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11/05/1990 - 000066031 � � 04 � T8E MINQTES OF THE RSGULAR MEETING OF THL FRIDLSY CITY COONCIL OF NOVEMBSR 5. 1990 The Regular Meeting of the Fridley City Counail was called to order at 7:30 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBER5 PRESENT: MEMBERS ABSENT: Mayor Nee, Councilwoman Jorgenson, Councilman Fitzpatrick and Councilman Billings Councilman Schneider Councilwoman Jorgenson stated that Councilman Schneider had undergone surgery to open an artery and was in Abbott Northwestern Hospital, Room 3478. She stated that he is expected to be home this week and, hopefully, back on the Council shortly. PRESENTATION OF PROCLAMIITION: CATHY NELSON DAY, NOVEMBER 7. 1990: Mapor Nee read and issued a proclamation proclaiming November 7, 1990 as Cathy Nelson Day in the City and encouraged Fridley residents to attend a reception in her honor on November 7 at the Fridley High School. He stated that Cathy was named the 1990 Minnesota Teacher of the Year and, in 1988, also reaeived the TOPS and Teacher of Excellence Awards. He stated that the City is proud to have a teacher of her caliber in the community. APPROVAL OF MINUTES: COUNCIL MEETING. OCTOBER 15. 1990: MOTION by Councilman Billings to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Fitzpatrick to adopt the agenda as submitted. Seconded by Councilwoman Jorgenson. MOTION by Councilman Billings to amend the agenda to include the following: (17A) Discussion of Rules for Proceedings of the Council. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. U4� FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 5 1990 PAGE 2 � UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISITORS: There was no response from the audience under this item of business. OLD BUSINESS• 1. ORDINANCE NO. 958 RECODIFYING THE FRIDLEY CITY CODE. CHAPTER 602, ENTITLED "BEER LICENSING." BY AMENDING SECTION 602.08.05: Mr. Hill, Public Safety Director, stated that this ordinance would specify gambling prohibitions in beer establishments which has previously been City policy or administrative interpretation. MOTION by Councilman Fitzpatrick to waive the second reading of ordinance No. 958 and adopt it on the second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting sye, Mayor Nee declared the motion carried unanimously. 2. ORDINANCE NO. 959 RECODIFYING THE FRIDLEY CITY CODE. CHAPTER � 603. ENTITLED "'INTOXICATING LIOUOR." BY AMENDING SECTIONS 603.10.7 AND 603.24: Mr. Hill, Public Safety Director, stated that this is basically a housekeeping item to keep the City's ordinance current so that it is not in conflict with the State statute regarding gamblinq prohibitions. He stated that it also establishes the rent which increased from a maximum of $100 per week to $600 per month. MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance No. 959 and adopt it 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. 3. SPECIAL USE PERMIT. SP #90-15. BY AL SCHRADER, TO ALLOW REPAIR GARAGES: TO ALLOW AUTOMOBILE SERVICE STATIONS AND MOTOR VEHICLE FUEL AND OIL DISPENSING SERVICES; TO ALLOW MOTOR VEHICLE WASH ESTABLISHMENTS; TO ALLOW EXTERIOR STORAGE OF MATERIALS AND EQUIPMENT. ALL ON IATS 1 THROUGH 9, BIACK 1, CEN'�RAL VIEW MANOR. AND IAT 3. BLOCK 1. CENTRAL VIEW MANOR, 2ND ADDITION. GENERALLY LOCATED AT 7355 HIGHWAY 65 N.E. {TABLED 10/15/901: Ms. Dacy, Planning Coordinator, stated that this special use permit � covers a variety of automotive related uses which would be located in an auto mall development. She stated that two buildings totaling 26,000 square feet would house these uses. She stated � � � Vv� FRIDLEY CITY COQNCIL MEETINQ OF NOVEMBER 5, 199G PAGE 3 that in conjunction with this special use permit, there is also a request to rezone a portion of the property from M-1 to C-3. Ms. Dacy stated that this item was tabled to allow staff to research what stipulations could be placed on this special use permit reqarding the generation of odors from the automotive buildinq tenants. She atated that there was also a concern regarding noise. Ms. Dacy stated that in addition to the sixteen stipulations recommended by the Planning Commission, staff is proposing three additional stipulations. She stated Stipulation No. 17 requires that the HVAC and odor venting systems shall be designed with all possible design features and equipment that is economically available to eliminate to the greatest extent any possible odor emissions from the auto mall or its individual tenants. She stated that odor venting systems for automotive painting, detailing, or finishing tenants shall meet NFPA, EPA, and UFC construction and installation requirements. Ms. Dacy stated that under Stipulation No. 18, if a problem were to occur in the auto mall, Minnesota Pollution Control Agency rules and regulations would be imposed. She stated that these rules contain the odor emission standards, attd this procedure is similar to the one used for the Central Roofing Company complaint in 1987. She stated that failure to meet the MPCA odor standards shall be a basis for revocation of the special use permit. Ms. Dacy stated that Stipulation No. 19 states that doors on the north side of the building shall be closed when vehicles are being serviced or when noise is generated. She stated that the Planning Commission also recoamended that tenants that contribute to odor emissions shall be located along the east side of the eastern most building on the site. Ms. Dacy stated that the Council discussed some amended language to Stipulation No. 16 regarding the annual review process, and staff has worked with the petitioner who agrees with an occupancy of ninety percent. Ms. Dacy stated that a letter was sent to residents of the trailer park to the north alerting them that this item was tabled at the last meeting and would be considered this evening. She stated that staff recommends approval of the special use permit with the sixteen stipulations recommended by the Planning Commission in addition to staff's three stipulations. Mr. Mike Schrader, representing the petitioner, stated that all of the stipulations were acceptable. Mr. Mitch DeMars stated that he wanted to let the Council know that he is strongly opposed to any extension of the service road. He U5i FRIDLBY CITY COIINCIL MEETINQ OF NOVEMBER 5. 1990 PAGE 4 � stated that he understood it would be extended in 1992. He stated that he opposes the extension as it would hurt some of their tenants in the trailer park. Mayor Nee stated that the Council has not taken a position regarding the extension of the service road. Mr. DeMars stated that he felt if the auto mall survives, the extension of the service road would be discussed in the future. Ms. Dacy stated that there may have been a misunderstanding, as she stated at the Planning Commission meeting, that in 1992 the upgrade of the signalization at 73rd Avenue would be completed. She stated that at no time did she state the City had plans to extend the service road in 1992. Mr. DeMars stated that he understood it was stated at the Planning Commission meeting that the service road was to be constructed in 1992. MOTION by Councilwoman Jorgenson to grant Special Use Permit, SP #90-15, with the following stipulations: (1) the rezoning request, ZOA �90-D5, shall be agproved; (2) the petitioner shall submit grading and drainage plans of calculations approved by the Rice � Creek Watershed District prior to issuance of the building permit; (3) the petitioner shall submit a revised landscape plan prior to the issuance of the building permit, indicating the following changes: (A) reduce the berm at the intersection of 73 1/2 Avenue and Viron Road; (B) add six additional Linden trees somewhere on site; and (C) the wood screening fence along the north property line is currently unnecessary. However, the petitioner shall install a screening fence along the north property line if the existing fence should for some reason be removed or damaged; (4) the petitioner shall submit an irrigation plan prior to issuance of the building permit; (5) the petitioner shall dedicate to the City a ten foot easement parallel to the east right-of-way line of Viron Road; (6) the petitioner shall combine the lots for tax purposes; (7) there shall be no exterior storage of junk vehicles, tires, or trailers. Vehicles waiting to be serviced shall be allowed to be stored overnight, provided they are currently licensed and street operable; (8j any auto body repair and painting facility and/or detailing facility shall be required to obtain its own special use permit. Auto body repair and painting tenants shall comply with EPA regulations to control odor emissions and hazardous materials; (9) there shall be no repair of automobiles before the hour of 7:00 a.m. and after the hour of 9:00 p.m.; (10) rooftop equipment shall be screened; (11) the petitioner shall submit a comprehensive sign plan for City Council approval; (12) tenants who contribute to odor emissions shall be located along � the east side of the eastern most building on the site; (13) the petitioner shall apply for a special use permit for any auto rental tenants; (14) a park fee of $.023 per square foot shall be paid at �5� FRIDLEY CITY COIINCIL MEETINd OF �OVEMHER 5. 1990 PAGS 5 ' the time of building permit; (15) the petitioner shall work with the Minnesota Department of Transportation to stripe a right turn lane to 73 1/2 Avenue on Highway 65; (16) compliance with the special use permit shall be reviewed after the project reaches 90 percent occupancy. The permit shall be reviewed annually thereafter up to five years; (17) the HVAC and odor venting systems shall be designed with all possible design features and equipment that is economically available to eliminate to the greatest extent any possible odor emissions from the auto mall or its individual tenants. Odor venting systems for automotive painting, detailing, or finishing tenants shall meet NFPA, EPA, and UFC construction and installation requirements; (18) in the case of automotive painting, detailing, or finishinq tenants, odor emissions will be evaluated in accordance with the standards established by the Minnesota Pollution Control Aqency, specifically Section 7005.0900 through Section 7005.0960. Failure to meet the MPCA odor standards shall be a basis for revocation of the special use permit; and (19) doors on the north side of the buildinq shall be closed when vehicles are being serviced or when noise is generated. Seconded by Councilman Fitzpatrick. MOTION by Councilman Hillings to amend the above motion as follows: Under Stipulation No. 17, add a comma at the end of the first sentence and add the words "including the restaurant." Further, , to add the £ollowing sentence at the end of Stipulation No. 17: "Venting shall be located in the area of the building that is the furthest distance from any residential neighborhood." Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 4. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE C�TY OF FRIDLEY. MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (TABLED lOf 151901: MOTION by Councilwoman Jorgenson to waive the reading and approve the ordinance on first reading. Seconded by Councilman Fitzpatrick. Counoilman Billings asked if the lots to be rezoned were 7, S and 9 which included the auto mall project, except the restaurant portion. Ms. Dacy answered in the affirmative, UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. , V � J FRIDLEY CITY COUNCIL MEETING OF NOVEMSER 5 1990 PAGE 6 1 5. APPOINTMENT TO THE APPEALS COMMISSION fTABLED 10/15/901: MOTION by Councilwoman Jorgenson to table this item. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion car�ied unanimously. NEW BUSINESS• 6. RESOLUTION NO 88-1990 PROVIDING FOR PUBLIC SALE OF $1 615,000 GENERAL OBLIGATION WATER REVENUE BONDS. SERIES 1991A: Mr. Pribyl, Finance Director, stated that these bonds would be issued for the purpose of financing various improvements to the water utility including the construction of the 1.5 million gallon water tank. He stated that total construction costs are $1,593,994 and the bonds would be dated January 1, 1991 for a twenty year period. He stated that all projects have previously been identified in the capital improvement program. Mr. Burns, City Manager, stated that there is a five percent limitation in regard to borrowing and asked how this would affect HRA borrowing. Mr. Pribyl stated that this would not restrict any ARA borrowing. � He stated that, however, an issuance of over $5,000,000 in 1991 may result in the City having to rebate arbitrage earnings so this would have to be watched. MOTION by Councilman Billings to adopt Resolution No. 88-1990. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RESOLUTION NO. 89-1990 PROVIDING FOR PUBLIC SALE OF $1.020,DD0 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1991B: Mr. Pribyl, Finance Director, stated that proceeds from these improvement bonds will fund the assessable portions of nine projects completed or underway within the City. He stated that the projects included are Nos. 183 and 188, Water, Sanitary and Storm Sewer; Street Improvement PYOjects for 1988, 1989, and 1990, and Water and Sewer Project No. 210. He stated these projects total $989,131. MOTION by Councilman Fitzpatrick to adopt Resolution No. 89-1990. Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � , �5� FRZDLEY CITY COUNCIL MEETING OF NOVEMBER 5. 1990 PAGE 7 S. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTO$ER 24. 1990: A. SPECIAL USE PERMIT, SP #90-17. BY LYNN AND CHRISTINE HANSEN, TO ALLOW AN ACCESSORY BUILDING IN THE CRP-2 DISTRICT (FIAOD FRINGEI ON IAT 13. BIACK 4, RICE CREEK PLA2A NORTA ADDITIQN, GENERALLY LOCATED AT 230 RICE CREEK BOULEVARD N.E.: Ms. Dacy, Planning Coordinator, stated that this special use permit is requested in order to construct a storage shed in the flood frinqe district. She stated that the Planning Commission recommended approval of the special use permit with two stipulations, which she outlined. MOTION by Councilman Billings to grant Special Use Permit, SP #90-17, with the following stipulations: (1) the petitioner shall execute a hold harmless agreement to release the City from any liabilitiy or damages to the accessory building prior to the issuance of a building permit; and (2) any materials which could cause potential water contamination such as fertilizers, gasoline, oil, pesticides, etc., shall not be stored in the storage shed. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. ESTABLISH A PUBLIC HEARING FOR NOVEMBER 19. 1990. ON PROPOSED LAND5CAPE AMENDMENTS TO THE ZONING CODE: MOTION by Councilman Billings to set the public hearing for November 19, 1990 on the proposed landscape amendments. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MoTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission Meeting of October 24, 1990. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. ESTABLISH A PUBLIC HEARING FOR NOVEMBER 19.1990, ON AN ORDINANCE TO COLLECT A RECYCLING FEE: MOTION by Councilwoman Jorgenson to set the public hearing for November 19, 1990 regarding the collection of a recycling fee. 5econded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. APPROVAL OF MOTION FOR A SUPPLEMENTAL APPROPRIATION FROM THE STORM WATER RESERVE TO THE 1990 STORM WATER PROJECT FOR THE 52ND AVENUE STORM DRAIN EXTENSIQN: MOTION by Councilman Billings to approve a supplemental appropriation of $5,300 from the Storm Water Reserve to the 1990 Storm Water Project for the 52nd Avenue storm drain extension. � I� � �� FRIDiBY CITY COIINCIL MEETZNQ OF NOVEMBER 5. 1990 YAGE 8 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. APPROVAL OF PROPOSED 1991 AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE ANOKA COUNTY COMMUNICATIONS WORKSHOP: MOTION by Councilman Fitzpatrick to approve the 1991 agreement with the Anoka County Communications Workshop. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. RESOLUTION NO. 90-1990 IN SUPPORT OF AN APPLICATION FOR A LAWFUL GAMBLING LICENSE TO THE CHURCH OF THE IMMIICULATE CONCEPTION: MOTION by Councilwoman Jorgenson to adopt Resolution No. 90-199D. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RESOLUTION NO. 91-1990 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE CAPITAL IMPROVEMENT FUND, PARK IMPROVEMENT DIVISION: MOTION by Councilman Billings to adopt Resolution No. 91-990. Seconded by Councilwoman Jorgenson. Upon a voiae vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RESOLUTION NO. 92-1990 APPROVING PLAT. P.S. #89-01. SULLIVAN'S OVERLOOK• Ms. Dacy, Planning Coordinator, stated that this plat creates two lots generally located at 1161 Regis Lane. She stated that at the October 15, 1990 meeting, the Council approved a registered land survey to clear the legal description and title problems. Ms. Dacy stated that the Planning Commission, on May 17, 1989, recommended approval of this plat with two stipulations which she outlined. MOTION by Councilwoman Jorgenson to adopt Resolution No. 92-1990, with the two stipulations attached as Exhibit A. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO. 93-1990 APPROVING PLAT, P.S. #90-04. TARGET NORTHERN DISTRIBUTION CENTER 2ND ADDITION: MOTION by Councilman Billings to adopt Resolution No. 93-1990, with the seven stipulations attached as Exhibit A. Seconded by Councilman Fitzpatrick. Ms. Dacy, Planning Coordinator, stated that in regard to Stipulation No. 1, there is an error and the Boston ivy shall be � 05� �RIDLEY CITY COUNCIL MSETINQ OF NOVEMHER 5. 1990 PAGE 9 planted 8 feet or 96 inches on center, rather than 24 inches on center. MoTION by Councilman Billings to amend Stipulation No. 1 in Exhibit A by substituting 96 inches rather than 24 inches. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 16. RESOLUTION NO. 94-1990 DESIGNATING TIME AND NUMBER OF COUNCIL MEETINGS: MOTION by Councilwoman Jorgenson to adopt Resolution No. 94-1990. Seconded by Councilman Billinqs. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. INFORMAL STATUS REPORTS: MATTERHORN CIRCLE - STREET LIGAT: Mr. Burns, City Manager, stated that a decision on a street light for this particular cul-de-sac could set a precedent for street � lights in cul-de-sacs throughout the City. He stated that he would like the matter to be discussed by the full Council. LOCKE LAKE UPDATE• Mr. Flora, Public Works Director, stated that the City removed the aoncrete material in one culvert on October 24 that controlled the level of Locke Lake. xe stated that in the process, the water level of Locke Lake was dropped, and there is no lake but only Rice Creek running through the area. Mr. Flora stated that there will be a meeting on November 13 at 3:00 p.m. at the Municipal Center regardinq improvements proposed for Locke Lake. He stated that there will be representatives present from the Rice Creek Watershed District, Anoka County's Highway Department, Park Department, and Soil and Water Conservation District, the Department of Natural Resources, the Army Corps of Engineers, the Board of 5oi1 and Water Resources, and the Locke Lake Homeowners Association to assure that all the necessary requirements for the Locke Lake project are pursued. He stated that a draft report is expected in April or May with action to be determined in June, 1441. Councilwoman Jorgenson asked if the general public is invited to attend this meeting. � � � J w - ,� l �RIDLSY CITY COUNCIL MEETIN(i OF NOVEMBER 5. 199� PAGE 10 Mr. Flora stated that it is a meeting more for staff to identify the requirements for the project; however, the general public could attend if they so desired. Councilman Billings asked what effect the removal of the concrete will have on what is remaining of the dam. Mr. Flora stated he felt that by removing the concrete, it reduced the pressure so there probably will not be any further deterioration of the box culverts. ADULT BUSINESSES: Mr. Burns, City Manager, stated that the Council has discussed the possibility of a sex related business ordinance. He stated that this item would be discussed before the Planning Commission at their December meetinq. He stated that staff is working with Anoka County to try to establish a joint approach relating to sex oriented businesses. He stated that staff is also continuing work regarding an amendment of the State Obscenity Statute to deal with businesses that the current statute does not address. Mayor Nee asked if the language of the licensing ordinance would be included in the zoning ordinance. Mr. Herrick, City Attorney, stated that, presently, he prefers to have a separate chapter in the code that deals with sex related businesses and that it be similar to provisions the City has for on-sale liquor licenses. iie stated that the chapter would outline the requirements for obtaining a license and who is eligible. He stated that it would indicate the distance such an establishment must be from residential areas, parks, playgrounds, schools, and churches and will provide the procedure for obtaining a license and for suspension or revocation of a license. Mr. Herrick stated that, in addition, there will be some amendments to Chapter 205 of the Zoning Code to indicate in which of the several zones this type of business is permitted. He stated that there will likely be an amendment to Chapter li, the fee chapter, which will outline the £ees. He stated that it will primarily be in its own chapter, but there will be a need for some changes in Chapter 11 and Chapter 205. 17A. CONSIDERATION OF RULES FOR PROCEEDINGS OF THE COZ7NCIL: Mayor Nee stated that there is some question if there should be a formal statement of Council rules. He stated that if the rules of the Council do not speak on the question, then, generally, Roberts' Rules apply. Councilman Billings stated that on October 1, 199D, and prior to this meeting, he requested that the City Manager place an item on 058 FRIDLEY CITY COUNCIL ltEETING OF NOVEMBER 5, 1990 PAGE 11 � the agenda. He stated that the item was on the agenda under Informal Status Reports. He stated that, to his surprise, apparently the rules of the Council are that no action is taken unless the specific item is on the agenda. Councilman Billings stated that in reviewing the minutes over the last three years, there are a number of motions where action was taken. He stated that Councilman Schneider has made motions to request or direct staff to do certain things. He stated that he is confused as to the rules, particularly when he requested that the item be placed on the agenda and it was placed where he did not know it could not have an action taken. He stated that he wanted a discussion of the rules, as he doasn't want to play a game where he does not know the rules, as it puts him at a disadvantage. Councilman Billings stated that in Roberts' Rules of Order anyone can make a motion at any time for action or to table. He stated that it is appropriate if you are discussing an item to make a motion in regard to it. FIe stated that there must be some rules the Council adopted along the line in addition to Roberts' Rules of Order and wanted to be informed of those rules. Councilwoman Jorgenson stated, basically, her understanding is that items that are not on the agenda are not up for action. She stated � that the Informal Status Reports is something new where citizens come and request an updated staff report on issues. She stated that there was some discussion on whether the Council would allow action items under In£ormal Status Reports. She stated that she and Councilman Schneider both agreed they would like to receive additional staff input and consider it at another point in time. She stated that she did not think anyone was trying to change the rules, but maybe the issue is clouded as to what rules apply. She stated that she apologizes if Councilman Billings was slighted because that was not the intent. She stated that if the Council is going to take action on items that are not an agenda item, it has to be discussed. She stated that from the information given regarding rules of other councils in local communities, it is obvious they are all handled differently. She felt that the Council, as a body, would have to discuss it. Mayor Nee stated that this puts a burden on him to spell out on paper what he has been doing instinctively. He stated that he would just as soon have the Council adopt its own rules. Mr. Herrick, City Attorney, felt that before any rules are adopted, he would like his office to review them to make sure they do not violate any State statute or notice requirements for open meetings. Councilman Billings stated that he is not asking anyone to work to � create any rules or for the City Attorney to review new rules. He stated that he has a fairly decent handle on what the Council has been doing. He stated that, in a nutshell, it boils down to - 05� FRIDLBY CITY COIINCIL MEETINa OF NOVEMBER 5, 1990 PAGE 12 � Roberts' Rules of Order. He stated that the only provision is that if items came under Open Forum, the Council took the position not to take action on those matters. He felt that is the correct position because it is generally new material that is presented. He stated that he did not see a need to modify Roberts' Rules of Order, exclusive of the Open Form. He stated that in terms of the Informal Status Reports, the item he requested be placed on the agenda, which was the stop sign on Trollhagen, was placed under Informal Status Reports. He stated that he was prepared to make a recommendation to the Council. He stated that prior to discussing this item, he made a motion relating to Ashton Avenue that was ruled out of order. He stated that he did not feel that, other than new items that are presented under Open Forum, a motion for action under Informal Status Reports was out of order. He stated that if any member of the Council is not comfortable with the motion, they could move to table it. He felt that they did not need to do any tremendous modifications. Mayor Nee felt that if that is the problem, it could be settled. He stated that in regard to the Ashton Avenue motion, it was not Councilman Billings' ward. Councilman Billings pointed out that the Ward Councilmember was quick to second his motion. � Mr. Herrick stated that, clearly, the Council can adopt their own rules. He stated that, in doing so, the Council should bear in mind that Roberts' Rules of Order are not drawn specifically for publio bodies. He felt that perhaps there should be some modifications because of the fact that the Council is a public body. Iie questioned that, for instance, would the Council be able to propose and adopt a salary increase without placing it on the agenda. He thought that probably legally they could do it. Whether it would be the thing they would want to permit he feels is questionable, He stated it seems to him that anything of any substance should be placed on the agenda so people in the community have some advance notice to be present and e�ress themselves. He stated if there are items that are acted on by the Council that are never placed on the agenda, you limit the input of citizens. Mayor Nee felt there should be some provisions that probably set a higher voting criteria for items that are not on the agenda. He stated that the issue is really how items come before the Council. Councilman Billings stated that the other aspect is more the spontaneous motion or action items. He stated that in the example cited by the City Attorney, it probably would be inappropriate, but at the same time, the five persons elected by the voters have enough intelligence that they would not do such a thing. He stated � that in terms of spontaneous motions, he asked that they all be treated alike. He stated that there are times the Council is discussing items on the agenda, a motion is made to request or �6U FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5, 1990 PAGE 13 ' direct staff to do certain things, which are sometimes related, and some of those are accepted and other tiraes spontaneous motions are not acoepted and ruled out of order. He stated that he is sure everyone has attended meetings where spontaneous motions come up under new business and were acted on. Councilwoman Jorgenson felt that aonsideration has to be given as to what criteria is used where the Council can or cannot take action under Informal Status Report items. She questioned whether these would be emergency items or what type of items would be considered where action may be appropriate immediately or delayed. Mr. Herrick stated that maybe part of the problem is perhaps trying to differentiate between requesting the staff to do something and taking actions that are beyond that scope. He stated that he really did not know how to differentiate. He stated that, for instance, if one of the Councilmembers wanted a member of staff to give them some in£ormation, he did not think it needed to be on the agenda, and if it probably doesn't require a motion, then it could be a request. He felt that perhaps some thought should be given to attempt to differentiate between those sorts of things. Mr. Burns, City Manager, stated that the City of Minnetonka's ordinance addresses that subject to some extent. � Mayor Nee stated that to simply take an item that has not been on the agenda for action, he would think is out of order. He stated that the case in point is what is covered under Informal Status Reports. He stated that he has had a problem over the years how items are placed on the agenda. He stated that some are required, but some are discretionary. He stated that there are organizations that have agenda meetings several days in advance of their regular meeting. He stated that an alternative may be for the Council to have an agenda meeting. He suggested that he and the City Attorney attempt to work something out. Councilman Billings stated that Mr. Tinklenberg made a presentation to the Council under Open Forum regarding the Anoka County Traveler. He stated that Mr. Tinklenberg's intent was to obtain a sense from the Council if they were supportive of the Anoka County Traveler. He stated that this was an instance where the Council could not create an agenda item for action until they heard the presentation. He stated that without an action item to place on the agenda, the City Manager placed Mr. Tinklenberg under the Open Forum of the agenda. He stated that Mr. Tinklenberg left without knowing if the Council supported his idea. He stated that he did not think it was necessary for Mr. Tinklenberg to wait for several weeks and felt a motion could have been made that evening to instruct the City Manager to draft a letter indicating the � Council's support. He felt this was something that did not need ' �s� FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5. 1990 PAGE 14 notice to the citizens. He felt there are some things that come up that are informal enough that action could be taken at the moment. Mayor Nee stated that it depends on the nature of what the Council is going to take the action on or if it is something they need to think about for several weeks. Councilwoman Jorgenson stated that because of public input, sometimes the Counail may change their minds even though an item is on the agenda. She asked how it is determined if an item is important and needs action immediately or if it can wait for several weeks. She stated that she did not know how to simplify it. Counailman Billings stated that if Coucilwomen Jorqenson needs every motion laid out on paper, then this is how it should be done. He stated that he felt Councilwoman Jorgenson is missing the whole point and requested they proceed to the next agenda item. 18. CLAIMS: MOTION by Councilman Fitzpatrick to authorize payment of Claims No. 34557 through 34819. Seconded by Councilwoman Jorgenson. Upon a ' voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. LICENSES• MOTION by Councilwoman Jorgenson to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. ESTIMATES• MOTION by Councilman Fitzpatrick to approve the estimates as submitted: Insituform Central, Inc. 17988 Edison Avenue Chesterfield, MO 63005 5torm Sewer Pipe Repair Project No. 209 (Onondaga Street) FINAL ESTIMATS . . . . . . . . . . . . . . . $ 38�801.20 � � ' � �6ti FRIDLEY CITY COIINCIL MEETIN4 OF NOVEMBER 5 1990 PAGE 15 Keys Well prilling Company 413 North Lexington Parkway St. Paul, MN 55104 Monitoring Wells at Commons Park, Project No. 208 FINAL 88TIMATE . . . . . . . . . . . . . . . $ 12,159.00 Herrick & Newman 205 Fridley Plaza Office Bldg. 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Attorney £or the Month of October, 1990 .. Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Bldg. 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of August, 1990 AEC Engineers & Designers 511 - 11th Avenue South Minneapolis, MN 55415 . . . $ 6,276.28 $ 8,030.00 Phase II - 3 MG Concrete Reservoir Repair Project No. 200 (Inspection Services) Partial Estimate . . . . . . . . . . . . . . $ 7,598.07 Lindahl & Carlson 1821 University Avenue Suite N318 St. Paul, MN 551D4 199D Miscellaneous Concrete Curb, Gutter & Sidewalk Project Estimate No. 4 . . . . . . . . Western Waterproofing 2838 Stevens Avenue South Minneapolis, MN 55408 Phase II - 3 MG Concrete Reservoir Repair Project No. 200 Estimate No. 2 . . . . . . . . . . $ 3,120.75 . . . . . $115,403.76 � � � U 6 �> FRIDLEY CITY COIINCIL MBETING OF NOVEMBER 5, 1990 PAGE i6 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MoTION by Councilman Billings to adjourn the meeting. Seconded by Councilman Fitzpatrick. 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 5, 1990 adjourned at 9:00 p.m. Respectfully submitted, �� %��'�_ �_� � - Carole Haddad Secretary to the City Council Approved: L�-�'�-�- �-1'�� William J. Nee Mayor