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03/21/1994 - 00004415� � � THE MINUTES OF TAE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MARCH 21, 1994 The Regular Meeting of the Fridley 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: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider, and Council- woman Bolkcom MEMBERS ABSENT: None PRESENTATION OF AWAR�S: Mayor Nee stated that one of the City departments has received two important awards, the distinguished budget award and the certificate of excellence in financial reportingo DISTINGUISHED BUDGET AWARD: Mr. Kevin Vouk, Chairman of the Budget Committee of the Government Finance Officers Association, presented the Distinguished Budget Presentation Award to the City for their highest professional standards of budgeting in non-profit entities. He stated that the City's budget was reviewed by the Government Finance Officers Association. Achieving this award is a significant accomplishment and indicative of the work by the Crty staff. Mr, Vouk congratulated the City's Finance Director, Rick Pribyl, his staff, and the City Council for their efforts to maintain high professional standards in budgeting for the City of Fridley. Mr. Pribyl, Finance Director, stated that he wished to recognize Paul Hansen, Etaff Accountant, and the City Manager, Bill Burns, for their work and input in this budget process. CERTIFICATE OF EXCELLENCE IN FINANCIAL REPORTING: Mr. Pribyl, representing the Government Finance Officers Association, presented the Certificate of Achievement for Excellence In Financial Reporting award to the City Council, which the City has received for thirteen years. He said that this is the highest award a government entity can obtain, and it zs a significant accomplishment for the City. � � � FRIDLEY CITY COUNCIL MEETING OF MARCH 21, 1994 PAGE 2 Mr. Pribyl also presented the Individual Award for Excellence in Financial Planning to the Assistant Finance Director, Howard Koolick, and thanked him and the Council for their time involved in this process> Mayor Nee stated that these awards represent hard work and leadership of City staff. He thanked staff for these achievements and for the quality of financial reporting. PROCLAMATION: DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST: APRIL 3 - 10, 1994: Mr. Bill Burns, City Manager, read this proclamation and Mayor Nee issued the proclamation declaring April 3 through 10, 1994 as days of remembrance of the victims of the holocaust in the hope that we will strive, as a nation and individually, to overcome pre�udice and inhumanity through education, vigilance, and tolerance. APPROVAL OF MTNUTES: COUNCIL MEETING, MARCH 7, 1994: MOTION by Councilman Bi111ngs to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a vo�ce vote, all voting aye, Mayor Nea declared the motion carried unanimously. ADOPTION 6F AGr,NDA: The foYlowing item was added to the agenda: (14� Resolution ordering the removal of hazardous buildings (one story frame dwelling with attached garage and two accessory structures) legally described as Lots 11 and 12, Block I, Riverview Heights, located at 513 Fairmont Street N.E. MOTION by Councilman Schneider to adopt the agenda with the above addition. 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 HEARIN:;>: 1. CONTINUA7iON OF PUBLIC HEARING FOR PROPOSED AMENDMENT TO CHAPTER 220, ENTITLED "RESIDENTIAL RENTAL PROPERTY MAINTENANCE AND LICENSING CODE:" Mayor Nee re-opened this public hearing at 7:45 p.m. �� � � FRIDLEY CITY COUNCIL MEETING OF MARCH 21, 1994 PAGE 3 Councilman Schneider stated that since he was not present at the last Council meeting, he has reviewed the video tape of the meetinge He stated that he felt the comments received were quite positive, and he agreed with Councilman BiTlings' statement that the public hearing was to receive input from the public and consider these issues before the amendments are finalized. MOTION by Councilman Schneider to receive staff's response to comments from the public hearing on March 7, 1994 regarding this rental licensing ordinance and identified in the agenda as Items lA through 1F. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Bolkcom to receive a letter dated March 16, 1994 from Larry Bucklin of Management Services, Inc., 591 West County Road B, Suite B2, Roseville, Minnesota. Seconded by Councilman Schneider. Upon a voice vo�e, a11 votinq aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive a letter from Steve Johnson, Director of Municipal Affairs of the Minnesota Multi- Housing Association, 4250 Park Glen Road, Minneapolis, Minnesota. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive a letter from Minneapolis St. Paul Real Estate Services, Inc. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Ellen Hughes, 4410 Douglas Avenue, Minnea�olis, owner of the Lucia Lane Apartments, stated t�at they try to maintain an attractive and well maintained buiTding. She stated that she had some concerns regarding this proposed ordinance. One concern is the fee schedule. Ms. Hughes explained that half of the income from rental units is to pay the mortgage. If this is applied to a ten unit apartment, the income from five of these units would go to financing. The income from two units would pay the taxes, leaving income from only three units to pay for snow removal, lighting, maintenance, etc. She stated that if the Crty doubles and triples the fees, this is a large obstacle for owners who want to maintain a decent apartment complex. She asked that the Council reconsider the fee schedule. Ms. Hughes felt that the definition of family is in violation of the Civil Rights Act and needs to be changed. She also questioned how habitable spaces was defined. On Page 4 of the ordinance it includes a kitchen, and on Page 20 it does not. She stated that occupancy depends on how habitable spaces is defined. FRIDLEY CITY COUNCIL MEETSNG OF MARCH 21. 1994 PAGE 9 � Ms. Hughes alsc� �elt that the 24 hour period for repairs was not fair. She stated that it would take longer than 24 hours just to contact a person to make the repairs. She felt that the occupancy register would be difficult to keep, especially in regard to who vacates the unitso Ms. Hughes stated that in regard to conduct on the premises, she does not want tenants who cause problems, She stated that the ordinance also says that apar�ment owners should not run a disorderly house, but this is no� defined. Ms. Hughes stated that the ordinance proposes inspections every three years. This is very expensive for the owners and the City, and she did not sae the purpose, Councilman Sillings asked Ms. Hughes the number of units at her apartment complex, Ms. Hughes stated that they have three buildings or a total of 48 units, She stated that they now pay about $150 a year in fees and with this new fee schedule, they would pay an additional $300 per year. She stated that right now, income is limited, as there are a lot of apartment vacancies. � Councilman Billings stated that this increase would amount to about $6 a year for each unit or fifty cents per month which is only two- tenths of one percent. He stated that at this meeting and the last Council meeting, the question of the tremendous increase in fees was raised, but actually it is a very small increase. Ms. Dacy, Community Development Director, stated that in regard to Ms. Hughes° concern about the fee schedule, the decision on the fees would be made by the City Council. Ms. Dacy stated that the definition of family in this ordinance is the same as the zoning ordinance. Ms. Hughes stated that the reference to persons related by blood, marriage, or adoption is aut af date and should be checked with the Citv Attorney. Ms. Dacy stated that the word "family" is a definition and not a requirement. She stated that the occupancy standards are different from the definition of a family. She stated that some of the owners provide for a maximum occupancy and to preclude that is not the intent of the ordinance. Ms. Dacy stated that in regard to the 24 hour period for repairs, this is the time period to notify the owner of a complaint or make ' the owner aware of a situation that needs to be corrected. She stated that this issue will be clarified. FRIDLEY CITY COUNCZL MEETING OF MARCH 21, 1994 PAGE 5 � Ms. Dacy stated that in regard to the occupancy register, this would fall under the Police Department for administration of the conduct portion of the ordinance. She would like the apartment owner to make this available. Ms. Dacy stated that the term "disorderly house" is defined on Page 27 of the ordinance. She stated that the Police Department intends to work with the apartment owners. The provisions of this ordinance are �o assure that the owners �ake aggressive steps to alleviate problems. Ms. Dacy stated that in regard to inspections, there is no change between the existing ordinance and the proposed ordinance in terms of the ability or amount of inspections to be conducted. Councilman Schneider stated that Ms. Hughes' statements relate to some of the comments raised at the last Council meeting. He stated that Ms. Hughes has a beautiful buildzng and it is well run, but the problems the City faces is the other five or ten percent that are not maintained. He stated that there are neighborhoods where there are problems, and some of these problems can be associated with rental buildings. He stated that the ordinance is not intended to be an attack on apartment owners but to try and be aggressive an order to preserve the neighborhoods and the � communi�y. Ms. Angie Fleming, Manager of Springbrook Apartments and Chairperson of the Rental Owner/Manager Coalition, submitted a letter from the Fridley Chamber o£ Commerce Government Relations Committee. She stated that their recommendation is that some additional thought and consideration be given to this ordinance and for the coalition to work with City staff or a that task force be established. Ms. Flemang pointed out that under the good conduct clause, the reference to being in violation of the code does not state which code. She stated that the other issue is revocation of a license, and it is not clear if this would be revoked for one unit or the entire building. Councilman Billings asked Ms. Fleming how the Rental Owner/Manager Coalition began. Ms. Fleming stated that she believed there was some prompting from the City. Some of the rental managers and owners had been discussing getting together to share information. She stated that a person may belong to the coalition whether they have only one unit or a large complex. She stated that there are four thousand rental units in the City, and owners of 2,311 units are � represented. Ms. Fleming stated that one of the purposes of the coalition is municipal monitoring, but their agenda is not normally this politically involved. FRIDLEY CITY CQUNCIL MEETING OF MARCH 21. 1994 PAGE 6 � � Councilwoman Jorgenson stated that one of the comments at the last meeting was that the owners of the apartment complexes were paying higher taxes. She stated that in reviewing tax statements, Spring- brook Apartments has had a substantial decrease in their taxes. Ms. Fleming stated that the decrease was due to some finance changes. Councilman Schneider stated that he believed there was a reevalu- ation of the property values and that tlhis wa� the xeason for the decrease. MOTION by Councilman Billings to receive a letter dated March 16, 1994 from Mark T^Theeldon, Chairperson of the Government Relations Committee for the Chamber of Commerce. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Steve Schachtman, President of Steven Scott Management, Inc., felt that the City should consider phasing in the fees over the next several years. He stated that if a license is revoked for one unit, this may not work. He felt that this item needs to be addressed more carefully. � Mr. Schachtman stated that if Anoka County would enact a housing court, he felt the conduct issue would be more readily received by the apartment owners. He stated that reaY estate taxes for rental property is too high. He suggested a study group to further review these amendments. Councilman Schneider stated that the Council cannot control the fact that �he Legislature choose to have higher taxes on rental property. He stated that property taxes on most apartment units in the City have actually decreased over the years. He felt that the question is what it is worth to owners not to have their property values decrease because of crime and deterioration. He stated that ti7e Council is attempting to take steps to prevent deterioration of the neighborhoods which will be in trie best interests of everyone in the community. Mr. Herrick, City Attorney, stated that if Mr. Schachtman has information on the housinq court, he would be happy to talk to the Chief Judge to see if there is interest in Anoka County. Mr. Herrick stated that he can appreciate the comments which have been made regarding the fees. He stated that he owns rental units in Bloomington, and the fee is substantially higher in Bloomington than what is proposed for Fridley. � Mr. Schachtman stated that the Bloomington rate increase was not this much at one time. FRIDLEY CITY COUNCIL MEETING OF MARCH 21, 1999 PAGE 7 � Mr. Herrick stated that in comparison to Fridley's proposed fee schedule and what other communi�ies are charging, the fees are not out oi line. He stated that Por many years, �he fees in Fridley have been very low in comparison with other communities. Mr. Schachtman stated that he believed the fees have not been increased for twelve yearse Mr. John Morrissey, 1601 N. Innsbruck Drive, stated that he did not object to the ordinance but the manner in which the fees are charged. He stated that he lives in the Black Forest condos and pays a fee to the Association to take care all the items outlined in this ordinance> He stated that he also cannot be responsible for control over the common areas. Councilman Schneider stated that persons who own condos or town- houses, and are part of the Homeowners Association, already have goals in line with what the Council is trying to accomplish. Mr. Morrissey stated that there are 92 units out of a total of 258 in the Black Forest condominiums which are not owner occupied. Councilman Schneider stated that everyone who owns a unit at these condominiums, whether they live there or not, must abide by the � rules of the Homeowners Association. Mr. Steve Johnson, representing the Minnesota Mu1ti-Housittg Association, stated that the Council received a letter fr_om their organization. They are working in other communities on similar items. He urged that the Council work with the coalition to wark out any differences. Mr. Herrick :;t3ted that the City staff have taken into consider- ation the comments from the last meetinq and are in the process of making some changes in the ordinance. He stated that changes will continue to be made, and the comments this eveninq will be considered. He suggested that if the coalition wishes to submit any written suggestions, they would be reviewed. Mr. Sohnson stated that the owners and managers have the s�me common goals, as the Council and felt everyone can work together to make this a winning situation. Councilwoman Jorgenson asked Mr. Sallman, Public Safety Director, to address the police calls at the apartment complexes. Mr. Sallman, Public Safety Director, stated that with multi-family housing, the same kind of things are occurring that occur at single family homes. He stated, however, that because of the high � density, there are disputes, parties, noise complaints, and cars are being broken into. � FRIDLEY CITY COUNCIL MEETING OF MARCH 21. 1994 PAGE 8 Councilwoman sorgenson stated that severaY complexes in the City have had an unusually high number of police calls. She believes this ordinance would address those issues. Mr. Sallman stated that there is a need for the City to respond in areas where the owners of the complexes have not taken action to correct problems that keep occurring. Councilman Schneider asked if there was a higher incident of crzme in areas surrounding the units where there has been �roblems. Mr. Sallman stated that crime does expand beyond the apartment complexes into the adjacent neighborhood. He stated that residents in a neighborhood where there was a shooting at an apartment complex have complained of problems spreading into the immediate area, Mayor Nee stated conduct issue of ordinance provides license. that there have been comments regarding the this ordinance and, as he understands, the for a hearing process before revocation of a Ms. Dacy stated that the ordinance establishes a procedure by which the Public Safety Director would initiate a revocation request to � the Council and would have to provide adequate notice and evidence of the type of ac�ivities that had occurred. The property owner would then have to respond. � Mr. Herrick stated that since the last meeting, the due process question has been reviewed> If there is a suspected violation, a notice would qo to the owner of the apartment complex, and if the suspected violation concerns the conduct of a tenant, a notice would also be sent to the tenant. He stated that both the owner and tenant could comment on the problem and would have an opportunity to refute any statements. He felt that it would be beneficial to the City and landlords if a tenant's lease provides that if they violate the lease or ordinance, this is cause for revocation of the lease. Mayor Nee stated that it is not the intent of the ordinance to prevent a landlord or owner from calling the police. Mr. Sallman stated that in apartment complexes, the owner is not necessarily the person calling the police. Calls may come from fellow tenants. He stated that in cases where an owner wishes to evict a tenant, sometimes it is difficult to document the problems, but police reports should be a benefit to the owners to provide this documentation. Councilman Billings felt that thzs ordinance could be broken into three major parts; inspections, policing and conduct, and re- defining and re-emphasizing issues in the existing code. Although � � � FRIDLEY CITY COUNCIL MEETING OF MARCH 21, 1994 PAGE 9 he stated that if the Council did not make any changes in the areas of conduct and other portions of the ordinance, he understands staff feels a need for additional inspections. Councilman Sillings stated that to increase the inspections would cost about $65,000 per year. He stated that with the fee structure proposed, this would raise about $46,OOD a year, He stated that the fee structure is designed to capture approximately two-thirds of �he labor costs for the increased inspections. He questioned the other costs in additbon to labor costso Ms. Dacy stated that there would be a cost of about $30,000 for equipment, vehicles, and administrative overhead. She stated that about half of this $30,000 would be a one-time charge for computer equipment. Councilman Billings stated that after the initial cost, the annual cost to the City would be about $80,000 per year to conduct these additional inspections with $46,000 in revenue coming from the proposed fee structure. Councilman Schneider stated that there probably would be some legal expenses, and he asked if these were included in the figures. Ms. Dacy stated that they were not included, but they would probably come from the $30,000 estimated for the initial start of this process. MOTION by Cou.�cilwoman Jorgenson to close the public hearing. Seconded by Co•zncilman Schneider. Upon a voice vote, all voting aye, Mayor Ne� declared the motion carried unanimously and the public hearing closed at 9:07 p.m. Mayor Nee stated that the Council would take into consideration the request for a study committee. 2. PUBLIC HEARING ON STINSON BOULEVARD STREET IMPROVEMENT PROJECT NO. ST. 1993-7: MOTION by Councilman 5chneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 9:07 p.m. Mr. Flora, Prb�_ic Works Director, stated that on August 18, 1993 a public meettng was conducted with Mounds View and with residents on Stinson Boulevard regarding a �oint pro�ect to upgrade Stinson Boulevard/Pleasant View Drive between 73rd and Osborne Road. He stated that as a result of this meeting, a petition was circulated where 89 percent of the residents signed for this improvement of the street to 38 feet wide with parking on both sides. He stated that the City would pay the costs for this improvement with the � ' ' FRIDLEY CITY COUNCIL MEETING OF MARCH 21, 1994 PAGE 10 exception of the concrete curb and gutter, which is to be assessed at a cost not to exceed $8.00 per front footo Mr. Flora stated that staff is working with the City of Mounds View and Ramsey County in preparation of the final plans and specifications for this project. No persons in the audience spoke regarding this proposed street improvement project. Councilman Schneider asked the time schedule £or this project. Mr. Flora stated that final plans for the project should be completed next month with construction beginning in June and to be completed in a month. MOTION by Councilman Schneider to cAose the public hearing. Seconded by Councilwoman 3orgenson. 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 SUSINESS• 3. ORDINANCE N0. 1027 AMENDING CHAPTER 4 OF THE FRIDLEY CITY CHARTER (TABLED MARCH 7, 1994 L Mayor Nee removed this item from the table. Mr. Hunt, Assistant to the City Manager, stated that most of these amendments are technical in nature to clean up the language and to clarify some ambiguities. MOTION by Cout�cilman Billings to waive the reading and approve Ordinance No. 1027 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. ORDINANCE N0. 1028 RECODIFYING THE FRIDLEY CITY CODE. CHAPTER 205, ENTITLED "ZONItdG," BY ADDING 205.27 (0-4 WETLAND DISTRICTI AND RENUMBERING CONSECUTIVE SECTIONS, AND AMENDING CHAPTER 11, "GENERAL PROVISIONS AND FEES": MOTION by Councilman Sillings to waive the reading and ad�pt Ordinance No. 1028 on the second reading and order publication of the summary. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. LIST OF FFIDLEY COMMISSION MEMBERS WHOSE TERMS EXPIRE APRIL l, 1994 AND JUNE 9, 1994 (TABLED JANUARY 18, 1994): Mayor Nee removed this item from the table. FRIDLEY CITY COUNCYL MEETYNG OF MARCH 21, 1994 PAGE 11 � Councilman Billings stated that he understands all Commission members whose terms expire have requested reappointment, with the exception of Susan Jackson on the Human Resources Commission. He stated he understands that, at this time, there are no recommendations ior this vacancy. MOTION by Councilman Billings to reappoint the following persons to the various Commissions whose terms expire April 1, 1994 and June 9, 1994, with the exception of the reappointment of Susan Jackson to the Human Resources Commission. PLANNING COMMISSION: David Newman to the Planning Commission for a three-year term which expires April 1, 1997. APPEALS COMMISSION: Catherine Smith and Caroi Beaulieu to the Appeals Commission for a three-year term which expires April 1, 1997. ENVIRONMENTAL OUALITY AND ENERGY COMMISSION: Bradley Sielaff and Richard Svanda to the Environmental Quality and � Energy Commiss�on for a three-year term which expires April 1, 1997. PARKS AND RECREATION COMMISSION: David Kondrick and Mary Schreiner ra the Parks and Recreation Commission for a three-year term which expires April 1, 199?. CABLE TELEVISION COMMISSION: Robert Scott and Paul Kaspszak to the Cable Television Commission for a three-year term which expires April 1, 1997. POLICE COMMISSION: Sohn Hinsverk to the Police Commission for a three-year term which expires Apr11 l, 1997. HOUSING AND REDEVELOPMENT AUTHORITY: Larry Commers to the Housing and Redevelopment Authority for a five-year term which expires June 9, 1999, Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � FRIDLEY CITY COUNCIL MEETING OF MARCH 21, 1994 PAGE 12 � NEW BUSINESS° 6. APPROVE TERMINATION AGREEMENT WITH RMS, INC., GENERALLY LOCATED AT 7645 BAKER STREET N.E.: Ms. Dacy, Community Development pirector, stated that in 1980, the Council approved a variance request for RMS, Inc, for a driveway improvement. One of the stipulations required execution of a mutual agreemer,t to insure that Lots 5, 6, and 8, Block 1, Naegel's Woodlands would not be conveyed separately to a third party without prior written consent of the City. She stated that the intent of the agreement was to insure adequate drainage on the property. Ms. Dacy stated that RMS, Inc. would like to convey Lots 5 and 6 to a third party. They are requesting that the City approve an agreement which terminates the mutual agreement signed in 1980. She stated that the Public Works Department has confirmed there are not any drainage problems in this area, and it is recommended that Council approve execution of the termination agreement. MOTION by Councilman Schneider to authorize the Mayor and City Manger to enter into the termination agreement with RMS, Inc. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 7. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 9,_1994: � A. ESTABLISH A PUBLIC HEARING FOR APRIL 4. 1994 FOR A PLAT R�UEST, ?.S. #94-01. BY SCOTT LUND OF RITE-WAY MOBILE HOME REPAIR, GENERALLY LOCATED ON HIGHWAY 65 SOUTH OF FIRESIDE DRIVE AND NORTH OF 73-1/2 AVENUE N.E.: MOTION by Councilman Schneider to set the public hearing on Plat Request, P.S. #94-01, for April 4, 1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pdee declared the motion carried unanimously. B. ESTABLISH A PUBLIC HEARING FOR APRIL 4. 1994, FOR A REZONING REQUEST, ZOA #94-01. BY SCOTT LUND OF RITE-WAY MOBILE HOME REPAIR, TO REZONE PROPERTY FROM C-3, GENERAL SHOPPING CEPdTER DISTRICT, TO M-1, LIGHT INDUSTRIAL, GENERALLY LOCATED ODi HIGHWAY 65 S�UTH OF FIRESIDE DRIVE AND NORTH OF 73-1/2 AVEPdUE N.E.: MOTION by Councilman Schneider to set the public hearing on Rezoning Request, ZOA #94-01, for April 4, 1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF MARCH 21, 1994 PAGE 13 � C. SPECIAL USE PERMIT REOUEST, SP #94-01, BY WAL-MART STORES, TO ALLOW GARDEN CENTERS OR NURSERIES WHICH REOUIRE OUTSIDE DISPLAY OR STORAGE OF MERCHANDISE, GENERALLY LOCATED AT 8450 UNIVERSITY AVENUE N.E.: Ms. Dacy, Community Development Director, stated that this is a request for a special use permit by TnTal-Mart to a11ow a garden center and outside display for storage of inerchandise. She stated that the Planning Commission recommended approval of this special use permit for one year only, as Wal-Mart is preparing plans to expand the existing building. She stated that the Planning Commission also recommended four stipulations, which she outlined. She stated that the word °1outdoor" should be eliminated in Stipulation 2. MOTION by Councilwoman Bolkcom to concur with the recommendation of the Planning Commission and grant Special Use Permit� SP #94-01, with the following stipulations: (1) Bulk items shall be stored in the constructed garden center where they shall be screened from the public right-of-way; (2) Storage or sales of chemical fertilizers, pesticides, or herbicides shall not occur outside the main building; (3) Wal-Mart shall submit plans for an enlarged garden center for Planning Commission and City Council review by November l, 1994 for the 1995 sales year; and (4) this special use � permit, SP #94-01, shall be valid for one year. Seconded by Councilman Billings. Councilwoman Jc>rgenson asked if any of the handicapped stalls would be eliminated because of this use. Mr, Chris Hamline, Assistant Manager at Wal-Mart, stated that if any stalls were eliminated they would be replaced. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning Commission Meeting of March 9, 1994. Seconded by Councilwoman Sorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. MOTION TO APPROVE ORDINANCE NO. 1028 REGARDING OFFICIAL TITLE AND SUMMARY FOR THE 0-4. WETLAN4 OVERLAY DISTRICT: MOTION by Councilman Billings to approve Ordinance No. 1028, Official Title and Summary. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 9. RESOLUTION NO. 23-1994 ADOPTING AN TNVESTMENT POLICY: Mr. Pribyl, Finance Director, stated that this investment policy oaas created using model policies from the Government Finance � FRIDLEY CITY COUNCIL MEETING OF MARCH 21 1994 PAGE 14 Officers Association, the Municipal Treasurers Association, and the State Auditor's Office. He stated that the policy includes a few non-substantial changes; however, the Council should be aware of the change in authorized and suitable investmentse Mr. Qribyl also outlined the sections contained in this investment polacye MOTION by Councilwoman Jorgenson to adopt Resolution No. 23-1994. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslye 10. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 11. CLAIMS: MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 54531 through 54747. Seconded by Councilman Billings. 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 �ile in the License Clerk's Officeo Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. ESTIMATES� MOTION by Coiincilman submitted: Billings to approve the estimates as Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55433 Statement for City Attorney February, 1994 Services Rendered as for the Month of . . . . . . . . . . . . . . . $5, 120.33 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RESOLUTION NO. 24-1994 ORDERING THE REMOVAL OF HAZARDOCJS BUILDINGS (ONE STORY FRAME DWELLING WITH ATTACHED GARAGE AND TWO ACCESSORY STRUCTURESI, GENERALLY LOCATED AT 513 FAIRMONT � STREET N.E.: Ms. Dacy, Community Development Director, stated that in accordance with the advice of the City Attorney, she wished to outline the conditions on this property which make it a hazard. She stated that the roof is leaking, has deteriorated and has structural problems. She stated that the building lacks functioning plumbing,