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11/14/2011 - 31298CITY COUNCIL MEETING CITY OF FRIDLEY NOVEMBER 14, 2011 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:32 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Darcy Erickson, City Attorney Jim Kosluchar, Public Works Director Scott Hickok, Community Development Director Don Abbott, Public Safety Director Linda and Chuck Huber, 6676 Channel Road APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Resolution Adopting Revised 2011 Emergency Operations Plan. William Burns, City Manager, said the Resolution adopts changes to Fridley's Emergency Operations plan required by the Minnesota Division of Homeland Security and their Regional Review Committee. Review and revisions are required every four years. Staff recommends Council's approval of these changes. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 2. Approve Consulting services agreement Between the City of Fridley and GIS Rangers for 2012. William Burns, City Manager, said Fridley, Columbia Heights and Andover have been jointly contracting for GIS services for many years. The GIS Rangers provides data entry and mapping services for all City departments and particularly for our Public Works Department. The proposed 2012 contract with the GIS Rangers will cost Fridley $29,702; the same amount as for 2011. No other terms of the contract have been changed. Staff recommends Council's approval. APPROVED. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 14, 2011 PAGE 2 3. Approve Agreement for Legal Services between the City of Fridley and Newquist & Herrick Law Offices, P.C., and Carl J. Newquist. William Burns, City Manager, said the City's current contract for prosecution services expires at the end of this year. Based on location and great satisfaction with services, staff determined to negotiate a new contract with the current provider rather than seek competing proposals. Under the terms of the new contract, the annual retainer will be increased by 1.5% per year. The 2012 retainer amounts to $293,809. The hourly rate for cases tried before the State Court of Appeals and the Minnesota Supreme Court has been raised from $95 per hour to $100 per hour. All other terms remain the same. Staff recommends Council's approval. APPROVED. 4. Claims (152990 — 153090): APPROVED. 5. Licenses: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 6. Estimate. APPROVED THE FOLLOWING ESTIMATE: Veit & Co. 1400 Veit Place Rogers, MN 55374 2011 Sanitary Sewer Lining Project No. 400 Estimate No. 2 ............................................................................ $ 145,296.42 APPROVAL OF CONSENT AGENDA: Councilmember Bolkcom asked for Item No. 1 to be removed. MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of Item No. 1. Seconded by Councilmember Varichak. UPON A VOICE VOTE ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to adopt the Agenda with the addition of Item No. 1. Seconded by Councilmember Saefke. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 14, 2011 PAGE 3 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM VISITORS: Linda Huber, 6676 Channel Road, expressed concern and frustration with the rental properties at 6551 and 6571 Channel Road. She distributed a packet with newspaper articles, police reports, unpaid water bills and photos of the property to Council. The current owners Hyder Jaweed and Asgher Ali are seeking a rental license and she urged Council to not grant a rental license to this property owner. There are many issues with this property including, but not limited to, health issues to renters because of all the mold, bugs, unpaid taxes, water bills, and infrequent garbage collection. This property has been involved with numerous court appearances with a track record going back over 10 years. These apartments were deemed uninhabitable in August of 2011. The property has made front page articles in the Star & Tribune regarding health issues to children living in the apartments. She drives by these apartments every day and has never seen a professional cleaning truck at that building to properly take care of the mold issues. She asked who will take care of the mold issues and who will inspect the work to make sure it is taken care of properly. Ms. Huber asked who the new property owners were. This property has been flipped twice within the family. Property records show that Wayzata LLC in Winnetka sold the property to an uncle in Chicago. The unpaid taxes on this property are $16,149 plus an unpaid water bill of $11,056 and the new owner has not come forward to pay anything. An article in the St. Paul Pioneer Press clearly shows that this property is only flipped to others within the family. Ms. Huber said that the photos that were distributed were ones taken today and she has many more at home. Some things you will see in the photos include litter and plastic bags around the property, the downspout gutters are lose, there are broken screens in basement windows, and there are no railings on the stairways. These are just photographs of the outside. She has no idea what is going on inside. Whoever owns this building is not doing anything for the infrastructure. Ms. Huber asked Council to not renew or reissue a rental license to this family, regardless of who the owner is. The property is unlawful, in disrepair, uninhabitable, and the owner has failed to pay debts. She urged the Council to condemn and demolish the property to help out the neighborhood. Mayor Lund did not disagree with anything Ms. Huber reported. Council will not miss the window of opportunity if it exists. Council has to abide by the laws of the state. The Fire Department does the rental inspections and the property owners have made great strides. He understands the ownership is a shift within the family but there are some constraints to bulldozing the property down. He said he would like to make sure the license is not renewed until this property passes all inspections and the past due taxes and water bill are paid. Ms. Huber has lived on Channel Road for 31 years and this building has been in bad shape for the last 10 to 20 years. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 14, 2011 PAGE 4 Mayor Lund noted that the property also has numerous calls to the Police Department. He said Council would do whatever they can to resolve this issue. Ms. Huber said she realizes things take time, but thinks now is the time to press forward to do something. It is a golden opportunity to take care of this property. Mayor Lund said the HRA would typically take care of this type of issue as they sometimes buy uninhabitable properties. William Burns, City Manager, said the HRA has not looked at this property. Staff has been working on this property and outlined the problems. It is not easy to kick renters out of the property, and it is very expensive to tear buildings down. Currently, the building is empty. He agreed it is hard to tell who owns this property at any given moment. The property owners have been given notice to take care of these issues and are aware that no license will be reissued until this is done. He is doubtful the building will be torn down because of legal issues. Staff is doing what they can within the rental laws to make the owners accountable to fix these issues. Mayor Lund asked Ms. Huber to give Council and staff time to try to rectify this problem. Getting the renters vacated was a huge step and no license will be issued until the work is done. NEW BUSINESS: 7. Approve Policy for Tree Management on City-Owned Property, City Rights-of-Way, and City Easements. James Kosluchar, Public Works Director, said on October 10, 2011, the City Council held a hearing on repeal of Chapter 510 of the Fridley City Code. Chapter 510 is cumbersome for the Public Works Department to implement. It requires approval of two commissions to remove healthy trees on City properties. Mr. Kosluchar said staff indicated their preference for establishing a policy that could be amended from time-to-time when the need arises for changes in maintaining trees on City properties. City properties include city-owned properties (such as park properties), city rights- of-ways and city easements. The draft policy was developed by the Public Works Department. Comments were received from the City Council on October 10, 2011 and incorporated. The latest version streamlines the proposed policy. The policy states that Public Works/City Forester approval is required for removal of healthy trees. Mr. Kosluchar said the policy also gives guidance on placement and care of trees on City Properties, minimum size requirements for plantings and prohibited species. Staff is asking that the City Council move to approve the policy for tree management on City-owned property, City rights-of-way, and City easements. Councilmember Bolkcom said under "Purpose and Definitions" it talks about the City encouraging the greening of the City and thought it sounded like we were planting trees but then it says to assist the residents in preserving trees. She thought it should be defined better, as this FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 14, 2011 PAGE 5 does not pertain to anything that is planted on residents' property. She understands the City does not want people to plant on City property. Mr. Kosluchar said part of the guidance provided includes minimum size plantings in rights-of- ways. The City does not want anyone planting in poor locations that cannot be maintained long- term by the City. Also, if residents decide to plant a tree in the boulevard, staff will have the ability to respond to them based on this policy. The City would maintain any trees on public property, but property owners would maintain shrubs, etc. Councilmember Bolkcom asked for clarification that if a homeowner wanted to plant a tree in the right-of-way, they would have to talk to the City Forester because it may be planted on City property. Mr. Kosluchar answered yes. Councilmember Bolkcom asked what happens if the City says yes it is okay to plant the tree and then it dies. Who replaces the tree? Mr. Kosluchar said tree plantings in the boulevards would not be allowed unless it was for a reforestation plan. Other plantings in City rights-of-way or easements must follow the City Code. If it is planted out of the site line so as not to obstruct any view, it would be allowed if there is no other reason to deny the planting. The property owner would be responsible for the maintenance. Councilmember Bolkcom asked if a tree was currently in the boulevard and it dies, who would pay to have the tree taken down. Mr. Kosluchar answered that the City would. That is the same as the current policy. There is no change in that language. Councilmember Bolkcom asked for clarification that the City would take down anything already planted in the boulevard if it were diseased. Mr. Kosluchar replied yes. Councilmember Bolkcom asked if the City would take it down if it were not diseased or if the homeowner could take it down. Mr. Kosluchar said that in that particular case, the homeowner would have to work with the City Forester. Councilmember Barnette asked why not just adopt an ordinance that says homeowners cannot plant in any City right-of-way. Mayor Lund suggested adding an item that says no planting on City property. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 14, 2011 PAGE 6 Councilmember Barnette said that may be a problem if there were a rain garden. Mayor Lund said that it could state it would have to be an approved project. Councilmember Barnette asked why it would be the City's responsibility to take down a tree that we know for a fact the City did not plant. Mr. Kosluchar said there are a lot of ways to assign responsibility. Part of the problem is if the tree was planted 50 years ago, it is the homeowner's responsibility to care for and remove those trees. The City could take care of it and be responsible for the trees on the boulevard like sewer and water services are done now. Mayor Lund agreed that going forward homeowners should not plant on City property. Trees that exist are okay but do not cut down healthy living trees. If we have to remove trees on City property then it would be the City's expense to remove them. Councilmember Bolkcom said that every street is different and some people do not have any idea if the tree is on City property. Mayor Lund said if they are planting a new tree, they must call the City Forester to make sure the tree is not on City property. On existing trees, if the tree trunk is on City property, then maintenance is the responsibility of the City. Councilmember Bolkcom asked if the ownership of the tree was determined by the middle of trunk of the tree or if any of the tree was in the easement. Mr. Kosluchar said there is a center of the tree and that defines ownership. William Burns, City Manager, said the City encourages boulevard tree plantings in development areas. To suddenly prohibit trees in the boulevard would inhibit that. Mayor Lund said that he did not say nobody could plant, just individuals could not. Plantings can be done in a project. Dr. Burns said that property owners could plant with City Forester approval. We do not have everything in here, but in general, it is a good policy that provides overall guidance. More details can be added to this policy. Councilmember Bolkcom thought she understood that the City Forester would not approve any trees plantings in the boulevard. Mr. Kosluchar said that they would come out and measure the boulevard and the tree could be planted behind that. Councilmember Bolkcom asked if plantings in the boulevard were still encouraged. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 14, 2011 PAGE 7 Mr. Kosluchar said in one or two cases where the City maintains plantings for infrastructure, but generally, homeowners take care of the plantings behind the boulevard. Councilmember Bolkcom thought the policy should get rid of the words "City residents." She thought once City property is defined, it does not need to be repeated. Also, instead of saying just City Forester, "or designee" should be added just in case the City Forester is on vacation. She asked how this would apply to any City-owned property that is sold to someone else or if there would be a problem with any of the screening that we do on some properties. Scott Hickok, Community Development Director, said it would be reviewed by the City Forester. This would match the policies in place and he did not see it as a conflict. It talks about planting to the homeowner, if they can plant on the public right-of-way or not. We get a lot of calls from people who are generally pretty careful planting trees. Councilmember Bolkcom asked when a request for tree removal on City park properties goes to the Parks and Recreation Commission for approval, would it pass on a 3/2 vote. Mr. Kosluchar said yes, but if Council wanted the request to come to them that would be okay too. Removal of trees would not be large removals. Large removals of trees would generally have a project request like installing a sand volleyball court and taking down trees. Councilmember Bolkcom asked how Council would find out what is happening. Mr. Kosluchar said through the Park and Recreation Commission minutes. Councilmember Bolkcom was concerned that things would just happen. If it is just a few trees that will not change the scope of the park that would be okay, but for a lot of trees, it should be brought before Council. Mayor Lund said if it were for removal of healthy trees, a site plan would be submitted to the Parks and Recreation Commission. Councilmember Bolkcom said she was not concerned about one tree. She was concerned about a lot of trees being taken down. Councilmember Saefke said if a large number of trees were removed, a project of some sort would need approval. Councilmember Barnette said not necessarily. He asked if a project like the Spring Project at Springbrook could be approved by the Park and Recreation Commission. Councilmember Saefke said Council was informed of what projects are in stages and how they wanted to develop them. Council approved their plan. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 14, 2011 PAGE 8 Councilmember Bolkcom said Council has not seen the actual site plans and what trees they will be removing. Councilmember Varichak thought that the Parks and Recreation Commission members were diligent about being careful on how many trees are being removed. The Parks and Recreation Commission will save as many trees as possible. Councilmember Bolkcom said she was not trying to say they cannot make a decision. She would just like to be notified in case someone asks her a question. Councilmember Saefke said if someone asked him a question and he did not know the answer, he would call someone on the Parks and Recreation Commission and then return the call with the right answer. He agreed with Councilmember Varichak and has full faith and confidence in our commissions. They would not do anything that would be detrimental to the system. Councilmember Bolkcom said it has been discussed in the past that the City Council would approve bigger projects. Mayor Lund said plans usually need to go to the Planning Commission and then the City Council. Removing this shortens the length of time to get past all Commissions and Council. It could take 60 days to get something done. Councilmember Bolkcom said it used to require all of this approval and now there will be none. Mayor Lund said for purposes of expediting this, it does take out some of those channels. If Council is uncomfortable with it, every situation can be different. He understands Councilmember Bolkcom's concern. Dr. Burns said it could be added that if more than a dozen trees were removed it would have to come back to Council. Councilmember Bolkcom said she would be more comfortable with six trees. Mr. Kosluchar said that the policy could add that if a plan includes removal of more than six trees larger than 3" in diameter, it shall also be approved by City Council. Mayor Lund thought that it should also be added that no planting by residents is allowed on City property. Councilmember Bolkcom asked if the City Forester is contacted to give approval of plantings for new developments. Mr. Hickok said that is pretty rare. Typically, trees are kept off of the public right-of-way. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 14, 2011 PAGE 9 MOTION by Councilmember Saefke to approve the Policy for Tree Management on City- Owned Property, City Rights-of-Way, and City Easements. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY MOTION by Councilmember Saefke to approve the Policy for Tree Management on City- Owned Property, City Rights-of-Way, and City Easements with the addition oi F. The site plan will be also submitted to the City Council for their approval when it includes removal of more than six healthy trees on city park property larger than 3" in diameter. G. Residents shall not be permitted to plant trees on City Property. Seconded by Councilmember Barnette. UPON A VOICE VOTE ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 8. First Reading of an Ordinance Repealing Chapter 510 of the Fridley City Code Pertaining to Tree Preservation. Scott Hickok, Community Development Director, said the public hearing on this ordinance was held on October 10, 2011. Chapter 510, Tree Preservation was adopted originally to assure that trees would be protected in the Springbrook Nature Center. When adopted, the ordinance applied to public land generally, not just City parks. City staff recognizes the value of trees to public lands and has a Forester that makes conscientious decisions about tree removal. Mr. Hickok said the City Council held its public hearing on this item on October 10, 2011. Council requested a tree removal policy recommendation prior to acting on the repeal action with Chapter 510. That policy has been reviewed and approved. With the policy in place, trees will be protected and there will be flexibility to respond to issues in a more timely and efficient manner. Mr. Hickok said the Parks and Recreation Commission reviewed this item on September 12, 2011, and the Planning Commission reviewed the item on September 21, 2011. Both recommended that the ordinance be repealed as long as there is a policy in place that allows them to review plans on Park Land. Staff recommends repealing Chapter 510 of the Fridley City Code. MOTION by Councilmember Barnette to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Varichak. UPON A VOICE VOTE ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 14, 2011 PAGE 10 9. Approve School Resource Office Contract between the City of Fridley and Independent School District No. 14. Don Abbott, Public Safety Director, said this item is for approval of the School Resource Officer Program contract with Independent School District #14 for the 2011-2012 and 2012- 2013 school terms. The School District will fund a portion of the salary and benefits for two licensed police officers assigned as School Resource Officers (SROs). Chief Abbott said for the 2011-12 school term, the amount shall be based on one SRO assigned for the entire term and one SRO assigned for 7/9ths of the term. This amount shall total $79,780. For the 2012-13 school term, the amount shall be based on two SROs assigned for the entire term. This amount shall total $89,752. Chief Abbott said the School District officials and the Fridley Public Safety Director shall determine the specific days and hours to be worked under this agreement. The funding specified in the previous contract covering the 2010-2011 school term was $35,540 for one licensed police officer assigned as an SRO. The contract runs through the end of the 2012-2013 school term. The City or the School District may exercise a 30-day cancellation clause at any time. The contract will be presented to the District #14 School Board for approval at their November 15, 2011, meeting. Staff recommends Council's approval. Councilmember Barnette asked if the Superintendent was agreeable to all of this. Chief Abbott answered yes. We have met continuously over the last 2 to 3 years. Grant funding was discussed but was not successful. Once that news was obtained, this financial arrangement was created allowing an experienced officer to be at the school. We are very pleased to be able to restore that position. Mayor Lund was aware that the Superintendent has wanted another SRO for quite some time and unfortunately, it is needed. Councilmember Saefke said he recalled in the 60s when police officers were assigned to schools in Chicago, now we find it necessity to have police officers in our schools. There is no doubt in his mind they are needed to give encouragement and to show by example. It also provides peace and quiet in the schools. Councilmember Varichak concurred and also thinks it is a necessity. MOTION by Councilmember Saefke to approve the School Resource Office Contract between the City of Fridley and Independent School District No. 14. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 14, 2011 PAGE 11 1. Resolution Adopting Revised 2011 Emergency Operations Plan. Councilmember Bolkcom asked if hazardous waste included diesel spills. Don Abbott, Pubic Safety Director, said basically what that is concerned with is storage and use facilities located within the City. Diesel fuel is not included. Diesel fuel is a hazardous material but does not fall into this definition. The main purpose and benefit of the Emergency Plan is actually the planning process that goes into it as to how we react. Some procedures are required by law. Any guideline to help us deal safely with this is something we will carry over and use to minimize damage. Councilmember Bolkcom asked if we are currently following this plan if it is not required by federal law. Chief Abbott answered yes, we do. It is a very good guidance. Thankfully we have had very few and small in nature incidents containing spills so it does not affect the community. Councilmember Bolkcom asked on the bottom of page five if someone was to do all three of those things. Chief Abbott replied that there are two numbers to the same location; one for out state and one for local. Two of the three would be completed; depending on your location. Ca11911 first and then one of the locations. This is our guide and we understand it. Councilmember Bolkcom asked page six how a list of private resources is maintained. Chief Abbott said the list is updated as we become aware of changes. A lot of suppliers and firms notify us of any changes. During `49er Days week, most of the resources come down to EOC to update their list. Jim Kosluchar, Public Works Director, said his department has 24-hour contacts like electricians and other suppliers they keep on a list. They typically start calling suppliers to verify the numbers January 1 and are complete before `49er Days. Councilmember Bolkcom asked what 302 facilities were. Chief Abbott answered Subtitle of SARA Title III, depending on type of amount of chemical, 302 is one of the categories. SARA Title III is a federal title that refers to a schedule of hazardous or potential hazardous materials that exist in firms. Councilmember Bolkcom asked if this information is kept in a book and the website. Chief Abbott answered yes; and key City staff will also receive a copy. Mayor and Council get copies and a plan is at City Hall for review and on the website. Some portions of the plan are kept private for security reasons and are not included with the public plan. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 14, 2011 PAGE 12 MOTION by Councilmember Bolkcom to approve the Resolution Adopting Revised 2011 Emergency Operations Plan. Seconded by Councilmember Saefke. UPON A VOICE VOTE ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 10. Informal Status Reports: Councilmember Bolkcom said that A Gift for All Seasons High Tea and Sandwiches will be held on December 1 from 6:30-8:30 p.m. The event is free of charge for the high tea. Mayor Lund said that on Saturday night he attended the Islamic Resource Group's (IRG) lOtn Anniversary and 4th Award Ceremony. He enjoyed the networking and met the principal of the school. Councilmember Varichak attended the Veterans Day Celebration at the Fridley Community Center. There was a nice program and over 200 veterans were served lunch. She also mentioned that the Street Rehabilitation Project meeting is coming up this Wednesday in Council Chambers; the doors open at 6:00 p.m. with the presentation starting at 6:30 p.m. Jim Kosluchar, Public Works Director, said residents should have received a letter two weeks ago if they are involved in this project. William Burns, City Manager, added there is a map about the Street Rehabilitation Project in the Sun Focus. Councilmember Bolkcom asked if gas line repair was being done on East River Road. Mr. Kosluchar answered yes; it is a gas main repair and should be wrapped up by the end of the week, unless they run into complications. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 9:00 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund, Recording Secretary Mayor