09/25/2006 - 00027652CITY COUNCIL MEETING
CITY OF FRIDLEY
SEPTEMBER 25, 2006
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Billings
Councilmember Wolfe
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Scott Hickok, Community Development Director
Richard Pribyl, Finance Director/Treasurer
Fritz Knaak, City Attorney
Rachel Harris, Environmental Director
Deb Skogen, City Clerk
Connie Metcalf, 860 West Moore Lake Drive
Cynthia Anderson, 5164 Rainier Pass NE
Grant Randolph, 191 Island Park Drive #1
CERTIFICATE OF APPRECIATION:
Mayor Lund presented a certificate of appreciation to the Knights of Columbus Council #9585
on behalf of the City for their clean-up efforts and participation in the recycling events.
PROCLAIMATIONS:
Mayor Lund presented the following proclamations:
Student Foreign Exchange Week proclamations were presented to:
Inna Maslova from Latvia, attending Fridley High School
Batuhan Aydin from Turkey, attending Totino-Grace High School
Dimitri Rechard from France, attending Totino-Grace High School
Anvar Valeyev from Turkmenistan, attending Fridley High School
Fire Prevention Week October 8-14, 2006
Accepted by Fire Chief John Berg
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 PAGE 2
PUBLIC SERVICE ANNOUNCEMENT:
Deb Skogen, City Clerk, reminded citizens of the upcoming November 7, 2006, Election Day.
The City of Fridley will have two new pieces of voting equipment to help citizens with
disabilities vote. One piece of equipment will enlarge the print on the ballot for those persons
with site problems. Another machine will allow the person to blow into a tube to make his/her
vote. This equipment allows those with disabilities to vote independently.
Ms. Skogen stated that absentee ballot voting begins on October 6. If anyone will be out of
town on November 7 or knows a college student who would like to vote in their home precinct,
please contact City Hall to request an absentee ballot.
Ms. Skogen stated that election judges are still needed. She said 150 election judges are needed.
Election judges must attend a two-hour training workshop.
Ms. Skogen thanked the Public Works Department and the Police and Fire Departments for their
help in setting up, tearing down and transferring voting equipment. She encouraged residents to
get out and vote on November 7. Last year the City had an 85% voter turn out.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of August 14th, 2006
Special City Council Meeting of September 13, 2006
APPROVED.
NEW BUSINESS:
1. Special Use Permit Request, SP #06-04, by Brent Anderson, for BDA Development
Co., to Allow Limited Outdoor Storage in an M-2, Heavy Industrial Zoning District,
Generally Located at 7600 Highway 65 N.E. (Ward 2)
William Burns, City Manager, stated the petitioner, Brent Anderson of BDA Development
Company, wants to store construction supplies in a 10' by 520' lean-to structure located on his
property. He also plans additional outdoor storage on the northwest corner of the site. The
Planning Commission held a public hearing on the request at their July 19 meeting and
recommended approval. Staff recommends approval subject to the following twenty-one
stipulations:
1. Petitioner to obtain all necessary building permits prior to construction to proposed lean-
to structure.
2. Proposed lean-to shall be 5 feet from the side yard property line and the five-foot area
shall be landscaped, irrigated and property maintained.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 PAGE 3
3. Lean-to structure to be completed and all outdoor storage items to be placed inside the
structure by October 1, 2007, to avoid further legal action.
4. Lean-to structure shall be maintained as an accessory structure and shall not become part
of the principal building.
5. Petitioner to provide City staff with dimensions of the outdoor storage area in the
northwest corner of the property, labeled as "E" on the site plan.
6. A landscape plan shall be submitted and approved by City staff prior to issuance of a
building permit for the lean-to structure. Engleman ivy to be installed 24" on center on
the concrete wall of proposed lean-to.
7. A grading and drainage plan to be submitted and approved by City engineering staff prior
to issuance of a building permit for the lean-to structure.
8. Petitioner to provide storm water maintenance agreement for use of storm pond west of
the subject property.
9. Gutters shall be required on the new lean-to structure to prevent run-off to neighboring
properties.
10. Petitioner shall install curb and gutter around site perimeter and hard surface any
remaining gravel areas with asphalt or concrete.
11. Gate width and style to be installed to access the rear yard on the east side of the property
to meet fire code requirements. Gate shall also be screened with slats installed in order to
comply with code requirements by December 31, 2006. Gate shall remain closed, except
when being used for access to the yard, to ensure proper screening.
12. Outdoor combustible storage shall meet fire code requirements.
13. Water available for fire protection and distances shall comply with fire code requirement.
14. Access to and through rear yard storage area shall meet fire code requirements. A
minimum of 18 feet of clearance shall be provided for one-way traffic or 25 feet
clearance for two-way traffic.
15. No off-loading of materials shall take place in front of the principal building or eastern
entrance area or service road.
16. No new structure shall be constructed in the "undefined" area on the west side of the
property.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 PAGE 4
17. Existing semi-trailers on the site used for storage shall be removed prior to December 31,
2006. Semi-trucks and trailers shall not be permitted for storage purposes on the
property.
18. No outdoor storage shall be permitted other than the storage of items used by the
businesses located on site.
19. All storage shall be contained within the buildings, this structure as defined in this
proposal, or the area identified as "E" in the site plan.
20. Fridley Terrace fence (damaged by BDA), along the south-west edge of property to be
repaired or replaced prior to construction of the lean-to structure.
21. Poorly maintained fence along adjacent (Sam's Auto World) site to be removed once
concrete wall of lean-to is complete. This fence removal will allow room for landscape
maintenance outside o9f the lean-to and for an overall improved site appearance.
APPROVED.
2. Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment for the Street Improvement Project No. ST. 2005 — 3.
William Burns, City Manager, stated there are six properties to be assessed a total of $63,213.
The amount will be assessed over ten years, at an annual interest rate of 6.5%. Staff
recommends Council's approval.
ADOPTED RESOLUTION NO. 2006-59.
3. Resolution Directing Publication of the Hearing on the Proposed Assessment for the
Street Improvement Project No. ST. 2005 — 3.
William Burns, City Manager, stated the public hearing for this assessment is scheduled for
October 23. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2006-60.
4. Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment for the Street Improvement Project No. 2006 - 1
William Burns, City Manager, stated that there are 331 properties to be assessed $556,681.07
for a period of ten years at an interest rate of 6.5%. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2006-61.
5. Resolution Directing the Publication of the Hearing on the Proposed Assessment for
the Street Improvement Project No. 2006 — 1
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 PAGE 5
William Burns, City Manager, stated that the public hearing is scheduled for October 23 at
8:30 p.m. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2006-62.
6. Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment for the Street Improvement Project No. St. 2006-2.
William Burns, City Manager, stated that there are twenty properties to be assessed for this
project. The cost to be assessed is $30,995.50. It will be assessed over ten years at an annual
interest rate of 6.5%. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2006-63.
7. Resolution Directing Publication of the Hearing on the Proposed Assessment for the
Street Improvement Project no. ST. 2006 - 2
William Burns, City Manager, stated that the public hearing for this assessment is scheduled
for October 23 at 8:30 p.m. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2006-64.
8. Resolution Directing Preparation of the Assessment Roll for the 2006 Nuisance
Abatement.
William Burns, City Manager, stated that there are twenty-seven properties to be assessed
$25,657.54 for these abatement costs. The amount will be assessed for one year at the rate of
6.5%. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2006-65.
9. Resolution Directing Publication of the Public Hearing Notice for the 2006 Nuisance
Abatement Costs.
William Burns, City Manager, stated that the public hearing for these assessments is scheduled
for October 23 at 8:30 p.m. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2006-66.
10. Receive Quotes and Award Project for Modification of Apparatus Doors — Station 1.
William Burns, City Manager, stated they anticipated the new aerial truck would be difficult to
fit within the existing doors to Fire Station 1. Fire trucks have gotten bigger than they were at
the time the City's fire station was constructed. In anticipation of potential difficulties with the
doors, Fire Department staff developed specifications for the new aerial truck that would permit
the truck to be moved in and out of Station #1. In spite of efforts to reduce the manufactured
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 PAGE 6
height of the aerial, clearance of the doors is only 1". This leaves little room for snow and ice
build up or for driver error.
Dr. Burns said staff recommends that Council receive the quotes and award a contract in the
amount of $44,500 to Maertens-Brenny Construction Company. The contract would provide for
the modification of the door height for the two apparatus bay doors and the removal and
replacement of the fascia above those doors. This work will provide clearance of 8 inches. We
did investigate constructing the modifications in a manner that would stretch clearance to the full
height of the roof structure, as requested by Council. We found through solicitation of quotes
from two vendors, that this alternative would double the cost of the project.
RECEIVED QUOTES AND AWARDED THE PROJECT FOR MODIFICATIOIN OF
APPARATUS DOORS — STATION 1 TO MAERTENS-BRENNY CONSTRUCTION
COMPANY.
11. Claims (128309 — 128623).
APPROVED.
12. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
Councilmember Bolkcom asked about the difference between the bids for the apparatus doors
for Station 1.
Chief John Berg stated that they questioned it too. The vendor did not have an explanation
other than that was their cost.
Councilmember Bolkcom questioned if the quote would be reduced by $2,700 by contracting
with Overhead Door for the door work.
Chief Berg replied if they were to contract with that specific door company, the quote would be
reduced $2,700. A final quote has not been received from the door company.
Councilmember Bolkcom questioned if all the renewals on the rental license renewal list were
up to code and had no outstanding violations.
Chief Berg replied that is correct to the best of his knowledge.
MOTION by Councilmember Barnette to approve the consent agenda as presented. Seconded
by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 PAGE 7
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to adopt the agenda as presented. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM (VISITORS):
Grant Rudolph, 191 Island Park Drive, Apartment 1, stated that the renovation of Island Park is
going well and everything is looking great. The area is developing into a co-housing community
where neighbors know each other, share dinners a few times a week and community decisions
are made by members of the community. Not all areas will be co-housing. Several buildings are
available for rent.
Mr. Rudolph said since things are going better and since there are no health or safety issues, he
asked if Council would consider reinstating the rental license. He has invested about $40,000
into the buildings to make them rent worthy. The license could be reinstated based upon
inspection and exempting some units. Ten units are currently empty and ready to rent for $595
for one bedroom, $695 for two bedrooms. The problem is when these units sit empty, vandalism
occurs. He would like to fill the units before winter.
Mayor Lund stated once the units are inspected, Mr. Rudolph could bring this request back to
Council for reinstatement of the rental license.
Mr. Rudolph stated the re-inspection has been done. He currently owns four buildings, and lost
the licenses on two of the buildings because of previous conditions beyond his control.
Mayor Lund suggested adding this item to the end of the agenda.
Chief Berg stated Mr. Rudolph has put a lot of time and work into the units. An inspection was
done at 4:00 p.m. today. He said he had not had time to look at the site; therefore, he could not
recommend reinstatement of the license.
Councilmember Bolkcom questioned if one of the units was ready for rental and one was not,
could they reinstate one license for the unit that was ready.
Chief Berg answered that it appears that 191 Island Park Drive has passed all items for
inspection. He did not know if there were any outstanding fees to be paid to the City.
Dr. Burns, City Manager, stated that there were outstanding water bills.
Chief Berg stated that the water bill would need to be collected plus there would also be
reinstatement fees for the rental license.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 PAGE 8
Councilmember Bolkcom said if it was approved at the October 9 meeting, could the units be
rented out as early as October 15.
Mr. Rudolph stated that September 1 is usually the end of the rental season. He said the units
could possibly be rented contingent on paperwork to be completed.
MOTION by Councilmember Bolkcom to add rental license reinstatement at 190 and 191 Island
Park Drive to the agenda as Item No. 15A. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING:
13. Consider Amending the Fridley City Code, Chapter 114, Abandoned Junk or Unsafe
Motor Vehicles.
MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 8:10 P.M.
Rachel Harris, Environmental Planner, stated that it was staff's desire to synchronize the
practice with the code language. Staff inet with the City Attorney. There are three changes
proposed. The first one is to remove language referring to a code enforcement officer that we no
longer have. The second is to generalize state statue numbers to protect the meaning of the code
when the state statue numbers are revised. The third is to revise the junk vehicle section. The
current code says that we will auction a towed vehicle and staff does not follow that procedure.
Staff recommends that Council consider the proposed ordinance te�t amendment which amends
Chapter 114, Junk Vehicles, of the Fridley City Code to include language that aligns with
existing vehicle towing practices. The first reading of the ordinance will be at the October 9 City
Council meeting.
Councilmember Bolkcom asked if we are changing the language or the way we tow/auction
vehicles.
Ms. Harris answered that the contracted party tows the vehicle, keeps the vehicles, and auctions
them off if they are not claimed.
MOTION by Councilmember Barnette to close the public hearing. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER WOLFE, AND
COUNCILMEMBER BOLKCOM VOTING AYE, COUNCILMEMBER BARNETTE
AND COUNCILMEMBER BILLINGS VOTING NAY, MAYOR LUND DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:17 P.M.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 PAGE 9
NEW BUSINESS:
14. Resolution in Support of the U.S. Mayors Climate Protection Agreement to Work
Towards Taking Actions in our own Operations and Communities that Target a
Reduction in Global Warming Pollution.
Rachel Harris, Environmental Planner, introduced Connie Metcalf and Cynthia Anderson who
are representing Citizens for Global Solutions.
Connie Metcalf, 860 West Moore Lake Drive, stated that Cynthia Anderson and she are both
Fridley residents and members of Citizens for Global Solutions. They are promoting the
resolution for efforts on stopping global warming. She stated that Citizens for Global Solutions
sent a letter to all members asking them to talk to their Mayors to support the proclamation
instituted by the Mayor of Seattle. At a conference in Chicago in 2005, all Mayors in attendance
voted in favor of this proclamation. Over 300 cities are now in support of this movement, as
there is a serious problem in the world regarding global warming. It is up to us to change the
direction on where the world is going. The City is already doing a lot to help this situation and
should be very proud of its efforts.
Cynthia Anderson, 5164 Rainier Pass N.E., briefly discussed the Climate Protection
Agreement. It is divided into three parts. The first section includes 11 statements as to why it is
important. The second section asks Federal and State Government to take measures to reduce
greenhouse gasses.
Mayor Lund stated that the plan she is explaining sounded different than the one they received.
Ms. Harris replied that the copy in the packet was taken from the City of Seattle website. She
apologized for the confusion.
Ms. Anderson said that a number of U. S. companies and state and local governments have taken
the initiative to reduce global greenhouse gasses with positive economic and quality of life
paybacks. Part three lists the kinds of actions Cities may take to meet the Kyoto Protocol. The
kinds of actions are descriptive not prescriptive. This agreement is intended to allow the City to
develop its own plan depending on priorities, needs and budget. She said they had just started
discussing the agreement and came up with some great ideas. She urged Council to support this
agreement. It will put Fridley as a leader in the North Metro Area.
Mayor Lund stated that he has reviewed the agreement. He thanked Ms. Anderson and Ms.
Metcalf for their efforts. He stated that Fridley does a good job already, but there is always room
for improvement.
Councilmember Bolkcom asked about the green tags.
Ms. Anderson replied that green tags are a tradable asset. It is a way for firms that generate
more green power or wind power than they need to sell the excess production to cities or
individuals that want to support the development of green power.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 PAGE 10
Councilmember Bolkcom stated that currently we focus a lot of efforts on recycling, not a lot to
reducing. Possibly we could offer more suggestions on how to reduce waste.
Ms. Metcalf replied that we could bring up additional ideas. This is not an all inclusive list, just
suggestions.
Councilmember Bolkcom stated that some of the items will not work She suggested a glossary
explaining the programs or referencing the website.
Councilmember Barnette stated that using E85 fuel would save on the environment but
vehicles do not get the same gas mileage. Some items the Mayors are asking to support have not
been ratified by the federal government. The objection of the federal government is that 38% of
the emissions are generated by industries and this would harm the industries which may not be in
the best interest.
Ms. Metcalf gave an example that the City of St. Paul is heating parts of the downtown with
wood burning stoves. Some of the trees that fell in Fridley are being used to heat and provide
electricity downtown St. Paul. This will reduce fuels and save a lot of energy.
Councilmember Wolfe said he was not sure about Global Warming.
Ms. Anderson stated that many believe we are facing a Global Warming crisis.
Councilmember Billings stated that he does believe in reduce, reuse and recycle. This
resolution will minimize the impact on environmental problems. They are asking, however, for
Council to pass legislation that has not been seen or read. The Council is not elected to tell
others how to perform their jobs nor should they tell congress to pass legislation. He does not
believe that there is enough information provided to pass this item. What is Kyoto Protocol?
This all sounds good, but he really doesn't know what everything means. Dozens of citizens are
opposed to destroying family housing for a warehouse district. Others would need to destroy
trees to build houses. This would violate the proposed resolution. It is the right of the land
owners to keep their trees, not congress. To pass this, we could be found in a situation where we
would be forced to contradict our own goals and objectives. The City is already doing a good
job. He would hesitate to pass this item when he is unaware of the conflicts that may be out
there. It is hard to pass this item when the earth is changing all the time. We cannot control
what happens on the earth, but should continue to support the reduce, reuse and recycle efforts.
Ms. Anderson stated that the list is just suggestions and are designed to be descriptive, not
prescriptive. The City would be allowed to create a plan.
Ms. Metcalf stated that the City could increase bicycle trails and walking trails so people would
use their cars less. The City could provide trees to replace trees lost in storms.
Councilmember Bolkcom stated that everyone is into recycling to decrease pollution. She
stated they would need more information to support this item. She appreciated their efforts, but
she could not support this if Council was not knowledgeable on the agreement.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 PAGE 11
Ms. Metcalf responded that the agreement is very comprehensive. They could get some
information together that would be more specific.
Mayor Lund suggested Council table this item until more information is available.
Councilmember Bolkcom asked how much City staff time should be spent on this item.
Mayor Lund suggested that Ms. Metcalf and Ms. Anderson research and get more information
and then resubmit this item.
Councilmember Bolkcom was in agreement as long as City staff time was not e�tensively used
on this item.
Mayor Lund stated that the departments did look at the agreement and respond.
Councilmember Bolkcom asked to receive a copy of the minutes from the Planning
Commission and Environmental Quality and Energy Commission.
Councilmember Wolfe stated that the City of Fridley has done a great job and already does a lot
of things. He agreed that there were too many questions to pass this item.
Councilmember Billings applauded the efforts of Ms. Metcalf and Ms. Anderson and the goals
of the organizations. He said he would be more comfortable with a generic version of the
resolution. The goals and objectives do have good intentions.
Ms. Anderson stated that she had not seen the Seattle version. They will do some research and
submit a more generic version.
Councilmember Bolkcom suggest that staff work with Ms. Metcalf and Ms. Anderson on a
more generic resolution.
MOTION by Councilmember Bolkcom to this resolution.. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
15. Preliminary Plat Request, PS #06-01, by John Allen of Industrial Equities, to
Combine a Parcel with a Section of Railroad Property, Generally Located at 5110
Main Street N.E. (Ward 3)
Scott Hickok, Community Development Director, presented a request from John Allen of
Industrial Equities who is seeking to replat the property located at 5110 Main Street to
incorporate a portion of property that he is purchasing from Burlington Northern Santa Fe
Railroad (BNSF). BNSF has signed off on the preliminary plat application and is in favor of the
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 PAGE 12
replat application. The petitioner is seeking this replat to allow for the redevelopment of the
subject property.
Mr. Hickok stated that the subject property was originally developed in 1960 as an
office/warehouse for a building supply company. In 1978, an addition was constructed to the
building, which also involved a variance being granted to reduce the side yard setback
requirement from 20 feet to 10.5 feet. The property continued to function as an office/warehouse
used to house a building supply company until 2005, when Guardian Building Supply Company
vacated the site. The petitioner is seeking this replat to allow the combination of the existing
property and the BNSF right-of-way located west of the subject property. The subject property
is 449,849 square feet (10.33 acres) and the additional rectangular piece of land being acquired
from the railroad is 90,593 square feet (2.08 acres). After the replat, the property will be 12.41
acres in size.
Mr. Hickok stated City staff recommends approval of this preliminary plat request, with the
following stipulation:
1. Petitioner to pay applicable park dedication fees (540,442 sq. ft. x.023 =$12,430.17)
prior to issuance of any building permits.
Mr. Hickok said the Planning Commission passed this at their meeting of September 6, 2006.
Mayor Lund questioned if the properties on either side of this plat are in alignment.
Mr. Hickok replied that Kurt Manufacturing did a similar plat and the properties do align with
other properties.
MOTION by Councilmember Bolkcom to approve Preliminary Plat Request, PS #06-01, by
John Allen of Industrial Equities, to combine a parcel with a section of railroad property,
generally located at 5110 Main Street N.E. (Ward 3) with the following stipulation:
1. Petitioner to pay applicable park dedication fees (540,442 sq. ft. x.023 =$12,430.17)
prior to issuance of any building permits.
Seconded by Councilmember Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
15A. Consider Reinstatement of the Rental License for 190 and 191 Island Park Drive
N.E. (Ward 3).
Councilmember Bolkcom asked City Attorney Knaak if it would be okay to consider the
reinstatement of this license.
Fritz Knaak, City Attorney, answered that in actual practice, Council does not take action on
non-agenda items. Since this is a non-agenda item, it would not be an appropriate practice to
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 PAGE 13
take action on this item. The appropriate action would be to review a new application for a
license.
Councilmember Bolkcom stated that since all the departments have not had a chance to review
the item, it would not be good practice. She is concerned for Mr. Rudolph but Council cannot
take action on open forum items. She asked if the property is up to code and if Mr. Rudolph
asked for an inspection in a timely manner.
Chief Berg stated that they have a procedure to follow regarding inspection. Inspection is
scheduled with the same inspector. They work 24 hour shifts. In this case, it was scheduled
when the inspector was available and the property was inspected this afternoon. The ne�t
procedure is to review the license application and contact other departments for a
recommendation. He believes staff can still work with Mr. Rudolph and make this happen by the
ne�t City Council meeting. Mr. Rudolph should still be able to rent out the units.
Councilmember Wolfe stated that Mr. Rudolph asked if he would be able to still rent out units
while the procedure is in process. What happens if the inspection does not pass? The renters
cannot be kicked out of their homes. He applauds everything that has been done, but he does not
want to go against the policy either.
Attorney Knaak stated that the City can require residents to leave the property for safety
reasons. This would create a contract and lease violation but the City does have authority to
have residents leave under those conditions.
Councilmember Bolkcom asked if they did grant the license, would they be under any liability
if things went wrong.
Attorney Knaak replied no.
Councilmember Billings stated that he feels bad about the situation, but there is a good policy
in place and advised Mr. Rudolph to go through the process. Mr. Rudolph should correct and
continue to fix things, have the re-inspection done and place this item on the agenda for the ne�t
meeting. Staff tries to cooperate with the license applicant and if the applicant's livelihood is at
stake, in most instances, staff will work with the applicant to make it happen in a timely manner.
He thanked Mr. Rudolph for his update and efforts to clean up the area.
Mayor Lund stated that the majority of the Council believes that it is out of place to vote on an
open forum item. He thanked Mr. Rudolph for all his efforts.
Dr. Burns, City Manager, questioned what still needed to be done.
Chief Berg replied that they can put more staff time to inspect the properties. There is a tenant
issue and they can site the tenant. The other issues are minor. Mr. Rudolph can schedule an
additional inspection and they should be able to sign off on the property.
Councilmember Bolkcom stated that Mr. Rudolph will still need to come before the Council on
October 9 for renewal of the license.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 25, 2006 PAGE 14
16. Informal Status Reports.
Dr. Burns, City Manager, stated that the latest edition of the newsletter should be in residents'
mailboxes on or after October 2.
ADJOURN:
MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 9:35 P.M.
Respectfully submitted by,
Krista J. Monsrud Scott Lund
Recording Secretary Mayor