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CCM 09/14/2015 CITY COUNCIL MEETING CITY OF FRIDLEY SEPTEMBER 14, 2015 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:05 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember Barnette Councilmember Varichak Councilmember Saefke Councilmember Bolkcom OTHERS PRESENT: Wally Wysopal, City Manager Darcy Erickson, City Attorney Scott Hickok, Community Development Director James Kosluchar, Public Works Director Max Cowger, Recycling Intern Klaus Steinke, on behalf of Amna Kiran, Owner of Kitty's Korner PROCLAMATIONS: Chiari Malformation Day: September 19, 2015 Constitution Week: September 17-23, 2015 PRESENTATION: Max Cowger , Recycling Intern, stated one of the major parts of his internship was researching apartment recycling; and this presentation outlines his findings. Mr. Cowger said Anoka County sets a goal for recycled pounds per person, per year at 175 pounds for people who are living in 5 units and up. Fridley is less than one-quarter of reaching that goal right now. His research was to find ways to improve that number, and try to find out what are the specific problems are, etc. He said recycling at apartments is inconvenient. It is not as easy and convenient as when you are living in a single-family home and it is right there in your garage. Mr. Cowger stated the first step in his research was inspecting all of the apartment sites, 4 units and up. That included 25 sites with 13+ units and all the 4 through 12 units. They were separated because 12 and under are covered by a contract through Republic, and they are serviced by them. The 2-3 units were acting more like a single-family home. It is more convenient for them. The goal was to inspect all those properties that are 4 units and up. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 2 Mr. Cowger stated all the inspections were done at least four days after service. Pick-up is normally every two weeks. Inspections were just going and checking every container that was either garbage or recycling and seeing what the problems were. Mr. Cowger stated a major problem was recycling contamination. Either residents were uneducated or unwilling to recycle, and things that were not recyclable were ending up in the recycling. That is a problem, as it will not get picked up. Mr. Cowger stated something a little different in the inspections prior is organic materials. That might be a result from some mixed messages from surrounding cities starting organic recycling programs. That was kind of a new finding for staff. Another problem is there was a lot of recycling in the garbage. He presented a slide showing a bag of garbage within which almost 95 percent of it was recyclable. Mr. Cowger stated another thing he paid specific attention to was convenience. Was the recycling as easy to access as the garbage was? He presented some slides. One photo showed the garbage dumpster being much more convenient. A lot of times everything is going to just go into the garbage dumpster that is right there. Mr. Cowger stated another problem was there were not enough carts to service the amount of people. For 4 to 12 unit apartments, it was 1 cart per 3.35 units, which that could be up to 10 people, and that is being picked up every two weeks. Ten people using one cart for two weeks is not suitable. Mr. Cowger stated as to labeling and signage, he also paid attention to what they were using for signage, if they are using anything at all. He presented a slide showing a Republic sticker used on their carts which in his estimation lasts less than three months. It no longer serves a purpose after shortly being put on there. For a kid, whose common chore is to take out the garbage and recycling, they are not going to know which is garbage and which is recycling because of poor labeling. Mr. Cowger stated another issue is cardboard. When it was being recycled, it was clogging up the carts. More commonly it was not being recycled. Mr. Cowger stated the next step in his research was getting in contact with the managers or owners and seeing what they experience at their properties—what they are seeing, what they are experiencing and complaints, etc. from residents. More often than not, they were saying negative things. Contaminated recycling was the No. 1 thing they were talking about. Obviously that was brought to the forefront when the recycling was not being picked up because it was contaminated. Mr. Cowger stated as a result of telephone surveys, they met with managers representing about 3,500 residents in the City. They brought in some Anoka County representatives as well. Also, the City of Anoka had a representative at the meeting, because they are dealing with some similar things as far as recycling. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 3 Mr. Cowger said at the meeting, the managers shared similar experiences—mostly negative. Some managers had good ideas about how to solve the problems. They discussed what worked and what failed. One finding staff discovered was that the two managers who were satisfied with what was going on at their property had cameras that recorded the activity that happened at their dumpsters. Mr. Cowger stated as a result of his research, he found there is a need for education. Residents are uneducated and some of them are willing to recycle. City staff wants to get the word out to them, how to recycle and what is recyclable. The first step is to start with kids who are often given the chore of taking out the garbage and recycling. There is some inconsistency with the recycling practices with the schools within the area. Some of them do not practice it at all. If a kid does not have the option to recycle at school, he comes home and continues that habit. This is something they want to get the schools to promote. Mr. Cowger said they also have some new resources from Anoka County. He has been disbursing recycling totes throughout the summer. They just make it easier for apartments to recycle within the apartment. Residents can separate the garbage and recyclables under their sink. They also had some magnets that showed people who want to know, what is good for recycling. The internet is also a great way to get the word out and also for resources. They want to put an apartment page on the recycling page of the City’s website. It would be a page for managers to go on and find out what it has to offer, and also encourage residents to go there. Mr. Cowger stated one of the City's resources which they generated at Fridley is a recycling magnet which can be used on a dumpster. It can also be downsized and used as a sticker on a cart. Staff generated the magnet from his findings. It contains pictures of specific things, such as cardboard, which was one item that was problematic or not being recycled. The magnet contains pictures because of the diverse population of Fridley. Rather than doing signs in multiple languages, they wanted to get big pictures in front of residents to show what is good for recycling. Also, staff wants to pair the recycling magnet with the garbage only magnet. The Recycling Association of Minnesota recommended signage because it actually helps to get people thinking before they throw out everything. He presented the large magnet they created that could be used on a dumpster. Mr. Cowger stated they do need management on board. They are really important in this issue. After the first meeting, management came up and said they want to meet more. They want to interact with the City more. The City wants to organize some quarterly meetings with them to just get up-to-date with how things are working, share more ideas, and get more people involved, maybe include a different department—such as the Police Department and the Fire Department. It is something they can create and organize and would be a good way to get the apartment managers or owners to interact with the City and use the City as an outlet. Mr. Cowger stated there is also a financial benefit to recycling, and staff wants to communicate that as well. They are running a business, and they want to save money. That is something they are going to pay specific attention to. There is tax on solid waste; there is not on recycling. Staff wants to make sure the apartment managers know that. That is an incentive for the management to start making improvements. All these properties could have their caretakers getting involved FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 4 as well. They have the regular things they have to do, such as including the recycling, removing contamination, cleaning it free of litter, and making sure everything is convenient. Mr. Cowger stated contamination and participation is a problem. They want to mix the education with some enforcement. There is the camera use for recording dumpster activity. That is going to help people who are not willing to recycle or do not really care. They have to start paying attention to it. A fine system is being used by some apartment managers, and they are seeing positive results. Mr. Cowger stated, finally, staff knows this issue cannot be solved with one program for everybody. They must promote a switch to the dumpsters which can hold cardboard better and hold all recycling much better. Six or seven properties have dumpsters right now, and they like them. As to those who cannot get them, City staff can try and provide them with a downsized version of the sticker that basically shows the big image and would be a step up from what they use now, and it will withstand the weather as well. Mr. Cowger stated the City is having a recycling drop-off day on October 3 from 9 a.m. to 1 p.m., and they are now taking the smaller passenger vehicle tires. Councilmember Bolkcom asked how much the cameras for the dumpsters were. Mr. Cowger replied, one property is River Road East. He said he thought the manager got his cameras for $150 at Menards. Anoka County said they can work to subsidize that price for some of the places that cannot afford that. Mr. Cowger believed the manager stated he was saving something like $1,500 a month from improving recycling. Other apartments are already considering that same route. Councilmember Bolkcom asked if big complexes also had to recycle. No one is exempt from it, right? Mr. Cowger replied, yes. Under the State Statute the opportunity to recycle is covered. It is the County's responsibility but then they hand it down to cities to make sure they promote it. Councilmember Bolkcom asked, it is 175 vs. 190, and why is the number less just because you live in an apartment complex? Mr. Cowger replied it is a lot more inconvenient to recycle. For example, say you are on the fourth floor of an apartment and the recycling is down in the garages. Councilmember Bolkcom asked, as far as code enforcement, does Mr. Cowger at some point perceive if people are not recycling and not keeping up their end of the bargain, there could be some code enforcement. Mr. Cowger replied, yes, Fridley City Code does say that recycling has to be as convenient to use as the garbage, and most of the time that is the case as to why the property is not doing very well. Also, another problem that can be covered by code enforcement is litter surrounding the area, making it inconvenient to recycle. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 5 Councilmember Saefke said Mr. Cowger mentioned that passenger tires will be accepted on the recycling drop-off day. He asked if tires could still be mounted on the rims? the Mr. Cowger replied, yes. There is scrap metal recycling there as well. Scott Hickok, Community Development Director, stated City staff has been very proud to have Mr. Cowger on their team. He has been a great hardworking resource, and he has built some bridges to the rental properties which the City did not previously have. Wally Wysopal , City Manager, stated if they have not had a chance to see it, they should watch Mr. Cowger and Ms. Qualley's public service announcement which was aired on Community Connection. It is also on the City's website. It is really informative and well done. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of August 24, 2015 APPROVED AS CORRECTED. NEW BUSINESS: 1. Receive the Planning Commission Minutes of August 19, 2015. RECEIVED AS CORRECTED. 2. Special Use Permit Request, SP #15-07, by Kitty's Corner, to Allow an Electronic Changeable Gas Pricing and Message Sign on the Existing Free-Standing Sign, Generally Located at 7298 Highway 65; and Resolution Approving Special Use Permit, SP #15-07 to Repeal and Replace SP #14- 09 for Kitty's Corner, on Behalf of J LLC, the Property Owner of the Property Located at 7298 Highway 65 N.E. (Ward 1). APPROVED SPECIAL USE PERMIT, SP #15-07, BY KITTY’S CORNER. ADOPTED RESOLUTION NO. 2015-40. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 6 3. Special Use Permit Request, SP #15-08, by Wallboard, Inc., to Allow Two (2) Outdoor Storage Areas in the Rear yard of the Property, Generally Located at 5346 Industrial Boulevard; and Resolution Approving Special Use Permit, SP #15-08, for Wallboard, Inc., on Behalf of Patricia Paraschuk, the Property Owner of 5346 Industrial Boulevard N.E. (Ward 3). APPROVED SPECIAL USE PERMIT, SP # 15-08. ADOPTED RESOLUTION NO. 2015-41. 4. Resolution Consenting to the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota, Adopting a 2015 Tax Levy Collectible in 2016. Mr. Wysopal stated this would be at a rate of .0185 percent of the taxable market value. It was reviewed by the HRA at their last meeting and recommended to go forward to City Council. ADOPTED RESOLUTION NO. 2015-42. 5. Motion to Approve the Extension of the Agreement for Legal Services with Carl J. Newquist and Newquist & Kimball Law Offices, P.C., until December 31, 2017. Mr. Wysopal stated this recommendation comes to Council as an extension of the existing agreement. APPROVED. 6. Appointments - City Employees. Mr. Wysopal stated they have a couple of appointments. The first one is the appointment of Beth Kondrick as the Administrative Assistant in the City's Engineering Division. This would become effective on September 28, 2015. Mr. Wysopal stated the City's next one is the appointment of Brian Weierke as Public Safety Director. This would become effective at the end of the business day on September 30. Captain Weierke began his employment with the City of Fridley in the Police Department in 1995. He was a patrol officer and has served in many assignments including school resource officer, a problem response team member, and also a member of the Detective Unit. He has three years’ experience as a sergeant and is currently a captain, in which role he has served since 2004. He is both the field operations captain and also the technical services division captain. APPROVED. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 7 7. Claims (169637 - 169811): Councilmember Bolkcom asked on page 54, what is a "Versalift" for $79,979. James Kosluchar, Director of Public Works, replied that is one of their two boom trucks. It is mainly used for tree trimming but also used for signal maintenance, etc. Versalift is actually the brand. It is a truck. APPROVED. 8. Licenses: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 9. Estimates Ron Kassa Construction 6005 East 250th Street Elko, MN 55020-9447 2015 Miscellaneous Concrete Project No. 473 Estimate No. 1............................................................$ 6,724.10 Kuechle Underground, Inc. P.O. Box 509 Kimball, MN 56302 2015 Street Rehabilitation Project No. ST2015-01 Estimate No. 1............................................................$68,607.96 APPROVED. ADOPTION OF PROPOSED CONSENT AGENDA: Councilmember Saefke referred to the following corrections that should be made in the City Council minutes: (1) Page 9, Paragraph 2, add the word, "stated" after Councilmember Bolkcom. . ."; and (2) Page 9, Paragraph 8, should be the word "asked" and not "sked". Councilmember Saefke referred to the following correction that should be made in the Planning Commission minutes: Page 21, Paragraph 9, should insert the word "be" before the word storing. Councilmember Bolkcom stated on Page 34, relating to Item No. 3, Stipulation No. 2, the word, "existing" should be replaced with the word, "exiting". FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 8 MOTION by Councilmember Barnette approving the proposed consent agenda with the corrections. Seconded by Councilmember Varichak UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: No one from the audience spoke. Councilmember Bolkcom asked Mr. Kosluchar to give a project update for the homeowners who live around Locke Lake. James Kosluchar, Director of Public Works, stated earlier this summer they discussed some plans for a County project where the County was going to fluctuate the lake levels at Locke Lake. Basically, the City owns the dam and controls the dam. The City worked out a method where they could operate the dam within normal parameters to try and minimize the impacts, and that has been done. He believed they just concluded the third week last week. The contractor expected it to take two weeks. They did get an e-mail this afternoon from the consultant project manager who believes that it may be concluding within the next day. His understanding was that the rock riprap was down. They are trying to keep people informed from the City's standpoint. He knows that Councilmember Bolkcom has been helping them out with that. Councilmember Bolkcom asked Mr. Kosluchar if he had any idea how many fish have died. Mr. Kosluchar replied, no, he did not. Councilmember Bolkcom stated it is kind of a mess. Councilmember Saefke asked Mr. Kosluchar if he would make some comments on the CenterPoint Energy patches on the City's newly fixed streets, because there have been several inquiries. Mr. Kosluchar replied, actually the City tried to coordinate its work with CenterPoint earlier this year before the City's work started. Staff contacted CenterPoint and knew they had projects in the area as they had applied for permits. Their permits indicated they would not be in the roadway. He thinks it was a misunderstanding and miscommunication. They did reach out individually beyond that to say, are you sure, before the City started its project. That was about two weeks before the City's start date. CenterPoint confirmed they would not be impacting the pavement. Mr. Kosluchar stated staff of course was surprised that they were indeed impacting the pavement. To conclude, right now where it stands, the City has a confirmation from CenterPoint that there will be notification going to the residents from CenterPoint that basically says they will be repairing the sealcoat areas where they had to remove pavement and patch. That probably will not happen until 2016 because the pavement requires time to cure. Otherwise, the sealcoat FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 9 can strip off more easily. It will be a little rough looking until next year some time, and staff will figure out a timeframe when they can do those repairs. Councilmember Saefke stated he went through the neighborhood yesterday, and he noticed that besides the patches there are tire marks from equipment which were kind of ruining the surface. Are they going to repair that, too? Mr. Kosluchar replied wherever they can identify that they have done damage, they will definitely work with CenterPoint. He is sure they will work with the City on that. They will have some expense to do the repairs that are necessary just to patch areas. There were a lot of roofers in the area as well during that same time period, unfortunately, because of the hailstorm the City had. Staff just wants to make sure that if they are going to have CenterPoint repair anything that they conclude that was their damage. Mayor Lund stated it might be appropriate to take some photos. Councilmember Bolkcom asked if the patching changed the integrity of the original work that was done. She can see as a homeowner thinking, you know, I am getting this assessment, I thought I was going to have this beautiful street; and now next year it will be fixed. Mr. Kosluchar replied, first off, there is no assessment associated with sealcoat work. The City does that as a maintenance item out of its own Street Reserve Fund. As far as the integrity goes, really it is a little difficult to say. The City will keep an eye on it. He does not think it will adversely affect the integrity of the project. It will have to be cut out and inspected. They will have to pay for the cost of the inspection. Mayor Lund stated a few people who live in that neighborhood have already contacted Councilmember Saefke. Councilmember Saefke stated, yes, he has passed some of that information onto Mr. Kosluchar who has already contacted them. Mayor Lund . asked about the person who wrote a Letter to the Editor in the Sun Focus Mr. Kosluchar apologized and said he has been out of the office since last Wednesday. Councilmember Bolkcom asked, why not just a letter to everyone who lives in that area? Mr. Kosluchar replied, CenterPoint will be delivering a letter. Klaus Steinke , on behalf of the owner Amna Kiran of Kitty's Korner, stated the sign itself is not illuminated along the road. He asked if they can have a floodlight that comes down from the top so you can see "Kitty's Korner" when driving down the road at night. Mr. Hickok stated he will meet with Ms. Kiran, and they will work through the lighting issues, but it should not affect the approval before Council tonight. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 10 ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 10. Preliminary Plat Request, PS #15-02, by Arnold Gilbertson, to Replat the Property at 137 Talmadge Way to Increase the Size of the Lot at 181 Talmadge Way (Ward 3). Scott Hickok, Community Development Director,stated Mr. Gilbertson has requested that, since he owns both properties at 137 and 181 Talmadge Way, be able to replat the properties to increase the size of the rear yard for 181 Talmadge Way. He is asking that asked 181 be reconfigured in a way using a portion of the rear yard of 137 to give a nice sized yard to 181. The City requires that lots in an R-1 District be a minimum of 75 feet in width with a minimum total lot area of 9,000 square feet. After the replat, 181 Talmadge Way will be 23,790 square feet and 137 Talmadge Way will be 15,240 square feet. Both of those will be in excess of what is required as the minimum standard. The Planning Commission held a public hear on August 19. After a brief discussion, the Planning Commission approved this item unanimously. Staff recommends Council’s approval. MOTION by Councilmember Bolkcom to approve Preliminary Plat Request, PS #15-02, by Arnold Gilbertson. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. Informal Status Reports. Councilmember Bolkcom asked Mr. Kosluchar to give a summary of the street project meeting. James Kosluchar, Public Works Director, stated there was a meeting last Tuesday on a couple of alternatives for the intersection of Third Street and Horizon Drive. They had about eight people in attendance. The commentary was supportive of a raised intersection from those who were present. Staff encourages people, if they have not filled out a survey, to fill out either an on-line survey or the survey that was mailed to property owners on Third Street. Staff will be presenting a recommendation at the next City Council meeting. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 11 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 8:01 P.M . Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor