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CCM 01/06/2014 CITY COUNCIL MEETING CITY OF FRIDLEY JANUARY 6, 2014 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:00 p.m. ROLL CALL : MEMBERS PRESENT : Mayor Lund Councilmember Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT : Wally Wysopal, City Manager Scott Hickok, Community Development Director Darin Nelson, Finance Director/Treasurer James Kosluchar, Public Works Director Darcy Erickson, City Attorney Bruce Powers, Kurt Manufacturing Bruce Brea, 7363 Baker Avenue NE APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES : City Council Meeting of December 2, 2013 Councilmember Saefke referred to page 21, paragraph five, third line, and stated the word, “garage” should be “garbage.” APPROVED AS CORRECTED. City Council Meeting of December 9, 2013 APPROVED. NEW BUSINESS : 1.Receive the Minutes from the Planning Commission Meeting on December 18, 2013. RECEIVED. FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 2014 PAGE 2 2.Special Use Permit Request, SP #13-14, by Kurt Manufacturing, to Allow an Expansion of the Existing Outdoor Storage Area, Generally Located at 5280 Main Street N.E. (Ward 3); and Resolution Approving Special Use Permit, SP #13-14, for Kurt Manufacturing Company, the Property Owner for the Property Located at 5280 Main Street N.E. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3.Resolution Approving and Authorizing Signing an Agreement with Police Officers of the City of Fridley Police Department for the Years 2014, 2015 and 2016. ADOPTED RESOLUTION NO. 2014-02. 4.Approve Amendment to the Agreement between the City of Fridley and Northern States Power, d/b/a Xcel Energy, for Temporary Driveway and Parking Lot Easement at Water Tower #2 Located Near 6960 Highway 65 (Ward 1). APPROVED. 5.Resolution Receiving Feasibility Report and Calling for a Hearing on Improvement for Street Rehabilitation Project No. ST. 2014-01. Wally Wysopal, City Manager, stated this is for the north industrial area. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 6.Resolution Requesting Municipal State Aid System Construction Funds for Other Local Use. ADOPTED RESOLUTION NO. 2014-04. 7.Resolution Designating Load Limits on City Streets in the City of Fridley, Minnesota. Mr. Wysopal stated this would take effect upon the spring thaw. ADOPTED RESOLUTION NO. 2014-05. FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 2014 PAGE 3 8.Resolution Designating an Official Newspaper for the Year 2014. Mr. Wysopal stated this resolution is designating the Fridley Sun Focus News as the official newspaper for the City of Fridley for 2014 and, as a secondary, the Minneapolis Star Tribune. ADOPTED RESOLUTION NO. 2014-06. 9.Resolution Designating Official Depositories for the City of Fridley. Mr. Wysopal stated this is a resolution designating Wells Fargo as the official depository for the City of Fridley funds. ADOPTED RESOLUTION NO. 2014-07. 10.Approve 2014 City Council and Staff Appointments. APPROVED. 11.Claims (162102 – 162393) and 1312 - ACH Pcard APPROVED. 12. Licenses APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF CONSENT AGENDA : Councilmember Bolkcom asked that Item Nos. 2 and 5 be removed and placed on the regular agenda. MOTION by Councilmember Barnette approving the proposed consent agenda. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM : Bruce Brea, 7363 Baker Avenue N.E., commended the City on how well they have maintained the streets this winter. He said he recently spoke with the Police Chief and commended him on how well the Police Department has been. He is very impressed with their turnout, response, and community care. His heart especially goes out to Officer Perry Jones and the two canine officers who work their area. FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 2014 PAGE 4 Mr. Brea stated he wanted to address a concern with businesses in his neighborhood about employees working alone at night, especially during the midnight shift. He was not sure if there was a City ordinance to enforce businesses not to allow employees to work alone. Mayor Lund replied, he understands his concerns. As far as private enterprise, the City tries to take a “hands off” approach with not being more restrictive. He assumes Mr. Brea is talking about gas stations that are typically open 24 hours. Mr. Brea replied correct. Mayor Lund stated you would think it would be in their best interest to protect their own employees by having a second person or some other ways of protecting their employees. They will certainly mention it to the local all-night businesses. There is no ordinance he is aware of. Councilmember Bolkcom suggested to Mr. Brea he goes to the manager, either call or e-mail him, and let him know he is concerned about the business. If he does not get the desired response, ask if there is someone at the corporate office he could call or e-mail. Mayor Lund stated he will pass this onto his Police Department. Councilmember Barnette asked Mr. Brea whether there was a particular incident. Mr. Brea stated he goes to SuperAmerica quite a bit, and some of the employees have expressed concern about being alone in the store at night. Some of them are afraid to express a concern to management. Mr. Brea said he would mention it to the City Council. Councilmember Bolkcom said perhaps also the Neighborhood Resource Officer for that area could actually talk to the manager of SuperAmerica. ADOPTION OF THE AGENDA : MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item Nos. 2 and 5. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 2.Special Use Permit Request, SP #13-14, by Kurt Manufacturing, to Allow an Expansion of the Existing Outdoor Storage Area, Generally Located at 5280 Main Street N.E. (Ward 3); and Resolution Approving Special Use Permit, SP #13-14, for Kurt Manufacturing Company, the Property Owner for the Property Located at 5280 Main Street N.E. FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 2014 PAGE 5 Councilmember Bolkcom stated Stipulation No. 3 is confusing to her. She understands the machinery is basically replacing some people, so they have less people working at that facility, and they do not need as many parking spaces as what the City Code would say. However, it could change and affect the parking. Looking at indoor space and also other parking spaces, could that be written a little simpler? Scott Hickok , Community Development Director, replied, one alternative would simply be to take out “to rework the interior space of the existing building” because it all gets back to find other parking options. Beyond Kurt Manufacturing, these stipulations are filed at the County. If they do a title search or anything else for due diligence on future ownership of the property, the future owners of the property may use the property in a very different manner, and there is no way to manufacture additional land around this site. It is pretty well developed all around it, and all industries around it are using their land. It is a notification, not only to this industry, but future owners of this site that there is parking shortage right now. It has not been a problem, but in the future, if it becomes a problem, they will need to figure out a solution. Councilmember Bolkcom asked whether configuring or whether it is this business or another one, it really comes down to the parking spaces outside. Mr. Hickok replied it does. To talk about reworking interior space, it starts to sounds a bit like how to manage a business and its private affairs. The connection there is that there is a ratio of, for example, 250 square feet to 1 parking stall per office space; 1 parking stall per 2,000 feet for manufacturing; and 1 stall for 4,000 feet for warehouse. Therefore, a future industry may say it does not need nearly as much office space. What they really need is more manufacturing space and they are going to convert this. It really does speak to the interior of the building. That is where that ratio comes in and finds its way into the stipulations. However, if Council is most comfortable with taking that language out, it would be fine for staff to find other parking options and take out the words he suggested above. Councilmember Bolkcom asked the petitioner to look at Stipulation No. 3 and asked if he was okay with the Council’s proposal to remove “to rework the interior space of the existing building?” Bruce Powers , Kurt Manufacturing, replied that is fine. Councilmember Bolkcom asked the petitioner if he was in agreement with the stipulations. Mr. Powers replied, he agrees. MOTION by Councilmember Bolkcom to approve Special Use Permit Request, SP #13-14, by Kurt Manufacturing, with the following three stipulations: 1.Outdoor storage area shall be limited to the two areas as shown on Exhibit B of the resolution approving this special use permit request. FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 2014 PAGE 6 2.The types of materials stored within the two outdoor storage areas shall be reviewed and approved by the Fire Marshal. 3.If a parking shortage occurs on the site, the petitioner shall develop an agreeable plan approved by City staff or find other parking options. and Adopt Resolution No. 2014-01. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 5.Resolution Receiving Feasibility Report and Calling for a Hearing on Improvement for Street Rehabilitation Project No. ST. 2014-01. Councilmember Bolkcom stated she has no problem with the feasibility study but still wants to go back to the original meeting held on July 24. Some of the business owners are concerned about how they are going to pay for this, and some of the businesses that have not really fully recovered. She really wanted the City to work between now and when the project starts to see if there is any way they can help them out. Anything they can do with some type of deferment or something along those lines. She believed they were all for this project, but this street rehab project is a significant assessment to them. Mayor Lund asked if she has heard from any of those business owners in the interim period. Councilmember Bolkcom replied, no, city staff can look at it and see if more discussion is needed. MOTION by Councilmember Bolkcom to adopt Resolution No. 2014-03. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OLD BUSINESS: 13.Second Reading of an Ordinance Amending Fridley City Code, Chapter 514, Private Property Snow and Ice Removal. James Kosluchar , Public Works Director, said as part of its Active Transportation Plan, this season, the City of Fridley will be providing extra maintenance on additional walking trail areas. Residents have requested the services over the years, and it was brought to the forefront during FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 2014 PAGE 7 the development of the Active Transportation Plan. There are recreational benefits to having these areas available during the winter season. Mr. Kosluchar stated Fridley’s City Code addresses maintenance requirements of boulevard areas. A code revision provides additional clarity. The amendment to Chapter 514 that is being presented considers requirements for new City snow operations. The essence of the provisions are that property owners must address hazardous snow and ice conditions on walks and trails and rights-of-way where winter maintenance is provided by the City and references its snow plowing policy. Mr. Kosluchar presented a map showing the added areas of maintenance. He said Osborne Road between East River Road and University Avenue; and the west side of University Avenue from Rice Creek north to the City limits, north of Springbrook Nature Center, have been added. rd The trail along 73 Avenue between University and the east City limits, on Old Central from the north City limits south to Central Avenue, and a little piece on 69th Avenue from Old Central to the east City limits are also included. There are areas on Highway 65, crossing I-694 that will be added at a later date when constructed. Councilmember Barnette asked if the map showed a small stretch by Stevenson. Mr. Kosluchar replied, yes, there is a small stretch there. Most of the County trails were plowed around eight years ago, but Anoka County Parks Maintenance have cut back quite a bit since then. We may want to talk to the County to see there is a desire to get them to plow a segment that ties in. He has talked to them the past few seasons. Mayor Lund replied they would probably get the same answers they get from MnDOT. If the City wants to get it taken care of, we need to take care of it ourselves. Councilmember Bolkcom stated she is amazed the City actually plows some of the County’s trails and walkways. Mayor Lund asked if she was talking about East River Road. Councilmember Bolkcom replied, yes. Basically, the County is plowing one little section? Mr. Kosluchar stated there are some sections they plow along East River Road south. Mr. Kosluchar stated the proposed language basically states if it snows there are two days for cleanup after the City clears snow on trails. It does not apply where the City does not plow trails and walks. That is actually a clarification. Currently the proposed ordinance does not address those areas where the City does not plow. It does not apply where the City does not have primary maintenance responsibility. An example brought up at the last meeting was bus stops. The City partners with Metro Transit, and Metro Transit is responsible for clearing the bus stops. FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 2014 PAGE 8 Mr. Kosluchar stated since the first reading, staff has made modifications in accordance with the discussion with Council, including authorization of a designee from Public Works, definition of the snow season, and linking of civil penalties to the defined snow season. Staff recommends Council approve the second reading. Councilmember Bolkcom said going back to the gentleman who contacted her who lives on East River Road, she said if the City does not plow and the County does not plow it, he has no responsibility. Mr. Kosluchar replied that is correct. Councilmember Bolkcom stated the City has this new snow policy because they want people to get out and walk, but there is a big portion of our community that are County trails, bikeways/walkways, that are never maintained. Are they not doing a disservice? You are lucky if you happen to live where the City plows it but, if you are not, then you really have no opportunity in your own neighborhood to go out. Councilmember Bolkcom stated also, she and her husband saw people standing out in the street by the bus stops on East River Road. Not one of the bus stops looked clean. It is just a huge hazard. That was one of their big discussions last year when they were talking about this that the City needed to put some pressure on someone. They want people to walk. They want people to ride buses. People have no place to shelter themselves unless there are 25 people or more. This really is not helping a lot of people. Mayor Lund asked Councilmember Bolkcom what her solution was. He asked if she was suggesting the City take on more responsibility outside of its jurisdiction or does she want to talk to the Met Council and the County about this. Councilmember Bolkcom stated they need to set up a meeting with the County commissioners and talk with them about it. She said maybe not this year, but asked what they were doing to be a part of this. She asked Mr. Kosluchar if he had any conversations with them. Mr. Kosluchar replied with operations staff. They have been cut back over the years. Mr. Wysopal , City Manager,stated it is not just at the County level they are experiencing what he calls devolution, the pushing of responsibility onto the local cities to take care of these things. It happens at MnDOT. It is the same thing they are going through with University Avenue and Highway 65. It is the City’s responsibility to maintain those rights-of-way if the City wants them to look nice; otherwise, this is the best they are going to look right now in January ever if they do not do something about it. He said the City needs to continue to send a strong message to both the State and County and let them know that as a result of their cutbacks, the City has to either pick it up or say “no” to the residents. Unfortunately, as the map shows, there are a lot of green lines that do not get plowed. FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 2014 PAGE 9 Councilmember Bolkcom stated she encourages people who live in any of these areas to contact their County commissioners. The City has taken on some more, and they need to look at setting up a meeting with County Commissioners to discuss clearing walkways. Mr. Wysopal stated Council’s action tonight would also amend and update the City’s walks and trails maintenance policy. Mayor Lund referred to Item No. 2, under “Owner Responsibility.” He read the paragraph a couple of times and it is confusing to him. It is one big long sentence. It states, “Property owners shall eliminate any hazardous snow or ice condition by clearing residual snow and ice from walk or trail areas on adjacent Public Property. . .” it makes it sound like they are responsible for the property adjacent to their home or property. Then it states, “maintained by the City.” He thought it would be better to say “which is maintained by the City” or have it read “. . . areas adjacent to Public Property, which is maintained by the City, within 48 hours.” It makes it more clear to him that if you are adjacent to City-maintained public property, you also must continue that maintenance so it is not a start-stop situation. Darcy Erickson, City Attorney, stated “adjacent to public property” suggests that it could be private property next to public property. The adjacent public property is intended to reflect that it could be the trail which is still encumbered by public property even though it is privately owned. Adding the word “to” might interject a degree of uncertainty. Councilmember Bolkcom stated she thinks it is one big long sentence that does not make a lot of sense. Mayor Lund stated it seems unclear and should be reworded. Mr. Wysopal asked Mr. Kosluchar to perhaps explain it in layman’s terms. Mr. Kosluchar stated it means that if the City maintains any walk or trail segment and you are an owner of a property that is adjacent to the public property, you are responsible for maintenance of that segment within 48 hours of cessation of snowfall or cessation of plowing activities. You have to eliminate any hazardous snow or ice conditions on that segment. Mr. Wysopal asked if this is a public path. Attorney Erickson said that public trail though, what they define as public property, could be completely on private property, correct? Mr. Kosluchar replied, yes. Attorney Erickson stated they do not want to confuse it and say, if you live next to public property, if you do not have a public trail on your property, you do not have to maintain it. It is because you have a public trail which is considered public property, on your property. It is very confusing. FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 2014 PAGE 10 Mayor Lund stated she is suggesting in a way that basically all sidewalks and trails are on an easement and is public sidewalk even if it traverses what other people say is private property. Attorney Erickson replied that is correct. Mayor Lund stated that is part of it. The other part he reads is, say, there are two parks and they are three blocks apart, all those adjacent property owners who are between those two parks have to maintain the three-block section between the two public parks. He asked if that was correct.0 Mr. Kosluchar replied, no, the City is not asking for that. Mr. Wysopal stated he is reading No. 2 to apply only to trails or sidewalks that are maintained by the City. That is the qualifier. Councilmember Bolkcom stated why not just say you are responsible for eliminating it from any walk or trail areas that are cleared by the City of Fridley. And, it has to be cleared within 48 hours. Mr. Kosluchar replied that is correct. Attorney Erickson stated they are trying to preserve most of the existing language and that was already in there. In the definition section they distinguish between private property and public property and have another category called “semi-public.” They are using existing terminology. Councilmember Bolkcom stated the whole idea of changing the ordinance is to make it clearer. Attorney Erickson, replied, yes, but it would require some other changes then. If they are going to get rid of the concept of public property, they need to do further revision. Mayor Lund asked Attorney Erickson if it should be revised or stay as it is presented. Attorney Erickson, replied, if the intent is to make it clear, than it should be revised. Councilmember Saefke stated it is his understanding, if there is a four-inch snowfall and the City goes out and plows the trails and the sidewalks and then two days later there is a dusting of one inch, the City is saying the property owner then should sweep off that sidewalk because the City is not going to come out again for one inch of snow. Mr. Kosluchar replied right. Councilmember Saefke asked if the property owner is responsible for keeping that sidewalk free of snow and ice after a snowfall, is the City going to provide them with the sand and/or salt if they run up to the garage with a 5-gallon bucket to pick up some. FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 2014 PAGE 11 Mr. Kosluchar replied, he has thought about that. The City does try and assist where they can, for instance, if they have a severe icing condition and it is kind of system-wide. However, other than that, the owners would have to take care of their own segment. Councilmember Bolkcom asked why would they want to open that can of worms. We do not want people to go to the Public Works garage asking for 5-gallon buckets of sand and salt. Councilmember Saefke replied, because the City is making them responsible to keep their segment cleared. Councilmember Barnette said in Minneapolis where everybody had sidewalks, it was just understood that everyone took care of the sidewalk in front of their house. MOTION by Councilmember Saefke to continue the second reading of an Ordinance Amending Fridley City Code, Chapter 514, Private Property Snow and Ice Removal to the January 27, 2014, City Council meeting. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14.Approve Extension Request for Final Plat Approval, PS #12-01, and Vacation Request, SAV #13-02, by Carlson McCain on Behalf of William Fogerty, for the Property Generally Located at 7011 University Avenue N.E. (Ward 1). Scott Hickok , Community Development Director, stated they had a very good discussion after the December 9 Council meeting with Danielle Caylor who is the daughter of Mr. Fogerty and Power of Attorney for this case. They might recall that they considered this on December 9 and approved a 30-day extension request. After talking with Danielle Caylor, staff believes that allowing an extension until March 10 would be adequate time. Mr. Hickok stated this is very much like staff making a recommendation to Council wanting them to be as well informed of the options as possible. Ms. Caylor has been involved with this, but on the periphery; therefore, some of the nuances of the decision, whether to move ahead with the plat and easements, etc., are something she is working through. The City wants her to make the best decision possible. Mr. Hickok stated it is staff’s recommendation for Council to allow until March 10 when staff and Ms. Caylor believe she can have a good understanding of this. At that time, Council will hear what her decision is. It is staff’s hope they do not lose ground, and it is Ms. Caylor’s desire to just understand as much of this as she can so that all of the work has been done and she does not make the wrong decision. Staff will also have an item on the agenda for the next meeting regarding the extension. MOTION by Councilmember Saefke to approve the Extension Request for Final Plat Approval, PS #12-01, and Vacation Request, SAV #13-02, by Carlson McCain on Behalf of William FRIDLEY CITY COUNCIL MEETING OF JANUARY 6, 2014 PAGE 12 Fogerty, for the property generally located at 7011 University Avenue N.E. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 15.Resolution for Support of the Move MN Campaign. Mayor Lund stated this was brought forward by the Regional Council of Mayors and Urban Land Institute. They are asking cities and other organizations for support of the Move MN Campaign which directly relates to the deficiency or lack of money for the foreseeable improvements necessary to maintain our roads infrastructure. The resolution is very simple and straightforward. It does not commit the City to any kind of financial support. It is consistent with our City’s desire for projects that are listed as key issues in the City’s Comprehensive Plan and from the strategic planning initiative. Councilmember Bolkcom asked if the County is being asked to support this resolution. Mayor Lund replied, he did not know. He said he was at a meeting of the Regional Council of Mayors and this was discussed. MOTION by Councilmember Barnette to adopt Resolution No. 2014-08. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. Informal Status Reports. None. 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 8:02 P.M. Respectfully submitted, Denise Johnson Scott Lund Recording Secretary Mayor