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01/09/2006 - 00027385CITY COUNCIL MEETING CITY OF FRIDLEY JANUARY 9, 2006 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:37 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-at-Large Barnette Councilmember Billings Councilmember Wolfe Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Jon Haukaas, Director of Public Works Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner PRESENTATION: Dr. Don Helmstetter, Superintendent of Independent School District No. 16 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of December 5, 2005 City Council Meeting of December 12, 2005 APPROVED. NEW BUSINESS: 1. First Reading of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to Curbing and Drainage Requirements (Text Amendment, TA #05-05), by the City of Fridley. FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2006 PAGE 2 William Burns, City Manager, stated this is one of several legislative proposals resulting from the City's promise to analyze its city codes regarding surface water runoff at the time we applied for the Clean Water Partnership money for the Springbrook Watershed District in 2002. This amendment would allow the City to exempt curbing in situations where projects include approved features such as rain gardens and natural swales. The public hearing for this item was held on December 12. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 2. First Reading of an Ordinance Amending Chapter 205.04 of the Fridley City Code Pertaining to General Provisions (Text Amendment, TA #05-06, by the City of Fridley). William Burns, City Manager, stated this item makes changes to the zoning code requiring non- conforming uses. It changes the code to align with State statutes. The change allows the reconstruction of non-conforming uses as long as the replacement structures do not expand the boundaries of the structures they are replacing. Previously, these non-conforming structures could not be rebuilt if more than 50 percent of the structure had been destroyed by fire or some other disaster. Staff recommends Council's approval. WAIVED THE READING OF THE ORDINANCE AND APPROVED THE ORDINANCE ON FIRST READING. 3. Receive the Minutes of the Planning Commission Meeting of December 21, 2005. RECEIVED. 4. Approve Development Agreement Between the City of Fridley and Target Corporation, Pursuant to Final Plat, PS #05-04 (Olivia Grove), to Subdivide the Current Target Property to Allow Construction of a Free-Standing PETCO and a New Super Target Facility, Generally Located at 753 and 755 — 53rd Avenue N.E. (Ward 1). William Burns, City Manager, stated this Agreement was promised by Target at the time Council approved their final plat on December 12. The Development Agreement is designed to memorialize the details of developer responsibilities for site improvements, erosion control, and a host of other development details. Staff is recommending Council's approval. APPROVED. 5. Special Use Permit Request, SP #05-05, by Crosstown Signs, to Allow the Installation of an Electronic Changeable Sign at CVS Pharmacy, Generally Located at 5696 University Avenue N.E. (Ward 3). FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2006 PAGE 3 William Burns, City Manager, stated CVS is installing two detached signs in conjunction with their new store. Both signs are within the legal requirements of our Code. The 42-square foot sign on the northeast corner of the site will have 19 square feet devoted to changeable electronic messages. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 6. Approve Contract Amendment Between the City of Fridley and Short Elliott Hendrickson Inc. for Design Services on the 2006 Street Improvement Project. William Burns, City Maanger, stated staff is requesting an additional $16,801 to cover the cost of e�tra engineering services for two additional streets and the raising of light poles at Community Park Staff recommends Council's approval. APPROVED. 7. Resolution Ordering Final Plans and Specifications and Estimates of Costs Thereof: Neighborhood Street Improvement Project No. ST. 2006-01. ADOPTED RESOLUTION NO. 2006-01. 8. Resolution Authorizing an Agreement for the Replacement of the Traffic Control System on University Avenue (TH 47) and Osborne Road (Wards 1 and 3). William Burns, City Manager, stated this resolution authorizes an agreement with MnDOT for the replacement of traffic signals at University Avenue and Osborne Road. The resolution establishes the scope of the work and the sharing of the costs. The work includes signal replacement, replacement of emergency vehicle pre-emption equipment, and the installation of internally eliminated street name signs. Fridley's share of the cost of this work is $11,232. The City's portion will come from its State aid funds and will not impact funds available for neighborhood street reconstruction. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-02. 9. Resolution Revising the County State Aid Highway System (Ward 3). William Burns, City Manager, stated this resolution revises the County's list of streets on the State Aid Highway System. The County is adding a section of Main Street between 44th and 57th Avenues and a portion of 57th Avenue between Main Street and University Avenue to their list of State Aid Highways. Although the changes make little difference for the City of Fridley, State law requires the City to approve the change. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2006 PAGE 4 10. Resolution Imposing Load Limits on Public Streets in the City of Fridley, Minnesota. ADOPTED RESOLUTION NO. 2006-04. 11. Resolution Designating Official Depositories for the City of Fridley. William Burns, City Manager, stated in view of the good service and reasonable fees, staff recommends we continue to use Wells Fargo as the City's official depository. ADOPTED RESOLUTION NO. 2006-05. 12. Resolution Designating an Official Newspaper for the Year 2006. William Burns, City Manager, stated staff is recommending Focus News be designated as the primary official newspaper and the Minneapolis Star and Tribune be designated as the secondary official newspaper. ADOPTED RESOLUTION NO. 2006-06. 13. Resolution Authorizing a Change in Mileage Reimbursement Rates for the 2006 Calendar Year. William Burns, City Manager, stated in conjunction with changes in the IRS reimbursement rates, staff recommends the City's mileage reimbursement rate be decreased from 48 '/z cents per mile to 44 '/z cents per mile for the year 2006. ADOPTED RESOLUTION NO. 2006-07. 14. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit Application for DeLaSalle High School (Broadway Bar & Pizza, 8298 University Avenue N.E.) (Ward 3). William Burns, City Manager, stated this is a renewal of a pull-tab permit at Broadway Bar & Pizza. If approved, the permit will be valid from February 1, 2006, to January 31, 2008. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2006-08. 15. Resolution Approving and Authorizing Signing an Agreement for Police Sergeants of the City of Fridley Police Department for the Years 2006 and 2007. William W. Burns, City Manager, stated other than wages there are no significant changes. The new contract provides for a 3 percent COLA adjustment for both 2006 and 2007. It additionally provides for a$50 a month market rate adjustment for the year 2007. Staff recommends Council's approval. FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2006 PAGE 5 ADOPTED RESOLUTION NO. 2006-09. 16. Approve 2006 Animal Control Contract Between the City of Fridley and Brighton Veterinary Hospital. William Burns, City Manager, stated this is the same as the contract for 2005. It provides for animal shelter services at a cost of $1,300 a month. Staff recommends Council's approval. APPROVED. 17. Motion to Authorize the Fridley Senior Companion Program to Apply for CDBG Funding for the Period July 2006, through December, 2007. William Burns, City Manager, stated we are jointly applying for this money with the City of Coon Rapids. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 18. Approve Amended Minutes from the Fridley City Council Meeting of November 21, 2005. William Burns, City Manager, stated the vacation request by Blue Print Homes was inadvertently recorded as a motion rather than a resolution. APPROVED. 19. Approve 2006 City Council and Staff Appointments. William Burns, City Manager, stated the appointments include the designation of Councilmember Barnette to continue as Mayor Pro Tem. APPROVED. 20. Approve Appointments to City Commissions. William Burns, City Manager, stated staff recommends the following appointments: Ellard Briesemeister to the Appeals Commission, Martina Nelson to the Environmental Quality and Energy Commission, and Michael Heintz to the Parks and Recreation Commission. These individuals were selected as a result of interviews with Council on December 12, 2005. The Appeals and EQEC terms will expire April 1, 2009. The Parks and Recreation Commission term is a completion of a previous term that expires April 1, 2007. APPROVED. FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2006 PAGE 6 21. Appointment — City Employee William Burns, City Manager, stated staff recommends the following appointment: Robert Jarrett to the patrol officer recently vacated by Joseph Gerhard. APPROVED. 22. Claims (124666 - 125018). APPROVED. 23. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. ADOPTION OF AGENDA: Councilmember Bolkcom requested that Items 5, 9, and 17 be removed and placed on the regular agenda. Councilmember Billings requested that Item 1 be removed and placed on the regular agenda. MOTION by Councilmember Barnette to approve the consent agenda as presented with the removal of Items 1, 5, 9, and 17. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda with the addition of Items 1, 5, 9 and 17. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORM (VISITORS): No items presented. NEW BUSINESS: 24. First Reading of an Ordinance Amending Chapter 110 of the Fridley City Code Pertaining to Water Quality (Text Amendment, TA #05-07, by the City of Fridley). FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2006 PAGE 7 Rachel Harris, Environmental Planner, stated there are three topics that prompted the review of the public nuisance Code: (1) the commitment in the CWP grant application to analyze codes related to water quality, (2) federal and state NPDES rules require cities to take steps to prevent non-point source pollution; and (3) improvement of the chances of obtaining flexibility on DNR standards for a shoreland ordinance. This ordinance has been reviewed by the Education Subcommittee of the Springbrook Watershed CWP project, the Fridley Planning and Engineering staff, and the Fridley Environmental Quality and Energy Commission. Out of those discussions came two proposed additions to Chapter 110. First, to make dumping of hazardous materials a public nuisance. Second, to make feeding waterfowl a public nuisance. During commission review, the Planning Commission held a public hearing for the te�t amendments. The Planning Commission unanimously approved the te�t amendment on November 2, 2005. Upon Council review, the public hearing of the ordinance was held at the December 12, 2005, City Council meeting. Council suggested adding the term "granular" to the list of hazardous materials. Staff responded by adding reference to the State Statute, Section 116.06, Subd. 11, Hazardous Waste, a definition which includes solid, semi-solid, liquid, and gaseous material. Additionally Council suggested removing a reference to feeding waterfowl on your own or someone else's property. To this staff has amended the te�t to refer only to public parks and land. However, it is important to note that whenever an act of feeding waterfowl on private property permits a condition that unreasonably annoys your neighbors, this act is already considered a public nuisance. Staff does concur with the Planning Commission and recommends approval of the first reading of this ordinance. The second reading is tentatively scheduled for the January 23, 2006, City Council meeting. Julie Jones, Planning Coordinator, stated during the public hearing on this item there was some discussion and interest by the City Council in phasing the waterfowl feeding prohibition requirement in over a period of time. Staff was not clear whether there was a consensus by Council on that so they did not incorporate that into the language. Staff is prepared to add language to make that work. Councilmember Bolkcom stated she was surprised to see this on the agenda tonight as she thought this would be discussed at a conference meeting. She asked what a public nuisance was and what would happen. Ms. Harris replied it is a misdemeanor and it is something that they would address either through police work or code enforcement. Mayor Lund stated they removed the stipulation about private land but they also said it could be considered a public nuisance on private property if they get complaints from surrounding neighbors. Ms. Harris said the clause is already in existence. Feeding waterfowl on private land is a public nuisance if it bothers the neighbors. Councilmember Bolkcom asked where it was in the City Code. Ms. Jones replied Chapter 110 of the City Code. FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2006 PAGE 8 Councilmember Wolfe stated he was surprised this was on tonight because they had so many questions the last time. He thought it would be nice to discuss it. Scott Hickok, Community Development Director, stated Chapter 110 already exists and it mimics the State statute as it relates to public nuisance. Councilmember Wolfe asked about cutting grass. He has been told they cannot do anything about it unless you can see it from the right-of-way. He asked if it could be enforced if it could not be seen from the right-of-way. Fritz Knaak, City Attorney, stated a public nuisance is one of the more difficult things to enforce because very often it seems difficult to define. It is always the fundamental premise that people have the right to enjoy their private property and have a right within reason to do whatever they want on their property. The nuisance clause is designed to prevent what you do on your property from harming someone else. Feeding birds by itself is innocuous enough but if it attracts rodents or if the high grass suddenly attracts a lot of rodents which could be a health hazard, that would be a public nuisance. "Reasonableness" is the key word here. It is probably not a nuisance for an individual to feed geese on her own property. If, on the other hand, there is a truckful of corn and you are dealing with hundreds of geese, you could have a health hazard. Councilmember Barnette stated he hated to see them pass any ordinance that they cannot enforce. William Burns, City Manager, stated this is a tool that they can use on public property when someone is repeatedly feeding geese. If he or she refused to cooperate with requests, a citation could be issued. Mayor Lund asked Councilmember Barnette if he had received any comments from the public. Councilmember Barnette stated he had. He spoke with one person who was very concerned with the Avian Flu. He had a couple of other people call who said the City could not stop them from feeding geese at Moore Lake. Mayor Lund stated he has received some comments from people. He asked staff whether there are other communities that have the same or similar ordinances relating to not feeding waterfowl. Ms. Harris replied, yes. She has information from Jim Cooper who is a professor of the University of Minnesota, Department of Fisheries and Wildlife. He works with the Community Canadian Goose Removal Program with the City of Fridley. Mr. Cooper indicated that Edina, Burnsville, Orono, New Brighton, and West St. Paul are cities that waterfowl feeding bans. He said ban sends an important message to the public. Dried-up bagels and Oreo cookies are not natural food for waterfowl. They need to eat plant food, and they should be migrating. Councilmember Billings said at the public hearing there was a comment made that it is highly unlikely that our police officers would be ticketing people. They would probably warn people and if they continually violated it, they might get ticketed. He said it comes down to the simple FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2006 PAGE 9 fact that, if you do not want to enforce the law, you do not pass the law. He has no problem with Section 6, but he does not think the time is right for Section 7. MOTION by Councilmember Billings to amend the ordinance by removing Section 7 and renumbering Section 8 as Section 7. Seconded by Councilmember Barnette. UPON A VOICE VOTE, COUNCILMEMBER BARNETTE, COUNCILMEMBER BILLINGS, COUNCILMEMBER WOLFE AND COUNCILMEMBER BOLKCOM VOTING AYE, AND MAYOR LUND VOTING NAY, THE MAYOR DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. MOTION by Councilmember Billings to waive the reading of the ordinance and adopt the ordinance as amended on first reading. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, COUNCILMEMBER BARNETTE, COUNCILMEMBER BILLINGS, COUNCILMEMBER WOLFE AND COUNCILMEMBER BOLKCOM VOTING AYE, AND MAYOR LUND VOTING NAY, THE MAYOR DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. 25. First Reading of an Ordinance Repealing Chapter 208 of the Fridley City Code Pertaining to Stormwater Management and Erosion Control (Text Amendment, TA #05-10, by the City of Fridley). Jon Haukaas, Director of Public Works, stated the purpose of this ordinance is to control or eliminate stormwater pollution along with soil erosion and sedimentation in the City of Fridley. It establishes standards and specifications for construction practices and planning activities which minimize stormwater pollution, soil erosion, and sedimentation. The public hearing for this was held on December 12, 2005. This eliminates the existing Chapter 208, Erosion Control, and adds language for stormwater management. Changes have been made to the proposed ordinance as presented on December 12, 2005, based on input received that night. No additional input or comments were received to date on that ordinance. The language regarding bumper strips has been eliminated from this ordinance and can be evaluated and addressed or not under the landscape maintenance ordinance. They looked at the wording regarding sweeping prior to weekends or holidays. They reworded that to read the developer must only sweep if sediment is present. They also changed the requirement to drain all roof gutters to a pervious area to making that only when practical. No land may be altered resulting in runoff causing erosion, flooding or deposits on adjacent properties. You cannot redesign such that it impacts your neighbors. The grading plan must provide details of volume of excess runoff, how much more is going to be coming off your property because of new impervious. The sit must be graded to the nearest storm structure or waterway. The new proposed ordinance is something that has essentially been enforced because of federal mandates over the years. This ordinance puts it in writing and matches what is being done across the metro, the state and even the nation. He made the suggested changes and sent a memorandum to Council for additional input. Staff felt they met the concerns of Council. FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2006 PAGE 10 Mayor Lund relayed a comment by a business owner in Fridley stating that at their existing facility none of their gutters drain to a pervious surface and there is asphalt or concrete around the entire building. He said could they create the slope of the parking as it exists today, hoping it goes to some swale, retention pond or something of that nature. Mr. Haukaas replied, yes, that is essentially what it is. They need to at least consider that in their design or redesign. There are so many different situations that are going to come up in every project, there is no way to list them out. This says you have to at least look at it. Mayor Lund asked what is considered reasonable. Mr. Haukaas stated there has to be some consideration that water goes to a pervious surface if practical. When there is an opportunity, they have to consider it. Councilmember Bolkcom stated she thought there might have been people at the meeting if they realized this ordinance was going to be before them. At the last meeting, Councilmember Billings mentioned if he is reproofing his house he would need to have his gutters run into his lawn. Mr. Haukaas said ordinance talks about redevelopment and actually has acreage limits. Councilmember Billings' house is not at least one acre. So it really would not apply. This is more for the larger, commercial developments. On the typical residential house, it does not apply. There are other portions where that is going to be looked at. They would ask in a residential redevelopment to consider it if there is an opportunity to do it. Councilmember Billings explained in his situation and it was not practical. Councilmember Bolkcom asked why there were so many ordinances at the last meeting. Mr. Haukaas replied the business owners do know about this. As far as so many ordinances coming at them all at once, a lot of them are related. There is no urgency other than the fact that they are long overdue. If there is more information needed, please ask them. William Burns, City Manager, asked if the downspout issue was really part of the buffer strip ordinance. Mr. Haukaas said it was not discussed under this ordinance. Dr. Burns stated that particular ordinance requiring a 20-foot buffer and requiring downspouts being directed towards pervious surfaces is not on this agenda and there are no plans to bring it back on this agenda, at least not in the immediate future. What they are dealing with are the development standards for stormwater or erosion control purposes that essentially have been informal standards for quite a long time. Mayor Lund asked at what point did the NPDES requirements come into play. FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2006 PAGE 11 Mr. Haukaas replied there have been standards in place for developments in excess of 5 acres for some time. Those standards have been lowered to 1-acre of disturbance. This proposed ordinance would catch us up to that. Councilmember Bolkcom asked so if she wants to do retaining walls in her backyard, that is considered a minor disturbance. Mr. Haukaas replied, correct. That is a minor land disturbing activity. There are other permits in place in the City of Fridley for some of those major ones. Some people can do a retainer wall with a shovel and a wheelbarrow. They consider that minor landscaping. It becomes a major project when you have a contractor and you are spending $50,000 on retaining wall stone. That does require a land alteration permit but unless you were disturbing more than an acre of land, you would not need the stormwater pollution control plan. Councilmember Bolkcom asked about the reference to sweeping sediment from the streets. It states streets must be cleaned and swept whenever tracking of sediment occurs. Sediment shall not be allowed to remain on the street if the site is to be left idle for weekends or holidays. So if for example the Fourth of July falls on a Tuesday, they have to sweep it up before the Fourth of July. Mr. Haukaas replied that is correct. If they are working on Monday and there is dirt all over the street and down the block, they must clean it up before the end of the day before they leave it idle on the ne� day. Councilmember Bolkcom asked if it does not say that to begin with. She asked what that had to do with a holiday. Mr. Haukaas replied they will often have situations where they will say, well, we are just off for one day. We will take care of it at the end of the week The City is saying, no, that is not acceptable. There has to be some intermediate cleanup dates. Holidays are very visible times when the City gets complaints from residents. MOTION by Councilmember Barnette to waive the reading of the ordinance and approve the ordinance on first reading. Seconded by Councilmember Billings. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE AND COUNCILMEMBER BILLINGS VOTING AYE, AND COUNCILMEMBER WOLFE AND COUNCILMEMBER BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED ON A 3 TO 2 VOTE. 5. Special Use Permit Request, SP #05-05, by Crosstown Signs, to Allow the Installation of an Electronic Changeable Sign at CVS Pharmacy, Generally Located at 5696 University Avenue N.E. (Ward 3). Councilmember Bolkcom stated she received an e-mail from an individual who lives in this immediate neighborhood who was concerned about the distraction of a changing sign. She also FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2006 PAGE 12 said there was a broken pole or something in this intersection and said it was a very busy intersections. She wanted to relate the citizen's comments and get any information she could. Julie Jones, Planner, said they recently approved a special use permit for a changeable electronic sign at the Holiday gas station on this same block She thought they would be in some legal trouble if they said traffic was bad at this site but not the one at the other end of the block. Councilmember Bolkcom stated she disagreed. This is an intersection where there is a lot of traffic. The Holiday station is not in the intersection. There is a lot of distraction on this corner because of all the activity in and out. Ms. Jones stated she would agree but her point is that a traffic count is not a condition in the City Code to get a special use permit. Councilmember Bolkcom stated but they can deny a permit for health and safety issues. Scott Hickok, Community Development Director, stated the City Code does have the provisions and allows the changeable message centers in this commercial district. Although he understands the neighbor's concerns, there is nothing e�raordinary about their request. It is set back a proper distance from their property lines. It is a size that is really by comparison quite a bit smaller than a lot of the changeable boards or message centers that they have seen. There cannot be any feature about a changeable sign that in any way distracts from the safety at that intersection. So anything that would flash or chase or somehow move or have the appearance of moving would not be permitted there. That really brings you back to the protection they have built in by not allowing the message to change more than every 45 seconds. From their review this sign meets all the criteria. Councilmember Bolkcom asked Mr. Hickok so he is saying it is far enough back so it is not a huge distraction for the traffic light? Mr. Hickok replied, yes, that is correct. Councilmember Billings asked if the City Code was changed from 45 seconds to 15 or 30 seconds, would the requirement for this sign also changed. Mr. Hickok replied the intent was to have it match the requirement or basically reiterate what the Code standard is. MOTION by Councilmember Billings to amend Stipulation No. 2 by striking the words "once every 45 seconds" and inserting "authorized under Section 214.07 of the Fridley City Code." Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2006 PAGE 13 MOTION by Councilmember Bolkcom to approve Special Use Permit Request, SP #OS-O5, by Crosstown Signs with the following four stipulations: 1. Petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 2. Message on L.E.D. section of sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 3. Message on L.E.D. section of sign shall never flash or have motion that may distract vehicular traffic in the area. 4. All free-standing signs shall be 10 feet from any property line or driveway. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. Resolution Revising the County State Aid Highway System (Ward 3). Councilmember Bolkcom asked if once a road becomes state aid, can Anoka County regulate the speed limit on this road. Mr. Haukaas replied they can. Councilmember Bolkcom stated she is concerned about the County changing the speed limit. Mr. Haukaas replied the County's control of that does not change at all. It is currently a county road. So it is just changing from a standard county road designation to county state aid highway designation. The only real change is their source of funding to do any projects on it. Their level of control of the speed limit does not change. MOTION by Councilmember Bolkcom to adopt Resolution No. 2006-03. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 17. Motion to Authorize the Fridley Senior Companion Program to Apply for CDBG Funding for the Period July 2006, Through December 2007. Councilmember Bolkcom said it states that we have to show that we are going to have an increase in our program growth. She asked if staff felt comfortable that we will show an increase. William Burns, City Manager, stated this is approximately the same amount of money we have requested in previous years, and he is assuming there will be a growth there to match the money. FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2006 PAGE 14 Councilmember Bolkcom asked if there had been growth from year to year. Dr. Burns said he did not know. Councilmember Bolkcom asked the City Manager to e-mail Council a response to her question. MOTION by Councilmember Bolkcom to authorize the Fridley Senior Companion Program to apply for CDBG funding for the period July, 2006, through December, 2007. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 1. First Reading of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to Curbing and Drainage Requirements (Text Amendment, TA #05-05), by the City of Fridley. MOTION by Councilmember Billings to waive the reading and adopt the ordinance on first reading. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 26. Informal Status Reports. Dr. Burns stated William Morris from Decision Resources will present the results of the citizens' survey on January 23. Mayor Lund said WinterFest will be held on Saturday, January 28. ADJOURN: MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 9:33 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor