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11/25/1996 - 00002262� THE MINUTES OF THE REGULF�k2 MEETING OF THE FRIDLEY CITY COUNCIL OF The Regular Meeting of the Fridley City Council was called to order at 7:35 p.m, by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee 1ed the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT PRESENTATION: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Council- woman Bolkcom None NATIONAL NIGHT OUT AWARD: Mr. Dave Sallman, Public Safety Director, presented the National Night Out Award to Council. This was a second place award in the � City's population category. Mr. Sallman introduced members of the Crime Watch Advisory Board and commented that the award says a lot for the Neighborhood Crime Watch Program, as the award is given on participation. Mr. Sallman thanked a11 City departments for assisting with the National Night Out Program, especially the Fire Department, Julie Swanson, the Crime Watch Coordinator, and Brian Strand, Video Specialist, who assembled the videotape for the �udging. He appreciated Council's support on letting residents know the importance of this program. Mayor Nee stated that this award is a great credit to the Police Department. He extended his congratulations to all who partici- pated in the program and to the members of the Advisory Board. APPROVAL pF MINUTES: COUNCIL MEETING, NOVEMBER 4. 1996: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee decl�red the motion carried unanimously. � � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 SPECIAL COUNCIL MEETING, NOVEMBER 12, 1996: PAGE 2 MOTION by Councilwoman Bolkcom to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. APPROVAI, OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1 2 ORDINANCE NO. 1081 ADOPTING FAIR HOUSING PRACTICES. Mr. Surns, City Manager, stated that this ordinance is required by the settlement agreement with the Sylvan Oaks Tenants Association. The ordinance incorporates, by reference, the standards of both the Federal Fair Housing Act and the Minnesota Human Rights Act. Mr. Burns said that in summary these references stated that it is unlawful to refuse to sell, rent, or lease housing to any person or group of people because of their race, color, creed, religion, national origin, sex, marital status, status with respect to public assistance, disability, sexual orientation or familial status. The ordinance has been reviewed and approved by the HRA and Human Resources Commission Mr. Burns stated that Council conducted a public hearing on this ordinance on October 28 with no one speaking in opposition. Staff recommends the second reading and Council's approval of the ordinance. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1081 ON THE SECOND READING AND ORDERED PUBLICATION. ORDINANCE N0. 1082 CONSIDERING AN AMENDMENT TO THE CITY CODE, CHAPTER 205, ENTITLED "ZONSNG," BY ADDING SECTIONS 205.05.02, "APPLICATION PROCESSES," AMENDING SECTIONS 205.05.03, AND 2D5.05.04, ADDING SECTION 205.05.07, "VACATIONS," AND RENiJr4BERING CONSECUTIVE SECTIONS WHERE APPROPRIATE• AND ORDINANCE NO. 1083 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 211, ENTITLED "SUBDIVISION," BY AMENDING SECTION 2ll.04.01, DELETTNG SECTION 211.04.01.0 AND F, AND AMENDING SECTION 211.04.02 AND RENUMBERING CONSECUTIVE SECTIONS: Mr. Burns, City Manager, stated that these amendments are in � response to Council`s request that staff complete changes needed to comply with 1995 State legislation establishing time limits for consideration of land use act�ons. Th�s legislation requires that cities act within sixty days on all ' � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 PAGE 3 land use applications. The changes being proposed apply to zoning and subdivision codes. Staff is proposing separate changes to the City Charter. Mr. Burns stated that, in summary, public hearings for various land use actions will be set administratively rather than at a separate Council meeting. Hearing notices will contain Planning Commission and City Council hearing dates. Council action on these requests will be scheduled at the same �eeting as the public hearing. Where further discussion is needed, the action may be carried over if there remains adequate time within the sixty-day process limit, or the applicant has aqreed to extend consideration beyond the sixty-day limit. Mr. Burns stated that the ordinance also provides a means for recovery of City costs for revocation of special use permits. The changes were reviewed and approved by the Planning Commission with a public hearing before Council. There were no negative comments. WAIVED THE READINGS AND ADOPTED ORDINANCES NO. 1082 AND 1083 ON THE 5ECOND READINGS AND ORDERED PUBLICATION. NEW BUSINESS: 3 4 FIRST READING OF AN ORDINANCE RECODIFYILdG THE FRIDLEY CITY CODE, CHAPTER 205 ENTITLED "ZONING," SY AMENDING SECTIONS 205.16.01.0 BY ADOPTING NEW SECTION 205 16.O1.0 (5) TO ALLOW PROFE5SIONAI, JEWELRY SERVICES WITH A SPECIAL USE PERMIT (ZONING TEXT AMENDMENT #96-03 BY P.OLAND STINSKI); Mr. Burns, City Manager, stated that this request is by Roland Stinski. A public hearing was held before Council with no adverse comments_ The ordinance is recommended with three stipulations: (1) retail sales may not exceed more than 25 percent of the space that is devoted to �ewelry use; (2) no exterior signage is permitted; and (3) there shall be no separate exterior entrance for retail sales. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. FIRST READING OF AN ORDINANCE AMENDING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING," BY AMENDING SECTIONS C (/), L05.09.05.C, 2DS.14 Ol.A (14), AND C TO PROVIDE DEFINITIONS AND PARKING STANDARDS FOR Mr. Burns, City Manager, stated that this request is by Noah's Ark, a developer of senior residences, who wishes to construct � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 PAGE 4 5 � a senior high rise on property located at the intersection of 83rd Avenue and West University Avenue Service Drive. The petitioner requests that Council make a distinction between senior apartment buildings and general purpose apartment buildings. Mr Burns stated that currently, the Crty`s ordznances, which apply to all multi-family buildings, require 1.5 parking spaces for one bedroom units and .5 parking space for each additional bedroom. The petitioner is requesting that the requirement be reduced to 1.0 parking spaces per unit, with fifty percent of those spaces being enclosed for multiple family residences that are dedicated to senior living. Staff is also suggesting that the parking ratio be reduced for convalescent homes to one space for every four beds and three spaces for every four employees on a shift. Mr. Burns stated that Council conducted the public hearing on October 28, with no adverse comments. Staff recommends approval of the first reading. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING RECE NE THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 6, 1996: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 6, 1996. RESOLUTION N0. 112-1996 APPROVING A WETLAND REPLACEMENT PLAN UNIVERSITY AVENLTES (WARD 3 Mr. Burns, City Manager, stated that the petitioners are constructing a 108 unit senior high rise on 3.2 acres of land located along the West University Avenue 5ervice Drive at 83rd Avenue. They wish to fill .17 acres of Type 5 wetland. Mitigation is to be provided by expanding the existing wetland along 83rd Avenue near the south side of the proposed building. Some Type 5 wetland area will be converted to a Type 6 wetland, and the proposed retention pond is also considered an eligible mrtigation area. Total mitigation is .34 acres or twice the area of the site being filled. Mr. Burns stated that this proposal has been reviewed and approved by the City`s wetland consultant, Peterson Environmental. � ADOPTED RESOLUTION NO. 112-1996. � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 PAGE 5 7. VARIANCE REQUEST, VAR #96-24, BY NOAH'S ARK, TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 15 FEET TO ALLOW THE CONSTRUCTION OF AN 108 UNIT INDEPENDENT LIVING APARTMENT BUILDING FOR SENIORS, GENERALLY LOCATED AT 83RD AND UNIVERSITY AVENUES (WARD 3): Mr. Burns, City Manager, stated that this variance is needed to accommodate wetland mitigation and storm water retention. The proposed rear yard abuts the rear yard of the Wal-Mart property, and the variance will not create an adverse visual impact or a negative impact on green space. Mr. Burns stated that the Appeals Commission unanimously approved this variance request. The request is also within previously granted variances. GRANTED VARIANCE REQUEST, VAR #96-24, TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 15 FEET. 8. APPROVE WAIVER OF TEMPORARY SIGN PERMIT FEES FOR THETA CHI ALUMNI FOR CHRISTMAS TREE SALES AT HOLIDAY PLUS, 250 57TH AVENUE N.W. (WARD 3): Mr. Burns, City Manager, stated that this request is from Carl ' Peterson of Theta Chi, an organization that raises money to operate their fraternity house at the University of Minnesota and also for other community service pro�ects Staff recommends the temporary sign permit fee of $80 be waived but requires a$200 deposit to insure the removal of signs in a timely fashion. 9 � APPROVED WAIVER OF THE TEMPORAF2Y SIGN PERMIT FEES FOR THETA CHI ALUMNI FOR CHRISTMAS TREE SALES, BUT REQUIRE A$200 DEPOSIT TO INSURE THE REMOVAL OF SIGN5 IN A TIMELY FASHION. AWARD CONTRACT FOR INFILTRATION AND IN-FLOW STUDY: Mr. Burns, City Manager, stated that Request for Proposals were sent out in September, and four responses were received. Staff interviewed three firms and recommended that Bonestroo, Rosene and Anderlik (BRA) be hired for this study at a cost of $44,500. Mr. Burns said that the study would consist of three phases; investigation of ground water clean-up pro�ects at several different locations, examination of MCES meters, and identification of areas where an intra-city I& I study may explain inflow or infiltration not accounted for by Phases 1 and 2. A supplemental appropriation for 1996 will be neecled to cover this cost. , � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 PAGE 6 10 11. AWARDED CONTRACT FOR THE INFILTRATION AND IN-FLOW STUDY TO BONESTROO, ROSENE, AND ANDERLIK AT A COST NOT TO EXCEED $44,500. RECEIVE BIDS AND AWARD CONTRACT FOR DESIGN OF WELL HOUSE NO. 1, PROJECT N0. 298: Mr. Burns, City Manager, stated that the 1996 budget includes $30,000 for preparation of plans and specifications for upgrading Well House No. 1. The upgrade is needed to meet requirements for chlorine and chemical feed. The on-off mode pumps will be replaced with variable speed booster pumps. Mr. Burns stated that bids were solicited from four firms, and the following blds were received: Bidder SEH BRA MSA TKDA Design $24,300 $25,500 $26, 595 $56, 000 Inspection $6,000-$8,000 $15,289 $17, 883 $22,500 Total $32,300 $40,789 $44,478 $78,500 Mr. Burns stated SEH was the low bidder at $24,300. SEH is also estimating that construction supervision and inspection will cost an additional $6,000 to $8,000. Staff recommends that the contract be awarded to SEH for preparation of plans and specifications in the amount of $24,300. RECEIVED THE BIDS AND AWAFtDED THE CONTRACT FOR THE DESIGN OF WELL HOUSE NO. 1, PROJECT NO. 298, TO THE LOW BIDDER, SEH IN THE AMOUNT OF $24,300. RESOLUTION N0. 113-1996 ELIMINATING TRUCK TRAFFIC ON MUNICIPAL STATE AID STREET ROUTE 326 (THIRD STREET) (WARD 3); Mr. Burns, City Manager, stated that this legislation is in response to requests from residents who live south oP I-694 and west of Universrty Avenue. It is proposed to designate truck routes on 49th, 53rd, 57th and 61st Avenues between University Avenue and Main Street. Local streets will then be posted with "No Thru Truck Traffic" signs. Approval by the State Commissioner of Transportation is needed to eliminate truck traffic on Third Street, as it is a Municipal State Aid Street. ADOPTED RESOLUTION NO. 113-1996. � L _J � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 PAGE 7 12 13 14 RESOLUTION NO. 114-1996 APPROVING THE AMENDED JOINT COOPERATIVE AGREEMENT OF THE SUBURBAN RATE AUTHORITY: Mr. Burns, City Manager, stated that this request allows Suburban Rate Authority's by-laws to be amended to allow temporary memberships. The purpose of temporary memberships is to allow cities who are not full members to participate with the SRA on matters related to the use of public rights- of-way by various utilities and other 5pecial matters that arise periodically. ADOPTED RESOLUTION NO. 114-1996. RESOLUTION N0.115-1996 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND AND THE CAPZTAL IMPROVEMENT FUND FOR THE THIRD QUARTER OF 1996: Mr. Burns, City Manager, stated that these ad�ustmenzs have arisen as a result of donations, unforeseen expenditures and reclassification of account codings. The revenue ad�ustments are for $10,915, the expenditure ad�ustments are for $12,479, and the Capital Improvements Fund ad�ustments are for $21,500. ADOPTED RESOLUTION NO. 115-1996. RESOLUTION N0. 116-1996 PROVIDING FOR WATER RATE CHANGE; Mr. Burns, City Manager, stated that a water rate increase is proposed. For those who use less than 5 million gallons a quarter, the rate would increase from $.90 per 1,000 gallons to $1.00 per 1,000 gallons, or by 11 percent. For those who use more than 5 million gallons a quarter, the rate would increase from $.95 per 1,000 gallons to $1.05 per 1,000 gallons_ Mr. Burns stated that this increase is needed to generate a positive net operating income for our water utility. A ma�or factor contrzbuting to the increase is construction of new filter for Well No. 12. The new rate will include a senior citizen rate for seniors living in single family homes or duplexes whose income is less than the low income level defined by HUD Mr. Burns stated that the rate increases for Fridley are well below the average monthly water rates in other metropolitan cities. The new rates will be effective on the January, 1997 billing. ADOPTED RESOLUTION NO. 116-1996. � � � FftIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 PAGE B 15. APPROVE DISPOSITION OF TAX FORFEIT PROPERTIES LOCATED IN THE CITY OF FRIDLEY: Mr. Burns, City Manaqer, stated that there are two tax forfeit properties located in the City for which the County has asked if there is a municipal need for either of these properties. One property abuts Locke Lake, and the other property fronts on Janesville Street. Neither property is buildable, and staff recommended that the County sell these properties to ad�oining property owners. APPROVED DISPOSITION OF TAX FORFEIT PROPERTIES FOR THE COUNTY TO SELL THESE PROPERTIES TO ADJOINING PROPERTY OWNERS. 16. RESOLUTION APPROVING AND AUTHORIZING SIGNING AN AGREEMENT ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS OF POLICE OFFICERS OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR THE YEARS 1996 AND 1997: 17 18 Mr. Burns, City Manager, stated that staff is requesting the removal of this item from the agenda. APPROVE GIS JOINT POWERS AGREEMENT BETWEEN THE CITIES OF FRIDLEY, COLUMBIA HEIGHTS AND ANDOVER. Mr. Burns, Crty Manger, stated that staff is proposing to establish a�oint GIS Range Rider program with the cities of Columbia Heights and Andover. The proposed �oint powers agreement would result in the hiring of a consultant who would work_ with the three cities in four service areas: data maintenance; maintenance of a base map; development of custom applications; and training. Each of the three cities should get seventeen weeks of the consultant's time. Mr. Burns stated that the agreement would be for a one-year period and may be renewed if the effort is successful. Funding for Fridley's portion of the consulting services is budgeted in the form of salary and fringe benefits in the amount of $36,653 for a GIS Technician. The City would save money wrth a �oint GIS Range Rider program since the cost of $40,000 would be split between the three cities. APPROVED A GIS JOINT POWERS AGREEMENT WITH THE CITIES OF COLUMBIA HEIGHTS AND ANDOVER. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 70968 THROUGH 71421. � � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 PAGE 9 19. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. 20. ESTIMATES: APPROVED THE ESTIMATES, AS FOLLOWS: Schield Construction Company 13604 Ferris Avenue Apple Va11ey, MN 55124 Stonybrook Creek Bank Stabilization Pro�ect No. 246 FINAL ESTIMATE . . . . . . . . . Landmark Concrete, Inc. 17630 Highway 65 Ham Lake, MN 55304 1996 Removal & Replacement of Miscellaneous Concrete Curb & Gutter Pro�ect No 294 FINAL ESTIMATE . . . . . . . . . . . Richmar Construction, Inc. 7776 Alden Way N.E. Fridley, MN 55432 Water Treatment P1ant No. 3 Pro�ect No. 293 Estimate No. 3 . . . . . . Thomas & Sons Construction, Inc. 13925 Northdale Blvd. Rogers, MN 55374 1996 Street Improvement Pro�ect No. ST. 1996-1 & 2 Estimate No. 4 . . . . . . . . Frederick W. Knaak, Esq. Holstad and Larson, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of October, 1996 .. $ 27,434.77 $ S, 690.11 $139,193.24 $110,138.73 $ 5,112.50 � � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 PAGE 10 No persons in the audience spoke regarding these consent agenda items. MOTION by Councilwoman Jorgenson to approve the consent agenda items, with the exception of Item 16, Seconded by Councllwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee 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 vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: PETITION FOR A STOP SIGN AT BROOKVIEW DRIVE AND RICE CREEK TERRACE: Mr. Nathan Shaw, 925 68th Avenue, submitted a petition for a stop sign at Brookview Drive and Rice Creek Terrace. Persons driving north on Brookview Drive have to make a complete stop before entering onto Highway 65. Those persons driving east on Rice Creek Terrace do not have to stop even though they cross in front of tra�fic. He wanted the yield sign to be replaced with a stop sign. Mr Flora, Public Works Director, stated that the reason for the yield sign at that intersection is to provide a safer crossing. Northbound traffic on Brookview Drive has clear visibility for all the traffic, and the Highway 65 trafflc has a direct movement onto Brookview Drive. Persons travel�ng east on Rice Creek Terrace have to yield to those vehicles coming off Highway 65. Mr. Flora stated that if the traffic from F.ice Creek Terrace stopped, they would not have good visibility for those vehicles coming off Highway 65. The yield sign provides for checking the intersection before proceeding. As far as control, if there was a stop sign, there is the question of who is in error if there is an accident at this intersection. Councilman Billings asked if the City would have any greater liability if there was a stop sign for the Rice Creek Terrace traffic. Mr. Flora stated that there may not be a greater liability for the City, but there would be for the driver. Councilman Billings felt that drivers pay less attention to a yield sign, and residents want a stop sign before there is an accident. Mr. F1ora stated that the yield sign establishes liability at the intersection Drivers from Rice Creek Terrace would be looking � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 PAGE 11 south, and The driver visibility. vehicles would be coming off Highway 65 from the north. coming down Rice Creek Terrace does not have good Mr. Dan Couillard, 914 68th Avenue, stated that if you are driving south on Highway 65, exit at this intersection and make a right turn, those at the yield sign coming from Rice Creek Terrace believe you are making a right turn when, in essence, you have to then make a left turn to go down Brookview Drive Mr. Shaw stated that when 68th Avenue was widened the 30 mph speed limit signs were removed. He requested that those stop signs be replaced. It was the consensus of the Council that the speed limit signs should be installed, and the yield sign at Rice Creek Terrace be changed to a stop sign. MOTION by Councilman Billings to receive Petition No. 11-1996 for a stop sign at Rice Creek Terrace and Brookview Drive. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARINGS: 21. PUBLIC HEARING ON LOCAL LAW ENFORCEMENT BLOCK GRANT IN THE AMOUNT OF $18,506: MOTION by Councilman 5chneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:15 p.m. Ms. Rosie Griep, Special Pro�ects Coordinator, stated that in September, the Crty was notified by the Office of Justice Assistance that they would provide a local law enforcement block grant in the amount of $18,506. This award required the establishment of an advisory board who, in turn, made non-binding recommendations on how the funds would be allocated. The board met November 20 and recommended that the funds be used for officer overtime to be directed at crime control and curfew enforcement. Ms. Griep stated that a public hearing is required to uphold and support the recommendations of the board on the use of these funds. No persons in the audience spoke regarding the allocation of this local law enforcement block grant. � MOTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Sorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:16 p.m. � 22 CITY COUNCIL MEETING OF NOVEMBER 25, 1996 PAGE 12 PUBLIC HEARING ON AN ORDINPNCE AMENDING SECTION 2.06.01 OF THE FRIDLEY CITY CHAFtTER• MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Champa, City Clerk, stated that this item was before Council earlier this year, and there was a first reading of an ordinance to amend this section of the City Charter covering vacancies on the Council. However, the first reading of the ordinance failed. Mr. Champa stated that the Charter Commission has reviewed Council's comments regarding amendments to this section and has re- submitted the proposed amendment with two changes. The new amendment to Section 2.06.01 removes the words "without good cause" and "any of" from this section. Some Councilmembers interpreted "any of" as only one of Council's duties, and some interpreted rt as all of Council's duties. Council's duties are not defined in the Charter and may be addressed at a later date. Councilman Schneider stated that the proposed new amendment is an � improvement. However, he is still uncomfortable with the language, as it is very ambiguous. One of his suggestions was a due process provision included in the Charter. This section states that Council shall, within thirty days declare a vacancy. This raises the question of what constitutes a vacancy. He asked, for example, would rt constitute failure of a Councilmember to perform his duties if there is a Councilmember that is significantly ill or incapacrtated� In the absence of a list of duties, some due process should be established as to how to define the lack of performance. Councilman Billings stated that he voted in favor of the change that the Charter Commission suggested several months ago and he would be willing to support this new amendment. What the Charter Commission is attempting to accomplish is to clean-up the language without a ma�or re-write of the Charter. Councilwoman Bolkcom stated that it would be hard to list a11 the reasons why a vacancy may be declared. Mayor Nee stated that he is very concerned with this amendment. He does not know how to define sufficient performance. The Charter now states the performance standards required of the Mayor. The standards are not listed for a Councilmember. � Ms. Carol Hoiby, member of the Charter Commission, stated that when reasons are listed, there will be some that are missed, and she did not know where the line should be drawn. � � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 PAGE 13 Councilman Schneider felt that the wording "wrthout good cause" is a safety valve. If this wording is removed, and there are not reasons listed, it is open to mischievous games. Councilwoman Solkcom stated that the bottom line is to have each resident represented. If a Councilmember is gone for several months or incapacitated, his ward is not being represented. Councilman Schneider stated that unless there are significant changes, he would not support thzs amendment. MOTION by Councilwoman Bolkcom to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearinq closed at 8:30 p.m. OLD BUSINESS: 23. ORDINANCE N0. 1084 REPEALING CHAPTER 12 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER 12, ENTITLED "TOBACCO PRODUCTS," AND AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE, ENTITLED "GENERAL PROVISIONS AND FEES" (TABLED n....�r+mm�n n � nnr_ � . Mayor Nee removed this item from the table. Mr. Gary Lenzmeier, of the Police Department, stated that at Council's direction some research was done on this proposed ordinance, and language was added. The first change was the addition of an item regarding training. It would be mandatory for retailers to train their clerks concerning underage purchasing of tobacco products, and also that the vendors certify at each license period that their clerks have been trained. This language was incorporated from the Hopkins City ordinance. Mr. Lenzmeier stated that another change is regarding the hearing procedure. The ordinance provides for a hearing examiner as the first step in any type of hearing for those who violate the selling of tobacco products. Language was incorporated from the nuisance abatement ordinance and included in this ordinance. If the licensee is not satisfied with the results of the hearing examiner, he/she can appeal to Council. Language was also changed to a11ow a twenty day time period to apply for a hearing. Mr. Lenzmeier stated that there was concern about compliance checks. The original language indicated that in order to conduct a compliance check, a person had to be a member of the Police Department, the vendor, or done in con�unction with the Police Department. The State Statute language was considered, but Council felt that if a group wanted to do compliance checks in Fridley then the Fridley Police Department should be made aware of it prior to the compl1ance checks. Therefore, the original language from the � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 PAGE 19 first reading was used but changed to requlre anyone other than the vendors or the Fridley Police Department wishing to do a compliance check must have pre approval from the Police Department. Mr. Lenzmeier stated that language was also changed regarding the payment of a fine. This period is extended from seven days to twenty days to correspond with language in the hearing examiner section. MOTION by Councilman Schneider to waive the reading and adopt Ordinance No. 1D84 on the second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 24. VARIANCE REQUEST, VAR #96-24, BY KIM J. MILLER OF MILLER FUNERAL HOME, TO REDUCE THE REAR YARD SETBACK FROM 40 FEET TO 33 FEET TO AI�TOW CONSTRiJCTION OF A 22.7 FOnT BY 60 FOOT SETBACK ON A CORNER LOT FROM✓ 80 FEET TO 37 FEET TO AI,LOW THE CONSTRUCTION OF A 30.5 FOOT BY 66 FOOT ADDITION TO AN EXISTING FUNERAL HOME, GENERALLY LOCATED AT 6210 HIGHWAY 65 N.E. (TABLED NOVEMBER 4, 1996) (WARD 2): Mayor Nee removed this rtem from the table � Ms. Dacy, Community Development Director, stated that at the November 4 meeting, Council gave specific direction to table this item to November 25. The petitioner has advised that, due to a number of deaths, he has not had time to contact residents in the area. The petitioner was advised that there was another Council meeting December 16 so that the time limit could be met The petrtioner volunteered to complete the survey this past weeYend, but the results would have had to be presented at tonight's meeting. She did not feel this was fair to Council. Councilman Schneider stated that his only concern is, if on December 16 there are any questions that have not been addressed, he would move to deny it. Ms. Dacy stated that it has been made clear to the petitioner that December 16 was the date Council would make a decision. MOTION by Councilman Schneider to table this item to the December 16 Council meeting. Seconded by Councilwoman Bolkcom. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 PAGE 15 NEW BUSINESS: 25. FIRST READING OF AN INTERIM ORDINANCE DECLAAING A MORATORIUM ON THE CONSTRUCTION OF TELECOMMUnIICATI0N5 FACILITIES: Ms. Dacy, Community Development Director, stated that the City has received several applications for antenna towers and anticipates more in the future because of the rapid advancement of this communication type of service. There are four sites in the community that received approval; two for cellular and two for personal communication services. Ms. Dacy stated that additional providers are expected to be licensed in the near future. There wi11 be requests for these facilities in the City and metropolitan area. Ms. Dacy stated that staff is recommending a proposed ordinance that establishes a 180 day moratorium on the construction, placement, or expansion of towers in the City. The moratorium is recommended to: (1) complete a study of the possible impact of the towers on the public health, safety, and welfare including location, height, lot size, construction standards and visual impacts; (2) identify optimal locations for the towers including municipal facilities and to possibly require co-location of � antennas on specific sites; and (3) draft amendments to the City's ordinance to adequately address issues pertaining to towers as recommended in the study. Ms. Dacy stated that other metropolitan area �urisdictions are adopting a similar approach so that proper planning processes can occur. Staff is proposing a 180 day moratorium and will draft RFPs to consultants to complete the study. She hopes to complete the process quicker than the 180 days. However, to allow for proper time, it is felt the 180 days is needed rather than the 120 days listed in the prr�posed ordinance. Ms. Dacy stated that she has been receiving telephone calls from petitioners and would anticipate they may want to speak about this ordinance at the next meeting. Staff and the City Attorney feel this is the best approach. MOTION by Councilwoman Bolkcom to waive the reading and approve the ordinance on first reading, with the change from 120 days to 180 days on Pages 2 and 3 of the ordinance Seconded by Councilman Schneider. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. 26. RESOLUTION N0. 117-1996 SUPPORTING A SIDEWALK ON THE WEST SIDE OF EAST RIVER ROAD (WARD 3): ' Mr. Flora, Public Works Director, stated that there was a neighborhood meeting held on October 30 on the issue of a sidewalk on the west side of East River Road. Residents and tenants were � ERIDLEY CITY COUNCIL MEETING OF NOVEMBER 25, 1996 PAGE 16 advised when Council would make a decision, and they haue been notified of this meeting. He received comments both pro and con for this sidewalk. Mr. Flora stated that two letters were received in support of the sidewalk from Dianne Haldorson, 514 Dover Street and Arthur Ohotto, 542 Ely Street. MOTION by Councilwoman Bolkcom to receive these letters from Dianne Haldorson and Arthur Ohotto. Seconded by Councilwoman Jorgenson. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. Mr. Morphew, representing his mother, Myrtle Morphew, 7948 East River Road, stated that he is opposed to the sidewalk because it would be placed very close to his mother's residence. His mother feared for her privacy and security because people would be able to look into the windows. Mr. Morphew stated that the impact on his mother and her property outweighs the recreational improvement in the area. There is already a negative impact by the expansion of East River Road. A sidewalk that close would further erode the value of her property. Mr. Morphew stated that at the October 30 meeting, a straw vote was overwhelmingly opposed to the sidewalk. � Councilwoman Bolkcom stated that there was a straw vote for actual persons living on East River Road versus those that were impacted by not having a sidewalk. She believed Mr. Morphew's mother's property is already impacted, and she is aware that the owner has lived there a long time. Councilwoman Bolkcom stated that the City has received a letter in support of the sidewalk from the Metropolitan Transit Authority. Ms. Sue Painter, 541 Dover Street, stated that she attended the Anoka County meeting regarding this sidewalk. She was never informed of the October 30 neighborhood meeting. She lives on a dead-end street and walks everyday. She definitely would be in favor of the sidewalk. She asked if there is right-of-way where a person can walk along the boulevard if a sidewalk is not installed. Mr. Flora stated that the County has a right-of-way between the curb and property line and allows people to walk within the right- of-way. With the County taking additional right-of-way, the sidewalk is a lot closer to the homes. Mr. Dave Ruschy, 584 Janesville Street, stated that he was in favor of the sidewalk. His wife rides the bus. When the road is finished there will be less places for the bus to stop. A sidewalk � on the west would provide a safe place to walk. Mr. Dave Shirk, 531 Dover Street, stated that he was in favor of the sidewalk. Cars travel up to 60 mph on East River Road, and he � � � FRIDLEY CITY COUNCIL MEETING OE NOVEMBER 25, 1996 PAGE 17 felt the sidewalk would provide protection for his children waiting for the school bus, as well as a safe place to walk. Councilwoman Jorgenson stated that she received eight telephone calls in support of the sidewalk. MOTION by Councilwoman Bolkcom to adopt Resolution i3o. 11�-1996. Seconded by Councilwoman Jorgenson. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. 27. INFOFtMAi� STATUS REPORTS: Councilwoman Bolkcom announced that there would be a meeting at City Hall on December 2 regarding a business occupying the location which was once Steak Express. Mr. Burns, Crty Manager, stated that there is one item for discussion during the conference session, which is the Mississippi River Flood Plain Study. Councilwoman Bolkcom stated that she would request a few minutes to discuss the recycling center. 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 November 25, 1996 ad�ourned at 9:02 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council William J. Nee Ma yo r