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06/09/2008 - 29264CITY COUNCIL MEETING CITY OF FRIDLEY JUNE 9, 2008 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Don Abbott, Director of Public Safety John Berg, Fire Chief Richard Pribyl, Finance Director PRESENTATION: 2008 Values First Community Recognition Awards: Business: Mojo's Pizza Youth: Lindsey Paradise Fridley `49er Days Royalty. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of May 19, 2008 APPROVED. NEW BUSINESS: 1. Resolution Approving Special Legislation (Northstar Transit Station Project). Williams Burns, City Manager, stated Council approved a similar resolution on May 5. The earlier legislation provided Council's approval of State legislation that gave the City authority to use funds from three post-1990 TIF districts for Northstar Rail Station related expenses. Additionally it allowed the City to create a Northstar Transit TIF district to aid in the FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 2 development of the station. The current resolution approves a second Fridley bill that was passed in the final days of the 2008 session. The second bill clarifies the number of parcels that can be included in our transit TIF district. It also clarifies eligible expenses and gives us the ability to create an unlimited number of TIF districts through 2017 in the approximately 150-acre area that is recognized as having TIF district authority. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 2. Special Use Permit Request, SP #08-07, by Michael Jackson (Franklin Builders) to Allow Limited Outdoor Storage on the Property Generally Located at 7865-69 Beech Street N.E. (Ward 3). William Burns, City Manager, stated petitioner asks that he be allowed to use a 24-foot by 50- foot fenced-in area for storage of building materials. Staff concludes that the request is within the bounds of permitted outdoor storage in the S-3, Heavy Industrial Onaway zoning district. Staff recommends Council's approval subject to five stipulations. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. Special Use Permit Request, SP #08-08, by Amsum & Ash, Inc., to Allow Limited Outdoor Storage on the Property Generally Located at 30 — 52nd Way N.E. (Ward 3). William Burns, City Manager, stated the petitioner, Zachary Hallberg, is requesting that he be allowed granite slabs outdoors in two separate fenced-in areas. Since the amount of square footage within each of the two areas is cumulatively much less than the amount of space allowed by the City Code, staff recommends approval of the request subject to four stipulations. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4. Receive Plans and Authorize Advertisement for Bids for Water Tower No. 2 Rehabilitation, City of Fridley Project No. 377. William Burns, City Manager, stated the project consists of repair and repainting of inside and outside surfaces of the 1.5 million gallon storage tank The bids will be open on July 2 and the work will begin in late August after the peak water demand has ended. The estimated project cost is $1,175,000. The item is included in the 2008 water capital improvements budget. Staff recommends Council's approval. APPROVED. FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 3 5. Claims (136831-137104). APPROVED. 6. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 7. Estimates. APPROVED THE FOLLOWING ESTIMATES: Standard Sidewalk 10841 Mankato Street N.E. Blaine, NIN 55434 2008 Miscellaneous Concrete Repairs No. 375 Estimate No. 1 ............................................. $ 7,812.45 Midwest Asphalt 5929 Baker Road Suite 420 Minnetonka, MN 55345 2008-1 Street Improvement Project Estimate No. 1 ............................................. $127,594.26 APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked that Item Nos. 1, 2 and 3 be removed. MOTION by Councilmember Barnette to approve the consent agenda as presented with the removal of Item Nos. 1, 2 and 3. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item Nos. 1, 2 and 3 from the consent agenda. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 4 OPEN FORUM: Patty Halverson, Development Specialist for Central Center, stated based on all the budget cutbacks at the various levels, they are really struggling as a non-profit. They are moving from Spring Lake Park to Fridley next year. They will be challenging the Mayor to spearhead their roof-raiser next year in Fridley. Kathy Samilo, Executive Director for Central Center, stated they are a non-profit mental health agency and are moving to 79th Avenue and University in Fridley. They have been around for almost 30 years. They are a full-service children's mental health agency. In 2007, they saw 419 people from Fridley. Of that they saw 88 at-risk kids from Fridley High School and Fridley Middle School at no charge to their families. Their agency has child psychiatry and a number of day treatment programs. They have 25 licensed staff who work with kids. The reason they came tonight is because they are struggling a lot. She said she knows money is very tight this year, but she is hoping that next year the City could possibly provide them with some funding. They are asking basically for a$10 contribution per family. They saw over 3,000 people last year for Anoka County. Ms. Halverson stated their goal is to raise $20,000 through July from business and individual donations. They are at about $6,000 right now. They will be sending out a mailing. Councilmember Barnette asked what their address would be. Ms. Halverson stated their new address is 7954 University Avenue NE. John Berg, Fire Chief, stated he is responding to comments at a previous Council meeting in regards to the Columbia Heights moratorium on rental housing licenses. On May 12, the City Council for the City of Columbia Heights declared a rental license moratorium for a period of six months, so they could further study the issues in their city. He had the opportunity to speak with Fridley staff, Columbia Heights staff, and also our City Attorney in the last two weeks. The City staff and City Attorney recommended that we not pursue a moratorium on rental licenses. There are a number of reasons for doing that. The City of Fridley has taken the initiative to seek out unlicensed properties, and Columbia Heights has not had the opportunity to do that at this point. We have been very successful in seeking out single-family home licenses and by doing that, we are able to enforce the codes of the City. By continuing to license properties, we have the ability to enforce the codes that have been active in our City; and we also have the opportunity to conduct programs similar to those Columbia Heights is suggesting in terms of education and regulation. We also believe that some of the alternatives would have a very negative impact. Those alternatives are basically property owners potentially losing their property and having vacant buildings which would also be problematic in terms of abatements and staff time. Staff's recommendation is not to impose a moratorium on rental housing licenses in the City of Fridley. Mayor Lund asked if there would be legalities involved. Fritz Knaak, City Attorney, replied, yes, it does. Whenever you enforce a moratorium you are allowed to conduct a study city-wide for purposes of health, safety, and those kinds of things. FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 5 This works if you are dealing with something new. For example, Fridley did it when there were cell towers. That was a relatively new phenomenon. There were not a lot of them up, and there were some concerns about how that would impact the City at large and whether the City could respond in time and plan, etc. In this case, you are eliminating a use that is already in existence. Basically what you are limiting is the expansion of a use and you may run into the possible legal argument that you are treating somebody unfairly. Mayor Lund said staff has been pretty diligent in getting a number of non-compliant rental property under the umbrella of our rental licensing program. He asked if they had any idea of how many are not in compliance. Chief Berg stated he does not have a specific figure. They have licensed over 100 new properties. Some have come forward. Some through our process of seeking them out. We suspect that there are more properties with the economy and housing market. In some cases, it is people who do not know they have to have a license. In some cases it is people who are just blatantly avoiding us. They suspect there are probably another 100 to 200 properties that they have not had the opportunity to seek out. They have looked at the non-homesteaded properties and now they are looking at the homesteaded and going through the utility billing. Mayor Lund stated so there are some resources they are using to search. At one point he thought staff was going door to door. Chief Berg replied that was in response to people who did not answer letters they sent out. They have sent out several notices to non-homesteaded properties, and some people just did not answer. Mayor Lund said so it is staffs' opinion that we do not do this because they feel they have a pretty good handle on the rental license program. Chief Berg stated he agrees. Councilmember Bolkcom asked Mr. Pribyl when he gets a change of address does they send it to the Fire Department to check or do they check to see if it is homesteaded or non-homesteaded. Richard Pribyl, Finance Director, replied, they have not in the past, but at this point in time there actually is coordination between departments with the utility billing changes. Councilmember Bolkcom asked "coordination" meaning what? Mr. Pribyl replied, comparing who has what name in conjunction with these addresses. There definitely has been a concerted effort to actually compare the databases we have so if there is a red flag, they follow up on it. Councilmember Bolkcom stated she was a little surprised when he said they are doing it now because she thought about a year ago when they got a new rental inspector in personnel they were talking about coordinating that. She asked if it has been ongoing. FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 6 Mr. Pribyl replied it probably started about a year ago. Councilmember Bolkcom asked if they had a good process in place now. Mr. Pribyl replied, yes. Councilmember Bolkcom stated going back to when Chief Berg said there have been 100 properties, she asked if there have been a lot of problems when they have done inspections. Chief Berg said they are following their procedure which is the property obtains a license and then they inspect the property. With the single-family dwellings that they have sought out, they have not seen a lot of code issues. Councilmember Bolkcom said they get inspected once every four years after that. Chief Berg replied, correct. Complete inspections are done once every four years. They do exterior inspections every other year. Councilmember Bolkcom said with respect to the memorandum, it states that staff continues to study the issues and will make recommendations for code changes. She asked what they were thinking along those lines. When she read about the moratorium it seemed like a good thing but, now that she hears some of the other reasons, she is wondering what other things they will be getting at. Chief Berg replied, in terms of enforcement, there are some other things they are looking at in terms of possibly registering tenants. If they go to a property, most likely a single-family one, they would have a registry of who lives there at any time. That helps them in their enforcement of properties where they have posted buildings. They have had some problems with that in the past. They have also had some issues with hazardous buildings in terms of asking people to leave or protecting those people. They are also looking very hard at education for new property owners. He has spoken with Don Abbott and Scott Hickok about offering programs through an organization for new rental property owners. He thinks it is important to note that this is not just a Fridley issue. This is certainly a metro Twin Cities issue, a statewide issue, and even possibly a national issue. He thinks our staff is tuning in now with the other programs available and trying to work with property owners to help them succeed. Councilmember Bolkcom asked if they were thinking about going back to a renters coalition or something like what they used to have in the past. Chief Berg said they have talked about that, but he is not sure where they will go at this point. They have worked with members of the Minnesota Multi-Housing Association. They offer programs, and they are watching very closely what the other cities are doing. They believe that by continuing to enforce the codes, educate owners, and bring them into our program, they will have the best chance for success. FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 7 Councilmember Bolkcom asked what kind of coordination there is with the Police Department. Chief Berg stated they have an investigator who is assigned to rental housing. The rental housing assistant and inspectors work very closely with that detective. They do have communication, and he thinks Don Abbott would agree that they have not directly tied crime and these issues to rental housing. It happens in private residences as well. He thinks the issues tend to be more associated with the multiple dwellings vs. the single-family dwellings. Councilmember Bolkcom asked Chief Abbott when they go out on police calls are they able to determine if it is a rental property. Don Abbott, Director of Public Safety, replied, yes. It is actually incorporated into their police reporting system that when an officer responds to certain types of calls as specified by our code (examples are drug, assault, and disorderly conduct which are the most common) there is a checkbox right into the reporting system and it is automatically routed to Detective Nick Kaufer. Detective Kaufer reviews it and they send out warning letters. If a tenant has three specified violations, they can actually by code prevent the landlord from renting that apartment for a short period of time. They have not had to do that because after the second call of one of those types, when they notify the landlord, they are not going to take a chance on the third one and they go ahead and move for eviction. Councilmember Barnette stated it would be very helpful for people to keep their eyes open to let the City know if a home appears to be rented so they can stay on top of it. Mayor Lund asked Chief Abbott to give an update on an incident that occurred recently in the neighborhood surrounding the LivInn Suites. Chief Abbott stated the incident occurred last Wednesday evening, shortly after midnight. There were a lot of police officers assisted by two bail bondsmen. The bail bondsmen had determined that a person wanted on a warrant and on whom their contract person held a bond on, was currently visiting a registered guest at the LivInn Suites, 5201 Central Avenue NE. The bail bondsmen and two police officers went and tried to contact the person and make the arrest. The person jumped out the back of the unit, and ran from the building, encountered another bail bondsperson. The individual pointed what was reported to be a handgun at the bail bondsman, and ran east into the neighborhood. Several Fridley officers, assisted by the Coon Rapids canine unit, basically formed a perimeter around that neighborhood, searched through the backyards, and looked in any open garages, sheds. LJltimately after about a two and one-half hour search, the person was not located. Chief Abbott stated overall, the situation down LivInn Suites has improved. The calls to LivInn Suites at this time of year compared to last year are down about 8 percent. The more serious crimes dropped from 16 reported calls last year between April 15 and June 9 to 11 this year. Also, they have had no reports of assaults. The calls are mostly thefts, fraud, and disorderly conduct. They have had no reports related to drugs and no reports related to prostitution. Their next regularly-scheduled monthly meeting is tomorrow morning when they meet with the management. FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 8 Councilmember Saefke asked if Chief Abbott thought there was cause for alarm for the safety in that neighborhood. Chief Abbott replied, what they have not seen is a spillover of any type of violent conduct into that neighborhood. There is a potential. This is not the only neighborhood in the City where they have chased armed people. Councilmember Saefke stated he knows that neighborhood has been robbed a number of times robbers. Chief Abbott replied, yes. Twin City Federal which is in the same . He asked if any of those were by armed Councilmember Saefke stated and the potential for the perpetrator to run up into that neighborhood is no more or no less than someone at the LivInn Suites. Chief Abbott replied, that is correct. That is fleeing east from the TCF Bank It has been a fairly common escape route for robbers through the years. NEW BUSINESS: 1. Resolution Approving Special Legislation (Northstar Transit Station Project). Councilmember Bolkcom asked Mr. Hickok to go through the map of the proposed transit and also go through some of the TIF districts that are expiring that they are going to be using. Scott Hickok, Community Development Director, stated in their staff report, there was mention of 45 parcels in the district. There has been discussion of developing the Holiday/Cub Foods site and the JLT site that is on the verge of redeveloping at I-694 and East River Road. With the advent of the station in this neighborhood, there is also potential for other development. This district was created to allow the City to capture increment and make improvements to enhance the area, to provide access to the station site, to make it more sustainable and commerce friendly and provide better transportation routes. Mr. Hickok said legislation reviewed earlier this year was relative to three tax increment districts that were expiring. They were pre-1990 districts and were districts that could not otherwise be pooled. If the City wants to use funds like this, it is an act of the legislature that makes that happen and not something Council can do. They have said that we can use the increment from three expiring districts. District 11, which is the University-Osborne District, was created around the area of the intersection at 250 Osborne Road. At the time this district was created, it was a 25-year district, with the idea that the former Cub Foods store would be redeveloped into a new commercial entity and there would be other development that could occur around that area. That district has nearly run its course and was about to be decertified. There were funds in that district that could be used now in our transit district thanks to the legislative action at the Capitol this year. FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 9 Mr. Hickok stated also, District 12, the McGlynn's Bakeries District, was created to help the former Pillsbury-Totino factory which then became McGlynn's Bakery and to allow them to do other development that would help our industrial commerce package and also bring tax increment dollars to the City. Thanks to the legislature, by passing the resolution in April, we were able to take what would eventually be $2.7 million from these two districts plus a third district called the Satellite Lane District. It is a small four-acre piece of property on Satellite Lane immediately adjacent to the Rottlund Development across the street. That district was created to further enhance the Rottlund redevelopment. Again the district is to be decertified and those funds could be captured for use around our Northstar station site. Councilmember Bolkcom asked Mr. Hickok would it be fair to say that right now there are no City plans for any redevelopment in the area near the Northstar station site. Mr. Hickok replied, yes, that is true. There is no formal application on any one of those 45 parcels at this time. MOTION by Councilmember Bolkcom to adopt Resolution No. 2008-24. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Special Use Permit Request, SP #08-07, by Michael Jackson (Franklin Builders) to Allow Limited Outdoor Storage on the Property Generally Located at 7865-69 Beech Street N.E. (Ward 3). Councilmember Bolkcom said she had a question about Stipulation No. 4. Is it our normal routine to allow them 30 days within the issuance of the special use permit. Why is it not provided before the actual issuance of the special use permit? Mr. Hickok replied, part of it is the type of use that is there. They have a combination building. On one side is a body shop and on the other side are building materials. This was really a safety net so they are aware that it is not going to just be a catchall, it is going to be outdoor storage the City is going to be critical of. Councilmember Bolkcom asked whether he thinks the petitioner is pretty clear on that and also to the storage of vehicles. Mr. Hickok replied, certainly, Mr. Jackson is here tonight. Ms. Stromberg and Mr. Jackson have worked closely on this matter. Staff is comfortable with the outcome of this process. Councilmember Bolkcom asked why Stipulation No. 2 regarding the number of parking stalls was there. FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 10 Mr. Hickok replied there have been issues with vehicles parked on the street. There have been times where there have been vehicles out on the street that have been dropped off for repair. They are less than operable. Any use that spills its vehicles onto the street around it is subject to scrutiny, because it should be self-sustaining. This stipulation helps makes sure they have the number of stalls they are supposed to have on their site. Councilmember Bolkcom said and any time after this special use permit is issued, if they are not compliant with the stipulations, it can be reviewed by the City Council. Mr. Hickok replied that is the beauty of a special use permit. They need to review special use permits annually. Councilmember Bolkcom asked Mr. Jackson if he was aware of the stipulations. Mike Jackson, Franklin Builders, stated they were aware of the stipulations. Sometimes they get a lumber truck, etc. and they will have to take cars out of the driveway and put them on the street. He asked if that would be an issue. Mayor Lund said but it is for a relatively short period of time? For 20-30 minutes? Mr. Jackson replied yes. Councilmember Bolkcom stated but the history has not been that it was not something that was just dropped off and then brought in to be serviced. It sat there for some length of time. MOTION by Councilmember Bolkcom to approve Special Use Permit Request, SP #08-07, by Michael Jackson (Franklin Builders), with the following six stipulations: 1. The petitioner shall submit a site plan to City staff within 30 days of issuance of this special use permit identifying the location of 9 code compliant parking stalls. 2. Nine code compliant parking stalls shall be striped within 60 days of issuance of this special use permit. 3. No outdoor storage other than the existing enclosed area in the rear yard shall exist on the sit without an additional special use permit being approved. 4. The petitioner shall receive approval from the Fire Marshall for the types of materials stored outside within 30 days of issuance of this special use permit. 5. No junk (inoperable or unlicensed) vehicles shall be stored on site. 6. All vehicles shall be parked in designated parking stalls. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 11 3. Special Use Permit Request, SP #08-08, by Amsum & Ash, Inc., to Allow Limited Outdoor Storage on the Property Generally Located at 30 — 52nd Way N.E. (Ward 3). Councilmember Bolkcom asked if Petitioner could request additional storage space in the future. Mr. Hickok replied our special use permit provisions in a heavy industrial district allow for up to 50 percent of the floor area of the principal building. They have two smaller areas that they are using that is not quite up to 50 percent of the floor area they are building. If they chose to in the future, they have a little room to expand. However, the City is very specific about the areas they can use. Councilmember Bolkcom stated in the reviewing the number of parking stalls, they are one short, but City staff feels there is enough parking at that site. Mr. Hickok said they have proven they do not need the parking stalls that they have. MOTION by Councilmember Bolkcom to approve Special Use Permit Request, SP #08-08, by Amsum & Ash, Inc., with the following four stipulations: 1. No outdoor storage other than the proposed two designed areas shall exist on the site without an additional special use permit being approved. 2. Screening gate to outdoor storage area shall remain closed to allow proper screening unless in use. 3. All of the business' unauthorized signs need to be removed from the site and surrounding neighborhood. 4. Free-standing signage on site requires sign permit approval. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS: 8. Consideration of an Ordinance Amending the Fridley Home Rule Charter, Chapter 2. City Council Organization, Chapter 3. Procedure of Council, Chapter 4. Nominations and Elections, Chapter 5. Initiative, Referendum and Recall and Chapter 6. Administration of City Affairs. MOTION by Councilmember Barnette to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 12 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 8:51 P.M. Mr. Pribyl stated over the past few years, the Fridley Charter Commission has been reviewing the City's Charter chapter by chapter. This is one of the roles of the Commission to review and recommend changes to the document to ensure consistent terminology throughout this document. Also, its role is to ensure that new State Statute changes are incorporated so we are in compliance with the law. In this process our charter was compared to a number of other charters throughout the state. The Charter Commission has completed their review of Chapters 1 through 6. Generally these changes are non-substantive in nature. In January, Council was provided with a list of recommended changes for review and comment. Based on their review, the Charter Commission is recommending a number of changes to the Charter by ordinance. Mr. Pribyl said there were no recommended changes for Chapter 1. In Chapter 2, Section 2.02.1, language was added to provide further reader clarification. Section 2.02.6, changed the language to make it consistent with State statute language. In Chapter 3.01, the Charter Commission felt that the practice for setting Council conference meetings has been done when regular Council meetings are set and formalized this practice. In Section 3.02, a one-word change was made that has Council approving a secretary for their meetings that has been selected by the City Manager. In Sections 3.04 and 3.06 the word "noes" was changed to "nays." In Section 3.10 a change was made to the codification requirements from 5 to 10 years due to the nature of technology and the ability to maintain all ordinances in a recodified format on a regular basis. Mr. Pribyl stated in Section 4.02 they cleaned up the language a little bit in this area, changing it from "regular" to "general" which is statutory wording. Regarding Section 4.08, they changed the language to be consistent with State law regarding procedures pertaining to primary and general elections. In Chapter 5.02, a wording change was made for clarification in that section. In Section 5.07 the number of days in this section was changed to be consistent with State law. In Section 5.12.1, language was inserted to clarify requirements for referendum petitions proposing repeal of Charter amendment. The sections were also renumbered. In Section 5.13.4 a slight language change was made to clarify meaning. In Sections 5.14 and 5.19, the number of days was changed from 49 to 53 to be consistent with State law. Section 5.21 changes the order of the paragraphs in order to clarify the meaning and intent related to a recall ballot. Mr. Pribyl said in Section 6.06 "rental or lease" was added. The Charter Commission has taken these recommendations and now formalized them into ordinance form. Councilmember Bolkcom asked Mayor Lund and Attorney Knaak if they had reviewed the ordinance changes and feel comfortable with them. Fritz Knaak, City Attorney, replied, he has and he does. Councilmember Bolkcom asked if they needed to have a secretary at the conference meetings. Dr. Burns replied, no, they do not have a secretary at the conference meetings. FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 13 Councilmember Bolkcom stated she felt they should have the City Attorney review that and see if they are in compliance. Mayor Lund asked William Holm from the Charter Commission if these changes were unanimously approved by the Charter Commission members. Mr. Holm replied, yes. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 8:57 P.M. 9. Consider Special Use Permit, SP #06-11, for Central Auto Parts, to Operate a Salvage Yard, Generally Located at 1201 — 73 �/z Avenue N.E. (Ward 2) (Continued November 5, 2007). MOTION by Councilmember Varichak to remove the item from the table. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE ITEM REMOVED FROM THE TABLE AT 8:58 P.M. Scott Hickok, Community Development Director, stated several years ago this item was before Council. There was a pre-1973 special use permit and there were issues of compliance. The item was called back in 2003, and a new special use permit was assigned with a five-year timeline to bring into compliance all those things that should have happened in or around 1973 that did not. Mr. Hickok stated in 2006 we took a look because there were some steps in that five-year process that should have been completed, and we were concerned that we were not seeing that process. They brought the item back before Council, reported about the lack of progress, the special use permit was revoked, and a new one was then put in place that gave a tighter timeline for completion of items. Mr. Hickok stated as of June 2007, the business was not in full compliance but had Rice Creek Watershed approval which is a big accomplishment. This meant their pond/storm water runoff was designed so it could now be managed on-site. By November 2007 half the yard had been paved, but the contractor could not finish because of seasonal issues. The business was given until June 1, 2008, to finish everything. Mr. Hickok stated the paving is now complete but other items have not been completed yet. Right now they are seeing new curb and gutter, asphalt, and storm water management. There are striped parking stalls and parking lot management that has people not parking on the street. The FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 14 remaining stipulations are to complete a site plan; complete landscape and irrigation plan needs, and to install a screening fence inside the south property line. The survey has showed the fence is actually on public right-of-way and not on private property. That does get to be problematic. He has spoken to Mr. Haluptzok and he is concerned because some of the posts are actually anchored in concrete with the new curb and gutter. He is working with his brother who is an architect and staff is confident there is a solution. Finally, they also need to install landscaping and irrigation and comply with all the City codes relative to storage, parking, screening and drainage. Mr. Hickok stated the fence is not in great condition although the owner has replaced slats and made attempts to clean it up and block the view into the yard. The storm water treatment improvements do not need the approval of the Rice Creek Watershed District right now. Currently, the site does not fully comply with their plan. So they are in the midst of working on that. The District is offering 30 days to correct water flow complications and 14 days to install a rain garden in the front yard. The water quality concerns have been temporarily averted by blocking the pond outlets. Mr. Hickok stated an incredible amount of expense has been taken on by the property owner. He thinks there really is a willingness and ambition to comply, and a lot of money spent to make that compliance happen. The business owner is now getting assistance to complete the remaining stipulations from his brother who is not only an architect but also an experienced developer. His brother has spoken with staff and they are very confident that he, too, is aligned with staff on this and is on a mission to get this done during the planting season. Mr. Hickok stated they are recommending continuing this public hearing until September 15 with a September 1 deadline to meet all of the City's remaining stipulations. Mayor Lund asked how much is the fence on the right-of-way. Mr. Hickok replied, he believes it varies between one foot in some locations to as much as three feet. Mayor Lund asked Mr. Haluptzok if he had any problems with the remaining stipulations and the timeline that staff has suggested. Jerry Haluptzok, Central Auto Parts, stated, no. Mr. Hickok stated regarding the fence, it is not the only property where that has happened. He said he thought part of the problem is one of the other properties' fence was off the property line first. The neighboring property to the east is under that same situation. They have a metal building now inside their fence that they are going to need to take down, and they are going to need to move their fence in also. Councilmember Bolkcom stated it looks great and Mr. Haluptzok has done a lot of work She asked if staff felt confident that the rest of the stipulations can be accomplished by September. FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 15 Mr. Hickok replied after talking to Mr. Haluptzok and his brother, he is confident they will get it done. Councilmember Varichak asked why was it was not done previously. Mr. Haluptzok replied none of that could be completed until all the other stuff was done. He could not have them come in and put the irrigation in until they are done. The two ponds in front of the building Rice Creek just came out last week and they did not approve that. So now they have to come in and dig those out again. Once the people are in there and do everything the right way and Rice Creek approves everything, then the rest of it will be easy. Councilmember Varichak stated it has to be done in September. MOTION by Councilmember Varichak to continue the public hearing to September 15, 2008. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CONTINUED AT 9:16 P.M. OLD BUSINESS: 10. Resolution Revoking Special Use Permit, SP #06-11, for Central Auto Parts, to Operate a Junkyard in an M-1 Zoning District, Generally Located at 1201 — 73 �/z Avenue N.E. (Ward 2) (Tabled November 5, 2007). MOTION by Councilmember Varichak to table this item to September 15, 2008. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 11. Resolution Receiving Revised Plans and Specifications and Reauthorizing the Advertisement for Bids of Street Improvement Project No. ST. 2007-3 (Quiet Zone Project). Don Abbott, Director of Public Safety, stated Federal law requires an engineer of railroad locomotives upon approach to every grade-level crossing to sound a horn. Federal law provides for a process whereby local jurisdictions can designate a quiet zone wherein the Federal Railroad Administration or the FRA would order engineers to not routinely sound their horns. Residences in close proximity to the Burlington Northern Santa Fe or BNSF railway crossings at Osborne Road and 77th Avenue have voiced a desire to implement a quiet zone covering these two crossings to improve their quality of life. Council directed staff to proceed with quiet zone development at its August 28, 2006, meeting. FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 16 Chief Abbott stated regarding rail traffic on the BSNF inain line, there are two tracks there currently. Traffic has doubled in the past 15 to 20 years and increased from about 30 trains a day to 60 trains a day now. Northstar Commuter Rail is expected to add 12 trains per day once it is up and running. Quiet zones require implementation or construction. Oftentimes, supplemental safety measures or SSM's at the crossings are included in the quiet zone to maintain or enhance the safety in the absence of train horns. Quiet zone approval requires that any and all crossings within one half mile of each must be considered together as one quiet zone. In other words they cannot just treat 77th or Osborne and get the whistle shut off at one crossin�u or the other, we have to do both or neither one. For Fridley this requires us to upgrade both 77t Avenue and Osborne Way with barrier medians. This is the most cost effective and most effective method from a safety standpoint. These barrier medians would be approximately 100 feet in both directions from the tracks in order to qualify. Concrete medians will be at least 4 feet in width. At times, they will flair out wide and will be 6 inches in height. There is evidence showing an increase in traffic safety with these medians absent train horns. So it is an overall improvement for safety to do this as well. Chief Abbott stated throughout the past few years, staff has met with representatives of FRA, BNSF, MnDOT, and Anoka County. We have also worked extensively with private properties whose driveway accesses will be affected. Staff submitted plans to all required entities in 2007 and opened the project for bids based on preliminary plan reviews at that time. That plan submission was in August/September of last fall. During that period, we were advised of significant comments on the project, specifically on Osborne Road. Staff recommended rejection of those bids in October 2007. Significant plan modifications were made. Chief Abbott stated also property owners have been contacted, and we continue to work with them as they develop their plans and updating them on where we are going. We submitted all the plans that were required by notification of intent to create a quiet zone in the Federal rule. There is a 60-day comment period which will expire July 26. During that time, we will either receive written notification back from the entities, BNSF, FRA, MnDOT, that they have accepted our plans. They can simply not respond in which case the 60-day window has to expire before we can then assume that they have no comments on our plan or they could comment back and request modification to our plans. Assuming approvals are received from all required entities, construction is anticipated to begin by late summer of this year. Following construction, the involved entities have a period of time to inspect construction for adherence to the plans before the FRA issues the actual quiet zone order. That is a 21-day review period window. Staff has prepared a resolution for Council designating the Public Works Director as the engineer for this improvement and authorizing the advertisement for and receipt of bids. Staff recommends approval of the resolution. Mayor Lund stated so the big thing is now during this comment period that they do not come up once again with some modifications or changes. Chief Abbott stated, correct. They do know we are very interested in moving this project along and we are going to be communicating with them during the 60-day period from time to time to see if we cannot bring this to an earlier conclusion. FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2008 PAGE 17 Chief Abbott stated they have met so much with these entities over the last couple of years on site showing them plans that there should not be any surprises. If there are modifications, they would expect them to be minor. Councilmember Bolkcom asked if Anoka County has the funds to pay for the median to extend out to East River Road. Chief Abbott replied the County Engineer indicated they would pay for the median in excess of what is required. He believed about 4 to 6 weeks ago it was actually designated with a project code number at the County. Councilmember Varichak asked from start to finish, how long has this been going on? Chief Abbott replied they have been working on this for just over four years. There was a moratorium initially on any new quiet zone application while the Federal government reviewed its rules and adopted new rules on quiet zones. We held off even a slight period of time after the new rule came into effect anticipating that the Northstar Commuter Rail would have an impact on our rail corridor. At that time, we were expecting a third main line to be added. As soon as we found out that the third line option had been dropped, we started pursuing the quiet zone plans. MOTION by Councilmember Bolkcom to adopt Resolution No. 2008-25. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Informal Status Reports. Mr. Hickok said there will be a cleanup event this weekend at the Public Works facility. Mayor Lund encouraged everyone to attend `49er Days. The parade will be on Thursday. ADJOURN. MOTION by Councilmember Barnette, seconded by Councilmember Varichak, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 9:30 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor