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02/22/1994 - 00004382� � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 22, 1994 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: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider, and Councilwoman Bolkcom MEMBERS ABSENT: None PRESENTATION OF AWARD: PRESENTATION OF AWARD FROM CITY ENGINEERS ASSOCIATION: Mr. Scott Erickson, Assistant Public Works Director, presented this award to the Council from the City Engineers Association. He stated that each year the City Engineers Association of Minnesota receives a list of construction projects that are eligible for this award as an innovative project. Mr. Erickson stated that the Twin Cities Army Ammunition Plant (TCAAP) pro7ect was voted upon by the association for innovation in partnership. He stated that this award was given due to the number of agencies involved including the Army and the cities of Fridley and New Brighton, as well as other agencies. Mr. Erickson presented this plaque to the Council on behalf of the City Engineers Association. PROCLAMATION: VOLUNTEERS OF AMERICA WEEK, MARCH 6- 13, 1994: Mr. Burns, City Manager, read this proclamation, which was issued by Mayor Nee, proclaiming the week of March 6 through 13, 1994 as Volunteers of America Week in the City of Fridley. PRESENTATION: 1993 CITIZEN SURVEY: Mr. Bill Morris, representing Decision Resources, Ltd. presented the 1993 Citizen Survey to the Council. He stated that this survey FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 1994 PAGE 2 � had two thrusts. The first was a mail-out sent to 3,400 residents throughout the communityo with 1,004 responses received, He stated that a sub-sample of four hundred residents was used as a control mechanism to measure the bias. He statea that follow-up phone calls were made to these four hundred residents which provided an 85 percent response rate among this controlled group. Mr. Morris stated that one of the differences noted between the control group and mail-out group was that amonq the mail-out group, older residents were more apt to respond than younger residents. He stated that as a result, residents above the age of sixty tended to be represented twice as much. He stated that in the under thirty age group, ten percent responded to the mail-out, and 21 percent responded from the control group. Mr. Morris stated that the longer a resident has been in the community, the more likely he or she is to respond to the survey. Ae stated that for those living in Fridley over fifteen years, 65 percent responded to the mail-out, and 58 percent responded from the control group. He stated that a bias was expected towards women responding. That was not the case, however as the ratio was 42 to 47 percent. Mr. Morris stated that the survey provides responses for both the � mail-out group and control group; however, he would focus on the control group during this presentation. He stated that the survey was broken dooan into areas of concern. Mr. Morris stated that the first part of the survey concerned recreational activities and Springbrook Nature Center. He stated that overall responses in terms of adequacy and variety of sports offerings, fees, and information were extraordinary. He stated that ninety percent were satisfied with Springbrook Nature Center, and the overall ranking for recreational activities was 88 percent satisfaction and only twelve percent dissatisfaction. He stated that this is in line with the suburban norms across the metropolitan area. Mr. Morr�s stated that the next question dealt with the City's water and sewer system. He stated that 66 percent felt the water was free of discoloration, and over ninety percent had no sewer backups or had a satisfactory resolution to backups. Mr. Morris stated that in regard to the streets, the ranking was very high with over eighty percent satisfaction. He stated that one negative was snow and ice removal where 23 percent indicated they were not sa�isfied with this service. He stated that the eighteen percent dissatisfaction with pot holes is below the forty percent norm across the metropolitan area. � Mr. Morris stated that questions were raised regarding parks including maintenance, sufficient picnic areas, parking, athletic FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 1994 PAGE 3 � fields and playground equipment. He stated that the overall rating was in excess of ninety percent satisfaction; however, fifteen percent voiced some concern about parking. Mr. Morris stated that in the area of community development, building inspection had a satisfaction rate of 87 percent. He stated that two areas of concern were the weeds and trash violations and zoning compliance. He stated that over one-third of the community was dissatisfied with what the City has done in these areas. Mr. Morris stated that in regard to public safety, nineteen percent felt the police were not always courteous. He stated that this response came from the younger age group. He stated that police and fire response times were over 95 percent with a solid showing with respect to public safety services. Mr. Morris stated that in reviewing the concerns and attitudes regarding public safety, twelve percent had used the 911 emergency response. He stated that there were no unreported fires, and about half of those surveyed had observed park police. He stated that there was a feeling among residents that neighborhood crime was increasing, and 48 percent felt a need to increase neighborhood patrolling. He stated that there was less concern with enforcement � of speed limits. Mr. Morris stated that a question was asked relating to the impact of park police. Half of those surveyed had not observed them, with 45 percent not sure if they were having an impact, and 51 percent felt they were having a great deal of impact. Mr. Morris stated that the issue regarding the City's responsive- ness indicated that 74 percent were satisfied and 26 percent were dissatisfied. He stated that 33 percent felt they did not have a say on how things were run in the City. He stated that the norm is 25 percent. This also tended to be age related. Mr. Morris stated that on the use of tax money by the City, the results were very positive. He stated that 34 percent had no idea on how the money was spent, and 61 percent stated tax money was always or mostly spent wisely. Mr. Morris stated that in regard to recreational priorities, 63 percent felt Springbrook Nature Center programs were important; 45 percent favored the senior programs; and 87 percent the playqround programs. Mr. Morris stated that in water and sewer system priorities, one hundred percent felt no water discoloration or sewer backups were � very important. He stated that street priorities ranged from 95 percent to 100 percent. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22. 1994 PAGE 4 � Mr. Morris stated that park priorities lean towards good maintenance and playground equipment. I� i� Mr. Morris stated that in regard to community development priorities, building inspection was at the ninety percent level, and enforcement of the weed and zoning ordinances ranged from 86 percent to 88 percent. He stated that the collection of recyclables had a 91 percent priority. Mr. Morris stated that in the area of public safety priorities, safety is the key factor. He stated that police courtesy was very important to the residents. Mr. Morris stated that 93 percent of residents in single family homes felt the appearance of their neighborhood was good compared to those residing in duplexes and apartments where there was a range of 21 percent to 27 percent dissatisfaction with the appearance. He stated that only one percent agree that their own home is not iz good shape. Mr. Morris stated that over ninety percent of the residents felt safe in their homes. He stated that only ten percent felt their own neighborhood was not safe. Mr. Morris stated that 95 percent of �he respondents felt there were sufficient parks, and that there were very little problems with the bike/walkways and street lights. Mr Morris stated that a number of issues were addressed in potential capital improvements and services. He stated that in some cases residents were very favorable. In other cases, they felt they were not important. He stated that in regard to a recreational/community center, 52 percent felt it was important. He stated that seventy percent felt a supervised teen center was important, and 68 percent felt gym space was important. He stated that 54 percent favored a regional senior center, and 72 percent felt after school recreational activities were important. He stated that 71 percent of the respondents felt it was important to have an outre3.'z worker for at-risk youth. Mr. Morris stated that 74 percent fE.lt inspections before the sale of a home were important; 47 percent felt a cat leash law was important; 26 percent felt 24 hour telephone service was important; and 17 percent felt an auto bank to pay utility bills was important. He stated that 80 percent felt a drop-off site for yard waste was important, and 70 percent felt curbside yard waste was important. Mr. Morris stated that eighty percent felt rehabilitation of old apartments was important, and 68 percent felt rehabilitation of single family homes was a priority. He stated that 54 percent felt incentives for affordable housing was a priority, and 71 percent felt incentives to attractive industry was important. � � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 1994 _ PAGE 5 Mr. Morris stated that in general, this survey is very positive for the community. He stated that most residents regard the services provided as very high caliber in regard to taxes and spending. Councilman Schneider asked if there were any comments from the respondents. Mr. Morris stated that 72 percent of those responding submitted comments which will be forwarded to the Council. Mayor Nee stated that he appreciated the report, Mr. Morris for the presentation this evening. APPROVAL OF MINUTES: COUNCIL MEETING, FEBRUARY 7, 1994e He thanked Councilwoman Bolkcom requested that the minutes reflect that she abstained from voting on the Locke Lake Dam item. MOTION by Councilman Schneider to approve the minutes with the above correction. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mr. Burns, City Manager, requested that the following item be added: 7AA. Establish a Public Hearing for Consideration of Amendments to Chapter 220 of the City Code. MOTION by Councilman Schneider to adopt the agenda with the above addition. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VI�ITORS: MS. CINDY AOGETVEDT, 201 SYLVAN LANE RE: SEWER BACKUP: Ms. Cindy Hogetvedt, 201 concerning a sewer backup stated that the damage was home, the loss would have that the City was not able day and this was minimal. Sylvan Lane, addressed the Council at her home on January 16, 1994. She about $5,000. If they had not been at been a minimum of $20,�00. She stated to get someone to clean until the next Ms. Hogetvedt stated that this was not the first time they have had a sewer backup at their home. She stated that they had a backup in the spring of 1983 and another one about three years ago. She stated that their insurance coverage was very limited at the time of the second occurrence, and a rider was taken out on their policy with a $500 deductible. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 1994 PAGE 6 � Ms. Hogetvedt stated that she has submitted a letter to the City requesting reimbursement for the $500 deductible which they had to pay for this sewer backup. She stated that she would like some answers from the City if they will be reimbursed this $500, as it has been five weeks since the backup occurred. Ms. Hogetvedt also asked what action the City would take to correct the problem. She stated that she believes there is a back flow valve that needs to be installed. Mr. Erickson, Assistant Public Works Director, stated that there was a backup at the Hogetvedt home on Sanuary 16, 1994, and the City did respond. He stated that the City received a call at 9:30 a.m., and the stoppage was relieved at approximately 10:20 a.m. He stated that Service Master was called and was not able to respond for a day due to the cold weather. He stated that the City has records showing three backups at this address in April, 1983; January, 1988; and the one on January 16, 1994. He stated that in regard to the mos� recent backup and based on inspection, there was a stick lodged in the manhole. Mr. Burns, City Manager, stated that the procedure is to file a claim with the City's insurance company. If it is determined the City was negligent, the City would cover the loss. � Ms. Hogetvedt stated that the problem is with the City's sewer line and not with the line to their home. Councilman Schneider stated it is likely that the City's insurance company will not find the City negligent. He stated that in the interest of good will, the question has been raised if a fund should be established to cover damages up to $500 for sewer backupse He stated that he would encourage some feedback from the residents if they are watching on cable. Mr. Pribyl, Finance Director, stated that he would find out the status of Ms. Hoqetvedt's claim. PUBLIC HEARINGS: 1. PUBLIC HEARING ON AN ON-SALE SEER LICENSE FOR JANG-WON RESTAURANT' MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open 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 opened at 8:40 p.m. � Mr. Pribyl, Finance Director, stated that this is a request for an on-sale beer license at 6440 University Avenue. He stated that the Police Department has reviewed the request, and the applicant is present this evening to answer any questions. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 1994 PAGE 7 � Councilman Schneider stated that there are no addresses listed for previous residences. Mr. Andy Jang, the owner's son, stated that they previously operated a restaurant in Sowa City, Iowa, but they did not know the addresse MOTION by Councilwoman Jorgenson 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 8:44 p.m. 2. PUBLIC HEARING ON AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING," BY ADDING 205.27 (0-4 WETLAND pISTRICT) AND RENUMBERING OFFICIAL TITLE AND SUMMARY 205.28 AND AMENDING CHAPTER 11, °GENERAL PftOVISIONS AND FEES:" MOTION by Councilman Billings to waive the reading of the public hearing notice and open 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 opened at 8:44 p.m. � Ms. McPherson, Planning Assistant, stated that this will be a new chapter in the Zoning Code. She stated that the purpose of adoptinq the Wetland Overlay District is to comply with the 1991 Wetland Conservation Act adopted by the state legislature in 1991. She stated that the purpose of the Act is to achieve no net-loss wetland functions and values. She stated that the law requires developers to examine sequencing in order to avoid wetland impacts. If they cannot be avoideci, the law requires replacement of the lost wetland. Ms. McPherson stated that the City contracted with Westwood Engineering and Peterson Environmental Consulting to determine the number of wetland basins located in the City. She stated that there are 59 wetland basins in the City; 3G are located in the Rice Creek Watershed District and 23 are located in the Six Cities Watershed District. She stated that three basins would be exempt from the sequencing requirements of the ordinance, and 21 basins are less than half an acre in area. Ms. McPherson stated that the City would be responsible for issuing certificates of exemption, determining instances of no loss, reviewing and approving or denying replacement plans, reviewing monitoring reports submitted by the property owner, and maintaining documentation for these activities for a minimum of ten years. She stated that as part of the ordinance, it is recommended that the � City establish fees for exemption certificates, replacement plan applications, no loss determinations, and appeals. She stated that the State law limits the amount that can be charged to $75.00. FRIDLEY CITY COUNCIL MEETING OF FESRUARY 22. 1994 PAGE 8 � Ms. McPherson stated that staf£ reviewed this proposed ordinance with the Environmental Quality and Energy Commission and Planning Commission and notified each of the affected property owners who are adjacent to or abutting a wetland. She stated that informa- tional meetings have been held with those owners and public hearings conducted by the Commissions. She stated that the Environmental Quality and Energy Commission and the Planning Commission have recommended approval of this ordinance. Councilman Schneider asked for a definition of the term "sequencinq." Ms. McPherson stated that the sequencing requires a developer to go through a series of steps before he submits a replacement plan. She stated that a developer has to attempt to avoid a wetland or to minimize and rectify the impact. She stated that if this cannot be done, the developer must replace the wetland. Councilman Schneider stated that, basically, the "sequencing" is really a list of items that have to be done before a developer would get to replacement of the wetland. Ms. McPherson stated that there are 25 activities listed under the exemptions where a developer may drain or fill a wetland depending � on the activities. He stated that for wetland areas less than one- tenth of an acre, the City can make sequencing determinations without written documentation from the applicant. Mr. Robb Bouta, representing Westwood Engineering, stated that his firm, as well as Ron Peterson from Peterson Environmental Consulting, was involved in the wetland inventory for the City He stated that data sheets were compiled and completed for each wetland and given an identification number. He stated that the inventory did not include storm water basins, open storm water ditches, or road ditches, as they are exempt. Mr. Bouta stated that 59 wetland basins were identified in the inventory. He reviewed the procedures for sequencing in order to avoid impacting the wetland. He stated that before any private or public entity can fill or drain a wetland, they must submit a �vetland replacement plan to the City. He stated that this plan requires thirty different components which includes such items as the size, type, photoqraphs, soils and vegetation of the basin, proof of ownership, and the area where the wetland would be replaced. He stated that a basin would be replaced at a ratio of two to one but could go as high as a three to one ratio. Mr. Souta stated that when the City has finished reviewing the replacement plan components and is sure the sequencing is adequate, � there is a finding of fact. He said that state law requires a five-year monitoring program for the replacement of wetland. To make sure the replacement will be done adequately, the City can FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22. 1994 PAGE 9 � rely on the technical evaluation panel which is comprised of a representative from the City, one from the Board of Soil and Water Resources, and a representative from the Anoka County Soil and Water Conservation District. Councilwoman Jorgenson stated that there was reference to areas less than one-tenth of an acre. She asked how much square footage would be involvede Mr. Bouta stated that this would be an area less than 4,360 square feet. Councilwoman Jorgenson asked if this area would be exempt from these requirements if there was a City lot where half of it was wetland. Mr. Bouta stated that they would not be exempt, but if the fill activity is less than one-tenth of an acre. the City can make a sequencing determination. He stated that the wetland still has to be replaced at a ratio of two to one, but an alternative to filling the wetland does not have to be submitted. Mayor Nee asYar# if the $75.00 fee was the maximum that could be charged. � Mr. Bouta stated that under this Act, a City cannot charge more than $75.00 for any permit issued for any of the activities which include the certificate of exemption, the review of the replacement plan, the review of any appeal of a decision by the City, or a determination of a no loss or temporary impact. He stated, however, that there may be other activities that may not fall under the permit portion of the law. He stated that there has not been clear direction from the Board of Soil and Water Resources what can be charged. He stated that this Board will be issuing some type of policy directive. Mayor Nee stated that taxpayers should not be paying to subsidize a developer, and any expenses should be paid by the developer. Ms. Dacy, Community Development Director, stated that she talked to Ron Peterson regarding the fee issue, and there may be a change in the state „�:�. She stated that the Urban Wetland Coalition is focusinq on the issue whether o� not the consultant fees could be reimbursed by the developer. Mr. Bouta stated that the City of Lakeville requires that the applicant also pay a certain fee for staff time for processing each permit application. , Ms. McPherson stated that the Anoka County Conservation District received some grant money. The City can monitor staff time for administration of this ordinance and, hopefully, recoup some of the expenditures through this grant program. FRIDLEY CITY COUNCIL MEETING aF FEBRUARY 22. 1994 PAGE 10 � Councilman Schneider stated that it seemed the City couTd encounter some significant expenses if anyone applied for a very large development in a wetland area. He felt that there should be some way to recoup the fees. Mr. Herrick, City Attorney, suggested that perhaps the costs could be added to the building permit. No other persons in the audience spoke regarding this proposed ordinance. MOTION by Councilman Billings to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion oarried unanimously and the public hearing closed at 9:37 p.m. OLD BUSINESS• 3. ORDINANCE NO. 1025 UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REOUEST, SAV #93-03, BY THE CITY OF FRTDLEY): MOTSON by Councilman Schneider to waive the second reading of Ordinance No. I025 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. 4. AWARD CONTRACT FOR LOCKE LAKE DAM RESTORATION PROJECT NO. 211 �TABLED FEBRUARY 7, 19941: Mayor Nee removed this item from the table. Mr. Erickson, Assistant Public Works Director, stated that the bids for this project were received at the last Council meeting, and the contract award was tabled for additional information. Mr. Erickson stated that the original estimate for this project was $G35,000. He stated that the total cost for restoration of the dam is $G07,376 which includes engineering and construction costs. He stated that the original estimate of the City°s portion of that cost was $192,500, but some additional expenses attributable to this project arnount to approximately $24,000. Mr. Erickson stated that the County will fund a bituminous parking lot and path but will postpone these improvements to a later date. He stated that the County would reimburse the City $7,400 for removal of the Sa�ady home and approximately $3,000 for some landscaping. He stated that the additional expenses of $24,000 � would be reduced by these two amounts which will be paid by the County. �� � � � FRIDLEY CITY COUNCIL MEETZNG OF FEBRUARY 22 1994 PAGE 11 Councilman Billings stated that when the public hearing was held for this project, the original cost estimate was about $635,000 and included in this figure were the improvements which would be paid by the County. He stated that until last week, the City had assumed the Gointy would contribute $100,000 plus the cost of acquiring the Sajady property. He stated that it now has been determined that the County is only coverinq the cost of acquiring the Sajady home and for demolishing �his structure. He stated that the City now has to contribute an additional $100,000 in order to make the project work. Councilman Billings stated that the bids were $27,OOD less than anticipated and $55,000 to $59,000 can be eliminated from the project for improvements the County will fund in the next few years so these savings add up to $82,000 to $86,000. He stated that this means the City is now faced with a$13,000 to $17,000 shortfall. Councilman Sillings stated that he wanted to make it very clear that even though the bids were less than expected, the cost to the City will actually increase. MOTION by Councilwoman Jorgenson �o award the contract for the Locke Lake Da� Restoration Project No. 211 to the low bzdder, Lunda Construction Company, in the amount of $537,375.75. Seconded by Councilman Schneider. Councilman Billings asked what funds would be used for this additional amount of $13,000 to $17,000 for the project. Mr. Pribyl stated that he would assume the funds would be taken from the capital improvement portion of the storm water fund. He stated that there should be sufficient funds to handle this excess without impeding any other projects. Councilman Billings stated that he has not been following this project very closely. He is shocked to find that the project comes to this, and now it is found that the County is contributing considerably less than anticipated. Mayor Nee stated that he felt it was a misunderstanding between the City and the Director of Parks for the County. He felt that the City's Public Works Director and the County's Park Director had a different perception than the County Commissioners. Mr. Burns, City Manager, stated that the County's cost for acquiring the Sajady property has increased, and the County will be completing park improvements at a later date. Councilwoman Jorgenson stated that in 1992, the Anoka County Board allocated $100,000 in their capital improvement plan for the Locke Lake Dam restoration. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22. 1994 PAGE 12 � Councilman Schneider felt that in the future, there should be written commitments and agreements before the Council makes 7udgments. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilwoman Jorgenson, Councilman Schneider, Councilman Billings, and Mayor Nee voted in favor of the motion. Councilwoman Bolkcom abstained from voting. Mayor Nee declared the motion carried. NEW BUSINESS: 5. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 2 AND SECTION 4.04 OF THE FRIDLEY CITY CHARTER (CITY COUNCIL ORGANIZATION, AND NOMINATIONS AND SPECIAL ELECTIONS): MOTION by Councilman Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Jorgenson. Councilman Schneider stated that he would be comfortable with this ordinance amendment if Section 2.06, subsection 1 did not have the reference to eight consecutive regular meetings of the Council. He stated that he would like a set time period rather than reference to consecutive regular meetings. � Councilman Billings stated that the Charter Commission did a marvelous job of addressing the issues. He stated that he has no problem with the ordinance amendments, except for the language regarding the eight consecutive meetings. He stated that if this was not included, he would be able to support the amendments. Councilman Billings stated that the current Council chooses to meet two regular meetings per month. With the proposed language of eight consecutive regular meetings, a Council member could miss four months. He stated, however, that some future Council could change their meeting schedule, and he would be more comfortable with a quantikative time period. Mr. Backlund, Chairman of the Charter Commission, stated that reviewing this ordinance amendment has been a lengthy process, and he would not be surprised if this would take another form in its next process. He stated that this amendment needs to be implemented because it solves a problem of vacancies. He stated that the Charter Commission will have to take what action they feel is appropriat�, Councilman Billings stated that if this change had not been added, he would be willing to support the amendment. He stated what he is hearing is if the Council does not approve it, the Charter Commission is going to do something different. He felt that this � was a very complicated issue and would be difficult to present to the voters. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 1994 PAGE_13 � Mr. Backlund stated that as Chairman of the Charter Commission he cannot tell what action the Commission would take, He stated that the Council has every right to reject this amendment in whole or part. He stated that the Charter Commission has sought outside information from the League of Women Voters and other parties. He felt that perhaps in the future, there should be dialogue between the Charter Commission members and the Council. xe stated that he would not make a threat but would only point out the alternatives available. He stated that there is some frustration among the Commission members because of the number of times this has been reviewed. He stated that the important item is that the City have a Charter that deals with vacancies between regular elections. He stated that it is their intent as a body �o act as a group and deliver a product as they see fit. It is the Council's prerogative to approve or reject it. Mr. Backlund stated that if the Council approves this change, it may be possible for the Charter Commission to re-review the changes in this questionable area. He stated that this is a complicated process and is difficult to change; however, he respects the judgment of the Council and will deal with the outcome. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilwoman Jorgenson voted in favor of the motion. Mayor Nee, Councilman Schneider, � Councilman Billings and Councilwoman Bolkcom voted against the motion. Mayor Nee declared the motion failed. Mayor Nee stated that there have been periods in the past where the Council had four or five meetings per week. He stated that it seems the City would be well served if the Charter Commission talked to the Council during their deliberations. Mr. Backlund stated that the Charter Commission should make the Council aware of the changes they are deliberating so that their time and the Council's is not wasted. Mayor Nee stated he would like to talk to the Commission to discuss the issue. Mr. Backlund stated that he felt it was incumbent on both the Charter Commission and Council to communicate. Mr. Herrick, City Attorney, stated that he did not know whether the Charter Commission or their legal counsel had followed a recent case in Coon Rapids, but they may want to review it. Mr. Sacklund stated that the Charter Commission would definitely want to insure that they did not do anything that would cause legal consequences for the City. � � � FRIDLEY CZTY COUNCIL MEETING OF FEBRUARY 22, 1994 PAGE 14 FIRST READING OF AN ORDINANCE AMENDING CHAPTER 4 OF THE FRIDLEY CITY CAARTER (NOMINATIONS AND ELECTIONS): MoTION by Councilman Billings to waive the first reading 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. 7. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 205 OF THE FRIDLEY CIPY CODE, ENTITLED "ZONING." AND CHAPTER 211 ENTITLED "SUSDIVISION," TO AMEND THE PUBLIC HEARING NOTIFICATION RADIUS: MOTION by Councilman Billings to waive the first 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. 7AA, ESTABLISH A PUBLIC HEARING FOR CONSIDERATION OF AMENDMENTS TO CHAPTER 220 OF THE CITY CODE: MOTION by Councilwoman Sorgenson to set the public hearing on these proposed amendments to Section 220 of the City Code for March 7, 1994. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION NO, 17-1994 AUTHORIZING PAYMENT OF CERTAIN CLAIMS WITHOUT PRIOR APPROVAL: Mr. Pribyl, F�nance Director, stated that this resolution is an update of a resolution passed in 1978 which gives the City Treasurer authority to issue checks without prior Council approval. He stated that items (a) through (p) were included in the 1978 resolution, and items (q) through (t) have been added in this resolution. MOTION by Councilwoman Jorgenson to adopt Resolution No. 17-1994. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVE BIDS AND A4JARD CONTRACT FOR CORRIDOR MAINTENANCE PROJECT NO. 266• MOTION by Councilman Schneider to receive the following bids for Corridor Maintenance Project No. 266: Bidder Total Bid Innovative Irrlgation ' 1000G University Avenue N.W. Coon Rapids, MN 55448 $13,444.00 FRIDLEY CITY COUNCIL MEETING OF FEHRUARY 22, 1994 PAGE 15 � Jon Isaaoson Lawn Care 10515 County Road 116 Rogers, MN 55374 $15,421.00 Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Erickson, Assistant Public Works Director, stated that two bids were received for this project, and it is recommended the contract be awarded to the low bidder, Innovative Irrigation. MOTION by Councilman Billings to award the contract for Corridor Maintenance Project No. 266 to the low bidder, Innovative Irrigation in the amount of $13,444.00. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. INFORMAL STATUS REPORT: HUGO STREET ANp RUTH STREET STOP SIGN ISSUE° Mr. Erickson, Assistant Public Works Director, stated that Mr. Wasserman, 340 Hugo Street, has requested a three-way stop sign at Hugo and Ruth Streets. He stated that at the request of Councilwoman Bolkcom, input was received from the residents � regarding installation of a stop sign. He stated that ten residents were in favor of the stop sign, and ten residents were opposed. Councilwoman Bolkcom suggested having a neighborhood meeting to discuss this issue. She stated that the question was not necessarily about vehicles colliding but for the safety of children at the bus stop. MOTION by Councilwoman Bolkcom to direct staff to establish a meeting with the neighborhood residents and crime prevention specialist to discuss this issue. Seconded by Councilman Schneider. Up��n a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ii. CLAIMS• MOTION by Councilman Schneider to authorize payment of Claim Nos. 54057 through 54297. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. LICENSES: MOTION by Councilman Billings to approve the licenses as submitted � and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.