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CCM 07/28/2014 CITY COUNCIL MEETING CITY OF FRIDLEY JULY 28, 2014 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:08 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: Wally Wysopal, City Manager Darcy Erickson, City Attorney Scott Hickok, Community Development Director APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of July 14, 2014. APPROVED. OLD BUSINESS: 1. Resolution Approving, Authorizing Re-Execution, and Recording of Improvement Agreement between the City of Fridley, Metropolitan Transportation Network, Inc., and Tashitaa Tufaa and Nedijo Sado Relating to the Improvement of Real Property Located at 8260 Hickory Street NE in Fridley, MN (Ward 3) ADOPTED RESOLUTION NO. 2014-50. 2.Resolution Approving and Authorizing Recording of Storm Water Maintenance Agreement between the City of Fridley and Tashitaa Tufaa and Nedijo Sado Relating to Real Property Located at 8260 Hickory Street NE in Fridley, MN (Ward 3) APPROVED RESOLUTION NO. 2014-51. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2014 PAGE 2 NEW BUSINESS: 3.Extension Request for Final Plat Approval, PS #14-01, by Tri-Land Development, Inc., th to Subdivide the Existing Large Lot, Located at 250 – 57 Avenue, to Create Two th Separate Parcels from the Original Lot; for Development Along 57 Avenue NE (Ward 1) Councilmember Bolkcom asked if staff was confident this would be the last extension. Scott Hickok , Community Development Director, replied no. The negotiations with Tri-Land move extremely slow. Tri-Land has given staff their best representation that they will be done. This is an important easement and required in the TOD. Councilmember Bolkcom asked if this development is more complex than any other developments. Mr. Hickok replied it is not more complex, but there are a few parties that are debating the issues and getting it down on paper. Councilmember Bolkcom asked if it would be appropriate to send a letter to ask them to be done in 60 days. She said she would not be comfortable granting another extension. Mr. Hickok replied that discussion happened over the telephone, but staff would be glad to send a letter. Councilmember Bolkcom thought a letter is a good idea in fairness to everyone else that gets their work done on time. APPROVED. 4.Resolution Approving Election Judges for the 2014 Primary and General Elections. APPROVED RESOLUTION NO. 2014-52. 5.Claims - 1407 ACH PCard and 164678-164847. APPROVED. 6.Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF CONSENT AGENDA: MOTION by Councilmember Barnette to approve the Consent Agenda as presented. Seconded by Councilmember Varichak. FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2014 PAGE 3 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DELCARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Robert Melle , 1613 Briardale Road, thanked Councilmember Varichak for helping him get the debris and garbage cleaned up from his neighbor’s yard. He presented photos to Council of the yard prior to the cleanup. Councilmember Bolkcom asked if this was a rental property. Mr. Melle replied it is a bank owned property; a foreclosure. Scott Hickok , Community Development Director, said staff is very familiar with this property. An abatement was done on the on front yard and then they discovered the rear yard. Now abatement is scheduled for the rear yard too. The pool has major issues and staff is relying on the bank to take care of the pool—to take it out or cover it properly. Mr. Melle said he thinks the pool is a health and safety issue. The gates are not locked. The house is full of debris and so is the garage. He asked if the abatement included the house. Mr. Hickok said staff has not been inside the house. If the property is open to access staff could consider it an active nuisance. Councilmember Barnette asked if the home could be condemned. Mr. Hickok replied that condemning the home would be another issue. It becomes difficult when a neighbor talks about the inside of the home. Staff will not know what it looks like until they can get in the home. They will take care of the exterior for now. With private property, the owner has certain rights of not having people in it. Staff will notify the proper people to take care of this issue. Mayor Lund said Mr. Melle is not the only person to complain about this property. Mr. Melle said this property affects the property values in his area. Mayor Lund said he appreciated Mr. Melle’s willingness to alert Council about these issues. It is frustrating this has to go on for so long. Hopefully there will not be a reoccurrence and the home sells to someone who wants to live there and makes it look nice for the neighborhood. Mr. Hickok said the bank will not spend a lot of money doing anything until they had the approval to do something. The City will do a lot of code enforcements and abatements to take care of the property. The bank will suffer the consequences with the inside if they do not take care of the issues early. To declare a property a public nuisance takes a long time. Even rotting food in the home takes time before it is a public nuisance. It is frustrating for staff and the FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2014 PAGE 4 neighbors. Once the bank takes ownership, action will happen with the house to get the investment back on the home. Councilmember Bolkcom asked how long the home has been in foreclosure. Mr. Hickok said he was not sure. Councilmember Varichak asked how long of a lengthy process it would be--6 months, 9 months or a year. Attorney Erickson replied that there is a 6-month redemption period after the sheriff sale so lean holders have an opportunity to step in to redeem their interest. Councilmember Bolkcom said if Mr. Melle sees any vandalism to call 911 for documentation. Councilmember Barnette asked if the water and gas were shut off. Mr. Hickok replied yes; that usually happens due to nonpayment of the bill. Mr. Melle appreciated the action that has been made and the attention Council and staff have given to this matter. 7.Informal Status Reports Councilmember Bolkcom said she worked with Councilmember Varichak during the city recycle event. There were 700+ cars. Other communities that participated were Columbia Heights, Spring Lake Park and St. Anthony. She thanked the City staff who came to help that day. Councilmember Varichak complimented staff for organizing the event. Scott Hickok , Community Development Director, thanked Councilmembers for being there. Councilmember Saefke reminded people of the Fridley Community Theater production “Kiss Me Kate” this coming weekend. Tickets are $12 and $10 for seniors. It is great entertainment. Tickets can be purchased at the Community Center main office, online or the night of the event. Wally Wysopal, City Manager, responded to the “Open Forum” from the last meeting regarding City procedures to notify property owners and sending notices via certified mail. He has checked with New Brighton and Mounds View and no city certifies mail for planning and zoning purposes. Notices are sent out first class mail like Fridley. Mr. Wysopal also responded to a concern about the City fluoridation issue. There was a question whether the City had an option to provide fluoridation in City drinking water. The City Engineer has provided a letter to the resident which states that Minnesota Statute 144.145, requires fluoridation of municipal water. This rule currently requires fluoridated water be FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2014 PAGE 5 controlled at 1.2 milligrams per liter; not less than .09 or more than .05 milligrams per liter. The last testing of Fridley water came within those limits. The City will continue to provide fluoridation within the requirements of the State law. Mayor Lund asked if Mr. Waldoch was sent a letter regarding the certification of letters. Mr. Waldoch also said he was going to contact staff. He asked if he had done so. Mr. Wysopal replied that he did not contact staff. Councilmember Bolkcom asked if staff sent him a response. Mayor Lund said that typically staff responds in like manner. Councilmember Bolkcom noted that he does not live in this community. Mayor Lund recognized Dave Lacher from the Fridley VFW who made a rendition of Pearl Harbor made out of poppy seeds and won first place in a national contest in St. Louis Missouri. Councilmember Bolkcom thanked those who attended at the TOD presentation and asked if the presentation would be online. Mr. Hickok said the presentation should be online. 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 7:34 P.M. Respectfully Submitted, Krista Peterson Scott J. Lund Recording Secretary Mayor