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11/05/2001 - 00009677THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 5 , 2001 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Bolkcom, Councilmember Billings, Councilmember Wolfe. MEMBERS ABSENT: None. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Billings to approve the Proposed Consent Agenda as presented. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES: City Council Meeting of October 22, 2001. APPROVED. OLD BUSINESS: 1. RECEIVE THE MINUTES FROM THE PLANNING COMMISSION MEETING OF OCTOBER 17, 2001: RECEIVED. 2. SPECIAL USE PERMIT REQUEST, SP #01-10, BY NORTH AIR HOME ASSOCIATION/KNIGHTS OF COLUMBUS, TO PARK LARGE TRUCKS BEHIND THE BUILDING, GENERALLY LOCATED AT 6831 HIGHWAY 65 N.E. (WARD 2): Mr. Burns, City Manager, stated that this would allow trailers to park in the rear portion of the property. Staff recommended approval subj ect to four stipulations. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2001 PAGE 2 APPROVED SPECIAL USE PERMIT REQUEST, SP #01-10 WITH THE FOLLOWING FOUR STIPULATIONS: 1. THE NUMBER OF TRAILERS SHALL NOT, AT ANY TIME, EXCEED THREE (3); 2. THE TRAII,ER SIZE SHALL NOT EXCEED MINNESOTA DEPARTMENT OF TRANSPORTATION STANDARDS FOR ENCLOSED TRAILERS; 3. THE TRAILERS SHALL BE ENCLOSED-TYPE ALLOWING CONTENTS TO BE SCREENED ON SITE AND FROM ADJACENT PROPERTIES; AND 4. THE TRAILERS SHALL BE STORED ON SITE A MAXIMUM OF SEVENTY-FIVE DAYS (75) PER YEAR. 3. SPECIAL USE PERMIT REQUEST, SP #01-11, BY STANLEY CUYPRYNA, TO ALLOW THE CONSTRUCTION OF A SECOND ACCESSORY STRUCTURE (GARAGE), GENERALLY LOCATED AT 128 HARTMAN CIRCLE N.E. (WARD 3): Mr. Burns, City Manager, stated that is a request to construct a 676 square foot accessory building at 128 Hartman Circle. Staff recommended concurrence with the Planning Commission recommendation to approve subject to six stipulations. APPROVED SPECIAL USE PERMIT REQUEST, SP #01-11, WITH THE FOLLOWING SIX STIPULATIONS: 1. PETITIONER SHALL INSTALL CODE REQUIRED HARD SURFACE DRIVEWAY WITHIN 12 MONTHS OF ISSUANCE OF THE BUILDING PERMIT; 2. PETITIONER SHALL OBTAIN ALL NECESSARY BUILDING PERMITS PRIOR TO CONSTRUCTION; 3. THE STRUCTURE SHALL NOT BE USED FOR A HOME OCCUPATION OR LIVING AREA; 4. ALL VEHICLES SHALL BE STORED ON A HARD SURFACE AS APPROVED BY THE CITY; 5, TOTAL SQUARE FOOTAGE OF ALL ACCESSORY STRUCTURES MUST NOT EXCEED 1,400 SQUARE FEET; AND 6. GARAGE SHALL BE ARCHITECTURALLY COMPATIBLE WITH EXISTING HOME. 4. RESOLUTION NO. 59-2001 ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT: Mr. Burns, City Manager, stated that Metropolitan Council asked if we could renew the City's commitment to provide affordable housing. The Metropolitan Council provides to each community an Affordable and Life-Cycle Housing Opportunities Amount (ALHOA). The ALHOA is the minimum amount of local discretionary expenditures to assist with the development or preservation of affordable and life cycle housing. Fridley's 2002 ALHOA figure is $96. There are pragmatic reasons for continuing such as the Livable Communities Act grant, which is looking for money to clean up polluted sites. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 59-2001. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2001 PAGE 3 5. MOTION TO APPROVE SNOW REMOVAL OPERATIONS POLICIES AND PROCEDURES FOR THE CITY OF FRIDLEY FOR 2001 THROUGH 2O02: Mr. Burns, City Manager, stated that the Street Supervisor has direct responsibility for these operations. Snow removal begins when it stops snowing, except when there are heavy accumulations. In such cases, collector streets will e plowed as soon as the accumulation creates hazardous driving. Snow removal, sanding, and salting crews are alerted to hazardous driving conditions as is the Police Department. The crews complete the collector streets first in about 4 to 6 hours. They then concentrate on ten plowing districts, plowing local streets, starting at different corners in each plowing district. All streets are cleared from curb to curb in about 12 hours. A major storm of nine or more inches of accumulation has different emergency procedures, and the crews are divided into two 12-hour shifts to plow a single lane on all streets. State and County crews follow their own procedure. Staff recommended Council's approval. APPROVED. 6. APPROVE CHANGE ORDER NO. 2 FOR STREET IMPROVEMENT PROJECT NO. ST. 2001-1: Mr. Burns, City Manager, stated that the change order includes $24,925 for driveway repairs that were not anticipated. It also includes a deduction of $56,840 for a watermain loop from Hillcrest to Ferndale. This makes a net change order of $11,915.00. Staff recommended Council's approval. APPROVED CHANGE ORDER NO. 2. 7. APPROVE 2002 CITY OF FRIDLEY HEALTH INSURANCE OPTION: Mr. Burns, City Manager, stated that after more than two years of a self-funded employee health insurance program, staff is recommending a return to a fully funded health insurance program for City employees. The recommendation is to contract with Medica for a specific plan called Medica Choice Select. Staff recommended Council's approval. APPROVED. 8. CLAIMS: APPROVED CLAIM NOS. 102189 - 102392. 9. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2001 PAGE 4 10. ESTIMATES: Lametti & Sons, Inc. 16028 Forest Boulevard N. Hugo, NIN 55038 Utility Installation for Varichak Addition Project No. 342 FINAL ESTIMATE: $21,570.00 Dave Perkins Contracting, Inc. 14230 Basalt Street N.W. Ramsey, MN 55303 2001 Street Improvement Project No. ST. 2001-1 Estimate No. 8 $93,592.10 ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the Agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: No persons in the audience spoke. PUBLIC HEARINGS: 11. PUBLIC HEARING ON ZONING TEXT AMENDMENT, ZTA #01-09, WINTER PARKING BAN MODIFICATIONS: MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:07 P.M. Mr. Haukaas, Public Works Director, stated that this amendment proposes to change the ending date of our winter parking ban from May 1 to April 1. This is due to the citizen requests and direction from Council. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2001 PAGE 5 Councilmember Bolkcom asked for background on the parking ban. Mr. Haukaas stated that the current parking ban was adopted three winters ago. A majority of the cities in the metropolitan area have a parking ban. Many have overnight parking bans. This adds efficiency to the snowplow operations. Staff did an analysis on what was being done. He stated that the ban from 2:00 a.m. to 6:00 a.m. allows staff to get out early and clear the red lone streets prior to the morning rush hour. They had problems with snowbirds when the City did not have the ban. MOTION by Councilmember Bolkcom to receive the letter from Mr. Finkelstein into the record. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Jerry Finkelstein, the property owner of 5801 Second Street N.E., stated that he understands the City's problem with the snowplowing and the ban. He has owned the property for about 15 years. Nine to ten cars park in the building's parking lot. His tenants are concerned because there is more than one vehicle per family, and the problem is that there is no room to move the cars for snow removal. They can only park on the grass and it does not look good for the community. Also, the grass will be ruined during a soft winter. There may be some other compromises that would help everyone. Minneapolis and St. Paul have odd/even snow plowing days. St. Louis Park has the same thing. The lease states that all cars have to be operable and guests must park on the street. Please reconsider this ban for ne�t year. Councilmember Bolkcom stated that there are different ways to do different things. We do not advocate parking on the grass, but is an option during the winter. She asked about the area north of the lot. Mr. Finkelstein stated that part of that property is his and asked if Councilmember Bolkcom was suggesting that he expand his parking lot? Councilmember Bolkcom stated that it is an option. Mr. Finkelstein stated that the City has an option of parking even/odd days. He would be glad to expand the parking lot if the City gives him money. He has looked into putting garages on the property that is vacant. Economically this does not make sense. Councilmember Bolkcom stated that Fridley does almost a 100 percent better job snow plowing than Minneapolis because parking is a huge issue there. How much longer would it take to do an even/odd method? Mr. Haukaas stated that staff talked about going to the odd/even plan. Generally, that is done in other cities because they are not physically capable of plowing all streets in 24 hours, and they have parking issues. The most efficient way is the way we do it—within 10 to 12 hours. Going to odd/even parking would mean plowing only half the streets. It would take 12 hours on the FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2001 PAGE 6 first day and 8 hours on the second. All those areas that are parked on would generate complaints, and there are safety concerns on icy days. Councilmember Bolkcom stated that after the streets are plowed, crews go back and do other things like clear cul-de-sacs. Mr. Haukaas stated that cul-de-sacs and intersections are opened up better generally the second day after the storm. Mr. Burns, City Manager, stated that there was some low interest loan money available for expanding parking lots. Mr. Hickok stated that he believed it was for code issues being brought into compliance with the limited resource of funding. Mayor Lund asked how old the building was. Mr. Finkelstein stated that he thinks it was built in the 1970's. Mayor Lund asked if there was a significant increase in cars and traffic in general. Mr. Finkelstein stated that in the 1970's there were a required number of parking stalls and it is grandfathered in now. Mayor Lund stated that as a community ages, single car use is outdated. We see you have a problem. Things do become obsolete and changes have to be made. The City made a change in the ban three years ago because the ban was outdated. Mr. Burns stated that the parking ban is a problem in the area south of the interstate with the parking ban because of all the cars parked in the street. Mr. Finkelstein stated that he wants to complement the reasoning and explanation. There are more cars and people living on his property. St. Louis Park has an outstanding snow removal service and they do not have bans on every street. Golden Valley has the same thing. Minneapolis and St. Paul have more areas to cover. His problem is that the City is saying that he could build a parking lot but he does not see the City coming up with any money. He should not encumber himself because of that option. Mayor Lund stated that he understands there is a hardship but they cannot make ordinances that are going to influence or affect people in all regards. He also has commercial property with limited parking. He screens possible tenants about their future car needs. Councilmember Billings stated that if the street is not plowed curb to curb overnight, there is no parking on the street the ne� day. Mr. Haukaas stated that was correct. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2001 PAGE 7 Councilmember Billings stated that one of the main reasons for imposing the winter parking ban was to try to get people accustomed to not parking on the street overnight in case it snowed overnight. This requires people to have cars off the street all the time so they are not in a mad rush at the time it snows. Mr. Haukaas stated that was correct. Councilmember Billings stated that if you are on the street at 3:00 a.m. and the street is not plowed, you have the potential of getting two tickets for violation of the snow emergency and one for violation of the overnight parking ordinance. Mr. Haukaas stated that was correct. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:50 P.M. OLD BUSINESS: 12. FIRST READING OF AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, TO REPEAL CHAPTER 113, ENTITLED "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION" AND ADOPT A NEW CHAPTER 113, ENTITLED "SOLID WASTE DISPOSAL AND RECYCLING COLLECTING" (TABLED SPETEMBER 17, 2001): Ms. Jones, Environmental Planner, stated that she put together a comparison of the current code and what is proposed. The current code pertaining to solid waste management states that the City does not allow garbage containers of more than 32 gallons unless approved by the City. The proposed language does not allow garbage containers over 32 gallons unless the container is provided by the hauler and approved by the City. In the current code, containers cannot be placed on the curb on collection day and must be within 3 feet of buildings. In the proposed code, containers may be placed at the curb only on collection day. In the current code, containers must be screened from the view of the street. The proposed code allows containers to be stored in view of the street but not in the front yard setback In the current code, yard waste can be placed at the curb in yard bags or bundles. In the proposed ordinance, yard waste can be placed at the curb in bags only until the ne� collection day. In the current code, recycling service fees or utility bills are set by ordinance. The recycling service fees were changed so that they could be set at smaller increments rather than large increases. In the current code, owners of large apartment buildings need to provide recycling collection of three categories of recyclables. In the proposed code, owners of large apartment buildings need to provide recycling collection of four categories of recyclables which is a State requirement. In the current code there is no notification of labeling, placement, or accessibility requirements for multi-unit recycling. In the proposed code, it states owners must notify tenants annually of recycling services and FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2001 PAGE 8 make sure they are labeled and accessible as garbage containers. The cart must also be kept on a paved surface so it is accessible year round. Ms. Jones stated that in the current code, theft of recyclables is illegal. The wording has been changed, making it a misdemeanor. In the current code, composting is permitted on residential property. In the proposed code, it is permitted on residential and publicly owned property. In the proposed code, compost areas may not be placed closer than 25 feet to a waterway or 20 feet to a dwelling unit on an adjacent property. in height. In the current code, there are no requirements for maintaining a compost area. In the proposed code, it states the compost area must be maintained in order to prevent odors or a public nuisance. In the current code, there are no prohibitions on the length of use of large construction waste bins. In the proposed code, construction waste bins may not be at the location more than three consecutive months. In the current code, the term of solid waste hauler license is from May 1 to April 30 and the recycling license is from June 1 to May 31. Ms. Jones stated that in the current code, there are six different types of hauler licenses and the proposed ordinance has four different types of hauler licenses: for residential, commercial waste, recycling collection, and construction and demolition waste. The current code requires information about vehicles used, scheduled services and disposal location. The proposed code requires information on the number of customers, the fee schedule, a route map, and a description of containers provided to the customers for refuse. the proposed language states that the hauler must carry $500,000 general liability as well as Workers' Compensation insurance for employees. Ms. Jones indicated that the current code does not have recycling requirements placed on the haulers. The proposed code requires recycling collection of four categories based on the multi- unit owner's requirements, so there cannot be any dispute. The current code does not have any procedures for revocation of a hauler's license. The proposed code established procedures for a hauler's license revocation for lack of compliance with code. Ms. Jones stated that the language proposed is what Staff is recommending. Councilmember Bolkcom stated that the proposed language states that garbage may be placed out at the curb the day before collection up to 9:00 p.m. the day of collection. Ms. Jones stated that was correct. MOTION by Councilmember Barnette to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. Councilmember Barnette stated that Ms. Jones has done a very good job in listening to comments and preparing the ordinance. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2001 PAGE 9 13. RESOLUTION APPROVING THE COMPREHENSIVE PLAN FOR THE CITY OF FRIDLEY AND AUTHORIZING STAFF TO DISTRIBUTE TO THE METROPOLITAN COUNCIL (TABLED OCTOBER 8, 2001): Mr. Hickok, Community Development Director, stated that this is a planning tool intended to help guide the future growth and development of the community. It ties various elements of the City together. The chapters include the Preface, Community Vision, Community Overview, Land Use, Housing, Transportation, Park, Trails, and Open Space, Sanitary Sewer, Critical Area Plan, and Plan Implementation. In 1997, the City of Fridley began its process of updating the Comprehensive Plan. Metropolitan Cities were required to do that by a date certain. Several planning areas were broken down into sizable work groups and there was good turnout for the work groups. In July 1998, staff worked with Hoisington/Koegler Group, Inc., to rewrite the Comprehensive Plan. In October of 19991oca1 water plans were due to the Metropolitan Council and were dovetailed in lieu of our Comprehensive planning process. On December 13, 1999, City Council authorized staff to submit their amendments to the Comprehensive Plan along with the local water plan. The review of the plan by Metropolitan Council occurred in late 2000. Minor modifications were suggested. In March of 2001, staff received a list of modifications and a letter from the Metropolitan Council. Staff worked with the consultants to make those changes and distribute those changes to the City Council and Planning Commission. The City's Surface Water Management Plan and other chapters required minor modification and the Metropolitan Council approved that document on June 7, 2001. Tonight, Council must pass a resolution signifying concurrence with the final document and authorizing staff to distribute the document to the library and to administrative staff. Staff recommended approval of this resolution to utilize the plan as a tool in future decision-making and updating as required. Councilmember Barnette asked why the City needs to comply to a non-elected body such as the Metropolitan Council and what would happen if the City of Fridley did not submit the plan? Mr. Hickok stated that the City of Fridley is required to follow the Municipal Land Planning Act that requires a Comprehensive Plan. We are governed by a regional planning agency for our utilities and roadways. That system requires a Comprehensive Plan in compliance with State law. The City would be in non-compliance with State law and subject to penalties, if a plan was not submitted. We plan to use the document to help understand what our citizens want and to help make future decisions. Councilmember Barnette stated that this requirement is passed by the State legislature, not by the Metropolitan Council. Mr. Hickok stated that was correct. Mayor Lund stated that this is a guiding tool and it should be used for reference. Councilmember Bolkcom stated that we received some money to actually work on this even though it did not cover all the money spent. Mr. Burns, City Manager, asked if the plan was the framework for the zoning law. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 2001 PAGE 10 Mr. Hickok stated that was correct. MOTION by Councilmember Bolkcom to adopt Resolution No. 60-2001. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 14. INFORMAL STATUS REPORTS: Mr. Burns stated that the citizen survey has been completed. He wanted to thank the 500 people who were polled for their time. Bill Morris, Decision Resources, Inc., will be at the meeting to discuss the results. You can contact the City Manager's office for copies of the survey if needed. ADJOURN: MOTION by Councilmember Bolkcom to adjourn the meeting. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE NOVEMBER 5, 2001, CITY COUNCIL MEETING ADJOURNED AT 8:34 P.M. Respectfully submitted, Signe L. Johnson Scott Lund Recording Secretary Mayor