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CCM 01/28/2013 CITY COUNCIL MEETING CITY OF FRIDLEY JANUARY 28, 2013 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:35 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: Darin Nelson, Interim City Manager Jim Kosluchar, Public Works Director Scott Hickok Community Development Director Darcy Erickson, City Attorney APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Minutes of January 7, 2013 Councilmember Varichak asked for a correction on page 19, number 17, first paragraph should read BAE instead of DAE. APPROVED AS AMENDED. NEW BUSINESS: 1.Resolution Regarding the Administration of the Minnesota Wetland Conservation Act in the City of Fridley within the Coon Creek Watershed District. Darin Nelson, Interim City Manager, stated the Minnesota Wetland Conservation Act (WCA) requires local governmental units (LGU) to implement rules and regulations promulgated by the Board of Water and Soil Resources. Fridley served as the LGU within the former Six Cities WMO. Six Cities WMO has since dissolved, with the areas to the north becoming part of CCWD and the areas to the south becoming part of the MWMO. CCWD already serves as the LGU implementing the WCA for several cities under its jurisdiction. Staff recommends is recommending Council adopt the resolution establishing CCWD as the LGU for the implementation of the Wetland Conservation Act in areas of Fridley that are within the CCWD. ADOPTED RESOLUTION NO. 2013-07. 2 FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2013 PAGE 2 2.Resolution in Supporting of an Application for a Minnesota Lawful Gambling Premises Permit for Spring Lake Park Lions at Shorewood Restaurant Located at 6161 Central Avenue N.E. (Ward 2) Darin Nelson, Interim City Manager, stated this resolution is in support of an application for a Minnesota Lawful Gambling Premises Permit for the Spring Lake Park Lions at the Shorewood Restaurant located at 6161 Central Avenue. An updated memo and resolution have been provided to the Council. The original memo and resolution made reference to the Spring Lake Park Youth Hockey Association. That was a typo. The Spring Lake Park Lions are applying for a permit. Mr. Nelson stated Minnesota state law requires a gambling organization applying for a State Premises Permit to contact the city in which it will be conducting lawful gambling to provide a resolution in support of their application. The Fridley Lions had been conducting lawful gambling at the Shorewood Restaurant until their lease was cancelled in November. Changes to the City Code require the establishment to work with a City organization and should no organization be available, the establishment may choose another organization. The Shorewood did have discussions with the American Legion. Both parties, however, decided it was not a good fit. Mr. Nelson stated the Shorewood has chosen to work the SLP Lions to conduct lawful gambling. Staff verified the SLP Lions have no outstanding issues with the Minnesota Gambling Control Board, and the Police Department conducted background checks on the SLP Lions and their officials and found no adverse police contacts. Staff recommends Council’s approval. ADOPTED RESOLUTION NO. 2013-08. 3.Approve 2013 Pay Equity Report. Darin Nelson, Interim City Manager, said this is commonly referred to as “Pay Equity” or “Comparable Worth.” The Local Government Pay Equity Act requires local governments to establish equitable compensation relations to eliminate sex-based wage disparities in public employment. Local governments are responsible for complying with the law at all times and must report their data every three years. The City of Fridley is required to report the 2012 data by January 31, 2013. Test results indicate the City is well within the required compliance ranges. Staff recommends Council’s approval. APPROVED. 4.Appointment – City Employees. Darin Nelson, Interim City Manager, stated staff recommends the appointment of Don Roberts to the position of Engineering Technician II effective February 12, 2013. Mr. Roberts is currently working as a Sr. Transportation Generalist for MnDOT where he has been a chief inspector since 2009. Prior to MNDOT, Mr. Roberts worked for the City of South St. Paul for 11 years. Mr. Roberts is filling the position vacated by Daniel Belair in August of last year. 3 FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2013 PAGE 3 Mr. Nelson stated staff is also recommending the appointment of Claudia M. Diggs to the position of Fire Inspections Office Assistant effective February 28, 2013. Ms. Diggs is experienced in the area of fire inspections and administrative support and previously worked for the City of Maple Grove as a Fire Inspections Office Assistant for five years. At Maple Grove, she provided administrative support to inspections staff in working with property owners, issuing permits and corrections orders, and assisting with code enforcement projects. Ms. Diggs is currently working for the Shiloh Village School District in Shiloh, Illinois, as an administrative assistant and plans to relocate back to Minnesota. APPOINTED DON ROBERTS AS ENGINEERING TECHNICIAN, II; AND CLAUDIA DIGGS AS FIRE INSPECTIONS OFFICE ASSISTANT. 5.Claims (157926 – 158309). APPROVED. 6.Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 7.Estimates: Lametti and Sons 16028 Forest Blvd. N. Hugo, MN 55038 2012 Sanitary Sewer Lining Project No. 416 Estimate No. 3……………………………..$25,716.15 APPROVED. APPROVAL OF CONSENT AGENDA: MOTION by Councilmember Bolkcom to move into record the corrected version of the resolution for Item No. 2. Seconded by Councilmember Barnette. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked why staff was waiting until January 31 to submit the pay equity. Mr. Nelson replied that Ms. Dahl will probably submit it earlier than that date. 4 FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2013 PAGE 4 MOTION by Councilmember Barnette to approve the Consent Agenda as submitted. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the Agenda as submitted. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM VISITORS: Councilmember Bolkcom asked for an update regarding the parking at Wal-Mart. Jim Kosluchar , Public Works Director, replied that a speed restriction sign has been put up and no parking signs have been placed on both sides of the street by the east entrance to Wal-Mart. Councilmember Bolkcom said that a lot of cars were parked in the “no parking” area yesterday. Mr. Kosluchar said warning tickets were being issued. Now the area will be enforced with parking tickets. Scott Hickok, Community Development Director, presented the “eQuality – Pathways to Potential” video for Council. OLD BUSINESS: 8.Second Reading of an Ordinance Amending Chapter 205, Section 205.03, Defining “Crematory,” “Mortuary,” and “Retort,” and Section 205.15, Allowing “A Crematory in Conjunction with a Mortuary” as an Accessory Use in the C-3, General Shopping Zoning District. Scott Hickok, Community Development Director, stated that public hearing was in December and the first reading on January 7. The petitioner is seeking a text amendment to add language to the C-3, General Shopping zoning district that would allow a crematory as an accessory to the mortuary use at the subject property, which is located at 6210 Hwy 65. The text amendment includes adding the definitions of Crematory, Mortuary and Retort. Conditions placed on accessory use include:  Crematory must be licensed annually by the State of Minnesota Department of Health.  Crematory must be inspected annually by the State of Minnesota Department of Health. 5 FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2013 PAGE 5  Emissions from the operation of the retort must meet State of Minnesota Pollution Control Agency standards.  The retort must be properly maintained and serviced by the manufacturer at minimum every 18 months.  Mortuary will employ a fully trained, Certified Cremation Technician, capable of overseeing the operation and maintenance of the crematory and retort equipment.  Mortuary will make copies of State licensure renewals and annual inspection reports available to the City Building Inspector upon request. Mr. Hickok stated staff has determined these conditions are necessary for the proposed accessory use to be compatible with the purpose and intent of the commercial zoning ordinance. Staff has provided Council with a list of licensed crematories within the metro and state. Staff has contacted the Minnesota Department of Health which is in charge of licensing crematories. There are 54 Crematories licensed in Minnesota. The Minnesota Department of Heath licenses the crematory annually and checks for things such as tracking of the human remains, whether required permits have been received, safety, and visuals of the retort and stack. Mr. Hickok stated the Planning Commission held a public hearing for TA #12-02 at its meeting on November 21, 2012. No members of the public attended the hearing to speak on this issue. The Planning Commission recommended approval of TA #12-02, with no stipulations. The motion carried unanimously. Staff recommends Council hold the second and final reading of the ordinance to approve TA #12-02. Councilmember Varichak said she researched this after the meeting on December 10 and met with Shannon. She called crematoriums and most funeral homes gave the same information. There is no odor, no smoke, but some heat and steam depending on the weather conditions. The funeral homes did not have any problems with any of the retorts they installed. Inspections are done annually and their population was relevant to Fridley. She also looked on the internet and found a lot more information, both negative and positive. There are some concerns with mercury levels and why the EPA does not do more research on the retorts. The funeral homes do have to meet other standards with the state. She also spoke with neighbors who wrote letters and they have no concerns. There will be watchful eyes from the surrounding neighbors within that area. After all the research, she is comfortable with this and will vote yes tonight. CouncilmemberBolkcom asked staff to review the inspections again. Mr. Hickok stated that the inspections are done every 18 months according to the stipulations. The funeral home will make records available to the city as soon as the state has completed the inspections. The Minnesota Department of Health will perform annual inspections. CouncilmemberBolkcom said she had a conversation with the Pollution Control Agency. What she found out is there is currently no way to measure how much mercury is being emitted into the air. They know there are emissions going into the air but have no way to measure it. The funeral director can remove the teeth too. There will be a spike from the baby boomers because they had the fillings with mercury but as this population goes away there will be less. Right now they are concentrating on the big energy producing plants with coal and mercury 6 FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2013 PAGE 6 going into the air. Retorts are on their radar screen and they will work close with the EPA, the Minnesota Department of Health and the Funeral Home Association. There is also a new cremation technique coming in the future called chemical cremation. If people have questions they may call the Minnesota Department of Health or the Pollution Control Agency. They are a great resource. CouncilmemberSaefke asked if the emissions are not able to be measured or if the testing is unreliable. CouncilmemberBolkcom replied that the MPCA said there is currently not a device to measure the levels. CouncilmemberSaefke stated if the Federal EPA guidelines or technology is available in the future to measure and it becomes an issue, there may be a requirement to remediate. He asked if Miller Funeral Home would remediate on the retort if directed by the Federal Government. Shannon Asnus, Miller Funeral Home, replied if the law changed, they would comply with the laws. Mayor Lund said that vaporized mercury is not good for anyone. The question is why mercury fillings are in people’s mouths in the first place. Many people have old fillings and are still alive. He asked how detrimental it could be. CouncilmemberBolkcom said she did not know how much mercury is still emitting once in the mouth. Dental work with mercury has to be disposed of in a certain way. Councilmember Varichak said the emissions come from the mercury when it is heated and a gas is created. CouncilmemberBarnette said he read the report about the Jordan crematory and that answered all of his questions. Mercury exposure has been out there for all sorts of things for many years. Mr. Asnus asked if they could submit a building permit application tomorrow. Mr. Hickok replied yes. MOTION by Councilmember Varichak to waive the reading of the ordinance and adopt Ordinance No. 1300 on second reading and order publication. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 7 FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2013 PAGE 7 NEW BUSINESS: 9.First Reading of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to Home Occupations (Text Amendment, TA #12-03, by the City of Fridley). Scott Hickok, Community Development Director, reviewed the text modification stating that the garage sale reference changes to: “No more than three garage sales of no more than three consecutive days per sales event may be conducted on a property in a 12-month period.” A public hearing was held at the December 19 Planning Commission meeting and City Council held a public hearing on January 7. No one appeared from the public to speak at either hearing. The Planning Commission unanimously recommended approval and staff concurs with the Planning Commission’s recommendation. Staff recommends proceeding to the second reading of the ordinance on February 11. CouncilmemberBolkcom asked on page 62, under (4) Home Occupations, (o)(3), if 10 vehicles per day meant that a pick-up and drop-off was considered one vehicle. Mr. Hickok replied yes. CouncilmemberBolkcom thought the number of pick-ups in item (o)(4) seemed a little restrictive. She asked how staff arrived at that number. Mr. Hickok replied this relates to controlling the appearance of a business and changing the character of a neighborhood. People can schedule regular pick-up/drop-off times three times a week. The goal is to not have the business to look like a business. This has nothing to do with controlling the volume of business that is done, but to control pick-up and deliveries so there are no more than three per week. CouncilmemberBolkcom asked how this would be monitored. Mr. Hickok said that staff is good at code enforcement but more likely it will be a situation where someone calls in. Shipments are harder to control but the idea is to mimic business operation to make it feel like a neighborhood and not a business. CouncilmemberBolkcom asked if the number could be taken out or if it were more enforceable with numbers. Mr. Hickok said saying that 7 took place and only 3 are allowed works much better. CouncilmemberBarnette asked on page 62, (o)(1), where it talks about working on vehicles out of a garage, was that a problem. Mr. Hickok answered no but those are the most difficult code enforcement cases; repair in the garage. If someone set up a paint booth in a garage to do body work, that would be an issue because home occupations cannot take place in a garage. 8 FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2013 PAGE 8 MOTION by Councilmember Saefke to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10.First Reading of an Ordinance Amending Chapter 205.30, 0-5, of the Fridley Zoning Code Pertaining to Clarifying Approved Locations for Telecommunications Towers and Facilities and Adoption of a Map of Approved Tower Sites as Part of the Appendix A to Chapter 205.30 (Text Amendment, TA #12-04, by the City of Fridley). Scott Hickok, Community Development Director, stated that Appendix A of Chapter 205.30 lists 15 approved sties by location name. Staff desires to have a more detailed list with addresses and PIN numbers and a map. Text changes since the public hearing include “Existing Site” further defined, re-instated “Non-Conforming Use” section, and simplified “Illumination” requirements to only refer to FAA requirements. The language on signs remains unchanged as no additional rules were listed in the code of Federal Regulations. CouncilmemberBolkcom asked on page 70, Section 205.30.3(C), why 12 months was chosen. Mr. Hickok replied it is an administrative thing to catch up on billing and payments. After 12 months, it falls into serious abatement proceedings. Equipment goes up for one vendor and may be owned by another vendor. Sometimes there is a misunderstanding of payments. Staff does get caught up and does collect the payments. Jim Kosluchar , Public Works Director, said that if they are behind over one payment period staff is in contact with them. A late payment, according to the lease terms, means that there is a default clause that staff can exercise. Staff does not wait a year to collect on the lease. MOTION by Councilmember Saefke to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11.First Reading of an Ordinance Amending Chapter 11 of the Fridley City Code Pertaining to Telecommunications Fees (Text Amendment, TA #12-05, by the City of Fridley) Scott Hickok, Community Development Director, stated no changes in the proposed ordinance have been made since Council’s January 7 public hearing. No rate change is being made in this text amendment, only inclusion of fees that staff has been charging since 1998, which were never added to Chapter 11. The Planning Commission held a public hearing on December 19 and unanimously recommended approval. Staff concurs with the Planning Commission. Staff recommends scheduling a second reading for February 11. 9 FRIDLEY CITY COUNCIL MEETING OF JANUARY 28, 2013 PAGE 9 MOTION by Councilmember Saefke to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12.Informal Status Report. Councilmember Varichak said she attended Winter Fest on Saturday and thought it was a nice event. CouncilmemberBolkcom thanked staff and volunteers who helped with this event. Mayor Lund said he attended the Lions waffle breakfast and it was a successful event. Councilmember Varichak announced that Steel Magnolias will be performed at the Fridley Community Center on February 7, 8, 9, 16 and 17. The cost is $25 for dinner and the play. Darin Nelson , Interim City Manager, announced that on Wednesday, January 30, the EPA will be offering informational sessions from 1 to 3 p.m. and 6 to 8 p.m. at the Fridley Community Center. They will discuss the community action plans related to the Fridley superfund sites. Also the Fridley newsletter should be received by residents tomorrow. 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 8:45 P.M. Respectfully Submitted, Krista Peterson Scott J. Lund Recording Secretary Mayor