02/25/2008 - 29244CITY COUNCIL MEETING
CITY OF FRIDLEY
FEBRUARY 25, 2008
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 Varichak
Councilmember Bolkcom
MEMBER ABSENT: Councilmember Saefke
OTHERS PRESENT: William Burns, City Manager
Scott Hickok, Community Development Director
Jim Kosluchar, Public Works Director
Fritz Knaak, City Attorney
Rachel Harris, Environmental Planner
PRESENTATION:
A cardiac arrest response demonstration was presented by the Fridley Fire Department and
Allina.
2007-2008 Annual Review of NPDES
Jim Kosluchar, Public Works Director, presented the 2007-2008 Annual Review of the
National Pollutant Discharge Elimination System (NPDES). He reviewed the Stormwater
Authority Legislation U. S. EPA 1987 Clean Water Act — CFR 40 Parts 122, 123 & 124, the EPA
delegated Phase I& II Stormwater Program Authority to each state, in Minnesota, delegated to
Minnesota Pollution Control Agency (MPCA) and the MN Statute 115.03, Subd. 5— MPCA
given authority over the Phase I& II Stormwater Program.
Mr. Kosluchar said the stormwater pollution prevention program requirements are public
outreach/education, public involvement/ participation, illicit discharge, detection/elimination,
construction site runoff control, post-construction storm water management, and pollution
prevention and good housekeeping for municipal operations. This is the completion of Fridley's
Sth Year under the NPDES program. Fridley has been very proactive over the years in the
implementation of a Storm Water program. We have been meeting the requirements of the six
minimum measures for many years prior to these requirements from the Federal level.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2008 PAGE 2
Mr. Kosluchar said public education and outreach for 2007-2008 features Fridley Municipal
Television Channel 17 including "Good Water Gone Bad," "The Springbrook Watershed
Project." Several videos have aired on 70 plus occasions. "Endangered Wetlands" is another
broadcast produced by Springbrook Nature Center (SNC) in 2004 and is still regularly aired.
These educational programs explain what wetlands are and how development and non-point
source pollution are endangering wetland habitat. Springbrook Nature Center (SNC) Saturday
Workshops were conducted in 2007 as part of the Clean Water Partnership program.
Mr. Kosluchar said in 2007, we focused on labeling catch basins in the Oak Glen and Fridley
Central sub-watersheds. Informational handouts were passed out at relevant community events.
Public participation and involvement in 2007-2008 included rain gardens. The grading and
planting of six new rain gardens was completed with the 2007 Street Reconstruction Project as a
cooperative project with residents. With respect to wetland curriculum, the SNC staff completes
a wetland curriculum with all 3rd and 8th grade students from the Fridley School District. More
than 600 students attended last year.
Mr. Kosluchar said Illicit Discharge Detection and Elimination in 2007-2008 involved a storm
sewer system map. System maps have been updated on a regular basis to include an outfall
inventory. Additional work continues on adding information about the private storm sewer
systems to our database and maps. The Illicit Discharge Ordinance for Fridley, Chapter 110.02.6
of the City Code, prohibits the dumping of hazardous materials into the storm drainage system or
waterway. This is now enforceable as a public nuisance. Newsletter articles on illicit discharge
will include an article in the spring newsletter about how residents can help out by cleaning catch
basins near their homes.
Mr. Kosluchar said during outfall inspection and cleaning, the City will inspect a minimum of
20% of outfalls each year. Drains and manholes are cleared of debris and accumulated
sediments are removed as necessary. The outfalls directly to Rice Creek were inspected in 2007.
The inspection provides updated visual and written information on the components, materials,
and conditions of outfall structures. Construction Site Runoff Control for 2007-2008 includes
maintaining compliance with development ordinances, such as the new stormwater management
and erosion control ordinance that was approved by the City Council in 2006. In addition,
ordinances are enforced to help protect shore land areas and to require curbing of parking areas
in commercial, industrial, and multifamily zoning districts. Construction Compliance
requirements will include refining for contractors and developers, to be applied to building
permit requirements. The intent is to educate building and construction industry and provide
compliance with the permit. The next step in the process is to integrate guidelines further with
construction permitting. The City maintains its own compliance on its projects, and assists with
education on compliance for contractors.
Mr. Kosluchar said Pollution Prevention/Good Housekeeping for Municipal Operations in
2007-2008 includes storm sewer treatment device cleaning. The City inspects and removes
debris and sediment from the seven structural storm sewer treatment devices each spring and fall.
The City completed six rounds of street sweeping in 2007 removing approximately 3,600 cubic
yards of material from our streets. About half of this material is sand or dirt. The City has
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2008 PAGE 3
reduced the amount of sand applied to roadways for the 2007-2008 winter season. Elimination
of sand application in one of six districts was completed as a reduction measure.
Mr. Kosluchar said if anyone needs additional resources they can be found at the MPCA Storm
Water web site, www.pca.state.mn.us/water/stormwater/index.html, the EPA Storm Water web
site, www.e�a..°�ov/npdes/stormwater, and the City's web site, www.ci.fridle .v mn.us.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council meeting of February 11, 2008.
APPROVED.
NEW BUSINESS:
1. Resolution Authorizing Execution and Delivery of a Release of Option Rights Relating
to a Storm Sewer Easement at the Property Located at 6499 University avenue NE
(Ward 1).
William Burns, City Manager, stated that in December of 1988, the City retained an option from
the owners of 6499 University Avenue to an easement for storm sewer purposes on this property.
This easement is in the middle of the former Target Operations Center building just north of the
Municipal Center. The current owner of the building is in the process of selling the building to a
new real estate investment company and wishes to clear the title to the property. Public Works
staff has determined that there is no need for this storm water easement and recommends that
Council release its option to claim a future easement.
ADOPTED RESOLUTION NO. 2008-12.
2. Resolution Authorizing Changes in Appropriations for the 2007 Budget for December,
2007.
William Burns, City Manager, stated these changes reflect the expenditure of funds from grants,
donations, and reimbursements for the General Fund and the Springbrook Nature Center Fund.
The $19,820 in new General Fund expenditures is all offset by donations and other unbudgeted
revenue sources. Nearly all of these expenditures are from the Police Department and the Parks
and Recreation Department. Examples of these expenditures include those for Safety Camp,
'49er Days, and National Night Out. The $1,615 in new Springbrook Nature Center
expenditures was for a flat screen television that was totally offset by donations. Staff
recommends Council's approval.
ADOPTED RESOLUTION NO. 2008-13.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2008 PAGE 4
3. Resolution in Support of a Renewal Application for a Minnesota Lawful Gambling
Premise Permit for the Northeast Lions Club at Baggans Pub Located at 3720 East
River Road (Ward 3).
William Burns, City Manager, stated this is a renewal of a permit held by the Northeast
Minneapolis Lions. The new permit will extend from April 1, 2008 to March 31, 2010. Staff
recommends Council's approval.
ADOPTED RESOLUTION NO. 2008-14.
4. Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement for
Bids: Sanitary Sewer Lining Project No. 376.
William Burns, City Manager, stated $65,000 has been budgeted for the lining of sanitary
sewers on portions of River Edge Way, Third Street, and Woody Lane in 2008. The resolution
authorizes staff to seek bids for this work Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2008-15.
5. Claims (135621— 135770).
APPROVED.
6. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
MOTION by Councilmember Barnette to approve the consent agenda as presented. Seconded
by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
ADOPTION OF AGENDA:
MOTION by Councilmember Bolkcom to adopt the agenda as presented. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
OPEN FORUM (VISITORS):
NO ONE FROM THE AUDIENCE SPOKE.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2008 PAGE 5
PUBLIC HEARING:
7. Consider Revocation of Special Use Permit SP #06-08, for Fridley Gas and Shop, to
Operate a Service Station with Fuel Sales in a C-2, General business Zoning District,
Generally Located at 6071 University Avenue NE (Ward 1).
MOTION by Councilmember Bolkcom to open the public hearing and waive the reading.
Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT
8:05 P.M.
Rachel Harris, Environmental Planner, presented the Fridley Gas and Shop public hearing to
consider revoking Special Use Permit, SP #06-08. Staff has been unable to obtain consistent
compliance despite numerous code enforcement letters, meetings on-site and in the city offices,
and a 2006 public hearing for consideration of revocation of the special use permit. The repeated
non-compliance of the business owner and property owner has led staff to recommend
revocation of Special Use Permit, SP #06-08.
Ms. Harris stated that on November 5, 2007, staff issued a code enforcement notice for
exceeding 48-hour parking, storing unlicensed vehicles, and parking vehicles outside of striped
stalls. The vehicles in violation were absent upon re-inspection on November 19, 2007, and the
case was closed. Unlicensed vehicles were also on site.
Ms. Harris said that on December 14, 2007, the business owner met with staff regarding special
use permit parking violations. Staff explained the special use permit stipulations. He said vehicle
owners do not pick up vehicles once repaired. He requested an extension to remove vehicles in
violation. He complied by the new deadline of 8:00 a.m. December 24, 2007. A few days later,
on December 28, 2007, staff found a silver sedan in violation of the 48-hour parking stipulation.
On January 4, 2008, staff observed two vehicles had been on-site for 8 days.
Ms. Harris said staff recommends that Council take comment for the consideration of
revocation of Special Use Permit, SP #06-08, for Fridley Shop and Stop, located at 6071
University Avenue NE, at the February 25, 2008, Council meeting.
Councilmember Bolkcom asked which stipulations were violated.
Ms. Harris answered numbers 2, 3, 5, 10, and 12.
Husein Ahmed, 2312 Louisiana Avenue South, St. Louis Park, property owner, introduced
himself to Council. He said he was the property owner. Awis is the business owner and he
could not be present.
Councilmember Barnette asked if a car was on the lot with no current plates, could the City
tow the car.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2008 PAGE 6
Scott Hickok, Community Development Director, answered that the issue of no current plates
would rarely be the only problem. This location in the past has had so many cars parked on the
lot, it has looked like a small salvage yard. The unlicensed vehicles were driven there probably to
get repaired, so it would be the property or business owner's responsibility to keep the vehicles
moving and not have them simply sit on the site with an abandoned appearance.
Councilmember Barnette asked Mr. Ahmed to comment about the illegally operated vehicles.
Mr. Ahmed answered that any cars that are parked on the lot for more than 48 hours will be
towed. He is going to have a contract with a towing company to take the cars away. He will
take care of the other issues with the business owner and be more active and make sure the
stipulations are met.
Mayor Lund said that some of the cars are parked around the gas tank where safety is an issue.
If emergency vehicles needed to get to the area and the area was blocked, they would not be able
to service the location. The yellow stripes are where vehicles are not supposed to park and the
property owner may not think this is important until something happens.
Mr. Ahmed said he would make sure to mark the area where cars are not supposed to park
better.
Councilmember Bolkcom said that the stipulations are nothing new and other companies with
this type of special use permit need to adhere to the stipulations. She asked why it is taking so
long for this location to comply with the stipulations.
Mayor Lund asked Mr. Ahmed when he took possession of the property.
Mr. Ahmed answered that his father purchased the property in 2005. His father was in charge
of the property but he passed away in September of 2007.
Mayor Lund said the ownership has been the same since 2005 and asked why there are so many
repeated violations.
Mr. Ahmed answered that a tenant left in mid-2006 and a new tenant is currently on the
property. He plans to reconstruct the lease and be more active or find another new tenant.
Mayor Lund said that there is a long history of violations.
Mr. Ahmed said he would like to remedy the situation.
Councilmember Bolkcom said that his father said the same thing but nothing has changed.
Now there is a new owner and the same things are happening again. She reminded NIr. Ahmed
that a special use permit is a privilege and staff should not have to police the property. She asked
what guarantee there was to make sure the stipulations would be met.
Mr. Ahmed said he would work to remedy the situation as soon as he could.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2008 PAGE 7
Councilmember Bolkcom said she needed a specific date.
Mayor Lund agreed that there should be specific time frames for the violations to be done. He
asked Mr. Ahmed if he agreed with the stipulations and if 48 hours would be feasible to get the
location into compliance.
Mr. Ahmed said he could work with that time frame and would see that the stipulations were
enforced with the business owner.
Mayor Lund said that when Mr. Ahmed is aware of problems, he cannot wait until revocation to
perform them.
Mr. Ahmed said that some of the mailings go to the property address and he does not get a copy.
Mayor Lund said that the paperwork would most likely be sent to the property address. He
suggested Mr. Ahmed give his address to staff so he can get a copy of all paperwork.
Councilmember Bolkcom asked if when he was aware of the problems when he met with staff.
She also asked what has been done since February 8.
Mr. Ahmed said he contacted the tenant and asked him to fix the violations as soon as he could
but the tenant did not comply. Some of the cars that are parked there are cars that were fixed and
the customer did not come to pick them up. It is hard to know what to do with the cars, tow them
or wait for them to be picked up.
Mayor Lund suggested Mr. Ahmed find a storage facility where the cars can be stored until they
are picked up.
Mr. Ahmed said that from now on no more violations would occur.
Councilmember Barnette asked if the gas pumps were working.
Mr. Ahmed answered yes.
Councilmember Bolkcom asked if any heavy-duty car repairs are done on site.
Mr. Ahmed said that they cannot change out an entire engine, only minor or medium repair can
be done on site. To his knowledge no major repairs are done on site.
Mayor Lund advised to make sure the stipulations are met. He said it is Mr. Ahmed's
responsibility that they are done.
Mr. Ahmed said he would make sure they are in compliance.
Councilmember Bolkcom asked if it would be okay to continue the public hearing for three
months from now because this issue is not new. Many times they get in compliance and then are
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2008 PAGE 8
in violation a short time later. She suggested that staff keep monitoring the situation and that the
property owner take care of the issues.
Mayor Lund said he wanted this property in compliance within 48 hours and advised staff to
continue to spot-check the area. The property owner needs to talk to the business owner about
the stipulations, and make sure he complies. He said he agreed with Councilmember Bolkcom
about keeping the public hearing open for three months.
Mr. Hickok suggested that if repair is needed and a part is not in, the customer should be
advised not to bring the car in until the part is received. The business owner is aware that staff
will be watching this property closely.
MOTION by Councilmember Barnette to continue the public hearing to consider revocation of
Special Use Permit SP #06-08, for Fridley Gas and Shop, until May 5, 2008. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
Mayor Lund said the property owner has two days to get the property into compliance. Staff
will visit and inspect the property to make sure they continue to be in compliance. If there are
violations between now and May 5, 2008, the special use permit may be revoked.
Mr. Ahmed asked for a list of stipulations.
Mr. Hickok provided him with a list of the stipulations.
Councilmember Varichak asked how far Mr. Ahmed lived from the property.
Mr. Ahmed said that he lived in St. Louis Park but he would do his best to maintain the
property.
NEW BUSINESS:
8. Resolution Revoking Special Use Permit, SP #06-08, for Fridley Gas and Shop, to
Operate a Service Station with Fuel Sales in a C-2, General Business Zoning District,
Generally Located at 6071 University Avenue NE (Ward 1).
MOTION by Councilmember Bolkcom to table this resolution until May 5, 2008. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2008 PAGE 9
9. Informal Status Reports.
Councilmember Bolkcom asked if there was anything new on the quiet zone.
Jim Kosluchar, Public Works Director, answered no.
Councilmember Bolkcom thanked Dr. Burns and Mayor Lund for their representation at the
Capital regarding the Northstar Commuter Rail and LGA. She thanked them for their time and
effort.
Mayor Lund asked people to support Empty Bowls on March 3 from 4:30 p.m. to 8:00 p.m. at
Murzyn Hall in Columbia Heights. This event will help replenish the food shelves. There will
be a free-will donation for a modest meal.
Dr. Burns congratulated staff and the HRA on a successful Home and Garden Show.
Mr. Hickok said it was a great show and an opportunity to share information about important
programs like the Loan Program and home improvement opportunities.
Councilmember Barnette reminded residents that the first Saturday of each month is a free
paper-shredding event at noon at the Fridley Municipal Center.
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 8:50
P.M.
Respectfully submitted,
Krista Monsrud Scott J. Lund
Recording Secretary Mayor