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CCM 08/12/2019 CITY COUNCIL MEETING CITY OF FRIDLEY AUGUST 12, 2019 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:02 p.m. MEMBERS PRESENT: Mayor Lund Councilmember Barnette Councilmember Tillberry Commissioner Eggert Councilmember Bolkcom OTHERS PRESENT: Wally Wysopal, City Manager Scott Hickok, Community Development Director Jim Kosluchar, Public Works Director Jay Karlovich, City Attorney Brian Weierke, Public Safety Director Michael Van Gorp, Code Enforcement Intern PRESENTATION: Code Enforcement Report by Michael Van Gorp, Code Enforcement Intern APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: 1. City Council Meeting Minutes of July 22, 2019. APPROVED. OLD BUSINESS: 2. Second Reading of an Ordinance under Section 12.06 of the Fridley City Charter and Minnesota Statutes, Section 465.035, Regarding Certain Real Estate and Authorizing the Conveyance of Same (Ward 1) WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1372 ON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 3. Received the Minutes of the Planning Commission Meeting of July 17, 2019. RECEIVED. FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 2019 PAGE 2 4. Claims (ACH PCARD 1907; 185883 - 186167). APPROVED. ADOPTION OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to adopt the proposed consent agenda. Seconded by Councilmember Eggert. 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 AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda as presented. Seconded by Councilmember Tillberry. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS: 5. Consider Text Amendment, TA #19-04, and Ordinance Amending Chapters 6 and 128 of the Fridley City Code, and Section 205.05 of the Fridley Zoning Code Pertaining to the Dissolution of the Appeals Commission and Transfer of Responsibilities to the Planning Commission. MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:19 P.M. Michael Gorp, Code Enforcement Intern, stated currently, the Appeals Commission hears code enforcement appeals, and requests for variances. However, the Appeals Commission has had very little work, and has had trouble keeping members. Specifically, only two out of the normal five positions of this commission are filled. Not one of the monthly Appeals Commission meetings have been held this year. It is because of this lack of work that the Appeals Commission is no longer serving a valuable purpose. The proposed text amendment transfers the responsibilities of the Appeals Commission to the Planning Commission and dissolves the Appeals Commission. The Planning Commission has been selected to take on the responsibilities of the Appeals FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 2019 PAGE 3 Commission due to their similar work; and the trend of neighboring cities already using their Planning Commission to hear code enforcement appeals and variance requests. Mr. Gorp said in order for the dissolution of the Appeals Commission and transfer of responsibilities to the Planning Commission to occur, Chapter 6 and 128 of the City Code, and Section 205.05 of the Zoning Code need to be amended. In all chapters and sections, any mention to the Appeals Commission has been removed. Furthermore, in Chapter 6, the section pertaining to the Appeals Commission has been removed entirely, and all duties and purposes of the Appeals Commission have been added to the Planning Commission. This will result in a minimal workload increase for the Planning Commission. There have been very few code enforcement appeals and three variance requests in the last two years. Mr. Gorp stated that the proposed text amendment also makes sure to account for the changes set forth by Text Amendment, TA #19-02. This previous amendment changed Chapter 128 in order to match the current procedure for code enforcement appeals to be heard by the Appeals Commission, instead of a hearing examiner as previously conducted. Text Amendment, TA #19- 04 will remove all reference of the Appeals Commission from Chapter 128 and replace it with the Planning Commission. Section 205.05 of the Zoning Code establishes the procedures for variances. The proposed text amendment transfers all duties of the Appeals Commission in this section to the Planning Commission. No processes for code enforcement appeals or variance requests are changed in the proposed text amendment. Mr. Gorp said the Planning Commission held a public hearing for this item at their July 17, 2019 meeting. After a brief discussion, the Commission unanimously recommended approval of the ordinance amendment as proposed. No comments from the public were received regarding this item. A public hearing notice was published in the Life Newspaper on July 5, 2019. City staff recommends that Council hold the public hearing for Text Amendment, TA #19-04. If the City Council wishes to proceed, staff will schedule the first reading of the ordinance for the August 26 City Council meeting. Councilmember Bolkcom asked on page 88, 4.2, it says “literal” provisions. She asked if staff could look for word other than “literal.” Scott Hickok, Community Development Director, replied that is the legal term. Councilmember Bolkcom asked how this transition would affect those who are no longer are on the Planning Commission or the Appeals Commission. Mr. Gorp replied that the member would continue on the Board and there would be four at-large members. Councilmember Bolkcom suggested changing the ordinance at the next meeting and announce who will continue on the commission. Jay Karlovich, City Attorney, replied that it would not hurt to formally appoint them. FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 2019 PAGE 4 Mr. Hickok added that someone serving on the Appeals Commission has had discussion with staff and is interested in serving on a different commission if something comes open. Council could formally recognize the Planning Commission and their new roles at a meeting. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Eggert. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:28 P.M. 6. Consider Text Amendment, TA #19-05, an Ordinance Amending Chapter 205 Defining Massage Therapy, Prohibiting a Massage Therapy Business in Residential Districts and Permitting a Massage Therapy Business in Certain Commercial Zoning Districts. MOTION by Councilmember Tillberry to open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:28 P.M. Scott Hickok, Community Development Director, stated in 2018, the City Clerk and Police Department conducted research to amend Chapter 125, which regulates Massage Therapy Businesses. The research was initiated because there were issues with a few businesses claiming they were doing massage therapy, but they were really a front for criminal activity. After thorough study and review staff recommended repealing the ordinance and replacing it with a new, more detailed ordinance. The City Council approved that ordinance at their June 25, 2018 Council meeting. Mr. Hickok noted an important change in the new ordinance requires massage therapy businesses to register with the City. In January of 2019, the City Council held a public hearing to deny a massage therapy business and therapist license, due to fraudulent information on the submitted application, which was discovered during the background investigation by the City’s Police Department. The City Council approved the applicant’s request to withdraw her application. To protect the health, safety and general welfare of the citizens, the Council approved an interim ordinance prohibiting acceptance or consideration of a license or zoning application related to Massage Therapy Businesses to allow staff time to study, adopt, and amend existing ordinances. This ordinance was approved on March 11, 2019. Mr. Hickok said the City Clerk, Police Department, and City Attorney are further reviewing Chapter 125 to determine what other provisions should be put into place to protect the City. City Planning staff is recommending modifying the existing zoning regulations related to massage therapy businesses, so it is clear as to where these businesses can be located. Mr. Hickok said the current zoning code is specific to “massage parlors”, which is an old, antiquated term that needs to be updated. It also states that a “massage parlor” is not allowed in the C-2, General Business zoning district, and is only allowed in the C-3, General Shopping zoning FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 2019 PAGE 5 district, with a special use permit. Staff suggests modifying the code language to allow a “massage therapy business” as a permitted use in both the C-2, General Business and C-3, General Shopping zoning districts. This use will not be allowed in the C-1, Local Business and CR-1, General Office zoning district, as those areas are zoned specific to neighborhood-type commercial businesses. The Police Department has also recommended that staff add code language to prohibit a “massage therapy business” as a home occupation in the residential districts. In the not too recent past, there was criminal activity related to this use in a single-family neighborhood. Staff understands that criminal activity will not be associated with each person participating in this occupation, but by prohibiting it within our single-family neighborhoods. Mr. Hickok noted the Planning Commission held a public hearing for this item at their July 17, 2019 meeting. After a brief discussion the Commission unanimously recommended approval of the ordinance amendment as proposed. No comments from the public were received regarding this item. A public hearing notice was published in the Life newspaper on July 5, 2019. City staff recommends Council hold the public hearing for Text Amendment, TA #19-05. If the City Council wishes to proceed with the text amendment, staff will schedule the first reading of the attached ordinance for August 26, 2019. Councilmember Bolkcom asked if this would affect anyone who currently has a business in their home. Mr. Hickok replied staff is not aware of any home facilities that currently exist. Councilmember Bolkcom asked why this was being done. Mr. Hickok replied to update the language in the City Code and to make is universal with the State language for massage therapy. It clearly identifies where locations are appropriate for massage therapy and takes out gray areas, including residential areas. Councilmember Bolkcom asked about home-bound people who cannot go to a business to get a massage would be allowed to have a business come to his/her home. Mr. Hickok replied in that situation, the business would not be operating in the home but taking care of someone who cannot get out. Mayor Lund asked on page 99, Section 7, General Shopping Center Districts regulation, in the past, they were allowed, but massage parlor has been taken out and is not a permitted use. He asked if Holly Center was included. Mr. Hickok replied yes it was. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Tillberry. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:35 P.M. FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 2019 PAGE 6 7. Consider Revocation of the Auto Body Repair License for Flying Eagle Auto Service th Located at 15 – 77 avenue N.E. (Ward 3) (Continued July 22, 2019). Scott Hickok, Community Development Director, stated that staff is requesting Council to move Item nos. 7, 8, and 9 forward to the next meeting. MOTION by Councilmember Bolkcom to continue the public hearing to August 26, 2019. Seconded by Councilmember Tillberry. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CONTINUED TO AUGUST 26, 2019. 8. Consider Revocation of the Auto Body Repair License for Sky Auto Body, LLC, Located th at 17 – 77 Avenue N.E. (Ward 3) (Continued July 22, 2019). MOTION by Councilmember Bolkcom to continue the public hearing to August 26, 2019. Seconded by Councilmember Tillberry. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CONTINUED TO AUGUST 26, 2019. 9. Consider Revocation of the Auto Body Repair License for Auto Body Shop, Located at th 13 – 77 Avenue N.E. (Ward 3) (Continued July 22, 2019). MOTION by Councilmember Bolkcom to continue the public hearing to August 26, 2019. Seconded by Councilmember Tillberry. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CONTINUED TO AUGUST 26, 2019. NEW BUSINESS: 10. Resolution Ordering Preparation of Preliminary Report, Plans, and Specifications for 2020 Street Rehabilitation Project No. ST2020-01. Jim Kosluchar, Public Works Director, stated this resolution directs staff to prepare a feasibility report and initiate preliminary design and plan preparation for the proposed 2020 Street Rehabilitation Project No. ST2020–01. The feasibility report will address the scope of the work for the Springbrook neighborhood which is bounded by Ashton Avenue to the east, East River Road to the west, Ironton Street to the north and 79th Way to the south. The total length of the proposed project is 1.9 miles. All streets and underground utilities in the area were originally constructed in the mid-1960s and 1970s. The area was last seal coated in 2008. The segments were selected based upon projected pavement maintenance needs, as well as the Pavement Condition Rating which indicates pavement structural integrity and ride quality on a scale of 9.5 (worst) to 22 (best). FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 2019 PAGE 7 Mr. Kosluchar said regular rehabilitation of the pavement under a planned program with proper timing allows us to minimize costs of maintenance throughout a roadway segment’s life cycle. Preparation of the feasibility report will allow staff to determine what construction is needed and can take place within the CIP budget. The feasibility report will provide a recommendation to the City Council on construction that is recommended to take place in 2020. Mr. Kosluchar stated in September, an open house is planned for property owners adjacent to and within the areas affected by the proposed project. Staff will deliver a presentation highlighting project overview, construction impacts, anticipated schedule, draft budget, and estimated special assessments. The open house will provide the opportunity for residents in the area to ask questions, and express concerns about the project that can be taken into consideration as the project evolves to final design. Resident concerns raised at the meeting will be addressed in the feasibility report. Mr. Kosluchar said this resolution orders the preparation of a feasibility report and preliminary plans for the project. The scope of the proposed report will address pavement, street improvements, water main, sanitary sewer, and storm sewer replacement. There are typical private utilities within the project area. Staff is working with these entities on coordinated work that may be planned by others and completed during the construction of the 2020 project. Staff requests the City Council move to adopt the attached resolution to initiate the 2020 Street Rehabilitation Project No. ST2020-01. If approved by the City Council, staff will initiate preliminary plans, and prepare a feasibility report to be presented to the City Council. MOTION by Councilmember Bolkcom to adopt Resolution 2019-35. Seconded by Councilmember Eggert. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. Resolution Directing the Public Safety Department to Enter into an Agreement and authorizing Execution of Minnesota Department of Safety, Office of Traffic Safety, Federal Grant Program Agreement for DWI Officer. Brian Weierke, Public Safety Director, stated the National Safety Council estimates the cost of alcohol-related crashes in Minnesota was nearly $290 million in 2017. In that same year, twenty- one percent of serious injuries sustained in crashes and thirty-one percent of traffic crash fatalities were alcohol-related. Anoka County had the third highest rate of such incidents, falling under Hennepin and Ramsey County. Fridley has seen a seventeen percent increase in DWI incidents between 2017 and 2018. Chief Weierke noted the National Highway Traffic Safety Administration has a mandate to promote safety of those who use publication roadways and had approved funding for such a program. The Minnesota Office of Traffic Safety provides for a grant supporting full-time officers dedicated to DWI enforcement. The City of Fridley applied for and was awarded the federal grant funding beginning on October 1, 2019 and ending September 30, 2020. Staff recommends the City Council adopt the resolution and enter into an agreement. FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 2019 PAGE 8 MOTION by Councilmember Eggert to adopt resolution No. 2019-36. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Resolution Requesting Membership in the North Metro Mayors Association. Wally Wysopal, City Manager, stated that the North Metro Mayors Association (NMMA) is an association of northern metropolitan cities that meet to develop opportunities encouraging private and public investments in the north suburban area. Over the years, the focus of the NMMA has grown from transportation and economic development issues to include housing and various other legislative initiatives. The Mayor has spoken with representatives of the NMMA and requested the City consider membership in this organization. Staff recommends Council adopt the resolution. A joint powers agreement with the NMMA will need to be approved at an upcoming Council meeting. Councilmember Tillberry thought this would be a great attribute for the city. MOTION by Councilmember Barnette to adopt Resolution No. 2019-37. Seconded by Councilmember Eggert. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OLD BUSINESS: 13. Receive an Updated Traffic Study from Spack Consulting for the Columbia Arena Area Redevelopment Relating to the ST2019-01 Street Rehabilitation Project (Ward 1) (Continued July 22, 2019) Wally Wysopal, City Manager, stated on July 22, the City Council requested suspension of design activities on the ST2019-01 street project for two weeks. Public Works staff have not been actively working on design in this interim period. No action is requested by staff at this time. Staff is prepared again to work toward final plans for the ST2019-01 Street Rehabilitation Project as previously authorized by the City Council, to include the closure of the 69th Avenue access at University Avenue East Service Drive, with any direction that the Council may provide through an adequate majority to affect such direction. Mayor Lund said he tried to take an informal poll with the neighborhood with the question of th leave it as is, restricted access right in or right out only or to close 69 Avenue. Only two responded that said to leave as is and one person who wanted restricted access, right in or right out th only. Four people said they would go with option one or two. The third option was to close 69 Avenue at the service road and five people said to close it, one person said to leave it as is or close it. He tried to push for right in/right out, but that did not get a lot of votes. We tried to come up FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 2019 PAGE 9 with other compromises and many people did not make comments because they feel like it was already a done deal. Councilmember Barnette said he thought we should leave it like it is. It works, and the holding pond is adequate. Traffic does not get backed up very often. It if is closed, the church and school traffic would have to through the neighborhood to get out of the area, and that does not make sense. Councilmember Bolkcom asked who submitted the informal poll. Mayor Lund replied that he talked with the block captain to start the poll because he had the addresses and names. He thought there would be more comments, but only 13 participated in the poll including himself and the block captain. Councilmember Bolkcom said the memo and part of the traffic study said that it works fine now, but with the traffic study, there are 680 additional daily trips expected. The minister said it is workable. There is a lot of rain here, staff hired a consultant and they suggested a new storage pond. The watershed district says we have to keep the water that is created on our property. Don Holum, Fridley resident, said he appreciated Mr. Hickok and Councilmember Tillberry for providing an opportunity to speak to the public. He thinks the best option is for right in, right out. Homeowners will be frustrated if this is closed because all the traffic from the townhouses, church, and school, etc., would go through the neighborhood. Mayor Lund said he thought the vast majority of townhomes will use the roundabout and go out strd through 71 Avenue after we extend the boulevard to 73 Avenue. Two meetings were held to find a consensus and not many showed up. This was over and above what is typically done and people were asked to comment. The minister wants to keep it as is because of its easy access. $6,000 was spent on a traffic study and the recommendation is to close it. Mr. Holum said he thought that changes and modifications could be made to the recommendation. Jerry Maeckelberg, Fridley Resident, said to leave as it is. He has lived in the neighborhood 55 years and there has been no single accident in this area. If there was an accident, it was a low impact accident. He has a concern about ambulance and fire truck access adding time to get to homes in that area if it were closed. He said seconds save lives and they were asking for problems if this street was closed. He has given up a lot of green space for the benefit of the City. Councilmember Bolkcom stated this suggestion is being made because of the traffic study that says the current situation is not safe. A lot more traffic is expected to go through here. New green space will be added including a new park. This is an opportunity to put in wonderful housing to compliment this beautiful area. We have never had a down town for people to gather. Brian Weierke, Public Safety Director, noted that emergency vehicles will find a way to get to the residents. They will work with what the engineers ask them to do. He understands both sides of this issue. FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 2019 PAGE 10 Jim Kosluchar, Public Works Director, said the former Fire Chief personally said they tested the roundabout and it will work. The roundabout is a comparable size to the one in Columbia Heights, and it was tested prior to the build. Councilmember Eggert noted the roundabout is the route currently fire trucks use to go south. Councilmember Bolkcom added that whether the road is closed or not the roundabout will still be used. Mr. Holum asked when taxes would be accessed. Mayor Lund replied that funds will be taken from the general fund. Mr. Holum said usually there is a bid and money is set aside for additional expenses. Mayor Lund replied yes, there will be a bid and funds allowed for contingencies for more funding if needed. Councilmember Tillberry said the plan was set in and this is something additional to the original plan. This would come out of the general fund, not a cost overrun. Mr. Wysopal said the $200,000 is an assessment placed on this project th Councilmember Bolkcom said this is confusing. $200,000 is needed if we choose to keep 69 the way it is because then other work needs to be done to have enough storm water storage. This was not because staff did not plan accordingly. Mr. Holum asked if there would be grants to help pay for this. Many people say no more tax dollars going toward this project, property taxes went up 9% this year. Some of the increase was for the county, city and school but the major part was for this project. Mayor Lund stated that taxes went up because of the building you are in, not Pulte Homes. Staff tried to delay this and have meetings to gain traction for residents who are unhappy with it. The development should have been changed and that did not happen two years ago. With added costs and taking away from something else, the traffic study has credible merit. This is the way to go. MOTION by Mayor Lund to receive the updated traffic study from Spack Consulting for Columbia Arena Area Redevelopment Relating to the ST2019-01 Street Rehabilitation Project th (Ward 1) and recommend to close 69 Avenue. Seconded by Councilmember Tillberry. UPON A VOICE VOTE, COUNCILMEMBER TILLBERRY, COUNCILMEMBER EGGERT, COUNCILMEMBER BOLKCOM AND MAYOR LUND VOTING AYE, COUNCILMEMBER BARNETTE VOTING NAY, THE MOTION CARRIED ON A 4 TO 1 VOTE. FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 2019 PAGE 11 14. Informal Status Report. Councilmember Bolkcom said there was a great outpouring during National Night Out. She thanked everyone who made this happen. She said Courtney Miller did a great job with over 200 parties. Councilmember Eggert thanked residents who showed up for the four workshops for the Parks Master Plan. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Eggert. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:20 P.M. Respectfully submitted, Krista Peterson Scott J. Lund Recording Secretary Mayor