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CCM 03/24/2014 CITY COUNCIL MEETING CITY OF FRIDLEY MARCH 24, 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-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: Wally Wysopal, City Manager Darcy Erickson, City Attorney Scott Hickok, Community Development Director Jim Kosluchar, Public Works Director Deb Skogen, City Clerk Don Abbott, Director of Public Safety Rick Nelson, 4624 – 2 ½ Street N.E. Pam Reynolds, 1241 Norton Avenue N.E. APPROVAL OF MINUTES: City Council Meeting of March 10, 2014 APPROVED. NEW BUSINESS: th 1.Resolution to Correct Resolution No. 2013-60 Vacating and Reserving a Portion of 79 Avenue, West of Hickory Street to the Burlington Northern Santa Fe Railroad Tracks, Generally Located North of 7890 Hickory Street N.E., Petitioned by Donald J. and Judith M. Gamboni, the Property Owners of 7890 Hickory Street N.E. (Ward 3) APPROVED RESOLUTION NO. 2014-28. 2.Resolution to Correct Resolution No. 2013-61 Approving Variance, VAR #13-01, to Allow a 12 Foot Side Yard Setback on a Corner Lot Where 25 Feet is Required; for the Property Generally Located at 7890 Hickory Street N.E., Petitioned by Donald J. and Judith M. Gamboni (Ward 3). APPROVED RESOLUTION NO. 2014-29. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2014 PAGE 2 3.Variance Request, VAR #14-01, by Novak-Fleck, Inc., to Reduce the Side Yard Setback for an Attached Garage from 5 Feet to 3 Feet, to Allow the Construction of a New Single Family Home, Generally Located at 5801 Third Street N.E.; AND Resolution Approving Variance, VAR #14-01, to Allow a 3 Foot Side Yard Setback Where 5 Feet is Required on the North Side of the Lot; for the Property Generally Located at 5801 Third Street N.E., Petitioned by Novak-Fleck Incorporated (Ward 3). THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4.Resolution Approving First Addendum to a Joint Powers Agreement for Wellhead Protection in Anoka County. APPROVED RESOLUTION NO. 2014-31. 5.Approve Intergovernmental Agreement between the Rice Creek Watershed District and the City of Fridley for the Locke County Park Rain Garden. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 6.Claims (163160 - 163315). APPROVED. 7.Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF CONSENT AGENDA: Councilmember Bolkcom asked to remove Item Nos. 3 and 5 from the Consent Agenda. Councilmember Saefke noted a correction to the minutes on page 8 toward the bottom of the feels page “Councilmember Safeke asked and reels …” MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of item nos. 3 and 5 and the amended minutes. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2014 PAGE 3 ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to adopt the Agenda with the addition of Item Nos. 3 and 5. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM VISITORS: No one from the audience spoke. PUBLIC HEARING: 8.Consideration of a Proposed Ordinance Amending Fridley City Charter, Chapter 3, Procedure of Council. MOTION by Councilmember Barnette to open the public hearing. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:05 P.M. Deb Skogen, City Clerk, stated on September 23, 2013, a citizen asked what rules of parliamentary procedure were being used and whether or not resolutions and ordinances had to be read in full. The Charter Commission reviewed and addressed this issue over the next several months and recommended an amendment by ordinance. Ms. Skogen said Minnesota Statute, Section 410.12, Subd. 7, allows for amendment by ordinance upon recommendation of the Charter Commission. This requires the notice of public hearing and the full text of the amendment to be published at least two weeks prior to the public hearing. The public hearing was scheduled on February 24, 2014, and a proposed ordinance was published on March 6, 2014, in the legal section of the Fridley Sun Focus. The public hearing is being held tonight, and it requires a unanimous vote. If unanimous, the ordinance becomes effective 90 days after publication. Ms. Skogen stated Section 3.03 of the proposed amendment adds a requirement that Council rules be adopted by a resolution. It requires that a copy of the rules be made available at Council meetings and to the public as requested. Section 3.04 deletes the requirement of a reading in full and adds language allowing a question to be read the first time it is presented in writing by a Councilmember or Fridley resident. Section 3.05 changes the language from having two full readings of an ordinance to being presented at two meetings and Section 3.07 requires the Mayor Pro Tem to sign in absence of the Mayor rather than three other members of the Council. Ms. Skogen said staff recommends holding the public hearing on this proposed ordinance. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2014 PAGE 4 Councilmember Bolkcom noted in Section 3.302, it states the item would be placed on two agendas. Sometimes things need fine tuning and she wanted to make sure that two agendas was just the minimum not maximum number of meetings. Ms. Skogen replied that is correct. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:10 P.M. Ms. Skogen said the first reading will be on April 14 and second reading at the following meeting. NEW BUSINESS: 9.First Reading of an Ordinance Amending Fridley City Code Chapter 101, Animal Control, Section 101.01 Definitions; Section 101.04 Animal Nuisance; Section 101.05 Dog Licensing; Section 101.06 Revocation; Section 101.07 Exemption; Section 101.08 Fees; Section 101.09 Impounding; Section 101.10 Animal Bites, Quarantine; and Fridley City Code, Chapter 11. General Provisions and Fees, Section 11.10 Fees. Deb Skogen, City Clerk,stated the Police Department is proposing a change from requiring an annual dog license to a lifetime dog license. A desire to keep the license program having a lifetime dog license will help identify owners, require less staff time processing annual renewals, and require the owner to be responsible in keeping rabies vaccination current. Ms. Skogen said this ordinance changes language and makes it consistent by removing the word “permit” and changing it to “license” throughout the Chapter. It also repeals old revocation language and adds new revocation language. The ordinance defines how a license may be revoked and provides for an appeal process. If revocation occurs, it allows for the owner to request in writing a review of the revocation after three years. If the individual cannot meet the conditions of revocation, it provides for a process to prohibit the person from owning, keeping or harboring a dog within the City. Ms. Skogen stated if the animal is impounded, the ordinance redefines how long animals shall be kept, changing it to read business days of the shelter and removing “Sundays and Holidays.” It also changes some of the duties from the Animal Control Officer to the Animal Shelter, and creates a fee if an animal is impounded. The fees are being amended to reflect lifetime licenses and to include the new impound fees. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2014 PAGE 5 Ms. Skogen said that Chapter 11 would be amended as follows: Dog License Fee – changed from $5 to $25 Duplicate License Fee – change from $10 to $2 New Impound Fee of $25 Renewal fees for 2014-15 for current licensees - $15 Ms. Skogen stated staff recommends Council hold the first reading of this ordinance. Councilmember Bolkcom asked if in Section 2.101.04 there was a better way to word the vaccination requirement. Don Abbott , Director of Public Safety, replied that there are different places in the code where vaccinations are required. Councilmember Bolkcom thought it was required to have dogs vaccinated for rabies. Chief Abbott replied yes it is required. Councilmember Bolkcom thought that it is a nuisance if a dog is not vaccinated against rabies. She asked for staff to look at that language because it reads weird. It would be simpler to say it is a nuisance if the dog is not vaccinated. Councilmember Bolkcom asked when completing the application, if dog owners would have to show the rabies vaccination records. Ms. Skogen replied yes, and there is an expiration date on rabies vaccinations. The expiration date will be inputted into the data base. The dog owner will be responsible after the dog is licensed to bring in future rabies vaccination records. Councilmember Bolkcom asked if vaccination records were currently requested in order to get a license. Ms. Skogen answered yes, when an annual renewal license is processed and the rabies expiration date has not expired, a new vaccination record is not required. If the rabies vaccination has expired or it is a new dog, the owner would need to show proof of rabies vaccination. Councilmember Bolkcom asked if the license is a lifetime license, would the dog owner have to continue to show proof of rabies vaccination. Ms. Skogen replied that it is the dog owners’ responsibility thereafter to show proof of rabies vaccination if they are asked for it. Councilmember Bolkcom asked if there was a concern with people not maintaining rabies vaccinations. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2014 PAGE 6 Chief Abbott replied the concern is not any greater than it is today. A significant population of dog owners let the licensing on their dog lapse. Councilmember Bolkcom asked how pet owners would get a license going forward. Ms. Skogen replied the annual license time is from May to April, and a notice is sent out to current licensed dog owners. After the lifetime license is approved, dog owners will not have to come back unless they get a new dog and need a duplicate license. Councilmember Bolkcom asked staff to look at Section 2B. It is a long sentence. Ms. Skogen said the City Attorney reviewed that and several revisions were made. DarcyErickson, City Attorney, said it can be broken out to a list rather than a narrative. Councilmember Bolkcom asked that the same be done in Section 2D. Councilmember Bolkcom asked in Section 4.101.06, Subsection 2, if the date referred to when it was mailed or when it was received; and if it referred to working days or calendar days. Attorney Erickson said staff would review that section and make it more specific. Councilmember Bolkcom asked in Subsection 3 if the word “will” should be used instead of “shall.” Mayor Lund replied it means the same as must. Councilmember Bolkcom asked in the same section if the renter in the household could have a dog; it reads that no person in the household is permitted to have a dog. Attorney Erickson said it refers to a dwelling unit that the owner lives in or a duplex where someone is living in the other side. Councilmember Bolkcom asked if she rented to a friend with no rental license if her friend could have a dog. Attorney Erickson replied no. Councilmember Bolkcom asked what a microchip does. Chief Abbott replied a microchip contains coded information that would come across a device when the dog is scanned. The information would include the owner information of that dog. Councilmember Bolkcom asked why the City would request dogs to have a microchip. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2014 PAGE 7 Chief Abbott replied this is consistent with State Statute and City Code. This is a permanent way to identify dogs to a particular owner. The City could require a dog owner who has a dog who habitually runs off of their property and causes problems to have a microchip to identify the dog. Councilmember Bolkcom asked if this could be required of all dogs in a household. Chief Abbott said if the revocation is for all dogs, it would require microchips on all dogs licensed to that household. Councilmember Bolkcom asked if this was a new requirement. Chief Abbott replied no, it is currently required for dangerous dogs. Councilmember Bolkcom said the section that mentioned transferring a dog did not make sense. Ms. Skogen said they are trying to say that within 30 days of the death of a dog the city wants notice that the dog has died. Councilmember Bolkcom said in Section 7.101.09.1D where it talks about notifying the owner of the location of the animal, does the shelter do this? Chief Abbott replied the City works closely with the CSO and the shelter. The CSO can go to a house to make physical contact. The City will make every effort to reunite an impounded animal with their owner. Councilmember Bolkcom noted if the shelter is sending notices in the mail, it could take several days for the notice to be received and the animal is not held that long--only 5 days. Attorney Erickson said that 5 business days is the language from the State Statute. Also the contract with the animal shelter specifies 5 business days. Councilmember Bolkcom asked if this included strays. Attorney Erickson said that it includes any dog collected that the City is trying to reunite with their owner. The intent is that the animal shelter does not have to indefinitely shelter the animal. Councilmember Bolkcom noted someone could move and the City would not have their current address. Dog-licensed owners would need to notify the City if they move to another location. Attorney Erickson noted the first paragraph on Page 120 specifies that if they move to a different location, even within the City, they should contact the City. Councilmember Bolkcom asked how staff came up with the fee of $25. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2014 PAGE 8 Ms. Skogen said the dog owner would pay that fee to pick up their dog at the shelter. Councilmember Bolkcom asked if the dog was euthanized, if they would pay both the $25 and the fees for euthanizing. Chief Abbott replied the shelter would attempt to recover their costs. Councilmember Bolkcom asked if in 5 days some dogs could be euthanized. Chief Abbott replied yes, that is possible. Euthanizing the animals is part of the contract. Councilmember Bolkcom thought No. 3 on page 123 was a long sentence. Councilmember Saefke noted that No. 3, page 123, under “Unclaimed Impounded Animals,” it stated the owner is liable for costs incurred in disposing of the animal but the animal shelter is the owner after 5 days. Attorney Erickson said that language can be changed to read licensed owner. Councilmember Bolkcom asked if ownership of a dog passes to a new owner, would the new owner need to apply for a new license. Ms. Skogen answered correct. Councilmember Varichak asked how many cities were contacted to see what their process, fees and length of license was. Ms. Skogen replied 10 different cities were contacted and the time frame ranged from one year, to no license, to lifetime. The fees varied in a range of amounts. Councilmember Varichak asked how staff came up with the lifetime license fee of $25. Ms. Skogen replied that staff looked at how much time it took to process a license and came up with $25. Councilmember Varichak said if a dog lives for 10 to 13 years, that’s a good deal. Councilmember Bolkcom noted that after the lifetime license is issued, there are no more administrative fees. Councilmember Varichak thought the dog owners would be very happy with a lifetime license. Mayor Lund thought $2 for an extra tag was not much. He wanted to make sure the City’s costs were covered when dogs need a new tag. The fee should be whatever the cost is for a new tag. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2014 PAGE 9 Ms. Skogen said if a duplicate tag is issued, the dog owner will have to show proof of rabies vaccination again and they are issued a new tag along with a new license number. Councilmember Bolkcom asked how dog owners will find out about this change. Ms. Skogen replied that it will be in the newsletter, on cable television and a mailer will go out to all current dog licensed owners. MOTION by Councilmember Saefke to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10.Approve 2014 Reappointments to City Commissions. Councilmember Bolkcom noted that one Planning Commission member missed over half of the meetings. MayorLund said he has spoken with this person in the past and the member wished to be reappointed. The attendance did not improve. This member goes to the important meetings that are worthwhile but not all the meetings. Councilmember Bolkcom suggested appointing him for only a year to see if the attendance improves. MayorLund said that this member did not feel the business was important for him to be at all the meetings. This person also has property outstate so sometimes there are conflicts in his schedule. Councilmember Barnette asked if any other members expressed concern about his attendance. MayorLund was not aware of any concerns. Councilmember Bolkcom said it is a bigger deal if two people miss a meeting. This is not a paid position, but his attendance record is not a good standard to have. MayorLund suggested passing the new appointments and defer his reappointment until someone has an opportunity to talk to him. Councilmember Bolkcom asked if he should be approved for only one year. Darcy Erickson , City Attorney, said she did not recommend approving a member less than a term. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2014 PAGE 10 MayorLund suggested approving the reappointments tonight and he would talk with the Commission member. CouncilmemberBarnette said this is a volunteer position and if others on the Planning Commission do not think this is a big issue, it is okay to renew his appointment. Councilmember Saefke said he did not think it was worthwhile reappointing this member if this commission is not a high priority on his schedule. MayorLund said that he does not diminish the importance of the Planning Commission but weighs the factors as to when he will attend. Other things take priority. Councilmember Saefke said that everything is important if you are elected as a representative. Councilmember Bolkcom asked if he notified staff when he is not attending. Scott Hickok , Community Development Director, said that is another problem. Staff calls all members to remind them of the meeting and take attendance so they have a quorum. This person does not call back, so it is hard to know whether or not he will be there. Sometimes staff needs to find an extra person because there is no certainty that he will be there. Attorney Erickson said if he is not reappointed, there would be a vacancy and he would be a candidate for that vacancy. MayorLund said that he could be reinstated or the vacancy could be posted. MOTION by Councilmember Saefke to approve the 2014 reappointments to the City Commissions with the exception of Mr. Brad Dunham from the Planning Commission. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, COUNCILMEMBER BARNETTE, COUNCILMEMBER VARICHAK, COUNCILMEMBER SAEFKE AND COUNCILMEMBER BOLKCOM VOTING AYE, MAYOR LUND VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4-1 VOTE. 3. Variance Request, VAR #14-01, by Novak-Fleck, Inc., to Reduce the Side Yard Setback for an Attached Garage from 5 Feet to 3 Feet, to Allow the Construction of a New Single Family Home, Generally Located at 5801 Third Street N.E.; AND Resolution Approving Variance, VAR #14-01, to Allow a 3 Foot Side Yard Setback Where 5 Feet is Required on the North side of the Lot; for the Property Generally Located at 5801 Third Street N.E., Petitioned by Novak-Fleck Incorporated (Ward 3) FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2014 PAGE 11 Councilmember Bolkcom asked if this would set up some type of precedence because this type of variance request is only permitted with expanding a garage. There are so many little things here that are at no fault of the Planning Department. If someone else wants to build a home will this request need to be honored again? Attorney Erickson said this is a very unique situation that has nothing to do with the property owner and does not destroy the character and intent of the development overlay looking at the City staff report. It is not something likely to be repeated very often. Councilmember Barnette noted that the house is already up. Councilmember Bolkcom asked if the reason this qualified is because this is a unique situation. Scott Hickok, Community Development Director, said this property earns a shining star for variances and it has nothing to do with the owner of the property. Attorney Erickson noted staff pointed out that part of the difficulties is there is no other option because of the separation requirement between the sewer and the water lines. It is the City’s problem. MOTION by Councilmember Bolkcom to approve Variance Request, VAR #14-01, by Novak- Fleck, Inc., to reduce the side yard setback for an attached garage from 5 feet to 3 feet, to allow the construction of a new single family home, generally located at 5801 Third Street N.E.; and, Adopt Resolution No. 2014-30. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. Approve Intergovernmental Agreement between the Rice Creek Watershed District and the City of Fridley for the Locke County Park Rain Garden Councilmember Bolkcom asked if this would be done by the end of May and why there was a termination date. Also, in Section 3.09, is that related because the City will take care of the property? Darcy Erickson , City Attorney, said that is worked out with the joint powers agreement but they wanted the liability of provisions to survive. The term of the lease may be 20 years, but certain clauses survive the termination of the lease. Section 2.02f deals with the City taking care of it so that it does not get in trouble with the State. Councilmember Bolkcom asked if the completion date of June 30 was correct, because in another section it is an earlier date. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2014 PAGE 12 Jim Kosluchar , Public Works Director, said that section relates to the contract and the completion date is ahead of the end date. The June 30 date is required by the State. The City’s agreement with Rice Creek goes on for another six months. The State would be in agreement to extend that date. Councilmember Bolkcom asked if the completion date of May 2 but no later than May 30 is feasible. Mr. Kosluchar replied they hope to complete it on time; weather permitting. Rice Creek Watershed District set that time line and this is their contract. It is reasonable. Councilmember Bolkcom asked on page 88 if the City is or is not providing service. Mr. Kosluchar replied this is a mutual agreement between Fridley and the Rice Creek Watershed District. If they take advantage of the City’s pricing, the City could extend or expand the City contract work and get reimbursed by Rice Creek. Their concern is bringing in a concrete contractor for this work that will be expensive, when the City has a contactor coming in which allows flexibility. Councilmember Bolkcom asked on pages 70-71 where it talks about doing other work, if that had anything to do with this agreement. Mr. Kosluchar said starting on page 66, there is an excerpt of the study for the entire Locke Lake chapter. The map on page 67 defines the location of the different improvements identified as feasible and beneficial to Lock Lake not in any order of preference. Councilmember Bolkcom asked if anything has been done since 2008 regarding how much phosphorous there is. Mr. Kosluchar replied the graph on page 68 has one piece of data that has been updated and includes three years of data. The 2013 data was not published when the study was done. The 2008 data was the most recent data available. Councilmember Bolkcom asked where the money came from. Mr. Kosluchar replied the DNR. Councilmember Bolkcom asked about the fine for Burlington Northern. Mr. Kosluchar replied that was related to the fine paid to the DNR for the diesel spill. Councilmember Bolkcom asked if Mr. Kosluchar knew what the cost was for the improvements. Mr. Kosluchar replied no. FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2014 PAGE 13 Councilmember Bolkcom asked about the water testing and if a sample would be taken at the entrance and then routinely as it flows down the creek. Mr. Kosluchar was not sure where the samples would be taken from. He said he would check and follow up with Council. Councilmember Bolkcom asked how people could volunteer to help with the plantings. Mr. Kosluchar replied they should contact the Public Works Department at 763-572-3552. Assistance is needed with maintenance. People can volunteer. Councilmember Bolkcom asked what has been learned from rain gardens. Mr. Kosluchar replied the rain gardens require good soils and maintenance. Chronic problems, when encounter, have been the result of poor soils. MOTION by Councilmember Bolkcom to approve the Intergovernmental Agreement between the Rice Creek Watershed District and the City of Fridley for the Locke County Park Rain Garden. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11.Informal Status Reports. Councilmember Bolkcom announced that the Flames Spaghetti Dinner will be held on April 4 from 5 to 7 p.m. at Fire Station One. 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 8:28 P.M. Respectfully submitted, Krista Peterson Scott J. Lund Recording Secretary Mayor