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11/09/2009 - 29269CITY COUNCIL MEETING CITY OF FRIDLEY NOVEMBER 9, 2009 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 James Kosluchar, Public Works Director Scott Hickok, Community Development Director Richard D. Pribyl, Finance Director Brian Weierke, Captain, Fridley Police Department Pam Reynolds, 1241 Norton Avenue NE Peter Eisenzimmer, 6535 Oakley Drive NE Greg Dahlke, E& J Development APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of October 26, 2009 APPROVED. NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of October 21, 2009. RECEIVED. 2. Resolution Appointing Election Judges for the 2009 Special Municipal Election. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 9, 2009 PAGE 2 3. Claims (143836 — 144001). APPROVED. 4. Licenses APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF PROPOSED CONSENT AGENDA: Pam Reynolds, 1241 Norton Avenue NE, asked that Item No. 2 be removed from the consent agenda. MOTION by Councilmember Barnette to approve the consent agenda with the removal of Item No. 2. 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 No. 2. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Joanne Zmuda, 6051 Fourth Street NE, stated at the last meeting, the Mayor stated things would be pushed back for another year if they wait until the ne�t election regarding the Charter language change. She asked what would be pushed back. She also asked what projects and goals are in the 2010 budget for the various City departments. She did go to the budget meeting which was posted to start at 7 but apparently it started at 6. Mayor Lund stated they have not discussed this. Councilmember Bolkcom stated the time change for the budget meeting was an administrative mistake. Normally their conference meetings do start at 7:00 p.m. It was not maliciously made. Unfortunately it did not get posted until Wednesday of the week before the budget meeting. The time change was made because they had a lot of information that needed to be shared. Peter Eisenzimmer, 6535 Oakley Drive NE, said he has a problem with people removing the signs that are being put out. He hopes that does not happen this time. It should be corrected if it does. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 9, 2009 PAGE 3 Mayor Lund asked him what signs he was talking about. Mr. Eisenzimmer replied, the "No" signs. Mayor Lund suggested to Mr. Eisenzimmer if he feels a crime is being committed he should call the Police Department. NEW BUSINESS: 5. First Reading of an Ordinance Amending Fridley City Code Chapter 101, Animal Control, Pertaining to Dangerous Dogs and Official Title and Summary Ordinance. Brian Weierke, Captain, Fridley Police Department, stated police officers and community service officers respond to complaints that involve animals throughout the City of Fridley. One type of complaint that involves a serious public safety concern is a dog bite. Over the last few years, the City has seen an increase in some dog bite calls. The number of dog bites and the severity of the bites have almost doubled. Captain Weierke stated Minnesota law, Chapter 347.50, does regulate licensing and registration of potentially dangerous and dangerous dogs. Staff has reviewed the State law and the City Code and prepared four amendments to the current Code to clarify some procedures and regulations. Staff believes the changes will allow the City to be able to more effectively respond to dog bite issues. Captain Weierke stated the four amendments staff would like to add are the definition of "potentially dangerous" dogs and "dangerous" dogs, changing the quarantine period from 14 to 10 days to make it consistent with the State law, adding the registration and regulation of "potentially dangerous" or "dangerous" dogs as required by current State law, and changing a word in Section 101.11 from "vicious" to "prohibited" animals in reference to the non- domesticated animals. Captain Weierke stated staff believes the amendments will make our City Code consistent with State law. It will allow our community service officers to use the City Code in handling the majority of dog bite calls. It will also hold dog owners more accountable and will assist overall with public safety. Most importantly, it will clear up some confusion we are having with the difference between our City Code and State Statute. Captain Weierke stated if the amendment is approved, staff recommends holding the second reading on November 16, 2009. Councilmember Barnette asked how dangerous dogs were defined. Captain Weierke replied the definition they are looking at is consistent with the State Statute which is: without being provoked, they will inflict substantial bodily harm on a human being on public or private property; if they were to kill a domestic animal without being provoked while off the owner's property; or if they previously have been found as potentially dangerous and FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 9, 2009 PAGE 4 have another incident. The State law does list it out pretty specifically, and that is why they want to be consistent with it. Councilmember Barnette asked whether they ever describe a particular breed or not? Captain Weierke replied, no. Councilmember Bolkcom referred to Section 101.11(B) of the ordinance and asked what the difference was between inflicting substantial bodily harm and attacking a human being or domestic animal twice. Captain Weierke stated the substantial bodily harm has to do with Minn. Stat. §609.02 which means any bodily injury involving a temporary or substantial disfigurement. Something to the effect that there may have been stitches or scarring. Councilmember Bolkcom asked for clarification on what "attacking" means. For example, could that be a dog running after someone and growling at them? Captain Weierke replied there is some discretion given to the community service officers who are the ones responding to those calls. A lot of it has to do with whether it was provoked or unprovoked and if there was an actual bite, how bad the bite was. Councilmember Bolkcom asked the animal control officer was. Captain Weierke replied our animal control officer is our community service officers. They are doing the investigation on the bites or the reports that are taken. Councilmember Bolkcom asked who is sent the reports as it sounds like there has to be two of them. Captain Weierke said they are the same. If someone is reporting it to the Police Department, they are also reporting it to the animal control officer. All the reports are forwarded to the community service officers. Councilmember Bolkcom pointed out the reason why she was asking is in Section 101.10(3) it states "Animal Control Officer or Police Department." Also in that section it states, "Such animal so exempt shall be quarantined on the premises of the owner, under strict control. .." She asked what strict control meant. Captain Weierke replied, it means they cannot leave the home. They have to be inside the home. Councilmember Bolkcom asked if they need to define that better, for instance, can the dog be in a fenced yard or do they have to be on a leash? FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 9, 2009 PAGE 5 Captain Weierke stated he agreed and it can be difficult. When a community service officer does respond, depending on if they are in an apartment or town home or single family home, they can determine the strict control with the owner of the dog. Councilmember Bolkcom asked if the City gives the owner something in writing regarding what they can or cannot do. Captain Weierke replied, yes, we do. Councilmember Bolkcom asked if they should include somewhere in the ordinance that Fridley's animal control officer is the community service officers. Captain Weierke replied, yes, he does. In the definitions of Section 101.10.01 it does define an animal control officer as being any individual designated by the City to enforce the provisions of this Chapter including all City police officers. MOTION by Councilmember Barnette to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. Preliminary Plat Request, PS #09-04, by Greg Dahlke, E& J Development, to Subdivide One Lot to Create Two Lots, Generally Located at 8170 Hickory Street N.E. (Ward 3). Scott Hickok, Community Development Director, stated the subject property is zoned M-3, Heavy Industrial, Outdoor Intensive. The property was developed in 2003 with the construction of a 23,488 square foot office and warehouse building. The M-3, Heavy Industrial, Outdoor Intensive district allows outdoor storage by right so the business has outdoor storage of trailers on the site. Mr. Hickok stated Fridley Code requires that lots in the M-3, Heavy Industrial, Outdoor Intensive district be a minimum of 150 feet in width and a minimum of 1'/z acres. After this plat is created and if it is approved, Lot 1 will be 541 feet in width and 6.97 acres. That will remain Dahlke Trailer. The proposed second lot would be 303 feet in width and 4.9 acres in size. Mr. Hickok stated the petitioner has completed Stipulation No. 1, removing the existing driveway on Lot 2 to ensure it is 5 feet from the newly established property line. All other Code requirements including, but not limited to, setback, lot coverage, landscaping, storm water treatment, etc., will need to be met when Lot 2 is developed. Mr. Hickok stated the Planning Commission reviewed this on October 1, and unanimously recommended approval with eight stipulations. Staff recommends concurrence with the Planning Commission. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 9, 2009 PAGE 6 Councilmember Bolkcom asked whether it is correct the rock crushing operation that is there is null and void with this new plat. Mr. Hickok replied that is correct. Councilmember Bolkcom asked whether the special use permit relating to construction of a telecommunications tower stays in effect. Mr. Hickok replied, yes. Councilmember Bolkcom asked Mr. Dahlke whether he agreed with the eight stipulations. Greg Dahlke, E& J Development, replied, yes. Councilmember Bolkcom asked if he knew anything about the telecommunication tower. Mr. Dahlke said he did not. He does not believe they have heard from them for a while. He does not know what their plans are. MOTION by Councilmember Varichak to approve Preliminary Plat Request, PS #09-04, by Greg Dahlke, E& J Development, with the following eight stipulations: 1. The petitioner shall move any part of the existing driveway on Lot 2, to ensure that it is 5 feet from the newly created property line within 60 days of preliminary plat approval. 2. Surface, curb and gutter will need to be replaced on Lot 2 upon issuance of a building permit. 3. The petitioner shall pay $12,536.00 park dedication fee upon issuance of a building permit for Lot 2. 4. The property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building permit. 5. The petitioner shall properly maintain Lot #2 until sale occurs. 6. The petitioner shall provide easements as shown on preliminary plat drawing. 7. An easement for the pond that crosses lot lines shall be established and filed and a storm pond maintenance agreement shall be filed with the City. 8. There shall be no outdoor storage on Lot 2 until it is developed with a principal structure. Seconded by Councilmember Saefke. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 9, 2009 PAGE 7 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Resolution Appointing Election Judges for the 2009 Special Municipal Election. Pam Reynolds, 1241 Norton Avenue NE, stated she went to the Secretary of State website and on there it states a desired qualification of an election judge is the ability to remain impartial. She then looked at the list of judges, and saw it includes members of the Charter Commission (four members all voting aye). From her notes at the October 25 meeting held at the American Legion, one of the judges is serving as the treasurer for the "Vote Yes" committee. She is wondering how these people can be considered as impartial election judges. Mayor Lund stated he checked with the City Clerk, and he was told that just at this special election but at other elections, if someone signed a petition, as in this case, they could not be an election judge. By being an election judge, they can still have their opinions and they can even have campaign signs in their yard. He asked Attorney Knaak if he thought there was any conflict. Fritz Knaak, City Attorney, replied he did not know if the fact that any election judge has an opinion is a basis for disqualification or is not of itself an issue. The Charter itself only provides for a couple restrictions with respect to judges. If you sign a nominating petition or if you are on a committee, you cannot be an election judge. With respect to the other items, it is not necessarily a disqualification. He is certainly aware that the guidelines the Secretary of State would have probably would correspond with the Council's own judgment call, since they are approving the list. Generally speaking, if they were seeing people who were clearly unable to conduct this fairly then he thinks they would have some obligation to respond to that. The mere fact they have stated opinions is not in and of itself enough. Mayor Lund stated, to clarify, Attorney Knaak does not see a legal problem with any of the persons listed who may have already put up a campaign sign or may be participating in a campaign. Attorney Knaak stated, to narrow it down to the legal issue, he has not heard that any of these individuals are members of the committee which would be a disqualifier. Mayor Lund stated Bill Holm is the treasurer of the campaign for the "Yes" side. Attorney Knaak stated what the Charter specifically deals with is technically it is a group that has to form in order to put the language before the citizens on the ballot. If somebody belongs to a committee, even if it is an opposition committee, anything like that, legally that does not matter. Ms. Norton stated she had conversations with some people who signed the petition. They were not acting as a committee. They signed the petition and they were contacted and told they were not eligible to be election judges. She asked whether signing a referendum petition is not one of the two. When she asked for information, Deb Skogen sent her an e-mail stating the City has FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 9, 2009 PAGE 8 always maintained it is the intent of the law that if they sign or circulate a nominating petition or referendum petition they are not eligible to serve as an election judge. Attorney Knaak stated if that is the practice, then that is the practice. He quoted the Charter stating, "No person signing or circulating a petition of nomination of candidate for election of office or any member of a committee petitioning for a referendum shall be eligible to serve as a judge in said election." Mayor Lund stated he was going to go with the practice that has always been done in the past. Councilmember Bolkcom stated it is something we should look She asked if this needed to be approved tonight. Dr. Burns said it did. MOTION by Councilmember Bolkcom to adopt Resolution No. 2009-63. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURN. MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 8:17 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor