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CCM 02/27/2017 CITY COUNCIL MEETING CITY OF FRIDLEY FEBRUARY 27, 2017 ______________________________________________________________________________ The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:06 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: Wally Wysopal, City Manager Darcy Erickson, City Attorney Scott Hickok, Community Development Director Deb Skogen, City Clerk Jon Lennander, Assistant City Engineer PROCLAMATION: A Day of Action to End Domestic Violence APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of February 13, 2017. APPROVED. NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of February 15, 2017. APPROVED. 2. Preliminary Plat Request, PS #17-01, by Allina Health System, to Replat Lot 3 of Block 1, Unity Addition, to Create Three Lots that will Further Define and Legally Describe the Parking Lot Areas, Generally Located at 550 Osborne Road N.E. (Ward 1). APPROVED. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 2017 PAGE 2 3. Approve Change Order No. 4 (Final) for 2015 Street Rehabilitation Project ST2015-01. APPROVED. 4. Claims (175743-175844) APPROVED. 5. License. Wally Wysopal , City Manager, stated this is for a temporary liquor license for the Springbrook Foundation on March 10. APPROVED. ADOPTION OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Bolkcom to adopt the proposed consent agenda. 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. ADOPTION OF 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. PUBLIC HEARING/NEW BUSINESS: 6. Consideration of a Vacation Request, SAV #17-01, by E&T Properties, LL, to Vacate an Unimproved Portion of 77th Avenue NE that Exists Along the North Property Line of 220 - 77th Avenue NE; and Resolution Vacating a Portion of 77th Avenue NE, Generally Located North of 220 - 77th Avenue NE, Petitioner E&T Fridley Property LLC (Ward 3). FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 2017 PAGE 3 MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS OPENED AT 7:11 P.M. Scott Hickok , Community Development Director, stated the petitioner is Tom Ajax on behalf of E&T Fridley Properties LLC. He owns EJ Ajax & Sons and a lot of north 7787 Ranchers Road. They also recently purchased the property at 220 - 77th Avenue NE. He said the land to be vacated is a small portion of the right-of-way. Mr. Hickok stated there was never a completed right-of-way going any distance, and it was only half the width of the roadway. They had an access easement shared by a neighbor which was recently given back to them, so they have full control of this area. They own the property north of this area and just purchased the building to the south. Vacating this piece of land allows them some flexibility and opportunity to move back and forth between their two buildings. Mr. Hickok stated vacating this portion of 77th Avenue right-of-way and merging it with 220 - 77th Avenue NE will help solve long-standing confusion over grounds maintenance in the area as well. The resolution serves to vacate and preserve the easement for utility access. Staff recommends approval as does the Planning Commission. Councilmember Bolkcom asked is the City had heard from any of the surrounding businesses. Mr. Hickok replied just support from Bob's Produce. Councilmember Bolkcom stated there was not a public street there, and if the City is going to maintain that area for the utilities, as far as from the City perspective, it makes sense and it is good. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS CLOSED AT 7:14 P.M. MOTION by Councilmember Bolkcom to adopt Resolution No. 2017-06. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 2017 PAGE 4 NEW BUSINESS: 7. First Reading of an Ordinance Amending Fridley City Charter, Chapter 2, City Council Organization. Deb Skogen, City Clerk, stated Fridley Home Rule Charter is the fundamental law defining the powers the citizens agree to give to the City. The Charter Commission has reviewed Chapter 2 for over a year and presented their report and recommendation to the City Council in January to amend Chapter 2 by ordinance. Ms. Skogen stated Minn. Stat. § 410.12, Subd. 7, does allow for Charter amendments by ordinance upon recommendation of the Charter Commission. It does require a notice of public hearing and publication of the full text amendment at least two weeks prior to the public hearing. The proposed public hearing notice and ordinance were published on January 20, and a public hearing was held on February 13. The proposed amendments are non-substantive and were made to clarify the language, and to make it easier for the public to understand. Ms. Skogen stated the official adoption of the ordinance requires a unanimous vote of the City Council. If the vote is unanimous, the ordinance is published and becomes effective 90 days after publication which is about June 23. As to Section 2 of the Amendment, the language has been rearranged, separating the first order of business of the new year and when a councilmember’s term ends. There was no change in the language; it was just rearranged. Ms. Skogen stated Section 2.03 states a councilmember-at-large shall serve as mayor pro tem, that that person is also elected citywide. Section 2.04, the councilmember-at-large, was created to make it uniform and consistent with the definitions of the mayor and ward councilmembers. This addition required renumbering the remaining sections. Ms. Skogen stated in Section 2.05, the word "redetermined" was changed to "redirected" so that it is consistent with State law. Ms. Skogen stated as to Section 2.07, that was put into bullet form so it was easier to understand. Section 2.08, that was separated into two paragraphs. Ms. Skogen stated staff recommends the first reading of this ordinance. Councilmember Bolkcom asked if this passes tonight, they no longer have an agenda item that says the mayor pro tem is the councilmember because it is in the ordinance. Ms. Skogen replied correct. MOTION by Councilmember Saefke to waive the reading of the ordinance and adopt the ordinance first reading. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 2017 PAGE 5 8. Informal Status Reports. Mr. Wysopal provided a report on the Beech Street flooding and said the City’s Engineering department continues to work on this issue. Mr. Wysopal stated there were some new employees appointed within the last few months. Korrie Johnson is the City's Assistant Finance Director; and James Lange is the new Fire Captain. Mr. Wysopal stated the City has something new that will also be sent out after interactions the City has with residents. It is a card that says on the front, "How Did We Do?" On the back of the card there is an evaluation on the service provided by the City. There is a postage paid return envelope that goes with the card. The City wants to get feedback from residents so that it can make any necessary changes to improve its service. 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 7:25 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor