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03/20/1995 - 00001170� � � TAE MINUTES OF THE REGULAR MEETING OF TAE FRIDLEY CITY COIINCIL OF MARCH 20, 1995 The Regular Meeting of the Fridley City Council was called to order at 8:38 p.m. by Mayor Pro Tem Schneider after a joint meeting with the School Districts. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Schneider led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: MEMBERS ABSENT: Mayor Pro Jorgenson, Bolkcom Mayor Nee Tem Schneider, Councilwoman Councilman Billings, Councilwoman Mayor Pro Tem Schneider stated that Mayor Nee is still recup- erating after breaking several bones in his leg but expects to be back shortly. APPROVAL OF MINUTES: COUNCIL MEETING. MARCH 6. 1995: MOTION by Councilman Billings to approve the minutes as presented. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: Mr. Burns, City Manager, briefly reviewed each item on the consent agenda. OLD BUSINESS: 1. ORDINANCE N0. 1046 UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REOUEST, SAV #94-04, BY CEANN HALUPTZOKI (WARD 21: Mr. Burns stated that this ordinance is to vacate a portion of a drainage and utility easement. He stated that as a result of title work by the owner, it was found that the garage was built six inches over this easement. He stated it is recommended that Council approve this vacation, as the owner has agreed to sign a hold harmless agreement for any injuries or damages that may occur fo the property as a result of this vacation. L J � � FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 1995 PAGE 2 WAIVED THE READING AND ADOPTED ORDINANCE NO. 1046 ON TAE SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS• 2. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 103, ENTITLED "DANGEROUS WEAPONS," BY ADDING SECTION 103.D6, "FEES," AND RENUMBERING THE REMAINING SECTIONS CONSECUTIVELY, AND AMENDING CHAPTER 11. "GENERAL PROVISIONS AND FEES," 103, FOR FIREARMS: Mr. Burns said that the state statute authorizes municipa- lities to charge a$10.00 fee for a permit to carry a weapon. He stated that this proposed ordinance would adopt this fee, along with an existing $25.00 fee, for a permit to discharge a weapon. He stated that a permit to discharge applies to the testing or use of weapons for target practiceo WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. 3. FIRST READING OF AN ORDINANCE REPEALING CHAPTER 801 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY, ENTITLED "CURFEW," AND ADOPTING A NEW CHAPTER 801 ENTITLED "CURFEW:" Mr. Burns stated that this ordinance repeals the previous curfew laws and establishes new ones. iie stated that the ordinance also includes the legal definitions of terms and establishes new categories for youth under the age of sixteen and those sixteen and seventeen. He stated that �he curfew for those under sixteen on Sunday through Thursday is 10:00 p.m. to 5:0o a.m. and on Friday and Saturday it is 11:00 p.m. to 5:00 a.m. He stated that the curfew for those sixteen and seventeen on Sunday through Thursday is 11:00 p.m. to 5:00 a.m. and on Friday and Saturday it is 12:00 midnight to 5:00 a.m. Mr. Burns stated that this ordinance is similar to one adopted in Hennepin County, and it is likely to be adopted by Anoka County. He stated that the goal is to have this new curfew in effect for the start of Project Safety Net. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. ESTABLISH A PUBLIC HEARING DATE FOR APRIL 24. 1995. FOR STREET IMPROVEMENT PROJECT NO. ST. 1995-2: Mr. Burns stated that Council should set a public hearing date for improvements on 68th Avenue and Arthur Street. PUBLIC HEARING SET F�R APRIL 24, 1995. � � � FRIDLEY CITY COIINCIL MESTING OF MARCH 20, 1995 PAG$ 3 5. 0 7. RECEIVE BIDS AND AWARD CONTRACT FOR VOICE PROCESSING SYSTEM: Mr. Burns stated that this voice processing system would allow for leaving messages at all the City's telephone stations. He stated that it compliments the 24 hour city hall system and can be built into the City's current telephone system without major changes. He stated that the cost is included in the budget as part of the 1994 Capital Improvement Plan. He stated that maintenance costs for the voice mail range from $1,500 to $2,000 per year and $1,200 per year for the 24 hour city hall system. Mr. Burns stated it is recommended �hat Collins Communications be awarded the contrac�. RECEIVED BIDS AND AWARDED CONTRACT TO COLLINS COMMUNICATIONS FOR THE VOICE PROCESSING SYSTEM IN THE AMOUNT OF $33,587.39. RECEIVE BIDS AND AWARD CONTRACT FOR SANITARY AND STORM SEWER REPAIR PROJECT NO. 277: Mr. Burns stated that this project involves sanitary and storm sewer repairs. He stated that the sanitary sewer projects include 605 feet of corrugated metal pipe at Lucia Lane and 661 feet of pipe along 7th Street near Commons Park. He stated that the storm sewer project includes 315 feet of pipe on 75th Avenue. He stated that the total cost of these projects is $152,505; $72,505 for the sanitary sewer projects and $80,000 for the storm sewer project. He stated that funds are budgeted for these projects in the sanitary sewer and storm sewer funds in the Five Year Capital Improvement Plan. Mr. Burns stated it is recommended that Insituform Central, Inc. be awarded the bid in the amount of $152,505. RECEIVED BID AND AWARDED CONTRACT TO INSITUFORM CENTRAL, INC. IN THE AMOiTNT OF $152,505 FOR SANITARY AND STORM SEWER REPAIR PROJECT NO. 277. RECEIVE BIDS AND AWARD CONTRACT FOR THE PURCHASE OF A HIGH VELOCITY SEWER CLEANER (JETTING MACHINEI: Mr. Burns stated that two bids were received for this sewer jetting machine. YIe stated that the low bidder was ABM Equipment Company in the amount of $43,900, and staff recommends the contract be awarded to them, RECEIVED BIDS AND AWARDED CONTRACT TO ABM EQUIPMENT COMPANY IN THE AMOUNT OF $43,900 FOR THE PURCHASE OF A HIGH VELOCITY JETTING MACHINE. � FRIDLEY CITY COIINCIL MEETING OF MARCH 20. 1995 PAGE 4 8. RESOLUTION NO. 21-1995 DETERMINING THAT A PUBLIC HEARING (ON APRIL 24. 19951 IS NECESSARY TO CONSIDER THE PROPOSED TRANSFER OF CONTROL OF MINNESOTA CABLE PROPERTIES, INC.: E � l0. 11. 12. Mr. Burns stated that this public hearing is to consider the proposed transfer of control of the Tocal cable system from KBLCOM, Inc. to Time Warner. ADOPTED RESOLUTION NO. 21-1995. RESOLUTION NO. 22-1995 REOUESTING THE LEGISLATURE AND GOVERNOR OF THE STATE OF MINNESOTA TO PASS AND SIGN INTO LAW SPECIAL LEGISLATION FOR THE FRIDLEY HOUSING REPLACEMENT PROGRAM: Mr. Burns stated that Fridley is working with the City of Crystal to establish state authorization for a pilot housing program. He stated that this would allow the i-Iousing and Redevelopment Authority to capture increment created by new construction on various scattered residential sites for a period of twenty years. He stated that these funds would be used only for housing programs and become part of a revolving fund used principally for housing rehabilitation loans. He stated that the HRA adopted a similar resolution. ADOPTED RESOLUTION NO. 22-1995. CLAIMS: APPROVED - NOS. 60702 THROUGH 60958. LICENSES: APPROVED AS ON FILE IN THE LICENSE CLERK'S OFFICE. ESTIMATES: APPROVED. There were no comments from the audience regarding �he proposed consent agenda items. MOTION by Councilman Billings to approve the consent agenda items. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. ADOPTION OF AGENDA: � MOTION by Councilman Billings to adopt the agenda as submitted. Seconded by Councilwoman Bolkcom. Upon a voice vo�e, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. FRIDLEY CITY CODNCIL MEETING OF MARCH 20 1995 PAGE 5 OPEN FORUM, VISITORS: � There was no response from the audience under this item of business. PUBLIC HEARING: 13. PUBLIC HEARING ON THE ESTABLISHMENT OF A SPECIAL TAXING DISTRICT FOR THE HARRIS POND TREATMENT PROGRAM (WARD 2�: MOTION by Councilwoman Jorgenson to waive �he reading of the public hearing notice and open the public hearing. Seconded by Council- woman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing opened at 8:50 p.m. Mr. Flora, Public Works Director, stated that the City has received petitions from residents abutting Harris Pond to treat the pond for weeds and algae and for phosphorus reduction. He stated that a phosphorus treatment is suggested every four years with treatment for weeds and algae being done yearly. Mr. Flora stated that only one person from New Brighton did not sign the petition, and he understands that this person is on vacation. Mr. Flora stated he would recommend that Council consider autho- rizing the treatment of Harris Pond for this year at a cost of � $5,631. He stated that the cost would be shared fifty-fifty by the City and abutting property owners. He stated that if Council wishes to authorize the treatment on a continuinq basis, a public hearing would need to be conducted in order to establish a special taxing district. Mr. Jim Furgason, 6381 Squire Drive, thanlced Mr. Flora for arranging this public hearing. He requested that Council take action this evening to authorize the treatment of Harris Pond because of the thaw also because the contractor wished to get started with the treatment. MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. NEW BUSINESS• 14. AUTHORIZE THE SPECIAL ASSESSMENT FOR THE TREATMENT OF HARRIS POND: AND AUTHORIZE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND LAKE RESTORATIOIS, INC., FOR THE TREATMENT OF HARRIS POND fWARD 21: AND � ESTABLISH A PUBLIC HEARING FOR APRIL 10, 1995 FOR CREATION OF A SPECIAL TAXING DISTRICT FOR THE HARRIS POND TREATMENT PROGRAM: Mayor Pro Tem Schneider stated that, as he understands, the treat- ment would be for this year, and another public hearing would be � � � FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 1995 PAGE_6 necessary to create a special taxing district xn order to continue this treatment program beyond this year. MOTION by Councilman Billings to authorize execution of the 1995 agreement between the City and Lake Restoration, Inc. for the treatment of Harris Pond, with a cost sharing of fifty percent by the City and fifty percent by the abutting property owners. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. MoTION by Councilman Billings to set a public hearing for April 10, 1995 to create a special taxing district for Harris Pond. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 15e APPROVE THE HUMAN RESOURCES COMMISSION°S 1993 CDBG FUND REALLOCATION AND THE 1995 CDBG ALLOCATION RECOMMENDATIONS: Mr. Hickok, Planning Coordinator, stated that the Human Resources Commission recommended that $4,120 available from the 1993 CDBG funds be reallocated as follows: St. Philip's Lutheran Church Middle School Program, $1,100; Anoka County Community Action Senior Outreach Program (ACCAP), $2,000; and the Community Emergency Assistance Program, Inc. (CEAP), $1,020e Mr. Hickok stated that in regard to the 1995 CDBG funds, there were a number of options. He stated that the original proposal for the $30,000 for public service grants was for $2,500 each to be given to the Senior Outreach and Senior Home Companion programs, leaving a balance of $25,000. He stated that a revised proposal was to allocate $5,000 for Senior outreach and $3,000 for Senior Home Companion programs, leaving $22,000 for other public service grants. Mr. Hickok stated that a compromise proposal that may be considered would be to allocate $3,000 for Senior Outreach and $3,000 for Senior Home companion programs, leaving a$24,000 balance. Mayor Pro Tem Schneider asked if the compromise proposal has been recommended by the IIuman Resources Commission. Mr. Hickok stated that this compromise proposal has not been presented to the Human Resources Commission. Mr. Oquist, Chairman of the Human Resources Commission, stated that the compromise proposal has not been presented to the Commission, and he understands that it is a recommendation from staff. He stated that he is not sure the Commission would be in favor of the compromise, as they wished to keep the 1993 and 1995 CDBG funds separate. Mr. Hickok stated that the reason the 1995 allocations are before the Council was in case they wished to consider the 1993 and 1995 � � � FRIDLEY CITY COIINCIL M&ETING OF MARCH 20. 1995 PAGE 7 CDBG funds together. He stated that �he 1993 funds may substitute for what would be given in 1995. Mr. Oquist stated tha� the 1993 CDBG funds need to be spent by June, therefore, they cannot be considered with the 1995 CDBG funds. He stated that the Commission has no problem with funding the senior programs, but he would like direction from Council if this is their wish. Ms. Dacy, Community Development Director, stated that it is her understanding that the reallocated funds can be used until the end of June, and as of July 1, funding is available from the 1995 CDBG funds. She stated that the Senior Outreach Program needs $5,000 a year, and staff's position was to recommend options to fund this program using $2,000 from 1993 funds and $3,000 from 1995 funds. MOTION by Councilman Billings to concur with the recommendation of the Human Resources Commission for the reallocation of the 1993 CDBG funds as follows: St. Philip's Lutheran Church Middle SchooT Program, $1,100; Anoka County Community Action Senior Outreach Program (ACCAP), $2,000; and the Community Emergency Assistance Program, Inc. (CEAP), $1,020. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. MOTION by Councilman Billings to allocate $30,000 for public service grants from the 1995 CDBG funding as follows: Senior Outreach Program, $3,000; Senior Home Companion Program, $3,000; and the Human Resources Commission submit a recommendation on how the balance of $24,000 should be allocated. Seconded by Council- woman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 16. APPROVE AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES BETWEEI3 THE CITY OF FRIDLEY AND SUPER CYCLE INCORPORATED: Mr. Hickok, Planning Coordinator, stated that the City has received proposals for recycling services. He stated that the Request for Proposal (RFP) was published in Focus News, and there was interest from seven potential contractors. He stated that four RFP's were received, and the lowest was from Super Cycle in the amount of $156,488.28. He stated that the cost for the City's recycling services will be paid through the Solid Waste Abatement Program fee and SCORE funds. Mr. Hickok stated that this proposal was submitted to the Environ- mental Quality and Energy Commission, and they concur with staff's recommendation to add telephone books to the list of recyclable items. iie stated that the agreement is for two years with fines imposed for failure to perform as specified. Iie stated that the agreement also includes two annual community-wide curbside collec- tions of canned foods, the addition of cereal boxes and textiles, � FRIDLEY CITY COUNCIL MEETING OF MARCH 20. Y995 PAGE 8 the opportunity to add plastics if the local market value improves, and the City would take ownership of multi-unit recycling containers. Councilwoman Jorgenson questioned the cost to the City to take ownership of the recycling containers. Ms. Aacy, Community Development Director, stated that the cost for these containers has been amortized over the last three years and was figured into the cost of the con�ract. She stated that there would be a reduction in the contract pertaining to this item as of April 1, 1996, Councilman Billings stated that the City has paid for the con- tainers over the term of the contract and could not see why the City should not take ownership. Councilwoman Jorgenson stated that she has a concern about replace- ment costs, and she asked how many the City has replaced over the last three years. Mr. Glander, representing Super Cycle, stated that the cost for the 90 gallon container is about $60, and they last six to seven years. Iie stated that the City probably has about two hundred containers � and would be saving, as their contracf will be reduced when the City takes ownership on April 1, 1996. ile felt that it was advantageous for the City to take ownership, as maintenance costs are very low. Mr. Glander stated that he is not aware that any of the containers have been replaced in Fridley. MOTION by Councilwoman Bolkcom to authorize the Mayor and City Manager to enter into an agreement with Super Cycle, Inc. for recycling services. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. Councilwoman Bolkcom felt that residents should be able to bring their plastics to the recycling center at no charge, and this should probably be reviewed in the near future. 17. RECEIVE BIDS AND AWARD CONTRACT FOR RICE CREEK PLAYGROUND EQUIPMENT, PROJECT NO. 278: Mr. Kirk, Director of Recreation and Natural Resources, stated �hat six companies submitted bids for the Rice Creek playground equipment. He stated that there were a total of eight bid packages, as two of the companies submitted two different options. He stated that there was an alternate bid which included the ' installation of the equipment. He stated that each potential bidder was told that $30,000 was available to purchase equipment and asked to design an equipment package that included a structure for youngsters ages two to five and a separate structure for ages five to twelve. � �i � FRIDLEY CITY COIINCIL MEETING OF MARCH 20, 1995 PAGE 9 Mr. Kirk stated that the progosals were seviewed by staff, the Parks and Recreation Commission, and representatives of the Rice Creek Townhomes. He stated that residents og the area were invited to review the bid information at a meeting held on March 9. He stated that fourteen people attended, and their choice of equipment was the same as the proposal favored by staff and supplied by Minnesota/Wisconsin Playgrounds, Inc. MOTION by Councilwoman Jorgenson to receive the following bids for the Rice Creek playground equipment, Project No. 278: Bidder Base Alto Total Bid Bi� Bid St. Croix Recreation Co., Inc. 915 Northland Avenue Stillwater, MN 55082 $30,000 Flanagan Sales, Inc. 4272 Highland Drive Shoreview, MN 55123 Value Recreation 555 W. 78th Street Chanhassen, MN 55317 Bob Klein & Associates* 1303 Lincoln Lane Hastings, MN 55033 MN/WI Playground, Inc. P.O. Box 27328 Golden Valley, MN 55427 Earl F. Andersen, Inc.* 9808 James Circle Bloomington, MN 55431 * Submitted two bids Seconded by aye, Mayor unanimously. $7,690 $30,000 $6,980 $30,000 $6,923 $30,000 $6,200 $30,000 $6,200 $30,000 $30,000 $30,000 $7,895 $5,755 $5,879 $37,690 $36,980 $36,923 $36,200 $36,200 $37,895 $35,755 $35,879 Councilwoman Bolkcom. Upon a voice vote, all voting Pro Tem Schneider declared the motion carried Mr. Kirk stated that as it stands now, the installation would be done by the City. He stated that one person has expressed an interest in assisting with the installation of the equipment. He stated that it is expected the equipment would be installed about the first part of June. MOTION by Councilwoman Jorgenson to award the contract for the Rice Creek playground equipment, Project No. 278, to Minnesota/Wisconsin L� � � FRIDLEY CITY COUNCIL MEETING OF ASARCH 20, 1995 PAG& 1� Playground, Inc. in the amount of $3D,000. Seconded by Council- woman Bolkcom. Councilman Billings asked if this item was in the Five Year Capital Improvement Plan. Mr. Kirk stated that it is in the Five Year Capital Improvement Plan, and the total allocated for this park was $35,000 for the playground equipment and work on the cour� surface. He stated that the court surface would be about $5,000 to $5,000, and he has been told verbally from the owner of the Rice Creek Townhomes that he would contribute $5,000. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Pro Tem Schneider declared the motion carried unanimously. Mayor Pro Tem Schneider stated that he would like the residents to participate in the installation of the equipment. Councilwoman Bolkcom suggested that all neighboring residents participate, not only those from the townhomes. She thought that perhaps the block captains could promote this idea to make iti a community effort and possibly, even having a social gathering. 18. FIRST READING OF AMENDMENT TO RENTAL YNSPECTION ORDINANCE: Mr. Burns, City Manager, stated that this is a proposed ordinance amendment to deal with current difficulties the City is having in the rental inspection program. He stated that there is an absence of cooperation from apartment owners in providing representatives or apartment staff on rental inspections. He stated that the alternative is to make appointments with each renter which slows down the program and forces inspections an the evening and on weekends. Mr. Burns stated that the proposed amendments would require owners or their agents to accompany the City's rental inspectors; require owners or their agents to provide access to the units; require owners or their agents to notify tenants o£ pending inspections; and require the City to give a minimum o1f one week ° s notice to owners. He stated that the expected benefits from this change is to reduce the City's liability, provide accessibility to units, and better direct communication with the owner or his representative. Councilman Billings asked if the proposed amendment was new language or replacement language. Mr. Larson, Deputy Fire Chief, stated that the language in the present ordinance does not address the owner or his representative accompanying the inspector. He stated that there is one owner that is not cooperating with the City on these rental inspections. � FRIDLEY CITY COUNCIL MEETING OF MARCH 20. 1995 PAGE 11 Councilman Billings felt that the ordinance should not be changed to accommodate one owner when the City is receiving cooperation from all the others. Councilman Billings felt that the worcl 'oagent1° had to be more clearly defined. He asked if an owner lives out of state and did not have an employee or representative, if he would have to come to Fridley for the inspection of his building. Mr. Burns stated that the City plans to be reasonable and accommo- date those situations. He stated that the inspections are done once every four years. He felt that if an owner is out of town, he would have a representative that �Che City could contact. Mr. Gregg Herrick, Assistant City Attorney, stated that the owner could designate someone to be his agent, as far as negotiating the times for the inspections. Mayor Pro Tem Schneider felt that Councilman Billings had a valid point. He stated that the literal interpretation is that a seven day advance notice is provided and, technically, the City could notify a person who is out of town to be present in seven days for the inspection. � Councilman Billings stated that since the City has had only a problem with one owner, he would like to take a wait and see approach. If they have a tremendous problem in obtaining access to units, then it becomes a situation that requires action. Ms. Dacy, Community Development Director� stated that two new sentences were added to this proposed amendment. Councilman Billings stated that it seems the current language covers the situation of an uncooperative owner. He stated that he did not feel that adding the additional language would change the enforcement as a court order could be obtained. Mr. Herrick felt that the added language would be beneficial for the City in the event this would go to court. Mayor Pro Tem Schneider questioned if the City is accomplishing what was intended when the rental ordinance was adopted. He questioned if there was reasonable enforcement on some of the more minor items. Mr, Larson stated that they cannot ignore items that are illegal and against the codes. YIe stated that if illegal extension cords are being used, it is not the owner's responsibility, but it is the � tenant's. Councilman Billings stated that his problem is not necessarily the level of inspection, but he is uncertain that the added language � � � FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 1995 PAG$ 12 would give better results than the current language. He felt that if this becomes a serious problem, the City would need to adopt more stringent language. Councilwoman Bolkcom asked why the City is not obtaining a court order. Mr. Larson stated that the City needs to obtain a search warrant from the court, and then have a police officer serve it. Councilman Billings stated that if that is the case, there should be language that if the owner does not cooperate, the City would obtain a search warrant, and all costs associated with this action will be assessed to the property owner. Mayor Pro Tem Schneider asked if the City had met with the owner. Mr. Burns stated that he had conversations with three ownerso He stated that Mr. Belgarde, Sr. and Mr. Belgarde, Jr. agreed to review some of the less serious items, but they stood firm in not providing someone to accompany the City inspector on these inspections. He stated that he has not been in contact with Mr. Yaffe. He stated that he agrees with Councilman Billings° statements, but the problem is here. He stated that there are about 360 units at Springbrook. About half the units have been inspected, and there are a lot of problems. Councilwoman Jorgenson felt that "representative" had to be defined. She believed that the Citx needs a more stringent ordinance, and any costs associated with the enforcement should be assessed to the owner. She sugges�ed that perhaps the occupancy permits could be removed. Councilwoman Jorgenson asked if a search warrant would be required for each of the units. Mr. Herrick stated that a substantial effort would have to l�e made to locate the occupant of the units. Mayor Pro Tem Schneider asked if the ordinance remains the same, if it would be extremely difficult to obtain a search warrant. Mr. Herrick stated that it definitely would be costly. Yie felt that perhaps any new language could be structured that the court require the landlord be present to assist with the inspections. Councilwoman Bolkcom asked if it would make a difference in the enforcement if the two proposed sentences were added to the ordinance. Mr. Herrick stated that it would provide a backup, and the City could obtain a search warrant and a court order requiring the owner � FRIDLEY CITY COiJNCIL ME$TING OF MARCH 20, 1995 PAGE 13 to comply and assist in the inspections. He stated that the City could possibly get an order that would cover more than one unit. Councilman Billings stated that he does not feel comfortable with a first reading of this ordinance and would like staff to make some changes. MOTION by Councilman Billings to table this item and refer it back to staff for review and submission at a later date. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 19. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there are two items to be discussed informally after this meeting. He stated that one item pertains to the four-plex on 57th Place, and the other item concerns improvement costs for Stonybrook Creek. ADJ�URNMENT: MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the � Regular Meeting of the Fridley City Council of March 20, 1995 adjourned at 10:22 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council � Dennis L. Schneider Mayor Pro Tem