06/11/2012 - 31348CITY COUNCIL MEETING
CITY OF FRIDLEY
JUNE 11, 2012
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 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
Scott Hickok, Community Development Director
James Kosluchar, Public Works Director
Darin Nelson, Finance Director/Treasurer
Dave Mol, HLB Tautges Redpath Ltd.
John Flora, 573 Rice Creek Terrace
Fadumo Yusuf, 6140 Fifth Street NE
Connie Trentor, 6452 Able Street
PRESENTATION:
Auditor's Update by Dave Mol from HLB Tautges Redpath, Ltd.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of May 21 2012
APPROVED.
NEW BUSINESS:
1. Receive the Minutes from the Planning Commission Meeting of May 16, 2012.
RECEIVED.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2012 PAGE 2
2. Resolution Approving a Minor Comprehensive Plan Amendment, CP #12-01, to
Recognize the East River Road Corridor Study in the Transportation Chapter of
the Fridley 2030 Comprehensive Plan.
William Burns, City Manager, stated staff recommends Council approve a minor
Comprehensive Plan amendment change to recognize reference to the East River Road Corridor
study in Fridley's 2030 Comprehensive Plan. The Planning Commission gave its unanimous
consent to this change at its May 16 meeting. Staffrecommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
3. Special Use Permit Request, SP #12-02, by Landmark Architectural Signs, on
Behalf of St. William's Church, to Allow the Construction of a New Free-Standing
Sign that Incorporates an Electronic Message Center Sign, Generally Located at
6120 Fifth Street N.E.,
and
Resolution Approving Special Use Permit, SP #12-02, for Landmark Architectural
Signs, on Behalf of St. William's Catholic Church, the Property Owner of 6120 Fifth
Street N.E. (Ward 1).
William Burns, City Manager, stated Steve Spry of Landmark Architectural Signs, on behalf of
St. William's Church, is requesting a special use permit to allow the construction of a 40 square
foot, free-standing electronic sign at St. William's Church. The Planning Commission gave its
unanimous approval to this request at its May 16 meeting. Staff recommends Council's
approval.
Councilmember Barnette asked where they were with the removal of the gas station on the
corner.
Scott Hickok, Community Development Director, replied they were not successful in the first
round of TOD grant applications with the Met Council. They have not given up hope that there
might be a grant application out there. They are working with the landowner to have him rezone
it so the potential for redevelopment of this site will be better and the zoning will actually fit with
what the land size is. They are also encouraging the owner and have even offered to loan them
money potentially through the HRA at a favorable interest rate so they can do the demolition.
Staff is preparing a budget for them based on the analysis they had done as to the cost of taking
the building down.
Mayor Lund asked Mr. Hickok whether the owner is talking with staff.
Mr. Hickok replied, yes.
APPROVED SPECIAL USE PERMIT AND ADOPTED RESOLUTION NO. 2012-34.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2012 PAGE 3
4. Resolution Receiving Report and Calling for a Public Hearing for Oak Glen Creek
Improvement Project No. 380.
William Burns, City Manager, stated on February 13 Council approved a resolution directing
the preparation of a feasibility report for the Oak Glen Creek Improvement Project. The City's
Public Works staff and representatives of the Anoka County Conservation District subsequently
reviewed the project and assessments for the project with residents on March 28 and again on
May 15 when the project guidelines changed somewhat. While not everyone agrees with the
assessments, there is a strong consensus the project should proceed. A feasibility report has been
included in Council's reading packet. Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
5. Approve Facilities Lease Agreement Between the City of Fridley and the City of
Minneapolis Allowing the Fridley Fire Department to Use the Minneapolis Fire
Department Training Facility.
William Burns, City Manager, stated Fire Chief John Berg is requesting Council approve a lease
agreement with the City of Minneapolis that will allow Fridley's firefighters to train at the two-
story live burn building at the Minneapolis fire training site in Fridley. The Minnesota Board of
Firefighter Training will be providing grant money to cover Fridley's cost for the use of these
facilities in 2012. Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
6. Motion to Approve the Disbursement of the Twin Cities Gateway Community
Grant Funds;
and,
Approve the 2012 Member City Marketing Grant Agreement Between the City of
Fridley and Twin Cities Gateway.
William Burns, City Manager, stated Fridley is a member of the Twin Cities Gateway, a tourism
bureau, which collects a 3 percent lodging tax on moteUhotel properties in nine-area cities. Each
year, the Twin Cities Gateway distributes marketing grants which, according to our agreement
with them, must be used for marketing and promoting the City as a tourist or convention center.
Each city's annual share is calculated with a base amount distributed evenly among the nine
cities and a second amount based on percentage of hotel revenues collected in the previous year.
Dr. Burns stated Fridley's base amount is $3,000; and its amount based on percentage of the
total hoteUmotel tax collected is $2,352. Staff is recommending that Council allocate its $5,352
as follows: Fridley `49er Days, $2,400; Springbrook Nature Center's Pumpkin Night in the
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2012 PAGE 4
Park, $1,100; the Recreation Department's Winterfest program, $1,100; and the Springbrook
Nature Center's Spring Fling, $752. Staff recommends Council approve these disbursements
and authorizes the City Manager to execute the 2012 Member City Marketing Grant Agreement.
APPROVED.
7. Claims (155183 — 155555).
Councilmember Bolkcom referred to page 41 where it should say "plumbing" instead of
"plumping" in the description column for Terry Overacker Plumbing.
APPROVED AS CORRECTED.
8. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Bolkcom requested removal of Item Nos. 2, 4, and 5.
MOTION by Councilmember Barnette to approve the consent agenda with the removal of Item
Nos. 2, 4, and 5. 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 approve the agenda with the addition of Item Nos. 2,
4, and 5. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM:
John Flora, 573 Rice Creek Terrace, presented a petition from 20 residents representing 16
properties on the north side of Rice Creek Terrace, between Si�th Street and Madison Avenue. It
is requesting Council action to request Xcel Energy to loop, or any other action is necessary, to
provide positive power line service to that neighborhood. On Memorial Day weekend, they were
without power for 16 hours. It seems when there is a major rain event or storm, they do not have
any power to their residences, and there are some medical services necessary in that area for
people using equipment. Therefore, they request Council to urge Xcel Energy to do something,
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2012 PAGE 5
whether they put more circuit breakers in, bury some lines, or loop some lines, in order to
provide them some positive power when they have these non-major storm events.
Mr. Flora stated over a number of years now, they have had power outages even when there
have been no major storms. It seems it involves that same area, the north side of Rice Creek
Terrace. The south side has power. The people across the creek have power. However, that one
little section of Rice Creek Terrace gets cut off.
Mayor Lund stated he will look into it some more. They have had some conversation by
e-mail, etc. His understanding from Xcel is that the only looping they ever do is those major
transmission lines and not individual areas. Certainly burying the entire system is better, as it
takes it away from any of these storm-related events, but that is an e�tremely expensive
proposition.
Mr. Flora asked why the other areas do not lose their power.
Mayor Lund said they will ask that question. In a specific geographic area, he does not know
how well they maintain those records. In talking with City staff, it was mentioned that Mr.
Flora's area lost it once this year, just recently, and lost it twice last year.
Dr. Burns stated three times last year.
Councilmember Bolkcom asked if the other past outages have been as long as the 16-hour one.
Mr. Flora replied, they have been and some have lasted for a couple of days.
Dr. Burns stated the outages have been largely due to trees being blown over onto power lines,
and they have to get the trees out of there and then reconnect the power lines.
Mr. Flora replied, if there is a break; but they do not have that many trees falling down in their
neighborhood.
Dr. Burns stated but that is what happened on Memorial Day.
Mayor Lund asked what the protocols or policies are. They are kind of governed by the Utility
Commission.
James Kosluchar, Public Works Director, stated the Council has a franchise agreement with
Xcel and in the agreement it delineates terms. He thinks it includes service outage limitations or
requirements for service.
Mayor Lund stated they will look into seeing if there is more they can do.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2012 PAGE 6
MOTION by Councilmember Saefke to receive the Petition to Encourage Xcel Energy to Loop
Power, etc., in the Area of the North Side of Rice Creek Terrace, between Si�th Street and
Madison Avenue. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Fadumo Yusuf, 6140 Fifth Street NE, stated she has been here a couple of times regarding a
program for minority kids called "East African Services." Although they do not have their
proposal in hand tonight, they are asking the City if it can help them during the summertime
while the schools are closed. They have about 20 to 25 kids in their program, and they do their
after school program activities in the library every Tuesday and Thursday from 4 to 6 p.m. With
the schools being closed, they are asking the City to provide some funds to help those kids to
keep them busy during the summertime. They would like to bring their proposal to the City
Council ne�t time.
Connie Trentor, 6452 Able Street, stated she is a volunteer with Ms. Yusuf. She answered an
ad in the paper and has been helping through the school year and tutoring the children and
helping them transition into the new community. She has been helping them with conflict
resolution, reading, homework; and in the summer Ms. Yusuf wants to do other things with
them. The money is not really there. Ms. Trentor thinks it is really beneficial to help the kids
transition here. It would help the kids learn how to deal with each other a little better.
Mayor Lund asked what the age group was.
Ms. Yusuf replied K throughl2.
Mayor Lund replied, he did not know about using City funds for this program; but it may be
appropriate to have the Parks and Recreation Department look at working with them or perhaps
the school district's community center could be used.
Councilmember Bolkcom asked Mr. Hickok if there is any CDBG money. Could they get
some help from the County?
Mr. Hickok replied there still is the CDGB Program. Over the past few years it has become
fiercely competitive. Their focus has pretty much been on affordable housing and
redevelopment in that regard, but that is not to say there are not some good programs such as this
one they could take a look at. He will give the speakers his card and they can contact him to get
the information on how to contact the right people at the County.
Councilmember Bolkcom stated they could also contact the County Commissioner Jim Kodiak,
as there might be some other help through the County.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2012 PAGE 7
OLD BUSINESS:
9. Second Reading of Ordinance to Amend the Fridley City Code, Chapter 205, to
Allow a"Farmers' Market" as an Accessory Use (Text Amendment Request, TA
#12-01, by the City of Fridley);
and,
Adopt Official Title and Summary Ordinance.
Scott Hickok, Community Development Director, stated Council held a public hearing on May
7, 2012, and the first reading of the item on May 21. At that meeting, additional questions were
brought up, specifically relating to how farmers markets might work inside a building.
Questions were also asked about allowing a property owner to sell produce from their residential
property and what the regulations would be for somebody like Medtronic or another private
entity who might want to have a private farmers' market on their property for their employees.
Mr. Hickok stated the proposed ordinance before the Council is specifically related to farmers'
markets that will take place outdoors. Staff proposed the outdoor limitation, as the City of
Minneapolis recently modified their farmers' market Code when they had problems develop with
indoor markets occurring in industrial properties that were not properly designed for that use.
Mr. Hickok stated a farmers' market inside an industrial building would be considered an
assembly use and subject to the State Building Code requirements, meaning proper exits,
bathrooms, ventilation, etc. Most of Fridley's industrial buildings would not meet such criteria
without costly modifications. If it was not designed as an assembly area, it likely does not have
the necessary accruements. Staff sees no problem with an indoor farmers' market in commercial
buildings or institutional use buildings that meet the Building Code requirements for assembly.
If Council would prefer to allow farmers' markets indoors, staff proposes that the word
"outdoors" be removed from the first line of the farmers' market definition. Also, staff suggests
an additional line be added to the requirements repeated in the various Zoning Code sections
listed in the attached ordinance draft that states a new paragraph, paragraph (n), "All State
Building Code requirements for assembly use are met for indoor markets prior to their
operation." This clause would allow the City to ensure that a building use for farmers' markets
meets the necessary Code requirements to ensure public safety.
Mr. Hickok stated although this use is not listed as an allowable accessory use in our residential
districts, staff would most closely relate this type of use to a garage sale. That is related to the
question regarding residents selling garden products in their driveways. Garage sales are not
listed as an accessory use either. The City currently has no regulations in its Code related to
garage sales except for how it regulates the signs in the sign code. A garage sale is something
that occurs with little disruption in the neighborhood unless it becomes perpetual which then the
City can address through its home occupation ordinance. Therefore, if a resident would like to
sell homegrown tomatoes from their property, staff would likely not get involved unless it
creates a disruption to the neighborhood. If that occurs, staff could effectively resolve that
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2012 PAGE 8
problem through the home occupation section of the Code. Staff does not believe any additional
legislation would be required for that topic.
Mr. Hickok stated, finally, as to private farmers' markets, City staff and the City Attorney have
spent a lot of time discussing this topic and concluded that if a private business wants to offer
this amenity to their employees only, this would be allowed without any special consideration by
the City. This type of market which is attended by only the employees of the business, does not
pose the same public safety issues related to traffic circulation, parking, and other things the City
has considered as one that would be open to the public. The City has been approached by
Medtronic in the past regarding this same question, and staff has advised them they have the
authority to have a farmers' market for their employees only on their property. Many private
corporations do provide e�tra services and benefits to their employees, and staff sees this as an
e�tension of those services and would not get involved. It would only become an issue if the
market is open to the public. The farmers' market permit would then be required to be approved
by the City.
Mr. Hickok stated staff recommends Council hold a second and final reading of this ordinance
as amended. If Council feels so compelled to modify the definition to include "inside," they can
do that.
William Burns, City Manager, stated they also changed the word "church" to "places of
worship."
Councilmember Bolkcom asked if they could just take the word "outdoor" out. It gives
someone an opportunity to have an indoor market if it meets the State Code.
MOTION by Councilmember Bolkcom to amend the definition of Farmers Market in the
ordinance by removing the word "outdoor" and to amend the ordinance to allow paragraph (n)
which states, "All State Building Code requirements, including but not limited to, the
requirements for assembly use are met for indoor markets." Seconded by Councilmember
Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt
Ordinance No. 1295 on second reading and adopt Official Title and Summary Ordinance No.
12955 and order publication. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2012 PAGE 9
10. Second Reading of an Ordinance Amending Chapter 11 of the Fridley City Code
Pertaining to General Provisions and Fees.
Scott Hickok, Community Development Director, stated this simply adds to Chapter 11 a fee of
$100 for the application.
MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt
Ordinance No. 1296 on second reading and order publication. Seconded by Councilmember
Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
2. Resolution Approving a Minor Comprehensive Plan Amendment, CP #12-01, to
Recognize the East River Road Corridor Study in the Transportation Chapter of
the Fridley 2030 Comprehensive Plan.
Councilmember Bolkcom stated she knows there was a conversation about this at the Planning
Commission meeting. She said just because they are approving the change, the Comprehensive
Plan still stands. This is basically just making a minor change to the City's Comprehensive Plan,
correct?
Scott Hickok, Community Development Director, replied correct. Just because the
Comprehensive Plan was approved and written prior to the East River Road Corridor Project,
this is simple language that adds a reference in there so people understand those changes are now
part of the Comprehensive Plan. A lot of the funding the City would go after to do portions of
this project will require the City recognizes this study in the Comprehensive Plan. It is a
logistical housekeeping issue, and it is good to keep the Comprehensive Plan updated.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2012-33. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
4. Resolution Receiving Report and Calling for a Public Hearing for Oak Glen Creek
Improvement Project No. 380.
MOTION by Councilmember Bolkcom to receive the preliminary report for Oak Glen Creek
Improvement No. 380, dated June 2012. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2012-35. Seconded by
Councilmember Saefke.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2012 PAGE 10
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
5. Approve Facilities Lease Agreement between the City of Fridley and the City of
Minneapolis Allowing the Fridley Fire Department to Use the Minneapolis Fire
Department Training Facility.
Councilmember Bolkcom stated she read the agreement and there are a lot of money signs.
She asked if they have any idea what this would cost.
William Burns, City Manager, replied he does not have an exact dollar amount. His
understanding is the only thing they want to do is use the two-story burn room in conjunction
with several other fire departments. He has a guarantee that the cost for the rental of that room
will be covered from State funds. That is all they want this for. They passed a very similar
agreement in 2003.
Councilmember Bolkcom stated, right, but it was $500. It is not budgeted for the City?
Dr. Burns replied, no.
Darcy Erickson, City Attorney, stated she did review this agreement and attempted to e-mail
Fire Chief Berg. She just had one slight recommendation with respect to the agreement. She
would suggest they request a slight modification to the indemnification provision in two places.
Minneapolis may or may not agree to it. Typically she would recommend the City limit it to its
tort cap liability. With municipalities, there is typically some agreement to do so.
Councilmember Bolkcom asked if they should table this item.
Attorney Erickson replied, she thinks they could approve it with the understanding and
direction that City staff or the City Attorney attempt to revise that provision.
Councilmember Bolkcom asked whether it is a deal breaker on the City's part if they limit it.
Mayor Lund stated they would still go ahead with it after they have approved it.
Councilmember Bolkcom stated that because they have limited the City's tort liability, what is
the difference in cost and everything else? What are they looking at?
Attorney Erickson replied, the tort liability limit is $1.5 million which is typically what the City
has insurance coverage for. That is always a standing recommendation for agreements of this
nature. Her recommendation is to try and change it but, if not, the City has executed it before
and it is a risk calculation. She could not speak to that.
William Burns, City Manager, stated they should amend it with Attorney Erickson's tort
language liability language. If it does not work, they can bring it back.
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2012 PAGE 11
Attorney Erickson referred to the Hold Harmless provision in paragraph 9 and the Data
Practices Act in paragraph 12. The language would be inserted at the last sentence in paragraph
12 as follows: "The Lessee ...up to the maximum tort liability limits set forth in Chapter 466 of
Minnesota Statutes. . . ."
Attorney Erickson stated also insert similar language in paragraph 9 as follows: "The
Lessee. ..including attorney's fees up to the maximum tort liability limits set forth in Chapter
466 of Minnesota Statutes. . . ."
MOTION by Councilmember Bolkcom amending paragraphs 9 and 12 of the Facilities Lease
Agreement by inserting the language, "up to the maximum tort liability limits set forth in
Chapter 466 of Minnesota Statutes" in paragraphs 9 and 12 as directed by the City Attorney.
Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom Approving the Facilities Lease Agreement between the
City of Fridley and the City of Minneapolis Allowing the Fridley Fire Department to use the
Minneapolis Fire Department Training Facility. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS:
10. Informal Status Reports.
Councilmember Bolkcom asked Mr. Kosluchar if East River Road will be torn up through
August for the gas line.
Mr. Kosluchar replied he talked to CenterPoint about the schedule and, according to their initial
schedule, yes. They were going to try to finish a few weeks before school started again.
ADJOURN.
MOTION by Councilmember Barnette, seconded by Councilmember Varichak, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 8:34 P.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor