07/22/1996 - 00002116�
,
THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF
JULY 22, 1996
The Regular Meeting of the Fridley City Council was called to order
by Mayor Nee at 7:56 p.m.
PLEDGE OF ALLEGIANCE.
Mayor Nee led the Council and audience in the Pledge of Allegiance
to the Flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman
Billings, Councilman Schneider and Council-
woman Bolkcom
MEMBERS ABSENT. None
APPROVAL OF MINUTES:
COUNCIL MEETING, JULY 8, 1996•
MOTION by Councilwoman Jorgenson to approve Lhe minutes as
presented. Seconded by Councilman Schneider. Upon a voice cote,
all voting aye, Mayor Nee declared the motion carried unanimously.
APPROVAI, OF PROPOSED CONSENT AGENDA.
NEW BUSINESS�
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RECEIVE THE MINUTES OF THE PLAPdNIPdG COMMISSION MEETING OF
SULY 10, 1996.
RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF
JULY l0, 1996.
SPECIAL USE PER.MIT, SP #96-12, BY DAT TRAIQ, TO ALLOW ACCESSORY
BUILDINGS OTHER THAN THE FIRST P.CCESSORY BUILDING, OV�R 240
IT/�\.7�
Mr. Burns, City Manager, stated that this is a request for a
special use permit to allow construc�ion of a 24 foot by 24 by
26 foot second accessory structure StaTf originally
recommended denial due to the age and non-conforming status of
the main structure. The petitioner, howzver, agreed to remove
the hard surface ad�acent to the existing garage, leav�ng only
one driveway. Therefore, approval is recommended
� GRANTED SPECIAL USE PERMIT, SP #96-12, WITH THE STIPULATION
THAT THE PETITIONER SHALL REMOVE THE HARD SURFACE PAFtKING AREA
ADJACENT TO THE DWELLING UNIT AND THIS AFtEA SHALL BE RE-SODDED
OR SEEDED.
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FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996
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APPROVE COMPREHENSIVE SIGN PLAN FOR THE GYM, LOCATED AT 6525
UNIVERSITY AVENUE N.E. (WARD 1):
Mr. Burns, City Manager, stated that with the addition of a
third tenant to this property, the code requires the
submission of a comprehensive sign plan. The proposed new
sign is to be a four foot by eight foot internally lit cabinet
sign. The total square footage of signage complies with the
ordinance requirements for wall signage, and staff recommends
approval.
APPROVED THE COMPREHENSIVE SIGN PLAN FOR THE GYM, 6525
UNIVERSITY AVENUE N.E.
FIRST READING OF AN ORDINANCE TO REPEAL ORDINANCE N0. 1062
PERTAINING TO VACATION OF A DRAINAGE AND UTILITY EASEMENT
(INDUSTRIAL EQUITIES, 73RD AVENUE AND NORTHCO DRIVE) (WARD 1):
Mr. Burns, City Manager, stated that Ordinance No. 1062 was
adopted by the Council on January 8, 1996 for the vacation of
a drainage and utility easement on property located near 73rd
Avenue. The legal description contained in the ordinance was
prepared by the petitioner's surveyor. It referred to a lot
and block description which was preciously assigned to the
property. Because the property subsequently was platted, the
previous lot and block description does not coincide with the
description on the Torrens certificate In order to correct
the legal description, Ordinance No 1062 must be repealed,
and a new ordinance containing the corrected legal description
must be adopted.
WAIVED AND READING AND APPAOVED THE ORDINANCE ON FIRST
READING.
FIRST READING OF AN ORDINANCE UPIDER SECTION 12.07 OF THE CITY
CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C
OF THE CITY CODE (INDUSTRIAZ EQUITIES, 73RD AVENUE AND NORTHCO
TIDTSTL'1 lG1TDTl 'I 1 •
Mr. Burns, Ciry Manager, stated that this ordinance provides a
corrected legal description o= the Industrial Equities
easement vacation at 73rd Avenue and Northco Drive.
WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST
READING.
RECEIVE BIDS AND AWARD CONTRACT P'OR THE NII SSISSIPPI STREET AND
THIRD STREET INTERSECTION IMPROVEMENT PROSECT N0. 96-04
(WARD 1)�
Mr Burns, City Manager, stated that bids were opened on
June 20. Four bids were receiced for Lne Mississippi Street
and Third Street intersection improvement. The low bidder was
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FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996
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W.B. Miller, Inc. in the amount of $212,616.20. The original
estimate for this pro�ect was $162,237.69. The cost overrun
is a result of a combination of additional requirements by
Anoka County and current market conditions/pricing by
contractors. Of the $50,378.51 overage, the engineer is esti-
mating that approximately $26,000 to $34,000 is a result of
the County requiring complete remilling and sawcutting of the
pavement at the intersection. Other factors affecting the
cost are a higher mobilization cost than originally antici-
pated; a higher per unit cost for asphalt because of the
increase in the cost for oil since last year; and the traffic
control requirements of the pro�ect itself total $5,000.
Mr. Burns stated that when the cost sharing agreement was
originally approved, it was understood that additional costs
would ultimately be the responsibility of the Housing and
Redevelopment Authority (HRA). The HRA passed a resolution
agreeing to pay for a11 the additional costs in order to
proceed with the pro�ect in a timely manner sub�ect to sLaff
pursuing other contributions, if possible. The County is
processing a request to contribute an additional amount equal
to $20,000, and Holly Center has been contacted to determine
its willingness to contribute an additional amount toward the
pro�ect. Rottlund Homes indicated that they cannot contribute
additional funds due to unanticipated utility and other costs
for the site preparation.
Mr. Burns stated staff recommends that the bid be awarded to
W. B. Miller, Inc. in the amount of $212,616.20.
RECEIVED THE FOLLOWING BIDS FOR THE MISSISSIPPI STREET AND
THIRD STREET INTERSECTION IMPROVEMENT PROJECT NO. 96-09: W. B.
MILLER, INC ,$212,616.20, MIDWEST ASPFIALT CORP., $214,977.40;
ALBER ASPHPS,T CO., $217,999.40; AND LAND DAR, INC ,
$255,302.10. AWARDED THE CONTRACT TO THE LOW BIDDER, W. B.
MILLER, INC. IN THE AMOUNT OF $212,616.20, CONTINGENT UPON
APPROVAL BY THE MINNESOTA STATE AID OFFICE.
RECEIVE B1DS AND AGdARD CONTRACT FOR 1996 STRLET IMPROVEMENT
PROJECT N0. ST. 1996 - 1& 2'
Mr. Burns, City Manager, stated that bids were opened on
July 18 for the 1996 Street Improvement Pro�ect No ST. 1996 -
1& 2. The pro�ect includes reconstruction of Alden Way irom
Rickard Road to 79th Way; East River Road to the Burlington
Northern tracks; sewer diversion from East River Road to the
Metropolitan Waste Environmental Services interceptor; and
miscellaneous overlays Six bids were received, and the 1ow
bidder was Thomas and Sons Construct?on, Inc. in the amount of
$527,183.64. It is recommended tnat Lhe contract be awarded
to Thomas and Sons Construction contingent upon approval of
the plans and specifications by the Minnesota SLate Aid
Office.
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FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996
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RECEIVED THE FOLLOWING BIDS FOR THE 1996 STREET IMPROVEMENT
PROJECT NO. ST. 1996 - 1 & 2: THOMPS & SONS CONSTRUCTION,
INC., $527,183.69; W. B MILLER, IN., $549,859.75; HPS2DRIVES,
INC., $554,528,94; MIDWEST ASPHAI,T, $595,725.90; VALLEY PAVING
COMPANY, $611,657.65; AND C.S. MCCROSSAN C�NSTRUCTION, INC.,
$623,710.70. AWARDED THE CONTRACT TO THOMA.S & SONS
CONSTRUCTION, INC. FOR $527,183 64, CONTINGENT UPON APPROVAL
BY THE MINNESOTA STATE AID OFFICE.
APPROVE CHANGE ORDER NO 5 FOR 1995 STREET IMPROVEMENT PROJECT
N0. ST. 1995 - 1& 2:
Mr. Burns, City Manager, stated that this change order is to
allow B-624 curb and gutter rather than B-618 in order to
provide consistent curb and gutter style along University
Avenue. The additional cost is $9,956 which is borne by the
State Staff also recommends approval.
AUTHORIZED CF3ANGE ORDER NO. 5 FOR 1995 STREET IMPROVEMENT
PROJECT NO ST. 1995 - 1& 2 WITH HAI2DRIVES, INC. IN THE
AMOUNT OF $4,956.00.
RL�SOLUTION N0. 48-1996 AUTHORIZIDIG THE POST IIQG OF "NO PARKIIQG"
Mr. Burns, City Manager, stated that in order to obtain State
Aid funding for the Alden Way improvements, the City must post
"no parking" on one side of the street. The east side of the
street will be posted with "no parking" signs, and staff
recommends adoption of this resolution.
ADOPTED RESOLUTION NO. 98-1996,
RESOLUTION N0. 49-1996 AUTHORI2ING CIiANGES IN APPROPRIATIONS
FOR THE GENERAL FUND FOR THE SECOND QUARTEk OF 1996
Mr. Burns, City Manager, stated thut this resolution is to
amend appropriations to the 1996 budget which have arisen as a
result of donations, unforeseen ex_penditures, and reclassifi-
cation of account codings.
ADOPTED RESOLUTION NO 49-1996.
APPROVE SPECIAL ASSESSMENTS FOR OSBORNL� COMMERCE CENTER
Mr Burns, Ci�y Manager, stated that Steiner Decelopment,
� Inc., on behalf of Consolidated Container, is constructing a
101,600 square foot multi-tenanL office warehouse pro�ect on
the northwest corner of Osborne Road and Main Street. About
half of the building will be occupied by Gazda Mayflower
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FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996
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Mr. Burns stated that the developer has submitted a letter
requesting that only the interest costs of the original
assessment be spread over ten y2ars. A reduction of the
assessment is not requested Storm sewer improvements were
assessed to the site as part of the Commerce Lane portion of
the 1989 street improvement pro�ect. This assessment roll was
adopted in 1990. It is for a ten year period which ends in
the year 2000 at 8-1/2 percent interest.
Mr. Burns stated that Steiner Decelopment is proposing to pay
the total interest of $21,250.17 over ten years with annual
payments of $2,125.02. This proposed request will not result
in any financial loss to the City given the size of the
pro�ect and the property taxes. There would also be no impact
to the Housing and Redevelopment Authority's budget.
APPROVED AND DIRECTED STAFF TO PREPARE AN ASSESSMENT ROLL
WHICH SPREP.DS THE $21,250.17 INTEREST AMOUNT OVER A TEN YEAR
PERIOD.
12. APPROVED 1996/1997 ANIMAL CONTROL COPdTRACT BETWEEN THE CITY OF
FRIDLEY AND SK`'LINE VETERINARY HOSPITAL•
Mr. Burns, City Manager, stated that the City's current
� contract with the Skyline Veterinary Hospital expires on
July 31. The new contract provides a two percent increase
from $1,250 to $1,275 per month. The Police Department is
satisfied with the services provided by Skyline Veterinary
Hospital, and staff recommends approcal of the contract.
APPROVED THE 1996/1997 ANZMAL CONTROL CONTRACT BETWEEN THE
CITY AND SKYLINE VETERINARY HOSPITAL AND AUTHORIZED THE
APPROPRIATE OFFICIALS TO EXECUTE SAME.
13. CLAIMS'
AUTHORIZED PAYMENT OF CLAIM NOS. 68987 THROUGH 69237.
14 . LICEtdSES •
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE
LICENSE CLERK'S OFFICE.
15. ESTIMATES�
APPROVED THE ESTIMATES, AS FOLLOWS:
Richmar Construction, Inc
� 7776 Alden Way, N.E
Fridley, MN 55432
53rd Acenue Booster Station
Project No. 280
Estimate No. 3 . . . . .
$22,365.85
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FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 6
Hardrives, Inc.
14475 Quiram Drive
Rogers, MN 55374-9461
1995 Street Improvement
Pro�ect No. ST. 1995 - 1& 2
Estimate No. 5 . . . . . . .
Landmark concrete, Inc.
17630 Highway 65
Ham Lake, MN 55304
1996 Removal & Replacement
Concrete Curb and Gutter
Pro�ect No 294
Estimate No. 2 . . . .
of Miscellaneous
and Sidewalk
$30,401.23
_ . . . . . $ 3, 669.37
No persons in the audience spoke regarding the proposed consent
agenda items.
MOTION by Councilwoman Bolkcom to approve the consent agenda items.
Seconded by Councilman Schneider Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
r��yw�a��a��ar.r�
MOTION by Councilman Billings to add a resolution agreeing to and
authorizing execution of a recreational facility cooperative
agreement between the City and School District Pdo 14 for the �oint
use of Hayes Elementary School. Seconded by Councilwoman
Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
MOTION by Councilman Billings to adopt the agenda with the aboce
addition to be added before the Open Forum segment of the agenda
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
15A. RESOLUTION NO. 50-1996 AGREEING TO AND AUTHORIZING EXECUTION
OF A RECREATIONAL FACILITY COOPERATIVE AGkEEMENT BETWEEN THE
CITY OF FRIDLEY AND SCHOOL DISTRICT N0. 14 FOR THE JOINT USE
OF HAYES ELEMENTARY SCHOOL IN THE CITY OF FRIDLEY:
Mr. Burns, City Manager, stated that the intent of this resolution
is to authorize entering into an agreement with School District
No. 14 �oint use of the Hayes Elementary gymnasium. The agreement
specifies the terms for �oinL us2 and the City's contribution for
financing 920 square feet of gymnasium space ($42,000), the
difference in cost between a hardwood gymnasium floor and a tiled
floor ($33,000); additional costs for constructing a 240 square
foot warming house ($24,000); and a$10,000 contingency. In the
event these items exceed $109,000, the City will have the right to
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FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 7
rescind its participation in this agreement by giving notice within
fourteen days of the official bid opening for the pro�ect.
Mr. Burns stated that the agreement is for thirty years and would
automatically renew on an annual basis until the school district or
City terminates the agreement. He reviewed the terms for construc-
tion; maintenance, repairs and destruction of improvements; use of
the premises; fees; insurance; utilities; and indemnitication.
Mayor Nee asked if the facility would be available for use by
senior citizens.
Mr. Burns
tional use
nothing in
facility.
stated that the City would schedule some open recrea-
. If senior citizens want to use the gym, there is
the agreement that would preclude them from using this
Councllwoman Jorgenson stated that the usc of the gymnasium would
be for all residents of the City.
Councilman Schneider asked if it was the City's intent to schedule
non-organized time as well as time for organized activities.
Mr Burns stated that it would be the City's intent to schedule
time for unorganized as well as organized activities.
MOTION by Councilman Billings to adopt R2solution No. 50-1996 and
authorize the appropriate officials to execute th2 agreement.
Seconded by Councilwoman Jorgenson.
Councilman Schneider asked if the resolution had to be read since
it was not an official agenda item.
Mr. Knaak, City Attorney, stated that Council can waive the reading
by a motion. Past practice of the Council is that resolutions have
not been read, but the title could be read.
MOTION by Councilman Billings to amend the motion by waiving the
reading of this resolution and agreement between School District
No 14. Seconded by Councilman Schneider. Upon a voice vote, a11
voting aye, Mayor Nee declared the motion carried unanimously.
Councilrnan Billings stated that the essentials of the resolutiori
and agreement have been adequately explained by the City Manager.
Mr. Burns stated that the school board has asked for a vote this
evening so they can begin the bidding process in August and open
bids in September. If Council does not take action, it will not
� give the school district time to assemble their drawings and
specifications. The school district feels that the bids will be
better if bid at this time.
� FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 8
Councilwoman Jorgenson stated that she and Councilman Billings have
been working with the school district on this issue. Also, Jack
Kirk and Karen Schaub have been oaorking on the cooperative
agreement, and the process has been ongoing for several months.
Councilman Schneider felt it was critical that even though all
residents in Fridley can use this gymnasium, the City`s investment
should be protected. If the agreement should terminate, the
building should be appraised, and a pro-rated share of the City's
investment of the value of the building should be returned to the
City.
Councilwoman Bolkcom felt that the City would want to continue the
use of the gymnasium until it no longer exists or the City no
longer needs the facility. The relationship between the school
district and the City is excellent
Councilman Schneider stated that he felt the relationship between
the school board, City Council, and City staff is excellent. He
would not have a concern if he knew this would continue for the
term of the agreement. However, circumstances may change, and the
City Manager has drafted language in an attempt to resolve Lhis
concern.
� MOTION by Councilman Schneider to amend the agreement by deleting
the following language, under Section 2, Term of the Agreement:
"If District at any time determines that the Hayes Elementary
School is no longer necessary or suitable to operate as an
elementary school it may, solely at its option, close, lease or
convey the school, and this agreement will be amended as follows
If the District decides to maintain and operate the school for
other District purposes or to lease the school, this Agreement will
continue according to its terms. If the District decides to convey
the school, a share of the selling price that represents the
remaining value of the improcements paid for by City under Section
3B of this �greement wi11 be returned to the City from funds
received by District in the sale. In no event shall the return of
funds to the City, under this paragraph or any other provision of
this Agreement, exceed the City's initial contribution for
construction under Section 3B. If the District decides to close
the school, the City will have the option to continue to operate,
at its sole expense, that part of the school necessary to continue
the terms of this Agreement." Further, the following language is
to be substituted. "In the event that Lhe District for any reason
terminates the agreement, the District and the City will �ointly
hire an appraiser to appraise the remaining calue o£ the building.
The District will reimburse the City for a portion of this value
� based on the City's proportion on the initial_ incestment in the
gylnriasium In no case will the District's reimbursernent exceed the
City's original investment." Seconded by Councilwoman Bolkcom.
� FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 9
Councilman Billings stated that over the last several weeks staff
has worked closely with the school district to reach some
parameters for an agreement which was passed on to the attorneys
for review. Perhaps the City Attorney should comment on the
language and how it would be perceived by the school district.
Mr. Knaak stated that the point should be clarified on the intent
of the language with respect to the method of valuation on the
City's portion of the overall investment. He suggested that the
language in Section 2 be clarified in the second to the last line
by substituting the words "of the overall investment in the
gymnasium," rather than the words "on the initial investment in the
gymnasium."
COUNCILMAN SCHNEIDER WITHDREW HIS MOTION, WITH PERMISSION OF HIS
SECONDER COUNCILWOMAN BOLKCOM.
MOTION by Councilman Schneider to amend the agreement by deleting
the following language, under Section 2, Term of the Agreement.
"If District at any time determines that the Hayes Elementary
School is no longer necessary or suitable to operate as an
elementary school it may, solely at its option, close, lease or
convey the school, and this agreement will be amended as follows•
If the District decides to maintain and operate the school for
� other District purposes or to lease the school, this Agreement wlll
continue according to its terms. If the District decides to convey
the school, a share of the selling price that represents the
remaining value of the improvements paid for by City under Section
3B of this Agreement will be returned to the City from funds
received by District in the sale In no event shall the return of
funds to the City, und2r this paragraph or any other provision of
this Agreement, exceed the City's initial contribution for
construction under Section 3B. If the District decides to close
the school, the City will have the option to continue to operate,
at its sole expense, that part of the school necessary to continue
the terms of this Agreement." Further, the following language is
to be substituted: "In the event that the District for any reason
terminates the agreement, the District and the City wi11 �ointly
hire an appraiser to appraise the remaining value of the building.
The District will reimburse the City for a portion of this value
based on the City's proportion of the overall investment in the
gymnasium. In no case will the District's reimbursement exceed the
City's original investment " Seconded by Councilwoman Bolkcom.
Upon a voice vote, a11 voting aye, Mayor Nee declared the motion
carried unanimously
Councilman Schneider stated that it is not his intent to be argu-
mentative, but he has had discussions with residents outside of
� School District No. 14 regarding the spending of tax dollars. He
felt, therefore, that this language was needed to rightfully
address the concerns of taxpayers that are not in School District
No 14.
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FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996
PAGE 10
UPON A ROLL CALL VOTE ON THE MAIN MOTION, Councilman Billings,
Councilwoman Jorgenson, Mayor Nee, Councilman Schneider, and
Councilwoman Bolkcom voted in favor of the motion. Mayor Nee
declared the motion carried unanimously.
Councilwoman Bolkcom stated that the City Manager was to take this
resolution and agreement to the school board at their meeting which
is in progress.
At this time, Mr. Burns left the meeting to deliver these documents
to the school board at their meeting.
OPEN FORUM, VISITORS:
MS. JAN JOLLY, REPRESENTING SACA.
Ms. Jolly, representing SACA, thanked Council for their appropria-
tion of CDBG funds for SACA. SI�CA serves Fridley, Columbia
Heights, Hilltop, and a portion of Spring Lake Park. SACA is
hurting for funding, and they have put out a mailing appealing to
businesses for contributions. They receive funds from AACAP and
the County, as well as Columbia Heights, Spring Lake Park, Hilltop,
Fridley, and area churches.
� Ms. Jolly stated that the City of Columbia Heights donates the home
where the food shelf is located and pays for the electricity,
water, sewer, and heat. The Public Works Department in Columbia
Heights maintains grounds and plows the snow. She felt that
Fridley should try to find funding for SACA, as they serve almost
as many Fridley residents as Columbia Heights residents. At this
time they are in the red by $4,372. She submitted a copy of thetr
proposed budget
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Councilwoman Jorgenson requested that SACA provide a breakdown on
what Fridley contributes as a community.
Councilwoman Bolkcom suggested to Ms. Jolly that she contact the
group associated with the Values Program
PUBLIC HEARINGS:
16. PUBLIC HEARING ON AN ORDINANCE AMENDING SECTION 2.Oo O1 OF THE
FRIDLEY CITY CHARTER:
MOTION by Councilman Billings to waive the reading of the public
hearing noticed and open the public hearing. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously and the public hearing
opened at 8�55 p.m
Mr. Champa, City Clerk, stated that this is a public hearing for an
amendment to Section 2.06.01 of the City Charter. The Charter
Commission addressed this proposed amendment over the past year and
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FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 11
passed it at their January meeting. The amendment removes the
words "without good cause," which would make it possible for the
Council to declare a vacancy in the event a council member was not
performing any of the duties of inembership in the Council for a
period of three months.
Councilman Schneider questioned whether the language accomplishes
what is intended He reads the language that if a councilmember
does not do �ust one thing, a vacancy could be declared.
Ms. Mau, past Chairperson of the Charter Commission, stated the
intention was that if a council member could not perform any of the
duties, he could be removed
Councilman Schneider asked if this section would apply if, for
example, a council member could read the minutes, give input,
consult with the City Manager, converse by phone, but could not
attend a Council meeting.
Ms. Mau stated that this would not apply. 7'he intent of this
section was if a council member did nothing.
Councilman Schneider felt that the language should be further
clarified.
Mr. Knaak, City Attorney, stated that deleting the words "without
good cause," eliminates a council member's defense.
Councilman Billings stated that the Charter does not now provide
any mechanism for a member to be removed who is incapacitated. He
felt that the Charter Commission was look_ing for a way to try to
accommodate this issue. In the final analysis, it seems to make
sense to eliminate thz words "oaithout good cause." If a council
member is incapacitated or not present to provide the leadership
for the City, the question is if that council member has the
responsibility to the voters to resign so the City can proceed to
have an election to find someone that can carry out these duties.
By striking "without good cause" the Council is taking away the
defense. If a council member is not doing his �ob, he is not
representing the citizens who elected him, and the Council then has
to make the decision to declare a vacancy.
Councilman Schneider asked if Council would take action if a person
is unable to remove himself because he is totally incapacitated
could not choose to resign. He felt the language should be very
precise.
Councilwoman Bolkcom stated that if a council member was to be
removed from office either because he was not performing his duties
or because he was incapacitated, a11 of this would have to be
reciewed.
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FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996
PAGE 12
Councilman Schneider raised some hypothetical issues relating to
removal of a council member strictly for political gain. He felt
that the language should be drafted carefully so there is no room
for abuse.
Councilman Billings stated that it seems clear to him that failure
of any council member to perform any of the duties of inembership of
the Council is reason for removal.
Mr. Knaak stated that he is not sure that removal of the words
"without good cause" would accomplish the intended purpose. He
would suggest insertion of the language "because of incapacitation
or absence from the City". He wondered about the legal reason for
not inserting that specific language, but he is not suggesting it
was somethxng that was missed.
Ms Mau stated that there are many reasons that would have to be
listed for a council member to not be capable of performing any of
his duties. It was felt that the language in this ordinance summed
it up pretty well.
Councilman Schneider felt that the purpose of the language is to
cover a situation where, due to total disability or incapacitation,
a council member was not able to resign. He agrees 100 percent
with this concept, but he is philosophically opposed that the
Council can take action.
Mr. Knaak stated that if it is the intent to focus on the issue of
incapacitation, he would suggest the words "because of incapaci-
tation" be added after the words "three months" at the end of the
next to the last line of th�s proposed amendment.
Councilwoman Jorgenson stated that Council does not have the
ability to amend the Charter Commission's proposed amendment.
Ms Mau stated that she can bring this suggestion back to the
Charter Commission.
Councilman Schneider felt that there are two issues. He agrees
with the Charter Commission's concern how to handle incapacitation,
but he did not feel the language is precise enough. He stated
that, with the other incidents, he has a philosophical difference.
As long as there is recall, malfeasance, and non-feasance, he felt
Council should not be involced
Councilman Billings stated that he does not want to minimize the
abilrty of the electorate to remove someone from office; however,
this is a very cumbersome course. Tne way he interprets the
language, it would be a situation where someone either through
incapacitation or through willful negl2ct did not perform the
duties of their office and could be removed. Council would be
taking an action that they felt would be in the best interests of
the City. If Council obviously did somethinq that is inappro-
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FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 13
priate, this would be handled by the electorate in the forthcoming
election. The language is there. It has been there for some forty
years and has not been willfully abused by any Council in the past.
Because of the way the state statutes are structured, Council does
not have the ability to make amendments. They either accept or
re�ect the amendments submitted by the Charter Commission.
Councilman Schneider stated that the Charter is an area where they
have to exercise extreme diligence. If, in fact, they are trying
to cover more than the incapacitation issue, he has a problem with
zt. He would like to see another proposal to tiqhten up the
language. He is not quite sure how to resolve the philosophical
difference.
No persons in the audience spoke regarding this proposed Charter
amendment
MOTION by Councilman Schneider to close the public hearing.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 9�45 p.m.
17. PUBLIC HEARING ON AN ORDINANCE AMENDING CHAPTER 3 OF THE
FRIDLEY CITY CHARTER.
� MOTION by Councilman Schneider to waive the reading of the public
hearing notice and open the public hearing. Seconded by
Councilwoman Bolkcom. Upon a voice vot�, all voting aye, Mayor Nee
declared the motion carried unanimously and the public hearing
opened at 9•45 p.m.
Mr. Champa, City C1erk, stated that the Charter Commission has
spent the last three years revie�aing this chapter on Council
procedure. The amendments accomplish the following• clarifies
first Council meeting of the year; allows for notify�_ng council
members of ineetings in ways other than written notice (i.e.,
electronic mail or E-mail); however, the twelve hour notice
requirement remains intact; clarifies a quorum and ma�oritV; and
removes excessive language or changes language slightly without
altering the meaning or intent. He reviewed all the proposed
changes by each section which included meetings, quorums,
ordinances, resolutions, and motions.
Councilman Schneider asked the reason for reducing the number from
three to two members of the Council that may call a special
meeting.
Councilman Billings stated that in January, the Charter Commission
� requested that represenzatives of the Council meet with them. He
and Councilwoman Bolkcom were present when this particular language
was discussed. This was prior to when Mr. Champa was appointed as
liaison to the Charter Commission.
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DLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 14
Councilman Billings stated that it was the Charter Commission's
feeling that if two members of the Council felt something was so
important that it necessitated a special meeting, their options
should be honored. If there was a ma�ority controlling the agenda
and items that a minority felt were important, this would provide
the means to call it to the attention of the public by calling a
special meeting.
Councilman Schneider asked if the language regarding the violation
of an emergency ordinance was necessary
Ms. Mau stated that this section is merely clarified and makes it
easzer for the general public to understand.
No persons in the audience spoke regarding this proposed Charter
amendment.
MOTION by Councilwoman Bolkcom to close the public hearing.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 10•02 p.m.
18. PUBLIC HEARING ON ADDING AN ADDITIONAL PARCEL TO REDEVEZOPMENT
PROJECT AREA N0. 1 FOR WAI,LBOARD, INC. (WARD 3):
MOTION by Councilwoman Bolkcom to waive the reading of the public
hearing notice and open the public hearing Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unan�_mously and the public hearing
opened at 10 04 p.m
Ms. Dacy, Community Development Director, stated that this parcel
is proposed to be added to Redecelopment Pro�ect Area Pdo. 1 in the
Great Northern Industrial Park south of I-699 The purpose of the
public hearing is to comply with state law when a C1ty adds to a
redevelopment area. This is not to establish a tax increment
financing district but would place the parcel in the redevelopment
project area. This would permit the Housing and Redevelopment
Authority to promote development opportunities to add tax value,
create �obs and diversify the tax base.
Ms. Dacy stated that Wallboard, Inc. supplies building materials to
general contractors, drywall contractors, and the general public
They are proposing to coi�struct a 30,000 square Toot building at a
cost of approximately $1,O50,D00. They currently employ 27
persons They anticipate this number to rise to 32-34 in one year
and to 40-45 in five years Since 1984, the company has tripled �n
size, and their sales volume is $8,000,000
Ms. Dacy stated that at their June 13 meeting, the HRA directed
staff to add this to the redevelopment area and to negotiate a
development contract for an $85,000 loan to be repaid at five-
percent over a ten-year period with a personal guarantee from the
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FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 15
owner. Unfortunately, the owner had another commitment and had to
leave the meeting.
No persons in the audience spoke regarding the addition of this
parcel to Redevelopment Pro�ect Area No. l.
MOTION by Councilwoman Bolkcom to close the public hearing.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 10:10 p.m.
At this time, the City Manager, Mr. Burns returned to the Council
meeting. He stated the school board, with great enthusiasm,
approved the agreement for �oint use of the Hayes Elementary School
gymnasium. They will be sending a letter indicating that the
language does not apply to false situations and are not insisting
it be part of the agreement.
NEW BUSINESS•
19. SPECIAL USE PERMIT, SP #96-13, BY SAMIR AWAIJANE, TO ALLOW A
REPAIR GARAGE AND TO ALLOW AUTOMOBILE AGEIQCIES SELLING OR
DISPLAYING NEW AND/OR USED VEHICLES ON PROPERTY GENERALLY
LOCATED AT 970 OSBORNE ROAD N.E. (WARD 2):
Mr. Hickok, Planning Coordinator, stated that this is a request for
a special use permit for agencies selling or displaying new and/or
used motor vehicles and for a repair garage. The property is
approximately 24,000 square feet, and this request is consistent
with the general business zoning. Staff reviewed the request for a
2,800 square foot building for auto repair and recommends approval
with 19 stipulations The Planning Commission also concurs. One
provision dealt with the cariance to the setback Hoo✓ever, the
petitioner has agreed to move the building, and the variance is not
needed.
Councilman Schneider clarified that a variance was no longer needed
since the building will only be used for mechanical repair.
Mr. Hickok stated that there would be muFfler repair and minor auto
repairs but no body work
Councilwoman Bolkcom questioned how no test driving of cars in the
ad�acent residential neighborhoods would be enforced.
Mr H�ckok stated that this should be made clear to the customers
If the petitioner does not adhere to the stipulations, the special
use permit could be revoked for non-compliance
Ms. Dacy stated that if staff receives any complaints, it would be
the basis for a revocation hearing.
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FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 16
MOTION by Councilman Schneider to concur with the recommendation of
staff and the Planning Commission and grant Special Use Permit,
SP #96-13, according to the site plan dated July 7, 1996, with the
following stipulations: (1) a final grading and drainage plan and
calculations sha11 be submitted prior to issuance of the building
permit. The petitioner shall comply with all stipulations recom-
mended by the City engineering staff upon review of the final
grading and drainage plans, (2) the petitioner shall apply for and
receive the appropriate permits from AnoYa County for work in the
road right-of-way; (3) all signs shall comply with the city Sign
Code; (4) all vehicles shall be entirely parked on a surface of
asphalt or concrete, which shall be lined with concrete curb; (5)
all lighting shall be downcast and shielded against horizontal
glare; (6) the landscape plan shall be reviewed and approved by the
City planning staff prior to issuance of a building permit; (7) the
site plan shall be modified so that the southwest corner of the
building meets the 25 foot setback; (8) a performance bond of 3� of
the construction value of the pro�ect shall be submitted prior to
issuance of a building permit, (9) the petitioner shall execute and
record a storm water maintenance agreement for the property; (10)
the petitioner shall grant the City a 30 foot drainage and utility
easement along the south property line; (ll) no vehicles shall be
parked in locations on site, other than parking stalls that have
been striped and meet the code-required minimum standards for
parking stalls; (12) repair activity beyond the scope of this
application shall constitute the necessity for an additional
special use permit: (13) the use shall not provide for the outdoor
operation of lubrication equipment, hydraulic lifts or service
pits; or the outdoor display of inerchandise; (14) the property
shall not be used as a place of storage or depository of wrecked,
abandoned or �unked motor vehicles; (15) all vehicles associated
with this use must be parked on site. Automobiles being serviced
may be parked for a maximtun period of 48 hours at any one time;
(16) the use of streamers, pennants, and flags is prohibited, (17)
the petitioner shall comply with the temporary sign ordinance for
all temporary signs on the property; (18) the petitioner shall
apply for and receive the appropriate City car sales license; and
(19) there shall be no test driving of cars in the ad�acent
residential neighborhoods Seconded by Councilwoman Bolkcom Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
20 ESTI�BLISH PUBLIC HEARING FOR AUGUST 26,1996, FOR REVOCATION OL'
SPECIAL USE PERMIT, SP 95-05, TO HOME DEPOT, GENERALLY
LOCATED AT 5650 MAIN STREET N E. (WARD 3)
Mr. Hickok, Planning Coordinator, stated
meeting staff was directed to take a
� compliance with Home Depot's special
recommending August 26 as the public
revocation of the special use permit for
Depot.
that at the July 8 Council
stern approach to assure
use permit. Staff is
hearing date to consider
the qarden center at Home
� FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 17
MOTION by Councilwoman Bolkcom to set the public hearing date of
August 26, 1996 to consider revocation of Special Use Permit,
SP #95-05, for Home Depot. Seconded by Councilman Schneider. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously
21. APPROVE HOUSING ACTION PLAN FOR THE CITY OF FRIDLEY:
Ms. Dacy, Community Development Director, stated that the purpose
of the Livable Communities Act is to encourage affordable housing
opportunities in the metropolitan area The Metropolitan Council
has also established financial incentives for housing and
redevelopment programs for communities who participate in the
program.
Ms. Dacy stated that the purpose of the Housing Plan is to show how
the City intends to maintain its benchmarks, as agreed to by the
Council when they adopted a resolution to participate in 1995.
These benchmarks are affordabilit_y, life-cycle housing, and
density. This Plan reviews the demographic data, existing
programs, housing opportunities, and identifies specific ob�ectives
the City should pursue in order to maintain the benchmarks. The
Plan has been reviewed and recommended for approval by the Human
Resources Commission, the Planning Commission, and the HRA. The
� Planning Commission, however, was not in agreement with providing
additional three to four bedroom non-affordable units
Ms. Dacy stated that the ob�ectives in th� P1an are not mandates,
the Metropolitan Council merely comments or. the Plan. The plan
summarizes twelve ob�ectives for further consideration by the City.
In summary, the thrust of the information is that the City should
maintain a balance of affordable housing and increase non-
affordable ownership and rental units in excess of $115,000 and
$500 in rent per month. The City needs to look at continued
rehabilitation efforts and continue construction programs.
MOTION by Councilwoman Jorgenson to approve the Housing Action Plan
and direct staff to forward it to the Metropolrtan Council.
Seconded by Councilman Schneider
Councilwoman Bolkcom asked if the Metropolitan Council could make
the City accomplish what is in the plan_
Ms Dacy stated that this Plan is only for the Metropolitan
Council's comments, but they do have input on the Housing Chapter
of the City's Comprehensive Plan.
Councilman Schneider stated that this Plan was mandated, but he
questioned if it was beneficial for stafi.
Ms. Dacy stated that this information is very valuable for staff.
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FRIDLEY CITY COUNCIL MEETING OF JULF 22, 1996
PAGE 18
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTIQN, a11 voted aye, and
Mayor Nee declared the motion carried unanimously.
22. INFORMAL STATUS REPORTS'
Mr. Burns, City Manager stated that there were two items to be
discussed after this regular meeting. One item is the proposed
development on the property south of Wal-Mart, and the other item
is budget revenue and expenditure ad�ustments.
ADJOURNMENT.
MOTION by Councilwoman Sorgenson to ad�ourn the meeting. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously and the Regular Meeting
of the Fridley City Council of July 22, 1996 ad�ourned at
10:36 p.m
Respectfully submitted,
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� � ' �t�.�
- '-^' vi� "-TZ�
Carole Haddad
Secretary to the City Council
�^ n J . �
���ayor