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03/14/2011 - 29393CITY COUNCIL MEETING CITY OF FRIDLEY MARCH 14, 2011 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:29 p.m. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: PRESENTATION: Mayor Lund Councilmember Saefke Councilmember Varichak Councilmember Bolkcom Councilmember-at-Large Barnette William Burns, City Manager Fritz Knaak, City Attorney Jack Kirk, Parks and Recreation Director Don Abbott, Public Safety Director Scott Hickok, Community Development Director Julie Jones, Planning Manager James Kosluchar, Public Works Director Darin Nelson, Finance Director Staff Update on Preparation for Spring Flooding James Kosluchar, Public Works Director, stated the National Weather Service issues forecasts every two weeks, which the City has been monitoring. The current forecast has no flood warning statements advisories. They are predicting a 95 percent chance that the Mississippi River will reach an action level which is a 14.0 elevation at the south end of Fridley. That is the gauge the City typically monitors. They are predicting better than a 50 percent chance of exceeding the 17.1 elevation reported in 1997 which was the fifth highest score on record. More ominously, they are predicting an 18 percent chance the Mississippi River will exceed a 20 elevation which would be the crest of the 1965 flood, the highest score in Fridley. Many variables can change this forecast: the temperature, melt rate, snowfall, and rainfall. Mr. Kosluchar stated the chance of flooding starts basically on March 28 and goes up to May 2. The highest probability is about mid-April. The National Weather Service forecasts indicate the probable timing is mid-April. FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 2 Mr. Kosluchar stated since 1997, the City has had a flood control gate installed at Springbrook Creek in Riverview Heights. Equipment to operate this system is mobilized when the action levels are reached. The system that was installed was designed to handle an event similar to 1997. The City also operates weirs on smaller systems. Staff is currently performing preventative maintenance on all the equipment that is necessary to operate at those locations in a flooding event as well as any additional equipment the City needs for responses to sanitary sewer emergencies, etc. The City has contacted vendors for supplies and equipment that it would need and would need to be mobilized in the event of flooding. It is also holding weekly planning sessions with departments. This week they met with Anoka County Emergency Management. He said they would also be discussing their plans with the Army Corps of Engineers. Mr. Kosluchar stated the City is tracking its utilization expenditures in the event there is a federal disaster declaration, and the City is able to recover costs. The City sent a letter to about 400 property owners in the City who are adjacent to or have portions of their property within the 100-year flood plain. The letter outlined the need for owners to prepare for protection of their property. It did not distinguish among owners impacted more or less severely in the past. Basically if someone's property would get wet in the 100-year flood, they were notified. The City's website (www.ci.fridle_y.mn.us) has flood preparation information on the front page. It includes information on flood preparedness, insurance, maps, forecasts, and safety. The City wanted to let the 400 property owners know that it anticipates there might be impacts to private properties. In 1997, there were several homes along the Mississippi River and Rice Creek that were impacted by flooding. Some of the homes were sandbagged to protect against flooding. If someone's property was affected by flooding in 1997 there is a good chance it will be affected this spring. The exception would be in the Riverview Heights neighborhood. They would be protected in the event similar to the spring of 1997 through the construction that was completed in 2002. Property owners should review their insurance options without delay. There is a 30- day waiting period. Mr. Kosluchar stated the City of Fridley and Anoka County will issue a request for volunteers if the needed. If you are in need of assistance, contact the City. If there are questions even after reviewing the flood preparation page on the City's website, feel free to contact the Public Works Division at 763-572-3552 or the Public Safety Department at 763-572-3629. Councilmember Bolkcom asked if people want to know where to get sand bags and sand, that information will be on the City's website. Mr. Kosluchar said they plan to have that on the website as soon as possible. Garland Lagesse, 7951 Broad Avenue NE, stated he lives in the Riverview Heights area. He asked what level they hit in 1997 and in the 1960's. Mr. Kosluchar replied, from the gauge station on 45th, the elevation is 17.1. That is not an absolute reference. Mr. Lagesse asked whether they were referring the 117.1. FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 3 Mr. Kosluchar replied the best the City can project is the elevation at 45th is 811.8 which they think correlates to about 821.10. That is at the current gauge up at Riverview Heights. The record flood is about 20 at 45th which converts to 114.3. They project that out to Riverview Heights and are thinking it is about 824.8. That would be the 1965 event. Mr. Lagesse asked the lowest level at the road on 79th is 822. Mr. Kosluchar replied around 822.10. Mr. Lagesse asked if there were lower points north of the dam. Mr. Kosluchar replied that is the lowest point when it was surveyed for the Riverview Heights proj ect. Mr. Lagesse stated he talked with other people in the neighborhood and they were wondering if they had a range that this might crest at. Mr. Kosluchar replied the ranges are from no impact to beyond 1965 which was 824.8. It is an 18 percent chance it will exceed that at the downstream side of Fridley. He would guess that chance is pretty much in the ballpark for the upstream side of Fridley as well. Mr. Lagesse stated that 3.7 feet makes a big difference to those who live in the Riverview Heights area because that means it will exceed the 8221eve1. He is under the impression the City will put in the pump and pump the creek so they do not get caught from the backside, is that correct? Mayor Lund stated the theory is with the system the City has in place to date it would probably adequately be able to handle the 1997 high mark Beyond that there is going to be some flooding. Mr. Lagesse stated in 1997 they did a lot of sandbagging. Councilmember Bolkcom stated that was before the City had all the things in place. There are weirs in there now, the road is built up a little bit and there are pumps. We will not have some of that backflow from those outlets. Those can all be closed off now. Mr. Lagesse stated if the river goes above 822, is the City willing to make any efforts to get them some sand bags? Mayor Lund replied the City is in the process of seeing what others are doing as well and what is available. It has ordered 10,000 sand bags. Its success will be heavily dependent upon volunteers. The City will hopefully try and recruit local civic organizations and the schools. Residents could start sandbagging soon. FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 4 Councilmember Bolkcom stated what they talked about so far and what she heard tonight at the preconference is that the City will protects its property as far as the pumps but they do not know yet what they will do for the residents. William Burns, City Manager, stated the City is providing information on its website for the residents. As they get more information on the availability of sandbags, they will post that on the website. Councilmember Bolkcom stated the bags will need to be filled. Dr. Burns stated residents will need to find their own sand for the bags. Mr. Lagesse stated in 1997, the sand was on the City property and people came and filled the bags. From there the City took them over to the neighborhood, told them how they should do it, and they did it. Councilmember Bolkcom stated she thinks that is what residents are expecting. Mayor Lund stated as the flooding issue progresses, the City will have to look at what level of participation it will be able to afford to do. Mr. Lagesse stated on the south side of 79th Way, the City has equipment for pumping sewage, etc., up the hill. He asked how they will protect that. Mr. Kosluchar stated Mr. Lagesse is referring to the lift stations they call "Apex." It is a little higher elevation than the road but not much, and they do have provisions to sand bag that area, to keep it operable. Mr. Lagesse stated another aspect a neighbor brought up is the holding pond on the north side of 79th Way. The way it is designed is the water from north of them comes down to the holding pond and there is a lot of snow there. That pond is going to fill up quick. He asked if the City was pumping the pond. Mr. Kosluchar said he know that the basin Mr. Lagesse is talking about does flow into the smaller basin to the east and then to the pumped area. It should drain by gravity. Basically the creek enters the westerly basin, goes underneath to the easterly basin, and then gets pumped out. Mr. Lagesse stated another neighbor said they looked at it not too long ago and stated there is kind of some blockage there. He asked if there was a mechanism to keep the pond from overflowing. Mr. Kosluchar replied the pumps will keep it from overflowing albeit an e�treme rainfall event. Any pumping system that put in there could be overwhelmed by a more e�treme storm. The City has lined up some portable pumps in the event the City has issues with its own equipment. Mr. Lagesse asked if the pump will take care of the creek as well. FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 5 Mr. Kosluchar replied actually there are two pumps but yes. Councilmember Bolkcom asked why the City didn't go in and try to get rid of some of the blockage. Mr. Kosluchar stated they have actually talked about trying to clear some of the bigger trees. Darlene Brady, 641 Buffalo Street NE, stated she lives across from the pond. When the City did a controlled burn previously, and it just made the weeds explode exponentially. What happens, too, when you get a lot of water there and it starts to drain, it pulls weeds out and plugs up the exit, too. Not to mention all the trees that are growing in there and filling up with rotting debris. Mayor Lund stated staff does clean them out. Ms. Brady stated she has been there 25 years and this is the first year the river was real high in the fall and all winter. She asked if they knew how much more of an effect that will have on the spring melt. Mr. Kosluchar replied he has not heard anything about that. He knows they were watching it early in the year. He thinks it is symptomatic of the rainfall they have in the fall. The City's concern is saturated soil, and that may be a cause of the river being high going into the fall. Ms. Brady stated she just wanted to remind them they do have a lot of infrastructure in this neighborhood. There are a lot of houses, streets, gas and electric utilities, etc.; and she does hope the City will do its best to protect that. She asked when does the City plans to use the big pump. Mayor Lund stated there are automatic procedures in place when certain elevations are reached. The City does not wait until it is already flooding. Ms. Brady stated her understanding is they have to put something back in it before they can use it? Mr. Kosluchar replied there is a motor that gets brought out on the green pump and there is another pump that is run off of a portable PTO that is run off one of the City's tractors. There are actually two large pumps that can operate there. Patricia Kohls, 640 Cheryl Street NE, stated in 1997, a policeman knocked on their door at 8 a.m. and told them they had to be out by noon. She asked if they were going to have a little more forewarning. The river never did go over the bank, and a lot of her personal furniture and belongings were damaged trying to get them out in a hurry. Don Abbott, Public Safety Director, stated he is also the Emergency Management Director. In 1997, the City did not have the protections in place that it does now. There were different things that happened at that time. There was an issue with one of the control measures in the culverts that was temporary. The City did not have a lot of time at that point. He does not remember any FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 6 pre-planning to the level they are doing now. That is a big part of tonight and the letter sent out two weeks ago and a notice to the block captains a few days before that and the website. They will try and give people as much notice as they can. It is very significant to displace people from their homes. Chief Abbott stated there is resource on the City's website to direct residents towards things like packing up family heirlooms and valuables. At this point, think about where you would put them or maybe even gather them in a box and have them ready to go. Now may be the time to bring up some of the furniture in the lower level to protect it. Ms. Kohls stated last time it happened there was no place to go with anything. All the moving companies and the trucks were all busy; and the rental properties were still loaded with boats, etc. They would have to rent a moving company and have them store it. They were not reimbursed for this by their flood insurance or the hotel they had to stay at. Ms. Brady stated it takes 30 days from when FEMA gets your money. She suggests they do a credit card. When she added contents they immediately put it on her credit card the same day. Inventory your belongings and take pictures in case you have to make a claim. Mr. Kosluchar stated they did just put up an inventory application for an iPhone and there is a link to it on the City's website. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of February 7, 2011 APPROVED. City Council Meeting of February 14, 2011 APPROVED. OLD BUSINESS: 1. Second Reading of an Ordinance Amending Chapter 11 of the Fridley City Code Pertaining to General Provisions and Fees (Rental Housing Inspection Fees). William Burns, City Manager, stated staff is recommending a$25 increase in the fee for rental property license and a$2 increase for in the license for each unit in a building with more than four units. These increases will bring the City very close to paying for the operating costs for this program. Staff is recommending Council's approval. WAIVE THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1275 ON SECOND READING AND ORDERED PUBLICATION. FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 7 2. Second Reading of an Ordinance Amending Chapter 11 of the Fridley City Code Pertaining to General Provisions and Fees (Land Use Fees). William Burns, City Manager, said the amendments include adding the $1,500 fee the City has been charging for master plan and master plan amendments under the S-2 portion of its Zoning Code. They are in the S-2 portion of the Zoning Code but not in the fee section of the Code. They have also added a$1,500 fee for comprehensive plan amendments to Chapter 11. Again that is an existing fee that currently does not appear in Chapter 11. Additionally staff has eliminated three fees that are no longer in place from Chapter 11. Finally, staff has added language that clarifies that the fee for the S-2 master plan applies to the original application as well as to amendments. Staff recommends Council's approval. WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1276 ON SECOND READING AND ORDERED PUBLICATION. 3. Second Reading of an Ordinance Amending Chapter 205.24 of the Fridley Zoning Code Pertaining to S-2 Redevelopment District Regulations (Text Amendment, TA #11-02, by the City of Fridley). William Burns, City Manager, stated staff has added language describing the process for the S-2 Zoning Code that they have been following since the inception of this zoning classification. The language pertains to the public review process and application fees that are not stated clearly in the Code. Since the first reading of the ordinance, staff has added language that clarifies that an S-2 rezoning or amendment must follow the same public hearing process as any other rezoning. Staff recommends Council's approval. WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1277 ON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 4. Approve Letter of Agreement with Anoka County Regarding the Disposition of 8100 East River Road (West 3). William Burns, City Manager, stated the letter requests the Anoka County land commissioner delay the sale of 8100 East River Road as tax forfeit property for six months. This will give the City and the County Highway Department time to determine whether the property should be used for the potential realignment of Fairmount Street. The delay will also give the City additional time to make certain it will recover the $83,000 in Code enforcement costs that it has invested in this property. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 8 5. Resolution Determinin Substandard Buildings District (Ward 1). g that Certain Parcels are Occupied by Structurally and are to be Included in a Tax Increment Financing William Burns, City Manager, stated the resolution pertains to 5831, 5905, and 6061 University Avenue. These are three buildings the Fridley HRA is planning to raze this spring in conjunction with the Gateway Northeast redevelopment project. Council is being asked to declare the buildings blighted in order to allow the sites to be included in future TIF districts. The City's Chief Building Official has inspected the building and determined the buildings do meet the statutory definition of substandard. The Fridley Housing and Redevelopment Authority approved a similar resolution at their March 3 meeting. Staff is recommending Council's approval. ADOPTED RESOLUTION NO. 2011-12. 6. Resolution Creating a Policy of the City of Fridley Identifying the Type of Storage Medium Used for City Records. William Burns, City Manager, stated this will allow staff to destroy paper records kept for Council minutes and actions once they have been scanned and included in the City's electronic records system. This will help the City clean up badly needed storage space at City Hall. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 7. Resolution Authorizing the City of Fridley to be a Party to the Minnesota Water Agency Response Network (MnWARN). William Burns, City Manager, stated this is a voluntary organization established by local and state public utilities that is designated to provide mutual aid for agencies impacted by public utilities emergencies. There are no fees, and participation in any particular emergency is voluntary. The utility emergencies provided for in this agreement include water, sewer, and storm water. The agreement establishes the organization and procedures to be used for a response to emergencies. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2011-14. 8. Resolution Terminating Membership in and Requesting Dissolution of the Six Cities Watershed Management Organization. William Burns, City Manager, stated on February 7 Council approved the merger of the area in Fridley that has been included in the Six Cities Watershed Management Organization with two other watershed organizations. The portion north of that territory north of Rice Creek will be merged with the Coon Creek Watershed District to the north. The portion south of Rice Creek will be merged with the Mississippi Watershed Management Organization to the south. The Six FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 9 Cities WMO board recently approved a resolution dissolving their organization. Their attorney is recommending that each of the remaining members have their City Council's pass this resolution. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 9. Receive Bids and Award Contract for Sanitary Sewer Lining Project No. 400. William Burns, City Manager, stated there is one project and five subproject areas. The City opened bids for the five subproject areas on March 2. The lower bidder was Veit & Company, Inc., of Rogers, Minnesota, in the amount $199,000. While the low bid is $9,000 over the budget for this project, the City does have savings from the Wickes lift station project that will cover these additional costs. Staff is recommending that the City fund the full array of these lining projects. Staff recommends Council's approval. APPROVED. 10. Receive Bids and Award Contract for the 20ll Miscellaneous Concrete Repair Project No. 401. William Burns, City Manager, stated the City opened the bids for concrete repairs on March 9. The low bid for this year's work, including some additional work attributed to 2011 utility repairs, was $62,200. The amount is within budget. Staff recommends Council award the bid to the low bidder, Ron Kassa Constructing, Inc., of Elko, Minnesota, in the amount of $62,200. APPROVED. 11. Claims (149757 — 150054) Councilmember Bolkcom stated there is a typo on page 4 of the ledger, Check No. 149804. Under "Vendor," the word should be "Plumbing" and not "Plumping." APPROVED. 12. Licenses APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked that Item Nos. 4, 6, and 8 be removed. MOTION by Councilmember Bolkcom to approve the consent agenda with the removal of Item Nos. 4, 6, and 8. Seconded by Councilmember Saefke. FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 10 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item Nos. 4, 6, and 8. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Karissah Bellagotti-DeSantis, 6144 Fifth Street NE, stated she lives at Brandes Place. Previously she had addressed the issue of police reports at her property. She was trying to explain that the new property they would be developing in the Hyde Park area is great. The biggest thing is they have to keep an eye on the crime rate and what is going on there to make it a safe environment, not only for the families but for the residents living around it. She brought evidence of the subsidized unit where she is staying at of the police reports. The reports are serious and the biggest thing is as long as these are addressed and local HRA know about it to take care of it, etc., these people can live in a safe environment. If more people are aware of what is going on through Metro HRA or whoever they would find out what is going on and kind of cut the problem at the root. Mayor Lund stated he takes her comments to mean that she does not want more of Brandes type facilities in the Hyde Park area? Ms. Bellagotti-DeSantis replied, right. Mayor Lund said when she came to them before, she started talking about Brandes Place and the crime over there. He said Brandes Place was not even over at Hyde Park. Ms. Bellagotti-DeSantis stated, yes, and she was not aware. Mayor Lund stated she said there were several hundred police calls to Brandes Place. He asked what the timeline was. Ms. Bellagotti-DeSantis replied, it is on what she provided. Mayor Lund stated there is a 2005 date, and it says impounded/towed a vehicle or something like that. Ms. Bellagotti-DeSantis stated the dates she noticed ranged from 2005 and she has them all the way up to 2010. FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 11 Councilmember Saefke asked if the concern is over Hyde Park, why is she bringing information about Brandes Place. He said her statement is that there are many serious crimes listed on the handout. Ms. Bellagotti-DeSantis replied, yes. Councilmember Saefke asked Chief Abbott to look at the list and tell them what the majority of the calls were. Ms. Bellagotti-DeSantis stated when she sorted through them, the majority she got was the personal damage to property as well as the theft to personal property. After that came the disturbances. Councilmember Saefke stated they had a discussion about this before, and it was made clear to him through the Police Department that just because there is a call listed, it does not mean there was a crime committed. Police have to respond to any 911 call for help. The call for help could be for a domestic assist, someone needing an escort to get property out, vandalism that may or may not have occurred by residents in the property, medicals, etc. Don Abbot, Public Safety Director, stated they reviewed this three or four weeks ago, when the issue first came up. The main thing they pointed out with all their police reports and this one as well is that every entry in here is not a crime report. It is a call for service. It can be a public assist, a suspicion, or a disturbance call. It can be for loud voices or loud music. When they reviewed the incidents at Brandes Place, Myra Harris, the person in the Police Department who works with a lot of the City's rental issues, said that if all properties were this quiet, we would be a fairly happy police department. There are a lot of calls but one thing to look at is there are a lot of duplicates and triplicates of lines. Just the way an incident is reported, it can be reported multiple times on a sheet because it can be broken down into two or three different issues as well. OLD BUSINESS: 13. First Reading of an Ordinance Amending Chapter 205.23, Related to Purpose, District Boundaries, Permitted Uses, Accessory Uses, Existing Uses, Excluded Uses, Lot Width, Lot Coverage, Setbacks, and Refuse for Properties Within the S-1, Hyde Park Neighborhood Zoning District (Text Amendment, TA #11-04, by the City of Fridley) (Tabled February 14, 2011). 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. FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 12 Julie Jones, Planning Manager, stated one of the action steps in the City's 2030 Comprehensive Plan was to consider amending the Hyde Park Zoning District to allow redevelopment of property existing that was multi-family in nature to new multi-family housing. The Hyde Park neighborhood is bordered by Main Street on the west, 61st Avenue to the north, University Avenue to the east, and 67th Place to the south. Staff is proposing to change the permitted uses section in the Hyde Park Zoning District to match the State Statutes which will allow any existing use to be rebuilt, however, not geographically expanded if it is considered non- conforming. Other modifications are also being made to the te�t to update the Code and make it easier to interpret and enforce and make it consistent with similar sections in other sections of the Zoning Code. Ms. Jones stated Council tabled the first reading of this te�t amendment at the February 14 meeting to allow time for the TOD neighborhood meeting to be held on March 7. The TOD meeting was held with no additional information really arising related to this te�t amendment. The City Council held a public hearing on this te�t amendment on February 7. There were no recommendations made to modify the proposed te�t at that time either. A public hearing was held on January 19 at the Planning Commission meeting. After staff's presentation and receiving comments from the public, the Planning Commission passed a motion to approve this te�t amendment. City staff recommends Council hold the first reading tonight of the ordinance tonight. The second reading will be scheduled for their ne�t meeting on March 28 unless otherwise directed. Councilmember Bolkcom asked Attorney Knaak when they make changes to ordinances, even though it is in the State Statute, is it routine for the City to also put that information in the ordinance. Fritz Knaak, City Attorney, replied, that is a good practice and is fairly regularly done. Of course if there are any distinctions or differences between the two, the State Statute governs. Generally, you would try to conform any legislation that tracts State legislation to the State legislation. Councilmember Bolkcom asked would is that why some of the language changes are for. Attorney Knaak replied it is his understanding that the intention was to make sure it conforms. Councilmember Bolkcom asked, under Section 3(C), what the term "privately owned recreational facilities" meant. Ms. Jones replied, things such as a playground. Councilmember Bolkcom asked if they can make it simpler. Ms. Jones replied, if they change it, they will need to change it in other sections of the Code as well. Councilmember Bolkcom asked under section 5(C), Lot Coverage, does that only apply to R-1. FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 13 Ms. Jones stated what is being proposed here, the 35 percent, they are recommending that because it is the percentage that is allowed in the pre-1955 lot overlay district. Those tend be smaller lots, and there are a lot of non-conforming smaller lots in the Hyde Park district as well. Councilmember Bolkcom asked if it applied to only single-family homes. Ms. Jones replied this would apply to any property. It does not distinguish what the use is. Councilmember Saefke stated he thought the multiple family units could not geographically be any larger than what they are. How do they grant 10 percent more to them? Ms. Jones stated for the multi-family use within the Hyde Park neighborhood, all those uses are non-conforming because the only principal allowed use in this neighborhood is in the family zoning. For those uses, they cannot be geographically expanded. They are not distinguishing in this section of the lot coverage what properties it applies to. But for those multi-family uses, this would not be able to be applied to them. They are non-conforming. Councilmember Bolkcom asked if there is an apartment building that wants to put something else on their property, they cannot do it? They could not expand their footprint so they could not put a garage on their property for example. Ms. Jones replied, that is correct. Mayor Lund stated maybe it should be a little bit expanded than it is. In the TOD, it does become allowed if they meet the requirements of a more restrictive overlay. Ms. Jones stated if they have an approved plan. Councilmember Bolkcom asked what would be wrong with putting it in here. If they are going to make changes, why not make it as clear as they possibly can? Scott Hickok, Community Development Director, stated he thinks that would be fine to add after the term "recreational facilities" "(such as but not limited to)" and add examples. Also, add onto the end of the other phrase "(this would relate to single-family properties)" and that would be helpful. Expanding the non-conforming would not work with the statute on non-conformities. MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. Resolution Authorizing the City of Fridley to Enter into a Connectivity Services Agreement with Anoka County for Broadband Services and Authorizing the Mayor to Execute Said Agreement (Tabled February 14, 2011). FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 14 MOTION by Councilmember Varichak to remove this item from the table. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY ON A 4-0 VOTE. Darin Nelson, Finance Director/Treasurer, stated just prior to the February 14, 2011, Council meeting they had some last minute changes to the agreement and they wanted to review them. Since that time they have had some further changes. There are about 32-34 organizations that are trying to get an agreement together and hammer it into one final agreement that is still in the works. They are very close, and they were hoping they would go forward with it tonight but it sounds like there are still some things that still need to be amended out with other cities, and they want to make sure the agreement actually is final and not coming back. Councilmember Bolkcom asked whether they are receiving the agreements on a regular timely basis? Mr. Nelson replied, yes, they have received some updates and he has talked to Mr. Minke from Anoka County last Friday. They had a meeting with another city which they had some issues with a franchise agreement with their cable company and such. It sounds like everything is on the up and up there. However, he has not had a chance to talk with attorney Knaak about the franchise agreement as well, too. At this time staff is recommending this item be tabled until April 11. That really should be a sufficient amount of time. MOTION by Councilmember Bolkcom tabling the Resolution Authorizing the City of Fridley to Enter into a Connectivity Services Agreement with Anoka County for Broadband Services and Authorizing the Mayor to Execute Said Agreement until April 11, 2011. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY ON A 4-0 VOTE. PUBLIC HEARING: 15. Consideration of a DNR Outdoor Recreation Grant Application for West Moore Lake Park (Ward 2). MOTION by Councilmember Saefke to waive the reading of the ordinance and open the public hearing. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS OPENED AT 8:36. Ms. Jones stated there was a public hearing notice about a particular grant application for DNR grant funds related to West Moore Lake Park. However, they have two additional grant applications they want to present to them tonight. She is going to talk about all three of them. FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 15 Ms. Jones stated they are taking a look at these grant opportunities because they the City is involved in the State Health Improvement Program (SHIP). The County Health Department came to the City several months back and asked how they could help. Staff was coming up with some great study of the City's bike and pedestrian needs in the community, but could not use the grant funds to make actual physical improvements. They were aware there were grant opportunities out there where they could apply to have funding for some improvement. The County took some of their SHIP dollars they had available and hired a grant writing consultant that they put at the City's disposal, as well as the other communities within Anoka County that have SHIP dollars as well. The City is taking advantage of that free assistance because a big part of obtaining these grants is applying for the funding which takes a lot of staff time. Ms. Jones stated the City has difficulty justifying in the economic times we are in to do some of these trail projects so it does want to take advantage of grant funds to try and stretch City dollars. The consultant is telling the City we will likely get one of the three projects funded, so do not be overwhelmed by the dollar numbers they are going to see because they are not expecting approval of all three. The City can use these applications, even if the funding applications are not approved, to reapply ne�t year and subsequent years. The timing is also good now because they are in the midst of a bike/walk study with our SHIP dollars that is giving the City some data and some mapping that can be used with the applications. Ms. Jones stated the three applications they are looking at involve one for what the City is calling "Sand Dunes Natural History Trail" in West Moore Lake Park That is the one advertised in the public notice, requiring the public hearing. Staff is also looking at an application for funding for what a Moore Lake Recreational Loop Phase One. Staff is calling it Phase One because they have another Phase Two idea but it does not fit within the perimeters of the grant program they are looking at, but it is something they would like to do some day. The third one involves linking Unity Hospital's "Wellness Walk" to the Rice Creek regional park trail in Locke Park. Ms. Jones stated regarding the Sand Dunes project, previously this park contained a wooden boardwalk throughout the park The boardwalk became deteriorated and became a safety and maintenance problem for the City. It was eventually removed but was never budgeted for replacement. The sandy terrain of this park and the sand burrs that really make it an undesirable place to walk through unless you are on some sort of trail that protects you from those elements. She understands that the high school uses this park as a canoe launcher. Ms. Jones stated as far as the outdoor recreation grant application, they are only looking at the trails in the interior sections of the park The internal trails and the canoe launch are what is part of this grant application. The perimeter trails will be part of a different program called their local trail connection grant. She will talk about this shortly where they are actually combining that part with another trail section along Seventh Street. Ms. Jones stated in the Sand Dunes outdoor grant, the total cost they have estimated for the trails, the canoe launch, and installing some benches along a couple parts of the scenic areas of the shoreline, is estimated at $60,000. This program requires the City to match costs by 50 percent. With this program, they can include some in-kind labor as part of the City's 50 percent FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 16 match. The City would need to budget for the matching funds in the 2012 or 2013 parks capital improvement budget. Ms. Jones stated as far as an implementation schedule, if the City were awarded the grant, it would be done this summer. The City would then need to execute a funding agreement this year. City budget with the matching funds would need to occur then for the 2012 budget. They are anticipating site prep work would begin in the spring of 2012, with the trial prep and construction to be completed in the fall of 2012. However, the City does have until June 30, 2013, to complete the grant project. Ms. Jones stated as far as other related costs, there is no private property involved in this project so there are no assessments related to the project. They have taken a look at maintenance costs for a new trail. Public Works has estimated that cost to be about $213 per year based on the lineal feet of trail that would be added. This does not include snow plowing in the winter. They are not anticipating plowing this in the winter because of the perimeter trail around the outside. There is also a sidewalk on the opposite side of Moore Lake Drive along the High School property so people do have some opportunity to the access around the perimeter of the park if they are talking a walk in the winter. Ms. Jones stated as far as the DNR local trail connection program, the purpose of those funds is to connect people where they live to public amenities with new trail connection. Fridley does have an e�tensive sidewalk system between the Fridley High School and the Middle School, but it has a sidewalk that ends at Seventh Street currently at about 59tn Ms. Jones stated what they are looking at is a section that takes you from that part of 59th and connects down to Medtronic Parkway and over. Combining the Sand Dunes and the Seventh Street trail into one application has been advised by the City's consultant. Besides installing a path across from the High School, there is also a need to complete a trail loop that runs around Moore Lake to the schools and the Fridley Community Center along Seventh Street. There are actually two loops within this area, the smaller loop being just around Moore Lake itself which would be about 2.38 miles in length and then the larger loop encompassing Seventh Street which would be about 3.1 miles in length. Ms. Jones stated the estimated cost for this project is $222,400. The grant has a maximum amount of $100,000. That would basically mean a$122,000 match the City would need to come up with. The City could use MSA funds for the match in this project. There is no non-cash in- kind contributions that can count in this particular grant program. Unlike the other grant program, this one would need to be spent by June 30, 2013. Staff anticipates completing the project in 2012. Ms. Jones stated the third grant project they are looking at is connecting Unity Hospital's wellness walk to the Rice Creek regional trail to Locke Park The City currently has a pedestrian crossing on 73rd Avenue, but it does not line up with the trail that runs through the western edge of the Target Distribution Center property. There is a paved trail going to Madison Park but no trail is within the park itself. When looking at the map, staff saw an opportunity to connect the private trail systems within the City to a larger regional trail system. FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 17 Ms. Jones stated staff saw a real opportunity to look at how they could connect those two points together. Staff proposed some trails within Madsen Park and also proposed to move the pedestrian walkway that lines up on Jackson Street and 73rd and move the crossing over to line up to the trail that leads to Rice Creek and install a lit crosswalk where people could push a button and change the light and also look into a budgeted one that is solar operated. Ms. Jones stated the estimated total cost of this project is $96,313. Again a 50 percent local match would be required. The City could use MSA funds for the local match and would focus the matching dollars on those things related to 73rd Avenue such as the trail along 73rd Avenue and the pedestrian crossing. The project could be budgeted and completed in 2012. The project would have to be completed according to the DNR grant rules by June 30, 2013. Ms. Jones stated as far as the ne�t step in these grant applications, each application requires a separate resolution from the City Council. When and if a grant is awarded, staff will be coming back to Council with an agreement and detailed budgeting for that grant project. The potential project of course will need to be discussed during the 2012 budgeting meeting, and the grant applications are due for submission at the end of this month. Mayor Lund stated if they would be so fortunate as to get all three, he sees the grant cap is $100,000 so they really would not be a 50/50 match. Certainly this is an opportunity to make some improvements and use other funds. He asked if this is money that is available now but would not be if they got one of the three. Is there ne�t year or subsequent years for the City to reapply for these same types of grants? Ms. Jones replied, they have no guarantee these programs will continue; but she thinks the programs have been in existence for some time. Every indication they have is they will continue these programs. Councilmember Varichak stated she has a concern regarding all these trails. The City does not snow plow, and she has a hard time with that. Granted it is a great opportunity for the City. Regarding the Sand Dunes she asked how many people use that? She has walked by there a number of times and does not see anybody using it. Maybe it would be used more. If they do get this and half of it is covered, how do you raise the money for the other half in these difficult economic times? She is not sure she is agreement with this. Councilmember Bolkcom stated she is concerned the City is using MSA funds. They are talking about 2012. She does not know what is in the capital improvements for the parks. We do not have a hard time now spending that MSA funds now projects, and she is concerned that this is a huge chunk of money. One is $122,000 and another is $48,000. Whether we get one or all of them, why the MSA funds and why not do something else in one of the parks? Mr. Kosluchar, Public Works Director, stated there are funds in the MSA account that can support the project. It is discretionary so Council can use it for that purpose. Councilmember Bolkcom asked what the City would not be doing because of it. She is just wondering why the change to MSA just because there is money there and what will not be done in 2012-2013 because of it. FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 18 Mr. Kosluchar replied, the change to MSA in this case would be because the trails they are talking about are on road so they would be part of an e�tension of the roadway. Councilmember Bolkcom asked have they used MSA funds for this in the past? Mr. Kosluchar replied, he does not know. Not since he has been with the City. Dr. Burns replied, he does not recall using any. The City did use some MSA money on the g5tn Avenue trail. Councilmember Bolkcom stated right now they say this is what the amount of money will be, but she saw the overruns on 85th and then you started getting into the wetland and one of these is down to the lake. She is concerned about whether these numbers are even accurate. She asked if they are pretty comfortable with the numbers. Mr. Kosluchar said he was comfortable with the numbers. They are reasonable. Councilmember Bolkcom asked about maintenance costs other than the $213. Ms. Jones replied they have looked at the maintenance costs on that particular one because it was a requirement for only that one. Each of these projects is a bit unique as far as maintenance. With respect to the trail from Unity Hospital to Rice Creek, some of those trails are plowed by private parties. Target Distribution Center does plow the trail along 73rd along their property as well as the trail over to Locke Park The part they are proposing on Ballet Boulevard would actually be on road so it would be plowed as part of the street. She is not sure if the City is plowing that little section in between the two homes. There is a pretty long stretch of trail that is already being maintained. It would just be the new section within Madsen Park that the City would need to look at plowing in the winter if that is something they are going to do. Councilmember Bolkcom asked Mr. Kosluchar if the City would be able to plow the street enough so people could actually walk on the street. Mr. Kosluchar replied, yes, he thinks they could and there is enough room there. Councilmember Bolkcom asked is that the proposal that all of these would be maintained in the winter. Mr. Kosluchar replied, he did not think so. It is provided just for an idea of costs. Agencies want to see them used year around. Councilmember Bolkcom stated she heard people at the East River Road Corridor meeting say they were concerned about how the City's trails are being kept now. She walks down the one on East River Road. That trail is the City's responsibility. That boardwalk is an example of how at some point you have to replace some of this stuf£ That is all part of the cost and has to be included. She asked how much of this will need to be repaved, etc., and what the normal life expectancy was. FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 19 Mr. Kosluchar stated the $213 just addresses the pavement maintenance over the long haul. In other words, if it has to be resurfaced at some point, sealed, crack sealed, and then sweeping, it does not address the winter maintenance. Ms. Jones replied, yes. Councilmember Bolkcom asked, how soon would the City have to repave it? Mr. Kosluchar replied, staff figured about 40 years. They have some trails in Fridley that are older than that that have not seen much maintenance. If they do interim maintenance on a 10- year cycle they should be in pretty shape to last 40 years. Councilmember Bolkcom asked why it was not included in park improvements. Mr. Kosluchar replied for the project on Moore Lake, the Dunes, the match would be in the Parks budget. Councilmember Bolkcom stated Council has a lot of discussions about the Sand Dunes saying it should not be replaced. Councilmember Varichak stated in the Council survey, the Sand Dunes are always at the lowest rating for things they would like to see done. Councilmember Bolkcom stated she was wondering why this concentration in this one area here. It does make sense to connect the schools. She asked whether the schools will take on any part of this? They are using the boat launch, and the residents are not. She asked whether staff has spoken with the school district all? Ms. Jones replied, they have made contact with the school district about this and are asking for a letter of support. They have not asked them for any matching funds. The idea of this program is to open up that boat launch for everyone. Right now there is no trail there, no signage, and no promotion. There is nothing there telling anyone in the public there is a boat launch there. What they are talking about in the proposal is making that an official boat launch area, opening it up, and making it a recreational opportunity for everyone in the City to enjoy. Councilmember Bolkcom stated in the all years she has sat on the City Council she has never heard anyone asking for it. It was presented to Council as being for the school district because they want their canoes and kayaks there. She is trying to understand the whole concept of why these were picked. She understands some of the connections. The Sand Dunes one is the one she is the least interested in. The other two make sense because they are connecting trails. Jack Kirk, Parks and Recreation Director, stated the Parks Commission actually has not addressed this yet. This trail was in the Parks capital improvement program back about 2000. They took the other wooden boardwalk out and with the City's financial issues it had limited funds. There were priorities for the park system, and that one at the time did not rise to the priorities of other projects. That funding was pulled away. Since that point, it has been identified FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 20 in the Parks CIP as what they call "other projects" so it is not in the five-year plan. They did talk a little bit about that when they were looking at different options for these grant opportunities. He did tell the group that it was not in the five-year plan but listed as an "other" project. Mayor Lund stated he recalled about ten years ago there was an anonymous donor willing to provide private funding but did not happen because the City wanted to put asphalt in which would diminish the natural habitat area. Mr. Kirk stated, yes, the donor was going to donate some money towards the trail. The City staff's concern was the sustainability of another wooden boardwalk The City was constantly in there and replacing boards. The kids were taking boards out to create bonfires over there. The ADA laws are such so that to provide accessibility they felt an asphalt trail in the long run was going to be cheaper and would attain the goal of accessibility. There was concern about, it was more not a degradation of the resource, as much as there was someone from the DNR who came out and said there would be some small animals that might come out and warm themselves on an asphalt path and would be subject to being stepped on or run over on the path. Therefore, the anonymous donor said that they would not fund an asphalt path. Mayor Lund stated that came out of the neighborhood who wanted something in there but something more natural. Mr. Kirk stated when the trail was pulled out back in 1999, they did put a notice that they had to pull it out for safety reasons; and they asked people to contact the City if they had any input into it. He saw in the records there were 19 people who contacted the City and said for one reason or another they wanted a trail put back in there. That was back in 1999. They had a petition from the neighborhood where the anonymous donor was. He believed they had several hundred signatures at that time. He knows a lot of people do not go in there because there is no trail. Since that point there has not been a lot of contact from that neighborhood. Councilmember Bolkcom stated there was a sign up there since then though. Mr. Kirk stated there was a sign up there probably a couple of years. Councilmember Varichak asked whether the trail will be an asphalt trail in the Sand Dunes if they do get the grant money? Ms. Jones replied, yes. Councilmember Bolkcom asked if the Unity will plow their portion during the winter. Ms. Jones replied, yes. Councilmember Bolkcom and then it comes down to they plow theirs and the City does not plow its portion. That happened at the Corridor meeting because Coon Rapids plows their portion on the west side, and Fridley does not. FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 21 Ms. Jones stated she knows that parts of Unity trail are plowed now. She suspects the other parts are not plowed because they are not complete yet. Joanne Zmuda, 6051 Fourth Street NE, stated the thing that bothers her about this is the fact she agrees that financially so many people are hurting, but yet they have money to put on trails? It makes absolutely no sense at all. As far as the Dunes go, her kids used to go there all the time when they were in school a few years ago. She knows they tore up the boardwalk, but now it will be paved and that is all sand. Do they have to dig up the sand and put some kind of a base there so they can lay the tracks? That is going to be expensive. To think that this is going to last for 40 years, she thinks the only reason it will is if nobody uses it and that will probably be the case. Mayor Lund stated they would not be expending City dollars. Yes, it is taxpayer money and another level of government, the State and the DNR. He does not know where the DNR matching grant funds come from but, the point is, what makes it a little more interesting and to even consider this is the money is there for grant purposes. Ms. Zmuda stated, yes, the money is there and we might as well take it before someone else. It still makes no sense. It is still taxpayer dollars. Spend it on something we need. Not on something we want. There is a big difference. Mayor Lund stated he is sure people will say why is the City not tapping into that money that is all going someplace else other than our community. He thinks there are more pressing needs out there, such as collapsing bridges, etc., and certainly they take a high priority; however, if there is grant money out there he thinks they would be somewhat remiss if they did not at least consider utilizing some of those funds that would go someplace else. Pam Reynolds, 1241 Norton Avenue NE, asked if the money for this grant is based on what may be approved in this legislation. Ms. Jones replied her understanding is this is money that is already appropriated. Mr. Kosluchar it is a competitive application process, and funds are not appropriated for any particular project at this time. Ms. Reynolds stated she does not think the monies they are looking at this year are going to fair as well. Mayor Lund stated and that means our applications would not fair as well. Councilmember Bolkcom asked so the only one they can use MSA funds for is the one on the road. Ms. Jones stated the first one on the outdoor recreation grant, because those trails are internally within the park, the City could not use the MSA funds because there is no connection to a street. That would have to come out of the capital improvements fund. FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 22 Ms. Varichak stated they could make it connect to the street where the students have to cross with their canoes and kayaks to the water. Ms. Jones stated unfortunately the grant does not work that way. Councilmember Bolkcom asked Mr. Kirk if there was $30,000 in the budget for the ne�t two years. Mr. Kirk replied, it clearly is not budgeted at this point and would have to be looked at with the other projects and priorities they would be looking at for the ne�t several years and determine whether that would take the place of something. Councilmember Bolkcom stated this is her concern. No one is saying they can take $30,000 and not do "X" and "X" and "X" proj ects in order to do this one. Mayor Lund stated maybe the Council would want to entertain the fact that they ultimately not even submit the application for the Dunes and consider the other ones. Councilmember Bolkcom said when this had to be in. Ms. Jones stated the deadline for application is March 31 for all three of them. William Burns, City Manager, stated the City is not spending much in parks capital improvements now because of the financial situation and most of what it spends is for things like court resurfacing, replacement of fencing, replacement of park benches, picnic shelter, etc. Councilmember Bolkcom asked what does not happen in the ne�t two years in order to do that. Dr. Burns stated they are probably delaying those kinds of things. Councilmember Varichak asked if it is more beneficial to apply for all three of the grants. Does it make it more feasible to then select one that they can possibly do or not. Is two better than three? Ms. Jones replied, the City is competing with everyone else in the State for these grant funds. These applications are scored based on the criteria that they are looking for. It is going to depend on how the City's application scores compared to others. What the City is looking at here is taking advantage of the free service that it has available with the consultants to put together the proposals. They are saying that this is so highly competitive. Councilmember Bolkcom asked but if they should even submit the application for the Sand Dunes? Ms. Jones stated then you have an application put together the City could maybe use to reapply for the same funding two years from now if its budget situation is different. There is no FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 23 obligation on the City's part if one of the proposals is funded that you have to go ahead and accept the agreement and sign the agreement for funding. That is the choice they get to make. Councilmember Bolkcom stated she understands that but maybe they should leave the Sand Dunes out because maybe it scores higher and gets accepted over the other two. Ms. Jones stated whether they apply for all three she does not think that will change the chances as to which one gets funded. It is going to be a matter of what they see is the best project against the other ones who are competing for the same pool of funds. Again, we have the opportunity of the free service available to put the application together even if it is turned in and denied it is a valuable resource for the City because it can use it to reapply again. Councilmember Bolkcom stated on the other hand it is probably not fair to apply for something they do not think they want to do right now. Ms. Jones replied, no, it is not. They are really looking for that commitment that the City does want to fund something when you are applying for it. Councilmember Bolkcom stated her understanding is that the Parks and Recreation Commission has not even discussed these. She honestly cannot see that there is $30,000 in their budget somewhere unless you take some of the other park improvements out that the City is not going to do. She cannot see doing something that is not going to allow them to do other things in the other parks. She asked for that information, including using MSA funds. Dr. Burns stated he has that written down. MOTION by Councilmember Varichak to close the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS CLOSED AT 9:48. NEW BUSINESS: 16. Resolution Authorizing Application for DNR Outdoor Recreation Grant Funds for Trails in West Moore Lake Park (Ward 2). MOTION by Councilmember Varichak to deny the Resolution Authorizing Application for DNR Outdoor Recreation Grant Funds for Trails in West Moore Lake Park Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. Resolution Authorizing Application for DNR Local Trail Connection Grant Funds for Moore Lake Recreational Loop — Phase 1(Ward 1). FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 24 Councilmember Bolkcom stated also she is still concerned about the cost of maintenance on all these also. Councilmember Varichak stated they do still have the option of signing or not signing it at the time. MOTION by Councilmember Saefke to adopt Resolution No. 2011-16. Seconded by Councilmember Varichak. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER SAEFKE, AND COUNCILMEMBER VARICHAK VOTING AYE, AND COUNCILMEMBER BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY ON A 3 TO 1 VOTE. 18. Resolution Authorizing Application for DNR Local Trail Connection Grant Funds for Unity Hospital Health Walk to Rice Creek Regional Trail (Ward 1). MOTION by Councilmember Saefke to adopt Resolution No. 2011-17. Seconded by Councilmember Varichak. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER SAEFKE, AND COUNCILMEMBER VARICHAK VOTING AYE, AND COUNCILMEMBER BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY ON A 3 TO 1 VOTE. 4. Approve Letter of Agreement with Anoka County Regarding the Disposition of 8100 East River Road (Ward 3). Councilmember Bolkcom stated the first she heard about this was at the Corridor meeting and again at the meeting on Thursday. She asked if they really thought they would know something in six months. Mr. Hickok replied the thing they need to do is stall off that property being put up for sale at this time. They are under a statutory obligation, not that it has reached this point, to list it, certify it, and through resolution basically certify its status as a tax-forfeit property. We do have an option to e�tend that six months. What they do not want to do is have it listed for sale as a tax-forfeit property. They already know one property owner adjacent to it who is interested in buying it. They do not know about any realignments of roads, etc.. The Anoka County Highway Department is interested in it. Mr. Hickok stated the second thing is the City has close to $84,000 that is hanging in the balance right there that it has put into that property on abatements. It is going to do everything it can to preserve and make sure that money is protected. They believe that the six months is an opportunity for the City to make sure all of that is in place and not rush to have it listed for sale as a tax-forfeit property. Councilmember Bolkcom asked so the City would have until when? FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 25 Mr. Hickok replied, September 15. Councilmember Bolkcom asked why is it a City thing? Mr. Hickok stated he did find it interesting that the County property folks were saying, well, you better let the Highway Department know because it is County. Councilmember Bolkcom asked if there is actually a resolution somewhere. Mr. Hickok stated there is a resolution that they will see the City does not get much of an opportunity to change. It will see it again in six months certifying that it is a tax-forfeit property. Councilmember Bolkcom stated she does not see a resolution. Is she supposed to be approving a letter? Mr. Hickok stated there is a resolution that in six months the Council would be ready to approve. They sent a resolution if they were ready to certify and put the property up for sale. Staff has checked with the City Attorney on this and he agrees with the strategy. MOTION by Councilmember Bolkcom to approve the Letter of Agreement with Anoka County Regarding the Dispositon of 8100 East River Road. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY ON A 4-0 VOTE. 5. Resolution Creating a Policy of the City of Fridley Identifying the Type of Storage Medium Used for City Records. Councilmember Bolkcom asked if along with all the minutes, etc., that are scanned, does it include any petitions that people bring. Mr. Nelson replied he believed it does include that. From talking with Deb Skogen, the City Clerk, anything that comes up of record to the City Council is included. Councilmember Bolkcom asked, anything put into the record is scanned in. Mr. Nelson replied, he believed so. Councilmember Bolkcom stated she would like to table this until she knows for sure what is being scanned. Mr. Hickok stated anything that becomes part of the official record is scanned in. What makes it official is if it becomes part of the permanent archive for the meeting. Mayor Lund stated if they are not doing it, then they are going to start doing it. FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 26 William Burns, City Manager, stated the issue is not what they are keeping but how they are keeping it. Councilmember Saefke stated in early recordkeeping there was a question about how long an electronic record will maintain its integrity. Can someone answer that? Also, is the City going to be able to maintain some way of reading today's electronic record, for example, 20 years from now? Will they be keeping abreast of that or are they using some type of universal method? Mr. Nelson replied they are using a TIF format which is kind of universal and is recommended by the State. They will be making sure it is readable in the future and if the format is changed they will change it accordingly. The TIF format is kind of a standard in the industry for that type of documentation. Councilmember Saefke asked if anyone has determined how long an electronic record will maintain its integrity. Attorney Knaak replied they are required to keep records which has to do with the requirement of State law and the imposition on the City to keep those records. State law, because of the fact that records and paper do take up a lot of space and is relatively difficult to organize, does permit the use of electronic media. That is the reason why, in keeping with State law and what the State is encouraging, the City undertakes these types of programs. Presumably the State that requires you to keep the records will also be keeping abreast of the necessary technology and will be affording them the opportunity to do so. This is an ongoing debate. It is what the State allows them to do and is a cost saving in this case to the City. There is nothing really precious about the records the City is required to keep in terms of whether it is paper or not. Councilmember Saefke stated he asked about the integrity of the media? Mr. Nelson replied right now our imaging system is on the City's server which is backed up to media tape on a regular basis. It is going to be available in more than one spot at all times. MOTION by Councilmember Bolkcom to adopt Resolution No. 2011-13. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. Resolution Terminating Membership in and Requesting Dissolution of the Six Cities Watershed Management Organization. Councilmember Bolkcom asked what the ne�t steps would be. Mr. Kosluchar replied, the ne�t Six Cities meeting is this Thursday. At that time, they will issue a notice of intent to Anoka County that they plan to dissolve. There is a 90-day period for comment on the notice, and that comment is directed to BWSR. At that point, assuming there is no objection by BWSR, BWSR would approve the dissolution. Then for the north end of Fridley FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 27 the Rice Creek Watershed District through resolution would approve their concurrence with accepting portions of Fridley into the Coon Creek Watershed District. On the south end the Mississippi WMO they are in the process of, and he thinks they just submitted last week, their updated ten-year plan which they wanted to do before they opened the discussion about the JPA amendments that would be required to enable Fridley and potentially Columbia Heights and Hilltop to enter their organization. That timetable will be a little bit slower. That JPA, after discussing with their director, will probably not come to this Council until the end of this year. At the same time, they have expressed that they will consider capital elements that they can include in their budgetary plan. Councilmember Bolkcom stated they do not see any problem with BWSR and do not anticipate any problem with them approving this action? Mr. Kosluchar replied, that is correct. BWSR was actually involved in this summary and kind of guides the cities and how they can get back into the organization. MOTION by Councilmember Bolkcom to adopt Resolution No. 2011-15. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. Informal Status Reports: Councilmember Bolkcom asked if any staff inember could summarize what happened at the dog park meeting with Anoka County.? Mr. Kirk stated there was a pretty small attendance. Probably half a dozen interested dog park users attended. There were a couple Councilmembers there. The County gave the presentation of the reasons why they felt the dog park should move to what they felt was a better location for drainage purposes and a location that would provide a little larger area. It would allow them not to have to plow to the parking lot because the dog park is on the very far eastern edge of that park In terms of the amount of asphalt they would have to put in and reconstruct the road, it was going to make it a little bit better to have the dog park more in the center of the park There was not a lot of support from the people at the meeting to move it. There was one person who started out opposing it but after hearing the reasons he felt it made sense. Several other people did not want it moved. In two weeks he is expecting the Anoka County Parks Director to address Council about the improvements that are planned for Locke Park. Councilmember Bolkcom stated she spoke with Commissioner Kordiak at a different meeting and also with John VonDeLinde. Her biggest concern was how they let people know. All they did was put a sign up at the dog park She suggested maybe it made more sense for them to come and speak at a Council meeting. Councilmember Varichak stated the dog park people have started a facebook page. It is called: fridleydogpark. FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2011 PAGE 28 ADJOURN. MOTION by Mayor Lund, seconded by Councilmember Varichak, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 10:27 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor