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07/27/1998 - 00000246THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 27, 1998 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Councilmembrt Barnette, Councilmember Billings, and Councilmember Bolkcom MENIBERS ABSENT: Councilmember Schneider PRESENTATION: Ms. Liz Chevalier, Crime Prevention Specialist, and David Sallman, Public Safety Director, were present to distribute appreciation awards for the sponsors/contributors of the Fridley 1998 Safety Camp. All contributors/sponsors were publicly recognized for their contributions. The City Council and staff took the opportunity to sincerely thank them for the supplies and money provided which assisted in making Safety Camp a success. The following Fridley businesses were recognized: Wal-Mart, McDonald's, NSP, Unity/Nlercy Hospitals, Kiwanas, SuperAmerica, Burlington-Northern, Bob's Produce, VFW #363, Target Stores, Frito Lay, Hardee's, Fridley Moose Lodge, Perkin's, Old Country Buffet, Ron's Ice and the Fridley Lions. A brief video was shown on some of the activities that are a part of Safety Camp. Mayor Jorgenson took this opportunity to thank all participating sponsors noting that their contributions assisted in educating the young residents of the community on a wide variety of safety concerns. APPROVAL OF MINUTES: SPECIAL CITY COLTNCIL MEETING - JULY 6, 1998: MOTION by Councilmember Bolkcom to approve the minutes of the July 6, 1998 Special City Council Meeting as presented in writing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, all members voting aye, Mayor Jorgenson declared the motion carried unanimously. CITY COUNCIL MEETING OF JULY 27, 1998 PAGE 2 COUNCIL MEETING - Julv 13, 1998: MOTION by Councilmember Barnette to approve the minutes of the July 13, 1998 City Council Meeting as presented in writing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, all voting aye, Mayor 7orgenson declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 17, 1998 (TABLED JULY 13, 1998): RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 17, 1998. NEW BUSINESS: 2. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 15, 1998: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 15, 1998. 3. SPECIAL USE PERMIT REQUEST, SP #98-10, BY DAWN M. AMBUHL, TO ALLOW THE CONSTRUCTION OF A SECOND ACCESSORY STRUCTURE (GARAGE) GENERALLY LOCATED AT 6544 HICKORY STREET N.E. (WARD 3): Mr. Burns, City Manager, explained that the petitioner is requesting a special use permit to allow the construction of a 22 foot by 24 foot garage in the rear yard adjacent to a new 16 foot by 16 foot addition on the home. The new garage will be served by an e�sting driveway. The original garage is 14 feet by 22 feet and is attached to the north side of the house. The new garage will be used for vehicles; the e�sting garage will be used for storage of a boat, etc. The Planning Commission voted unanimously to approve this request with the four stipulations. APPROVED SPECIAL USE PERMIT REQUEST, SP #98-10, BY DAWN M. AMBUHL, TO ALLOW THE CONSTRUCTION OF A SECOND ACCESSORY STRUCTURE (GARAGE) GENERALLY LOCATED AT 6544 HICKORY STREET N.E. WITH THE FOLLOWING STIPULATIONS: 1) THE SECOND ACCESSORY STRUCTURE SHALL BE ONE STORY, 22 FEET WIDE BY 24 FEET DEEP AND MEET THE STANDARDS OF THE FRIDLEY ZONING ORDINANCE AND THE UNIFORM BUILDING CODE; 2) THE SECOND GARAGE SHALL MATCH THE ARCHITECTURAL DESIGN OF THE PRINCIPAL STRUCTURE; 3) THE CITY COUNCIL MEETING OF JULY 27, 1998 PAGE 3 SECOND GARAGE SHALL NOT BE USED IN CONJUNCTION WITH A HOME OCCUPATION; 4) THE SECOND GARAGE MUST BE ACCESSED WITH A PAVED DRIVEWAY. THE DRIVEWAY TO THE SECOND GARAGE SHALL BE PAVED WITHIN SIXTY DAYS OF THE ISSUANCE OF THE BUILDING PERMIT. 4. SPECIAL USE PERMIT REQUEST, SP #98-11, BY MARGARET R. REED, TO ALLOW THE CONSTRUCTION OF A SECOND ACCESSORY STRUCTURE (GARAGE) GENERALLY LOCATED AT 6017 THIRD STREET N.E. (WARD 3): Mr. Burns explained that this special use permit would allow the construction of a 19 foot by 22 foot detached garage that would be served by an existing paved driveway that has access to Third Street. The e�sting detached garage is located in the rear yard and is accessed by an alley that runs behind the house. The new garage will be used for vehicle storage. The existing garage will be used for hobby purposes. The Planning Commission recommended approval this special use permit at the July 15 meeting with four stipulations. APPROVED SPECIAL USE PERMIT REQUEST, SP #98-11, BY MARGARET R. REED, TO ALLOW THE CONSTRUCTION OF A SECOND ACCESSORY STRUCTURE (GARAGE), GENERALLY LOCATED AT 6017 THIl2D STREET N.E. WITH THE FOLLOWING STIPULATIONS: 1) THE SECOND ACCESSORY STRUCTURE SHALL BE ONE STORY, 19 FEET WIDE BY 22 FEET DEEP AND MEET THE STANDARDS OF THE FRIDLEY ZONING ORDINANCE AND THE UNIFORM BUILDING CODE, 2) THE SECOND ACCESSORY STRUCTURE SHALL MATCH THE ARCHITECTURAL DESIGN OF THE PRINCIPAL STRUCTURE, 3) THE SECOND ACCESSORY STRUCTURE SHALL NOT BE USED IN CONJUNCTION WITH A HOME OCCUPATION, 4) THE SECOND ACCESSORY STRUCTURE MUST BE ACCESSED WITH A PAVED DRIVEWAY. THE DRIVEWAY SHALL BE PAVED WITHIN SIXTY DAYS OF THE ISSUANCE OF THE BUILDING PERMIT. 5. SPECIAL USE PERMIT REQUEST, SP #98-12, BY MERVIN J. HERRMANN, TO ALLOW THE CONSTRUCTION OF A SECOND ACCESSORY BUILDING, GENERALLY LOCATED AT 278 MERCURY DRIVE N.E. (WARD 1): Mr. Burns stated that the petitioner is proposing to construct a 14 foot by 24 foot storage shed. It will be used for storage and will not have a driveway connected to it. The building will meet all setback requirements. The Planning Commission approved the special use permit with four stipulations. APPROVED SPECIAL USE PERMIT FOR MERVIN J. HERMANN TO ALLOW THE CONSTRUCTION OF A SECOND ACCESSORY STRUCTURE AT 278 MERCURY DRIVE N.E. WITH THE FOLLOWING STIPULATIONS: 1) THE SECOND ACCESSORY BUILDING SHALL BE ONE STORY, 14 FEET WIDE BY 24 FEET DEEP AND MEET THE STANDARDS OF THE FRIDLEY ZONING CITY COUNCIL MEETING OF JULY 27, 1998 PAGE 4 ORDINANCE AND THE UNIFORM BUILDING CODE; 2) THE BUILDING SHALL MATCH THE ARCHITECTURAL DESIGN OF THE PRINCIPAL STRUCTURE; 3) A SECOND DRIVEWAY/CURB CUT SHALL NOT BE CREATED ON THIS PROPERTY, AND; 4) THE ACCESSORY BUILDING SHALL NOT BE UTILIZED FOR A HOME OCCUPATION. 6. SPECIAL USE PERMIT REQUEST, SP #98-13, BY HILLTOP TRAILER SALES, INC. TO ALLOW THE DISPLAY AND SALES OF RECREATIONAL VEHICLES, GENERALLY LOCATED AT 7810 UNIVERSITY AVENUE N.E. (WARD 3): Mr. Burns explained that this site is the former Lupient Bargain Lot. The petitioner proposes to re-use the existing showroom and repair facilities and to modify the existing parking lot. Improvements to the parking lot include landscaped islands and reduction of pavement by 3,500 square feet. The display areas will include a large landscaped area that will be planted with shade and ornamental trees. The petitioner has produced a survey that verifies parking setbacks; however, staff requested a revised site plan that accurately reflects parking setback dimensions. The Planning Commission recommended approval of this request with eight stipulations. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED UNDER NEW BUSINESS OF THE REGULAR AGENDA, IMMEDIATELY FOLLOWING ITEM 16. 7. SPECIAL USE PERMIT REQUEST, SP #98-14, BY MAERTENS-BRENNY CONSTRUCTION COMPANY, TO INCREASE THE ALLOWABLE LOT COVERAGE BY A SINGLE STORY STRUCTURE IN AN M-2 ZONE FROM 40 PERCENT TO 49 PERCENT, GENERALLY LOCATED AT 7901 MAIN STREET N.E. (WARD 3): Mr. Burns noted that the allowable lot coverage request should be changed from 50 percent to 49 percent. This lot contains 107,182 square feet. A 52,417 square foot building is proposed to house Metal-Tek, Inc. The building will include warehousing, manufacturing and office uses. All required setbacks can be met. The Planning Commission approved the special use permit with five stipulations including those relating to the establishment of required landscaping, parking and drainage. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA, UNDER NEW BUSINESS IMMEDIATELY FOLLOWING ITEM 6. CITY COUNCIL MEETING OF JULY 27, 1998 PAGE 5 8. APPROVE LICENSE TO PERMIT A MOBILE HOME/HOUSE TRAILER AT TOTINO GRACE HIGH SCHOOL, 1350 GARDENA AVENUE N.E. (WARD 2): Mr. Burns explained that this trailer would house two School District No. 14 employees who provide student guidance services. It will be occupied during regular school hours between 7:30 a.m. and 2:00 p.m. when school is in session. APPROVED LICENSE TO PERMIT A MOBILE HOME/HOUSE TRAILER AT TOTINO GRACE HIGH SCHOOL, 1350 GARDENA AVENUE N.E. TO BE USED UNTIL JULY 12, 1999. 9. APPROVE PROPOSAL AND AUTHORIZE CONTRACT FOR COMPREHENSIVE PLAN CONSULTING SERVICES: Mr. Burns explained that staff solicited proposals for consulting services from three firms. Staff recommended that the contact be awarded to Hoisington Koegler Group Inc. for an amount not to exceed $62,570. This proposal included the lowest cost of the three and provides a strong team of specialized consultants who are familiar with Fridley's issues. In addition to the staff at Hoisington Koegler, staff from two other consulting firms will be involved. They include Maxfield Research Group (housing), and Bonestroo, Rosene, Anderlick & Associates, Inc. (water, sewer and transportation). The proposal provides for services at five public meetings. The amount of $62,570 is in line with amounts budgeted in 1998 and 1999. APPROVED PROPOSAL AND AUTHORIZED CONTRACT FOR COMPREHENSIVE PLAN CONSULTING SERVICES WITH HOISINGTON KOEGLER GROUP INC. FOR AN AMOUNT NOT TO EXCEED $62,570. 10. MOTION TO ADOPT THE CITY OF FRIDLEY'S STORM DAMAGE CLEAN UP POLICY: Mr. Burns stated that this policy establishes standards and processes for picking up trees and brush after storms that pass through Fridley. While the City's e�sting policy leaves the determination of the timing and scope of tree branch pick up to the discretion of administration, the revised policy provides that the City will pick up properly cut tree branches from the boulevard after any storm that passes through the community. Mr. Burns noted that the specifics of the revised policy are as follows: 1) The City will remove or trim damaged tress that are located in the public right-of-way or on City park property; 2) the City will identify the storm clean up procedures on its FIL line and cable television Channe135; 3) residential, commercial and industrial properties with storm damaged trees and/or branches can cut and stack them on the boulevard in front of their property, butt end towards the street in 8-foot lengths ma�mum for City pick up; 4) tree or branch piles that contain other materials such as building materials, fences, etc., will not be picked up; 5) plastic bags or other types of containers containing leaves and twigs will not CITY COUNCIL MEETING OF JULY 27, 1998 PAGE 6 be picked up, 6) residents may call 572-3566 after the storm to record debris pick up; 7) pick up of debris will commence on the first work day after the weekend of a storm; 8) The City will make one pass through the City for debris pick up; 9) the City will not be responsible for brush pick up after the one City pass; 10) the City will not be responsible for any damage to the boulevard, including sod and other appurtenances, as a result of debris pick up; 11) properties with building damage will be responsible for building material clean up and disposal; 12) in the event of a major disaster, the City will request additional help from other government agencies and volunteer organizations. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA UNDER NEW BUSINESS, FOLLOWING ITEM 16. 11. RESOLUTION NO 48-1998, AUTHORIZING THE POSTING OF "NO PARKING" SIGNS ON ONE SIDE OF CERTAIN MSAS STREETS: Mr. Burns stated that MnDOT State Aid Office has reviewed Fridley's MSAS system for completion and has found it acceptable, with one exception. To finalize the system, they have asked for the removal of parking on one side of Squire Drive between Rice Creek Road and Camelot Lane and on one side of Camelot Lane between Squire Drive and Arthur Street between the hours of 12:00 midnight and 6:00 a.m. Fridley proposes to install this signage on the west side of Squire Drive and on the south side of Camelot Lane. This would follow City policy of installing parking restrictions on the side of the street that contains fire hydrants. The six impacted residents have been notified by mail. ADOPTED RESOLUTION NO. 48-1998, AUTHORIZING THE POSTING OF "NO PARKING" SIGNS ON ONE SIDE OF CERTAIN MSAS STREETS. 12. APPOINTMENT: CITY EMPLOYEE: Mr. Burns stated that staff recommended the appointment of Mari Daniels as Planning Assistant/Code Enforcement Officer. Ms. Daniels has a B.A. Degree from the University of Georgia and a Master's Degree in Urban and Regional Planning from VPI in Blacksburg, Virginia. She worked for the City of Lumberton, North Carolina as a Planning Technician where she spent a great deal of time working on code enforcement issues, and most recently has been employed by Access Information Systems of Bloomington, Minnesota, assisting mortgage companies with land use/flood certifications. She will begin employment on August 10, 1998, per Council's concurrence. APPROVED THE APPOINTMENT OF MARI DANIELS TO THE POSITION OF PLANNING ASSISTANT/CODE ENFORCEMENT OFFICER. 13. CLAIMS: APPROVED THE PAYMENT OF CLAIM NOS. 81797 through 82028. CITY COUNCIL MEETING OF JULY 27, 1998 PAGE 7 14. LICENSES. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. 15. ESTIMATES: APPROVED THE ESTIMATES AS FOLLOWS: Diversified Paving, Inc. 8019 146th Avenue N.W. Ramsey, MN 55303 1997 Driveway Paving Project No. 307 F1NAL ESTIMATE Forest Lake Contracting 14777 Lake Drive Forest Lake, MN 55025 $ 3,828.31 Hackmann Avenue/Hackmann Circle Street Improvement Project No. ST 1998-1 FINAL ESTIMATE $16,927.14 Park Construction Company 7900 Beech Street N.E. Minneapolis, MN 55432 Rice Creek Bank Stabilization Project No. 309 Estimate No. 5 $23,381.12 Ron Kassa Construction 743 8 Upton Richfield, MN 55423 1998 Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 315 Estimate No. 4 $ 5,482.45 Councilmember Bolkcom asked that Items 6 and 7 be removed from the consent agenda for discussion. Mr. Adam Hardy, 6845 Channel Road, asked that Item 10 be removed from the consent agenda for further discussion. CITY COUNCIL MEETING OF JULY 27, 1998 PAGE 8 MOTION by Council member Barnette to approve the Consent Agenda without Items 6, 7 and 10. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: Mayor Jorgenson suggested that Items 6, 7 and 10 be considered immediately following Item 16 of the agenda. MOTION by Councilmember Bolkcom to amend the agenda to include the addition of Items 6, 7 and 10 of the consent agenda to immediately follow Item 16 of the regular agenda. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Mayor Jorgenson explained that this is the time reserved for residents to address Council on items that are not on the agenda. There were no questions or comments from the public. NEW BUSINESS: 16. RESOLUTION NO. 49-1998, APPROVING A SUBDIVISION, LOT SPLIT, LS #98-01, TO CREATE TWO RESIDENTIAL LOTS, GENERALLY LOCATED AT 1027 MISSISSIPPI STREET N.E. BY CULLY AND MICHELE SMUTZLER) (WARD 1): Ms. Barb Dacy explained that Mr. and Mrs. Smutzler requested the subdivision of their lot into two lots. The size of the property is appro�mately 27,000 square feet, and the property is zoned R-1, Single Family. Both lots, if the subdivision were to occur, would exceed the minimum lot requirement of 9,000 square feet. The owner of the property applied for the variance due to the location of the e�sting garage in relation to the proposed lot line. The applicant submitted an application for a variance which will be reviewed by the Appeals Commission at their meeting in August. The Planning Commission recommended approval the subdivision request with the following stipulations: 1) that run-off from a house constructed on the new lot would have to flow to the east toward Brookview Drive; and 2) staff will assure that appro�mately fifty percent of the drainage from the new home will be directed towards Brookview Drive, which will help to CITY COUNCIL MEETING OF JULY 27, 1998 PAGE 9 alleviate some of the drainage problems. Ms. Dacy reviewed the other stipulations which were approved as part of the subdivision request. MOTION by Councilmember Billings to adopt Resolution No. 49-1998, approving a Subdivision, Lot Split, LS #98-01, to create two residential lots, generally located at 1027 Mississippi Street N.E., with the following stipulations: 1) approval of a variance for the e�sting garage from 30 feet to 22.1 feet; 2) all easements be dedicated as illustrated on staffs Exhibit B; 3) a$750 park dedication fee shall be paid before the building permit is granted; and 4) a$1,000 storm water fee shall be paid before the building permit is granted; 5) a workable drain plan for the newly created lot must be demonstrated before approval of the lot split. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. SPECIAL USE PERMIT REQUEST, SP #98-13, BY HILLTOP TRAILER SALES, INC. TO ALLOW THE DISPLAY AND SALES OF RECREATIONAL VEHICLES, GENERALLY LOCATED AT 7810 UNIVERSITY AVENUE N.E. (WARD 3): Councilmember Bolkcom asked if the petitioner had any plans to seek any variances from the City. Mr. Dick Pearo, 2950 Innsbruck Court, and Jerry Strudder, both with Hilltop Trailer Sales, responded that they do not anticipate the need for any variances. Mr. Pearo noted that there was a question on the setback Based on a survey completed in 1997, all appears to be correct. Ms. Dacy stated that she reviewed the survey as well, and noted that along the lower lot line there was a slight encroachment. However, she felt that something could be worked out. Mr. Pearo stated that they submitted a landscape plan indicating a 3,500 square foot paved surface. The only changes which might occur would be in the type of trees, etc., and would be approved before proceeding. Mayor Jorgenson asked if they planned to take over all of the property or a portion of the property. Mr. Pearo stated that they would be taking over all of the property. Councilmember Barnette asked if this would be an expansion of their Hilltop business or a relocation. Mr. Pearo stated that it would be a relocation and is being done to provide a better display area. Mayor Jorgenson reminded the petitioners that vehicles are not to be parked on the boulevards. MOTION by Councilmember Bolkcom to approve Special Use Permit Request, SP #98-13, by Hilltop Trailer Sales, Inc. to allow the display and sales of recreational vehicles, generally located at 7810 University Avenue N.E. with the following stipulations: 1) parking of 68 customer spaces be allowed, with 32 spaces shown for future parking if needed; 2) the site plan be revised to meet the parking setback requirements; 3) curb and gutter be installed in the display and parking areas, including around the landscaped islands, 4) additional landscaping be approved by CITY COUNCIL MEETING OF JULY 27, 1998 PAGE 10 City staff prior to issuance of building access; 5) the e�sting fence be open or able to be knocked down for emergency vehicle access; 6) the flags and banners, other than the large American flag, be removed; 7) the building be adequately ventilated for spray paint and/or other service processes; 8) all trash and trash handling equipment must be in closed containers; and 9) any outdoor storage beyond the proposed camper sales will require an additional special use permit. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. SPECIAL USE PERMIT REQUEST, SP #98-14, BY MAERTENS-BRENNY CONSTRUCTION COMPANY TO INCREASE THE ALLOWABLE LOT COVERAGE BY A SINGLE STORY STRUCTURE IN AN M-2 ZONE FROM 40 PERCENT TO 49 PERCENT GENERALLY LOCATED AT 7901 MAIN STREET N.E. (WARD 3): Councilmember Bolkcom stated that her concern is approving a special use permit for this property, especially in the event that they wish to apply for a variance later. She noted that there would be no guarantee that the City would approve a variance. Mr. Maertins stated that he cannot speak on behalf of Metal-Tek, who are the owners of the property. That would be a decision made by them based on the requirement that they meet all of the parking requirements. He noted that Metal-Tek currently employs 52 people who work varying shifts. Councilmember Bolkcom stated that parking requirements are not based on the number of employees. She reminded Mr. Maertins that approval of a special use permit does not guarantee that a variance will be approved should they apply for one. MOTION by Councilmember Bolkcom to approve Special Use Permit Request, SP #98-14, by Maertens-Brenny Construction Company to increase the allowable lot coverage by a single story structure in an M-2 zone from 40 percent to 49 percent, generally located at 7901 Main Street N.E. with the following stipulations: 1) the number of parking stalls at the site shall either conform to the City Code or receive a variance from the City Code prior to the issuance of a building permit; 2) a landscape plan for the site shall be approved by the City prior to the issuance of a building permit; 3) the drive aisle widths and distances to the property shall conform with the City Code; 4) grading and drainage plans and draining calculations for the site shall be approved by the City prior to the issuance of a building permit; and 5) the e�terior materials and color of the building shall be approved by City staff prior to the issuance of a building permit. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. CITY COUNCIL MEETING OF JULY 27, 1998 PAGE 11 10. MOTION TO ADOPT THE CITY OF FRIDLEY'S STORM DAMAGE CLEAN UP POLICY: Mr. Adam Hardy, 6845 Channel Road, stated that he believed the role of the government was to protect the civil and property rights of the public. Adoption of the Storm Damage Clean Up Policy does not do either of those things. He did not feel it was a good expenditure of taxpayer funds. Mayor Jorgenson stated that when there is a storm, often brush piles are left in yards which ultimately can lead to health and safety issues. By adopting the Storm Clean Up Policy, the City is able to address those issues; thereby, effectively making sure that the City's property values stay where they should be. Councilmember Bolkcom explained that the City did have a Storm Damage Policy in 1997. However, they heard from a large number of residents that do feel that this is a valuable service and that taxpayer's money should be used for this purpose. It was also noted that in some cases, Federal emergency funds are also made available for clean-up to assure that materials are properly disposed of. MOTION by Councilmember Billings to Adopt the City of Fridley's Storm Damage Clean-Up Policy. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. CITY ATTORNEY' S REPORT: Mr. Knaak, City Attorney, explained that he was asked by staff to address an issue raised by the Council and the City Manager in regard to the City's reimbursement for costs related to storm clean up by residents. Mr. Knaak stated it was his opinion that the City cannot legally retroactively compensate individuals for moneys expended for private property clean up by private contractors. This reasoning relates to the Uniform Municipal Contracting Law for the State of Minnesota which has certain requirements that must be met before a city can expend money for any purpose. A letter to Dr. William Burns was distributed in reference to this legal opinion. MOTION by Councilmember Barnette to accept the letter to Dr. William Burns, from Frederic Knaak, dated July 27, 1998 into the record. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. CITY COUNCIL MEETING OF JULY 27, 1998 PAGE 12 18. INFORMAL STATUS REPORTS: Mr. Burns noted that there are no agenda items scheduled for the August 10 Council meeting. Additionally, two councilmembers will not be present. It was staffs recommendation that this meeting be canceled. MOTION by Councilmember Barnette to cancel the August 10, 1998 City Council Meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom invited all Riverview Heights residents to the meeting on Wednesday evening at 7:00 p.m. where the focus and visions for Riverview Heights will be discussed. A consultant has been hired to develop a mission for the area and will be present to conduct this meeting. The meeting will be held in the Fridley City Council Chambers. Councilmember Bolkcom also noted that Fridley continues to seek participants for the SOth Anniversary Task Force meetings. The ne�t meeting is scheduled for August 13 at 5:30 p.m. in the lower meeting room of the Municipal Center. Mayor Jorgenson reminded residents of National Night Out which will be held on Tuesday, August 4, 1998. She encouraged their participation. ADJOURNMENT: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Billings. UPON A VOICE VOTE, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of July 27, 1998 was adjourned at 8:30 p.m. Respectfully submitted, Tamara D. Saefke Nancy J. Jorgenson Recording Secretary Mayor