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CCM 12/09/2013 CITY COUNCIL MEETING CITY OF FRIDLEY DECEMBER 9, 2013 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:00 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: Wally Wysopal, City Manager Darcy Erickson, City Attorney Scott Hickok, Community Development Director Darin Nelson, Finance Director Jim Kosluchar, Public Works Director PRESENTATION: Certificate of Appreciation in Honor of Dewey Bangen for his 17 Years of Service to Fridley’s Safety Camp. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1.First Reading of an Ordinance Amending Fridley City Code, Chapter 514, Private Property Snow and Ice Removal. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 2.Resolution Adopting Anoka County Multi-Jurisdictional Hazard Mitigation Plan and Authorizing Execution of Plan. APPROVED RESOLUTION NO. 2013-72. 3.Resolution Approving the 2013 Gifts, Donations and Sponsorships to the City of Fridley. APPROVED RESOLUTION NO. 2013-73. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 9, 2013 PAGE 2 4.Resolution Approving Recycling Service Fees. APPROVED RESOLUTION NO. 2013-74. 5.Approve Change Order No. 4 for the 2012 Street Rehabilitation Project No. ST2012-01. APPROVED. 6.Approve a License Agreement between the City of Fridley and the County of Anoka for the Installation of Two Dynamic Speed Signs on Mississippi Street (Ward 1). THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 7.Claims (161955 - 162101). APPROVED. 8.Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 9.Estimates. APPROVED THE FOLLOWING ESTIMATES: Ron Kassa Construction 6005 East 250Street th Elko, MN 55020 2013 Miscellaneous Concrete Project No. 429 FINAL ESTIMATE ........................................................................... $17,341.61 Midwest Asphalt 5929 Baker Road, Suite 420 Hopkins, MN 55345 2012 Street Rehabilitation Project No. ST2012-01 FINAL ESTIMATE ............................................................................ $29,199.55 APPROVAL OF CONSENT AGENDA: Councilmember Bolkcom asked for Item Nos. 1 and 6 to be removed from the Consent Agenda. MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of Item Nos. 1 and 6. Seconded by Councilmember Varichak. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 9, 2013 PAGE 3 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 Nos. 1 and 6. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: No one from the audience spoke. PUBLIC HEARING: 10.Consideration of a Rezoning Request, ZOA #13-02, by the City of Fridley, to Consider Rezoning Property, Legally described as Auditor Subdivision 39, from C-2, General Business, to M-2, Heavy Industrial, Generally Located at 3720 East River Road N.E. (Ward 3) (Continued December 2, 2013) MOTION by Councilmember Bolkcom to continue the Public Hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:15 P.M. ‐ Scott Hickok , Community Development Director, stated City staff is proposing to rezone the property from C2, General Business. The combined lots include 2.31 acres of land, and the existing building is 10,708 sq. ft. in size and in poor condition, as is the parking lot. The surrounding uses are all heavy industrial. Mr. Hickok stated that the site’s zoning was originally M-2 to match surrounding zoning. The first use on the site was in 1949 as a City liquor store, so the site became zoned Public. In 1970, a restaurant was added and the liquor store closed, but rezoning commercial use to C-2 did not occur until 1975. Different restaurants serving liquor came and failed after the commercial rezoning, the last one being Baggan’s Pub. Mr. Hickok stated the C-2 zoning was spot zoning and failed in part because commercial uses need the synergy of neighboring commercial sites to succeed. This site with lots combined meets the minimum lot size standards for M-2 zoning, which would allow most of the zoning uses the owner has had inquiries about. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 9, 2013 PAGE 4 Mr. Hickok stated the Planning Commission held a public hearing on November 20, and recommended approval of the rezoning unanimously. The owner submitted a letter of objection and the City of Minneapolis staff appeared concerned about what use industrial zoning would bring. Staff has not received any telephone or written comments from surrounding properties since the Commission or Council hearing. Staff believes the current C-2 zoning is not appropriate for this site; M-2 zoning is a better fit for this site and will lead to the sit being sold to a long-term, successful user. Councilmember Bolkcom recalled that there were buyers interested in the site, and wondered if some of those types of uses would not fit into the M-2 zoning without a special use permit. Mr. Hickok replied that is correct. Retail would be included in M-2 as a component that is permitted. The highest invested use would be the industrial component, and if retail is desired, that would work with M2 zoning. Councilmember Bolkcom asked what kind of use would not fit into the new zoning. She thought waiting six months made sense to have time to work this out. Staff wants to be friendly to businesses and this has been a problem for the City’s Police Department. In the past, businesses serving intoxicating beverages have caused problems and it is in the most southern part of city limits. The building is in terrible shape, and this summer staff was called regarding code enforcement issues. Wyatt Partridge , Attorney Representing Prime Security Bank, replied the problem with the bank in lining up a buyer for this property is the uncertainty about what the status of the property is and the future uncertainty of the zoning status. This is two parcels with a total of 2.3 acres. The bank understands the City zoning smaller parcel is one acre and is outside of industrial use. The property is zoned for use that does not allow for building for an individual parcel and can create a situation that the future buyer will not be able to use the property for the intention they had when they bought it. Buyers that expressed interest in this property have been primarily retail establishments; a few restaurants with no intention of needing a liquor license. Prime Security Bank is willing to have a mutual agreement to sell the property as commercial zoning without the idea that there will be liquor on the property. Another concern Prime Security Bank has with rezoning the property is the idea that any buyer who purchases this property now, any kind of retail zoning will require the new buyer to obtain a special use permit. We know there is problem with the title and there would be additional expense to operate a retail business in the industrial use setting. Industrial use on this site would stall efforts to putting a contributing tax paying owner occupied building on that property. Jay Larson, Vice President Prime Security Bank, said this has been a bank owned property for many years. A purchase agreement was received from a funeral home that expired in May of this year. Some interested parties include a used car lot, funeral homes, restaurant not requiring a liquor license, several restaurants and bars (explained to those interested parties that is not an interest the City wants to pursue), U-Haul and storage, office companies, apartment condo investor, sign company, Aveda Retail Salon, and a cabinet retail shop. Out of all those interested parties, no solid use buyers have come forward with an offer. The main reason is that the cost estimated tax value is $965,000. An appraisal was received on this property a year ago and the FRIDLEY CITY COUNCIL MEETING OF DECEMBER 9, 2013 PAGE 5 appraisal was $600,000. Taxes are $40,000 and that scares away a lot of industrial use. The best buyer and most likely to handle the tax burden is a retail or commercial tenant. If a warehouse or industrial use is built on site it would not generate enough income to have that kind of a tax basis. If the property is rezoned we would have to look at how the property is valued. We have not gone back to the City to challenge the value of the building even though it will not sell for $965,000. We want to keep it the way it is so the people are able to come and buy it. Aveda and funeral homes are not interested in going to city for a special use permit because there are other properties out there for sale and it takes time to apply for permits. Councilmember Bolkcom asked if the property could be marketed in the next six months. She asked if six months was realistic. The bank has had this property since 2010; almost four years. Mr. Larson said they started marketing this property in June of this year. The funeral home was a good buyer, they had money into the purchase agreement that they lost when they did not make good on the purchase agreement. When that contract expired, the bank decided to go into a different direction. A new realtor team has been chosen that will be more suitable to finding buyers for this property. Councilmember Bolkcom asked what is holding funeral homes back from purchasing this property. Is it because everything would not fit under the M-2 zoning without a special use permit? Mr. Hickok replied that some of these are uses that would be permitted and some would not. Funeral homes are okay in C-2 zoning, but if they have any sort of cremation they would need a special use permit. The outdoor used car lot fits in C-2 zoning with a special use permit. A restaurant, office and sign company would also be permitted. He would need to know more about Aveda because if there is a school with retail it would be a nice fit. The cabinet making if it is only retail would be C-2, but if it included assembly, the zoning would need to be M-2. Councilmember Bolkcom said that rezoning may not be needed if a buyer comes forward in the next six months. This has been sitting here a long time. She asked for explanation about the two parcels and concern with zoning and one parcel being smaller. Mr. Hickok replied that there are two parcels, but they have always functioned as one parcel. The parcels can be combined and it is not a lengthy process. Paperwork is filled out and the County will assign one pin number. The only thing is the County will not allow a second access point to the property so that may be an issue. Time has proven that the retail use on this site has not been successful--38 years of attempts and no success. A used car lot may experience criminal activity given the history on this site. The City has had a great numbers of incidents of crimes to vehicles on open major roadways. There is a petition in right now to reconsider the $965,000 assessed value. The land value tax rate is the same if the property is industrial or commercial. Councilmember Bolkcom thought this was a great place for a funeral home. She agreed to let them market this property in the next six months and leave the current zoning. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 9, 2013 PAGE 6 Mr. Partridge said that there is value in seeing what a different type of businesses can do. He agreed with Councilmember Bolkcom that traffic is predominately bars and restaurants. Prime Security Bank has had a difficult time finding a buyer for this property. Councilmember Bolkcom encouraged buyers to work with City staff to look at all different uses and if it makes sense to rezone it. Mr. Larson said Julie Jones said there were a number of interested buyers with industrial use. They would like their contact information and are open for any feedback. Who is best person to communicate with? Mr. Hickok replied that they should contact him. Mayor Lund thought the best thing would be to leave the zoning as it is, for more commercial rather than industrial use because a number interested parties would need a special use permit regardless. The goal is to get something built that will be successful. The City does not want to see rundown buildings and wants to sell it to put a business in there. There is a petition in place regarding the tax value and that was the appropriate thing to do. The parcels can be combined which will likely happen. Staff recognizes there is a lot of industrial use there, and the appropriate time to market this is now as it has been sitting there for years. The City does not want to make this tough to sell. The realtor advised to keep the zoning as it is and it can be rezoned in the future. He asked if it is ok to keep the zoning status. Darcy Erickson , City Attorney, replied Council is under no legal obligation to correct the zoning. The zoning was done almost 40 years ago. Councilmember Bolkcom asked if action needed to take place after the public hearing. Mr. Hickok replied no, City staff is the petitioner in this case. Mayor Lund asked if Council should close the public hearing and continue it for six months. Attorney Erickson suggested closing the public hearing and continuing the matter to a certain date. Mr. Hickok thought it made sense to come back the first meeting in July to revisit this item, or July 14. Wally Wysopal , City Manager, asked if it were possible for a business to go into this location with the current zoning and request a liquor license. Mr. Hickok replied yes; C2 allows a spectrum of restaurant licenses. It is up to Council if they would allow it. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Saefke. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 9, 2013 PAGE 7 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:52 P.M. MOTION by Councilmember Saefke to continue this hearing to July 14, 2014. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CONTINUED TO JULY 14, 2014. OLD BUSINESS: 11.Approve 30-day Extension request for Final Plat Approval, PS #12-01, and Vacation Request, SAV #13-02, by Carlson McCain on Behalf of William Fogerty, for the Property Generally Located at 7011 University Avenue NE (Ward 1). Scott Hickok, Community Development Director, stated this project has reached the point of final plat but some easement work needed to be done. Two things needed to be done; the final plat and vacation of some easements and reapplying of other easements. A number of circumstances have occurred that has caused them to ask for an extension. In our ordinance under subdivision law it does require within a certain period of time that the final plat needs to be filed. This is a situation where time has run out due to a health situation. Staff is asking for an extension in order to spend time with the petitioner so the good work that has been done is not lost. Staff recommends a 30-day extension to spend time with the petitioner to help them decide which way to go. MOTION by Councilmember Saefketo approve the 30-day Extension request for Final Plat Approval, PS #12-01, and Vacation Request, SAV #13-02, by Carlson McCain on Behalf of William Fogerty, for the Property Generally Located at 7011 University Avenue NE (Ward 1) to January 27, 2014. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Saefke asked if this was the final resolution. Mr. Hickok would know for sure after they meet with the owners of property. 12.Resolution Certifying Final Tax Levy Requirements for 2014 to the County of Anoka Darin Nelson , Finance Director, said the proposed final levy equals $11,511,288, or 2.3% more than the 2013 levy. This proposed final levy complies with the City Charter requirements regarding inflationary increases and public disclosure, and is the same amount that was presented at last week’s Council meeting. On a property assessed at $150,000, the City taxes would go from $614 in 2013 to $630 in 2014. The following is the details of the final tax levy: FRIDLEY CITY COUNCIL MEETING OF DECEMBER 9, 2013 PAGE 8 GENERAL FUND General Fund $ 10,053,992 CAPITAL PROJECT FUND Capital Equipment Fund $ 175,000 MARKET VALUE BASED REFERENDUM LEVY Springbrook Nature Center $ 339,300 BONDED INDEBTEDNESS 2005A GO Improvement Bonds (Streets 2005) $ 169,360 2006A GO Improvement Bonds (Streets 2006) $ 202,900 2007A GO Improvement Bonds (Streets 2007) $ 187,500 2008A GO Improvement Bonds (Streets 2008) $ 147,636 $ 707,396 CERTIFICATES OF INDEBTEDNESS 2010B GO Equipment Certificates (Equip 10&11) $ 74,183 2012A GO Equipment Certificates (Equip 12&13) $ 161,417 $ 235,600 TOTAL ALL FUNDS $ 11,511,288 Mr. Nelson stated staff recommends Council’s approval. This resolution must be adopted prior to adopting the final budget. MOTION by Councilmember Saefke to adopt Resolution No. 2013-75. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13.Resolution Adopting a Budget for the Year 2014 and a Revised Budget for the Year 2013. Darin Nelson , Finance Director, stated the City held its required public meeting at the December 2 Council meeting. During this meeting, staff presented the proposed budget for 2014 along with a revised budget for 2013. At the conclusion of the budget presentation, the Mayor opened the meeting for public comment. There were no suggested modifications to the budget at that time, nor have there been any further modifications since. Mr. Nelson said the certification of the final budget must be to the County Auditor by December 30. The City has complied with appropriate sections of the City Charter that require certain formats and information be contained within the budget document. This resolution will finalize the budget process. Mr. Nelson stated the final 2014 budget document can be obtained at the following locations once the final budget documents are prepared; Anoka County Library, City Hall Finance Department, and the City’s website. The City Manager’s transmittal letter will also be on the FRIDLEY CITY COUNCIL MEETING OF DECEMBER 9, 2013 PAGE 9 City’s website. If anyone has any additional questions that relate to the 2014 budget, please contact Darin Nelson, Finance Director, at 763-572-3520. MOTION by Councilmember Saefke to adopt Resolution No. 2013-76. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14.Resolution Adopting Assessment for the Removal of the Public Nuisance Building (Former Citgo Station) at 6101 University Avenue N.E. (Ward 1) Scott Hickok , Community Development Director, stated the former CITGO Station at 6101 University Avenue has been the subject of scrutiny for several years. Closed for business in 2006, the site has been vandalized, spray painted with tagging, had debris dumped, had a person living in the storage shed, and had its dumpster enclosure damaged. Weeds and overgrown plant materials requiring pruning caused safety concerns for pedestrians, as well as motorists, navigating around the edge of the site. The Fridley HRA had removed 11 buildings south of the CITGO station. This appraisal was too high. Because this site was potentially contaminated, the City applied for a brownfield clean-up grant through Metropolitan Council. For the application, the City was required to prepare a Phase I, Phase II, and Response Action Plan. The site tested out well. It had a relatively clean sub-surface; however, the tanks remained in the ground. Mr. Hickok stated with the grant application arena very competitive, the City was not awarded a score high enough to receive the grant to allow purchase of the site. With no business operating on the site, a property ownership group in Florida, and a building that may make re-use of the site difficult, the City braced for what could be numerous added enforcement calls, police calls and unsightliness. Those calls came, the predications rang true, and the site became a public nuisance. The owners were sincere about both wanting to address the nuisance issues and eventually develop the site. A provision in the state law allows a nuisance to be eliminated by a jurisdiction and be assessed to the property owners with a 10-year pay back. We discussed this provision of the law and the option of proceeding in this manner. It would require their agreeing to waive their objection to the assessment. A signed Waiver of Assessment Appeal document was forwarded to the City today. Mr. Hickok stated the demolition contractor was scheduled to start the second week of December, provided that the Council approved this assessment. Staff received a Certificate of Insurance naming the City, Liesch and Assoc. and MDW Equity, LLC. Tomorrow, staff will verify the contractor is listing all 4 entities as insured, rather than simply naming them for notification purposes. Mr. Hickok said staff recommends that Council approve the assessment and certify it to the tax rolls at Anoka County for the property at 6101 University Avenue, conditioned upon proof that the four entities are insured by the demolition contractor’s policy; and authorizing the City Manager and Mayor to sign the Waiver of Assessment Appeal document upon proof of the Contractor insuring the four entities (Liesch and Associates, the City, MDW Equity, LLC, and FRIDLEY CITY COUNCIL MEETING OF DECEMBER 9, 2013 PAGE 10 the demolition contractor firm itself); and finally, authorizing the Mayor and City Clerk to sign the resolution once the assessment agreement has been signed. MOTION by Councilmember Saefke to move into record the Waiver of Assessment Appeal document. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Saefke to adopt Resolution No. 2013-77. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mayor Lund to authorize the City Manager and Mayor to sign the Waiver of Assessment Appeal document upon proof of the Contractor insuring the 4 entities (Liesch and Associates, the City, MDW Equity, LLC, and the demolition contractor firm itself); and authorizing the Mayor and City Clerk to sign the resolution once the assessment agreement has been signed. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15.Resolution Providing for Water, Sewer, and Storm Water Utility Rate Changes. Darin Nelson , Finance Director, stated two years ago, staff developed 20-year projections to aid in forecasting what future rate increases are needed to sustain operations and capital outlay for all three of the utility enterprise funds (Water, Sewer, and Storm Water). The conclusion of those projections was that if the City held the course of continuing to issue debt for routine capital outlay, eventually the debt service payments would become the driver of the rates rather than the actual operational costs. Mr. Nelson said staff presented a multi-year plan to increase rates in order to reach both short- and long-term goals. Short-term goals were to maintain sufficient cash balances to maintain operations and provide for debt service obligations and build cash balances to cover routine capital outlay. Long-term goals were to obtain financial sustainability, debt elimination other than large nonrecurring items, and create low to moderate rate increases. Assumptions and rates have not changed since August and October budget work sessions. Staff recommends continuing with the third year of the multi-year plan to stabilize utility fund balances. Water – 8% or $12.78 per year for the average household Sewer – 5% or $17.48 per year for the average household Storm Water – 4% or .76 per year for a residential property FRIDLEY CITY COUNCIL MEETING OF DECEMBER 9, 2013 PAGE 11 Mr. Nelson said as of today, staff is anticipating utility rate increases for 2015 to moderate to something closer to inflationary increases. In addition to the rate changes, staff is also recommending that we formalize our process for the purchases of oversized water meters. Staff is recommending that water users requesting meters sizes of 1 1/2” or larger be responsible for the associated meter costs. Meters of this size are normally non-residential meters and typically serve the highest water users. The routine of users purchasing the highest volume meters has been the practice over the years, but no formal guideline or policy has been in place. Staff believes it is prudent to establish this formal guideline as oversized meters continue to age. This would affect only meters of 1 ½” or larger. Normal ¾” residential meters are replaced at the City’s cost unless there is negligence by the resident. MOTION by Councilmember Saefke to adopt Resolution 2013-78. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 1.First Reading of an Ordinance Amending Fridley City Code, Chapter 514, Private Property Snow and Ice Removal. Councilmember Bolkcom asked on page 3 where it says Director of Public Works if “or designee” could be added. She also asked why the City would tell some they could remove their own snow and give them 48 hours to do so but there are circumstances if you do not remove the snow. Jim Kosluchar , Public Works Director, said he would be fine with adding “or designee.” As far as storage service it would have to be in severe snow emergencies. Private properties have a problem with storing snow and sometimes they need time to haul out the snow. Councilmember Bolkcom asked if they could plow the snow into the street. Mr. Kosluchar replied no; they need to store snow until it can be removed, which would be okay for 48 hours after the snowfall. Councilmember Bolkcom asked what 514.04 number 2 in red meant. Mr. Kosluchar said that relates to Maintenance Chapter 110 that sites hazardous condition nuisance but it does not specifically reference snow and ice. Staff thought it should include a citation with snow and ice to address it directly and give the property owner some time to deal with that after a snowfall. Councilmember Bolkcom asked if a property owner cleared the sidewalk and then the County came back and blew snow back, would that person need to shovel again. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 9, 2013 PAGE 12 Mr. Kosluchar replied that the practice is if someone has that issue, to contact the City and they will clear the snow. If a person sees it they should remove it if it will be a hazard for someone crossing. Conditions become icy. People can contact the City first. Councilmember Bolkcom asked if a person lives near a walkway and they clean it up and it becomes icy, is there a liability to the homeowner. Mr. Kosluchar replied this makes it clear that it is the responsibility of the homeowner. This is clearer that we share the responsibility. The City will plow certain walkways and the property owners maintain the area free of hazards. We need public assistance on some situations and this addresses them as hazard. If trails are not plowed, it is not considered a hazard. Councilmember Bolkcom thought the ordinance makes sense but wondered how we get the word out to residents this is happening. Mr. Kosluchar replied staff can get mailers out to the addresses affected by this. Most will be commercial properties. Councilmember Bolkcom asked if this will affect bus stops. Mr. Kosluchar replied no; those are voluntary programs and Metro Transit refers to the City as a partner. The City does clearing of snow from bus stops under this informal arrangement. Councilmember Bolkcom asked in #2 if it says they are responsible now. Mr. Kosluchar replied no. They are not the primary party to maintain bus stops. Councilmember Bolkcom asked what the letter to residents would say. The first thing they should do is call the City or clear it themselves. Mr. Kosluchar replied they should contact the City for information. This is not a new requirement, it has just been clarified. Councilmember Bolkcom said the policy is not new but now the City is enforcing it. Mr. Kosluchar replied it is specifically talking about snowfall events. rdth Councilmember Varichak asked for clarification in 514.05 regarding offenses 3 and 4 within six months of any prior offense. Is this just related to snow? Mr. Kosluchar replied it is specific to this chapter. Darcy Erickson , City Attorney, confirmed it is specific to snow and ice violations. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 9, 2013 PAGE 13 Councilmember Bolkcom gave an example that in January 2014 someone did not clean the sidewalk and in December 2014 it is $50, because it is within a year, or would it go back to a warning? Attorney Erickson said it talks about each snow season. Councilmember Bolkcom asked what a snow season is. Mayor Lund asked if it would be for offenses in that specific season. Attorney Erickson thought the language should reflect the third and fourth offense to the “season.” Mayor Lund noted it also says per occurrence set forth in Section 901. He asked what Section 901 said. Attorney Erickson answered Section 901 deals with the misdemeanor offenses in City Code. Mayor Lund asked if there was an option regarding how this could be enforced. Attorney Erickson replied yes. 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. 6.Approve a License Agreement between the City of Fridley and the County of Anoka for the Installation of Two Dynamic Speed Signs on Mississippi Street (Ward 1). Councilmember Bolkcom asked if this is to approve the signs or the location of the signs. Jim Kosluchar, Public Works Director, replied staff is trying to get an easement on private property for the dynamic speed signs on Mississippi Street. One resident agreed and then decided against it. Staff went back to the County and requested placement in their right-of-way. They originally wanted it on an easement and agreed to this but it resides at their discretion. If they want it moved; the City has to move it. Councilmember Barnette said when school is let out at Hayes Elementary, cars cannot go in front of school to pick up children, so they park along Mississippi Street. He asked if there was anything that could be done with regard to the parking on the street. The time is short, 15 to 30 minutes, but it is dangerous at times. Don Abbott , Director of Public Safety, said to enforce the issue as a county road, they would have to sign as “no parking.” Parking is allowed on the right traffic lane along Mississippi FRIDLEY CITY COUNCIL MEETING OF DECEMBER 9, 2013 PAGE 14 Street. The only other option would be to talk to the school to see if anything can be done. They do protect the busses by not allowing traffic in. His department can take a look at it. Councilmember Barnette said he hears complaints from neighbors. He does not want “no parking” signs installed, but this is a safety issue. Councilmember Bolkcom asked if this sign is portable. Mr. Kosluchar said no, these signs are affixed and it is not something someone can walk off with. Councilmember Bolkcom asked if the signs would collect data. Mr. Kosluchar answered yes. He was not sure about photo capabilities. Councilmember Bolkcom asked if information can be collected on a regular basis. Mr. Kosluchar replied yes; the sign has wireless capability. Staff logs in to download data. MOTION by Councilmember Bolkcom to approve a License Agreement between the City of Fridley and the County of Anoka for the Installation of Two Dynamic Speed Signs on Mississippi Street (Ward 1). Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 16. Informal Status Reports Scott Hickok, Community Development Director, thanked Darcy Erickson for her help with the Citgo Property. She was very instrumental with creating documents. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:50 P.M. Respectfully Submitted, Krista Peterson Scott J. Lund Recording Secretary Mayor