a good thing for a business to make accessibility for other ways of transportation than just by car. Councilmember Saefke noted that Pages 103 and 104 of the pedestrian study are missing. Ms. Qualley answered that will be repaired prior to Council approving the final version. Councilmember Bolkcom also noted that there are a lot of typos; especially on Page 10. Ms. Qualley said in the final version she will spell out the descriptions in more detail and correct the typos. Councilmember Bolkcom asked what commitment there would be if this is approved tonight as it involves a lot of money. She suggested having a conference meeting to discuss this in further detail before it is approved. She asked what the next process would be and who would maintain all of this. It is a great plan if it could all happen, but she was concerned where the money was going to come from. Ms. Jones noted that this is not a plan but a study. This is the ground work to start to put together a plan. Staff has a lot to gather before they will be ready to put together a plan. Tonight staff is asking Council to accept this as data and asking for approval to go forward with a plan. Staff wanted a work session with Council prior to this meeting but the timing did not work out. Councilmember Bolkcom thought it made sense to accept the study tonight but before a plan is on the agenda she would like a work session to discuss the study in more detail. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 24, 2012 PAGE 9 Councilmember Bolkcom stated people are asking for benches at bus stops, for example, and if there are not a certain amount of people who use the bus, we do not get a bench. Then picking up trash around the bus stop or shelter is also an issue. We need to work with Met Council. She questioned Page 28 where it talks about a bike rack at Banfill-Locke. She does not think it is there yet. Also, the 73 bike thefts are mainly in homes where garage doors were left open or bikes were left in the front driveway. She did not know if those thefts were related to bike racks. Also on Page 36, she asked if it was in the City Code that property owners were to maintain a bus stop. Ms. Jones answered that property owners in a TOD district are supposed to maintain bus stops; and it is a suggestion in the future to make that part of the City Code. st Councilmember Bolkcom asked on Page 62 if the University and 61 improvements were done. Jim Kosluchar, Public Works Director, answered no. Councilmember Bolkcom asked on Page 36 what a central line was. Ms. Jones said that it would be a central bus rapid transit line; this does not exist yet, but is proposed. MOTION by Councilmember Saefke to receive the Fridley Pedestrian and Bicycling Transportation Study and Direct Staff to proceed with the creation of an Active Living Plan. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY Councilmember Saefke asked if this would this be on the website or in the library for people to read. Ms. Qualley replied yes, staff will edit and make it available for others to read at those locations. 12.Approve Change Order No. 1 for 2012 Street Rehabilitation Project No. ST2012-1 Jim Kosluchar, Public Works Director, requested the change order for $16,269.00 or 1.6% of the contract amount. Additional Storm Sewer work is needed and the contract completion date will be revised. Additional work is to replace a 15” concrete pipe across 66th Avenue for $11,913.00 and additional work to upgrade the undersized storm sewer piping across 67th Avenue for $4,356.00. The completion date will also be extended to October 6, 2012. Mr. Kosluchar stated staff held off the contractor start date to review whether an alternative for water main replacement that would have saved significant project dollars was feasible; unfortunately, it was not. Staff recommends Council move to approve Change Order No. 1 to Midwest Asphalt Corporation in the amount of $16,269.00. This change order will revise the FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 24, 2012 PAGE 10 completion date of the project to October 6, 2012. The additional costs will be paid using Storm Water Utility funds, and will have no bearing on special assessments. Councilmember Bolkcom asked if October 6 is doable. Mr. Kosluchar replied yes; the weather has been good. William Burns , City Manager, asked there would be any other change orders. Mr. Kosluchar presumed there would be other change orders. He said he was not aware of anything significant, but there are usually adjustments. The water main break is the only thing he could think of. Councilmember Bolkcom asked what is “significant.” Mr. Kosluchar replied $10,000. MOTION by Councilmember Saefke to approve Change Order No. 1 for the 2012 Street Rehabilitation Project No. ST2012-1. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 13.Informal Status Report Scott Hickok, Community Development Director, reminded the viewing audience of the Recycling Drop-off Event scheduled for October 13 from 9-1. The price list for items is on the website but many items are free. This is a great opportunity to get rid of outdated electronics. William Burns, City Manager, said the October news letter will be sent out shortly. Councilmember Bolkcom announced that Pumpkin Night in the Park is looking for volunteers. MayorLund said he is participating in the fourth annual Roof Raiser for the Lee Carlson Center. If he raises enough funds, he will not have to camp overnight on the roof at Bob’s Produce. The event is on October 12 around 4:00 p.m. Those interested in donating to the Lee Carlson Center may do so on the website or can contact him directly. Councilmember Varichak said she attended the street project open house last Tuesday and about 77 people attended. She thanked everyone for coming and hoped their questions were answered. People should make sure they fill out the survey and call Jim or Layne if they have any questions or concerns. The information is posted on the website. MayorLund said he attended the Landmark open house. It is a very nice place. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 24, 2012 PAGE 11 ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 9:15 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor