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03/07/1994 - 00004397� THE MINUTES OF THE REGULAR MEETING DF THE FRIDLEY CITY COUNCIL OF MARCH 7, 1999 The Regular Meeting of the Friflley City Council was called to order at 7:34 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 Sillings, and Councilwoman Bolkcom Councilman Schneider COUNCIL MEETING, FEBRUARY 22, 1994: Councilwoman Sorgenson requested that in the last paragraph on Page 11, the minutes be corrected to show that the Anoka County Board had allocated $100,000 in their capital improvement plan for the Locke Lake Dam restoration. ' MOTION by Councilwoman Jorgenson to approve the minutes with the above correction. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: � MoTION by Councllwoman Jorgenson to adopt the agenda as submitted. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARING• 1. PUBLIC HEARING ON PROPOSED AMENDMENT TO CHAPTER 220. ENTITLED "RESIDENTIAL RENTAL PROPERTY MAINTENANCE AND LICENSING CODE:" MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Council- woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:38 p.m. � � FRIDLEY CITY COUNCIL MEETING OF MARCH 7, 1994 PAGE 2 Ms. Dacy, Community Development Director, stated that there are a number of reasons why this proposed ordinance amendment is being considered. She stated that the existing ordinance was adopted fifteen years ago and needs to be updated and modernized. Ms. Dacy stated that the City also wants to establish a routine and systematic inspection of about one thousand rental units per year which is one quarter of the total rental units in the City. She stated that the proposed increase in the fees is to cover the portion of an inspection program. Ms. Dacy stated that this proposed ordinance is one part of a comprehensive housing program which includes single family and multiple family rehabilitation programs. She stated that another part of the City's comprehensive program is to establish a rental owner/landlord coalition, which City staff has doneo Ms. Dacy stated that some of the major features of this ordinance involves maintenance of the dwelling units, inspection, and licensing procedures. She stated that in regard to maintenance, the ordinance establishes minimum building and structural standards. She stated that these standards pertain to exterior appearances, plumbing, heating, electrical, and structural elements of the lauildings. Ms, Dacy stated that licensing procedures have been amended to require owners to maintain an occupancy register, to have written procedures for responding to tenant complaints, and for accountability for the behavior of tenants. She stated that license fees would be increased to cover a portion of the cost of the inspection program. Ms. Dacy stated that there was concern in regard to inspections when this proposed ordinance was presented to the owners coalition. She stated that the concern was whether the City had authority to complete adequate inspections. She stated that the City Attorney has indicated there is case law to support such a program. She stated that City staff would work with the owners to establish a date and time for the inspections that is convenient to the owners. She stated that if an inspection is refused staff must obtain a court order or search warrant. She stated that a re-inspection fee will be charged if a violation has not been corrected by the third inspection. Ms. Dacy stated that at the meeting of the coalition, there was concern that a violation must be corrected within 24 hours. She stated that the Fire Department is using this policy only as a means to obtain a response from the owner when a complaint has been filed. Ms. Dacy stated that in reqard to the licensing procedure, the owner must have a license to rent a dwelling unit. She stated that � on the license application an agent or operator will be identified who can make repairs or remain accessible if the owner does not reside in the immediate area. She stated that owners will be asked FRIDLEY CITY COUNCIL MEETING OF MARCH 7, 1994 PAGE 3 � to provide an occupancy register when asked to the Fire Department in regard to the number of bedrooms in a unit and the number of persons occupying a unit. Ms. Dacy stated that another change is in the licensing fees. She stated that these proposed fees were reviewed with the owners coalition. She stated that the amount of revenue generated from the proposed fee increases is approximately $45,000. She stated that it is estimated the inspection program will cost $100,000, with two-thirds of this cost for personnel to conduct the inspections. She stated that the remaining costs would be for administration and computer equipment needed to implement the program. Ms. Dacy stated that the proposed ordinance addresses tenant behavior, and a written report must be submitted after two occurrences of disorderly conduct. She stated that failure of the owner to comply with this section of the ordinance may trigger a license revocation hearing before the Council. Ms. Dacy stated that in drafting this ordinance, staff has reviewed sixteen ordinances of other communities. She stated that this proposed ordinance has been reviewed with the coalition, and it is anticipated a number of persons will comment at this public � hearing. She stated that the City Attorney's office has been reviewing the crdinance and had some preliminary comments. These changes woul� -�aed to be incorporated. Councilwoman Jorgenson asked for the number of rental units in the City. Ms. Dacy stated that there are approximately four thousand. Councilwoman Jorgenson asked for the number of complaints received each year from rental units. Mr Dick Larson, Deputy Fire Chief, stated that last year 527 inspections were completed, and about two-thirds were complaints. He stated that the complaints involved no heat, water leaks, sewer backups, or insects in a unit. Councilwoman Bolkcom asked how long it had been since the fees were increased. Mr. Ferneliu;;, HRA Housing Coordinator, stated that the original ordinance was �dopted in 1964, and there was a$10.00 fee per unit. He stated that the current fees were adopted in 1981, so they have not changed in thirteen years. � Mr. Steve Schachtman, President of Steven Scott Management, Inc., stated that he does not own or manage any property in Fridley, but his company manages approximately six thousand apartment units. FRIDLEY CITY COUNCIL MEETING OF MARCH 7, 1994 PAGE 4 � He stated that he was one of the members of the task force in the City of Plymouth that successfully initiated a municipal monitoring ordinance and a member of the City of Minneapolis Licensing Review Board. Mr. Schachtman stated that the real issue is not better inspections, as Fridley does a very good job of inspecting their units. He stated that one issue that needs to be addressed is the fees. He stated that there are 508 buildings that comprise rental buildings in the City of Fridley. He stated that to ask the owners to absorb a 165 percent increase to obtain a proposed revenue of $46,000 cannot happen. He stated that in Fridley there is housing under HUD, and the rents cannot be raised. Mr. Schachtman felt that a task force should be established to come up with a workable solution. He stated that if there is a fee of $50.00 per building, that would raise $24,000, and the per unit charge should be phased in over a four-year period. Mr. Schachtman stated that owners of rental property are required under Minnesota statutes to post in the lobby of the building the appropriate addresses and phone numbers of those responsible. He stated that the Minnesota Multi-Housing Authority does have some clout when members are not subscribing to this statute. He stated � that in regard to occupancy registration, this will be a huge item to cover because occupancies change so often. He felt what is actually written in the proposed ordinance is different than the spirit intended, and it is very difficult to evict tenants. Mra Schachtman requested a delay on this proposed ordinance for 120 days and asked for a task force to be appointed to discuss the issues. He stated that the main issues are the fees. He did not believe that a 165 percent increase is �ustified for people who are having a difficult time making these rental properties work. He stated that he did not want the City to experience receivership or board up properties. He felt that the conduct issue should be solved and written into the ordinance so it is satisfactory for everyone. Mr. Schachtman felt that the occupancy registration issue should be addressed and perhaps have a once a year registra- tion. He suggested that a licensing review board be created to deal with those owners that are not abiding by the ordinance. Councilwoman Jorgenson asked Mr. Schachtman who he represents. Mr. Schachtman stated that he is a member of the coalition in Fridley and manages property in every city in the metropolitan area. Councilwoman Sorgenson stated to Mr. Schachtman that she received calis this weekend from persons saying that he does not represent them. � Mr. Schachtman stated that he is not saying he represents them, but that he is a concerned member of the Multi-Housing Authority. FRIDLEY CITY COUNCIL MEETING OF MARCH 7, 1994 PAGE 5 ' Councilwoman Jorgenson pointed out to Mr. Schachtman that the fees in Plymouth, where he had worked on their ordinance, were more � expensive than the fees proposed by Fridley. She stated that Fridley is proposing a$25.00 fee for one unit, and there is a $104.00 fee in Plymouth for one unit. Mr, Schachtman stated that only so much rent can be charged, and the issues of conduct, re-inspection, and the increase in fees has to be discussed. Councilwoman Jorgenson stated that Mr. Schachtman had suggested that a$50.00 per building fee be charged. She asked if he meant that a owner occupied duplex should pay the same as a forty unit apartment complex. Mr. Schachtman felt that perhaps smaller properties from one to ten could pay a flat fee of $50.00 and then have a per unit cost for larger units. Ms. Dacy stated that if the City of Fridley applied the City of Plymouth's fee schedule to Fridley properties, the revenue raised would be $68,191. She felt that the proposed increase in fees would be as consistent as possible on a per unit basis. She stated that in regard to the occupancy information, she wanted to make it � clear the City is not tracking tenants. She stated that owners will be asked to have information available on site, and a monthly report is not being requested. She stated that in regard to re- inspection fees, this procedure was reviewed with the landlords and owners so that }hey are aware that it is included in this proposed ordinance. Mr. Herrick, City Attorney, stated that the re-inspection issue and fee schedule is not his primary concern. He stated that in regard to the conduct portion, if anyone has suggestions or comments, they should be submitted in writing for review. Mr. Schachtman felt that what is written in the proposed ordinance and what is intended are two different things. He is very concerned that it should be black and white. Mr. Ness, 6425 Baker Avenue, stated that as far as the issue of insects, everyone has them. He stated that people can get insurance for plumbing problems. He felt that there should be better housing for older persons, and taxes should be lower. Mr. Ness felt that salaries of City employees should be reviewed and questioned why the City does not have volunteers. Mr. Ness stated that he felt the fees should be frozen, as well as a freeze on the number of inspectors hired. He stated that the City is getting to be a business, and he thought they should help the residents. � FRIDLEY CITY C�UNCIL MEETiNG OF MARCH 7, 1994 PAGE 6 � Mr. Morrissey, 1601 N. Innsbruck Drive, stated that he owns three units in the Black Forest complex. He lives in one and rents the others. He stated that he pays the association fee for these unrts and if renters have a problem, they oall the management company. He stated that he did not see the need for an increase in this fee, He stated that he did not know why the City has a rental fee on condos, as the association requires him to pay a fee to conduct background checks on all his tenants. He stated that tenants have to obey the rules and regulations of the condo associatione Councilwoman Jorgenson asked how many rental units in the City are covered under an association. Mr. Larson, Deputy Fire Chief, stated that there are three complexes in the City which have an association, the Black Porest Complex and Unity View Apartments. Ms. Donna Bramwell, representinq Georgetown Apartments, stated that one of hAr concerns is the inspection of apartments. She asked if all apartments would be inspected, even those that are occupied. Ms. Dacy stated that the Fire Department would establish a schedule of inspections for one thousand units whether they are occupied or vacant. She stated that staff would work with the owners to � determine what units would be inspected. Ms. Bramwell stated that in their landlord and tenant brochure, it is stated that they cannot enter their residents' apartments. She stated that they do not even give out the residents' names or tele- phone numbers. She stated that she is an apartment dweller and would be upset if someone came into her apartment, as this is her home. She stated that she has a problem with this portion of the ordinance, as she felt it was an invasion of privacy. Ms. Bramwell felt that the increased fee schedule was bound to come, and she understands the need for the increase. Ms. Bramwell stated that in some of their buildings they check all the safety equipment once a year. She questioned if the owner could submit a written report rather than the City conducting inspections of tenants' unrts. Councilman Billings stated that the purpose of this public hearing is to obtain input on this proposed ordinance. He stated that all the information received will be taken into consideration when a vote is taken on the final draft of the ordinance. He stated that the proposed ordinance may change considerably based on information obtained at this public hearing. � Mr. Herrick stated that in response to Ms. Bramwell's concern regarding inspections, he stated that inspections of this type are quite common. He stated that he owns condos in Bloomington, and FRIDLEY CITY COUNCIL MEETING OF MARCH 7, 1999 PAGE 7 � the rates are considerably hiqher than what is proposed in Fridley. He stated that he knows that Bloomington also inspects condo units and apartments. He stated that the Supreme Court has ruled that inspectors cannot enter residential property without the consent of the owners. He suspects that the same thing would apply to the tenants; however, the court has also ruled that when a municipality has a systematic inspection, when consent is not qiven, it is quite likely the court would authorize the entry for that purpose. He stated he would hope that in most cases that would not be necessary, as inspections are for safety purposes. Ms. Bramwell asked if the owner gives approval, but the tenant does not, if there would be a court order against the tenant, Mr. Herrick stated that this is an issue he has to check further. Ms. Bramwell stated that the property owners have a lot to lose if they have a fire or if tenants do not take care of their units. She stated that she would like for the owners to be able to make their own inspections and submit this information to the City. She felt that this would also save the City a lot of money. They have tried this in Maplewood and it has worked. Mr. Gary Wellner, 8457 Riverview Lane, Brooklyn Park, stated that ' he dzd not think anyone is against the ordinance. He stated that he has properties in Fridley, as well as several other munici- palities, and not one has the same ordinance Fridley is considering. He felt that from a landlord's point of view, it would be simpler to have a universal ordinance that is statewide. Mr. Wellner stated that his rents have not changed since 1990. For the fees he pays to the City, he receives nothing in services. He felt that the City should not police in a discriminating manner. He felt that there are single family homes which are run down and stiould be subjected to the same inspections as multiple units. Mr. Wellner stated that if he cannot be reached by his tenant, his lease allows for emergencies to be taken care of by the tenant. He felt that his tenants would not want the City coming into their homes for annual inspections. He felt that the City is trying to 7ustify someone inspecting his properties, and basically, that is telling him he is incompetent. Mr. Wellner stated that the Fire Department can address complaints when they are received. He stated that rental property owners pay higher taxes than owners of single family homes. These inspections could not be done for single family homes, as it would be political suicide. Mr. Wellner stated that if the Council wants to clean up the City, there are a lot of other ways to do it without further government ' intervention. He stated that rewards should be given for those who maintain their properties. FRIDLEY CITY COUNCIL MEETING OF MARCH 7, 1994 PAGE 8 � Councilman Billings stated that Mr. Wellner's suggestion that there be universal legislation would involve a lot of work, as there are about eighty municipalities in the seven county metropolitan area. He stated that he would be happy to work with Mr. Wellner on this issue as his time permits, Mr. Wellner stated that he has discussed this with other city councils, and he felt a group should be formed to address this issue. Ms. Norma Rust, 5735 Quincy Street, stated that she owns rental property in Fridley. She stated that she understands the increased fees are to fund an inspector. In comparinq license fees in Brooklyn Park to Fridley's proposed fees, Brooklyn Park can conduct their inspections with a$25.00 annuai feeo and Fridley is proposing a $100.00 fee. Ms. Heidi Skarie, owner and manager of apartment complexes in Fridley, stated that she has been involved with different properties around the metropolitan area. She stated that it seems this ordinance is being proposed because of problems. She stated that she is well aware of the problems, as they have had cars broken into and shots fired at cars in their parking lot. � Ms. Skarie stated that the building itself is very well managed. Their rents are high enough so they do not have lower income tenants, and there are no welfare tenants in the building. She stated that the J�uilding has 32 units, and some people have lived there for eighteen years. She stated that each year they see more vandalism. She questioned if the ordinance would take care of the problem. Ms. Skarie felt that the Police and Fire Departments and HUD know which buildings have problems and questioned why all the rental housing had to be inspected. She stated that they conduct an annual inspection of the building and did not feel an inspection of every unit had to be done to te11 if it is well maintained. She stated that this is a free democratic society and felt this was a move towards socialism. She stated that property taxes have gone up significantly. This cannot be changed, but the City can lessen the burden and not increase fees. Ms. Skarie felt that all buildings did not need to be inspected, but those where there are complaints or police calls should be inspected. She felt that the suggestion for the owner to turn in an annual report would be good, as it would be cheaper for both the owners and the City. Mayor Nee asked if a unit was inspected by HUD, would this be � acceptable in lieu of the City�s inspection? � � � FRIDLEY CITY COUNCIL MEETING OF MARCH 7. 1994 PAGE 9 Ms. Dacy stated that the rotation on the inspection would be done regardless if i� was a Section 8 unit or noto Ms. Fleming, manager of Springbrook Apartments and chairperson of the Rental Owner/Manager Coalition, felt that everyone who spoke regarding this proposed ordinance had good points. She said she knows that Ms. Dacy and City staff have spent a lot of time on this proposed ordinance. She felt that the ordinance could be revised to the point where everyone could live with it. Ms. Fleming stated that in regard to inspections, the owners are doing this themselves. She stated that on the larger properties, annual inspections are conducted and also when units are vacated. She stated th?t in regard to the increased fees, it may be possible to phase them lti and have an increase for those who have violations or excessive calls or complaints. Ms. Fleming stated that she was meeting with the Chamber of Commerce on March 15 to discuss this proposed ordinance and how it will affect rental industry in Fridley. She felt that everyone should try to work together for some resolutions that are satisfactory to all those involved. She sugqested that perhaps a study group or task force could be formed, Councilwoman Jorgenson asked how many property owners are represented by the coalition. Ms. Fleming stated that at their February 2 meeting, there were eighty people in attendance but she did not know how many rental units those people represented. Councilwoman Jorgenson stated that her concern is for the property oomers that �w1 the four thousand rental units zn the City and where they sta��d on this issue. Ms. Fleming stated that the coalition is very new but their attendance has been increasing. She said she would try to obtain this information for the Council. Mr. Rust, 5735 Quincy Street, stated that he has an eight unit apartment building in Fridley. He stated that most of the time when the Fire Department receives complaints it is when a tenant has been served with an eviction notice. TIe stated that it is hard to find out about these meetings, as a lot of people who own property do not get the Focus News. He stated that the coalition usually meets during the day when property owners may be at their �obs. He felt that most of the complaints received on rental properties were not serious and that a lot were related to insects Mr. Yafee, part owner of the Springbrook Apartments, stated that the license fee for their complex would increase from $980 to $2,500. He at�ited that they have 24 hour on-site maintenance and FRIDLEY CITY COUNCIL MEETING OF MARCH 7, 1994 PAGE 10 � managers on call at all times. He stated that he knows there are some problems, but he felt this ordinance was an over reaction. He stated that he would favor a task force to discuss this issue and a phasing in of the fees. He stated that they have 358 units while Georgetown has 462 units. He felt that the amount of complaints compared to the number of units was not excessive, He stated that he would like to work with the City for a more favorable solution rather than increasing the Pees three times the amount they are now paying. Ms. Isler, 1287 Norton Avenue, stated that she owns an eleven unit building in Fridley and would like to address the 24 hour require- ment. She felt that this was a 11gray" areae She stated that there could possibly be a problem this year with water coming into base- ments. She wondered why a situation like this would have to be resolved in a 24 hour period. She stated that she resents the fact that it is written in the ordinance. Ms. Dacy stated that the intent is not that the problem has to be resolved in 24 hours, but that it is an informal policy that the Fire Department wishes to try to contact the owner for acknowledg- ment to correct the situation. Ms. Isler stated that she would like to see this in writing. She � felt that rental property owners should not be singled out, and inspections should apply across the board to single family residences. Mr. Wellner, asked what constitutes a legitimate complaint. He stated that he did not feel this is spelled out clearly in the ordinance. He felt that the 24 hour issue also needs to be addressed. He £elt that the landlord tenant laws are written with the tenants in mind, Ms. Dacy stated that the City's housing stock is approximately thirty to forty years old. She stated that this proposed ordinance is one part uf a plan to look at all the structures in the City. She stated that if there are complaints, the existinq ordinance provides for a response and establishes a routine inspection of units. She stated that the Council is trying to plan for the future and establish routine inspections to determine if the ordinance requirements are being met. Ms. Dacy stated that Council directed staff to develop a truth-in- sale ordinance pertaining to single family homes and a scheduled site acquisition for abandoned buildings or those in a poor state of repair, Ms. Dacy stated that the issue is to protect the health, safety, � and welfare of the residents. A variety of tools have been reviewed to accomplish this goal. � FRIDLEY CITY COUNCIL MEETING OF MARCH 7, 1994 PAGE 11 Mr. Wellner felt that all properties in the community should be involved, not just rental properties. He stated that there are run-down single family homes. Mayor Nee stated that Council is moving forward in this direction to deal with properties that are not up to City standards. Ms. Bramwell stated that they have lost tenants from the Georgetown complex beaause of Fridley's poor water. She stated that their dishwashers do not function properly, and they have to �ake a loss because of the City's water. Councilwoman Jorgenson stated that this hearing on the proposed ordinance was to obtain input and to make necessary changes. She stated that there were a lot of excellent suggestions, and she felt that most would be incorporated in one form or another into this proposed ordinance. She stated that Council has begun to look at the whole housing situation in Fridley and not just rental properties. She stated that Council wants to make Fridley a place where people want to stay. The Council does not want it to become deteriorated like some cities in the metro�olitan area, Councilwoman Jorgenson stated that the coalition may wish to address the problem of landlords who are not maintaining their � buildings. She stated that perhaps the City Attorney can review the suggestion that those not maintaining their properties pay higher fees. She stated that Council is taking a very pro-active stand regarding all housing issues. This is �ust one in a series of ordinance changes over the next several years which the Council will be considering. � MOTION by Councilman Billings to receive a letter from Mro Al Bates regarding this proposed ordinance. Seconded by Councilwoman �orqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billinqs to receive a letter dated March 4, 1994, from Rodger and LaVearle Carey regarding this proposed ordinance. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Bolkcom stated that she talked with several persons by telephone regarding this proposed ordinance and encouraged them to submit written comments, as they would be appreciated. MOTION by Councilwoman Jorgenson to continue this public hearing to March 21, 1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECESS: Mayor Nee called a recess at 9:40 p.m. � � 1 FRIDLEY CITY COUNCIL MEETING OF MARCH 7, 1994 PAGE 12 RECONVENED: Mayor Nee reconvened the meeting at 9:53 p.m. Those members in attendance were Mayor Nee, Councilwoman Jorgenson, Councilman Billings, and Councilwoman Bolkcom. OLD BUSINESS• 2. ORDINANCE NO. 1026 AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE, ENTITLED, "ZONING," AND CHAPTER 211, ENTITLED "SUBDIVISION," TO AMEND THE PUBLIC HEARING NOTIFICATION RADIUS: MOTION by Councilman Billings to waive the reading and adopt Ordinance No. 1026 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. SECOND READING OF AN ORDINANCE AMENDING CHAPTER 4 OF THE FRIDLEY CITY CHARTER: MOTION by Councilwoman Sorgenson to table this item since only four Councilmembers were present and passage of an ordinance amending the City Charter requires the unanimous approval of all five Councilmembers. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: 4. APPOINTMENTS: CITY EMPLOYEES: Mr. Burns, City Manager, stated that he wished to recommend four persons for appointment. He stated that the firs� appointment is John Palacio as Chief Building Official. He presented Mr. Palacio's educational background and work history. MOTION by Councilwoman Jorgenson to concur with the following appointment by the City Manager: Name Position John Chief Building Palacio Official Exempt Starting Salarv $42,411.20 per year $3,534.27 per month Starting Date Replaces Mar. 28, Thomas 1994 Slazina Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Burns stated that the next two appointments are for patrol officers. He stated that Jon Burnham and Daniel Douglas are FRIDLEY CITY COUNCIL MEETING OF MARCH 7. 1994 PAGE 13 � recommended for these positions, and he presented their educational backgrounds and work history. � � MOTION by Councilman Billings appointment by the City Manager: Starting Name Position Salarv Daniel Patrol $12.61 Douglas Officer per hour Non- exempt to concur with the following Starting Date Mar. 8, 1994 Replaces New Position Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorqenson to cancur with the following appointment by the City Manager: Starting Name Position Salarv Jon Patrol $12.61 Burnham Officer per hour Non- exempt Starting Date Mar. 8, 1994 Replaces New Position Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, Mr, Burns stz�i�.3 that the fourth appointment zs Philip Perron as a Public Services Worker in the Sewer Section. �e reviewed Mr. Perron's educational background and the past experience he has had in this field. MOTION by Councilwoman Bolkcom to concur with the following appointment by the City Manager: Name Philip Perron Starting Position Salarv Pub11c $10.88 Services per hour Worker A.1-Sewer Non-exempt starting Date Mar. 21, 1994 Replaces Brett Goelz Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nce declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF MARCH 7, 1994 PAGE 14 � 5. RESOLUTION NO. 18-1994 IN SUPPORT OF A RENEWAL APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO WORLD ASSOCIATION OF THE ALCOHOL BEVERAGE INDUSTRIES (WAAB11 (SANDEE'Sle MOTION by Councilman Billings to adopt Resolution No. 18-1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, 6. RESOLUTION N0. 19-1994 IN SUPPORT OF A RENEWAL APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO WORLD ASSOCIATI�N OF THE ALCOHOL BEVERAGE INDUSTRIES (WAABI) (SHOREWOOD INN): MOTION by Councilman Billings to adopt Resolution No. 19-1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED, "ZONING," BY ADDING 205.27 (0-4 WETLAND DISTRICTI AND RENUMBERING OFFICIAL TITLE AND SUMMARY 205.28, AND AMENDING CHAPTER 11, "GENERAL PROVISIONS AND FEES:" � Ms. Dacy, Community Development Director, stated that this proposed ordinance adds a 0-4 Wetland District to the Zoning Code to implement the 1991 Wetland Conservation Act passed by the state legislature. She stated that this ordinance mirrors the require- ments of the state law and is not more restrictive than the state law. Ms. Dacy stated that a consultant was hired to identify properties that contain wetland areas. Ms. Dacy stated that the City of Lakeville has an ordinance regarding recovery of fees and staff time to administer their wetland ordinance. She stated that an amendment is proposed to Chapter 11 of the ordinance covering fees in order that the City may charge an administrative fee for special studies such as environmental assessment worksheets, transportation, drainaqe, noise impacts, ;ndirect source permits, wetland impacts, etc. She stated that the amount of the assessment is to be based on the site, complexity, diversity, and location of the project as determined by staff, but shall not be less than 2-1/2 times the hourly wage of estimated staff time. MOTION by Councilman Billings to waive tne reading and approve this ordinance on first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion � carried unanimously. FRIDLEY CITY COUNCIL MEETING OF MARCH 7. 1994 PAGE 15 � 8. APPROVE EXTENSION OF SPECIAL USE PERMIT, SP #93-01, BY WESTMINSTER CORPORATION, TO ALLOW HOMES FOR THE ELDERLY. GENERALLY LOCATED NORTA AND EAST OF ST. WILLIAM'S CHURCH ABUTTING FIFTH STREET N.E.: MOTION by Councilman Billings to approve the extension of Special Use Permit, SP #93-01, to September 1, 1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslye 9. APPROVE WAIVING FEE FOR TEMPORARY SIGN PERMIT FOR ST. WILLIAM'S CHURCH, GENERALLY LOCATED AT 6120 FIFTH STREET N.E.: MOTION by Couiicilwoman Sorgenson to waive the fee for the �emporary sign permit for St. William's Church. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. APPROVE JOINT POWERS AGREEMENT FOR THE EXPANSION AND IMPROVEMENT OF MANOMIN PARK AT LOCKE I,AKE IN ANOKA COUNTY: Mr. Flora, Public Works Director, stated that the County has prepared a Soint Powers Aqreement concerninq the purchase of the residential lot (Sajady property) adjacent to the north side of the � Locke Lake dam. He stated that the County proposes to purchase the property and have the City remove the structure. He stated that the County will own the property as an addition to Manomin Park and implement future improvements within two years after the Rice Creek Watershed District completes the dredging of Locke Lake. He stated that the City is allowed access across the County owned property to construct the Locke Lake dam. MOTION by CoLnc•ilwoman Jorgenson to authorize the Mayor and City Manager to exe�ute the Joint Powers Agreement with the County and encourages the City Manager and staff to expedite this process, Seconded by Councilman Billings. Upon a voice vote, Councilwoman Sorgenson, Councilman Billings and Mayor Nee voted in favor of the motion. Councilwoman Bolkcom abstained from voting. Mayor Nee declared the motion carried. 11. APPROVE CHANGE ORDER NO. 1 TO LOCKE LAKE DAM RESTORATION PROJECT NO. 211• Mr. Flora, Public Works Director, stated that this change order deletes items from the Locke Lake Dam restoration project associated with the park improvements to be completed by Anoka County. He stated that those items deleted are the fishing pier; concrete curb and gutter, bituminous parking lot, bituminous walkway, steel railing, block retaining wall, and a canoe portage. � MDTION by Cokncilman Billings to approve Change Order No. 1 to the Locke Lake Dar,. Restoration, Project No. 211, for a deletion of FRIDLEY CITY COUNCIL MEETING OF MARCH 7, 1994 PAGE 16 � $48,306.5o from the original contract with Lunda Construction Company. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman Billings, Councilwoman Jorgenson and Mayor Nee voted in favor of the motion. Councilwoman Bolkcom abstained from voting. Mayor Nee declared the motion carried< 12. RESOLUTION NO. 20-1994 ORDERING PRELIMINARY_ PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STINSON BOULEVARD STREET IMPROVEMENT, PROJECT N0. ST. 1993-7: Mr. Flora, Public Works Director, stated that Fridley has been working with the City of Mounds View to jointly upgrade Stinson Boulevard/Pleasant View Drive between 73rd Avenue and Osborne Road. He stated that a petition was received from residents to upgrade the road to 38 feet with parking on both sides and the installation of concrete curb and gutter. MOTION by Councilwoman Jorgenson to adopt Resolution No. 20-1994. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RESOLUTION N0. 21-1994 RECEIVING THE PRELIMINARY REPORT AND CALLING FOR A PUBLIC HEARING ON MARCH 21, 1994, ON THE MATTER � OF CONSTRUCTION OF CERTAIN IMPROVEMENTS: STINSON BOULEVARD STREET IMPROVEMENT PROJECT NO. ST. 1993-7: MOTION by Councilwoman Sorgenson to adopt Resolution No. 21-1994. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RESOLUTION NO. 22-1994 AUTHORIZING AND DIRECTING THE SPLITTINGfCOMBINATSON OF SPECIAL ASSESSMENTS ON: LOT l. BLOCK 1, AND LOTS 7 AND 8, BLOCK 2, NORTHCO BUSINESS PARK: MOTION by Councilman Billings to adopt Resolution No. 22-1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. INFORMAL STATUS REPORTS: OUTDOOR FOOD SALES: Ms. Dacy, Community Development Director, stated that at a previous meeting of the Council, Mr. Turner appeared before the Council asking if Council would consider an amendment to the ordinance to permit outdoor sales of food, as he operates a mini-doughnut stand. She stated that staff has developed three options for Council's consideration: (1) no change; (2) require a special use permit in � a C-2 and C-3 district; and (3) permit this use as an accessory use in a C-2 and C-3 district and require a license for a"seasonal food sale." � � � FRIDLEY CITY COIINCIL MEETING OF MARCH 7. 1994 PAGE 17 Ms. Dacy stated that if the Council wishes to permit the outdoor sale of food, a determination would have to be made if it would be only for the sale of mini-doughnuts or a broader definition of "seasonal food sales.10 She stated that if this is allowed, consideration should be given to standards or stipulations to be included in the ordinance such as the area of sale, location in relation to major entrances, protection of pedestrian waiting areas, equipment meeting all code requirements, site plans, etc. She stated that staff recommends that the City continue to prohibit outdoor sales of food in the C-2 and C-3 zoning districts, Councilman Billings asked about the outdoor sale of food at the '49er Days celebration and at Moore Lake Seach. Ms. Dacy stated that the '49er Days Committee obtain approval to permit the food vendors to operate on a temporary basis. She stated that at Moore Lake beach, license approval is obtained from the Health Department. She stated that Chapter 32 of the City's license ordinance does exempt governmental subdivisions from going through the licensing procedure. She stated that in both these two cases, the activities are held on property zoned "Public District." She stated that this district is drafted very loosely. Because these have been municipal activities, there has not been a question raised. Councilman Billings felt that out of fairness, if it is acceptable for the City to have outdoor sales of food, it should be acceptable for others to do the same thing. Ms. Dacy stated that she felt there was a distinction between the intensity of the uses. She stated that Mr. Turner proposes to operate on a continuing basis for as many months as possible. Councilman Billings stated that his initial response would be to take a closer look at allowing this kind of use for a specific period of time. He stated that he did not know if this would create a problem. He felt that the permit process should have sufficient stipulations. He stated that one problem he has is that often governmental units exempt themselves fr_om rules and expect everyone else to abide by them. Councilwoman Jorgenson stated that she would concur with Councilman Billings. She felt that the City should exempt themselves and not allow others the same type of access. Councilwoman Bolkcom stated that she would also agree. Her only concern is that sales of this nature may cause problems in other areas as far as pedestrians and traffic. Mr. Herrick, City Attorney, felt one issue that should be clear is if this would be an outdoor sale or consumption of food. � � FRIDLEY CITY COUNCIL MEETING OF MARCH 7. 1994 PAGE 18 Councilman Bil.lings stated that he would like staff to review this item and have these permits for a definite period of time. He would also lik� Council to have the opportunity to review them annually. Mr. Herrick felt that an annual review would be acceptable. If any conditions were placed on the permit and were violated, the permit could be revoked. Mayor Nee requested staff to work on this issue and bring it back to the Council. 16. CLAIMS• MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 54298 through 54530. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. LICENSEB; MOTION by Counc.ilman Billings to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Council- woman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, 18. ESTIMATES• MoTION by Councilwoman Bolkcom to approve the estimates as submitted: Newquist & EYcstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Statement for Services Rendered as City Prosecuting Attorney for the Month of January, 1994. .... o 0 0...$ 15,528.75 Maier Stewart « Associates 1326 Energy Park Drive St. Paul, MN 55108 52nd Avenue Pro�ect No. Estimate . Floodway/Clover Pond Diversion 222 Locke Park Filter Plant Modification � Project No. 240 Estimate . $ 1,570.00 $ 7,651.23