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CCM 11/23/2015 CITY COUNCIL MEETING CITY OF FRIDLEY NOVEMBER 23, 2015 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 Deb Skogen, City Clerk Jack Kirk, Director of Parks and Recreation APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of November 9, 2015. APPROVED. NEW BUSINESS: 1.Resolution Approving Final Plat, P.S. #15-02, Gilbertsons Addition, by Arnold Gilbertson, the Property Owner of the Lots Located at 137 and 181 Talmadge Way N.E. (Ward 3). ADOPTED RESOLUTION NO. 2015-57. 2.Approve Contract for Towing, Impounding and Storage of Motor Vehicles between the City of Fridley and Schmit Towing, Inc. Wally Wysopal, City Manager, stated this is a continuation of a two-year extension. Councilmember Bolkcom referred to page 19 and asked whether it says “2012” because that is when they originally had the contract. She asked if it should say 2015? FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 2015 PAGE 2 Darcy Erickson , City Attorney, replied, it is just a carryover. Councilmember Bolkcom stated she does not want the answer tonight, but does the City normally do background checks? On page 20, third paragraph, it states the City reserves the right to conduct background checks on all employees of the contractor at the time of the execution of this contract and annually thereafter. Is that something the City does? Mr. Wysopal replied, yes. It would be at the initiation of the contract. They will get her the exact information. Councilmember Bolkcom stated on page 24, the fuel surcharge, is $7. She was adding up how much it would cost to have your car towed, and it is amazing. APPROVED. 3.Claims (170472 - 170634). APPROVED. 4.Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. ADOPTION OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda with the correction to Page 19, the year 2012 being changed to 2015. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: No one from the audience spoke. 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 NOVEMBER 23, 2015 PAGE 3 OLD BUSINESS: 5.Second Reading of an Ordinance Repealing and Replacing Language in Chapter 205.27 Creek and River Preservation Overlay of the Fridley Zoning Code Pertaining to Floodplain Management and Adopting New Maps Relative to Said Ordinance and, Adopt Official Title and Summary Ordinance Scott Hickok, Community Development Director, stated FEMA (Federal Emergency Management Association) has prepared a new digital set of floodplain maps. The City needs to adopt these maps for property owners to be able to obtain flood insurance. FEMA's designated floodplain areas have insurance requirements and building limitations near waterways. That preserves the function of the waterway and also protects the City's homeowners and their property. Mr. Hickok stated the previous City Code used terms that did not match the maps. It also followed a special use permit process for building in the Flood Fringe areas which staff has wanted to eliminate. Staff has spent a lot of time talking with the DNR on this particular matter. The reason for that is special use permit provisions on FEMA, it is a federal organization and it is locally the State. The Department of Natural Resources insists this is something the local jurisdiction would regulate and enforce. Fridley has been given that legislative ability and for the City to take it one step further and put its own stipulations on when the City is only making sure they are following federal requirements. Staff did not want to put the City further on the hook in the event of a flood or any other incident. Staff thinks that following FEMA standards is the right way to go. A special use permit further obligates the City, and they prefer to take another alternative. Mr. Hickok stated staff has improved and updated the definitions, clearly defined a purpose statement, updated the reference to FEMA maps which are now better than they have ever been before, and defined the process for applying for map changes to FEMA. They put a limit on building in the remaining Floodway area, and they have also insisted on building in accordance with floodproofing standards in Flood Fringe areas which will now be regulated by a "Provisional Use" permit rather than a special use permit which requires public hearings. This is an outcome of the discussion with the DNR. Most everyone else calls it special use permits in their city. The DNR uses special use permits to set these off with something different from a conditional use permit. Since the City uses the term, special use permit, they suggested the City use a term they use up in Moorhead and that is, provisional use. Staff substituted provisional use for special use. It simply means internal further review which is beyond just a permit review by staff. It does not require a special use permit public hearing though. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 2015 PAGE 4 Mr. Hickok stated paragraphs 2.6 and 4.13 in the ordinance are not properly indented and will be fixed. Mr. Hickok stated last time they talked a little bit about the difficulty of accessing the weblink. That has been fixed. You can go to the City's website (www.fridley.mn.gov) and enter the words "floodplain map" in the search bar. You enter your address, hit the "plus" button, and it will show you where the line is on your property. Mr. Hickok stated to expect map revisions in the future. Staff is working with the watershed districts to supplement map details for some areas around Locke Lake and Rice Creek where FEMA did not provide flood fringe data. Jim Kosluchar is working closely with the watershed districts on this, and will likely be sending in a set of flood amendments to FEMA and the DNR. Mr. Hickok stated as to the negotiations with the DNR, staff sent the revisions to the DNR last Friday. They have not disagreed with any of the suggestions. They have not responded which they can only take as a matter of endorsement. Mr. Hickok stated staff proposes approval of the second reading of this ordinance, TA #15-05, with the corrections mentioned. The ordinance will need to be published before December 16 to keep everyone's insurance intact. Staff has prepared a summary ordinance for publication. Staff will need to submit this to the newspaper this week for publication. The ordi9njance will not be law until 15 days after publication, but the DNR thought that would be acceptable. There was a deadline in order to continue to be able to get flood insurance, they needed to have this amendment made by December 16. Mayor Lund referred to page 92 where it states staff recommends a motion to remove the first reading of the ordinance pertaining to license approvals from the table. He said he thought they approved the first reading and said they would take up further discussion with the second. Mr. Hickok replied they did. That was improperly stated. Mayor Lund stated staff mentioned there are still a few minor issues, that they are hopeful the DNR will okay, so Council is approving this prior to having 100 percent agreement with the DNR. What happens if they approve this and then still have some disagreement? Mr. Hickok replied that is where staff has to say they have done everything they can to negotiate with the DNR. The DNR knew the amendments the City was going to make. The biggest piece that would be of concern is just the substitution of provisional use for special use, and it was their recommendation for the City to do that. There were some other minor corrections. Mayor Lund stated nothing substantial. Mr. Hickok replied, nothing substantial. Staff does feel that by virtue of not hearing from the DNR, it is their endorsement of staff's changes. Staff has done everything they could to get this FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 2015 PAGE 5 adopted by December 16. When they come back with those map amendments, if there is anything else the DNR wants to see modified, they will let Council know. Mayor Lund stated the City sent out 429 letters to potentially affected property owners. As of two weeks ago, the City had only heard from around 10 of them. Also, there were a few people in the audience for the public hearing. He asked if staff had been contacted between the last meeting and now. Mr. Hickok replied there were a total of 32 contacts that came in and of those, 85 percent just needed to know more information. The remaining 15 percent just wanted to discuss further elements of FEMA requirements and standards for building--those types of things. Mayor Lund asked out of the calls staff received, how many would be positively impacted by these changes or how many might be negatively impacted? Mr. Hickok replied, there were two properties that come to mind that really are probably most affected. Of the 32 who called in, 31 of those are actually in a better situation by virtue of the fact that the line is now better defined on the site. Councilmember Bolkcom stated, she is confused. They hold the second reading, and then it could come back to them. They could see some other changes? Mr. Hickok replied they consider this done. However, there are possible other refinements that could not be done at this time. The FEMA maps still are not 100 percent perfect. They digitized as best they could but left the area by Locke Lake and the area of the easternmost part of the City along Rice Creek not digitized. Staff thinks the part around eastern Rice Creek from about Old Central over to the City's eastern boundary are actually the same. Probably almost identical in terms of where the line lies. Probably the biggest areas are around Locke Lake where there needs to be further definition. Should any of those folks who live around Locke Lake be concerned? Here, again, it is more about their defining where the line is and where flood plain vs. flood fringe is, because right now the lines are right on top of each other. Further analysis is going to be done to make sure that is the case and, if they find that an amendment is needed, then it will come back. Staff's recommendation is for Council to approve the second reading. If there is a further refinement, staff will come back. Councilmember Bolkcom asked and how does staff come to that conclusion on the analysis. Mr. Hickok replied, staff thinks the watershed district has better information, better digital information than the DNR and FEMA. It is all about who has the best digital data. If that is the case then the City will have better maps for them. Councilmember Bolkcom stated and then staff will take those maps? FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 2015 PAGE 6 Mr. Hickok replied, there is a process spelled out in the City Code that staff can submit amendments to Council for review. It is hard to argue with better data. He said he cannot guarantee they will accept them. Part of it comes down to the enormous task they had in mapping. In some cases where it gets to be so close, they probably left it as good enough. Staff wants to make sure it is good enough. That is why they want to go back and analyze it further. Councilmember Bolkcom asked if they were confident that if someone went on the map and looked at their property it would be correct. Mr. Hickok replied, yes, if you do not live around Locke Lake. Even if you do, you will see that map line is acceptable to FEMA. That is the line they would use for everyone else and that is around the creek. There is better definition of where that line is. Councilmember Bolkcom asked if a notice is being sent to people because staff thinks there are only two people who are adversely affected. A lot of those other people are already in the flood plain and know they are. Mr. Hickok replied, staff sent a letter to everyone that who a line somewhere on their property relative to this ordinance. Those people have already been notified. If they have a question, they can call the City. Councilmember Bolkcom said before people call to get flood insurance, they need to make sure they really need it. MOTION by Councilmember Saefke to waive the reading of the ordinance and adopt Ordinance No. ____ on second reading and order publication. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Saefke to adopt the Official Title and Summary Ordinance. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. First Reading of an Ordinance Amending Fridley City Code Pertaining to the Approval and Issuance of Business, Rental and Contractor Licensing (Continued October 26, 2015). MOTION by Councilmember Bolkcom to reopen the public hearing. Seconded by Councilmember Saefke. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 2015 PAGE 7 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS REOPENED AT 7:24 P.M. Deb Skogen , City Clerk, said it has been the practice of Council to approve all licenses on the consent agenda at a Council meeting. The current practice is sometimes inefficient and sometimes delays businesses from opening in an orderly manner. City Council and staff met in August to discuss the licensing process. At that time, staff was directed to review the City Code to determine who is responsible for approval. Some sections were silent, some identified a special person by title, and some designated the City Council. The first reading was presented to the City Council on October 26. Ms. Skogen stated staff contacted eight communities for information on their approval process. Of those communities, five have a mixture where some are done administratively and some are approved by the city council. Three cities still required the city council to approve all licenses. Based on all the discussion and information, an ordinance was drafted and presented to Council. Changes were made to Chapter 11, which is general provisions and fees. Staff is creating Section 11.06 which would allow for the approval and issuance of the license administratively unless otherwise specified in the City Code, and provide a list to the City Council for their information. Ms. Skogen stated in Section 2, Chapter 13, Gasoline Sales, this type of new business would go through the Planning Commission process before coming to City Council for their approval prior to the licensing procedure. Amendments were made to Section 13.05 requiring the licensee to meet all of the applicable zoning requirements and repealing Section 13.06 requiring City Council approval of the license. Ms. Skogen stated in Section 3, Chapter 17, Auctions, State law does not allow cities to license auctions. Staff is amending Section 17.07, replacing the City Council approval with the proof of the auctioneer's state license and repealing Sections 17.08 and 17.09 which removes the licensing and fee requirements because of the change in State law. Ms. Skogen stated in Section 4, Chapter 18, Motor Vehicle Body Repair, this type of business would go through the Planning and zoning process prior to the licensing procedures. It would amend Section 18.12 by replacing City Council with City Clerk and adding Community Development Director along with the Public Safety Director for recommendation. Ms. Skogen stated as to Chapter 22, Music Festivals, this license is currently approved by the City Manager. It amends Section 22.09 by replacing the term, Finance Director, with City Clerk and replacing Assistant City Manager with Public Safety Director. It amends Section 22.14 by directing the City Clerk to issue the license after review and approval process by the City Manager. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 2015 PAGE 8 Ms. Skogen stated Section 6, Chapter 23, covers Dances. It amends Section 23.03 by replacing the City Council with the Public Safety Director. Ms. Skogen stated Section 7, Chapter 24, Junk Yards, this type of business would go through the Planning and zoning process prior to the licensing process. It creates Section 24.04, providing for a review process by the Public Safety Director, Fire Marshal, and City Planner to ensure the applicant has met all of the requirements. Ms. Skogen stated as to Section 8, Animal Control, pertains to livestock and amends Section 101.03.2.A requiring the applicant to file the license application with the City Clerk. It also amends Section 101.3.2.B replacing the City Council with the Community Development Director, providing for additional language regarding adverse effects, and authorizing the City Clerk to issue the license. Ms. Skogen said Section 9 under the Building Code amends Section 206.07.3, Contractor License, by removing the requirement of the City Council approval prior to issuing contractor licenses. The majority of contractors are already licensed by the State of Minnesota and, as far as residential contractors, the City cannot charge anymore than a $5 fee. This would remove that requirement of the Council approval. Ms. Skogen stated at this time she would recommend holding the first reading of the ordinance amending Fridley City Code Chapters 11, 13, 17, 18, 22, 23, 24, 101, and 206, pertaining to license approval and issuance process. Mayor Lund referred to Section 4, page 97 of the agenda, Chapter 18, Motor Vehicle Repair Businesses. The third sentence says, "If the application is deficient, the city clerk shall act on the application within forty-five (45) days from the date that the deficiency has been corrected.” He said it seems like 45 days is a lot of time from the time deficiencies in an application are corrected before you can act on them because you already looked at the application to note the deficiency. Mayor Lund stated then it goes on to say that "If the city clerk fails to timely act on the application, the application shall be entitled to operate on an interim basis. . .." That does not seem to be common or typical in any of the City's things. Why would the City take so long to act on deficiencies that are corrected in an application. He asked for an example of why someone would be able to operate on an interim basis because the City Clerk or somebody else did not act within that 45 days. It seems like that is a long period of time. Ms. Skogen replied, when staff was looking through the section, they were only looking at the approval process. She was not necessarily looking at the time. He is correct. Most of this would be identified during the Planning process now. She could certainly remove that sentence. Mayor Lund stated, right. It should be at least reworked or re-thought. It is not a change that he can see was either deleted or added so it was already existing but, given what she is FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 2015 PAGE 9 recommending for changes, those two items in Chapter 18 should be reviewed, The same thing happens in the next section she is proposing changes in, Chapter 22, under Music Festivals. Within 45 days of the filing of a completed application. There again it seems like an excessive period of time. Not that it is a big thing since the only festival he can think of is '49er Days. Ms. Skogen replied the process has been to give it enough time to get to the City Council. Mayor Lund stated for streamlining they can close that window down—15 days or 20 days. Ms. Skogen asked whether it would be good for staff to look at that and bring it back to Council for the second reading. Mayor Lund replied, that would be appropriate. Councilmember Bolkcom stated she is against a lot of these and will not be voting for them. Some of them are not that big of a deal. She is having a hard time with this because she is a city councilmember and some of these things could cause issues. There have been issues in the past with gasoline sales, public dances, and motor vehicle repair. She is not going to agree with it. In the presentation, as to junk yards, it would go to someone else; but on page 94 it would remain with the City Council. The one and only time she ever had some issues is livestock. Someone to have to wait to have their pig at their house or have a chicken coop to her is not that big of a deal. Mayor Lund stated as to Junk Yards, that is going to the Council. Ms. Skogen said that was one license Council decided in August they wanted to continue to approve. Councilmember Bolkcom stated at the bottom of the table, she does not like the word "subordinate." It says it in several places and it is one of those things where it has been there in the past. On the bottom of page 94, it should probably say "Community Development Director or designee" because if you really want to streamline things you probably would want to do it even if the Director is gone. Same thing with Public Safety Director. There are times when they are not around. If you really want to streamline things, there might be someone else that could be looking at some of those ordinances. Ms. Skogen stated they tried to make it consistent, and in some places it did talk about subordinate. A subordinate is somebody who would be underneath the director. Councilmember Bolkcom stated then you might not have a Community Development Director designee. Why could it not be designee vs. subordinate? She does not like the word. Attorney Erickson stated it is a matter of preference, and you may have to change a lot more provisions in the licensee portions of the Code. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 2015 PAGE 10 Mayor Lund asked Councilmember Bolkcom specifically which sections she had issues with. Councilmember Bolkcom replied, Motor Vehicle Repair, Gasoline Sales, Public Dances (although she does not think that is a huge issue), Junk Yards; and livestock. She knows there is a Planning Commission if they need a special use permit, but it is one more chance for someone who maybe would want a discussion about something. It could come back before the City Council. She does not see the urgency. With respect to Motor Vehicle Body Repair and Junk Yards, it is going to take them a while to do everything anyway. So what if it has to come before the City Council. Especially when the City would be giving them 45 days, according to other sections. Mayor Lund stated as to Gasoline Sales, he does think the process is pretty thorough, and the licensing is pretty much just administrative. Councilmember Bolkcom replied she is not going to change her mind. Part of the reason she was elected was for some of these issues that do impact people in their neighborhood. Gasoline sales definitely does. They have had long discussions in the past at more than one place where it has happened. Mayor Lund stated he is thinking of the one over by Highway 65. Councilmember Bolkcom stated they also have had Bona Brothers. With respect to Motor Vehicle Repair, there are issues with some of those place. They do need a special use permit, but the way the Fridley community is set up, they are backed up against neighborhoods. She just has a different feeling about why she is here. She wants to streamline things for people. She does not think they are really going to streamline it that much. MOTION by Councilmember Barnette to close 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 WAS CLOSED AT 7:44 P.M. Councilmember Barnette asked Councilmember Bolkcom to once again tell him which ones she was mostly concerned about. Councilmember Bolkcom replied the Gasoline Sales which is No. 13. Motor Vehicle Repair which is No. 18. The Public Dancing one she would live with. However, they also have to think about the future. Then No. 24, Junk Yards; and 101, Livestock. Livestock is becoming a bigger issue in other communities. Councilmember Varichak stated and it does look like Junk Yards does go to the City Council. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 2015 PAGE 11 Councilmember Bolkcom replied, right, but she had circled that one because in the presentation it said it was not going to change. Councilmember Saefke asked Councilmember Bolkcom whether she still has a problem with it. Councilmember Bolkcom replied no she does not have a problem. Cross out that one. Ms. Skogen stated if any of the licenses had an issue and staff felt that there were questions, they would bring it to Council for their review; and let them make the decision whether it should be approved. Councilmember Bolkcom replied, the only issue she has with that is, granted all City staff are very good, but it does put more ownership on one or two people than it does on a whole body of people. No one says that each and every staff member does not do their job and does not research things. She feels that part of that is for them to bring it back to her and let her and the other four elected people make a decision on some of those things that she feels impacts people more than they sometimes think they do. Mayor Lund stated on page 95, the first page of the ordinance, it says Attachment 2. He asked if there was an Attachment 1? Ms. Skogen replied, Attachment 1 is the City chart. Councilmember Bolkcom asked Mayor Lund if he would go over what he would like to see changed. Mayor Lund stated he reviewed them and thought these were okay. That is why he wanted to know the specific items that Councilmember Bolkcom had issues with. He is trying to think historically or in the future where that might be an issue where, for example, gasoline sales, maybe a gas station being built. He did not think it was Bona Brothers specifically. They have a parking issue there and still do today. Does he think it is an appropriate spot? Yes, and he remembers they wanted to put in a car wash. They at first denied it and then revisited it at the next Council meeting. The only one that was such a big item was the Holiday station near I-694. Councilmember Bolkcom stated those are things that can be discussed one more time and have that conversation among people who have that concern. That is what they are elected to do. Mayor Lund replied, he understands. He finds so many of those times though that people think Council has a lot of latitude on denying or approving certain things, they really do not. It is all layered by the zoning and what is permissible in a special use permit or a provisional one. Councilmember Bolkcom stated you can put more stipulations in or help define a stipulation. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 2015 PAGE 12 Mayor Lund stated as to Motor Vehicle Repairs, sometimes the biggest concerns it seems to him and in any community, is that they are running a legitimate shop and not a chop shop. They do not want illegal activities. The other one that they have had issues with in the past, is illegal paint use. Although this is motor vehicle repair, he does not know that really talks specifically to paint shops. Ms. Skogen stated the City currently does not license motor vehicle repair which is mechanical, but rather, the motor vehicle body repair. Mayor Lund asked how do they catch them if they are doing body repair work, and they do not even have a paint booth. Councilmember Saefke stated through fire inspection. Councilmember Saefke asked, on the gasoline sales license, right now it is City Council approval and the final approval in the new ordinance is silent on that. How come? Ms. Skogen replied, because that would be very similar to several of the other codes. That is where Section 11.06 would come in. It would allow it to be approved administratively which is Section 1 right before the Gasoline Sales. Councilmember Bolkcom stated City staff did tell the Council that several other cities have done different things; however, they do not really know how they have changed. They did not really get a table of what things they have changed. In Ms. Skogen's presentation she stated that she had talked to eight different communities and some were still doing it. She asked why they were still doing it that way. Five of the eight had a mixture of administrative and Council approval, but they do not have any idea which ones they are approving. Three are continuing to approve all of them. Council does not know which cities those are, and if they have even looked at it, or is that what they have been doing in the past. That was her own fault because Mr. Wysopal even called her and asked if she had any other questions, and she never called him back. Mr. Wysopal stated it is important to know what other cities are doing to get some context to it. Even if another city were to look at Fridley's ordinance and say, does the Council require approval of peddlers’ or solicitors’ licenses, it would make the objective decision and say, no they do not. However, if they were to ask Fridley they would reply in practice they do. Every city has some nuances and things where they have to do what is right. They are certainly open to some modifications, if Council wants to see more restriction in certain areas. There certainly are some here where, for example, with solicitors, peddlers, etc. that clearly need to be released from the administrative burden. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 2015 PAGE 13 Councilmember Bolkcom replied, all five of them would agree that they do not need to do that. Councilmember Varichak stated it went through so many people before it would be allowed and, if there was anything, staff would come to Council and say, we need you to look at this because they are uncertain about all of the things that are happening with a gasoline sale or a motor vehicle repair place. Staff could approve that but, if there was anything they felt was not appropriate, staff would come to Council and have them look at it. That is why she thought this sounded okay. Councilmember Bolkcom replied, and that all depends on how many people are viewing it and if anyone asked Councilmember Varichak, how did you allow that to be in my neighborhood? She would reply, well, it is a special use permit but the rest of it has already been approved. Councilmember Varichak stated she understands Councilmember Bolkcom's thought process. This would go through so many commissions and so many steps to get approved that she thought that everything would be in place. Councilmember Bolkcom asked whether there is an appeal process if staff turns something down in this process. Where does it go from there? Ms. Skogen replied, she does not have the section of the Code with her, but the separate section of the Code may have an appeal section that they could come to the Council or staff could bring it to Council if there was an issue. Councilmember Bolkcom asked does that section change because of the process then? Ms. Skogen replied that section would not change. Councilmember Bolkcom stated they do not have it front of them. Ms. Skogen replied that is something she can look at and provide the information ahead of time so if she had any questions she could try and help her with those. Mr. Hickok stated for example, if someone in Councilmember Varichak's neighborhood came up to her and said something about a gas station being approved, a special use permit would have to be approved first. A license would not be issued without a special use permit being in place, because that is essential to a gas station being there. That requires a public hearing. The license is only given after that special use permit has been granted. Councilmember Barnette stated they have had trouble with the livestock license, with pigeons and that type of thing. He would like to have that come back to them for approval. He would not want the neighbors to complain. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 2015 PAGE 14 Mr. Wysopal stated as the City Manager, he wants to make sure he gives Council whatever information that would be pertinent for them to make that decision on a livestock license. In the City Code right now, they have objective standards for livestock. He wants to do everything he can to make sure Council can make objective decisions. He wants to make sure that whatever decision they are going to make, they are using the same objective standards for every person who comes for a permit. Mayor Lund stated as opposed to somebody coming before them and maybe presenting it better or lobbying them instead of sticking to the actual format the City has in place already. Councilmember Bolkcom asked, but is that not the City staff's responsibility to bring them all the information no matter what it is that is on the agenda? Mr. Wysopal stated without those standards, if it is going to be decided on something else, like bringing it directly to Council, they open themselves up to those other opportunities--being lobbied and that kind of thing. Councilmember Bolkcom replied but they take an oath saying they are not going to play favoritism, and they actually look at the facts no matter what is before them. They had learned all about chicken coops and read about them. They do their due diligence once they get the information. It is very is similar to when she and Councilmember Varichak spent time thinking about a crematorium. They do that. It is both the Council's and staff's responsibilities to get all the information. Councilmember Saefke stated they already have precedence for chicken coops and pigeon houses. There are standards that have been met and kept, and he believed they are inspected occasionally. Nothing would be allowed in any area that was not zoned for that particular activity. He does understand about the gasoline station on Old Central and Highway 65 and how that is. Again, they had one that just got torn down that was kind of in a residential area. That was preexisting. As long as there is an appeal process for anyone who feels slighted by not getting a license or does not agree with the reasons why. If it is black and white and in the Code, he does not have a problem with it. It is like the building code. They do not know anything about the building code, and generally just adopt the State building code anyhow and then make further restrictions if it is so desired. Again, that is up to the Chief Building Official and not him because he is not a carpenter. Councilmember Bolkcom asked where it was. Councilmember Saefke replied, Building Code, No. 206. Ms. Skogen stated it is on the last page of the ordinance. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 2015 PAGE 15 Councilmember Saefke stated he does not have a problem with the majority of things. If they wanted to change the Gasoline back to City Council approval, he would not have a problem with that either. However, he does not have a problem with the way it is written. Mayor Lund stated he has to agree with Councilmember Saefke. There are enough precedences already set, and it just really takes it away from the Council to try and make some exception to what they typically do because somebody did a better job of lobbying this rather than just sticking to the standards that are already in place. Councilmember Bolkcom replied, she disagrees. It is not lobbying someone. It is looking at the facts one more time, and it also hearing from people one more time if there is something that is an issue. There have been times the Council puts stipulations that some other people have not thought of. MOTION by Councilmember Saefke to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Barnette. Councilmember Bolkcom asked, if there is an appeal process, is there a fee for that appeal? Ms. Skogen replied, at this time there is nothing set for the appeal as far as the cost. Councilmember Bolkcom asked Ms. Skogen if she could bring that information to the next meeting. Have it in their next packet. UPON A VOICE VOTE, COUNCILMEMBERS BARNETTE, VARICHAK, SAFEKE AND MAYOR LUND VOTING AYE, AND COUNCILMEMBER BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY ON A 4-1 VOTE. 7. Approve Agreement for Professional Services Between the City of Fridley and Hoisington Koegler Group, Inc., to Provide Phase 2 Construction Documents for the Springbrook Nature Center Project. Jack Kirk, Director of Parks and Recreation, stated the SPRING project has been divided into two phases. Phase 1 is the building and the immediate area outside of the building and, Phase 2 are the other improvements to the site. In March, the City entered into an agreement with Hoisington Koegler Group, Inc. (HKGI) to provide for the planning of the Phase 2 elements. Some of the features of Phase 2 were an outdoor amphitheater, a picnic pavillion, a nature-based play area, a trail network, a plaza and some outdoor classrooms. Mr. Kirk stated HKGI worked closely with their local design team over the course of last spring and early summer to come up with some ideas and some planning concepts of how Phase 2 could be laid out. The local community was very pleased with the results. Now that the building is under construction and the fundraising has been actually going quite well from the Springbrook FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 2015 PAGE 16 Foundation standpoint, the Foundation has asked if they could get construction drawings done on the Phase 2 elements. That way as they get into the spring of the year, assuming the funding would be in place for the project, they would already have the construction drawings done. They would then be in a position to move ahead and get bids and get some of the construction on some of these items done as early as next summer or fall. Mr. Kirk stated they do have a proposal in Council's packet from HKGI to provide for putting together the construction documents and construction administration. HKGI has outlined in their proposal the work to be performed, the timeline, and the fees for their services. They are proposing a not-to-exceed amount of $61,500 plus reimbursable expenses. Mr. Kirk stated the planning work that was done this spring was all reimbursed to the City from the Springbrook Nature Center Foundation. The City did enter into the agreement with the understanding the Foundation would pay for that, and that would be the same with this particular agreement. The Foundation has agreed to cover all costs. There is a letter he received from the Chair of the Springbrook Foundation, Malcolm Mitchell, and that is in their packet. The Foundation did pass a motion at their meeting that they would cover the cost. It did not list a specific cost, but he personally has talked with Mr. Mitchell and subsequently received an e-mail from him acknowledging the cost; and they are willing to cover those with these construction documents being done by HKGI. Mr. Kirk stated it is his recommendation the City Council approve the agreement with HKGI to provide construction documents and construction elements for Phase 2 of the Springbrook Nature Center improvements project. If approved, the City's local design team would once again work closely with the HKGI staff in completing these documents. Once again if the funds were available, there is a chance that some of the items might be able to be bid next spring for summer or fall construction next year. Councilmember Bolkcom referred to page 101, the third paragraph, it says, "They are proposing a not to exceed amount of $61,500 plus reimbursable expenses". What are the reimbursable expenses vs. the $61,500? Mr. Kirk replied, most of the time that is mileage and printing. Usually it is listed in the proposal. Councilmember Bolkcom stated it is on page 109. That is her question. What is the amount? Because then her second question is, as she understood from Mr. Kirk, that they have a letter from Malcolm Mitchell but there is no number in there. Mr. Kirk stated he believed with some of their recent planning, with the architects, the number, $5,000, comes to mind in terms of printing some of the plans. That was a much larger scale than what this is. They will have mileage coming from their office to some meetings. He does not have a set figure but he estimates it to be $3,000 or less. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 2015 PAGE 17 Mayor Lund stated it is a small percentage. Mr. Kirk stated it is usually pretty standard language in these agreements. They have had it in other ones they have done and it has not amounted to a large dollar sum. Councilmember Bolkcom referred to page 102, under 2(b), "Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Consultant shall require prior written approval by the authorized representative of the City or by the City Council" but then on page 104 it says "The City has designated Jack Kirk, Director of Parks and Recreation, to act as the City's representative with respect to the Services to be performed under this Agreement.” Which is it? Mr. Kirk replied, from his standpoint in this particular agreement, he would not authorize any additional cost until they had both the City and primarily the Springbrook Foundation approval, because they have agreed to cover all costs with this. It will not cost the City anything. It is certainly something he could bring back to Council. He would check with the Foundation to make sure they were willing to do that. He does not know that they will run into that. They have not with previous agreements with HKGI. Councilmember Bolkcom stated it is just that cities use it in many ways because then under "Subcontractor" it says, "Consultant shall not enter into subcontracts for any other services provided for in this Agreement without the express written consent of the City . . . .” Is it the City, Mr. Kirk, or is it the City Council? The term "City" is used many different ways in this Agreement. It states he shall have complete authority to transmit instructions, receive information, interpret and define the City's policy and decisions with respect to the services covered by this Agreement. Mayor Lund stated his job is on the line. Councilmember Bolkcom stated it is a little iffy in some sections where the term “City” is used. A lot of other contracts define what "City" means. Attorney Erickson stated the City is defined at the top of this Agreement as just the City of Fridley. She would interpret what she is describing as Mr. Kirk being the complete authority so they have one voice, one person at the City they can come talk to. However, Mr. Kirk does not have any more authority to sign documents on the City's behalf than she does. The Council acts on behalf of the City and would have to authorize. It is just a point of reference so HKGI knows who they can deal with. Councilmember Bolkcom asked in "Payment", Section 2(b) is it Mr. Kirk, or is it the City or is it authorized representative? Attorney Erickson stated there has been the extension of the Foundation to pay for it. Mr. Kirk would bring it both to the Foundation and to the City Council. She is sure he would not want to FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 2015 PAGE 18 approve anything and probably would not have the authority to go outside of this to do so, but he can communicate to Hoisington whether it has been approved and authorize payments and so forth. Councilmember Bolkcom stated she is all for this and it is exciting that they have raised all this money. However, when they are approving this tonight, they are approving the $61,500 and then there is another $3,000? It would be about $65,000 before it would come back to the Council regarding additional money that might be extended? Because she is thinking if the Foundation does not have that then does the City? Also, because they are entering into an agreement, are they as a City Council agreeing to pay any additional money without having any further notification? Mayor Lund stated he can assure Councilmember Bolkcom that the Foundation in their letter has given a “thumbs up” to it, and is working collectively with the City. They have a comfort level that greatly exceeds the $61,500. It has to make sense for all parties. He cannot see a single instance here or anyplace else that they would not come back to the Council when there has been some issue greatly increasing the cost of that $61,500. Any other items are going to come back to them much like a change order. A change order will indicate why the contractor feels they are justified to receive other expenses or some increase and why they have to get a subcontractor. It is going to come back to them for their knowledge. It certainly is going to go back to the Nature Center, and if it is anything that reasonably makes sense, they are going to approve it. Councilmember Bolkcom replied, yes, but normally when they approve a bid it actually has a set amount. Mayor Lund stated this just gives them an opportunity to have it come back to the City and say the contract says here that we have the ability to get an outside contractor if a need arises and reimburse expenses that are called for. However, they need to justify those expenses. They cannot just give them something and say, oh, it is in the contract. There is no dollar amount. They could say yes or no so the contractor better get an approval for getting a subcontractor before they actually do it. He thinks what is in here is reasonable. Councilmember Bolkcom stated she is not saying that it is not reasonable. She just wanted to know. Mayor Lund stated it would be no different if you were to hire somebody for $61,500 and all of a sudden midstream that person comes back and says, we are going to raise the prices or whatever. It better be justified or you are going to say no. Councilmember Bolkcom replied but that is between her and a contractor. Mayor Lund stated, well, this is between the contractor and the City and Springbrook. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 2015 PAGE 19 Councilmember Barnette referred to the cover memorandum on page 101. In the fourth paragraph, it says "The Springbrook Nature Center Foundation has agreed to cover all costs related to the preparation of the construction document." It goes on and says, "I spoke with Mr. Mitchell via the phone on Wednesday, November 18, 2015, to discuss the specific dollar amount in the HKGi proposal, and he confirmed that the Foundation would cover these costs.” However, the letter from Malcolm Mitchell on page 111 does not specifically say they are going to cover the costs. Mr. Kirk stated they passed a motion at their meeting on October 12. That was before they had spoken with HKGI and gotten the proposal from them. He does not have it with him, but he does have an e-mail from Mr. Mitchell, and he spoke to him on the phone, and he knows the cost and so does the Foundation. In fact, in his e-mail Mr. Mitchell states that he has contacted each of the Board members and they all agree. MOTION by Councilmember Bolkcom to approve the Agreement for Professional Services between the City of Fridley and Hoisington Koegler Group, Inc., to Provide Phase 2 Construction Documents for the Springbrook Nature Center Project. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. Approve Agreement for Professional Services Between the City of Fridley and Split Rock Studios to Provide Continuing Professional Services for Fabrication and Installation of Interpretive Exhibits at Springbrook Nature Center. Jack Kirk, Director of Parks and Recreation, said they have been working with Split Rock Studios for over a year and one-half on the exhibits for the new Springbrook Nature Center interpretive building. Mr. Kirk stated early in 2014 as they were waiting to hear on the bonding bill and they were looking at some initial plans for the project, they entered into an agreement with Split Rocks Studios to do what they called schematic design on exhibits. What they did was work with the City’s local planning group and its local design team to come up with some themes for the exhibits and some educational objectives. They talked with them about different target audiences with the exhibits. From that process, there were some key themes that were developed. One of them was a theme to welcome people to Springbrook. The others were: nature is diverse, nature is changing, and nature is in your hands. The schematic design gave them some ideas, some possibilities, graphics that could be used, and a projected budget. Mr. Kirk stated the projected budget for all of the things was out of their price range. They had some ideas in there for some projects, some exhibits, that were going to be a little more expensive than what they knew they could afford. However, the final report was given to their local team in July 2014. By that time, they had found out they were included in the bonding bill. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 2015 PAGE 20 They were still working on getting all of the arrangements taken care of with getting the paperwork ready from the State and then they entered into an agreement last fall with an architect and started the building process. Mr. Kirk stated they realized that the exhibit planning should take place at the same time the building was being designed. Therefore, a second agreement was entered into with Split Rock, a continuation, this time to take the schematic and design some exhibits for them. Split Rock worked on that from January through this past July. Once again, the local design time was very involved with that, and they had at least two different meetings over at the Split Rock Studios where they met with some people and looked at their capabilities. By and large, the committee was very favorable to the design development that Split Rock came back with. There were a few things that were being tweaked but for the most part people really liked what they came up with. Mr. Kirk stated in September they got the bids for the building, and they were pretty favorable, and they have proceeded on getting the building started. They feel the next step is to get started on the exhibits so they can be fabricated and installed when the building is complete early next summer—hopefully in June. Mr. Kirk stated they want to be able to continue their work with Split Rock Studios. They did the schematic, did the design, and now they want to finalize the design and move into the fabrication. It is a continuation of their work with this particular organization. They would be fabricate 11 exhibits for the Nature Center, transport them to the site, and install them in time for the opening next summer. Split Rock has extensive experience all over the country. If you go to their website you will see they have done a lot of work in the 48 states and also Denali National Park and other installations up in Alaska. Mr. Kirk stated Split Rock Studios has proposed $325,000 to do the work that is outlined on the work they have worked closely with them on for the past year and one-half. The overall Phase 1 project is funded by the bonding bill grant of $5 million and a commitment of up to $460,000 by the S NEW BUSINESS: pringbrook Nature Center Foundation. When they wanted to move ahead with this project a year ago in August 2014, he approached the Council and said their budget would be $5,460,000 in combination between the bonding bill and the Springbrook Nature Center Foundation allocation. That has not changed. Mr. Kirk stated in the budget for the project they identified $325,000 for exhibits. They did not want to move ahead with the exhibits until they saw where the other bids came in. They do not have a lot of money for other areas, and if some bids for other projects came in high, they might have to reduce what was allocated. However, with the favorable bids, they are in great shape and they do have that money allocated in the budget. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 23, 2015 PAGE 21 Mr. Kirk stated it is his recommendation the City Council approve the attached Agreement with Split Rock Studios to provide a continuation and culmination of the exhibit design, fabrication, and installation for the Springbrook Nature Center project. If Council were to approve the Agreement, staff and the local design team will work closely with Split Rock Studios to complete the project in time with the building schedule. MOTION by Councilmember Bolkcom to approve the Agreement for Professional Services between the City of Fridley and Split Rock Studios to Provide Continuing Professional Services for Fabrication and Installation of Interpretive Exhibits at Springbrook Nature Center. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. Informal Status Reports Mr. Wysopal stated he has a 2015 street project status update provided by Jim Kosluchar. The work is moving along very well. The paving and utilities are concluded for the season. The work on the storm water chamber that is being built beneath Summit Square Park is expected to be completed over the winter season. The sanitary sewer work is complete. There is only some minor work left on the watermains and the extension on 53rd Avenue which will be completed next year. There are some minor sewer inlet replacements also remaining to be completed next year. The final lift of the asphalt will be done next season as well and the turf restoration done at that time. 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 8:34 P.M . Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor