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CCM 09/22/2014 CITY COUNCIL MEETING CITY OF FRIDLEY SEPTEMBER 22, 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 Darcy Erickson, City Attorney Scott Hickok, Community Development Director James Kosluchar, Public Works Director John Berg, Fire Chief Sue Redmond, Alexander House Pat Gabel, 5947 – 2 ½ Street N.E. Rick Nye, 5477 East Danube Road Donald Anderson, Jr., 7304 West Circle NE PROCLAMATIONS: Domestic Violence Awareness Month: October 2014 Fire Prevention Week: October 5-11, 2014 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of September 8, 2014 APPROVED. NEW BUSINESS: 1. Extension Request for Final Plat Approval, PS #14-01, by Tri-Land Development, Inc., to Subdivide the Existing Large Lot, Located at 250 - 57th Avenue, to Create Two Separate Parcels From the Original Lot; for Development Along 57th Avenue NE (Ward 3). FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 2 Wally Wysopal, City Manager, stated this is a second request for a 60-day extension for final plat approval by Tri-Land Development. This is to subdivide the existing lot located at 250 57th Avenue and create two separate parcels. Councilmember Bolkcom asked if staff thought in 60 days there would be another request for an extension. Scott Hickok, Community Development Director, replied they have been working on the easement agreement. The second revision of the re-plat is being reviewed by Anoka County. They are confident everything will be done in 60 days. APPROVED. 2. Approve Cielo Development Right-of-Way Easement Agreement between the City of Fridley and Cielo Partners, LLC (Ward 1). APPROVED. 3. Resolution Directing Preparation of the Assessment Roll for the 2014 Nuisance Abatement. Mr. Wysopal stated this involves lawn mowing and yard clean-up, etc. There are 32 properties and the assessment will be one year at 6.5 percent. ADOPTED RESOLUTION NO. 2014-66. 4. Resolution Directing Publication of Hearing on the Proposed Assessment Roll for the 2014 Nuisance Abatement. ADOPTED RESOLUTION NO. 2014-67. 5. Claims. APPROVED. 6. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 3 OPEN FORUM: Pat Gabel, said she was at the meeting to let them know they are new members for the Fridley Community Advisory Group that is studying the Fridley superfund sites in Fridley. They have been doing that for about one and one-half years. They are well into it but , and they still need some new people. They do not need a great deal of expertise—just the willingness to work and participate. They do a lot of research and studying. They have a meeting once a month at the Community Center, and the meeting is every third Thursday from 6 p.m. to 8 p.m. What they are doing is studying the sites and trying to promote understanding from the standpoint of environmental, health implications, remediation options, and overall community objectives. They are going to disseminate this information out and eventually will present it at City Hall, too, in some form. Mayor Lund said they started with 20 people and are now down to about 15. Ms. Gabel stated they had 21 originally and are now down to about 13 so they could use more people. It is a positive group and it will help to eliminate a lot of fears and stories that get spread. Mayor Lund asked Ms. Gabel if she expects at some time the Community Advisory Group will wish to come before Council to give their findings of fact and their insights. Ms. Gabel replied, yes, they have talked about that and expect to probably do it within the next year. Councilmember Bolkcom stated people can still attend the meeting if they want. Ms. Gabel replied, absolutely. The meetings are open to the public and they would love to have people attend. They have a lot of good speakers; people who come from the EPA and the Minnesota Pollution Control Agency and provide information. There is always someone there from the Minnesota Department of Health. All these people lend their expertise and provide documents on anything they are interested in learning about. They have all been very good about doing this for them. Rick Nye, 5477 East Danube Road,stated he is there about his street. He called the City quite a few times and other neighbors have too. He has pictures of what it looks like and the shape the concrete is in and how it sits right in front of their driveway. Mayor Lund asked if any repair work had been done. Mr. Nye replied, no. Mayor Lund asked if his issue was about the condition of the streets and if he wanted to see improvements made. Mr. Nye said kids have bent their bike frames and ruined their tires from hitting the holes. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 4 Mayor Lund stated they will look at the pictures and seek some advice from the Public Works Director and will respond to him in the near future. He asked if he wanted the pictures back. Mr. Nye replied, no, he has more. Mayor Lund asked Mr. Kosluchar if he wished to respond or he wanted to wait and get more information about this issue. James Kosluchar , Public Works Director, said he had not spoken with Mr. Nye and was not familiar with that address. Mr. Donald Anderson , 7304 West Circle NE, stated the new street light they put in on Osborne Road and Highway 65 does not turn green for quite a while. Mayor Lund asked in which direction. Mr. Anderson replied, turning northbound on Highway 65 from Osborne Road. He was sitting there waiting for 15 to 20 minutes. Mayor Lund asked if it was during rush hour or non-rush hour traffic. Mr. Anderson replied, non-rush hour. He thought it was on a Saturday. Mayor Lund stated they will talk with MnDOT about that. Mr. Kosluchar stated northbound Highway 65 was opened on Saturday. They were working on rd stoplight timing today. He saw MnDOT crews on Mississippi and 73 Avenue, so they may be working their way up. He will follow up with MnDOT. Councilmember Bolkcom stated on Mississippi going across University about only two cars can get through. Did they change those lights because of the construction? Same thing on East River Road. Mr. Kosluchar stated they have their regular crews out. He did not think they brought them out on Saturday when they opened up the roadway. It is a big job. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 5 NEW BUSINESS: 7.Resolution Establishing the Naming and Recognition Policy for the Springbrook Nature Center SPRING Project. Jack Kirk , Parks and Recreation Director, stated the Springbrook Nature Center Foundation is in the process of some major fundraising for the SPRING Project. The overall SPRING Project is a $7.6 million project, and it was given a tremendous boost when it was included in the State bonding bill in the amount of $5 million. The Foundation knows there is money still to be raised. Mr. Kirk stated the opportunity to put individuals, a corporation, or a business name on the building or other major feature of the project will likely be a key factor in gaining a significant amount of the money. When the SPRING Project was in the beginning stages that was always something that was looked at by the Foundation as an area that would help generate funds. In fact, the Foundation actually presented a proposed policy in 2006 to the Parks and Recreation Commission. While the Commission was favorable to the concept, the fundraising was not underway at that time. They wanted it brought back at a later time when more details were available. They took a more updated proposal to the Parks and Recreation Commission on September 8. The Commission passed a motion of support for that proposal. Mr. Kirk stated having an approved policy up front with all of the guidelines in it is going to be beneficial to everyone. It will be beneficial to the Foundation members as they try to raise funds, to Council if people ask them how to get things named, and to prospective donors. Mr. Kirk stated Council would approve a donation policy with the qualifications so prospective donors and everyone would know what to expect. The Springbrook Nature Center Foundation would receive donations based on the donation and naming rights policy. Gifts and donations would be accepted by the Foundation, and the donor would likely receive some type of tax donation benefit. The Foundation would donate money to the City as directed by the donor, as it is a City project. The large donations with naming rights associated with them would be officially approved by the City Council. Mr. Kirk stated there is a proposed document for Council's consideration this evening. It has been worked on by the Fundraising Committee of the Springbrook Nature Center Foundation SPRING Project and City staff. It is intended to serve as an outline and a guide for the fundraising project for the remaining funds. The Springbrook Nature Center Foundation would like to have some flexibility with respect to the dollar amounts, as they negotiate or have an opportunity to work with prospective donors, and the Parks and Recreation Commission supported that flexibility in its motion and approval. Mr. Kirk stated it would be used by the Foundation to encourage donations to the SPRING Project and provide some clear direction on what they would be doing with naming rights. The top four levels that are listed related to the naming rights would come to the City Council for official action with an agreement being signed. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 6 Mr. Kirk stated any donations over $30,000 are going to have naming rights associated with them. There would be an agreement the City Council would approve. The naming of a facility or feature would follow specific requirements, and there would be proper recognition on the facility or the feature which would identify the donor. There could possibly be something written about the donor as well, depending on the type of facility that was named. Mr. Kirk stated they want to make it clear that the individual, the company, or the organization would not be receiving any other preferential treatment. If a building was named after someone, it does not mean they could use it whenever they wanted to for free. They are not going to be given any preferential treatment other than the naming rights. Mr. Kirk stated in the rare instance a name becomes undesirable or becomes an infamous name, and the City would not want that name associated with it anymore, there is a clause in that policy that would allow the City to remove that name. The document would also recognize sponsored funds or donations in the name of others that would be part of this fundraising plan. If people wanted to donate money in a person's name and collectively they would get to a certain level, and they wanted to name something after that person, that is part of the plan as well. The facility or various structures of the project were given an initial sponsorship level which is in the document. The Foundation would like to have some flexibility as the process unfolds. They are working with Fox Advancement, who is doing a feasibility study at the same time while they are doing their initial fundraising. Therefore, they may come back and recommend those dollar amounts be adjusted. Mr. Kirk said in the policy, there are some memorial and tribute tree guidelines. That was also addressed by the Parks and Recreation Commission who supported those and the recommended funding level. A tree donation for the SPRING Project would be $1,500, which would cover the tree planting, recognition on a centrally-located marker within the project, and also a donation to the overall SPRING Project. There would be very similar guidelines for the memorial bench. The donation would be $2,500 which would cover the bench, the installation, some type of marker or inscription on the bench, and then also a donation to the overall project. The recognition pavers that are going to be part of the walkway area would be paver stones of several different sizes which would have something engraved on them. There would be four price points based on the size: $125, $225, $400, or $1,000. Mr. Kirk stated included in Council's agenda packet is the naming and recognition policy, a resolution establishing that policy, and a copy of the minutes from the September 8, 2014, Parks and Recreation meeting. In addition to the members of the Parks and Recreation Commission, Recreation staff also supports this proposed naming and recognition policy, and recommend City Council approval of the resolution. Mayor Lund asked how successful have they been with their fundraising. Mr. Kirk replied they were going to let the Fox Advancement Group complete the feasibility study and in a couple months come back with the proposed naming and recognition policy. There have been some individuals who have come expressed an interest in making a pretty significant donation, and they wanted to know what their options were. He does not know of any FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 7 specific dollar amount yet. He was told there was one individual who was looking at donating in the neighborhood of $100,000 and that was the first of a possible couple donations by that individual. Councilmember Saefke stated these donations are going to the Springbrook Nature Center Foundation and not to the City of Fridley directly. Mr. Kirk stated the donations would go to the Springbrook Nature Center Foundation which is a 501(c)(3) organization. For many businesses and organizations, that is an important component as they look at their tax benefit to making a donation. However, the project is a City project and, therefore, they are putting a name of a facility or feature on a City of Fridley amenity. That is why it is being approved by the City Council. Councilmember Bolkcom asked the City Attorney if she was comfortable with what was being presented to them. Darcy Erickson , City Attorney, replied this is the first she has seen of it. She had spoken with the City Manager and Jack Kirk; and she thinks they have a collective understanding. The policy is fairly clear and is going to be easy to administer. Councilmember Bolkcom asked if the donations would be on the consent agenda. Mr. Wysopal replied, all the donations will be received by the Foundation which will be turned over to the City with some itemization, and staff would then put them on the consent agenda. They will prepare a form so the public understands where this money is coming from and will identify the donors who gave the money to the Foundation. At a certain level, the large gifts will come before the City Council for a separate Council agenda action so they are all in agreement with the acceptance of the donation and the naming right that may go with it. Councilmember Bolkcom asked on page 60, under “Naming Requirements,” the second to the last paragraph says that no name rights will be given to “whimsical or nonsensical groups, real or imagined." The next paragraph says that if donation requirements are met, naming rights may be given at the discretion of the City of Fridley, upon providing purpose and reason, to fictional characters. She asked if "Goofy" would be considered a fictional character or whimsical or nonsensical, real or imagined and how that was different. Mr. Kirk replied that is a good point. It gives the City Council the ability to deny the use of the proposed name if they feel it is inappropriate. Councilmember Bolkcom said it says social or service clubs that do not serve the Twin Cities metro area. She asked if it mattered if they served the metro area. Mr. Kirk said he did not know that it mattered. They wanted to make sure they did not limit themselves if they did have a group that was outside of one that was a local organization that wanted to donate to this project because they believed in nature or interpretive education. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 8 Councilmember Bolkcom stated there is nothing under the naming rights related to being in the Twin Cities area. Mr. Kirk stated in the initial proposal, the Foundation put it in there thinking it may broaden their reach so they left it in. Councilmember Bolkcom stated but it says at the discretion of the City of Fridley. It did not make sense why they care whether they serve the metro area. She asked if she donates money for a bench and the bench gets its own placard, will it be by the bench? Mr. Kirk replied it was embedded into it. Councilmember Bolkcom stated if it gets damaged beyond repair, it goes away unless the donor wants to spend more money to put another bench in. Mr. Kirk replied that is the same approach they take with the benches in the other parts of the park system. Councilmember Bolkcom stated originally when this was discussed at their workshop, the trees had the same thing. However, No. 5 on Page 63, says there is going to be a shared marker. Same thing with a tree, if it is damaged or it dies, it is gone. They do not remove their name where it is centrally located. Mr. Kirk stated it states in No. 9 that in the event it is damaged or replaced the City may choose not to. They would not remove it. He is envisioning the shared markers could have potentially 20 names on it. They are not going to try and scratch it out. They donated it in good faith. What they are trying to do is protect it. If there was a significant vandalism spree, the City is not going to have to go out and all at once replace all of these items that somebody donated. Some of these things are at the mercy of nature as well. Councilmember Bolkcom asked who they would call if they have $6,000 to $100,000 to donate. Mr. Kirk replied they could call him or any one of the Springbrook Foundation members who are listed on the Foundation’s website. Councilmember Barnette asked whether any of these things are insured. Mr. Kirk said the City has a large deductible in terms of the insurance coverage. Overall, the building is insured but the smaller items are not. The City could handle replacing some items, but if there was a vandalism spree, they might have to pick and choose what could be replaced at that time. MOTION by Councilmember Bolkcom to adopt Resolution No. 2014-68. Seconded by Councilmember Saefke. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 9 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. Informal Status Report. Mr. Wysopal stated absentee voting is now taking place through November 3. If people would like to vote absentee, they can do it by mail or by calling City Hall. They can also show up at City Hall any time between 8 a.m. and 4:30 p.m. through October 31. On Saturday, November 1, City Hall will be open for absentee voting from 10 a.m. to 3 p.m. On Monday, November 3, City Hall will be open from 8 a.m. to 5 p.m. 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 7:54 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor