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09/10/2001 - 00009634THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 10 , 2001 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 8:00 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Bolkcom, Councilmember Billings, Councilmember Wolfe. MEMBERS ABSENT: None. PROCLAMATIONS: National Breast Cancer Awareness Month - October, 2001 National Mammography Day - October 19, 2001 Mayor Lund stated that early detection and prompt treatment can significantly reduce suffering and deaths caused by this disease. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda as presented. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES: City Council Meeting of August 27, 2001. APPROVED. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10, 2001 PAGE 2 OLD BUSINESS: 1. ORDINANCE NO. 1158 RECODIFYING THE FRIDLEY CITY CODE BY AMENDING APPENDIX F TO PROVIDE FOR THE ADJUSTMENT OF SALARIES FOR THE MAYOR AND THE COUNCILMEMBERS IN ACCORDANCE WITH SECTION 2.07 OF THE CHARTER OF THE CITY OF FRIDLEY: Mr. Burns, City Manager, stated that this ordinance provides for a four percent (4%) cost of living adjustment. Staff recommended Council's approval. ADOPTED ORDINANCE NO. 1158. NEW BUSINESS: 2. ORDINANCE NO. 1159 AMENDING CHAPTERS 205, 206 AND 603 OF THE FRIDLEY CITY CODE PERTAINING TO FIRE PROTECTION REQUIRE- MENTS: Mr. Burns, City Manager, stated that the ordinance would require sprinklers in all new buildings in excess of 2,000 square feet and would disassociate sprinklering requirements from liquor licensing. Staff recommended Council's approval. ADOPTED ORDINANCE NO. 1159. 3. REQUEST FOR A VARIANCE EXTENSION, VAR #00-23, BY MARTI POVLITZKI, FOR THE CONSTRUCTION OF A GARAGE ADDITION AND THE EXPANSION OF A FRONT ENTRYWAY, GENERALLY LOCATED AT 369 HUGO STREET N.E. (Ward 3): Mr. Burns, City Manager, stated that the Povlitzkis were granted front and side yard variances in August of last year that would have allowed the construction of an addition to their home. They are currently requesting additional time. Staff recommended a one- year e�ension. Councilmember Bolkcom stated that the Povlitzkis should be sent information regarding Anoka County's plans as soon as possible. APPROVED VARIANCE EXTENSION, VAR #00-23. 4. RESOLUTION NO. 47-2001 APPROVING A PLAT, P.X. #01-03, (SKYWOOD MANOR, BY BRUCE NEDEGAARD) TO REPLAT PROPERTY FOR THE PURPOSE OF CREATING LOTS TO ALLOW CONSTRUCTION OF NEW SINGLE FAMILY HOMES, GENERALLY LOCATED AT 5353 FILLMORE STREET N.E. (WARD 2): FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10, 2001 PAGE 3 Mr. Burns, City Manager, stated that this property has been replatted into four single family lots. Staff recommended approval of the resolution subject to stipulations. ADOPTED RESOLUTION NO. 47-2001. 5. APPROVE A DEVELOPMENT AGREEMENT FOR A FINAL PLAT PS #01-03, BY NEDEGAARD CONSTRUCTION COMPANY, TO DIVIDE PROPERTY INTO FOUR SINGLE FAMILY LOTS, GENERALLY LOCATED AT 5353 FILLMORE STREET N.E. (WARD 2): Mr. Burns, City Manager, stated that the development agreement incorporates the dividing of property located at 5353 Fillmore Street N.E. into four single family lots. APPROVED A DEVELOPMENT AGREEMENT FOR A FINAL PLAT, PS #01-03 BETWEEN THE CITY OF FRIDLEY AND NEDEGAARD CONSTRUCTION COMPANY. 6. APPOINTMENTS - CITY EMPLOYEES: Mr. Burns, City Manager, stated that staff recommended the appointment of the following two police officers: Ms. Shannon Coulter as Patrol Officer (Partial Exempt) replacing Rick Crestik, who has been promoted. She has an Associate of Arts Degree from Normandale Community College and completed her Law Enforcements Skills Course in 1994. Ms. Kathleen Kelley as Patrol Officer (Partial Exempt) replacing Lawrence Chubb who is retiring. She attended the University of Colorado and Colorado State University. She attended Police Officer Academy at Texas Junior College. She has been employed as a Fridley School Resources Officer. APPOINTED SHANNON COULTER AND KATHLEEN KELLEY AS PATROL OFFICERS. 7. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 101319-101505. 8. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10, 2001 PAGE 4 9. ESTIMATES: Approved estimates as follows: Lametti & Sons, Inc. 16028 Forest Boulevard North Hugo, NIN 55038 Sanitary and Storm Sewer Lining Project No. 337 FINAL ESTIMATE: $129,898.50 Dave Perkins Contracting, Inc. 14230 Baslat Street N.W. Ramsey, MN 55303 2001 Street Improvement Project No. ST. 2001 - 1 Estimate No. 5 $ 76,575.13 Ron Kassa Construction 6005 - 250th Street East Elko, MN 55020 Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 338 Estimate No. 4 $ 7,420.55 ADOPTION OF AGENDA: MOTION by Councilmember Billings to adopt the Agenda as presented. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Mr. Richard Coleman, 188 River Edge Way, stated that during the last couple of ineetings, the proposed 2002 budget and property tax levy proposal were not considered. He asked why. Mayor Lund stated that the preliminary proposed budget was from the last meeting and will come up at a future date. Mr. Burns, City Manager, stated that it was discussed at the last meeting briefly. Mr. Coleman stated that he did not see it published in the minutes. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10, 2001 PAGE 5 Mr. Burns, stated that it was not an official budget hearing. Council will meet again to discuss it at a work session. The public hearing is scheduled for December 3. Councilmember Bolkcom stated that Mr. Burns presented a very brief summary during the August 27 Council meeting. All of the budget sessions are open to the public and advertised. Mr. Coleman asked if the budget included the property tax levy for Anoka County. Mr. Burns stated that both of the parts of the budget were discussed at the last meeting. There will be an article in the October newsletter that will provide a good overview of the budget and revenue process. Mr. Coleman asked if it would cover the property tax levy. Mr. Burns stated that it would. PUBLIC HEARINGS: 10. CONSIDERATION OF A 3.2% MALT LIQUOR LICENSE APPLICATION FROM ORIENTAL HOUSE RESTAURANT, GENERALLY LOCATED AT 5865 UNIVERSITY AVENUE N.E. (WARD 1): MOTION by Councilmember Billings to open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:12 P.M. Mr. Burns, City Manager, stated that Okhui L. Yang, the owner of the Oriental House Restaurant, is applying for a new liquor license. The Police Department has no objection and the property is properly zoned. The applicant also has the required insurance. Councilmember Billings asked if she was in the restaurant business before. Ms. Yang stated that she used to be an Assistant Manager of a restaurant. This is the first time she has been the owner. Councilmember Billings asked if the restaurant was open now and if it had been closed for a short time. Ms. Yang stated that it was closed for about four days between owners. Councilmember Billings asked if she would only be serving beer. Ms. Yang stated that it would only be 3.2 beer. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10, 2001 PAGE 6 Councilmember Billings stated that the license would be voted on at the ne�t meeting. MOTION by Councilmember Billings to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:17 P.M. 11. CONSIDERATION OF AN ORDINANCE AMENDING THE FRIDLEY CITY CODE TO REPEAL CHAPTER 113, ENTITLED "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION" AND ADOPTING A NEW CHAPTER 113: MOTION by Councilmember Bolkcom to open the public hearing and waive the reading. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:17 P.M. Ms. Jones, Environmental Planner, stated that there are three steps proposed for this process. One step is to repeal the existing code and adopt a new Chapter 113. Council will also need to adopt a resolution setting recycling fees. There are five parts to Chapter 113. One part is the definition section related to solid waste. The next sections are related to composting, recycling requirements and licensing requirements. The first change to the code involve changing the definition sections to match State Statutes and adding definitions staff felt were missing. Ms. Jones stated that the solid waste section proposes that all garbage dumpsters and box type recycling containers be screened from view of the public right-of-way, as well as from parks and adjoining residential property. Removing a 32-gallon size limitation on residential garbage containers is proposed and placement of garbage containers at curbside for a 28-hour time period is also proposed. That period would be from 5:00 p.m. the day prior collection to 9:00 p.m. the day of collection. Staff feels strongly about requiring screening to reduce litter. This would help conceal large items like appliances until they can be picked up. With respect to outdoor storage, commercial and industrial property should also be held to the same standards. Many people have commented that about ten years ago, they questioned whether they wanted to live in the community because they felt it was starting to look trashy. As a result of efforts by staff regarding code enforcement, people have seen a turnaround in their neighborhood. Staff feels strongly that we need to carry on with that improvement. The retail 32-gallon garbage cans are not heavy duty and tip over a lot. The lids disappear and not too many people replace them. We also cannot identify the garbage hauler. Curbside collection is advantageous since it is less costly since two people do not need to be on the truck This also allows for automated collection. Many people have stated that they did not want the haulers coming to their door for collection so they put the garbage curbside even though it is not allowed by Code. Ms. Jones stated that yard waste will only be allowed in view of the street or at the curb on collection day. Storage on property for more than five months is not allowed by the new proposal. There are also additional requirements to back yard composting. It may be allowed on FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10, 2001 PAGE 7 public property for educational purposes and will be allowed on residential property not any closer than 25 feet to the nearest waterway or 20 feet from the neighbors. Compost areas would need to be contained so as not to become a public nuisance, and the area may not exceed five cubic yards in volume or five feet in height. Recycling changes involve the use of recycling carts not requiring to be screened for more accessibility. Staff would like to see it on a paved surface. This must also be as convenient as trash disposal. Scavenging is prohibited. Multi-unit owners also must ensure that their tenants be informed about recycling. Ms. Jones indicated that the fees for the recycling service are now set by ordinance and anytime there is a change, it is necessary to go through the ordinance process. Only small incremental fee changes are allowed to be made now. Most changes in the licensing section are to make everything more current. A clause was added for back-up warning devices. A procedure was also established for license revocation. The first reading of the ordinance would be on September 17. The first Council meeting in October would include the second reading of the ordinance and the adoption of the resolution setting the recycling fees. The timeline for the ordinance adoption is November 2. Councilmember Wolfe asked if the City would be lenient on a holiday if the hauler picks up the garbage later than normal. Ms. Jones stated that she thinks the City will be lenient in that regard. Councilmember Bolkcom asked if the garbage cans along the sides of the garage that are not screened would need to have a barrier around them. The cans may not be that unsightly. Can construction waste bins only be there for three months? Is that one set of three months for the whole year? Does it mean that the hauler will not come up to the door to retrieve the garbage cans if I am out of town or disabled? Ms. Jones stated that the current licensed haulers do offer to-the-door service in situations where the person is handicapped. Councilmember Bolkcom stated that the way it is written now is that she cannot have the garbage out more than 28 hours. If she were out of town, she would need to have someone bring it to the curb. Ms. Jones stated that everyone would be allowed to put the garbage out to the curb on collection day only. Councilmember Bolkcom stated that there are a lot of people who do not want to put it at the curb. Ms. Jones stated that it would be the hauler's discretion. Councilmember Bolkcom asked if there has to be a structure around the garbage at the side of the garage. That should really be looked at. People may be upset about that. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10, 2001 PAGE 8 Ms. Jones stated that they do not have to be marked, but if garbage is allowed to be placed at the curb with the name and phone number stamped on them, it helps the City to determine if someone has a garbage service as required by Code. Councilmember Bolkcom stated that our whole idea is to have people recycle things and by opening this up we may have these great big cans for more garbage. Ms. Jones stated that staff proposes to be strict about screening. New systems for recycling collection appear to be automated with carts. This will probably be the norm in the ne�t three to five years. The potential is there for yard waste collection carts as well. The number of carts that people could have concerns staff. They would need to be screened from the public right-of- way. Councilmember Bolkcom asked why that would be a concern. Ms. Jones stated that it is an image issue for the City and it makes a big difference with one cart versus a couple of carts in the front yard. Councilmember Bolkcom stated that most people store the can on the side of the garage. Ms. Jones stated that she has seen storage mostly in the front of the garage. Mr. Hickok, Community Development Director, stated that when we started our systematic code enforcement, Council made the decision not to make that part of the inspection process. Neighbors just might not like to see garbage cans ne�t to the house if they see it out of their dining room window. Resolving those matters before the neighbors get upset helps to eliminate an aesthetic problem and takes a position on where the containers should be. Councilmember Bolkcom stated that she thought most people complain of old appliances that have been left outside and old garbage beside the garbage can. Mr. Hickok stated that he appreciates her perspective. Ms. Jones stated that staff is open to Council's input about the construction bin questions. Mr. Hickok stated that he believes the code is not restricting anyone to one, three-month period, but three consecutive months. Mr. Burns, City Manager, stated that placement of these containers in the street may be the problem. Mr. Hickok stated that containers in the street are not permitted. That is an intrusion of public right-of-way. You could have these containers up to three months on a project. This ordinance states no more than three consecutive months. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10, 2001 PAGE 9 Councilmember Bolkcom asked about the reasoning for the requirement that compost be no closer than 20 feet to a dwelling even though that part of the dwelling may be the garage. Mr. Hickok stated that there were some concerns related to how close the garage would be to living rooms or dining rooms of homes. Councilmember Bolkcom stated that this proposes a bigger hardship from one neighbor to the next. A misdemeanor for theft of pop cans would be hard to enforce. She asked why that would be a misdemeanor. Ms. Jones stated that she does not have a problem with a homeless person going out and trying to make a living. Some cases she has dealt with involve a person driving a very nice vehicle going down the street and dumping the contents of the containers into their vehicle and making off with a pretty good haul of material. Theft of those materials affects everyone in the community because the price we pay for our recycling service is dependent on the hauler getting those materials. We need those materials collected by our hauler (in particular the pop cans) to keep prices down. The reality of catching someone doing this would be hard, but it is important to have the rule to deter people. Councilmember Bolkcom asked about leaves. If a disabled person collects the leaves before the garbage day, the leaves have to stay away from the curb until the hauler collects them. Ms. Jones stated that was correct. Ms. LeeAnn Sporre, 295 Ironton Street N.E., stated that she lives near Springbrook Nature Center on the creek downstream. Fridley is suitable for urban living close to wildlife and we have opened Pandora's box regarding what a compost criminal is. There has been a lot of value placed on the husbandry of our natural resources over the years in Fridley. We have developed a waterway with Springbrook Creek that has had an increasing waterflow. It is a 2,300-acre watershed that this compost criminal law is getting at the issue that is about the City's image. The language in the code would now make her a criminal. She has had to sustain the contents of the soil and she has raked the leaves into the wetlands area and put branches in there and has been able to prevent sedimentation and erosion. She has cattails in the backyard and maintains the sugar sand soil. If she were to put every leaf and twig and branch into bags, she would have a mound of bags big enough to fill the Council Chambers. There is no provision in the ordinance allowing her to do what she thinks is environmentally conscionable in managing the resources in her backyard. Upstream from her a man filled in soil in the backyard to prevent standing water in the backyard. Down four houses a man decided to save his property by berming around his house. The neighbor across the street decided to have a truckload of cement poured into his backyard. Systematic code enforcement needs to be straight across the board. We have to resolve what is aesthetically beautiful and what is subjective. She asked Council to table this and clean up the language. Councilmember Billings asked if she was concerned with new Chapter 113.10 entitled "Composting?" FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10, 2001 PAGE 10 Ms. Sporre stated that was correct. Councilmember Bolkcom stated that her compost is probably more than five feet. Ms. Sporre stated that she probably will have more than other people due to her one acre but she has prevented sedimentation. Mayor Lund asked if she was raking this onto only her property. Ms. Sporre stated that she owns four lots on the City boundary. Councilmember Wolfe asked if it was okay for people to rake leaves and throw them in the woods. Ms. Jones stated that there is language in the existing and proposed code that states that you cannot deposit leaves on property that is not yours. Councilmember Bolkcom stated that an area of more than 5 cubic yards would not be allowed. Ms. Jones stated that in the new language, it has to be maintained, and that is the problem. Composting is turning that material, adding proper materials so it does break down to make a finished product to use on your lawn and garden. Councilmember Bolkcom stated that in the past there was the problem of people taking other people's leaves from the driveway and putting them in their own backyard. Councilmember Wolfe stated that it happens in the Hathaway area when people rake their leaves and put them in the woods. Ms. Jones stated that it is something we would never know about unless someone complained about it. Mr. Hickok stated that it is the people's own issue of how they manage their own eco-resources on their property. We run into problems when people use chicken wire frame and dump grass only in there. It rots and that slow decomposition causes it to stink. Mayor Lund stated that there was a concern of leaching of dead leaves into the waterways and adding to the phosphorus levels affecting water quality. Ms. Jones stated that was correct. Ms. Sporre stated that if she did not do this, there would be massive erosion of sugar sand downstream. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10, 2001 PAGE 11 Councilmember Barnette asked about the 28-hour period to leave garbage at the curb. Many people leave plastic bags out with garbage and raccoons get into those if left out overnight. Why not just leave the garbage out in the morning versus 5:00 p.m. the night before. Ms. Jones stated that the current and proposed code requires that garbage be in a container with a tight fitting lid. Setting materials out now in a bag is not acceptable. Councilmember Barnette stated that many people do not do that. Councilmember Bolkcom stated that was due to people needing to put it out the night before so they do not have to get up earlier that morning. Ms. Jones stated that garbage haulers are allowed to haul from 6:30 a.m. Mr. Sean Shores, 701 58th Avenue, stated that in the five years he has lived in Fridley, he has never left the garbage near the garage. He has always brought it down to the street. Most neighbors are unaware of why we are supposed to leave it at the house. He gets tired of dealing with his neighbor's garbage blowing through his yard due to no lids on the cans. He called BFI and they stated that they were unable to provide containers due to Fridley's clause. He wants to have that container provided because they are more durable and stable. Screening means the container should be out of sight from the street and there are options to keep it in the back or in the garage. Mayor Lund stated that was correct. Ms. Jones stated that it could be in a side yard that is screened by shrubbery or fencing. Mr. Shores stated that he has an incline and stairways on both sides of the house. His garage is a single car garage. In his neighborhood, many neighbors have the same problem. He would rather be able to see the hauler's garbage cans rather than seeing cans that are dented and scratched with the lids off. Mayor Lund stated that there has been discussion over the years about sizes of garbage cans. Mr. Shores stated that he has a family of four and needs a bigger garbage can sometimes. Councilmember Billings asked if in Section 113.08 under Construction Waste Bins, Medtronic (with major remodeling) would have problems having a box type waste storage bin for construction waste for an e�tended period of time on the site. This should be evaluated. It may be necessary to have dumpsters out for more than three months. He does not know that we are going to get a"one size fits all" type of ordinance. In 113.09, Yard Waste Collection, a person may not place yard waste in mixed municipal solid waste. If three twigs fall off a tree, can he throw those in the refuse container or bundle them and pay the hauler an additional $5.00 to haul away those twigs? FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10, 2001 PAGE 12 Ms. Jones stated that under State Statutes as of 1991 no wood products are permitted in solid waste. Councilmember Billings stated that the old 113.14 regarding replacing defective solid waste containers was not in the new proposed plan. Ms. Jones stated that was an issue between the haulers and the residents for negotiation. The new proposed language has language stating that each dwelling must maintain sufficient watertight containers. Councilmember Billings asked if that was making more work for the City to monitor the containers. Ms. Jones stated that the private haulers want to maintain their customers, not anger them by telling them to replace the containers. Mr. Leslie Coyle, 6271 Si�th Street N.E., stated that you do not want to compost weeds and put them back in the garden. He asked if he couldn't throw them in the garbage. Ms. Jones stated that has been the law since 1991. Mr. Coyle stated he though that was ridiculous because if you are composting them, you are just throwing the weed seeds back in there. Ms. Jones stated that if it is composted properly, the heat will destroy the seeds. Mr. Coyle stated that he has gotten compost materials from the County compost area and there are weed seeds in it yet. Councilmember Billings asked about Section 113.07 as it relates to commercial property containers. Are there any that currently have the refuse in the front yard and would be unable to get it to the side yard? Mr. Hickok stated that they are right now in the process of doing the systematic code enforcement for commercial property and he does not know the answer to that question. Ms. Jones stated that if it is in the front yard with an enclosure, it would still meet the requirements. Councilmember Bolkcom asked if all the City property does. Ms. Jones stated that she thought so. Councilmember Billings asked about Section 113.04, entitled "Residential Solid Waste Containers." FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10, 2001 PAGE 13 Councilmember Billings asked if all the haulers licensed in Fridley were mechanized to handle a container larger than 32 gallons. Ms. Jones stated that most do offer automated service. Councilmember Billings stated that the City ordinance now says it is okay for people to buy the bigger cans whether their hauler can do that or not. This may force non-mechanized haulers out of the City of Fridley. Mr. Hickok stated if we do allow a bigger container, the City should stay out of the referee position of having the City decide whether or not a container is okay. Councilmember Billings stated that if the City did not like a container that a particular hauler used, this would provide the City an opportunity to say that it is not durable enough. If the hauler says that they cannot lift anything that heavy, that is where the clause comes in that it has to be approved by the City and the hauler. If the hauler does not approve a container, it is between the hauler and the customer. Mr. Shores stated that if he cannot find something at one place, he would go to another hauler. He does not want the City telling him how much garbage he can produce and what container he can put it in. It is a free market, and if the hauler cannot afford mechanized hauling, he should be able to choose which hauler to have. Mayor Lund stated that they still have the option of coming up to the house. Councilmember Bolkcom stated that her concern is that some haulers may not be able to function. Haulers should be allowed even though they are not mechanized. She asked if the haulers provided the containers for free. Mr. Denny Frederikson, Ace Solid Waste, stated that everything costs sooner or later, but most haulers provide the carts with the service. Competition has taken care of the cost of the carts. Councilmember Bolkcom asked if two carts are given for yard waste and garbage. Mr. Frederikson stated that they do not provide the yard waste carts. Some do. We pick up yard waste in a bag at the curb. We will figure out how to deal with the situation Fridley picks. Mayor Lund asked if there is a size restriction to the carts up to a certain gallon. Ms. Jones stated that we put a special clause in addition to repeating the State Statute requirements requiring garbage haulers to offer volume based service. An additional sentence was included that stated that they must provide something smaller than a 60 gallon cart should a customer request it. Typically the 90 gallon size is the biggest offered. Mr. Burns stated that there is something bigger than the 90 gallon. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10, 2001 PAGE 14 Ms. Jones stated that it means they allow you to put stuff in bags in addition to the 90 gallon. Mr. Burns stated that Mayor Lund's concern was that you would have something unlimited on the side. Ms. Jones stated that they could put in a clause for that concern as well. Mr. Dan Lynch, of Rehrig-Pacific, an Atlanta manufacturer of garbage cans, stated that they make 35, 65, and 95 gallon cans. Bigger cans are for multi-family homes. A 95 gallon can would be at the high end for a single family home. Councilmember Bolkcom asked if it would be possible not to have garbage? Ms. Jones stated that people have claimed that they do not have recycling but everybody gets the Fridley paper. If someone does not have any garbage, they may be burying it in the backyard. Councilmember Billings stated that if he were to diligently recycle, based on the fact that almost all of his meals are eaten away from his home, there will be up to eight weeks when he does not have anything to put out. He can understand where a person would not produce enough for a weekly pick-up. He is not suggesting we make changes to the ordinance. MOTION by Councilmember Billings to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 9:50 P.M. Councilmember Bolkcom asked if this would be on the agenda for September 17. Mr. Burns stated that the first reading would be held. Mayor Lund stated that there would be further discussion on this item on September 17. 12. INFORMAL STATUS REPORTS: Mr. Burns stated that we are in the process of arranging the Citizen Survey by Decision Resources, Ltd., for 500 residents. Mayor Lund stated that we need City input and please respond to questions if called. Mr. Burns stated that there will be an open meeting after the City Council meeting on settling the dispute between a certain developer and residents regarding some property. Mayor Lund stated that Call on the Council will be held at 6:00 p.m. tomorrow evening. Mr. Burns stated that the groundbreaking for the Gateway East project will be held Tuesday at 4:00 p.m. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10, 2001 PAGE 15 ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE SEPTEMBER 10, 2001, CITY COUNCIL MEETING ADJOURNED AT 9:55 P.M. Respectfully submitted, Signe L. Johnson Scott Lund Recording Secretary Mayor