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07/22/1996 - 00002116� , THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 22, 1996 The Regular Meeting of the Fridley City Council was called to order by Mayor Nee at 7:56 p.m. 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 APPROVAL OF MINUTES: COUNCIL MEETING, JULY 8, 1996• MOTION by Councilwoman Jorgenson to approve Lhe minutes as presented. Seconded by Councilman Schneider. Upon a voice cote, all voting aye, Mayor Nee declared the motion carried unanimously. APPROVAI, OF PROPOSED CONSENT AGENDA. NEW BUSINESS� 1 2 RECEIVE THE MINUTES OF THE PLAPdNIPdG COMMISSION MEETING OF SULY 10, 1996. RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF JULY l0, 1996. SPECIAL USE PER.MIT, SP #96-12, BY DAT TRAIQ, TO ALLOW ACCESSORY BUILDINGS OTHER THAN THE FIRST P.CCESSORY BUILDING, OV�R 240 IT/�\.7� Mr. Burns, City Manager, stated that this is a request for a special use permit to allow construc�ion of a 24 foot by 24 by 26 foot second accessory structure StaTf originally recommended denial due to the age and non-conforming status of the main structure. The petitioner, howzver, agreed to remove the hard surface ad�acent to the existing garage, leav�ng only one driveway. Therefore, approval is recommended � GRANTED SPECIAL USE PERMIT, SP #96-12, WITH THE STIPULATION THAT THE PETITIONER SHALL REMOVE THE HARD SURFACE PAFtKING AREA ADJACENT TO THE DWELLING UNIT AND THIS AFtEA SHALL BE RE-SODDED OR SEEDED. � � FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 3 4 5 6 PAGE 2 APPROVE COMPREHENSIVE SIGN PLAN FOR THE GYM, LOCATED AT 6525 UNIVERSITY AVENUE N.E. (WARD 1): Mr. Burns, City Manager, stated that with the addition of a third tenant to this property, the code requires the submission of a comprehensive sign plan. The proposed new sign is to be a four foot by eight foot internally lit cabinet sign. The total square footage of signage complies with the ordinance requirements for wall signage, and staff recommends approval. APPROVED THE COMPREHENSIVE SIGN PLAN FOR THE GYM, 6525 UNIVERSITY AVENUE N.E. FIRST READING OF AN ORDINANCE TO REPEAL ORDINANCE N0. 1062 PERTAINING TO VACATION OF A DRAINAGE AND UTILITY EASEMENT (INDUSTRIAL EQUITIES, 73RD AVENUE AND NORTHCO DRIVE) (WARD 1): Mr. Burns, City Manager, stated that Ordinance No. 1062 was adopted by the Council on January 8, 1996 for the vacation of a drainage and utility easement on property located near 73rd Avenue. The legal description contained in the ordinance was prepared by the petitioner's surveyor. It referred to a lot and block description which was preciously assigned to the property. Because the property subsequently was platted, the previous lot and block description does not coincide with the description on the Torrens certificate In order to correct the legal description, Ordinance No 1062 must be repealed, and a new ordinance containing the corrected legal description must be adopted. WAIVED AND READING AND APPAOVED THE ORDINANCE ON FIRST READING. FIRST READING OF AN ORDINANCE UPIDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (INDUSTRIAZ EQUITIES, 73RD AVENUE AND NORTHCO TIDTSTL'1 lG1TDTl 'I 1 • Mr. Burns, Ciry Manager, stated that this ordinance provides a corrected legal description o= the Industrial Equities easement vacation at 73rd Avenue and Northco Drive. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. RECEIVE BIDS AND AWARD CONTRACT P'OR THE NII SSISSIPPI STREET AND THIRD STREET INTERSECTION IMPROVEMENT PROSECT N0. 96-04 (WARD 1)� Mr Burns, City Manager, stated that bids were opened on June 20. Four bids were receiced for Lne Mississippi Street and Third Street intersection improvement. The low bidder was ' � � FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 7 PAGE 3 W.B. Miller, Inc. in the amount of $212,616.20. The original estimate for this pro�ect was $162,237.69. The cost overrun is a result of a combination of additional requirements by Anoka County and current market conditions/pricing by contractors. Of the $50,378.51 overage, the engineer is esti- mating that approximately $26,000 to $34,000 is a result of the County requiring complete remilling and sawcutting of the pavement at the intersection. Other factors affecting the cost are a higher mobilization cost than originally antici- pated; a higher per unit cost for asphalt because of the increase in the cost for oil since last year; and the traffic control requirements of the pro�ect itself total $5,000. Mr. Burns stated that when the cost sharing agreement was originally approved, it was understood that additional costs would ultimately be the responsibility of the Housing and Redevelopment Authority (HRA). The HRA passed a resolution agreeing to pay for a11 the additional costs in order to proceed with the pro�ect in a timely manner sub�ect to sLaff pursuing other contributions, if possible. The County is processing a request to contribute an additional amount equal to $20,000, and Holly Center has been contacted to determine its willingness to contribute an additional amount toward the pro�ect. Rottlund Homes indicated that they cannot contribute additional funds due to unanticipated utility and other costs for the site preparation. Mr. Burns stated staff recommends that the bid be awarded to W. B. Miller, Inc. in the amount of $212,616.20. RECEIVED THE FOLLOWING BIDS FOR THE MISSISSIPPI STREET AND THIRD STREET INTERSECTION IMPROVEMENT PROJECT NO. 96-09: W. B. MILLER, INC ,$212,616.20, MIDWEST ASPFIALT CORP., $214,977.40; ALBER ASPHPS,T CO., $217,999.40; AND LAND DAR, INC , $255,302.10. AWARDED THE CONTRACT TO THE LOW BIDDER, W. B. MILLER, INC. IN THE AMOUNT OF $212,616.20, CONTINGENT UPON APPROVAL BY THE MINNESOTA STATE AID OFFICE. RECEIVE B1DS AND AGdARD CONTRACT FOR 1996 STRLET IMPROVEMENT PROJECT N0. ST. 1996 - 1& 2' Mr. Burns, City Manager, stated that bids were opened on July 18 for the 1996 Street Improvement Pro�ect No ST. 1996 - 1& 2. The pro�ect includes reconstruction of Alden Way irom Rickard Road to 79th Way; East River Road to the Burlington Northern tracks; sewer diversion from East River Road to the Metropolitan Waste Environmental Services interceptor; and miscellaneous overlays Six bids were received, and the 1ow bidder was Thomas and Sons Construct?on, Inc. in the amount of $527,183.64. It is recommended tnat Lhe contract be awarded to Thomas and Sons Construction contingent upon approval of the plans and specifications by the Minnesota SLate Aid Office. �J � FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 8 9 10 11 PAGE 4 RECEIVED THE FOLLOWING BIDS FOR THE 1996 STREET IMPROVEMENT PROJECT NO. ST. 1996 - 1 & 2: THOMPS & SONS CONSTRUCTION, INC., $527,183.69; W. B MILLER, IN., $549,859.75; HPS2DRIVES, INC., $554,528,94; MIDWEST ASPHAI,T, $595,725.90; VALLEY PAVING COMPANY, $611,657.65; AND C.S. MCCROSSAN C�NSTRUCTION, INC., $623,710.70. AWARDED THE CONTRACT TO THOMA.S & SONS CONSTRUCTION, INC. FOR $527,183 64, CONTINGENT UPON APPROVAL BY THE MINNESOTA STATE AID OFFICE. APPROVE CHANGE ORDER NO 5 FOR 1995 STREET IMPROVEMENT PROJECT N0. ST. 1995 - 1& 2: Mr. Burns, City Manager, stated that this change order is to allow B-624 curb and gutter rather than B-618 in order to provide consistent curb and gutter style along University Avenue. The additional cost is $9,956 which is borne by the State Staff also recommends approval. AUTHORIZED CF3ANGE ORDER NO. 5 FOR 1995 STREET IMPROVEMENT PROJECT NO ST. 1995 - 1& 2 WITH HAI2DRIVES, INC. IN THE AMOUNT OF $4,956.00. RL�SOLUTION N0. 48-1996 AUTHORIZIDIG THE POST IIQG OF "NO PARKIIQG" Mr. Burns, City Manager, stated that in order to obtain State Aid funding for the Alden Way improvements, the City must post "no parking" on one side of the street. The east side of the street will be posted with "no parking" signs, and staff recommends adoption of this resolution. ADOPTED RESOLUTION NO. 98-1996, RESOLUTION N0. 49-1996 AUTHORI2ING CIiANGES IN APPROPRIATIONS FOR THE GENERAL FUND FOR THE SECOND QUARTEk OF 1996 Mr. Burns, City Manager, stated thut this resolution is to amend appropriations to the 1996 budget which have arisen as a result of donations, unforeseen ex_penditures, and reclassifi- cation of account codings. ADOPTED RESOLUTION NO 49-1996. APPROVE SPECIAL ASSESSMENTS FOR OSBORNL� COMMERCE CENTER Mr Burns, Ci�y Manager, stated that Steiner Decelopment, � Inc., on behalf of Consolidated Container, is constructing a 101,600 square foot multi-tenanL office warehouse pro�ect on the northwest corner of Osborne Road and Main Street. About half of the building will be occupied by Gazda Mayflower � FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 5 Mr. Burns stated that the developer has submitted a letter requesting that only the interest costs of the original assessment be spread over ten y2ars. A reduction of the assessment is not requested Storm sewer improvements were assessed to the site as part of the Commerce Lane portion of the 1989 street improvement pro�ect. This assessment roll was adopted in 1990. It is for a ten year period which ends in the year 2000 at 8-1/2 percent interest. Mr. Burns stated that Steiner Decelopment is proposing to pay the total interest of $21,250.17 over ten years with annual payments of $2,125.02. This proposed request will not result in any financial loss to the City given the size of the pro�ect and the property taxes. There would also be no impact to the Housing and Redevelopment Authority's budget. APPROVED AND DIRECTED STAFF TO PREPARE AN ASSESSMENT ROLL WHICH SPREP.DS THE $21,250.17 INTEREST AMOUNT OVER A TEN YEAR PERIOD. 12. APPROVED 1996/1997 ANIMAL CONTROL COPdTRACT BETWEEN THE CITY OF FRIDLEY AND SK`'LINE VETERINARY HOSPITAL• Mr. Burns, City Manager, stated that the City's current � contract with the Skyline Veterinary Hospital expires on July 31. The new contract provides a two percent increase from $1,250 to $1,275 per month. The Police Department is satisfied with the services provided by Skyline Veterinary Hospital, and staff recommends approcal of the contract. APPROVED THE 1996/1997 ANZMAL CONTROL CONTRACT BETWEEN THE CITY AND SKYLINE VETERINARY HOSPITAL AND AUTHORIZED THE APPROPRIATE OFFICIALS TO EXECUTE SAME. 13. CLAIMS' AUTHORIZED PAYMENT OF CLAIM NOS. 68987 THROUGH 69237. 14 . LICEtdSES • APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. 15. ESTIMATES� APPROVED THE ESTIMATES, AS FOLLOWS: Richmar Construction, Inc � 7776 Alden Way, N.E Fridley, MN 55432 53rd Acenue Booster Station Project No. 280 Estimate No. 3 . . . . . $22,365.85 � �� � FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 6 Hardrives, Inc. 14475 Quiram Drive Rogers, MN 55374-9461 1995 Street Improvement Pro�ect No. ST. 1995 - 1& 2 Estimate No. 5 . . . . . . . Landmark concrete, Inc. 17630 Highway 65 Ham Lake, MN 55304 1996 Removal & Replacement Concrete Curb and Gutter Pro�ect No 294 Estimate No. 2 . . . . of Miscellaneous and Sidewalk $30,401.23 _ . . . . . $ 3, 669.37 No persons in the audience spoke regarding the proposed consent agenda items. MOTION by Councilwoman Bolkcom to approve the consent agenda items. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. r��yw�a��a��ar.r� MOTION by Councilman Billings to add a resolution agreeing to and authorizing execution of a recreational facility cooperative agreement between the City and School District Pdo 14 for the �oint use of Hayes Elementary School. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to adopt the agenda with the aboce addition to be added before the Open Forum segment of the agenda Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15A. RESOLUTION NO. 50-1996 AGREEING TO AND AUTHORIZING EXECUTION OF A RECREATIONAL FACILITY COOPERATIVE AGkEEMENT BETWEEN THE CITY OF FRIDLEY AND SCHOOL DISTRICT N0. 14 FOR THE JOINT USE OF HAYES ELEMENTARY SCHOOL IN THE CITY OF FRIDLEY: Mr. Burns, City Manager, stated that the intent of this resolution is to authorize entering into an agreement with School District No. 14 �oint use of the Hayes Elementary gymnasium. The agreement specifies the terms for �oinL us2 and the City's contribution for financing 920 square feet of gymnasium space ($42,000), the difference in cost between a hardwood gymnasium floor and a tiled floor ($33,000); additional costs for constructing a 240 square foot warming house ($24,000); and a$10,000 contingency. In the event these items exceed $109,000, the City will have the right to � � FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 7 rescind its participation in this agreement by giving notice within fourteen days of the official bid opening for the pro�ect. Mr. Burns stated that the agreement is for thirty years and would automatically renew on an annual basis until the school district or City terminates the agreement. He reviewed the terms for construc- tion; maintenance, repairs and destruction of improvements; use of the premises; fees; insurance; utilities; and indemnitication. Mayor Nee asked if the facility would be available for use by senior citizens. Mr. Burns tional use nothing in facility. stated that the City would schedule some open recrea- . If senior citizens want to use the gym, there is the agreement that would preclude them from using this Councllwoman Jorgenson stated that the usc of the gymnasium would be for all residents of the City. Councilman Schneider asked if it was the City's intent to schedule non-organized time as well as time for organized activities. Mr Burns stated that it would be the City's intent to schedule time for unorganized as well as organized activities. MOTION by Councilman Billings to adopt R2solution No. 50-1996 and authorize the appropriate officials to execute th2 agreement. Seconded by Councilwoman Jorgenson. Councilman Schneider asked if the resolution had to be read since it was not an official agenda item. Mr. Knaak, City Attorney, stated that Council can waive the reading by a motion. Past practice of the Council is that resolutions have not been read, but the title could be read. MOTION by Councilman Billings to amend the motion by waiving the reading of this resolution and agreement between School District No 14. Seconded by Councilman Schneider. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. Councilrnan Billings stated that the essentials of the resolutiori and agreement have been adequately explained by the City Manager. Mr. Burns stated that the school board has asked for a vote this evening so they can begin the bidding process in August and open bids in September. If Council does not take action, it will not � give the school district time to assemble their drawings and specifications. The school district feels that the bids will be better if bid at this time. � FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 8 Councilwoman Jorgenson stated that she and Councilman Billings have been working with the school district on this issue. Also, Jack Kirk and Karen Schaub have been oaorking on the cooperative agreement, and the process has been ongoing for several months. Councilman Schneider felt it was critical that even though all residents in Fridley can use this gymnasium, the City`s investment should be protected. If the agreement should terminate, the building should be appraised, and a pro-rated share of the City's investment of the value of the building should be returned to the City. Councilwoman Bolkcom felt that the City would want to continue the use of the gymnasium until it no longer exists or the City no longer needs the facility. The relationship between the school district and the City is excellent Councilman Schneider stated that he felt the relationship between the school board, City Council, and City staff is excellent. He would not have a concern if he knew this would continue for the term of the agreement. However, circumstances may change, and the City Manager has drafted language in an attempt to resolve Lhis concern. � MOTION by Councilman Schneider to amend the agreement by deleting the following language, under Section 2, Term of the Agreement: "If District at any time determines that the Hayes Elementary School is no longer necessary or suitable to operate as an elementary school it may, solely at its option, close, lease or convey the school, and this agreement will be amended as follows If the District decides to maintain and operate the school for other District purposes or to lease the school, this Agreement will continue according to its terms. If the District decides to convey the school, a share of the selling price that represents the remaining value of the improcements paid for by City under Section 3B of this �greement wi11 be returned to the City from funds received by District in the sale. In no event shall the return of funds to the City, under this paragraph or any other provision of this Agreement, exceed the City's initial contribution for construction under Section 3B. If the District decides to close the school, the City will have the option to continue to operate, at its sole expense, that part of the school necessary to continue the terms of this Agreement." Further, the following language is to be substituted. "In the event that Lhe District for any reason terminates the agreement, the District and the City will �ointly hire an appraiser to appraise the remaining calue o£ the building. The District will reimburse the City for a portion of this value � based on the City's proportion on the initial_ incestment in the gylnriasium In no case will the District's reimbursernent exceed the City's original investment." Seconded by Councilwoman Bolkcom. � FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 9 Councilman Billings stated that over the last several weeks staff has worked closely with the school district to reach some parameters for an agreement which was passed on to the attorneys for review. Perhaps the City Attorney should comment on the language and how it would be perceived by the school district. Mr. Knaak stated that the point should be clarified on the intent of the language with respect to the method of valuation on the City's portion of the overall investment. He suggested that the language in Section 2 be clarified in the second to the last line by substituting the words "of the overall investment in the gymnasium," rather than the words "on the initial investment in the gymnasium." COUNCILMAN SCHNEIDER WITHDREW HIS MOTION, WITH PERMISSION OF HIS SECONDER COUNCILWOMAN BOLKCOM. MOTION by Councilman Schneider to amend the agreement by deleting the following language, under Section 2, Term of the Agreement. "If District at any time determines that the Hayes Elementary School is no longer necessary or suitable to operate as an elementary school it may, solely at its option, close, lease or convey the school, and this agreement will be amended as follows• If the District decides to maintain and operate the school for � other District purposes or to lease the school, this Agreement wlll continue according to its terms. If the District decides to convey the school, a share of the selling price that represents the remaining value of the improvements paid for by City under Section 3B of this Agreement will be returned to the City from funds received by District in the sale In no event shall the return of funds to the City, und2r this paragraph or any other provision of this Agreement, exceed the City's initial contribution for construction under Section 3B. If the District decides to close the school, the City will have the option to continue to operate, at its sole expense, that part of the school necessary to continue the terms of this Agreement." Further, the following language is to be substituted: "In the event that the District for any reason terminates the agreement, the District and the City wi11 �ointly hire an appraiser to appraise the remaining value of the building. The District will reimburse the City for a portion of this value based on the City's proportion of the overall investment in the gymnasium. In no case will the District's reimbursement exceed the City's original investment " Seconded by Councilwoman Bolkcom. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously Councilman Schneider stated that it is not his intent to be argu- mentative, but he has had discussions with residents outside of � School District No. 14 regarding the spending of tax dollars. He felt, therefore, that this language was needed to rightfully address the concerns of taxpayers that are not in School District No 14. ' FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 10 UPON A ROLL CALL VOTE ON THE MAIN MOTION, Councilman Billings, Councilwoman Jorgenson, Mayor Nee, Councilman Schneider, and Councilwoman Bolkcom voted in favor of the motion. Mayor Nee declared the motion carried unanimously. Councilwoman Bolkcom stated that the City Manager was to take this resolution and agreement to the school board at their meeting which is in progress. At this time, Mr. Burns left the meeting to deliver these documents to the school board at their meeting. OPEN FORUM, VISITORS: MS. JAN JOLLY, REPRESENTING SACA. Ms. Jolly, representing SACA, thanked Council for their appropria- tion of CDBG funds for SACA. SI�CA serves Fridley, Columbia Heights, Hilltop, and a portion of Spring Lake Park. SACA is hurting for funding, and they have put out a mailing appealing to businesses for contributions. They receive funds from AACAP and the County, as well as Columbia Heights, Spring Lake Park, Hilltop, Fridley, and area churches. � Ms. Jolly stated that the City of Columbia Heights donates the home where the food shelf is located and pays for the electricity, water, sewer, and heat. The Public Works Department in Columbia Heights maintains grounds and plows the snow. She felt that Fridley should try to find funding for SACA, as they serve almost as many Fridley residents as Columbia Heights residents. At this time they are in the red by $4,372. She submitted a copy of thetr proposed budget � Councilwoman Jorgenson requested that SACA provide a breakdown on what Fridley contributes as a community. Councilwoman Bolkcom suggested to Ms. Jolly that she contact the group associated with the Values Program PUBLIC HEARINGS: 16. PUBLIC HEARING ON AN ORDINANCE AMENDING SECTION 2.Oo O1 OF THE FRIDLEY CITY CHARTER: MOTION by Councilman Billings to waive the reading of the public hearing noticed and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8�55 p.m Mr. Champa, City Clerk, stated that this is a public hearing for an amendment to Section 2.06.01 of the City Charter. The Charter Commission addressed this proposed amendment over the past year and � � � FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 11 passed it at their January meeting. The amendment removes the words "without good cause," which would make it possible for the Council to declare a vacancy in the event a council member was not performing any of the duties of inembership in the Council for a period of three months. Councilman Schneider questioned whether the language accomplishes what is intended He reads the language that if a councilmember does not do �ust one thing, a vacancy could be declared. Ms. Mau, past Chairperson of the Charter Commission, stated the intention was that if a council member could not perform any of the duties, he could be removed Councilman Schneider asked if this section would apply if, for example, a council member could read the minutes, give input, consult with the City Manager, converse by phone, but could not attend a Council meeting. Ms. Mau stated that this would not apply. 7'he intent of this section was if a council member did nothing. Councilman Schneider felt that the language should be further clarified. Mr. Knaak, City Attorney, stated that deleting the words "without good cause," eliminates a council member's defense. Councilman Billings stated that the Charter does not now provide any mechanism for a member to be removed who is incapacitated. He felt that the Charter Commission was look_ing for a way to try to accommodate this issue. In the final analysis, it seems to make sense to eliminate thz words "oaithout good cause." If a council member is incapacitated or not present to provide the leadership for the City, the question is if that council member has the responsibility to the voters to resign so the City can proceed to have an election to find someone that can carry out these duties. By striking "without good cause" the Council is taking away the defense. If a council member is not doing his �ob, he is not representing the citizens who elected him, and the Council then has to make the decision to declare a vacancy. Councilman Schneider asked if Council would take action if a person is unable to remove himself because he is totally incapacitated could not choose to resign. He felt the language should be very precise. Councilwoman Bolkcom stated that if a council member was to be removed from office either because he was not performing his duties or because he was incapacitated, a11 of this would have to be reciewed. � � � FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 12 Councilman Schneider raised some hypothetical issues relating to removal of a council member strictly for political gain. He felt that the language should be drafted carefully so there is no room for abuse. Councilman Billings stated that it seems clear to him that failure of any council member to perform any of the duties of inembership of the Council is reason for removal. Mr. Knaak stated that he is not sure that removal of the words "without good cause" would accomplish the intended purpose. He would suggest insertion of the language "because of incapacitation or absence from the City". He wondered about the legal reason for not inserting that specific language, but he is not suggesting it was somethxng that was missed. Ms Mau stated that there are many reasons that would have to be listed for a council member to not be capable of performing any of his duties. It was felt that the language in this ordinance summed it up pretty well. Councilman Schneider felt that the purpose of the language is to cover a situation where, due to total disability or incapacitation, a council member was not able to resign. He agrees 100 percent with this concept, but he is philosophically opposed that the Council can take action. Mr. Knaak stated that if it is the intent to focus on the issue of incapacitation, he would suggest the words "because of incapaci- tation" be added after the words "three months" at the end of the next to the last line of th�s proposed amendment. Councilwoman Jorgenson stated that Council does not have the ability to amend the Charter Commission's proposed amendment. Ms Mau stated that she can bring this suggestion back to the Charter Commission. Councilman Schneider felt that there are two issues. He agrees with the Charter Commission's concern how to handle incapacitation, but he did not feel the language is precise enough. He stated that, with the other incidents, he has a philosophical difference. As long as there is recall, malfeasance, and non-feasance, he felt Council should not be involced Councilman Billings stated that he does not want to minimize the abilrty of the electorate to remove someone from office; however, this is a very cumbersome course. Tne way he interprets the language, it would be a situation where someone either through incapacitation or through willful negl2ct did not perform the duties of their office and could be removed. Council would be taking an action that they felt would be in the best interests of the City. If Council obviously did somethinq that is inappro- � FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 13 priate, this would be handled by the electorate in the forthcoming election. The language is there. It has been there for some forty years and has not been willfully abused by any Council in the past. Because of the way the state statutes are structured, Council does not have the ability to make amendments. They either accept or re�ect the amendments submitted by the Charter Commission. Councilman Schneider stated that the Charter is an area where they have to exercise extreme diligence. If, in fact, they are trying to cover more than the incapacitation issue, he has a problem with zt. He would like to see another proposal to tiqhten up the language. He is not quite sure how to resolve the philosophical difference. No persons in the audience spoke regarding this proposed Charter amendment MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9�45 p.m. 17. PUBLIC HEARING ON AN ORDINANCE AMENDING CHAPTER 3 OF THE FRIDLEY CITY CHARTER. � MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vot�, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 9•45 p.m. Mr. Champa, City C1erk, stated that the Charter Commission has spent the last three years revie�aing this chapter on Council procedure. The amendments accomplish the following• clarifies first Council meeting of the year; allows for notify�_ng council members of ineetings in ways other than written notice (i.e., electronic mail or E-mail); however, the twelve hour notice requirement remains intact; clarifies a quorum and ma�oritV; and removes excessive language or changes language slightly without altering the meaning or intent. He reviewed all the proposed changes by each section which included meetings, quorums, ordinances, resolutions, and motions. Councilman Schneider asked the reason for reducing the number from three to two members of the Council that may call a special meeting. Councilman Billings stated that in January, the Charter Commission � requested that represenzatives of the Council meet with them. He and Councilwoman Bolkcom were present when this particular language was discussed. This was prior to when Mr. Champa was appointed as liaison to the Charter Commission. � � � DLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 14 Councilman Billings stated that it was the Charter Commission's feeling that if two members of the Council felt something was so important that it necessitated a special meeting, their options should be honored. If there was a ma�ority controlling the agenda and items that a minority felt were important, this would provide the means to call it to the attention of the public by calling a special meeting. Councilman Schneider asked if the language regarding the violation of an emergency ordinance was necessary Ms. Mau stated that this section is merely clarified and makes it easzer for the general public to understand. No persons in the audience spoke regarding this proposed Charter amendment. MOTION by Councilwoman Bolkcom to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 10•02 p.m. 18. PUBLIC HEARING ON ADDING AN ADDITIONAL PARCEL TO REDEVEZOPMENT PROJECT AREA N0. 1 FOR WAI,LBOARD, INC. (WARD 3): MOTION by Councilwoman Bolkcom to waive the reading of the public hearing notice and open the public hearing Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�_mously and the public hearing opened at 10 04 p.m Ms. Dacy, Community Development Director, stated that this parcel is proposed to be added to Redecelopment Pro�ect Area Pdo. 1 in the Great Northern Industrial Park south of I-699 The purpose of the public hearing is to comply with state law when a C1ty adds to a redevelopment area. This is not to establish a tax increment financing district but would place the parcel in the redevelopment project area. This would permit the Housing and Redevelopment Authority to promote development opportunities to add tax value, create �obs and diversify the tax base. Ms. Dacy stated that Wallboard, Inc. supplies building materials to general contractors, drywall contractors, and the general public They are proposing to coi�struct a 30,000 square Toot building at a cost of approximately $1,O50,D00. They currently employ 27 persons They anticipate this number to rise to 32-34 in one year and to 40-45 in five years Since 1984, the company has tripled �n size, and their sales volume is $8,000,000 Ms. Dacy stated that at their June 13 meeting, the HRA directed staff to add this to the redevelopment area and to negotiate a development contract for an $85,000 loan to be repaid at five- percent over a ten-year period with a personal guarantee from the � � � FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 15 owner. Unfortunately, the owner had another commitment and had to leave the meeting. No persons in the audience spoke regarding the addition of this parcel to Redevelopment Pro�ect Area No. l. MOTION by Councilwoman Bolkcom to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 10:10 p.m. At this time, the City Manager, Mr. Burns returned to the Council meeting. He stated the school board, with great enthusiasm, approved the agreement for �oint use of the Hayes Elementary School gymnasium. They will be sending a letter indicating that the language does not apply to false situations and are not insisting it be part of the agreement. NEW BUSINESS• 19. SPECIAL USE PERMIT, SP #96-13, BY SAMIR AWAIJANE, TO ALLOW A REPAIR GARAGE AND TO ALLOW AUTOMOBILE AGEIQCIES SELLING OR DISPLAYING NEW AND/OR USED VEHICLES ON PROPERTY GENERALLY LOCATED AT 970 OSBORNE ROAD N.E. (WARD 2): Mr. Hickok, Planning Coordinator, stated that this is a request for a special use permit for agencies selling or displaying new and/or used motor vehicles and for a repair garage. The property is approximately 24,000 square feet, and this request is consistent with the general business zoning. Staff reviewed the request for a 2,800 square foot building for auto repair and recommends approval with 19 stipulations The Planning Commission also concurs. One provision dealt with the cariance to the setback Hoo✓ever, the petitioner has agreed to move the building, and the variance is not needed. Councilman Schneider clarified that a variance was no longer needed since the building will only be used for mechanical repair. Mr. Hickok stated that there would be muFfler repair and minor auto repairs but no body work Councilwoman Bolkcom questioned how no test driving of cars in the ad�acent residential neighborhoods would be enforced. Mr H�ckok stated that this should be made clear to the customers If the petitioner does not adhere to the stipulations, the special use permit could be revoked for non-compliance Ms. Dacy stated that if staff receives any complaints, it would be the basis for a revocation hearing. � � � FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 16 MOTION by Councilman Schneider to concur with the recommendation of staff and the Planning Commission and grant Special Use Permit, SP #96-13, according to the site plan dated July 7, 1996, with the following stipulations: (1) a final grading and drainage plan and calculations sha11 be submitted prior to issuance of the building permit. The petitioner shall comply with all stipulations recom- mended by the City engineering staff upon review of the final grading and drainage plans, (2) the petitioner shall apply for and receive the appropriate permits from AnoYa County for work in the road right-of-way; (3) all signs shall comply with the city Sign Code; (4) all vehicles shall be entirely parked on a surface of asphalt or concrete, which shall be lined with concrete curb; (5) all lighting shall be downcast and shielded against horizontal glare; (6) the landscape plan shall be reviewed and approved by the City planning staff prior to issuance of a building permit; (7) the site plan shall be modified so that the southwest corner of the building meets the 25 foot setback; (8) a performance bond of 3� of the construction value of the pro�ect shall be submitted prior to issuance of a building permit, (9) the petitioner shall execute and record a storm water maintenance agreement for the property; (10) the petitioner shall grant the City a 30 foot drainage and utility easement along the south property line; (ll) no vehicles shall be parked in locations on site, other than parking stalls that have been striped and meet the code-required minimum standards for parking stalls; (12) repair activity beyond the scope of this application shall constitute the necessity for an additional special use permit: (13) the use shall not provide for the outdoor operation of lubrication equipment, hydraulic lifts or service pits; or the outdoor display of inerchandise; (14) the property shall not be used as a place of storage or depository of wrecked, abandoned or �unked motor vehicles; (15) all vehicles associated with this use must be parked on site. Automobiles being serviced may be parked for a maximtun period of 48 hours at any one time; (16) the use of streamers, pennants, and flags is prohibited, (17) the petitioner shall comply with the temporary sign ordinance for all temporary signs on the property; (18) the petitioner shall apply for and receive the appropriate City car sales license; and (19) there shall be no test driving of cars in the ad�acent residential neighborhoods Seconded by Councilwoman Bolkcom Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20 ESTI�BLISH PUBLIC HEARING FOR AUGUST 26,1996, FOR REVOCATION OL' SPECIAL USE PERMIT, SP 95-05, TO HOME DEPOT, GENERALLY LOCATED AT 5650 MAIN STREET N E. (WARD 3) Mr. Hickok, Planning Coordinator, stated meeting staff was directed to take a � compliance with Home Depot's special recommending August 26 as the public revocation of the special use permit for Depot. that at the July 8 Council stern approach to assure use permit. Staff is hearing date to consider the qarden center at Home � FRIDLEY CITY COUNCIL MEETING OF JULY 22, 1996 PAGE 17 MOTION by Councilwoman Bolkcom to set the public hearing date of August 26, 1996 to consider revocation of Special Use Permit, SP #95-05, for Home Depot. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously 21. APPROVE HOUSING ACTION PLAN FOR THE CITY OF FRIDLEY: Ms. Dacy, Community Development Director, stated that the purpose of the Livable Communities Act is to encourage affordable housing opportunities in the metropolitan area The Metropolitan Council has also established financial incentives for housing and redevelopment programs for communities who participate in the program. Ms. Dacy stated that the purpose of the Housing Plan is to show how the City intends to maintain its benchmarks, as agreed to by the Council when they adopted a resolution to participate in 1995. These benchmarks are affordabilit_y, life-cycle housing, and density. This Plan reviews the demographic data, existing programs, housing opportunities, and identifies specific ob�ectives the City should pursue in order to maintain the benchmarks. The Plan has been reviewed and recommended for approval by the Human Resources Commission, the Planning Commission, and the HRA. The � Planning Commission, however, was not in agreement with providing additional three to four bedroom non-affordable units Ms. Dacy stated that the ob�ectives in th� P1an are not mandates, the Metropolitan Council merely comments or. the Plan. The plan summarizes twelve ob�ectives for further consideration by the City. In summary, the thrust of the information is that the City should maintain a balance of affordable housing and increase non- affordable ownership and rental units in excess of $115,000 and $500 in rent per month. The City needs to look at continued rehabilitation efforts and continue construction programs. MOTION by Councilwoman Jorgenson to approve the Housing Action Plan and direct staff to forward it to the Metropolrtan Council. Seconded by Councilman Schneider Councilwoman Bolkcom asked if the Metropolitan Council could make the City accomplish what is in the plan_ Ms Dacy stated that this Plan is only for the Metropolitan Council's comments, but they do have input on the Housing Chapter of the City's Comprehensive Plan. Councilman Schneider stated that this Plan was mandated, but he questioned if it was beneficial for stafi. Ms. Dacy stated that this information is very valuable for staff. � � �� FRIDLEY CITY COUNCIL MEETING OF JULF 22, 1996 PAGE 18 UPON A VOICE VOTE TAKEN ON THE ABOVE MOTIQN, a11 voted aye, and Mayor Nee declared the motion carried unanimously. 22. INFORMAL STATUS REPORTS' Mr. Burns, City Manager stated that there were two items to be discussed after this regular meeting. One item is the proposed development on the property south of Wal-Mart, and the other item is budget revenue and expenditure ad�ustments. ADJOURNMENT. MOTION by Councilwoman Sorgenson to ad�ourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of July 22, 1996 ad�ourned at 10:36 p.m Respectfully submitted, � � � ' �t�.� - '-^' vi� "-TZ� Carole Haddad Secretary to the City Council �^ n J . � ���ayor