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05-13-2024 City Council Meeting May 13, 2024 7:00 PM Fridley City Hall, 7071 University Avenue NE Minutes Call to Order Mayor Lund called the City Council Meeting of May 13, 2024, to order at 7:00 p.m. Present Mayor Scott Lund Councilmember Dave Ostwald Councilmember Tom Tillberry Councilmember Ryan Evanson Councilmember Ann Bolkcom Absent Others Present Walter Wysopal, City Manager Scott Hickok, Community Development Director Sarah Sonsalla, City Attorney Nancy Abts, Associate Planner Joe Starks, Finance Director Pledge Of Allegiance Proclamations/Presentations 1. Proclamation for National Police Week and Peace Officers Memorial Day Mayor Lund read the proclamation for National Police Week and Peace Officers Memorial Day and presented it to the Officers present at the meeting. 2. Proclamation for Public Works Week Mayor Lund read the proclamation for Public Works Week and presented it to public works staff. Jeffrey Jensen, Operations Manager – Public Works, thanked the Mayor and Council, noting that the Public Works staff appreciates the recognition. He stated that he has been in this role for 30 years and appreciates the support of the Council. City Council Meeting 5/13/2024 Minutes Page 2 Approval of Proposed Consent Agenda Wally Wysopal, City Manager, noted that it has been requested to remove Item 8 from the Consent Agenda, and move that to the regular agenda as that will provide staff with the opportunity to update Council on that item. Motion made by Councilmember Bolkcom to adopt the proposed Consent Agenda as amended. Seconded by Councilmember Tillberry. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Approval/Receipt of Minutes 3. Approve the Minutes from the City Council Meeting of April 22, 2024. 4. Receive the Minutes from the City Council Conference Meeting of April 8, 2024. 5. Receive the Minutes from the City Council Conference Meeting of April 22, 2024. 6. Receive the Minutes from the Planning Commission Meeting of April 17, 2024. New Business 7. Resolution No. 2024-60, Approving and Authorizing the Signing of an Agreement with the City of Coon Rapids for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2023 Local Solicitation. 8. Resolution No 2024-64, Approving Single Source Acquisition for Critical Incident Mitigation, De- escalation and Rescue Vehicle. This item was removed from the consent agenda and placed on the regular agenda. Claims 9. Resolution No. 2024-62 Approving Claims for the Period Ending May 8, 2024. Open Forum, Visitors: (Consideration of Items not on Agenda – 15 minutes.) No one from the audience spoke. Adoption of Regular Agenda Motion made by Councilmember Tillberry 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 5/13/2024 Minutes Page 3 Regular Agenda Public Hearing(s) 10. Public Hearing and First Reading for Ordinance No. 1423, Allowing Electric Security Fences on Certain Industrial Properties Motion made by Councilmember Evanson to open the public hearing. Seconded by Councilmember Ostwald. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Nancy Abts, Associate Planner, presented a request from Amarok on behalf of Electric Motor Supply Company for a text amendment to allow 10-foot-tall electric security fences at all properties not zoned exclusively for residential use. She noted that the City has recently heard two requests for electric security fences, one of which was approved and one of which was denied. She stated that a text amendment was discussed as another path forward and presented details of that request. She stated that staff would suggest mirroring the allowance for a barbed wire security fence and reviewed the recommendation provided by the Planning Commission. She provided additional details of the proposal. Councilmember Bolkcom asked if the first reading would be appropriate or whether the City should wait to see what happens at the State level. Ms. Abts replied that staff recommends adoption as presented. Mayor Lund noted that comparison information was provided in the packet, and it seemed that many other communities have not allowed this in their community. Ms. Abts replied that while many communities have also been approached by this applicant and have denied requests, staff believes that it would be appropriate in certain locations given the large railyard that Fridley has. Councilmember Evanson asked why some cities have decided they do not want this. Ms. Abts provided a summary of the information she received from other communities including image and the security alternatives that exist. Councilmember Evanson asked if those alternatives have been successful in deterring crime. Ms. Abts replied that she did not receive feedback on that. Councilmember Bolkcom commented that there would be a high fence before the electric fence which helps to buffer the image. Mayor Lund invited public comment. City Council Meeting 5/13/2024 Minutes Page 4 Michael Pate, Amarok, provided details on the safety and testing of his equipment. He stated that it is important for the ordinance to reference the standards to ensure that proper equipment is installed that is non-lethal. He commented that an eight-foot-tall perimeter fence is very tall. He stated that the standard requires a height of five feet and most perimeter fences in the railyard are only six feet. He stated that requiring a solid barrier is an additional expense for businesses. Ms. Abts provided additional details noting that the proposal attempts to address safety concerns while also ensuring that a building permit is issued, which provides another layer of review. She noted that this process would build upon the process that has already been successful in the City. Mayor Lund asked if a six-foot perimeter fence, along with the electric fence, would trigger a building permit. Scott Hickok, Community Development Director, stated that this language would be consistent with the requirement for an eight-foot fence when there is outdoor storage. He noted that the areas that would be eligible for an electric fence already have permits for outdoor storage. He explained that the electric fence would not have screening quality. Councilmember Bolkcom commented that she supports the eight-foot-tall perimeter fence, as does the Planning Commission. Councilmember Tillberry commented that this seems to be a good compromise. Councilmember Evanson commented that his question was whether the cost for the barrier fence would be cost prohibitive, which would lead to continued theft and other impacts. Councilmember Bolkcom commented that the cost incurred by theft was above $100,000 as mentioned by a previous applicant and therefore a barrier fence would seem an appropriate cost. Mr. Hickok commented that Fridley is generous in its allowance for outdoor storage, through a Special Use Permit. He noted the cost savings that provides to businesses by not having to expand building space to store those materials indoors. Councilmember Evanson commented that he would imagine if the barrier fence were cost prohibitive, Electric Motor Supply Company would have been present tonight. Motion made by Councilmember Bolkcom to close the public hearing, Seconded by Councilmember Tillberry. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Motion made by Councilmember Bolkcom to approve the first reading of Ordinance No. 1423, Allowing Electric Security Fences on Certain Industrial Properties. Seconded by Councilmember Ostwald. City Council Meeting 5/13/2024 Minutes Page 5 Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. New Business 8. Resolution No 2024-64, Approving Single Source Acquisition for Critical Incident Mitigation, De- escalation and Rescue Vehicle. Joe Starks, Finance Director, presented a revised resolution for the Council to consider. He provided background information on the critical incident mitigation, de-escalation and rescue vehicle proposed for purchase. He reviewed the proposed funding for the purchase. He noted that while the original intent was to use single source acquisition, it was later determined that the City would need to follow the path of the cooperative purchasing venture. He stated that the dollar amount proposed for purchase has not changed. Motion made by Councilmember Evanson to receive the revised resolution and Cooperative Purchasing Venture quote. Seconded by Councilmember Ostwald. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Motion made by Councilmember Evanson to approve Resolution No. 2024-64, Approving the Purchase of a Critical Incident Mitigation, De-escalation and Rescue Vehicle. Seconded by Councilmember Bolkcom. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. 11. Resolution No. 2024-61, Approving a Water Supply Agreement with Brand-Broadway Associates for the Fridley Terrace Mobile Home Park. Scott Hickok, Community Development Director, provided background information on the Water Use Agreement request from the Fridley Terrace Mobile Home Park. Mayor Lund asked why meters were being placed on private wells. Mr. Hickok replied that would allow the City to accurately bill. Mayor Lund asked if there would be environmental reports, noting that he would assume that some water runs 24 hours per day during the winter months to prevent pipes from freezing. Mr. Hickok replied that a water usage report is required from Fridley Terrace. Motion made by Councilmember Ostwald to approve Resolution No. 2024-61, Approving a Water Supply Agreement with Brand-Broadway for the Fridley Terrace Mobile Home Park. Seconded by Councilmember Evanson. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. City Council Meeting 5/13/2024 Minutes Page 6 12. Resolution No. 2024-63, Approving and Authorizing Final Budget Reappropriation for Certain Funds for the Fiscal Year Ending December 31, 2023. Joe Starks, Finance Director, presented a resolution for consideration to authorize the final budget reappropriation for certain funds for the fiscal year ending December 31, 2023. He reviewed the authority and process for budget amendments. He reviewed the proposed 2023 budget amendments and stated that staff recommends approval as presented. Motion made by Councilmember Tillberry to approve Resolution No. 2024-63, Approving and Authorizing Reappropriation for Certain Funds for the Fiscal Year Ending December 31, 2023. Seconded by Councilmember Bolkcom. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Informal Status Reports Mayor Lund noted there will be a Fun Fair at Springbrook Nature Center which takes place on Saturday, May 18 from 11 a.m. to 2 p.m. He stated that on June 1, there will be an open house and town hall meeting which will take place at the new Moore Lake facility, from 11 a.m. to 2 p.m. Councilmember Bolkcom stated that she and Councilmember Ostwald will be at Springbrook at 11 a.m. on Saturday for the event and as part of the new public engagement initiative. She said that soon the people will be able to purchase stickers for ‘49er Days and reviewed some of the events. Mayor Lund asked the public to enjoy the festivities and explained that the $5 sticker helps to defer some of the event costs. Mr. Wysopal noted that the next City Council meeting will be on Tuesday, May 28, due to the Memorial Day holiday. Adjourn Motion made by Councilmember Ostwald to adjourn. Seconded by Councilmember Evanson. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously and the meeting adjourned at 8:00 p.m. Respectfully Submitted, Melissa Moore Scott J. Lund City Clerk Mayor