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CCM 06/24/2013 CITY COUNCIL MEETING CITY OF FRIDLEY JUNE 24, 2013 Mayor Lund called the City Council Meeting of June 24, 2013 to order at 7:30 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: Wally Wysopal, City Manager Scott Hickok, Community Development Director James Kosluchar, Public Works Director Darin Nelson, Finance Director/Treasurer Darcy Erickson, City Attorney Pam Reynolds, 1241 Norton Avenue N.E., Fridley Robin Hiney, 6360 Monroe Street N.E., Fridley Gidget Wegener, 10972 Quincy, Blaine Dianna Whalen, Coon Rapids rd Alicia Trucke-Fowler, 415 – 63 Avenue, Fridley rd Lindsay Trappen, 415 – 63 Avenue, Fridley Carol Hoiby, 5380 Seventh Street N.E. Thomas Bourque, 8310 University Avenue N.E. LEGISLATIVE UPDATE: Senator Barb Goodwin said the State session was very good compared to the previous sessions. In the City of Fridley, local government aid is up over 60%. Sales tax exemption is another good addition for cities and takes the pressure off of property taxes. Some public services will be taken over, like public offenders, courts, public safety, probation, parole, youth intervention services and additional funding for adult and student mental health. For the City of Fridley, the schools did very well and will be paid back within two years. An extra per student funding added $50 recently. Other funding aid includes mental health, special education and early childhood development. Voting changed and now an absentee ballot can be requested with no excuse. Early voting for the June primary did not pass. For homeowners, there is weatherization assistance and additional mortgage foreclosure assistance. There is also a college tuition freeze and $46.7M in student aid funds available. Representative Connie Bernardy said this was an incredible session and most importantly, the budget was balanced without any gimmicks. The changes are transparent, and long-lasting FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 2013 PAGE 2 structural changes were made. Fairness was created in the tax system, investments for middleclass families and education, like all day kindergarten was passed. Middle class job creation, workforce development, and small business strategies will be worked on. Adult basic education is also getting funding, as well as property tax relief. The homestead credit refund will apply to more than 300 homeowners, and the average homeowner credit refund will increase by $212. People really were engaged this session by sharing their ideas, and the Fridley community played a leadership role. PRESENTATION: ‘49er Days Festival – Thursday, June 28 – Sunday, June 30. PROCLAMATION: Women of Today Founder’s Day – July 1, 2013. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: 1.City Council Minutes of June 10, 2013. Councilmember Barnette noted on page 6, fourth paragraph, second sentence should start with Bernster Bernsten. Councilmember Saefke noted the following corrections: th Page 8, 6 paragraph, third sentence should read “take it from the advantage of the person…” th Page 11, 10 paragraph, should read “Councilmember Saefke asked stated…” nd Page 11, 2 paragraph from bottom, third sentence should read “two-thirds of the way down on and…” APPROVED AS AMENDED. NEW BUSINESS: 2.Preliminary Resolution Approving and Certifying the Adequacy of the FMC Site Development Alternative Urban Areawide Review (AUAR) for the Property Located at 4800 East River Road (Ward 3). Wally Wysopal, City Manager, stated the AUAR is a public document which guides the re- development of a contaminated site in cooperation with a developer and the City. The document is a result of a public awareness and participation process prescribed by Minnesota. Law and FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 2013 PAGE 3 administered by the Environmental Quality Board (EQB), a State agency. Public comment, as well as specific agency comments on the proposed AUAR, will be completed on July 1, 2013. The comment periods will close July 1, and then all requirements are considered fulfilled. All development scenarios presented and reviewed are considered, consistent with the City’s Comprehensive Plan. The resolution affirms the City’s obligation under State Law that the AUAR document for the FMC site is considered adequate. Intended redevelopment of the 122- acre site is for a 1.59M square foot mixed-use site with land use requests beginning in several months. This item will return at the July 8 Council meeting. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3.Approve Livestock License Application for Laying Hens, Generally Located at 6360 Monroe Street N.E. (Ward 1). Wally Wysopal, City Manager, stated this request is for 6 laying hens, no roosters, in a 5’x10’ unattached structure. The garage is already a non-conforming use due to size but since it is not being added on to no violation occurs. The request meets all aspects of the code in terms of a 30’ setback from all lot lines, and it is not visible from the street or neighbors. The $100.00 application fee has been paid and the site has been review by staff. The property owner is advised that a continued annual application is required, and when the hens no longer produce eggs, they must be removed from the property, as butchering is not allowed. Also, the structure may not become attached to the garage, as it would violate the existing non-conformity. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4.Approve Replacement of the Kalwall Roof at the Springbrook Nature Center (Ward 3). Wally Wysopal, City Manager, stated the translucent roof has been damaged for some time, and its repair is essential to limiting the damage taking place to the interior finishes. The replacement was not a budgeted item. The desired building expansion will not eliminate the need to make the roof repairs. Two quotes were received and the lowest being $60,980 was from W.L. Hall Company. The balance in the Reserve Fund for Springbrook is $99,800 and will be the intended funding source with appropriation made by budget amendment later this year. Installation will take 3 days, during which the exhibit room will be closed. There will be no disruption to the restrooms, classroom and office areas. APPROVED. 5.Resolution Supporting the Improvements to Springbrook Nature Center Associated with the SPRING (Sanctuary Protection & Renewal into the Next Generation) Project and Supporting the Request to the State of Minnesota for Financial Assistance (Ward 3). FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 2013 PAGE 4 Wally Wysopal, City Manager, stated Springbrook is a 127-acre nature center/park which provides year-round activities to the region, with more than 200,000 visitors annually. The Nature Center Foundation desires to improve the park at a cost of about $7.6M. They are requesting $5.5M in state bonding. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 6.Approve Agreement between the Minnesota Commercial Railway Company, Fridley ‘49er Days Community Festival Committee, and the City of Fridley Regarding Use of a Locomotive for the Touch a Truck and Train Event. Wally Wysopal, City Manager, stated this attraction is intended to generate interest for the ‘49er Days Celebration. The City Attorney, MN Commercial Railway, and the LMCIT (City Insurance provider) approved the Agreement. MN Commercial Railway will be added to the City policy at no additional cost. APPROVED. 7.Commission Appointment – Environmental Quality and Energy Commission. Wally Wysopal, City Manager, stated that Sam Stoxen was interviewed by the City Council and deemed to be a good fit as he has a B.S. in Ecology and M.S. in Plant Pathology. He provides good balance as he resides in Ward 1. The appointment is conditioned upon the approval of his employer (USDA). APPOINTED. 8.Claims (159921 - 160104). APPROVED. 9.Licenses APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF CONSENT AGENDA: Councilmember Bolkcom asked to remove Item No. 3. Councilmember Saefke asked to remove Item No. 2. Pam Reynolds, 1241 Norton Avenue N.E., asked to remove Item No. 5. MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of item nos. 2, 3 and 5. Seconded by Councilmember Varichak. FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 2013 PAGE 5 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to approve the Agenda with the addition of item nos. 2, 3 and 5. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM VISITORS: Councilmember Bolkcom thanked Darin Nelson for his service in filling in as the Interim City Manager. Councilmember Bolkcom asked for an update on the storm damage in the community and if the City will offer a tree/limb pick up. She also asked how many people were still without power. Jim Kosluchar , Public Works Director, replied that as of this afternoon, Xcel reported there are still about 350 residents without power. There is a cluster around I694 and East River Road plus scattered areas throughout the community. The power supply to one of the pump houses is out too and a generator is taking care of the pump house. They are projecting that all power will be restored by Wednesday and some areas will have power restored sooner than others. The picking up of the trees is based on the amount of damage. Events in 2011 and 2005 were widespread and extensive events. The goal for the City is to try to get the material off the roads as soon as possible, as it could cause flooding if storm sewers are blocked. This storm was less intense than the other two events. It is a difficult choice, and it is estimated that there is not enough material to bring in a tub grinder at no charge. Collection of the material will cost the City if we choose to take in the debris. In this type of situation, the lesser amount of material that is collected is a larger cost to the City. Councilmember Bolkcom asked if staff could post something on the website so people know where to haul their debris. She said she would like the City to have a workshop regarding discussion of storm damage and policies. Mr. Kosluchar replied there is a site in Blaine and in Anoka County for debris. Sometimes the charge is waived for debris drop off in cases like this. When information is available it will be posted on the website. CouncilmemberBarnette said he also received a few calls about debris. Tree removal companies are backed up and the wait is up to two weeks before they can come to do any work. Councilmember Bolkcom asked if staff would back off on code violations to give people time to clean up their properties. FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 2013 PAGE 6 Scott Hickok , Community Development Director, said at a previous Council meeting a comment was made about the 925 Mississippi Street lot split. Staff did some research and 925 Mississippi Street is a large lot on its own. The curve in the road came before the property and therefore has an interesting 25’ lot frontage on the public right of way for a legal lot. It was stated at the meeting that the City created this problem but that is not the case. This is a private platting decision made by the developer. If the developer meets the platting requirements, the Council has to let the owner do what the requirements are and not set any extraordinary stipulations. This was a private plat that the developer decided to create. Mayor Lund said at a past meeting a discussion was held regarding the distribution of advertisements from the Star Tribune in people’s driveways causing litter. Staff has had some success in communicating with the Star Tribune and there is a meeting scheduled next week with the Star Tribune to discuss this problem. Residents can opt out of the free paper but it is not always successful. Updated information will be posted on the City’s website. Councilmember Barnette said he was getting the advertisements and the last few weeks it has stopped so something was done. 2. Resolution Providing Preliminary Approval and Certification of the Adequacy of the FMC Site Development Alternative Urban Areawide Review (AUAR) for the Property Located at 4800 East River Road (Ward 3). Councilmember Bolkcom asked what Council was approving. Mayor Lund noted that in the new resolution the dates have been changed. Scott Hickok, Community Development Director, stated this is a lengthy process, and the last time something like this was done was in 2000. What is being done tonight is sending a message to the developer that this will be approved because the bank will close on the land before the next Council meeting, and they would require some assurance of what Council’s future action might be regarding site environmental matters. On July 8, the resolution and certification will become official; today it is preliminary. The final certification and resolution will be on the agenda on July 8, and the dates will be clear. Councilmember Bolkcom said there has been little comment from public and asked if someone wanted to look at it, where the document could be found. Mr. Hickok stated the document can be found in draft form on the City’s website. There are two 30-day comment periods and a 10-day comment period. A comment was received from the Met Council. The Met Council engineer spoke with the project engineer and the concerns were taken care of. In the 10-day comment period, someone could object to the AUAR but that did not happen. The comment period ended counting business days, not calendar days, which was today at 4:30. The requirement is to wait 15 days from the distribution of the disc which would put the period ending anytime after July 1. Setting the date as July 8, the 15-day requirement of the law has been met. Tonight, Council gives Paul Hyde indication that what is coming on July 8 is the actual approval and certification. FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 2013 PAGE 7 Councilmember Bolkcom commented that the document is not easy to find on the website. Mr. Hickok said it is best to type AUAR in the search area. MOTION by Councilmember Bolkcom to move into record and adopt Resolution No. 2013-32, replacing the resolution on Pages 16 and 17. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 3.Approve Livestock License Application for Laying Hens, Generally Located at 6360 Monroe Street N.E. (Ward 1). Councilmember Saefke asked where the disposal of chicken waste would go in the winter and what would be done with the chickens at age 3. Robin Hiney, 6360 Monroe Street, said her son wants to keep the chickens, but they may butcher them at a farm not in Fridley. Councilmember Saefke said that he drove by the property and the coop cannot be seen from the street. He asked if the neighbors knew about this request. Ms. Hiney replied yes. One neighbor used to live on a farm and is excited about it. The other neighbor is not home much and the property behind is a vacant rental property. Regarding the waste disposal, her father-in-law wants the waste for his greenhouse plants and it would be used in compost too. Councilmember Saefke said there was an issue with odor from the compost and he was concerned that by adding chicken waste in the summer it could be worse. He also asked staff about the nonconforming garage and if the homeowner had to do anything about it. Scott Hickok, Community Development Director, replied that the nonconforming garage predates her existence on the site and they are not expanding the nonconformity. However if they ever wanted to enlarge the garage, new plans would have to be submitted. If the current nonconforming structure was inept and there was a safety concern, it would have to be removed, but there is no safety concern. Councilmember Saefke asked if nonconforming structures were found in a title search. Mr. Hickok answered no. It would more likely be found in an appraisal. Ms. Hiney said the smell from the compost that was an issue was actually from the landscaping. The previous owners had put down carpet as a landscaping barrier and it was moldy and smelly. This has been removed. FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 2013 PAGE 8 Councilmember Bolkcom asked if the petitioner needed to come back annually for approval of this item. Mr. Hickok answered yes. Wally Wysopal , City Manager, asked whose responsibility it was to come forward for the next license; the homeowner or does the City send out a notice. Mr. Hickok replied that the Finance Department sends out an annual renewal notice. Mr. Wysopal noted the homeowner cannot expand the garage or chicken coop. He asked if they could expand the house. Mr. Hickok stated the nonconformity refers to anything attached to the garage. An addition to the house could be done, but they would still need a building permit. MOTION by Councilmember Saefke to approve the Livestock License Application for laying hens, generally located at 6360 Monroe Street N.E. (Ward 1). Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. Resolution Supporting the Improvements to Springbrook Nature Center Associated with the SPRING (Sanctuary Protection & Renewal into the Next Generation) Project and Supporting the Request to the State of Minnesota for Financial Assistance (Ward 3). Pam Reynolds, 1241 Norton Avenue, stated this issue should be tabled indefinitely and Council should take a step back. In 1978, the citizens voted to build a nature center or golf course and at no time were the citizens asked if they wanted this SPRING project. She would like to go back and make sure, via vote, people want this SPRING project. Mayor Lund said understood Ms. Reynolds concern. The SPRING project has been discussed on a number of occasions. The Foundation is part of the levy referendum in 2004. Ms. Reynolds said the SPRING project was not part of the levy. Mayor Lund stated part of the campaigning to raise money for this project is outside of taxation and Council approved that on more than one occasion. Before anything can be built, they have to have the money on hand for the phases along with setting money aside for maintenance for the SPRING project. The City has to be involved in this request because of the bonding bill. Councilmember Barnette agreed that whatever occurs in this project, the money needs to be funded beforehand. All projects have to be approved by the Parks and Recreation Department FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 2013 PAGE 9 and they have to raise the money for this to happen. No tax dollars are spent and all projects need approval from the City. Ms. Reynolds said if they use State funding, it is still using tax dollars to build this fancy new place at Springbrook instead of having the Nature Center people asked for in 1978 vs. a golf course. Councilmember Bolkcom agreed that there have been a lot of conversations at City Council conference meetings and public meetings. The Foundation has presented a vision and Council agreed to the vision and has not heard from anyone against this project. The tax dollars are coming out of State tax dollars, not just the City of Fridley. This project will make the nature center better because it also includes facilities that will pay for themselves and bring money back into the nature center. The project will make better classes, camps and activities because it will be a better park. The money from the levy is to maintain and enhance the park. Ms. Reynolds said that programming and maintenance is what the funds are supposed to be used for, not to make it bigger and better. Councilmember Bolkcom said that no money will be used from the levy to do the SPRING project. Mayor Lund did not know why people would vote against a volunteer group that reaches out to seek bonding and donations to do improvement in our city. Ms. Reynolds is against taking the land the City has for a nature center and turning it into a country club. Mayor Lund said this is a strong benefit for the City and the surrounding communities which is why it is a regional park vs. a city park. There are generous people in the community that put efforts into improvements to enhance the experience at Springbrook Nature Center. Wally Wysopal , City Manager, asked if the City Charter prohibits Council from accepting funds. Ms. Reynolds replied no. Darcy Erickson , City Attorney, was not aware of anything that would prohibit accepting these funds. The City has routinely done this in the past, and she was not aware of any Charter restriction. She did not see anything to prohibit approving a resolution of support. Councilmember Barnette stated the Parks and Recreation Commission make recommendations and no City dollars are spent on this. MOTION by Councilmember Bolkcom to adopt Resolution No. 2013-31. Seconded by Councilmember Saefke. FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 2013 PAGE 10 Mayor Lund stated this is paid for by the State and is still taxpayer money. There is an $800M bonding bill which is from the State to invest in various elements in the State of Minnesota. It is not wrong to allow a $5.5M request into the bonding bill so a little of that money comes to Fridley. A lot of projects are looking for those dollars. Fridley has requested this for the last five years, and hopefully, the City will be part of that bonding bill. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: 10.Consideration of an Ordinance to Declare Property Excess and Authorize the Sale nd Thereof Generally Located at the Corner of 52 Avenue and Taylor Street N.E. (Ward 1). MOTION by Councilmember Saefke to open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING OPENED AT 8:59 P.M. Scott Hickok, Community Development Director, stated that the Council inquired about this property in 2012. Staff researched the history of the property and Harvey Peterson, Builder, forfeited the property and the City acquired the property in 1981. The aerial photos show use by the South Fridley Apartments. The driveway that is installed became more formalized use overtime. The City approached South Fridley Apartments and offered them a lease and annual tax arrangement. No terms were reached so it was discussed with the Fire Department to remove the driveway. A fire hydrant is recommended (unrelated to driveway) by the fire department. A survey has been prepared and builders have expressed interest in purchasing this lot. The South Fridley Apartment owner has been notified of this public hearing. Mr. Hickok stated that the property has been assessed at $34,400 which would be city revenue when the property is sold. Paul Bolin, Assistant Executive Director of the HRA, agreed to promote this property with his scattered site parcels belonging to the HRA. There is an overhead power line for a light pole that would need to be removed and South Fridley Apartments would terminate the use of this driveway. Mayor Lund noted that this driveway is on city property; he asked if they should remove the driveway at their cost. Mr. Hickok replied that idea has not been discussed. The driveway was installed in 1994 and the lifespan of the driveway is gone; they have gotten the value out of the driveway. Mayor Lund added that they have also used the property free for many years. FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 2013 PAGE 11 Mr. Hickok said that it would be easier for the city to remove the driveway rather than negotiating with them to remove the driveway. Councilmember Barnette suggested putting up a barricade in the driveway. CouncilmemberSaefke asked if the fire department requires the property owner to put a fire hydrant on the south side and if there was room for the fire trucks to turn around there. Mr. Hickok replied that Chief Berg had a discussion with the owner of the complex and advised that they put in a fire hydrant. This type of building could have as many as 8 fire hydrants. Time is of the essence when there is a fire and the ability to hook up to a source with much less hose to get to the fire is quicker. CouncilmemberSaefke asked if the fire hydrant is required. He noted that this building is the furthest away from the Fridley and Columbia Heights fire station. If there was a fire, the travel time down there plus laying several hundred feet of hose takes more time. Mr. Hickok said that he would notify them as part of this discussion and notes the concern of fire safety and that a third fire hydrant is recommended. If fire code can be enforced, staff will be sure to enforce it. Chief Berg said a third fire hydrant could be mandated; staff will continue to pursue that. Mr. Hickok added that the fire truck was brought in and it could turn around in that area. Councilmember Bolkcom asked if the subject property could be purchased by Fridley Apartments. Mr. Hickok replied that the city can put standards on the sales contract on what they would like to be built there. The HRA does a nice job at putting standards on houses to be built and could put standards on the lot and control what will be built. Councilmember Bolkcom said this is not an HRA lot but Council could put stipulations on the lot. Mr. Hickok replied that is correct, he was talking about the HRA because they have a good model. This is a city owned lot but Paul Bolin is willing to take their experience in selling lots and add this lot to the list so it is evident to builders another lot is available. The city would get the proceeds for the sale of this lot. Councilmember Bolkcom asked if the Fridley Apartments were aware of the public hearing tonight because no one was present. She asked if any communication was received from them. Mr. Hickok replied that they were aware of the public hearing through public notice; both written notice was sent out and staff tried to contact them personally. Staff has not heard anything from them. FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 2013 PAGE 12 MOTION by Councilmember Saefke to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 9:17 P.M. OLD BUSINESS: 11.Resolution Approving a Final Plat, P.S. #12-01, for William Fogerty, Owner of the Columbia Arena Property, Located at 7011 University Avenue N.E. (Ward 1). Scott Hickok, Community Development Director, stated he would present Items 11 and 12 together. Petitioner is requesting final plat approval for the Columbia Arena property. The petitioner is also requesting to vacate an existing public right-of-way easement and three utility easements that will be dedicated to the new plat for the Columbia Arena Project. Council will recall, the petitioner asked and received preliminary plat approval for the subject property to create three lots from the one large lot, to allow for potential redevelopment opportunities. Final plat approval is required within six months of the preliminary plat approval. Council approved a two-month extension to May 11, 2013 as was requested by the petitioner. Mr. Hickok stated on May 6, 2013, Mr. Fogerty signed a waiver to State Statute §15.99 for the platting process, requiring Council action by September 9, 2013. At the June 10, 2013, City Council meeting, both the Final Plat, PS #12-01, and Vacation Request, SAV #13-01, requests were continued to the June 24, 2013 City Council meeting. The Planning Commission recommended approval of PS #12-01 on August 15, 2012. Mr. Hickok stated the Planning Commission recommended approval of Vacation Request, SAV #13-01 on May 15, 2013. Staff recommends Council’s approval of the final plat and vacation request. Mr. Fogerty would like to come back on July 22 now that he has all the pieces together, and he would also like to speak with Attorney Casserly to talk about tax increment financing. Darcy Erickson , City Attorney, asked that before any action is taken on this item that Council amend the minutes of June 10, 2013, reflect that this item was continued and not tabled. MOTION by Councilmember Bolkcom to reconsider the minutes of June 10, 2013. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to make the following changes to the June 10 minutes: Page 2, item number 2, last sentence to read Tabled Continued May 6, 2013 Page 3, third sentence should read Tabled Continued until June 24, 2013 Page 3, item 3, should read Tabled Continued until June 24, 2013 FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 2013 PAGE 13 Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE MINUTES WERE APPROVED AS AMENDED. Councilmember Bolkcom commented that this resolution seems to keep moving along to nowhere. William Fogerty, Owner of Columbia Arena, said he did not realize how many things would come up on this piece of property from the survey to the engineering fees with staff. He cannot go to Step 2 until Step 1 is complete. Now he has all the pieces together. So many things have come up. Staff has been excellent in working with him. Now he has all this data but has not had the time to do anything. He is also thinking he cannot do this without tax increment. Mr. Hickok said now he is able to concentrate on the extraordinary expenses. A lot of pieces have been put together that did not have anything to do with the extraordinary expenses. Councilmember Bolkcom asked about the resolution for the final plat and if that had to be done before requesting TIF money. Mr. Hickok replied that ideally, the tax increment would have been talked about months ago. Mr. Fogerty said the survey was not found in the City’s records. He had to go to the State to get the survey. He wondered how he could get something approved that the City didn’t have. Everything has to be done by September 9. He would like to meet next Tuesday about the tax increment financing and then bring back requests through the committee. He now has all the documentation which he did not have until the easements were approved. Mr. Hickok said tonight Council was to approve the plat, vacate some easements and apply others. Now with the extension and tax increment request; he is asking for an extension. He does recognize that everything has to be in place by September 9. CouncilmemberSaefke asked if approving or continuing this item tonight would have anything to do with tax increment financing. Mr. Fogerty replied if the split is done prior to forming the tax increment district, two lots would be eliminated from the district. Councilmember Bolkcom asked what date this should be continued to. CouncilmemberSaefke asked what would happen if the TIF does not get approved. Would September 9 be the drop-dead date? Mr. Hickok replied everyone would benefit to stick with September 9 to give as much time as possible to get things done. There is a lot of work to get accomplished between now and July 22. FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 2013 PAGE 14 Councilmember Bolkcom asked if this should be placed on the August agenda just in case something came up that needed attention. Mr. Hickok said if this were placed on the agenda anytime before September 9, Council would just be continuing the item again. Councilmember Bolkcom asked what would happen if everything is not ready by September 9. Attorney Erickson replied that Council would vote or the applicant could withdraw. MOTION by Councilmember Saefke to Continue the Resolution Approving a Final Plat, P.S. #12-01, for William Fogerty, Owner of the Columbia Arena Property, Located at 7011 University Avenue N.E. (Ward 1) to September 9, 2013. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12.Resolution to Vacate a Public Road Easement, Two Sanitary Sewer Easements and a Water Main Easement for the Property Generally Located at 7011 University Avenue, Petitioned by the Property Owner, William Fogerty, and Petitioner Carlson McCain (Vacation Request, SAV #13-01) (Ward 1). MOTION by Councilmember Saefke to continue the Resolution to Vacate a Public Road Easement, Two Sanitary Sewer Easements and a Water Main Easement for the Property Generally Located at 701 1University Avenue, Petitioned by the Property Owner, William Fogerty, and Petitioner Carlson McCain (Vacation Request, SAV #13-01) (Ward 1) to September 9, 2013. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 13.First Reading of an Ordinance Under Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof Generally nd Located at the Corner of 52 Avenue and Taylor Street N.E. (Ward 1). MOTION by Councilmember Saefke to approve the First Reading of an Ordinance under Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing nd the Sale Thereof Generally Located at the Corner of 52 Avenue and Taylor Street N.E. (Ward 1). Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JUNE 24, 2013 PAGE 15 14.Informal Status Reports. Darin Nelson, Finance Director, said the City Liquor Store, attached to Cub Foods, has some flood damage and is temporarily shut down. Please visit the City Liquor Store on Highway 65 just north of Moore Lake while they are repairing the damage. The repairs should be complete by Thursday afternoon. Councilmember Barnette announced the Fridley All School Reunion will be held on Saturday from 6:00 to 11:00 p.m. All Fridley graduates, teachers and coaches are invited to attend. Wally Wysopal , City Manager, thanked Council and staff for welcoming him this week. He has enjoyed his first week working for the City of Fridley. 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 9:43 P.M. Respectfully Submitted, Krista Peterson Scott J. Lund Recording Secretary Mayor