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CCM 10/09/2017 CITY COUNCIL MEETING CITY OF FRIDLEY OCTOBER 9, 2017 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:00 p.m. ROLL CALL: Mayor Lund Councilmember Barnette Councilmember Varichak Councilmember Saefke Councilmember Bolkcom OTHERS PRESENT: Wally Wysopal, City Manager Darcy Erickson, City Attorney Shelly Peterson, Finance Director James Kosluchar, Public Works Director Scott Hickok, Community Development Director Amy Kempf, Neighborhood Resource Officer Rachel Workin, Environmental Planner PROCLAMATIONS Student Foreign Exchange Week: October 9-15, 2017 Juan Campos Borja, Columbia Connor McCarl, Australia APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of September 25, 2017. APPROVED. NEW BUSINESS: 1.Second Reading of an Ordinance to Amend the Fridley City Code Chapter 205.30 0-5 Telecommunications Towers and Facilities District, to Allow a Telecommunications Tower to a 150 Foot Height Provided Conditions can be Met to Blend into the Surrounding Environment. WAIVE THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1347 ON SECOND READING AND ORDERED PUBLICATION. 2.Resolution Adopting Assessment for 2017 Utility Lateral Repair Project. ADOPTED RESOLUTION NO. 2017-57. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2017 PAGE 2 3.Resolution Certifying Certain Delinquent Utility Services to the County for Collection with the 2018 Property Taxes. Councilmember Bolkcom asked if the bill was not paid, would it be the responsibility of the new owner. Shelly Peterson, Finance Director, replied that the utilities are tied to the property, so it would be the responsibility of the new owner to pay. Staff will attempt on behalf of the previous owner to collect on the debt. ADOPTED RESOLUTION NO. 2017-58. 4.Claims 178235 – 178409. APPROVED. ADOPTION OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the Proposed Consent Agenda as submitted. 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. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda as presented. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS: 5.Consider Transferring Property from the City of Fridley to the Fridley Housing and Redevelopment Authority for Development (Ward 1) (Continued August 14, 2017). MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Saefke. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2017 PAGE 3 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING OPENED AT 7:20 P.M. Scott Hickok , Community Development Director, said at the August 14, 2017, City Council meeting, Council opened the public hearing discussion on this item. After a brief discussion, Council expressed concern over lack of public discussion over potential development concepts offered by the private developer and continued the public hearing. Since that time, staff has continued to work with the developer, has held a neighborhood meeting, and has gathered input from those in attendance at the public meeting. From that input, the developer has prepared a plan that works to address the concerns of those who have spoken on this project. In an early analysis, staff would concur that concerns are being met, but staff has not had an opportunity to present the plan to the Anoka County Parks staff or to the general public. The plan shows modification to the area east of the patio homes on the Locke Park side of the line of the park boundary. This modification would be for a new park/play area. Coordination with the County Parks staff and further communication with our engaged citizens, would be key to the success of this or other plans that include Locke Park land as part of the solution. Mr. Hickok said staff recommends that Council continue the public hearing until November 13, 2017, to assure that communication with the Anoka County Park staff can occur and feedback can be given. Councilmember Barnette said he received a telephone call questioning how the City could sell property to a developer without going to an election or vote. Mr. Hickok replied what it all comes down to is how the City acquired the property for a park. This property for the park was purchased, and not received through any type of dedication or land that was forfeited where the City would be committed to doing something with it. There has been a lot of thought in development for exchange of the open space and there will be a parklike feature created around the water feature. Councilmember Barnette asked who the City purchased the land from for this park. Mr. Hickok replied that this land was not acquired through means with any strings attached. Usually parks are acquired through dedication or tax forfeiture. This land was available and the City purchased it. Councilmember Barnette said he thought that the property was owned by Ernie Madsen and the City was to develop property like that for a section of parks. Mr. Hickok said this land was not dedicated, and the park existed before the neighborhood came about. MOTION by Councilmember Saefke to continue the public hearing until November 13, 2017. Seconded by Councilmember Bolkcom. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2017 PAGE 4 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok said the meeting will be held on October 16 and start at 6:30 p.m. Information about the meeting is on the website. 6.Consider Special Assessments for Street Improvement Project No. ST2017-01. 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 PUBLIC HEARING OPENED AT 7:28 P.M. Shelly Peterson, Finance Director, said this special assessment pertains to the rehabilitation of City streets as part of the City’s street resurfacing plan. Proposed special assessments for this project are established in conformance with the City’s Special Assessment Policy. The 2017 Street Improvement Project includes the North Park Neighborhood, bordered by Matterhorn Drive to the east, Old Central/Highway 65 to the west, Hathaway Lane to the north and I-694 to the south. Ms. Peterson said residents and commercial owners received a mailing prior to the project moving forward. Property owners were invited to a project workshop held on November 1, 2016. A public hearing on this improvement project was held on January 23, 2017. One hundred sixty-one residential (LDR) and commercial (NLDR) properties are subject to this assessment. The proposed special assessments are calculated in accordance with the City’s policy, and pay for portions of the street rehabilitation only (curbing and utilities are excluded). Each single family residential (LDR) property is proposed to have an assessment of $1,866.26. Ms. Peterson stated the proposed residential special assessments for the project compare favorably with the projected special assessments. Single family residential projections were $2,150 at the time of the open house, $1,950 at the time of contract award and the proposed assessment is $1,866.25 (-13% lower than initial projections). Ms. Peterson said minor elements of the project are yet to be completed, including reinstalling street signs, spot repair of saw and seal joints, installation of hydrant hardware and future warranty repairs if applicable. There is a 10-year assessment payback period and payments are subject to a 6% interest rate. Written or oral objections will be considered at this public hearing. No appeal may be taken as to the amount of the assessment unless a signed, written objection is filed with the City Clerk prior to the hearing or is presented to the presiding officer at this hearing. Ms. Peterson said property owners have until the close of business on November 22 to pay all or at least half of the assessment interest free. After November 22, interest will be charged on the remaining balance. The assessment is due annually to the County in November for collection on FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2017 PAGE 5 the next year’s real estate taxes. The remaining balance of the principal may be paid to the City by November 15 each calendar year to cancel all future installments. Staff recommends the public hearing be opened for public comment. The resolution adopting the special assessment is under new business. Councilmember Bolkcom asked what attributed to the decrease in the assessment. Jim Kosluchar , Public Works Director, replied his excellent staff. They have not received any objections to the assessment. Councilmember Saefke asked if the work by the contractor was satisfactory. Mr. Kosluchar replied they performed very well, and the punch list of items is very minor. 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 7:35 P.M. 7.Consider the Assessments for the 2017 Nuisance Abatement. 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 PUBLIC HEARING OPENED AT 7:36 P.M. Shelly Peterson, Finance Director, said this is the annual assessment for those properties where continuing code violations existed and the City expended resources to bring the properties into compliance. There are 32 properties involved in this assessment. The total amount of the assessment will be $18,998.13, and the assessment will be for one year at 6 ½% interest. Written or oral objection will be considered at this public hearing. No appeal may be taken as to the amount of the assessment unless a signed, written objection is filed with the City Clerk prior to the hearing or is presented to the presiding officer at this hearing. Staff has not received any correspondence contesting to the proposed assessment. Ms. Peterson said property owners have until the close of business on November 22 to pay all or at least half of the assessment interest free. After November 22, interest will be charged on the remaining balance. Any remaining principal along with interest from the date of Council adoption of the resolution through December 31, 2018, will be collected with the next year’s real-estate taxes. Staff recommends the public hearing be opened for public comment. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2017 PAGE 6 Felecia Jappah , 124 Pilot Avenue NE, said she sent a written objection email to Deb Skogen. She acquired this property in April of 2017 and she did not receive notice of the nuisance. She did not think it was fair. She was not aware the City kept mowing her property, as it is a rental. Amy Kempf , Neighborhood Preservation Specialist, apologized for the miscommunication. She said if rental tenants do not mow the rental property, it is put on a mowing cycle with the City until they are notified to stop. She shared the timeline of experience with the property. She said on July 5, 2017, she was in the neighborhood for an inspection and noticed the long grass. Laura Spencer, Rental License Inspector, also wrote about the long grass in a report. A letter was sent to the property about the long grass and it was returned on July 12. A second inspection happened on July 20 and the property was put on a mowing list to be mowed every two weeks. st Invoices were sent by the City mowing contractor on the 21. During the week of July 28, the rental inspector called Felicia to let her know what was going on. The mailing from the property was returned marked “vacant” with no forwarding address to send the information. On September 4 the contractor was scheduled to mow, and the property was already mowed. Ms. Jappah called on September 7, came in on September 8, and after that, staff emailed the contactor for this property and told them to remove the property from the mowing list. This was the only time the lawn was mowed and there has been no interaction with residents anytime since July 5. Mayor Lund asked why the property was not mowed. Ms. Jappah replied if the property had not been mowed from April to July it would be a forest. It was mowed during that time. Mayor Lund asked why she stopped mowing. Ms. Jappah replied that she did mow the lawn from April to July. After that, she would come to the property for a monthly inspection and did not see the code violation. In July, she made arrangements for someone to mow but because of unforeseen circumstances, they were not able to mow. Since August 1, the tenant has mowed the lawn. She said she was being charged to mow when the lawn was already mowed. Mayor Lund said the outside contractor was not lying about the mowing and charging the City for things they did not do. The contractor mowed, and the tenant lied to her. If Ms. Jappah cared about this property, it would have been mowed, and the City would not have been involved. Ms. Jappah said she was willing to make the July mowing payments but the August charges are not fair charges. The contractor did not mow, as she was constantly there. Ms. Kempf said the September 4 mowing would be removed from the charges and only the trip charge would be billed. Mayor Lund noted that once properties are on the mowing cycle, they continue to mow until it is taken off. Someone was not mowing the property as it should have been. Ms. Jappah has been negligent in taking care of the property. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2017 PAGE 7 Councilmember Bolkcom asked staff to review the timeline again. Scott Hickok, Community Development Director, replied that in this case Laura Spencer, Rental License Inspector, noted tall grass and that was given to the property owner. Councilmember Bolkcom noted that after the conversation about high grass on July 5, the tall grass should have been taken care of in a certain amount of time. The property owner knew about this but it was not taken care of, and the contractor started mowing on July 31. Mr. Hickok said that all it takes is a phone call, but several weeks later the lawn was still not mowed. th Councilmember Bolkcom said the lawn was mowed again on the 7 because no one told us to stth stop mowing. It was mowed again on the 21 and on the 28 the Rental Housing Manager, Pat Wolfe, called to discuss this property and that it was still on the list. Ms. Jappah replied that Laura Spencer said the laundry list of things needed to be done by July 30, which included mowing the lawn. She passed inspection on July 30 because the lawn was mowed by the contractor and she did not get any notification from the City. Councilmember Bolkcom noted that Ms. Jappah knew the City mowed the lawn. She should have called the City to stop. Ms. Jappah replied that she did not know how to stop the mowing and thought the tenant was mowing the lawn. Councilmember Bolkcom said that once the City mows the lawn, they do not wait until it gets 10” long again, they put it on a two-week mowing cycle. The only way to stop is if the owner calls the City. Mayor Lund said the property owner failed to mow the property in a timely manner. It is not up to the taxpayers to foot this bill. He is okay with staff taking off the last charge. MOTION by Councilmember Bolkcom to move into record the letter from Felicia Jappah. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 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 PUBLIC HEARING CLOSED AT 8:18 P.M. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2017 PAGE 8 NEW BUSINESS: 8.Resolution Adopting Assessment for the 2017 Street Improvement Project No 2017-01 MOTION by Councilmember Varichak to adopt Resolution No. 2017-59. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9.Resolution Adopting the Assessment for the 2017 Nuisance Abatement MOTION by Councilmember Bolkcom to adopt Resolution No. 2017-60. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10.Motion to Approve the Release of the Request for Proposal for Residential Organic Material Collection Service. Rachel Workin , Environmental Planner, said organic material includes fruit and vegetable scraps, meat and bones, paper towels, and compostable paper products and flatware. Produce compost has economical and ecological benefits. It saves landfill space and disposal cost. The statewide goal is to have 75% diversion of recycling and organics by 2030. This was formally adopted in the 2016-2036 Solid Waste Management Policy Plan and will necessitate new programs. Ms. Workin said organics recycling is currently being done at the SNC and the schools. Backyard composting allows for limited materials but takes time, requires a good location and there are physical requirements. Neighboring city and county drop-offs are available. Ten residents have signed up for the Spring Lake Park drop-off, thirty-three residents for the Columbia Heights drop-off, and one hundred nine residents for the Bunker Hills drop-off. Sixty- nine percent of the ninety respondents are interested in the curbside organics recycling program. Ms. Workin said Chapter 113 of the City Code was updated in 2016 to have one contract, one hauler and one license. Dwelling units would be 1-4 and participation would be voluntary. Funds from the Anoka County SCORE were received in 2017. The RFP for collection service would be administered by one hauler. The service would last through April 30, 2019, with an opportunity to renew two times. Ms. Workin reviewed the next steps of having a signed contract by year-end with the approval to release the RFP October 9, have it due November 6, and present it at the Council conference meeting on November 27. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 9, 2017 PAGE 9 Councilmember Bolkcom asked who the hauler was for the schools’ organics. Ms. Workin replied that the schools contract with their own haulers. There are a few different transfer stations in the Twin Cities and two final processing sites in the south metro. Councilmember Bolkcom asked how big the organic recycle container would be. Ms. Workin replied the hauler would be able to specify the size of the container. They recommend a 32 gallon cart, half the size of the standard recycling container. Organics would be collected in the home in a pail kept in the kitchen lined with a compostable bag from a retailer. The City can do an evaluation of the distribution of bags depending on funding. The resident would bring the bag to the curbside cart provided by the hauler and it would be collected on a weekly basis. MOTION by Councilmember Bolkcom to approve the Release of the Request for Proposal for Residential Organic Material Collection Service. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11.Informal Status Reports. Scott Hickok, Community Development Director, recognized Rachel Workin for her success in organizing the recycling event this weekend. He thanked all who participated. It was a good day in spite of the weather. He said they counted 423 cars. Councilmember Bolkcom announced the Pumpkin in the Park event coming on October 21 from 6-10 p.m. at the Nature Center. Tickets can be bought online or by calling the Nature Center. They are $10 at the door and $8 in advance. Jim Kosluchar, Public Works Director, said staff is working on better parking for this event and providing a shuttle bus to make it easier at the end of the event. Councilmember Saefke said pumpkins can be recycled after Halloween at SNC. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE MEETING ADJOURNED AT 8:35 P.M. Respectfully submitted, Krista Peterson Scott J. Lund Recording Secretary Mayor