Loading...
07-24-2023 City Council Meeting July 24, 2023 7:00 PM Fridley City Hall, 7071 University Avenue NE Minutes Call to Order Mayor Lund called the City Council Meeting of July 24, 2023, to order at 7:00 p.m. Present Mayor Scott Lund Councilmember Dave Ostwald Councilmember Ryan Evanson Councilmember Ann Bolkcom Absent Councilmember Tom Tillberry Others Present Walter Wysopal, City Manager Scott Hickok, Community Development Director Jim Kosluchar, Public Works Director Rachel Workin, Environmental Planner Joe Starks, Finance Director Brandon Brodhag, Assistant City Engineer Sarah Sonsalla, City Attorney Pledge Of Allegiance Proclamations/Presentations Approval of Proposed Consent Agenda Motion made by Councilmember Bolkcom to adopt the proposed Consent Agenda. Seconded by Councilmember Evanson. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Approval/Receipt of Minutes 1. Approve the Minutes from the City Council Meeting of July 10, 2023. 2. Receive the Minutes from the City Council Conference Meeting of July 10, 2023. City Council Meeting 7/24/2023 Minutes Page 2 3. Receive the May 9, 2023 Environmental Quality and Energy Commission (EQEC) Minutes. Old Business 4. Ordinance No. 1411, Authorizing a Study and Imposing a Moratorium on the Establishment and Operation of Cannabis Business within the City of Fridley (Second Reading). New Business 5. Resolution No. 2023-82, Scheduling a Public Hearing on August 14, 2023, to Consider Ordinance No. 1414, Creating Title No. 4 (Public Nuisance) of the Fridley City Code and the Chapters Contained Therein. 6. Resolution No 2023-86, Requesting Community Development Block Grant Funds for a Public Facility to be Generally Located at 6101 University Avenue NE. 7. Resolution No. 2023-87, Supporting an Application for Metropolitan Council Policy Development Funds for Amendments to the Zoning Code to Promote an Efficient Development Pattern. 8. Resolution No. 2023-88, Approving Gifts, Donations and Sponsorships Received Between June 17, 2023 and July 14, 2023. 9. Resolution No. 2023-90, Approving Entering Into a Limited Use Permit with the Minnesota Department of Transportation for the Purpose of Maintaining and Operating Nonmotorized Trails Within the Right-of-Way of TH 694 in Control Section 0285. 10. Resolution No. 2023-89, Approving Entering Into a Limited Use Permit with the Minnesota Department of Transportation for the Purpose of Maintaining and Operating a Nonmotorized Trail Within the Right-of-Way of TH 47 in Control Section 0205. Licenses 11. Resolution No. 2023-85, Approving Hemp THC Products Shop Licenses. Claims 12. Resolution No. 2023-91 Approving Claims for the Period Ending July 19, 2023. Adoption of Regular Agenda Motion made by Councilmember Ostwald to adopt the regular agenda. Seconded by Councilmember Evanson. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. City Council Meeting 7/24/2023 Minutes Page 3 Open Forum, Visitors: (Consideration of Items not on Agenda – 15 minutes.) No one from the audience spoke. Regular Agenda Old Business 13. Ordinance No. 1412, Second Reading Proposing Updates to Fridley City Code Section 205.28, Critical Area Overlay District, Section 205.32, Shoreland Overlay District and Section 205.30, Telecommunications Towers and Facilities District to Conform with New Mississippi River Corridor Critical Area Rules Rachel Workin, Environmental Planner, provided background on the MRCCA, which provides coordinated land planning throughout the 72-mile stretch of the river in the metro. She provided details on the historical implementation of the MRCCA in Fridley. She stated that in 2017 the State updated the rules and regulations, and the City is required to update its rules and regulations in order to be in compliance. She provided an overview of the changes proposed to the MRCCA District noting that staff reached out to neighboring river communities to confirm that they have adopted the same regulations for building setbacks. She reviewed the additional changes proposed including non- structural uses, residential land alteration in the Bluff Impact Zone (BIZ), vegetation management, and optional provisions. She reviewed the actions of staff following the first reading in response to resident comments and direction from the Council, as well as the next steps if the second reading is adopted tonight. Councilmember Bolkcom asked when the ordinance would go into effect. Ms. Workin stated that the ordinance would become effective 14 days after the approval of the second reading. Mayor Lund said staff did an excellent job answering all the question and looking into the issues that were brought up. Councilmember Evanson thanked Ms. Workin and staff for their hard work. He asked if wildlife mitigation efforts placed upon a resident could be capped at a certain cost as there was concern that could prohibit a resident from completing a project. Ms. Workin explained that the wildlife mitigation would come into play for a special use permit or variance request which would apply to commercial properties and provided additional details. She was not aware of a situation where the City has capped the mitigation efforts for a variance but noted that could be reviewed during the continued recodification process. It was acknowledged that the City does not want to be overly restrictive, but if the project would be detrimental to the river and/or bluff that is when this would be triggered. It was noted that river property owners have rights to their property but also a responsibility to protect the corridor. Scott Hickok, Community Development Director, provided additional details on a variance and the rational connection to mitigation if that were needed. He provided details on the development review process that would be followed where potential mitigation efforts would be discussed if a variance City Council Meeting 7/24/2023 Minutes Page 4 were requested. Ms. Workin provided an example of a time a variance was granted along the corridor in the 1970s. Councilmember Evanson asked if this language could be amended in the future without approval from State agencies, given that is it optional language. Ms. Workin confirmed that could be updated through the zoning process as long as it met the minimum standards, noting that the DNR could provide comment. Motion made by Councilmember Bolkcom to approve the second reading and adopt Ordinance No. 1412 Amending the Fridley City Code Section 205.28, Critical Area District, Section 205.32, Shoreland Overlay District, and Section 205-.30, Telecommunications Towers and Facilities District and authorize publication of the summary ordinance. Seconded by Councilmember Ostwald. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Motion made by Councilmember Bolkcom to authorize publication of summary Ordinance No. 1412. Seconded by Councilmember Ostwald. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Public Hearing(s) 14. Public Hearing and Adoption of Resolution No. 2023-81, Adopting the Assessments for 2022 Street Rehabilitation Project No. ST-2022-01 Motion made by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Ostwald. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Joe Starks, Finance Director, provided an overview on special assessments and the special assessment process. He noted that to date, the City has received six objections to the assessments. He provided a summary of Project No. ST-2022-01, and the construction schedule, assessment roll, and proposed assessment schedule. He reviewed the deferment opportunity that is available under certain circumstances. He reviewed the objection findings provided by staff in response to the six written objections received. He stated that staff does recommend removal of 6880 East River Road NE from the assessment roll as that was found to be a valid objection. He recommended that the Council accept public comment and then adopt the resolution to adopt the assessment for the project, while amending the assessment roll to remove 6880 East River Road NE. Councilmember Bolkcom asked what work was still left to be completed and the estimated timeframe for completion. Brandon Brodhag, Assistant City Engineer, replied the project is substantially complete, and highlighted some of the items remaining on the punch list and confirmed that the majority is City Council Meeting 7/24/2023 Minutes Page 5 restoration of disturbed areas. He estimated that those items would be completed in the next two to three weeks. He confirmed that the contractor is watching the weather to ensure the seeding would be successful. Residents expressed concern with planting during this hot time of the year and whether those plantings could be successful and whether the project actually added value to the property. Frustration was expressed about the overall construction process, timing of the paving, concerns with compaction, damage to lawns, and behavior of the contractors. Additional concerns were made about a tree that was supposed to be replanted, work done by the utility contractor, whether certain elements were the responsibility of the utility company or City, and construction debris. A resident commented on the difficulty they experienced trying to sell their home during this time. Mayor Lund asked if there was a communication update provided to residents throughout the project. Mr. Brodhag confirmed that email updates were provided to residents and updates were posted on the project website. He noted that some corrections were made to the base lift prior to applying the final lift because of the winter season between the two. He provided additional details on the timing of the project and when certain activities occurred, noting similarities with other projects and the timing of the base pavement application. Mayor Lund noted that if there are concerns with the behavior of the contractor, perhaps that should be looked into for future projects. Residents were urged to contact staff if there are concerns with contractor behavior. Mr. Brodhag commented that the City has worked with the contractor in the past and has not heard any complaints about behavior. He noted that staff could visit the project area to inspect the areas of concern. He stated that the tree had to be removed to repair the curb stop, but the tree would be replaced. Jim Kosluchar, Public Works Director, commented that this is the first that staff has heard of these issues. He stated that it is his understanding that everything was done according to specifications and there were daily inspection reports that he can go back to review. He noted that if things were not done correctly, they would see issues within the first year, which is within the warranty period. Motion made by Councilmember Bolkcom to close the public hearing, Seconded by Councilmember Evanson. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Joe Starks provided input on the ability of residents to make prepayments. The Council asked and received confirmation that if something was done incorrectly, that would be addressed, and that staff would be inspecting the areas mentioned by the residents tonight. City Council Meeting 7/24/2023 Minutes Page 6 Wally Wysopal, City Manager, wanted to ensure clarity on the requested action before the Council to remove one property from the assessment roll as it was found not to meet the City policy for assessment. Sarah Sonsalla, City Attorney, confirmed that six written objections were received, and one property has been recommended for removal from the assessment roll. She summarized the process residents would follow should they choose to object to the District Court. Mr. Wysopal apologized for the experience some residents had during this project and noted that staff will keep an eye on the condition of the street to ensure the project does not fail. Motion made by Councilmember Bolkcom to adopt Resolution No. 2023-81, Adopting the Assessments for 2022 Street Rehabilitation Project No. ST-2022-01, and amending the assessment roll to remove 6880 East River Road NE. Seconded by Councilmember Ostwald. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. New Business 15. Ordinance No. 1413, Amending the Fridley City Code Chapter 220, Residential Rental Property Maintenance and Licensing Code. Scott Hickok, Community Development Director, provided an update on the change in definition from the State related to the Cold Weather Rule. He stated that staff is recommending removal of the dates within the City Code and instead refer to the State Statute. He welcomed any questions and recommended approval. Motion made by Councilmember Evanson to approve the first reading of Ordinance No. 1413, Amending the Fridley City Code Chapter 220, Residential Rental Property Maintenance and Licensing Code. Seconded by Councilmember Bolkcom. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. 16. Resolution No. 2023-83, Awarding West Moore Lake Drive Mill and Overlay Project Brandon Brodhag, Assistant City Engineer, reviewed the proposed project area and provided background on the proposed project. He reviewed the work elements of the proposed mill and overlay project and provided details on the project bidding. He provided details on the cost of bids received and funding source along with the tentative schedule. He recommended approval of the resolution as proposed and reviewed the next steps if the resolution is approved tonight. The Council asked if it was unusual to only have two bids. Mr. Brodhag noted that the normal bidding process was followed and although four contractors reviewed the project, only two bids were received. He believed that the timing of the project did not meet the schedule of the other contractors. City Council Meeting 7/24/2023 Minutes Page 7 Motion made by Councilmember Ostwald to adopt Resolution No. 2023-83, Awarding West Moore Lake Drive Mill and Overlay Project. Seconded by Councilmember Evanson. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. 17. Resolution No. 2023-84, Awarding Apex Pond Enhancement Project Brandon Brodhag, Assistant City Engineer, provided background on the proposed project including the existing conditions and proposed maintenance and enhancements. He reviewed the project partnership and funding cost-share details. He provided details on the bidding process, cost of bids received, and tentative schedule. He recommended approval and reviewed the next steps should the Council approve this action tonight. The Council asked if there would be a scheduled maintenance program from the pond to prevent it from deteriorating to this level. Jim Kosluchar, Public Works Director, commented that this is the maintenance program but noted that there will be less maintenance needed with the new design, as the volunteer trees will not grow up through the bottom. He noted that with the new design the pond will hold water, whereas currently, there is usually no water in the basin. The Council asked if a fence would be needed around the pond. Ms. Kosluchar replied that the grading will be done to provide a bench of a shallower area before the deeper level begins to prevent someone from falling in. Motion made by Councilmember Ostwald to adopt Resolution No. 2023-84, Awarding Apex Pond Enhancement Project. Seconded by Councilmember Bolkcom. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Informal Status Reports The Council noted Night to Unite occurring on August 1, noting that over 80 neighborhood parties have been registered. Adjourn Motion made by Councilmember Evanson to adjourn. Seconded by Councilmember Ostwald. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously and the meeting adjourned at 9:14 p.m. Respectfully Submitted, Melissa Moore Scott J. Lund City Clerk Mayor