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04/19/1993 - 00004976� � THE MINIITES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF APRIL 19, 1993: The regular meeting of the Fridley City Council was called to order at 7:38 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• MEMBERS PRESENT MEMBERS ABSENT APPROVAL OF MINUTES: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider, and Councilman Fitzpatrick. None. BOARD OF REVIEW MEETING, APRIL 5, 1993: MOTION by Councilwoman Jorgenson to approve the Board of Review minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CITY COUNCIL MEETING. APRIL 5, 1993: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslyo ADOPTION OF AGENDA: MOTION by Councilwoman Jorgenson to adopt the agenda as submitted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PROCL�MATION• FRIDLEY-KRASNOYARSK FRIENDSHIP DAYS Mayor Nee issued a proclamation proclaiming the weeks of April 19 and May 3, 1993, as Fridley-Krasnoyarsk Friendship Weeks, in honor of the twenty Russian students who are visiting Fridley. He indicated that he hoped that Council would have an opportunity to meet the students. Mr. Hunt, Assistant to the City Manager, replied that they would, � as there was a reception scheduled at the Municipal Center on Thursday, April 22, 1992, between 9:00 and 10:30 a.m. He stated that the public was also invited. 1 � � FRIDLEY CITY COUNCIL MEETING OF APRIL 19, 1993 Paqe 2 OPEN FORUM, VISITORS: There was no response from the audience under this item o£ business. PUBLIC HEARINGS: 1. PUBLIC HEARING ON THE ISSUANCE OF A LIQUOR LICENSE TO T.R. McCOY'S: MOTION by Councilman Fitzpatrick to waive the reading of the publie hearing notice and open the public hearing, Seconded by Counoilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:46 p.m. Mr. Pribyl, Finance Director, indicated that under Minnesota law transferring a liquor license requires a public hearing. He stated that the application from T. R. McCoy's was in ordere Mayor Nee asked if there was a police report. Mr. Pribyl stated there was and that the Police Department had no problems with the new liquor license transfer. Mayor Nee asked if the new owners were present at the meetinge Mr. Pribyl replied that Mr. Thomas Ryan was in the audience and available for questions. Councilwoman Jorgenson indicated that in the future, she would like to see a copy of the full application for liquor license applicants. Mr. Ryan described the business. He said he is a Roseville resident and is a former owner of Park Side Lounge on the east side of St. Paul. He has also been a manager of Old Mexico, and Blacky's restaurant, as well as Champ°s in St. Paul. He indicated that he is interested in T. R. McCoy's because it is more of a family restaurant in a night club setting. Counailmember Billings asked Mr. Ryan if he was going to change the name of the building. Mr, Ryan stated that he was not. Councilmember Billings asked if Mr. Ryan anticipatecl any format changes. Mr. Ryan indicated that changes would be made but that they would be made gradually. He said he expected to change the menu every FRIDLEY CITY COUNCIL MEETING OF APRIL 19, 1993 Pa4e 3 � six to eight months. He indicated that there would be no dramatic change in the cuisine that is being offered, such as transforming the restaurant into an Italian restaurant. Councilmember Billings asked what happened to the other T. R. McCoy'S. Mr. Ryan replied that the other T. R. McCoy's was located in Woodbury and was sold to a different owner and had a new name. Councilman Schneider asked if we were still requiring information on liquor versus the ratio of liquor to food sales. Mr. Pribyl replied that we were, and that the ratio of liquor to food sales for T. R. McCoy's was in the required parame�ers. Mr. Ryan stated that T. R. McCoy's has been achieving a ratio of 35 percent to 65 percent liquor to £ood sales. Councilman Schneider asked if there were any current problems indicated on the background check conducted by the Police Department. Mr. Pribyl replied that no problems were indicated by the Police � Department. Councilwoman Jorgenson asked Mr. Ryan when the opening was. Mr. Ryan replied that they were open at the current time. He thanked the City Council for their time. No other persons in the audience spoke regarding the liquor license application of T. R. McCoy's. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:54 p.m. 2. PUBLIC HEARING TO AMEND CHAPTERS 113 OF THE FRIDLEY CITY CODE ENTITLED, "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION." CHAPTER 220 ENTITLED, 11RESIDENTIAL, RENTAL AND CONDOMINIUM COMMON AREA MAINTENANCE." AND CHAPTER 11 ENTITLED, °GENERAL PROVISIONS AND FEES:1° MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the public hearing opened at � 7:55 p.m. FRIDLEY CITY COUNCIL MEETING OF APRIL 19, 1993 Paqe 4 � Ms. Dacy, Community Development Director, explained that in recommendinq this legislation, we were attempting to meet the requirements contained in State laws. She indicated that in extending solid waste collection to multi-family units, we would also be helping to meet the tonnage requirements established by Anoka County. Ms. Dacy indicated that in addressing recycling in multi-family units, a three-part strategy had been adopted. The first part of the strategy is to require the owners of multi-family apartment �uildings having between five and twelve units to pay an eighty- three cent per unit quarterly solid waste abatement fee. The second part of the strategy is to require the owners of buildings having thirteen or more units to contract for recycling services and produce a copy of the contract when applying for their annual rental license. The third part of the strategy is to require recycling haulers to report their recyclables by weight and type of material on a quarterly basis. Ms. Dacy described her meetings with the owners of apartment units and indicated that letters had been mailed by Lisa Campbell, Recycling Coordinator, to all renters in the City of Fridley. � Mr. Harold Morrow, from River Falls, Wisconsin, stated that he is the owner of 5440 Seventh Street, a thirty-four unit apartment buildinga Mr. Morrow thought that extending recycling �o multiples was a good idea. He asked, however, why we did not include the thirty-four unit size apartment buildings under the units that were covered by our recycling hauler. Ms. Dacy said that it would be more cost-effective for Mr. Morrow to hire his own contractor than to pay the City's fee. She said that Ms. Campbell had conducted a financial analysis and determined that twelve units was the point where it was more cost-effective to allow the owners to contract out individually. Mr. Morrow asked if we had a list of contractors and if we would assist in identifying recycling contractors. Ms. �acy replied by saying that they could approach their current solid waste contractor, or Supercycle, or call Ms. Campbell for names of other haulers. No other persons in the audience spoke regarding the amendment of Chapters 11, 113 and 22D of the Fridley City Code. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting � aye, Mayor Nee declared the motion carried unanimously, and the public hearing closed at 8:00 p.m. � � � FRIDLEY CITY COUNCIL MEETING OF APRIL 19, 1993 PaQe 5 3e PUBLIC HEARING ON PRELIMINARY PLAT REQUEST, P.S. #93-01, BY ANDERSON TRUCKING SERVICES INC.. TO REPLAT PROPERTY GENERALLY LOCATED AT 7699 CENTRAL AVENUE N.E.: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing, Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:01 p.m. Ms. Dacy, Community Development Director, indicated that the subject property was located at the intersection of osborne Road and Central Avenue N.E. in Fridley. She described the surrounding zoning. Councilman Schneider asked her to review the zoning to the east of the property. Ms. Dacy replied that the zoning to the east is both C-1 and R-1. She then indicated that the eleven-acre site is currently platted into five lots, and that the plat was approved in 1961. The owners are proposing to make a new plat that would reduce the number of lots from five to three. Ms. Dacy indicated that they are currently negotiating for the sale of Lot 1 to the Fridley Bus Company that is currently located on Main Street just north of Mississippi Street in Fridley, She indicated that the proposed building for the Fridley Bus Company will be 16,800 square feet, and that the company will be sharing a driveway with the owners of Lot 2. She stated that the Fridley Bus Company is anticipating a Phase II building of 13,200 square feet, and a Phase III building of 12,000 square feet. Ms. Dacy indicated that the Planning Commission had approved the plat request, subject to five stipulations, which she outlinede She stated that after review of the site plan presented by the Fridley Bus Company, nine additional stipulations were added by staff. Ms. Dacy said that the Planning Commission was concerned about the payment of water and sewer assessments for the five lots. She said that our analysis determined that the petitioner has paid the assessments except for the sewer assessment pertaining to Lots 2 and 3. She also indicated that documentation was found of an $817 payment, but that was for an engineering escrow account, not for a sewer assessment. She said that the escrow was a performance bond and was returned to the petitioner in 1972. Ms. Dacy indicated that the Planning Commission was concerned about the payment of a park dedication fee. She indicated that in the records, staff found an indication of a$75 park deposit check that ------------ FRIDLEY CITY COUNCIL MEETING OF APRYL 19, 1993 Paqe 6 � was paid in 1969, and have assumed that this constitutes the payment of the park dedication fee for the original plot. Ms. Dacy also indicated that the petitioner is proceeding to have some easements vacated and that the petitioner will be coming before the City Council sometime soon. Councilman Schneider indicated that he is concerned with repeating the problem that the Fridley Bus Company has had with its current residential neighbors. He noted that there are residents across the street from the proposed site, and wanted to know what assurances there were that there would not be the same problems with the neighbors. Ms. Dacy replied that this was discussed with the petitioner. She said the ordinance will require screening that will consist of an eight foot fence on top of a four foot berm. She indicated that the fence could also be constructed on the east side ot the parking area; however, no buses are to be parked there according to statements by Mr. Voigt. She said the petitioner does not want to construct one. She indicated that longer term, the future buildings on Lot 2 will screen the houses from the Fridley Bus Company. � Mayor Nee asked if the bus company plans to be situated on Lot 1 or Lot 2. Mr. Donald Voigt introduced himself and stated that he is the owner of the Fridley Bus Company. He said the initial building wili contain 16,800 square feet, and upon completion, will fiouse eighteen to twenty buses. The Phase II building will contain 13,200 square feet, and upon completion, will house 30 to 35 buses. He said it is his intention to house all the buses inside the buildings. The Phase III building will be 12,000 square feet and will permit expansion of his business, Councilman Schneider asked whether placing the buses under cover within buildings will correct the noise and fume problems that exist at tfie present building. Mr. Voigt said that it would. Councilwoman Jorgenson asked if the parking lot east of Lot 1 will be used. Mr. Voigt replied that it would be used for employee parking and occasionally for overnight bus parking, � Councilwoman Jorgenson asked Mr. Voigt if there would be problems getting buses on and off of Osborne Road. FRYDLEY CITY COUNCIL MEETING OF APRIL 19, 1998 Pa4e 7 � Mr. Voigt said there would be no problems and described the proposed traffic flow of buses on and off the proposed site. Councilwoman Jorgenson asked if both proposed driveways were on Osborne Road. Mr. Voigt indicated that they were. Mayor Nee asked how this related to the M-3 issue, Ms. Dacy stated that when the M-3 district was created, trucking terminals were eliminated from M-2 districts, Councilman Schneider asked if the neighbors were notified of the hearing tonight. Ms. Dacy replied that the neighbors on the east and west sides o£ the project were notified. Councilman Schneider asked if a special use permit was required for the project. Ms. Dacy stated that a special use permit was not required since � the petitioner told her that there would be no exterior storage of buses. Councilman Schneider asked where the requirements were written. Mso Dacy replied that they are written in the M-1 section of the zoning codee Councilman Schneider asked if it was Council's only opportunity to ask about the proposed operation. Ms. Dacy replied that it was. Mayor Nee asked what was proposed for Lot 2e Ms. Dacy stated that it was not known at this time. She then explained the use of Lot 3 and that Mr. Anderson is trying to market Lot 2. Councilman Schneider asked how the proposed use of the property conforms to the Central Avenue corridor pTan. Ms. Dacy stated that it was suggested that Council consider two alternatives for this area; an industrial alternative and a residential alternative. The residential alternative consists of � both townhouse and single family residential development. No other persons in the audience spoke regarding Preliminary Plat Request, P.S. #93-01, by Anderson Trucking Services, Inc, � FRIDLEY CITY COUNCIL MEETING OF APRIL 19, 1993 PaQe 8 MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion oarried unanimously and the public hearing closed at 8:25 p.m. PUBLIC HEARING ON STREET IMPROVEMENT PROJECT N0. ST. 1993 - 2: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:26 p.m. Mr. Flora, Public Works Director, described the streets that would be improved in the street reconstruction program and indicated where they were on a map. He also described the public information meetings held in tihe various neighborhoods where the street reconstruction projects were to take place. He said that staff explained to the residents that the streets would be thirty-two feet wide and contain curb and gutter and that one side of the street would be posted with "No Parking" signs in order to conform with State requirements. � Mr. Flora indicated that the residents were told that the City would assess only the curb and gutter portion of the project, at a cost not to exceed $8.00 per front foot. He explained that there are several areas were there are no assessments, and indicated that there would be only front footage assessments; no side yard as5essments. He stated that notices were sent on tonight°s meeting to the residents who lived in the area of the proposed street reconstruction projects. Councilwoman Jorgenson indicated that when the street reconstruction program was done last year, we considered deferring assessments for seniors until the home the senior live in was sold. She asked if that concept could be applied this year. Mr. Flora replied that that was Council°s prerogative. He indicated that this should be done after the construction had been completed and assessments defined and determined. Mayor Nee indicated that he would identify each street involved in the reconstruction project and would ask for any comments from residents. Polk Street - Lynde Drive and Hathaway Lane: No one in the audience spoke regarding this project, � FRIDLEY CITY COUNCIL MEETING OF APRIL 19, 1993 Pa4e 9 � Brookview Drive - 67th Avenue and 68th Avenue: Mr. Arthur Medeck, 6770 Brookview Drive N.E., stated that he understood from Mr. Flora that his section of the street project was not to be assessed. Mr. Flora replied that that was correct. Councilman Billings indicated that the tax rolls indicate that there is no assessment for this address. Mr. Medeck indicated that he is concerned with the removal of parking on one side of the street and would like parking left on his side of the street. Mr. Flora stated that they are proposing that parking be removed on the west side of Brookview Drive as mailboxes and fire hydrants are located there. He did say, however, that the City could go either way. Mr. Lawrence Kappel, 6796 Brookview Drive N.E., stated that he was concerned about being assessed, and that he had no preference regarding what side of the street had parkinq, � Councilwoman Jorgenson indicated that the tax rolls indicate that there is no assessment for this property. Lynde Drive - Hillwind Road and Polk Street; No one in the audience spoke regarding this project. Monroe Street - 67th Avenue and Rice Creek Terrace: Mr. Michael Norman, 6730 Monroe Street, said that he moved to Fridley to avoid street construction and is against the reconstruction project on Monroe Street. He said the street looks fine to him. He asked why Monroe Street was selected to be in the 1993 program. Mr. Flora answered by pointing out State, County and collector streets on a map. He said the reason Monroe Street was selected is that it was an aqed street, with asphalt berms, poor condition is part of the collector system, is very important for snow plowing purposes, and because it acted as a major traffic mover for the City. Mr. Norman asked where the funds were coming from. � Mr. Flora indicated that there are a combination of £unds, including State money and assessment money. FRIDLEY CITY COUNCIL MEETING OF APRIL 19, 1993 Pa4e 10 ' Mr. Norman indicated that he wanted to avoid the assessment. He said that the taxes are already $l00 per montih on his property. He stated that his total annual tax bill increased by $200 in 1993. He said he is being assessed for something he and his wife do not need. Councilman Schneider asked Mr. Norman how wide his lot was. Mr. Norman replied 100 feet, and that he would be assessed $800 over a ten-year period, Mr. Flora explained the first through tenth year costs of the project for Mr. Norman. Mr. Norman asked for the rationale for the removaT of parking. Mr. Flora explained why the parking was removed on one side of the street. Councilman Schneider indicated that the parking was removed in order to use state MSA money. Mr. Norman asked if his section of the project could be put off. � Councilwoman Jorgenson said that we wanted to do that street to preserve the base. She indicated that if we allow the streets to deteriorate to the point where the base has eroded, street reconstruction is much more expensive. Councilman Schneider asked if we are taking advantage of state money that is available. Mr. Flora explained that if the project is done this year, the property owner will not be taxed until 1994. Councilman Schneider explained that it is more money, but that with the assessment, it is only about $10 per month more. Mr. Norman replied that he was concerned about his entire tax package. He said that the school district levy increase amounted to more than an additional $25 per month. Mayor Nee asked how old Monroe Street is. Mr. Flora replied that it is thirty-two years old. Mayor Nee stated that he wished we could offer the same deal on the street he resided on, Logan Parkway. � Mr. Norman asked if it was our goal to create concrete curbs on all streets over a forty-year period. FRIDLEY CITY COUNCIL MEETING OF APRIL 19 1993 Paqe 11 � Mr. Flora replied that it was. He said that the concrete curbs assist in the collection and distribution of storm water to the storm sewer system. Ms. Jayne Kules, 6730 Monroe Street N.E., indicated that she is married to Michael Norman. She said she had several concerns. She complained about the notification process. She said she found out about the hearing tonight through a neigh�or. She also indicated that she does not see a difference between city/state money, She said that it is all taxpayerso money. She indicated that she and her husband are trying to repair their home, and she feels that other things need repairing more than the street. She asked if the reconstruction project would be put to a vote. Councilwoman Jorgenson explained that neighborhood meetings were held and a petitioning process completed to gain neighborhood input. She said she was sorry that Ms. Kules did not qet a letter. Councilman Schneider asked Ms. Kules if she got a Welcome �o Fridley packet when she moved to Fridley, She said she had. Councilwoman Sorgenson explained that the contractor for the street project would be contacting residents on the street to determine � whether or not the individual homeowners wanted their driveways resurfaced while the street was being reconstructed, Reqis Drive - Regis Lane and Hathaway Lane: No one in the audience spoke regarding this project. Regis Lane - Reais Drive and Matterhorn Drive: Mr. John Ward, 5691 Regis Drive, stated that he was not opposed to the street reconstruction but that he was concerned about the process. He said he put in a new driveway two years ago, and he assumes that a portion of his driveway will be replaced as a result of this project. Mr. Flora replied that he was correct. Mr. Ward asked what will happen to the grade of the street. Mr. Flora replied that the grade will be raised about one inch and that the new driveway will be matched to the street. Mr. Ward indicated that he had a Maple tree in the front of his property and wanted to know what the City would do to help preserve the Maple tree. � Mr. Flora replied that the contractor will only cut back about two feet into the boulevard, and that this will not impact the Maple tree. FRIDLEY CITY COUNCIL MEETING OF APRYL 19, 1993 Pa4e 12 � Mr. Ward asked about access during reconstruction. Mr. Flora replied that Mr. Ward would always have a paved surface �o drive on and access to his property except during the concrete curing process. Mr. Ward stated that he had a concern about the potential quality of the work. He said he had some problems in another city with the quality of the city contractor's work. Councilwoman Jorgenson said that if he is worried about the quality of work he should talk to the residents on Hathaway Lane. Mr. Ward said he had done that and was assured that last year's project was of good quality. Mr. Alvars Stum�ris, 1200 Reqis Lane, asked when the assessment was due. Councilwoman Sorgenson replied that it would be due one year from now in October. Mr. Stumbris asked if we knew who would do the work, � Mr. Flora said they did not know at the present time. Mre Stumbris asked about the contractor doing the driveways, Mr. Flora explained that the contractor will contact him and ask whether or not Mr. Stumbris would like to have his driveway done at the same time as the overlay work is done on the street. Cheri Lane - 53rd to Fillmore Street; No one in the audience spoke regarding this project. Fillmore Street - 53rd to Cheri Lane: No one in the audience spoke regarding this project. 53rd Avenue - Fillmore Street to Matterhorn: Mx. Ray Nelson, 1385 - 53rd Avenue N.E., asked about the contractor's process for improving driveway entrances and how long the contractor would take. Mr. Vernon Munsinger, 1326 - 53rd Avenue N.E., said that the project was a real bargain, but he is concerned about speeding on � 53rd Avenue. He said there are no cross streets on 53rd Avenue, and the street has become a race track. He requested that we put a speed bump on 53rd Avenue between Matterhorn and Fillmore. FRIDLEY CITY COUNCIL MEETING OF APRIL 19, 1993 PaQe 13 � Mr. Flora replied that we do not put speed bumps on City streets because of liability issues. Mr. Munsinger said that there was a location near Columbia Heights High School that had a speed bump. Mr. Flora said that was an exception, and that they were still reluctant to install speed bumps, Brookview Drive - Mississippi Street to Rice Creek Terrace: Mr. Delbert Harris, 6542 Brookview Drive, stated that his main concern was for two oak trees in his yard that are eight feet £rom the existing street. Mr. Flora responded that his oak trees would not be in danger from the project, since the widening will take place on the east side. MoTION by Councilwoman Jorgenson �o close the public hearing, Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:10 p.m. � OLD BUSINESS; 5. ORDINANCE NO. 1009 UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REQUEST, SAV #92-03, BY BOB'S PRODUCE RANCH; 7620 UNIVERSITY AVENUE N.E.1: MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance No. 1009 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. 6. APPOINTMENT TO THE HUMAN RESOURCES COMMISSTON (TASLED APRIL 5, 1993 : MOTION by Councilwoman Jorgenson to nominate Clem Coverston for appointment to the Human Resources Commission for a three-year term expiYinq ApTil l, 1996. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: 7. RECEIVE PETITIONS FOR THE 1993 STREET RECONSTRUCTION PROJECTS � FOR MONROE STREET (PETITION N0. 4-19931. BROOKVIEW DRIVE jPETITTON NO. 5-1993), REGTS DRIVE (PETITION NO. 6-19931, REGIS I,ANE (PETITION NO. 7-1993), FILLMORE STREET (PETITION NO. 8-19931 AND 53RD AVENUE fPETITION N0. 9-19931: MOTION by COUncilwoman Jorgenson to reCeive Petition Nos. 4-1993 through 9-1993 concerning the 1993 street reconstruction projects FRIDLEY CITY COUNCIL MEETING OF APRIL 19, 1993 Paqe 14 � for Monroe Street, Brookview Drive, Regis Drive, Regis Lane, Fillmore Street and 53rd Avenue. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, the Mayor declared the motion carried unanimously. 8. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING," BY AMENDING SECTION 205.04.04.I: Ms. Dacy, Community Development Director, explained that the ordinance is in response to the mandate of the Metropolitan Council that we institute non point source pollution control ordinance. She said that the ordinance formalizes many of the things that we have been doing administratively, including the application of best management practices, and the requirement of a grading and drainage plan. The ordinance will require submission of a conservation plan or erosion control plan which requires that an as-built survey of detention and other drainage facilities be submitted and that a maintenance agreement be provided for the detention and drainage facilities, Ms. Dacy indicated that the Planning Commission and Environmental Quality and Energy Commission reviewed and approved the proposed � ordinance amendment. MOTION by Councilwoman Jorgenson to waive the readinq and approve the ordinance on first reading. Seconded by Councilman Schneider, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. FIRST READING OF AN ORDINANCE ESTABLISHING CHAPTER 208, ENTITLED "EROSION CONTROL." TO THE FRIDLEY CITY CODE: Ms. Dacy, Community Development Director, explained that the purpose of the ordinance is to control ancY eliminate erosion from developing properties and to establish quidelines to limit erosion. They include technical guidelines and the requirement that erosion control plans be submitted with all land alteration and building permits. She also pointed out that the ordinance provided design guidelines for erosion control measures. Ms. Dacy indicated that the Planning Commission ancl the Environmental Quality and Energy Commission reviewed and approvecl the proposed ordinance establishing Chapter 208, entitled "Erosion Control," to the Fridley City Code. MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Jorgenson. � Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. I� � � FRIDLEY CITY COUNCIL MEETING OF APRIL 19, 1993 Paqe 15 10. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE. CHAPTER 206, ENTITLED "BUILDING CODE," BY AMENDING SECTION 206.03, 11PERMIT FEES," AND RECODIFYING CHAPTER iT, ENTITLED "FEES.'° BY AMENDING SECTION 11.10, "FEES:" MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seaonded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. MOTION TO REALLOCATE 51,684.40 OF UNEXPECTED FUNDS FROM THE 1991 HUMAN SERVICES CDBG ALLOCATION TO THE HOUSING REHABILITATION PROJECT: MOTION by Councilman Schneider to reallocate $1,694.40 of unexpected funds from the 1991 Human Services Community Development Block Grant allocation to the housing rehabilitation project. MOTION by Councilman Billings to strike "housing rehabilitation" from the motion and insert "human services." Seconded by Councilwoman Nancy Jorgenson. Councilman Billings the maximum amounts guidelines. asked if Anoka County was bumping up against allowed for human services funding under CDBG Ms. Dacy, Community Development Director, said that she recently talked with JoAnne Wright. She said Ms. Wright notified the cities that they would be able to fund all of the cities' human services requests, and that to date she saw no problem with bumping agains� a cap. Councilman Billings asked Ms. Dacy if there were any deadlines for reallocation o� these funds. Ms. Dacy said there were none. Councilman Billings asked if there were any public hearing requirements for reallocation of these funds. Ms. Dacy replied that they were not technically required in this situation. Councilman Billings asked if we should have a public hearing. He said wouldn't using the allocation for Human Services purposes cause less problems than transferring the money to a new subject area--mainly, housing. Ms. Dacy agreed. FRIDLEY CITY COIINCIL MEETING OF APRIL 19, 1993 Ea4e 16 ' Mayor Nee asked what Human Services was getting, and Ms. Dacy stated that she needed to verify the numbers. Councilman Schneider indicated that he was against the amendment, He said that Council stated housing was their highest priority. He said he finds it difficult to concentrate on too many top priorities at the same time, and he finds further that this is the consistent point that Council has been telling staff. Councilwoman Sorgenson indicated that recently an unexpected $30,000 received in CDBG funding was put into the housing programe She said that the $1,684 are funds that were previously allocated for human services. She said she has no problem putting it there. She said that we need to have a balance between housing and human services. Ms. Dacy said that she will contact JoAnne Wright regarding the requirements for a public hearing. Councilman Billings said that he wants to clearly emphasize that he has no problems with the housing program. He said it was a£ine program, He indicated, however, that since the amount of $1,684 was originally allocated to human services two years ago, he � prefers to put it there. Councilman Schneider said that he is not opposed to human services, but feels stror.gly that the number one priority should be housing. MOTION by Councilman Billings to table this item until the May 3, 1993, City Council meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. EXTEND SPECIAL USE PERMIT, S.P. #92-01, AND VARIANCE, VAR #92-02 TO WALTER N, KLUS FOR PROPERTY GENERALLY LOCATED AT 7899 EAST RIVER ROAD: Ms. Dacy, Community Development Director, stated that on April 6, 1992, Council approved a special use permit and variance permit to install gas tanks at the small shopping center located at the intersection of East River Road and 79th Avenue. She said that for various reasons Mr. Klus has been unable to install the tanks and would like a one-year extension. She recommended a six-month extension sub7ect to three stipulations which she outlined. Mr. Klus stated that he tried to £ind a petroleum supplier to install and own the tanks, but was unsuccessfuT in doing this. He discussed the history of the project and indicated that he now has � a solution for the installation of the tanks that is acceptable to him and the bank. � FRIDLEY CITY COIINCIL MEETING OF APRIL 19, 1993 PaQe 17 ' MOTION by Councilman Fitzpatrick to expend Special Use Permit, S.P. #92-01 and Variance, VAR #92-02, to October 31, 1993, subject to the following stipulations: (1) the variance was for the plan as amended March 17, 1992; (2) Special Use Permit, S.P. #92-01, shall be approved; and (3) an executed lease agreement that provides up to ten parking spaces shall be submitted to the City. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. APPROVE REOUEST BY FRIDLEY UNITED METHODIST CHURCH TO WAIVE TEMPORARY SIGN REOUIREMENTS: MOTION by Councilman Fitzpatrick to approve the request by the Fridley United Methodist Church to waive the temporary sign requirements. Seconded by Counoilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. ESTABLISH A PUBLIC HEARING FOR MAY 17, 1993, ON AN ORDINANCE AMENDING CHAPTER 3 OF THE FRIDLEY CITY CHARTER: Mr. Hunt, Assistant to the City Manager, explained that the Charter Commission was working through the Fridley City Charter and was 1 now working on completing Chapter 3. He said the Charter Commission is requesting that a public hearing be set on this item for May 17, 1993. Councilman Billings asked if the Charter Commission would be sending back Chapter 2 without the controversial parts that had been discussed at previous Council meetings. Mr. Hunt said the Charter Commission is still working on it, and that they are using language suggested by Councilmember Schneider to address one of the controversial sections. He said the Charter Commission is also addressing other issues raised by Councilmember Billings concerning Chapter 2 of the Fridley City Charter. Mr. Hunt said that he feels the amendments to Chapter 3 are very constructive. MOTION by Councilman Schneider to set the public hearing on an ordinance amending Chapter 3 of the Fridley City Charter for May 17, 1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO. 33-1993 ADOPTING A DRUG AND ALCOHOL POLICY FOR EMPLOYEES OF THE CITY OF FRIDLEY: � Mr. Hunt, Assistant to the City Manager, explained the proposed drug and alcohol policy. He said that in 1988 a federal law was � ' � FRIDLEY CITY COUNCIL MEETING OF APRIL 19, 1993 Paqe 18 passed that requires us to have a policy indicating that we will not tolerate the use of druqs in the work place. Additionally, 1989 state requirements established the need for local druq testing policies. Mr. Hunt said that under the policy before the Councilp the City will not tolerate drug and alcohol usage during working hours. He said that the policy establishes procedures for testing for drugs and alcohol where there is a reasonable suspicion of the use of drugs or alcohol. He also said the policy provides for random testing for alcohol and drug use. He said the random tests will impact truck drivers and all employees who have commercial driveros licenses as well as department managers and public safety personnel. Mr. Hunt indicated that he held eleven meetings with various groups of employees. He said that Cyrus Smythe, the City's labor relations consultant, had considerable input into the draft of the ordinance and that our ordinance was compared to several other cities. He said he felt that with the considerable input we have had, our drug and alcohol policy is one of the best in the area, Councilman Schneider asked Mr. Hunt to characterize the reaction of employees at the meetings. Mr. Hunt said the reaction was generally positive, Councilwoman Jorgenson asked who was impacted by random testing. Mr. Hunt repeated the names of the employee groups that would be impacted. Councilwoman Jorgenson asked whether the lifeguards were included. Mr. Hunt indicated that under the drug and alcohol policy, any person on the City payroll for whom there is a reasonable suspicion of drug and alcohol use is covered �y the policy. Councilwoman Jorgenson said she wanted to make sure that it affects summer employees. Councilman Steve Billings asked if it covers the City Council. Mr. Hunt indicated that it did. He stated that drinking at different functions such as AMM receptions was permissible as long as drinking was considered part of the function. Mr. Herrick, City Attorney, asked about the definition of "under the influence" contained Section II(C)(15) in the policy. FRIDLEY CITY COUNCIL MEETING OF APRIL 19, 1993 Paqe 19 ' Mr. Hunt referred Mr. Herrick to Section II(C)(12) under which the levels of alcohol consumption are outlined as are the technical parts of the State statute. Mr. Hunt then gave examples of the number of drinks allowed for individuals of different weight ievels, Councilman Schneider asked if prescription drugs were allowed. Mr. Hunt stated that there is no problem with prescription drugs as long as the prescribed dosages are adhered to. Councilman Schneider pointed out that at prescription levels, firefighters cannot fight fires effectively. Mr. Hunt reiterated a specific policy in use for the Fridley Fire Department. Councilman Schneider said that pharmacists are sometimes inconsistent in applying "do not drive" stickers to drugs, he also has some questions as to how the policy is to be applied. He said he thought the fine points would be worked out as we apply the policy in practice. � Mr. Hunt said the key to prescription drugs is if the drugs are used in accordance with the prescription. Councilman Schneider asked what would happen if a councilmember tested positive. He asked if a Council member could be £ired. �J Mr. Hunt replied that it was a matter for the Council to address as a whole and not for staff. He said that is not covered by the policye MOTION by Councilwoman Jorgenson to adopt Resolution No. 33-1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, 16. INFORMAL 3TATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 17e CLAIMS: MOTION by Councilwoman Jorgenson to authorize paymenL of Claim Nos. 4877b through 49031. Seconded by Councilman Schneider, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � I�� FRIDLEY CITY COUNCIL MEETING OF APRIL 19. 1993 Paqe 20 18. LICENSES: MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilwoman Jorgenson, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, 19. ESTIMATES: MOTION by Councilwoman Sorgenson to approve the estimates as submitted: Earl Weikle & Sons, Inc. 2514 - 24th Avenue South Minneapolis, MN 55406 Little League Park Shelter Project No. 234 FINAL ESTIMATE e . . . Barna, Guzy & Steffen, Ltd. 20� Coon Rapids Boulevard Suite 400 Minneapolis, MN 55433 Statement for Services Rendered as City Attorney for the Month of March, 1993 . . . . . . . $ 903.90 $ 2,031.50 Seconded by Councilman 5chneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the regular meeting of the Fridley City Council of April 19, 1993, adjourned at 9:56 p.m. Respectfully submitted, William w. Burns Acting Secretary to the City Council � Approved: William J. Nee Mayor