05/15/1995 - 00001234�
THE MINUTES OF THE SPECIAL MEETING OF THE FRIDLEY CITY COUNCIL OF
MAY 15. �995
The Special Meeting of the Fridley City CounciY was called to order
by Mayor Nee at 7:38 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance
to the Flag.
ROLL CALL•
MEMBERS PRESENT:
MEMBERS ABSENT:
PROCLAMATIONS:
Mayor Nee, Councilwoman Jorgenson, Councilman
Billings, Councilman Schneider, and Council-
woman Bolkcom
I�[7Ta
POPPY DAY, MAY 19. 1995:
Mr. Burns, City Manager, read a proclamation proclaiming May T9,
1995 as Buddy Poppy Day in the City. Mayor Nee issued the
proclamation and urged citizens of Fridley to contribute generously
' to this cause by purchasing buddy poppies. Tie urged all patriotic
citizens to wear a buddy poppy in gratitude to those who rislced
their lives for our freedom.
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Mr. Jerry Netland, Poppy Chairman for V.F.W. Post 363, accepted
this proclamation. YIe introduced Tracy Thompson, Poppy Queen, who
distributed poppies.
PUBLIC WORKS WEEK - MAY 21-27. 1995:
Mr. Burns read a proclamation proclaiming the week of May 21
through 27 as Public Works Week. Mayor Nee issued the proc3amation
and called upon all citizens and civic organizations to acquaint
themselves with the problems involved in providing public works
services and to recognize the contributions public works personnel
make to the residents9 health, safety, and comforto
Mr. Paul Lawrence, Mr. Sim Brindley, an� Mr. Iien Holmstrom, of the
City's Public Works Department, accep�ed this proclamation.
APPROVAL OF MINUTES:
COUNCIL MEETING, MAY 8, 1995:
MOTION l�y Councilwoman Jorgenson to approve trhe minutes as
presented. Seconded by Councilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
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SPECIAL FRIDLEY CITY COUNCIL MEETING OF MAY 15, 1995 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
Mr. Burns, City Manager, briefly reviewed the items on the consent
agenda.
OLD BUSINE55:
1. ORDINANCE NO. 1050 UNDER SECTION 12.07 OF �HE CITY CHARTER TO
VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY
CODE (VACATION REOUEST. SAV #95-Oi, SY THE C3TY OF FRIDLEY,
GENERALLY LOCATED AT 5900 THIRD STREET N.E.) �WARID 3 L
Mr. Burns, City Manager, stated
for the vacation of the road
Third Street. He stated that w
the Custom Mechanical property,
of two new single family homes.
WAIVE THE READING AND ADOPT OP
READING AND ORDER PIIBLICATION.
that this ordinance provides
linking University Avenue to
hen this area is combined with
it will allow for construction
NO. 1050 02�T "PHE SECONB
2. ORDINANCE NO. 1051 YTNDER SECTION 32.06 OF THE CITY CHARTER
DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING
THE SALE THEREOF (GENERALLY LOCATED AT 5900 THIRD STREET N.E.S
� (WARD 3L
Mr. Burns, City Manager, stated that this ordinance declares
the Custom Mechanical property to be surplus and authorizes
the sale of the property,
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AAIVE THE READING AND ADOPT OP
READING AND ORDER PUBLICATION.
NEW BUSINESS:
NO. 1051 ON THE SECOND
3. ESTABLISH A PUBLIC HEARING FOR JUNE 12, 1995, FOR A PRE-
LIMINARY PLAT REOUEST, P.S. #95-02, BY HOME DEPOT USA. YNC..
TO REPLAT TRACT A, REGISTERED I.�AND SURVEI' #130 TNTO THREE
SEPARATE PARCELS, GENERALLY LOCATED NORTH OF I-694 AND EAST
OF EAST RIVER ROAD {WARD 31:
Mr. Burns, City Manager, stated it
hearinq be held on June 12, 1995
requeste fIe stated that this plat
and west of Main Street and would
stated that this project provides
new construction, 116,000 square �
Home Depot store, and 30,000 squax
other retailers.
is requested that a public
on this preliminary plat
is loca�ed north of I-694
create three parcels. He
2or 146,000 square feet of
aet of whicla will be for a
e feet will be devoted to
SET THE PUBLIC HEARING ON PRELIMINARY Pf,AT REQUEST' P.S.
�95-02i FOR JUL�IE 12a 1945.
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SPECIAL FRIDLEY CITY COUNCIL MEETING OF MAH 15, 1995 PAGE 3
4. ESTABLISH A PUBLIC HEARING FOR JUNE 12, 1995, FOR A REZONING
RE9UEST. ZOA #95-04. BY HOME DEPOT USA, INC., TO REZONE FROM
C-2, GENEI2AL BUSINESS, AND M-2, HEAVY INDUSTRIAL, TO C-3,
GENERAL SHOPPING CENTER DISTRICT. GENERALLY LOCATED NORTH OF
I-694 AND EAST OF EAST RIVER ROAD (WARD 3)e
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Mr. Burns, City Manager, stated it is requested that a public
hearing be held on June 12, 1995 on this rezoning request.
He stated that Home Depot is requesting a rezoning from C-2,
General Business, and M-2, Heavy Industrial, to C-3, General
Shopping Center District.
SET THE PUBLIC HEARING ON REZONYNG REQUESTs ZOA #95-04, FOR
JIINE 12s 1995.
RESOLUTION NO. 31-1995 REOUESTING THE SIX CITIES WATERSHED
MANAGEMENT ORGANIZATION TO RESOLVE THE STONYBROOK CREEK
IMPROVEMENT PROJECT:
Mr. Burns, City Manager, stated that this resolution requests
the Six Cities Wate�shed Management Organization �o review the
issues and make recommendations regarding the participation
of Spring Lake Park in the Stonybrook Creek improvement
projecte He stated that the City has attempted �o coordinate
a funding solution with the City of Spring Lake Park, but they
have not been willing to contribute to this project. He
stated that he has notified the City Administrator of Spring
Lake Park of this resolution.
ADOPT RESOLUTION NOo 31-1995.
RESOLIITION N0. 32-1995 APPROVING AND AUTHORIZING SIGNYNG AN
AGREEMENT ESTASLISHING WORKING CONDITIONS, WAGES AND HOURS OF
EMPLOYEES OF THE CITY OF FRIDLEY FIRE DEPARTMEN� FOR THE YEAR
1995:
Mr. Burns, City Manager, stated that �his agreement provides
the same salary and fringe benefit increases given to other
employee groups for 1995. He s�ated that the agreement also
includes a $2,250
CLAIMS:
oap on tuition reimbursement.
APPROVED - NO3. 61799 THROUGH 61862.
ESTIMATES:
APFROVED, AS FOLLOW3e
Innovative Irrigation
10006 University Avenue N.W.
Coon Rapids, MN 55448
Corridor Maintenance Project No. 275
Estimate No. Y. . . . . . . . . . .
$3,400.49
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SPECIAL FRIDLEY CITY COUNCIL MEETING OF MAY 15. 1995 PAGE 4
There were no comments from the audie�ce regarding the consent
agenda items.
MOTION by Councilman Schneider to approve the consent aqenda itemse
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimouslye
ADOPTION OF AGENDA:
MOTION by Councilman Schneider to adopt the agenda as
Seconded by Councilwoman Bol�com. IIpon a voice vote,
aye, Mayor Nee declared the motion carried unanimously.
OPEN FORUM. VISITORS:
submittede
all voting
There was no response from the audience under this item of
business.
PUBLIC HEARING°
9. PUBLIC HEARING ON THE PROPOSED TRANSFER OF CONTROL OF CATV
OPERATIONS IN FRIDLEY (CONTINUED FROM APRIL 24, 19951:
MOTION by Councilman Schneider to waive the reading of the public
� hearing notice and reopen the public hearing. Seconded by Council-
woman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously and the public hearing
reopened at 7:52 p.m.
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Mr. Moravetz, Cable Coordinator for the City, stated that this pro-
posed transfer of cable operations wi11 be from KBLCOM, a division
of Aouston Industries, to Time Warner, Inc. He introduced
Mr. Brian Grogan of the law firm of Moss & Barnett, who is repre-
senting the City bn this transfer, anc3 Nir. Mark Hammerstrom of
Paragon Cable.
Mr. Grogan statec3 that when reviewing tfie proposed transfer under
state and federal laws, the City has to iook at the leqal, ltech-
nical, and financial qualifications of Time Warner, Inc. Yie stated
that he is currently preparing a reportt for �he cable Commission.
The Commission would then submit a recommendation to the Council
for the June 12 Council meeting. Iie stated, at tha� time, the
Council will reoeive a detailed written repor�t, and he would
address any questions,
Councilman Schneider asked Mr. Grogan if he has received tfie infor-
mation he was seeking.
Mr. Groqan stated that he has received a response to his request,
but he still needs some clarification from Time Warner.
SPECIAL FRIDLEY CITY COIINCYL MEETYNG OF YAP.� 15. 1995 PAGE S
� Councilman Schneider stated that there is a technicaT issue he
wished to address. He asked if it should be discussed as part of
the transfer.
Mr. Grogan stated that Council is to review the 3egala technical�
and financial issues. He stated that what would not be appropriate
is to seek some change in �he franchise,
Councilman Scfineider stated that in regard to the technical issue,
there is a consistent interference problem on Channel 2, and he
would like to know if this is being addressed.
Mr. Grogan stated that he would follow-up on this issue and include
a written finding.
Mr. Hammerstrom, Director of Paragon Operations, stated that the
problem with the interference on Channe3 2 is electrical in nature
and is one of the hardest to solve. He stated that a fiber optic
line will be completed possibly in the next week which should
alleviate �his problem.
Councilwoman Jorgenson stated that sfie has a new VCR plus �ut
cannot program the channels into the actual cable box.
� Mr. Hammerstrom stated that he would contact Councilwoman Jorgenson
regarding this problem, because this should be able to be done.
Mayor Nee asked about cable competition anc3 if this wouTci Beeeg
prices down for cable service. He stated that Congress took away
any influence the Council may have on pricinge
Mr. Hammerstrom stated that the cable company is presently regula-
ted by Congress in terms of what they can charge. aie stated that
some cities regulate the base service rates but Fridley does noto
He stated that the rates have not changed since KBLCOM acquired the
systemo He stated �hat they are experiencinc� competitive
pressures. He stated that in the cable area, there are now custo-
mers subscribing to the microwave system operating off the IDS
building. He stated that cable television sti11 continues to be
a very good bargain. He stated �that their greatest concern is not
so much from the wireless competitors, as from the wire
competitors, He stated tha'c in the long run, competitiora is
healthy £or everyone, but they want 'to make sure that �Fiey cara
compete.
Mr. Grogan stated that Council has 12o days to take action on this
transfer request, and that deadline is June 21. He stated that it
does not matter whether or not this public hearing is closed or
� continued, but the Council should be in a position to approve or
deny this request at their June 12, 1995 meetingo
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SPECIAL FRIDLEY CITY COUNCIL MEETING OF MAY 15. 1995 PAGE 6
MOTION by Councilman Schneider to continue �his public hearing to
the June 12, 1995 Council meeting, Seconded by Councilwoman
Bolkcom. Upon a voice vote, a1T voting aye, Mayor Nee declared
the motion carried unanimously.
OLD BU5INES5°
10. FYRST READING OF AN ORDYNANCE RECODIFYING THE FRIDLEY CITY
CODE, CHAPTER 206. ENTITLED °1BUYLDING CODE," BY .�MENDING
SECTIONS 206.01.02, 206.01.03. 206.01.04. 206.03.01,
206.03.02. 206.05.01, 206.07.07 AND 206.10.04 (TABLED MAY 8,
1995 :
Mayor Nee removed this item from the table.
Ms. Dacy, Community Development Director, stated that Counci3 is
requested to approve tfie first reading of this ordinance �o amend
Chapter 206 of the City Code. She stated that this chapter esta-
blishes the building code and other code standards for construction
and alteration permits in the City. She stated it is recommended
that the State Uniform Building Code fee scriedu3e be adopte� for
building permits but a lesser fee be adopted for mechanical,
plumbing, and electrical permits.
� Ms. Dacy stated that at the last meeting, Councilman Schneider
requested a comparison of the cost to administer the permits in
relation to the fees charged. She stated that an analysis of eight
different permits has been provided, and seven of the permits did
not generate enough fees to cover the cost of the service provided.
C
At this time, 8:16 p.m., Councilman Billings arrive� at the
meeting.
Ms. Dacy stated that the City does not charge a plan check fee and,
in cost comparisons with other communities, Fridley compares
favorably on all types of permits.
Councilman Schneider stated he has a problem in that the City is
trying to encourage residents to improve �heir homes, and on �he
other hand, permit fees are increasing, He questioned why the fees
are almost $3,000 for a residential building permit, as he felt it
was exorbitant.
Ms. Daoy stated that the permit fee for new single family homes
was determined by evaluating all the employees involved and the
amount of time spent for plan review, inspections, verifying
setbacks, etc. She stated that higher fees are not recommended :or
mechanical and plumbing permits because when people usually remodel
a residence, they are changing the heating or updating the kitchens
or bathrooms.
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SPECIAL FRIDLEY CITY COIINCIL MEETING OF MAY 15. 1995 PAGE_i
Councilwoman Bolkcom stated that she did not feel that the permit
fees would deter people from remodeling their homese She felt that
there are other issues, and the City could make it easier for �hen
to remodel by providing inspections in the evening hours.
Ms. Dacy stated that the City is now working on providing after
hours inspections on Monday through Thurs�ay until 8:00 p,me
Councilwoman Jorgenson stated that not only is there an increase
in the City's permit fee, �ut there is also a state surcharge.
Councilman Schneider stated that it seems if the City is promotinq
rehabilitation, every extra cost can be a discouragement to the
property owner.
Ms. Dacy stated that possibly there could be a program where the
City could waive or reduce fees, or another �ea�ure of the rehabi-
litation or housing assistance program may be to su�sidize building
permit fees. She felt tfiat any policy Council may wish to consider
would be separate from this ordinance.
Councilman Schneider asked when staf£ could evaluate such a
program,
Ms. Dacy stated that possibly information could be given to Council
for the first meeting in June.
Councilwoman Bolkcom stated that as she understands, it may be in
oertain areas where Council wanted to encourage rehabilitation that
�he fees would be waived or reduce�.
MOTION by Councilman Billings to waive the reading and approve the
ordinance on first readinq. Seconded by Councilwoman Bolkcom,
Upon a voice vote, Councilman Billings, Councilwoman Bolkcomo
Councilwoman Sorgenson, and Mayor Nee vote� in favor of the motiono
Councilman Schneider voted against the motion. �ayor Nee decTared
the motion carried by a 4 to i vote.
NEW BUSINESS•
11. VARIANCE RE4UEST. VAR #95-09, �Y �YLLIAM H, AND NANCY L.
WILES, TO REDUCE THE SIDE YARD SETBACK FROM 15 FEET TO 5 FEET;
TO REDUCE THE PARKING SETBACK FROM THE PUBLIC RIGHT-OF-WAY
FROM 20 FEET TO 0 FEET: TO REDUCE THE HARDSURFACE SETBACK FROM
ANY PROPERTY LINE FROM 5 FEET TO 0 FEET: TO REDUCE THE HARD-
SURFACE SETBACK FROM THE MAIN BUILDING FROM 5 FEET TO 0 FEET:
AND TO PERMIT A CANOPY TO ENCROACH �NTO THE ADJACENT PROPERTY,
ALL IN ORDER TO INCREASE THE SIZE OF THE BUILDING GENERALLY
LOCATED AT 7429 EAST RIVER ROAD N.E. fWARD 3):
Mr. Hickok, Planning Coordinator, stated that this is a request for
multiple variances for the A& W property on East River Road, south
BPECIAL FRIDLEY CITY COUNCIL MEETING OF MAY 15, 1995 PAGE 8
� of Osborne Road. He stated that the variances are as fol3ows: (1)
to reduce the side yard building setback from 15 feet to 5 feet;
(2) to reduce the parking setback from the public right-of-way from
20 feet to 0 feet; (3) to reduce the parking setback from any
property line from 5 feet to 0 feet; (4) to reduce the parking set-
back from the building from 5 feet to 0 feet; and (5) to reduce the
required canopy setback in the side yard from 3 Yeet �co o feete
He stated that the variances are needecl in order to allow the re-
construction of the building �rom 29 feet by 46 feet to 39 by 46
feet.
Mr. Hickok stated that the Appeals Commission reviewed this request
and recommended approval of the side yarcl variance to recluce the
setback from 15 feet to 5 feet, and the variance �o reduce the
parking setback from the public right-of-way from 20 feet to �
feet. He stated that the Appeals Commission°s recommendation to
approve the variance to reduce the parking setback from any
property line from 5 feet to 0 feet resulted in a tie vote, and the
recommendation to deny the variance to reduce the parking setback
from the building from 5 feet to 0 feet resulted in a tie vote.
He stated that the Appeals Commission unanimously voted to deny the
variance for the canopy.
Mr. Hickok stated that if Council approves these variancese staff
� is recommending six stipulations, which he outlined.
Councilwoman Bolkcom asked what variances would be necessary if the
present foundation of the building was movede
Mr. Hickok stated that, conceivably, three of the variances could
be eliminated if the existing foundation was removed, d-Ie stated
that if the canopy was moved it may be possible to eliminate the
side yard setback variance. He stated that, as he understands, it
would be quite costly to relocate the canopy, d-Ie stated that
moving the canopy would involve the call s�ations which are indi-
vidually wired extensive and electrical worlc would be necessarye
Mayor Nee stated �hat if a person wishes to go from the Super-
America station to A& W, they usually go around the back of the
buildings. He asked if this access wouid be closeal.
Mr, Hickok stated that there is an existing 12 foot wide accessp
and it is requested that this be a standard driving width.
Councilman Billings asked if it was in compliance with the code
when the canopy was constructed. He questioned how it ended up on
the adjacent property eaitfiout any variance.
� Mr. Hickok stated that he honestly cannot answer that question, but
he is aware of an agreement between the two property owners that
has been in effect for some time. He s'tated that the code does not
allow for that encroachment of the canopy.
SPECIAL FRIDLEY CITY COUNCIL MEETING OF MAY 15, 1995 PAGE 9
� Mr. Wiles, the petitioner, stated tha� the Super�merica proper�y
and A& W were under one ownership at one time. He stated that i�
they move the canopy, it would be very expensive to get the wiring
changed.
Mr. Wiles stated that it would also be expensive to replace the
basement. He stated that they wanted the addition to the building
in order to move the refrigeration equipment from the basement to
the first floore
Councilman Billings stated that this request includes two five foot
variances on the east side of the building where the ten foot addi-
tion would be constructed. He stated that if the east wall of the
building is left as is, both of the variances would not be needed,
He asked Mr. Wiles if it would be feasible to add the ten foot
addition to the south.
Mr. Wiles stated that this is a possibility, but he has no� dis-
cussed it with his contractor. He stated that he would be willing
to review that alternative.
MOTION by Councilwoman Bolkcom to table Variance Request, VAR
#95-09, to the June 12, 1995 meeting and direct staff to work with
the petitioner on another alternative for �he addition. Seconded
� by Councilman Schneider. Upon a voice vote, a1T voting aye, Mayor
Nee declared the motion carried unanimously.
12. VARIANCE REOUEST, VAR #95-10, BY KENNETH MURPHY OF FRIDLEY
ALANO SOCIETY, TO REDUCE THE PARKING SETBACK FROM ANY STREET
RIGHT-OF-WAY FROM 20 FEET TO 10 FEET. TO ALLOW �'HE EXPANSIOI�
OF A PARKING LOT. GENERALLY LOCATED AT 5925 UNIVERSITY AVENUE
N.E. (WARD 11•
Mr. Hickok, Planing Coordinator, stated that this is a request by
the Alano Society for a variance to construct additional parking
north of their existing parking lot along University Avenue. %Ie
stated that the variance would reduce the setback from the front
property line from the required 20 feet to 8.2 feet.
Mr. Hickok stated that the Appeals Commission recommended approval
of the variance with six stipulations, which he outTined.
Councilman Billings asked what stipulations are requirements of the
code and would they be in effect whether or not a variance is
needed?
Mr. Hickok stated that Stipulation 1 is a requiremen� of the codes
Stipulation 2 is essential because the surface area is changing;
� Stipulation 3 should have been done previously on the east end and
preventing erosion is specific to this si�e plan; Stipulation 4 was
specific to the site plan; Stipulation 5 is a requirement of the
code on new construction and with expansion of the parking lotp
SPECIAL FRIDLEY CITY COUNCIL MEETING OF YdAY 15, 1995 PAGE 10
� additional landscaping is requested; and Stipulation 6 is typical
with construction or parking lot projects,
Councilman Billings stated that �he variance is fo reduce t�e
parking setback from the street right-of-way from �he required 20
feet to 8.2 feet. He stated that several year ago, when a variance
was granted for the building, it was from 20 feet to 10 feet.
Mr. Hickok stated that a variance was approved grom 20 feet ta
9 feet from the property line, but it is short o£ �hat footage.
Councilman Billings asked how many parking stalls would be
eliminated if the variance was not approved.
Mr. Hickok stated that two parking stalls on the very west edge
would he eliminated.
Councilman Billings stated that a£ter this facility was built, he
and Barb Dacy, and an adjacent resident ancl representative oi the
Alano Society, met to discuss problems that were occurring in
regard to lights shining in residents° windows. IIe stated that at
that time, the Alano Society indicated that when they expanded the
parking loto f.raffic would come in from the north.
� Mr. Hickok stated that this was mentioned to the petitionerp and
he indicated that that was not the plan at this time and would
exceed their budget limitations.
Mr. Hickok stated that the petitioner, Mr. P�'furphy, is present to
answer any questionse
Mr. Murphy, the petitioner, stateci that if the traffic came in from
the north off of 60th Avenue where the driveway would probably be
located, they would have to drive 240 feet to their building and
60 feet of fencing would need to be installecl. Iie stated that this
would cost about $18,000, and they woul� k�ave to scrap the project,
He stated that there is also a day care center at 6oth Avenue�
Mr. Murphy stated he was not aware that �hey needed a 25 foot wide
driveway. He stated that they need to expand their parking, as
they are using parking at the adjacent printing shope
Mayor Nee stated that it seems their £acility is creating somewhat
of a nuisance in the neighborhood, and this has not been addressed
by the Alano Society.
Mr. Murphy stated that there was a conflict witfi one neighbor, but
since 1992 there have not been any nuisanee calls,
� Councilman Billings stated that severaY businesses to the south
received variances from the front yard setback primarily for
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SPECIAL FRIDLEY CITY COUNCIL MEETING OF MAY 15, 1995 PAGE 11
parking. He stated that he cannot make a motion or vote on this
issue because of a conflict of intereste
Councilwoman Jorgenson stated that she would like feedback from the
neighbors reqarding extension of the driveway to �he north. She
stated that she has received calls regarding headlights shining
into residents' homes. She felt that perhaps this item should be
tabled, so that residents are made aware that the driveway may be
to the north,
Mr. Murphy stated that if they have to come in from the north, they
probably will submit another plan,
MOTION by Councilwoman Jorgenson to table Variance Request, VAR
#95-10, to the June 12, 1995 Council meetinge Seconded by Council-
woman Bolkcom, Upon a voice vote, Councilwoman Jorgenson, Council-
woman Bolkcom, Councilman Schneider, and Mayor Nee voted in £avor
of the motion. Councilman Billings abstained from voting on �he
motion. Mayor Nee declared the motion carried.
13. INFORMAL STATUS REPORTS:
Mr. Burns, City Manaqer, stated that there were no informal status
reports.
SPECIAL MEETYNG OF THE FRIDLEY CITY COUNCIL AND THE FRYDLEY HOUSING
AND REDEVELOPMENT AUTHORITY:
Mr. Herrick, City Attorney, stated that Council will now meet in
a joint closed session with the FridTey Housing and Redevelopment
Authority to discuss threatened litigation �hat involves the
proposed project in the southwest quadrant of University Avenue and
Mississippi Street. He stated that after this closed portion of
the meetinq Council can move to adjourne
MOTION by Councilwoman Jorgenson to close this portion of the mee-
ting to enter into a closed joint session with the Eridley Housing
and Redevelopment Authority and attorneys regarding possible
litigation on the proposed project in the southwest quadrant of
University Avenue and Mississippi Stree�o Seconded by Councilwoman
Bolkcom.
Councilman Billings stated that since Counci3 is a public body and
will be conducting a closed meeting to discuss possible litigation,
the reason the State statute permits that meeting to be closed is
so that the opposing side does not know of Council's plans. He
asked if the minutes become public and under what circumstances at
any point in time.
Mr. Herrick stated that minutes are not required. He stated that
the discussion between Council and the attorneys is confidentiaYe
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SPECIAL FRYDLEY CITY COiPNCIL MEETING OF MAY Y5, 7995 PAGE 12
Councilwoman Jorqenson stated that she understood that minutes were
neede8.
Mr. Herrick stated that is not correc�to Ibut there is a special
provision for labor negotiations where it is required that the
meeting be taped. He stated that this does not apply to threatened
litigation.
Councilman Billinqs stated that the only item Council can discuss
is this litigation. He stated that in terms of the closed session,
it is the outcome of that litigation that would be publice
Mr. Herrick stated that if documents are filed, they �ecome public.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously and this portion
of the special meeting closed at 9:40 p.m.
The closed joint meeting of the Council and the Housing and fl2edeve-
lopment Authority began at 9:55 p.m.
MOTION by Councilman Billings to direct staff to remove the south�
west quadrant items from the May 22, i995 Council agenda and notify
the affected persons. Seconded by Councilwoman Bolkcom. Upon a
' voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
ADJOURNMENTo
MoTION by Councilman Schneider to adjourn the meeting. Seconded
by Councilwoman Jorgenson. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously and the SpeciaY
Meeting of the Fridley City Council of May 15, 1995 adjourned at
12:18 a.m.
Respectfully submitted,
Carole Haddad
Secretary to the City Council
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William J. Nee
Y�ayor