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06/26/2000 - 4688OFFICIAL CITY COUNCIL AGENDA CITY COUNCIL MEETING Ju1vE 26, Z000 � unoF FRlDLEY FRIDLEY CITY COLTNCIL MEETING ATTENDENCE SHEET Mav�day, June 26, 2000 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS ITEM NUMBER i � �,� = � � Zz v �, � �� .— a �.3 �� � �� i� � � . , ,< � �c�� � , � CITY COUNCIL MEETING OF JUNE 26, 2000 CRY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. �. PRESENTATION: Traffic Safety Award APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of May 22, 2000 City Council Meeting of June 5, 2000 FRIDLEY CITY COUNCIL MEETING OF JUNE 26, 2000 PAGE 2 � APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. Second Reading of an Ordinance Recodifying the Fridley City Code by Amending Appendix F to Provide for the Adjustment of Salaries for the Mayor and Councilmembers in Accordance with Section 2.07 of the Charter of the City of Fridley - ...................................................................... 1 2 2. Second Reading of an Ordinance Amending Chapter 2 of the Fridley City Charter (Vacancies in the Council) ............................................................ 3- 4 v � 3. Second Reading of an Ordinance Amending Chapter 5 of the Fridley City Charter (Initiative, Referendum and Recall) .............................................. 5- 14 NEW BUSINESS: 4. Approve Rice Creek Boulevard East Watermain Replacement Project No. 334 and Authorize Advertisement for Bids .................................................................. 15 5. Approve Tower Site Lease Agreement Between the City of Fridley and Metrocom, Inc., for the Purpose of Constructing a Communications Facility, Generally Located at the City of Fridley Highway 65 Water Tower Facility (Ward 1) ................................... 16 FRIDLEY CITY COUNCIL MEETING OF JUNE 26. 2000 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 6. Approve Change Order No. 2 for Street Improvement Project No. ST. 2000 —1 ......................................... 17 - 19 7. Resolution Ordering Preliminary Plans, Specifications and Estimates of the Costs Thereof: Moore Lake Hills Neighborhood Project No. ST. 2001 - 1 ................................................................ 20 - 21 ��. 8. Resolution Authorizing Advertisement for the Trunk Highway Corridor Improvement Project No. ST. 2000 — 6 ........................................................................... 22 - 23 9. Resolution Requesting Off System State Aid Funds for Trunk Highway 47 Corridor Improvement Project No. ST. 2000 — 6 .......................................... 24 - 25 10. Resolution Authorizing Execution of Agreement Between the City of Fridley and the Minnesota Department of Public Safety in Connection with _ the Fridley Project Impact Program ............................................... 26 - 27 0 � FRIDLEY CITY COUNCIL MEETING OF JITNE 26. 2000 PAGE 4 � APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 11. Resolution Regarding Northstar Corridor Station Area Land Use Plans ........................................................ 28 - 31 12. Motion to Waive Right-of Way User Fee for Independent School District No. 13 ......................................... 32 13. Appointments (City Employees) .............:..,................................... 33 �� 14. Claims ....................................................................................... 34 15. Licenses ....................................................................................... 35 - 37 16. Estimates ...................................................................................... 38 FRIDLEY CITY COUNCIL MEETING OF JUNE 26, 2000 PAGE 5 � ADOPTION OF AGENDA. OPEN FORUM, VISITORS: (Consideration of Items not on Agenda —15 Minutes) NEW BUSINESS: ��, _. 17. Appointments to City of Fridley Commissions .............................. 39 18. Informal Status Reports ................................................................ 40 ADJOURN. � � � . 9 � �Oro.e.t-�,'s FRII�LEY CITY COUNCIL MEETING OF JUNE 26, 2000 �P�1 : � �� �� The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, mazital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require awciliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PRESENTATION: Traffic Safety Award �oS � � � r � �(� APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: A S� J�� � b� S � i ct�S� City Council Meeting of May 22, 2000 � vv� oV e_ -l-(.v s �-�-� � -to � ( % �1 \ City Council Meeting of June 5, 2000 OLD BUSINESS: Second Reading of an Ordinance Recodifying the Fridley City Code by Amending Appendix F to Provide for the Adjustment of Salaries for the Mayor and Councilmembers in Accordance with Section 2.07 of the Charter of the City of Fridley ..... .. ...... 1- 2 �r�o 2. Second Reading of an Ordinance Amending Chapter 2 of the Fridley City Cha�ter (Vacancies in the Council) ��.�. 3- 4 3. Second Reading of an Ordinance Amending Chapter 5 of the Fridley City Charter (Initiative, Referendum and Recall) ...................���� 5 - 14 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 4. Approve Rice Creek Boulevard East Watermain Replacement Project No. 334 and Au�horize Advertisement for Bids ................. 15 5. Approve Tower Site Lease Agreement Between the City of Fridley and Metrocom, Inc., for the Pur p o se of Constructin g a Communications Facili ty, Generall y Located at the City of Fridley Highway 65 Water Tower Facility (Ward 1) .................................... 16 � 6. Approve Chanae Order No. 2 foeStreet Improvement Project No. ST. 2000-1 ................................... 17-19 7. Resolution Ordering Preliminary Plans, Specifications and Estimates of the Costs Thereof: Moore Lake Hills Neighborhood Project No. ST. 2001 -1 ...�........ 20 - 21 y ResolutioR Authorizing Advertisement for the Trunk Highway Corridor Improvement Project No. ST. 2000 — 6 ........................... 22 - 23 � FRIDLEY CITY COUNCIL MEETING OF JUNE APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 9. Resolution Requesting Off System State Aid Funds for Trunk Highway 47 Corridor Improvement Project No. ST. 2000 — 6 .................... �....... 24 - 25 10. Resolution Authorizing Execution of Agreement Between the City of Fridley and the Minnesota Department of Public Safety in Connection With the Fridley Project Impact Program ............... �� ............. 26 - 27 11. Resolution Regarding Northstar Corridor Station Area Land Use Plans ....... 28 - 31 �� 12. Motion to Waive Right-of-Way User Fee for Independent School District No. 13 .................................. 32 13. Appointments (City Employees) .... 33 14. Claims .................................... 34 2000 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 15. Licenses .................................... 35 - 37 16. Estimates ............... � � %, � c �-e� � wv �- � ............ 3$ ._ ��/�B�/����" ADOPTION OF AGENDA. �� �5� � c � / `�:� OPE�V FORUM, VISITORS: (Consideration of Items not on Agenda —15 Minutes) NEW BUSINESS: 17. Appointments to City of Fridley Commissions ................................ 39 � ��� � � 18. Informal Status Reports ............... 40 ADJOURN. �.S'� ►��,��� _ r�-s � THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 22, 2000 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 22, 2000 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: Mayor Jorgenson, Councilmember Billings, Councilmember Bolkcom None STATEMENT OF MEETING CONDUCT: Councilmember Barnette, Councilmember Wolfe, and Please be reminded that those present at today's meeting may hold a variety of views and opinions regarding the business to be conducted. The exercise of democracy through representative local government requires that ALL points of view be accommodated at these proceedings. It is further expected that a standard of mutual courtesy and respectfulness be exercised by all in attendance, through our individuai expression, manner of speaking, and conduct. Therefore, please receive the views of others with the same degree of courtesy and respect in which you desire to be given your views and opinions. Any departures from this standard will be addressed by the Presiding Officer through whatever means are deemed appropriate. Thank you for your attendance at today's meeting, and your agreement to abide by these standards of personal conduct. PROCLAMATION: Public Works Week: Mav 21-27, 2000 Mayor Jorgenson proclaimed May 21 - 27 as Public Works Week in the City of Fridley, and called upon all citizens and civic organizations to acquaint themselves with the problems involved in providing public works services, and to recognize the contributions Public Works Department personnel make every day to our health, safety, and comfort. Mr. Paul Lawrence, Superintendent of Public Works, stated he was present on behalf of the Public Works Department of Fridley. He thanked the City Council for the recognition. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 22, 2000 __PAGE 2 LEGISLATIVE UPDATE: State Senator pon Betzold stated that the legislative session finished May 18. This was the second year of the biennium. There was about $529,000,000 in permanent funding that was addressed, which is less than two percent (2%) of the State's budget. They did pass a bonding bill. The Anoka-Hennepin Technical College will stay open. A transportation bill was passed which meant more money for roads. Some tax cuts such as property tax and income tax reductions were made. There is still a sales tax rebate which will be about half as much as last year's. The citizens should be aware of the one-third compromise between the House, Senate, and the Govorner. The tax bill passed by the __ House of Representatives had reductions in the income tax and sales tax rebate. The levy limit was also eliminated. The Governor pressed for a motor vehicle license tab reduction which was done. The Senate pressed for increased funding for education, health care and the environment. There were not a lot of issues that dealt with local government policy this year. Senator Betzold stated that he authored to Data Privacy Bill. There are a couple of provisions that deal with local government. People were sent out about two yeazs ago to inquire about public information at various places. Generally, there was compliance, but in some instances people were being told to justify their request or were turned down. A Compliance Officer is now required for the governments to identify who the contact person should a complaint be necessary. There is a monetary penalty if the government refuses to release public data, but first someone has to file the complaint. Senator Betzold stated that bleacher standards were modified, and bars are allowed to seize the false identification of underage persons. Some major issues that did not get passed were the unicameral legislature proposal, constitutional dedication for sales tax purposes, a bill for enhancing the animal cruelty penalty did not get passed. State Senator Steve Novak stated that there were a variety of federal dollars that were not part of the one-third split. A lot went to housing. Last year was the big year in terms of the tax rebates. Education was a priority in the Senate. The levy limit policy is probably the most significant thing that affects the City. State Representative Satveer Chaudhary stated that he wished they did a little better for education. They spent most of the session rambling over exactly how much money they had. They had a$1,800,000,000 surplus but there was a lot of discussion about exactly how much they had. He took the conservative view that they only had about $579,000,000 in hand. After agreement on that, there was discussion on what to do with the money. The specific area he would like to see improvement in is education funding. He said that State Representative Alice Johnson kept fighting for more education funding. He complimented the Senate for the amount of money used for education and nursing homes. If the House and the Governor put just a fraction towards education they could have impacted a lot more schools. Many schools will be saved, but many others will have to make cuts this fall. He felt the bonding that was incurred this year was FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 22. 2000 PAGE 3 excessive and not appropriate with the surplus. The City of Fridley came out very well as far as local projects with Medtronic, Fridley Middle School, and Fridley History Center. Mr. Chaudhary encouraged the City Council and all citizens to stay in touch. Mayor Jorgenson thanked the legislators for coming and for providing an update. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda with the __ deletion of Item No. 4. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF THE APRIL 14 AND MAY 8 CITY COUNCIL MEETING MINUTES. APPROVED. NEW BUSINESS: 1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 3. 2000: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 3, 2000. 2. SPECIAL USE PERMIT. SP #00-08, BY MARGARET GRESHIK, TO CONSTRUCT A SECOND ACCESSORY STRUCTURE OVER 240 SQUARE FEET (DETACHED GARAGE), GENERALLY LOCATED AT 121 HARTMAN CIRCLE N.E. (WARD 3): Mr. Burns, City Manager, stated that the petitioner requested permission to locate a 24 foot by 30 foot accessory use structure within 9 feet from the property line. The Planning Commission gave their unanimous consent to this proposal at their May 3 meeting. Staff recommended Council's approval. APPROVED SPECIAL USE PERMIT, SP #00-08, BY MARGARET GRESHIK. 3. RESOLUTION NO. 37-2000 APPROVING A PLAT, P.S. #99-06, BY KURT MANUFACTURING COMPANY TO REPLAT PROPERTY FOR THE PURPOSE OF PURCHASING A PORTION OF THE RAILROAD RIGHT- OF-WAY, GENERALLY LOCATED EAST OF RAIL LINE, BEHIND THE FRIDLEY CITY COUNCIL MEETING MINUTES OF_MAY 22, 2000 PAGE 4 EXISTING KURT MANUFACTURING BUILDING AT 5280 MAIN STREET N.E. (WARD 3) Mr. Burns, City Manager, stated that the plat allows 4.5 acres of railroad property to be combined w-ith Kurt Manufacturing property. Both the Planning Commission and the City Council approved the preliminary plat in October of 1999. Staff recommended Council's approval of the final plat. Since half of the border street is located in Fridley, the City was asked to participate financially. The City's share of this cost is estimated at $131,574. State Aid funds can be used for this purpose. Staff recommended Council's approval. __ ADOPTED RESOLUTION NO. 37-2000. 4. AWARD CONTRACT FOR CITY'S ENTRY MONUMENT SIGNS: Mr. Burns, City Manager, stated that all six sites for the City's entry monument signs have been secured. Staff is now ready to proceed with the award of a contract for sign installation. Five bids were received for the building of six signs. After interviews with the four low bidders, staff recommended that the bid be awarded to Redwood Signs by Hornibrook from Osseo, Minnesota, at a cost of $33,660. The signs should be installed by mid-July. The total cost for this project would also include costs for landscaping and electrical work. The City has pledges of $48,000 from community organizations for the signs. In September of last year Council approved expenditure of up to an additional $25,000. While staff does not yet have costs for the electrical work or the landscaping, they believed that the project could be completed within the $73,000 that Council has approved. Staff recommended that the sign contract be awarded to Redwood Signs by Hornibrook from Osseo, Minnesota at a cost of $33,660. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA UNDER NEW BUSINESS BEFORE ITEM NO. 16 FOR DISCUSSION. 5. APPOINTED BUSINESS REPRESENTATIVE TO JOINT CITY TASK FORCE BETWEEN THE CITIES OF FRIDLEY AND COLUMBIA HEIGHTS: Mr. Burns, City Manager, stated that the Joint Fridley/Columbia Heights Task Force was being organized to study the potential impacts and opportunities of the Medtronic World Headquarters project in Fridley. Each community will be represented by a Councilmember, a Planning Commission member, a representative from its economic development authority, and a representative from the business community. After advertising for the business community representative, a letter from Ken Schultz, CEO for Dasco Systems in Fridley, was received. Staff felt that Mr. Schultz would make an excellent representative of FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 22. 2000 PAGE 5 the business community. Staff recommended approval of Mr. Schultz's appointment to the Task Force. APPOINTED KEN SCHULTZ AS THE BUSINESS REPRESENTATIVE TO JOINT CITY TASK FORCE. 6. RESOLUTION NO. 38-2000 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND, SPECIAL REVENUE FUNDS AND CAPITAL IMPROVEMENT FUND FOR THE FOURTH QUARTER OF 1999: Mr. Burns, City Manager, stated that staff recommended Council approval of the budget adjustments for the fourth quarter of 1999. These are changes that have occurred as a result of unforeseen revenues and expenditures for the fourth quarter of 1999. The adjustments aze for the General Fund, Special Revenue Funds and Capital Project Funds. Staff recommended Council's approval. ADOPTED RESOLUTION 38-2000. 7. RESOLUTION NO. 39-2000 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR SPRING LAKE PARK DISTRICT 16 YOUTH HOCKEY (K.J.'S RESTAURANT AND BAR, 8298 UNIVERSITY AVENUE N.E.) (WARD 3): Mr. Burns, City Manager, stated that this permit would extend from July 1, 2fl00 to September 30, 2001. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 39-2000. 8. APPROVE ASSESSMENT POLICY FOR REPLACEMENT OF BITUMINOUS BERM CURBING WITH CONCRET'E CURB AND GUTTER: Mr. Burns, City Manager, stated that the Engineering Division staff devised the separate assessment policies for corner lots, T-shaped lots and pie shaped lots. The policy for T-shaped lots was questioned during the assessment hearings for the 1999 Riverview Heights street improvement project. The policy for T-shaped lots is in keeping with the decision reached during those hearings. Staff recommended Council's approval. APPROVED ASSESSMENT POLICY FOR REPLACEMENT OF BITUMINOUS BERM CURBING WITH CONCRETE CURB AND GUTTER. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 22, 2000 PAGE 6 9. RESOLUTION NO 40-2000 REQUESTING DISSOLUTION OF THE MINNESOTA POLICE RECRUITMENT SYSTEM: Mr. Burns, City Manager, stated that since the Minnesota Police Recruitment System no longer provides police recruitment services for its 36 member cities, the City is joining with other cities to dissolve the organization. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 40-2000. 10. CLAIMS: APPROVED CLAIM NUMBERS 93287 THROUGH 93406. 11. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. 12. ESTIMATES: APPROVED ESTIMATES AS FOLLOWS: Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432-4381 Services Rendered as City Prosecuting Attorney for the Month of February, 2000 $ 17,911.60 Ron Kassa Construction 6005 - 250�` Street East Elko, MN 55020 Miscellaneous Concrete Curb and Gutter and Sidewalk Repair Project No. 330 Estimate No. 2 $ 6,930.63 ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda with the addition of Item No. 4. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. . FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 22 2000 PAGE 7 OPEN FORUM,VISITORS: No persons in the audience spoke. PUBLIC HEARINGS: 13. ORDINANCE AMENDING CHAPTER 2 OF THE FRIDLEY CITY CHARTER: MOTION by Councilmember Barnette to waive the reading and open the public hearing. __ Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:00 P.M. Mr. Bill Holm, member of the Charter Commission, stated that the first amendment was Chapter 2.06. In the fall of 1996, the Charter Commission submitted to the Council an amendment to address the issue of what to do to fill a vacancy in the event that an elected official is incapacitated by reason of serious illness, accident or whatever. Council did not approve the amendment because the language was not specific enough and did permit the City Council to perhaps have the possibility of removing a Council member for political reasons. The Charter Commission then revised language and consulted their legal counsel. The legal counsel stated it was inappropriate and violated State law. What is in the Charter is not consistent with State law in that it permits the Council to remove an elected official for failure to perform the duties of the office. The Council, according to legal counsel, does not have that authority. The amendment was redrafted and this change is minor. The Charter Commission recommended that this change be consistent with State law and be specific that an individual can only be removed because of death, resignation, continuous absence from the City for more than three month, conviction of a felony ar if an elected official no longer resides in the City. � _ MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:02 P.M. 14. ORDINANCE AMENDING CHAPTER 5 OF THE FRIDLEY CITY CHARTER: MOTION by Councilmember Barnette to open the public hearing. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 22, 2000 PAGE 8 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:02 P.M. Mr. Bill Holm, member of the Charter Commission, stated that the changes in Chapter 5 are more extensive. The Charter Commission has rewritten a significant portion of this chapter. We believe that the procedures for initiative, referendum, and recall need to be clarified to provide consistency between those three types of items. It also better defines the responsibilities for various parties involved in the process. The second change revolves around the recall procedures in which an elected official is recalled. Language __ changes that better defines the responsibility to the people who circulate the petitions, the role of the City Clerk, and once these steps need to be taken by various parties in the event that a petition does not meet the requirements specified by the Charter. The recall procedure is that the Council calls for a special election. At that recall election, voters are asked to vote yes or no on the issue of recall. They are also asked to vote for a replacement candidate in the event that the recall vote is affirmed. Mr. Lawrence stated that the Charter Commission believed that the situation was inappropriate. The Charter Commission really should separate the issue of recall from electing a replacement official. That is why the Charter Commission has changed the particular language. It is probably more efficient to do it in one election process but the voter should focus on whether the elected official has really committed malfeasance of office. Recall is not insignificant and does require the petitioner to identify reasons why the elected official has committed malfeasance in office. It is not just a case where you dislike the elected official's view on a particular issue. Beyond that they have not changed the overall requirements. It still requires for initiative a ten percent (10%) of approval of the registered voters. Referendum requires fifteen percent (15%), and recall requires twenty-five percent (25%). Councilmember Billings stated that in Section 501 the current language having to do with initiation of any ordinance except an ordinance appropriating mon�y, and then in the referendum aspect you have stricken the words "such an" and inserted "any". He asked what the difference between the two was. Mr. Holm stated that he thought it was a matter of clarifying the language to remove those types of terms. It does not provide any meaningful difference. Councilmember Billings asked if, under the current proposal, it meant that the initiation can be used for any ordinance except appropriating money or authorizing the levy of taxes or in the referendum provision only applies to those same ordinances of accepting appropriating money and levying of taxes. He asked if the new language would include appropriating money or levying of taxes. Mr. Holm stated that he could not answer that question. Councilmember Billings asked how it works when two .03's are listed. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 22, 2000 PAGE 9 Mr. Holm stated that does need to be changed. The section underlined of 5.03.3 should be stricken out. Councilmember Billings stated that on page 5 section 5.07, the first line says "When the completed petition is found to be sufficient the City Clerk shall certify transmit the initiative petition to the Council." He asked if the intent was to strike "certify"? Mr. Holm stated that was the intent. Councilmember Billings stated that on the top of page 6 the last three sentences of 5.10 is __ all stricken but six words are underlined as well. Mr. Holm stated that entire section should be stricken. Mr. Burns stated that section 5.14 deals with the same subject. Mr. Holm stated that it does. Councilmember Billings asked Mr. Knaak if typographical areas result in giving the City Council the authority to amend what the Charter Commission is presenting or are they required to vote up or down on what is being presented. Mr. Knaak, City Attorney, stated that these are typographical enors, and Council is not, in effect, changing anything. Typographical errors are not deemed to be substantive. Using the word "any" as opgosed to "such an" you are in fact using consistent language considered to be better drafting. Councilmember Billings stated that after the first use of the wording there is an exception which does not exist the second time, whereas "such an" refers directly to the above any ordinance. It also refers to the exception whereas the uses of the word "any" does not refer to the exception. • _ Mr. Knaak stated that was correct. Councilmember Billings stated that it is changing the language because it is removing the exception for appropriating money and authorizing the levy of taxes that was previously accepted. � Mr. Knaak stated that it was referring to the same "any" ordinances previously referred to. It is consistently using the previous language "any" ordinance and intending to apply it to all ordinances. Councilmember Billings stated that the difference is that there is a semi-colon. When you use the "such an" you definitely have to look to find out what it refers to but after the semi-colon to require any ordinance brings it back to the original ordinance prior to the FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 22, 2000 PAGE 10 exception. He asked if they were talking about two or three different things. He also asked if there was any conflict with State law. Mr. Knaak stated that he does not know that there is a conflict with State law. He reads that as being consistent with his previous reading and it was intended to clarify that. Councilmember Billings stated that there are three things intended to be talked about in this particular paragraph. The new language states that any kind of ordinance can be initiated as long as it does not appropriate money or levy t�es. His interpretation of the old language is that any ordinance accept appropriating of money or levying of taxes can __ be sent to the electorate for approval or disapproval. If his two readings of the old and new language are correct interpretations they may be perpetuating the ambiguity that is there or creating a new ambiguity. Mr. Holm stated that was not their intent. Councilmember Billings stated that the Charter is a constitution of the City of Fridley. The Charter Commission has been trying to go through and clean up some passive language that is there. The Charter Commission does not take their task lightly and any changes that they recommend need to add to have a zero vote of Council. Mr. Holm stated that they sometimes miss things. If this is an issue of concern to Council then they will have specific information to take back. Councilmember Billings stated that maybe all it takes is an interpretation of one attorney or something in the record that indicates this does not change it. Councilmember Bolkcom asked if it would make sense to close the public hearing and have the Commission go back and look at some of the language that Councilmember Billings brought up and to continue the hearing. Mr. Knaak stated that they could continue it. This does not need a certain period of time. That particular provision is not intended to modify the existing authority. Councilmember Billings conectly stated that three things are provided for. The first is the right of the citizens to initiate on their own ordinances through petition. The only kind of ordinance they cannot initiate is the one that is accepted which is the ordinance appropriating money or authorizing a levy. The second point is that the citizens can use the process to review any ordinance that Council passes. The third course is a major recall. What is being proposed here is a clarification and not a substantive change. Councilmember Billings asked if he meant that right now before the language is changed, the referendum does apply to any ordinance including ordinances appropriating money and ordinances that levy taxes in terms of what the citizens could initiate that they have already passed. Mr. Knaak stated that was correct. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 22, 2000 PAGE 11 Councilmember Billings asked if they were adding anything. Mr. Knaak stated that it is a clarification. Mayor Jorgenson asked Mr. Holm if he would like the public hearing to continue until the summer or early fall. Councilmember Billings stated that he understands that these are typographical errors and the only problem possibly existing is that they would be renumbering 3,4,5, and 6 in section 5.03 and they may need to make a change in the referencing. He would not have __ any problem votirig in favor of the changes recommended by the Charter Commission. Mr. Knaak stated that they could insist that it be published with the typographical errors deleted as long as they are not substantive in character. Councilmember Billings stated that this could be checked by staff quite readily in the next two weeks. He said he would not have a problem with voting on this. Councilmember Barnette asked if they could voluntarily withdraw it and present it at a later date. Mr. Pribyl stated that this is a public hearing. He does not think there would be a problem closing the public hearing and bringing it back to Council as a first reading and second reading with the language cleared up at both of those points. Mr. Holm stated that they have no problem with correcting the typographical errors. The issue is that word "any" and how that is used. If it requires additional discussion by the Council then it has to go back to the Charter Commission for further consideration. Councilmember Billings stated that the ordinance as it reads now does not create a change. He said he did not have a problem with the word "any". . Mr. Holm stated that they would be glad to work with staff to correct typographical errors and have it ready for the next time. Mayor Jorgenson asked if they wanted them to close the public hearing and for the first reading include the clarification and renumbering. Mr. Holm stated that was correct. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:35 P.M. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 22, 2000 PAGE 12 Mayor Jorgenson stated that the Charter Commission had five vacancies. If residents develop an interest in serving on the Charter Commission they should feel free to send in a letter stating the intent to service and send it to the attention of Rick Pribyl at the Municipal Center. Councilmember Billings stated that there is a change in policy and procedure in setting the dates for the special election. It has been moved from a range of 30 - 45 days to 49 - 60 days. Mr. Holm stated that the City Clerk advised them that would be consistent with current __ State law. � 15. ZONING TEXT AMENDMENT, ZTA #00-01, BY THE CITY OF FRIDLEY, INTENDED TO MINIMIZE LOSS OF URBAN FOREST BY REQUIRING TREE PRESERVATION PLANS AS PART OF SUBDIVISION APPLICATIONS: MOTION by Councilmember Bolkcom to open the public hearing and waive the reading. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:37 P.M. Ms. Julie Jones, Planning Assistant, stated that this issue came about last year in relation to the plat review for the Gardena-Benjamin property. The City Council asked staff to investigate the degree of tree loss occurring in subdivisions in the City and study tree preservation ordinances and activity in other communities around us. Staff discovered there are some tree preservation requirements in our existing code. One way is to preserve trees by protecting trees through disease control. There are also tree preservation requirements regarding trees that are on City proper.ty. In the zoning ordinance, landscaping requirements address all types of property except R-1, single family residential. Ms. Jones stated that the potential through the GIS mapping research is that there are 700 parcels in the City that could divide and meet setback requirements. There has been an average of about three significant trees per parcel being removed. The applicants have contested replacing the trees. Trees are noise and visual buffers. Trees bring new carbon dioxide to produce oxygen and provide shade. Planted east and west of a home trees can cut cooling costs by fifteen to thirty-five percent (15-35%). Trees can also provide windbreaks to lower home heating bills by ten to twenty percent (10-20%). Trees shade the concrete and help cool the entire neighborhood. Trees increase property value as much as fifteen percent (15%) or more. Trees support many generations of birds and other wildlife. If thirty percent (30%) of the skyline in an average city is covered by tree canopy, the flow of storm water can be reduced by fourteen percent (14%) so there are also many flood control and water quality benefits. 0 FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 22, 2000 PAGE 13 Ms. Jones stated that mature forests can reduce forty to sixty percent (40-60%) the amount of water flowing to streams and use nitrates and phosphorus for nutrients preventing them from flowing into a river. Trees are critical for protecting wetlands to dramatically reduce flood levels. The Environmental Quality and Energy Commission was the first committee to review staffls recommendations. They agree with staff that the subdivision applications are the most appropriate place to address tree preservation requirements in the City Code. They felt strongly that the City should not monitor existing residential property in regards to tree removal and replacement. They felt that most property owners are aware of the value of trees on properties and do not remove them without good reason. They also have concerns that if the City were to monitor __ every tree removed, there would be tremendous staff cost. They would like the City to place efforts to education about trees and providing possible reduced cost tree opportunities for replacing trees that are lost due to storm damage or whatever. In 2001, the Community Development Department would like to conduct a tree sale with reduced cost. Ms. Rosie Griep, Public Safety Projects Coordinator, is also working hard in this effort as part of the Project Impact. Ms. Jones stated that the Planning Commission agreed with the passage of the language. Their concerns were that they wanted staff to reconsider the possibility of including the tree preservation section of the City code and the possibility of a subdivision applicant clearcutting the property and then coming in to apply for a subdivision. Staff s recommendations are to protect significant trees by requiring replacement of four-inch diameter deciduous type trees through the subdivision process. The zoning text amendments proposed would require a tree preservation plan prepazed by a qualified professional. If signiiicant trees are present, it would require a forestation plan to reduce the impact to significant trees. It would require replacement of each significant tree removed with three trees per parcel. The City would maintain the right to require more than three new replacement trees on larger than average parcels. It would require replacement of the trees in one year of the building permit issuance. Stipulations would be applied on the application if trees were removed knowingly by staff priar to the applicant coming in for a subdivision. The benefits to the zoning text amendments are that they address the concerns protecting adjoining property values, allow staff to treat all subdivision applicants consistently, address the problem of tree replacement up front so the cost can be incorporated into the resale of the property, and it formalizes the procedure so that staff can apply stipulations. Staff recommended Council's approval. Councilmember Bolkcom asked Ms. Jones for more information about other city's tree preservation ordinances. Ms. Jones stated that they did receive many copies of other city's tree preservation ordinances. Blaine's tree preservation ordinance applies to all properties in the city. Blaine admitted that they are in serious trouble in keeping up with monitoring all properties, which is why Fridley strayed away from that. Councilmember Bolkcom stated that Fridley is basically looking at subdivisions, not residential. Some of her colleagues say that that we are infringing on private rights. The FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 22, 2000 PAGE 14 City is, but in a sense with subdivisions, we are talking about developers. This will not prevent clearcutting a subdivision, but the City can apply stipulations to the application far a subdivision. Councilmember Barnette stated that he does not like this at all. There are heavily wooded lots in Blaine. Two of his friends had to clear some trees to put their houses in. They had to plant five trees. It does not make a lot of sense. That is an infringement on them. He does not think people will clearcut trees on beautiful heavily wooded lots to build houses. Councilmember Wolfe stated that he agreed with Councilmember Barnette. He could not imagine anyone owning a house without trees on the lot. The issue with the Benjamin Street-Gardena Avenue plat was that the neighbors wanted to keep the trees. He did not feel that the City has the right. Businesses are different because they do not need trees around their property to make it more valuable. Councilmember Bolkcom stated that there are a lot of neighborhoods in the suburbs that have tiny trees in the front yard, and everything has been clearcut. It would be different if there were tons of property with tons of trees. Fridley does not have that. If her neighbor cut down a bunch of trees to subdivide it and sell, it would change the nature of the neighborhood. When a property is subdivided, Council has to look at what is there and the preservation of how it used to be. This is not much different from other communities who want to do this. Councilmember Wolfe stated that the trees that are replanted where many trees are cut down are going to grow. It is very expensive to drop full trees, and some people have to cut down trees to build their house. Councilmember Bolkcom stated that the zoning text amendment is not saying that they have to. The issue behind it is that they need to work with staff when replanting and cutting trees down. Mayor Jorgenson stated that the City just put a tremendous investment in the Riverview Heights area to deal with flood water. The mature trees help maintain the storm water system. This issue is not all aesthetics. Council needs to be able to look at what makes sense for a neighborhood and watershed district. Councilmember Barnette stated that both the Riverwood School and Rice Creek School properties were basically clear land. Both those schools were removed and sold for lots. If you drive through there today, it really looks nice with a lot of mature trees planted by all the residents. People left alone will do that. He asked if this ordinance would require a person to plant three trees on a single lot where people would want to build. Ms. Jones stated that this only applies where trees are being removed. If ten trees were being removed, they would require three trees to be replaced. If there were no trees in the beginning they would not be requiring any trees to be planted. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 22, 2000 PAGE 15 Councilmember Wolfe asked if someone has twenty trees left on the lot after taking twenty trees down, if they would still have to plant three more. Councilmember Barnette stated that was correct. Councilmember Bolkcom asked if staff would work with the property owner with a variance. Ms. Jones stated that in a case like that staff would work with the owner. Councilmember Barnette asked how much it would cost to replace a tree. Ms. Jones stated that it depends on the species but probably around $100 to $300. Councilmember Barnette stated that the variance is pretty broad. Ms. Jones stated that the concern of the cost of this process is that the Florida Department of Natural Resources stated that each tree in an urban environment is worth $275 of benefit each year due to the reduction in air condition cost, erosion control, wildlife protection and air pollution control. The one-time cost of $200 per tree is saving the community the added cost of energy and environmental cost each yeaz. Councilmember Barnette asked why people would not replant trees then. Ms. Jones stated that they would not be talking about this if it were not an item of contention over and over again in the application process. Staff has consistently put the stipulation in about replanting a tree, and it always ends up being a serious item of debate in the application process. Staff wanted to ensure that they are treating all properties the same, and it is difficult to do that if they do not specify requirements. Councilmember Wolfe stated that it sounds like staff wants it and the residents do not. Councilmember Billings asked Ms. Jones if one tree in a buildable azea were removed, if three trees would need to be planted. Ms. Jones stated that if one tree was removed, one tree would be required for replacement. Councilmember Billings asked if he removed twenty trees in a buildable area, if only three trees would have to be replace. Ms. Jones stated that was correct. Councilmember Billings asked what is a buildable area. He did not see a definition. Ms. Jones stated that that is referring to the footprint of the building. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 22. 2000 PAGE 16 Councilmember Billings asked if it was referring to that or to the footprint of the property within the setback. He asked if there was somewhere else in the code that defines buildable area. Mr. Hickok, Planning Coordinator, stated that there was not but is something they could add to the definitions. The buildable area is talking about the area considering the setbacks from the property line and the area for the original construction or where expansion is possible. Councilmember Billings asked if there was a 35 foot front yazd setback, and he took __ down six trees in the front yard setback if he would be required to replace any trees. Mr. Hickok stated that was correct. Councilmember Billings stated that if he is putting an 1,100 square foot home on a 14,900 square foot lot and across the back there is a 25 foot setback, he can take any trees down in that area. Then there is another 35 feet of backyard that is so dense with trees that grass will not grow in that area. The home would not be built back there, but in order to have the grass grow trees would be cut down. If they happen to be in the building area, then the property owner would need to replace them somewhere else on the lot. Mr. Hickok stated that was correct. Councilmember Billings asked if he would be required to replace a tree taken out for a second accessory building with another tree years down the line. He asked who would be tracking it. Ms. Jones stated that the requirements only apply to a subdivision application, not applying to an existing property five to ten years later if the owner decided to add on. Councilmember Billings stated that it does not state that this only applies to the first building put on the property. Mr. Edman, 230 Craigbrook Way, stated that he is not against this, but he was concerned about future restrictions on R-1 property. Mayor Jorgenson stated that Council was more concerned about large lots where a developer will come in and clearcut the lot and not put trees back up. Mr. Edman asked if the City replaces trees when they do City projects. Mr. Flora stated that a diseased boulevard tree would be cut down and replaced on the property owner's property. As far as street projects, they do not. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 22, 2000 PAGE 17 Mr. Edman stated that near Stonybrook Creek many trees were cut down about five years ago. He thought that it was fair that when the City cuts down trees they should replant them also. Mayor Jorgenson stated that the project was done as a special assessment primarily to the watershed district. Anything taken down was paid for by the assessment district and with some City money as well. If the City put trees in, it would have increased the cost to the assessment area. That area was difficult because they could not access that without taking trees down. Mr. Edman stated that a neighbor's trees ended up dying because the roots were so damaged because of the bulldozers used in taking down those trees. With the East River Road project, the County did not replant the trees taken down. Councilmember Bolkcom stated that part of the reason is that they will not plant trees close to the shoulder of the road. Mr. Edman stated that this is like the owner who built the house where all the trees were on Riverview Terrace. If he has to plant more trees, they are all going to be scrunched up near the house. He thinks people do a good job with their own judgment. Councilmember Billings stated that he understood the answer that this is not going to be retroactive on any subdivisions that currently exist today. He also understand that any subdivisions that are inactive in the future after the enactment of this particular ordinance would be subject to its provisions. Councilmember Barnette stated that Blaine has a forester who marks the trees that they cannot take out. That is getting to be too much. He likes the wording of the second paragraph that says that the EQEC members felt that the City should encourage reforestation of the City through public education and have low-cost tree sales to Fridley property owners. � Councilmember Wolfe asked for more information about the low-cost tree sale. Ms. Jones stated that what is spelled out in the definition of a replacement tree is a 2.5 inch diameter tree. Project Impact tries to have more high wind resistant trees to help prevent them from being lost in the storm. They are hoping to use the grant money for coupons for $20 or $30 off for local suppliers in town. That is currently in the planning stages. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 9:26 P.M. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 22, 2000 PAGE 18 NEW BUSINESS: 4. AWARD CONTRACT FOR CITY'S ENTRY MONUMENT SIGNS: Councilmember Billings stated that he asked to have this pulled because he would like the public to know where the monument signs will be and what they will look like. Mr. Hickok, Planning Coordinator, stated that the signs would be placed at entry points of the City. Six locations have been secured for the monument signs in the City of Fridley. The first of those locations will start at the top of East River Road. There is a__ resident at 8360 East River Road with a very wide lot. We negotiated with the property owners to have a 20 foot by 20 foot area on the south edge of the front of the lot. There is a nice existing tree for a backdrop, and there will be new landscaping around the sign. Staff felt it was appropriate to reduce that sign size from 5 feet by 10 feet to 4 feet by 8 feet to give it more of a residential scale. Councilmember Bolkcom asked why they were using timbers. Mr. Hickok stated that at three of the six locations it is a State requirement. For safety purposes the State required break-away materials if a car hit the signs to reduce damage to the vehicle. Mr. Hickok stated that at the south end of East River Road there was very little opportunity for the right-of-way for the signs. There is an auto recycling facility with a screening fence around the perimeter of the property. A location was decided on further to the north at the Wellhouse # 13 site. There is a backdrop that exists with a nice green vegetation, and it will not interfere with the roadway or wellhouse operations or the Sprint tower. The County did not feel that they wanted our sign on County property on the right-of-way or the median and encouraged us to push it back onto the City's private property. North of University Avenue, there is a knoll that exists at the Wal-Mart Slumberland site north of the City along the southbound lane between the service drive _ and the University Avenue bikeway/walkway. That has been negotiated. That sign would be more appropriately scaled at 12 feet by 6 feet. On the south end there is a location along the opening on the on ramp to I-694 as you are heading northbound on University Avenue. The fifth location was decided to be the northernmost 300 feet south of Osborne Road on Highway 65. There is an Amoco facility at that intersection and a service drive. The State has given us an easement to put the sign 300 feet south of that intersection. The sign would be on the back side of open grass area and prominently placed on southbound Highway 65. South of I-694 at the corner of 53`d and Old Central Avenues is a very prominent setting and provides a perfect opportunity for the sign. Mayor Jorgenson asked for clarification about the $48,000 that was given from the business community. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 22. 2000 PAGE 19 Mr. Hickok stated that the 50�' Anniversary Committee worked very hard on this, and the funds were raised from the service organizations in the City. Initially, they set out to have six service organizations donate funds for the signs. To their surprise they found a total of eight service organizations giving a gift of $6,000 each. That provided $48,000 towards the sign budget. The organizations that donated money will have their names sandblasted on the bottom of the entry monument sign with eight service placards that will have the same character as the sign itself. Mr. Hickok stated that the proposal for the sign shows "Fridley Welcomes You" in gold leaf which has a reflective quality when the light hits it. The background will be a rich __ blue and a darker'shade of blue to help the letters stand out. At the top of the plaque the Banfill-Locke House is nestled amongst the trees and the bluff as it overlooks the Mississippi River. Councilmember Bolkcom stated that she was concerned because she thought the signs were going to be basically of the same material and size. Mr. Hickok stated that is a consequence of the locations. To get good visibility, they felt that it was very important to work with the guidelines that MnDOT gives. Staff felt it more appropriate in a residential area to not have brick bollards in someone's front yard. This location could be brick. The south end of East River Road is on City property and there is flexibility there also. The south ends on University Avenue and on Highway 65 are MnDOT right-of-ways so they really have no choice. Councilmember Bolkcom stated that the reason behin� the brick is to carry the sarne theme they have at Christianson Crossing and now on 57`� and they want to kind of mimic the same thoughts. She thought they should do the same brick on as many as they can. She has heard neighbors say they would rather have brick for a classier and more distinct look. Mr. Hickok stated that the City is in the driver's seat in the locations where there is brick. The neighborhood homeowners have said yes to whatever has been decided. If you feel brick is appropriate they can go with brick. Councilmember Wolfe asked if the signs with wood would still have the placards on the bottom of the sign. Mr. Hickok stated that was correct. There is a cost of savings in not doing the brick, and they could enhance the sign and create the same scale by landscaping. Councilmember Bolkcom asked if the bottom portion of the sign would be separate. Mr. Hickok stated that it is a separate sign but hangs on the uprights. Councilmember Barnette stated that on Highway 65 Blaine has some signs that do not look good because of the landscaping. Elk River on Highway 10 by the lake really looks FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 22, 2000 PAGE 20 nice. Landscaping is important and they have talked about who would take care of the landscaping. Mr. Hickok stated that the thought is to have the gold leaf on the sign and have some lighting behind the sign above the landscape to create a glow around the sign itself. Councilmember Barnette stated that the signs are a great idea and will add a lot to the City and its image. He asked when they would be put up. Councilmember Bolkcom asked if the sign in the neighborhood would be left up to staff. __ Councilmember Billings stated that he heard staff say they will change that one to brick on her recommendation. Mr. Hickok stated that the sign would be fabricated in six to eight weeks. MOTION by Councilmember Barnette to award the contract for the City's entry monument signs to Redwood Signs by Hornibrook. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. FIRST READING OF AN ORDINANCE FOR A ZONING TEXT AMEI'+1DMENT, ZT #00-01, BY THE CITY OF FRIDLEY, INTENDED TO MINIMIZE LOSS OF URBAN FOREST BY REQUIRING TREE PRESERVATION PLANS AS PART OF SUBDIVISION APPLICATIONS: MOTION by Councilmember Bolkcom to table the first reading of this ordinance for a zoning text amendment, ZTA #00-01, by the City of Fridley, intended to minimize loss of urban forest by requiring tree preservation plans as part of subdivisio� applications until staff comes back with definitions regarding the building definitions and clarifications on cutting of the trees. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. RESOLUTION NO. 41-2000 DETERMINING THAT A CERTAIN PARCEL IS OCCUPIED BY STRUCTURALLY SUBSTANDARD BUILDINGS AND IS TO BE INCLUDED IN A TAX INCREMENT FINANCING DISTRICT (349-353 57 PLACE N.E.): Councilmember Billings asked where this was in relationship to the duplex the City just bought. Mr. Hickok, Planning Coordinator, stated that it is right on top of it. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 22, 2000 PAGE 21 MOTION by Councilmember Billings to adopt the resolution determining that a certain parcel is occupied by structurally substandard buildings and is to be included in a tax increment financing district. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 18. VARIANCE REQUEST, VAR #00-06, BY GREAT LAKES CHINESE RESTAURANT, TO INCREASE THE ALLOWABLE SQUARE FOOTAGE OF A FREE-STANDING SIGN FROM 80 SQUARE FEET TO __ 92 SQU�iRE FEET, GENERALLY LOCATED AT 7890 UNIVERSITY AVENUE N.E. (WARD 3): Mr. Hickok, Planning Coordinator, stated that the petitioner was seeking to increase the size of a free-standing sign from 80 square feet to 92 square feet to allow continued use of a free standing sign. The existing pylon sign was illegally installed without a sign permit or prior variance approval. The property is located on the north end of University Avenue. It was platted in 1962, and the restaurant was constructed in 1977. There have been a number of sign permits issued for this site from 1978 through 1996. The current sign was installed in 1998 without a sign permit. Code allows the maximum size of a pylon sign to be 80 square feet in area. The petitioners are seeking a variance to increase that size by 12 feet. Mr. Hickok stated that staff observed there was an additional illegal sign installed without a permit, and that was the sign stating kids eat free Tuesday and Saturday. That sign has been removed. Great Lakes Chinese Restaurant sign is 92 square feet. There aze other signs on the building as permitted by the sign code on the south and east sides of the building. The Code also allows for advertising on windows using not more than fifty percent (50%) of the window area. The petitioner's summary of hardship states as follows: "Given that the sign frame has existed prior to Mr. Huynh's purchasing the business, and the sign frame in question was allowed to exist under the ownership of the prior business, Mr. Huynh maintains the prior existing sign frame constitutes an exceptional or extraordinary circumstance." Mr. Hickok stated that one of the code requirements for sign variance approval is that the exceptional or extraordinary circumstance applicable to the property or to the intended use does not apply generally to other properties in the vicinity or district. The sign code is uniform across the entire City, and no single occupancy signs in the vicinity exceed 80 square feet in size. Another criteria is that the variance is necessary for the preservation and enjoyment of the substantial right possessed by other properties in the same vicinity and district but which is denied the property in question. The larger than code signs are not a right possessed by others in the vicinity and the petitioner has pylon and wall sign opportunities on the site. Any larger than code sign is for multi-tenant properties. The next criteria that the normal application of the sign code will constitute an unnecessary hardship. FRIDLEY CITY COUNCIL MEETING MINUTES DF MAY 22, 2000 PAGE 22 Mr. Hickok said the petitioner failed to apply for sign permits prior to installation despite being encouraged to do so by City staff. If the petitioner had applied for a sign permit, the petitioner would have been required to construct an 80 squaze foot sign, saving the added expense that went into the 92 square foot sign. The final criteria for granting a sign variance is that granting the variance would not be detrimental to the public health, safety, general welfare or detrimental to the property in the vicinity. The existing sign can be modified to meet the code. Granting of the variance would be detrimental, as it would set a precedent for increasing sign size for single occupancy commercial buildings along University Avenue and change the new standazd for the sign code. Mr. Hickok stated that the Appeals Commission concluded that the petitioner's lack of hardship and the sign size is inconsistent with the recent history and recommended denial. Staff recommended denial in that the petitioner has no statutory defined hazdship, no compazable variances have been granted for the past five years, and this would be detrimental as it would set a precedence. Granting the variance would encourage businesses to erect larger than code size signs without a permit and then seeking a variance once the citation has been issued. Councilmember Bolkcom asked if there is any sign along University Avenue in the area that has been granted to a single tenant of this nature and size. Mr. Hickok stated that there has not been. Mr. Mike Verbrick, attorney for the petitioner Mr. Huynh, stated that there is no statutory hardship here. They are asking the City to grant the variance anyway. His client baught the restaurant in 1998, and there were no face panels at all on the signs. He bought the business with the face panels and did not construct the sign. He should have applied for a variance at that time, but he did not know he had to. He thought the Fridley sign code states that the sign erector has the responsibility to apply for a variance. The sign company that did this took $10,000 of his client's money and left his client in a lurch. Mr. Verbrick said that around that time, the City of Fridley sent his client a letter saying that the sign was illegal. His client probably threw it away because he does not read English. He was born in a war zone in Vietnam and came over here by way of a 27 foot Malaysian fishing boat in 1989. He has a nineth grade education and is illiterate in two languages. He asks you to consider the equities of the situation. This is the first business this refugee has ever owned. His client is being prosecuted criminally for failure to put up the sign and charged with a misdemeanor. The old business went bankrupt and the sign frame was there before. He just put in nice looking face panels. His client has not ever received one telephone call from anyone associated with the City. He is a nice guy and would like to see the City of Fridley reach out to him. He has never received one invitation from the Chamber of Commerce or the City of Fridley's Small Business Owner's Association. This proceeding could help him form some networks and contacts to bring him into the City of Fridley business owners' community, and he may feel a little more a part of the community and less intimidated and willing to approach the City government when he has a problem. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 22, 2000 PAGE 23 Mayor Jorgenson asked if his client receives other mail like water billings, electric bill, gas bills, sales tax information notices. Mr. Verbrick stated that he does. Mayor Jorgenson asked how helps him with that. Mr. Huynh's interpreter stated that sometimes he gets an interpreter and other people to help him. Councilmember Bolkcom asked if the sign company that took $10,000 from Mr. Huynh applied for a sign permit. It seems the injustice is that this company would have applied for a permit to begin with the client would have been well awaze that the City of Fridley does have a sign code and the signs can only be 80 square feet. At some point there is a precedent here and they have to follow the rules. The company that erected this sign has done the injustice here. She asked if the petitioner could go to the sign company and have them reduce the sign size. Mr. Verbrick stated that there is $1,800 in damages, and his legal fees are approximately $1,800. Councilmember Barnette asked if they are also co-defendants in this criminal action. Mr. Verbrick stated that they were not. Mr. Hickok stated that Taurus Sign Company would be cited in this action. Councilmember Bolkcom stated that they are probably not licensed and bonded in the State, so they can probably go back to the State because most contractors have to be licensed and bonded. Councilmember Wolfe asked if they could go after the sign company and have them take on all the costs because they are the ones who made the mistakes. Mr. Knaak, City Attorney, stated that when you sue anybody there aze costs involved, and that is a financial consideration. Yes, there is a hard and fast rule here that says that signs must be a certain size. If someone constructed a sign in violation of that it is a criminal offense, but there are also zoning code issues that have to deal with the landowner directly. In this instance, a criminal charge was brought and will be modified or dropped, but at least the sign company will be brought in. Sometimes the sign companies are companies in name only and they are not reputable and disappear. Councilmember Bolkcom asked if the petitioner was the landowner. Mr. Knaak stated that he was not. Mayor Jorgenson asked if the petitioner was the lessee of the land. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 22, 2000 PAGE 24 Mr. Hickok stated that was correct. Mayor Jorgenson asked if it would be allowable for Council to allow the sign to remain until court action has been taken for the sign erector and the landowner. Mr. Knaak stated that they could, but then it would have to be done for anyone else in a similar situation. It happens often enough that it would be a concern. Mayor Jorgenson stated that this gentleman was taken by a sign contractor, and the owner __ has some obligation to make sure the sign erected was correct. She asked if someone else should appear before the Council. Councilmember Bolkcom stated that the petitioner tonight is one who paid money to erect the sign. Mr. Knaak stated that there is no dispute that this sign in not conformity. This applicant was seeking to get that variance. The obligation is criminal and civil. A civil action would compel that over fifteen feet be cut off and be directed at the lessee, respective of whether they were able to recover from the owner. One solution would be to give them a certain period of time to come into compliance. The circumstances are unique to this individual. There is a lot of creativity in the sign business, and there are a lot of interesting arguments. He had no doubt that if a sign that 92 square feet was allowed to stay up, word would be out in a very short period. Mr. Burns, City Council, asked if they could table the variance request to allow sixty days. Councilmember Bolkcom stated that they are not sure if they are going to go after the sign company because of the amount of money involved in taking legal action. Mr. Knaak stated that this is already in non-conformance. Tabling the matter does not reduce or change the status in any way. Councilmember Bolkcom stated that they do not have to totally destroy the $10,000 sign. Mayor Jorgenson stated that Council has been firm on allowable signage for businesses. She is concerned that they give the petitioner adequate time to try to make adjustments to the sign. She asked if the City ever gives a telephone call to the businesses. Mr. Hickok stated that they send out a series of letters with the end result being a citation. There are certain situations where the recipient of the letter will call back and start a dialogue. The written word by the U.S. mail has proved to be the best opportunity, and the City is always available for questions or clarifications. As for where they are at in the sixty-day process, May 30 is the end of the sixty days. Staff was told by the sign fabricators that there is a six to eight-week window for sign fabrication. Staff FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 22, 2000 PAGE 25 recommended denial of the variance and to allow six to eight weeks to have the sign put up. Beyond that, there is no variance, and the sign is down. The court issue does not make this better for the variance. MOTION by Councilmember Bolkcom to deny Variance Request, VAR #00-06 by Great Lakes Chinese Restaurant. Seconded by Councilmember Billings. Mayor Jorgenson stated that hearing impaired individuals can have interpreters brought in. She asked if the same law relates to people of a diverse culture in providing interpreters for individuals who do not speak English. __ Mr. Knaak stated that the answer is yes, but while the publication is generally given in this instance, the applicant has come forward with a translator and is represented by counsel. He has heard no objection of any sort about the manner in which this hearing has been conducted. Mayor Jorgenson stated that she is concerned about the original letter not being responded to. She asked if the City had any obligation to contacting the petitioner to see if there was further clarification needed. Mr. Knaak stated that Fridley takes extraordinary steps to contact individuals, The City relies on people being able t� read and communicate or have somebody read to them. The City's record has at least two mailings before a chazge was brought. The fact that this is part of the explanation why a charge had to be brought does explain some things, but this individual is going to be relieved of the criminal citation. It still does not change the issue with respect to the fact that it is a non-conforming sign. Councilmember Bolkcom stated that if this denial was passed, her intent was that she wanted to make a motion to allow the petitioner ninety days to give him time for the six to eight weeks for the sign fabrication and to work with the company. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to allow Great Lakes Chinese Restaurant ninety days to bring the sign into conformance. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom stated that if the sign would take longer than ninety days, the petitioner should speak to Mr. Hickok for an extension onto that motion. Mr. Verbrick thanked Council for trying to work this out. FRIDLEY CITY COUNCIL MEETING MINUTES OF MAY 22, 2000__ PAGE 26 19. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that the residents on Starlite Boulevard asked staff to speak to Northern States Power Company (NSP) about replacement trees that were removed by NSP crews. He has contacted NSP, and they said they are not going to replace the trees. They do not want to do it on railroad property. Mayor Jorgenson stated that on Tuesday, May 23, there will be a Council review session. Ms. Connie Metcalf will be the moderator. Mayor Jorgenson encouraged residents to watch that session and call in with questions or comments. __ Councilmember Bolkcom stated that Mr. Flora has invited the neighborhood of Rice Creek to a meeting regarding the bank stabilization project of Rice Creek on Wednesday, May 24, at 7:00 p.m. at the Municipal Center. ADJOURN: MOTION by Councilmember Bolkcom to adjourn the meeting. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MAY 22, 2000, CITY COUNCIL MEETING ADJOURNED AT 10:40 A.M. Respectfully submitted, Signe L. Johnson Nancy J. Jorgenson Recording Secretary Mayor • THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF JUNE 5, 2000 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 5, 2000 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:32 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: Mayor Jorgenson, Councilmember Billings, Councilmember Bolkcom None STATEMENT OF MEETING CONDUCT: Councilmember Barnette, Councilmember Wolfe, and Please be reminded that those present at today's meeting may hold a variety of views and opinions regarding the business to be conducted. The exercise of democracy through representative local government requires that ALL points of view be accommodated at these proceedings. It is further expected that a standard of mutual courtesy and respectfulness be exercised by ail in attendance, through our individual expression, manner of speaking, and conduct. Therefore, please receive the views of other with the same degree of courtesy and respect with which you desire to be given your views and opinions. Any departures from this standard will be addressed by the Presiding Officer through whatever means are deemed appropriate. Thank you for your attendance at today's meeting, and your agreement to abide by these standards of personal conduct. PROCLAMATION: Recognition of Services on Commissions - Brad Sielaff Mayor Jorgenson stated that former Commissioner Brad Sielaff was being recognized with a plaque presented by the City Council in grateful appreciation for his service on the Energy Commission, Environmental Quality and Energy Commission, and the Planning Commission. Mr. Sielaff has served as a commission member from August of 1983 through April of 2000. Mr. Sielaff accepted the award and thanked Council. FRIDLEY CITY COUNCIL MEETING MINUTES OF JUNE 5, 2000 PAGE 2 Presentation of Fridley `49er Davs Rovaltv Mr. Chuck McCusick, Fire Chief, stated that Carrie Snyder, Miss Fridley of 1992, was present to introduce the Fridley royalty. Ms. Snyder stated that all the events for the Fridley `49er Days are in the Fridley community report that was mailed to all residents and is also available at the Fridley Municipal Center. Ms. Snyder introduced Queen Julie Menard, Princess Marie Wontor, and Princess __ Melissa Overacker. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Billings to approve the proposed consent agenda. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 1. APPROVE TOWER SITE LEASE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND AT&T WIRELESS SERVICES FOR THE PURPOSE OF CONSTRUCTING A COMMUNICATIONS FACILITY INCLUDING AN ANTENNA TOWER GENERALLY LOCATED AT 53 AVENUE AND MATTERHORN DRIVE N.E. (WARD 1): Mr. Burns, City Manager, stated that this was a motion to approve a tower site lease agreement between the City of Fridley and AT&T Wireless Services for the purpose of constructing an antenna tower at the City's 53`d Avenue water tower. It would provide for the construction of a separate monopole on the west side of the 53`d Avenue water tower. In exchange for the use of the City's property, the City will receive $1,200 per month (adjusted annually by the increase in the CPI or five percent (5%), (whichever is greater.) Staff recommended Council's approvaL APPROVED TOWER SITE LEASE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND AT&T WIRELESS SERVICES. 2. APPROVE TOWER SITE LEASE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND SPRINT SPECTRUM L.P. FOR THE PURPOSE OF CONSTRUCTING A COMMUNICATIONS FACILITY, GENERALLY F_RIDLEY CITY COUNCIL MEETING MINUTES OF JUNE 5. 2000 PAGE 3 LOCATED AT THE CITY OF FRIDLEY HIGHWAY 65 WATER TOWER SITE (WARD 1): Mr. Burns, City Manager, stated that this was a motion to approve a tower site lease agreement between the City of Fridley and Sprint Spectrum L.P. for the purpose of constructing a communications facility at the Highway 65 water storage tank. The agreement would provide for the attachment of three antennas at three different elevations on the Highway 65 elevated water storage tank. The terms of this contract are the same as for the AT&T contract. APPROVED TOWER SITE LEASE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND SPRINT SPECTRUM L.P. 3. APPROVE AGREEMENT FOR ADMINISTRATIVE SERVICES BETWEEN THE CITY OF FRILDEY AND THE CENTER FOR ENERGY AND ENVIRONMENT, INC.: Mr. Burns, City Manager, stated that this was a motion to approve an agreement for administrative services between the City and the Center for Energy and Environment, Inc. (CEE). CEE has administered the City's housing rehabilitation loan programs since 1996. While the City had a contract to cover this administration generally, a separate contract for administration of housing rehabilitation loans that aze paid for from CDBG money. Since the Housing and Urban Development Agency requires the contract to be in place, the action requested is to correct this oversight. The contract provides that CEE shall receive a fee equivalent to eight percent (8%) of the loan amount for contracts entered into between 1996 and 1999 (the amount the City has been paying). It also provides a ten percent (10%) fee for loans administered in 2000. Since staff has been very pleased with the work of CEE and believes that the fees are consistent with the work required, staff recommended Council's approval. APPROVED AGREEMENT FOR ADMINISTRATIVE SERVICES BETWEEN THE CITY OF FRIDLEY AND THE CENTER FOR ENERGY AND ENVIRONMENT, INC. 4. APPROVE CHANGE ORDER 1�10. 1 TO W.B. MILLER, INC., FOR STREET IMPROVEMENT PROJECT NO. ST. 2000-1: Mr. Burns, City Manager, stated that there are two separate items covered by the change order. The first item allows for the construction of storm water and sanitary sewer services for the Tim Jawor project at 7411 University Avenue East Service Drive. The cost for this construction is $9,854.80 and will be assessed to the property. The second item allows for a wet tap needed to relocate a hydrant at the corner of 73`d Avenue and the East University Avenue Service Drive. The cost for this item is $1,345. Staff recommended Council's approval of the payment these two costs ($11,199.80) to W.B. Miller, Inc. FRIDLEY CITY COUNCIL MEETING MINUTES OF JUNE 5, 2000 PAGE 4 APPROVED CHANGE ORDER NO. 1 TO W.B. MILLER, INC., FOR STREET IMPROVEMENT PROJECT NO. ST. 2000-1. 5. RESOLUTION NO 42-2000 ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: RICE CREEK BANK STABILIZATION PHASE II, PROJECT NO. 333: Mr. Burns, City Manager, stated that this item and the next three items are being requested to satisfy the requirements for the assessment of costs associated with phase two of the Rice Creek Bank Stabilization project. The project consists of __ the placement of rip rap on the outside curves of Rice Creek as it passes through property located between University Avenue and the Burlington Northern/Sante Fe Railroad tracks. The purpose of the project is to eliminate property erosion and sedimentation. Staff brought the project forward after two neighborhood meetings with the residents who will be assessed for portions of the project cost. The City's estimated cost for its portion of the project is $28,000 and has been provided for in the 2000 capital improvements budget. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 42-2000. 6. RESOLUTION NO. 43-2000 RECEIVING THE PRELIMINARY REPORT AND RECEIVING PETITIONS TO WAIVE THE PUBLIC HEARING ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS: RICE CREEK BANK STABILIZATION PfIASE II, PROJECT NO. 333: Mr. Burns, City Manager, stated that staff recommended Council's approval of this resolution. ADOPTED RESOLUTION 43-2000. 7. RESOLUTION NO. 44-2000 ORDERING FINAL PLANS AND ESTIMATES OF COSTS THEREOF: RICE CREEK BANK STABILIZATION PHASE II, PROJECT NO. 333: Mr. Burns, City Manager, stated staff recommended Council's approval of this resolution. ADOPTED RESOLUTION NO. 44-2000. 8. RESOLUTION NO. 45-2000 RECEIVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS: RICE CREEK BANK STABILIZATION PHASE II, PROJECT NO. 333: Mr. Burns, City Manager, stated that staff recommended Council's approval of this resolution. FRIDLEY CITY COUNCIL MEETING MINUTES OF JUNE 5, 2000 PAGE 5 ADOPTED RESOLUTION NO. 45-2000. 9. RESOLUTION NO. 46-2000 AUTHORIZING ANOKA COUNTY PARKS AND RECREATION DEPARTMENT TO MAKE IMPROVEMENTS AT LOCKE PARK: Mr. Burns, City Manager, stated that according to the City's agreement with Anoka County, the County's improvements to Locke Park, a County park that is owned by the City, must be approved by the City. In this instance, the County wishes to use $300,000 in grant funding from the Metropolitan Council to __ construct a new picnic shelter, new restroom facilities, trail upgrades, a trail kiosk, security lighting, make Americans with Disabilities Act modifications, and provide various site furnishings. Since these improvements are to the benefit of Fridley residents, staff recommended Council's approval. ADOPTED RESOLUTION NO. 46-2000. 10. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMENDING APPENDIX F TO PROVIDE FOR THE ADJUSTMENT OF SALARIES FOR THE MAYOR AND COUNCILMEMBERS IN ACCORDANCE WITH SECTION 2.07 OF THE CHARTER OF THE CITY OF FRIDLEY: Mr. Burns, City Manager, stated that this ordinance provides for a three percent (3%) cost of living adjustment for the Mayor and Councilmembers for 2001. WAIVED THE READING AND APPROVED ORDINANCE ON FIRST READING. 11. APPOINTMENT - CITY EMPLOYEE: Mr. Burns, City Manager, stated that staff recommended the appointment of Stacy Bulthuis to the Planner/Code Enforcement Officer position that was vacated recently by Missy Daniels. Stacy is a recent graduate of St. Cloud State University with a B.A. in Local and Urban Affairs. She is currently a planning intern for the City of Shoreview where she is performing code enforcement duties. Stacy has also served in internships for Todd County and MnDOT. Her past experience includes the creation of GIS maps, production of a planning and zoning newsletter and traffic-related research. She is available to start work on June 26. APPOINTED STACY BULTHUIS TO THE PLANNER/CODE ENFORCEMENT OFFICER POSITION. FRIDLEY CITY COUNCIL MEETING MINUTES OF JUNE 5, 2000 PAGE 6 12. CLAIMS: APPROVED CLAIM NUMBERS 93525 THROUGH 93745. 13. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. 14. ESTIMATES: APPROVED ESTIMATES AS FOLLOWS: Frederic W. Knaak Holstad and Knaak, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of May, 2000 $5,000.00 No persons in the audience spoke regarding the consent agenda items. MOTION by Councilmember Barnette to approve the consent agenda items. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Barnette to adopt the agenda as presented. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNAI�IIMOUSLY. OPEN FORUM,VISITORS: No persons in the audience spoke. PUBLIC HEARING: 15. SPECIAL USE PERMIT REQUEST, SP #00-08, BY KAIS GUIGA, ISLAMIC CENTER OF MINNESOTA, TO ALLOW TEMPO__RARY FRIDLEY CITY COUNCIL MEETING MINUTES OF JUNE 5, 2000 PAGE 7 (MODULAR) CLASSROOMS, GENERALLY LOCATED AT 1401 GARDENA AVENUE N.E. (TABLED MAY 8, 2000) (WARD 2): MOTION by Councilmember Billings to remove this item from the table. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:46 P.M. Mr. Hickok, Planning Coordinator, stated that this was a lot split and special use permit request for the property at 1401 Gardena. The lot split is actually a lot consolidation. The Islamic Center requested a special use permit to allow installation of an 83 foot by 68 foot classroom at the northeast corner of the building. The Islamic Center also requested a lot combination to allow the residential site at 1413 Gardena to be added to the property. Mr. Hickok stated that code requires a special use permit for a private school in an R-1 zoning district. The classroom would cross the property line at the residential site owned by the Islamic Center. Therefore, staff felt that the lot consolidation was essential. Staff recommended approval of the lot combination with two stipulations which he outlined. Mr. Hickok stated that staff recommended approval of the special use permit with stipulations which he outlined. Since the last public hearing, staff and members of the Islamic Center reinsp�cted the site. Other inspections occurred with the property owners after clean-up had taken place. The school surveyed all 99 residents from the original public hearing notice. Of those residents, nine responses were received. The responses were analyzed, and the school contacted each of them to talk about their concerns specifically. Regarding the traffic concerns, the school stated that they would be rr�eeting with parents to provide information for the children about the safety of crossing to the school. The school held clean-up weekend events in an effort to get a large group of people together and get the concerns addressed. Staff inspected last week to verify that the clean-up items were taken care of. The school has contracted with the same lawn care business that contracts with Totino-Grace High School for the large area of the campus behind the school. The school is committed to fence construction along the western boundary of the school. Staff recommended additional stipulations based on the public hearing and the comments that were heard. Councilmember Wolfe stated that the building is going behind the house. As far as future building, the Islamic Center stated that they would be looking at off-site property. Mr. Hickok stated that was not clear to him. They understood the concerns of residents as the school grew. They understand the concerns about students driving to school. It is FRIDLEY CITY COUNCIL MEETING MINUTES OF JUNE 5, 2000 PAGE 8 a school policy that students do not drive to school. The Islamic Center is currently analyzing their capital improvement needs and is not certain about its growth. Mayor Jorgenson asked how far the furthest northeast corner would be from the closest property line to the east. Mr. Hickok stated that corner would be about 25 feet from the adjacent property. Mayor Jorgenson asked if it met the required setback. Mr. Hickok stated that it would. Mr. Kais Guiga, petitioner and Vice President of the school, stated that the new addition would be hidden partially by the hill, so the neighbors will not be affected much. The outside would look more like a house with nice wood siding. Councilmember Wolfe stated that he was told by the Principal of the school that if more students were added, that a new school would be looked off-site. Mr. Guiga stated that was the first option, but it was difficult because of the money. It is easier for the parents no to switch locations. Councilmember Bolkcom asked how many students they have now and how many they expect in the next few yeazs. Mr. Guiga stated that this year they have about 260 students. The portables would provide space for 39 students. Grades 6, 7, 8, 9, and 10 require a science lab and a computer lab. That is the reason they need extra space. They would not be increasing the population of the school much except for in the lower grades. Next year they will have around 300 students. Councilmember Barnette stated that he talked to a lady who was a secretary in the initial school on the site about the parking. There was no parking in back at first. It was a basketball court. Now there are 30 current spaces, and no students drive to school. Mr. Guiga stated that students will not increase the pazking because they are not allowed to drive to school. Councilmember Barnette asked if there was enough space for the faculty parking. Mr. Guiga stated that they will not be adding any more teachers, and parking is adequate for them now. Councilmember Barnette stated that starting next year there will no longer be any more school buses. FRIDLEY CITY COUNCIL MEETING MINUTES OF JUNE 5, 2000 PAGE 9 Mr. Guiga stated that was conect. His school will not have a school bus at all and will be contracting with other school bus companies. Councilmember Barnette stated that under State law, if you live in the Fridley school district, you are allowed busing. Councilmember Wolfe asked if they addressed the issue of children being dropped off in front of the school and walking across the street. Mr. Guiga stated that the Principal is working on this problem. Councilmember Wolfe stated that a school patrol may work. Mr. Hickok stated that a school crossing guard is coordinated with the Public Safety folks which may be a possibility. MOTION by Councilmember Wolfe to accept the petition from members of the neighborhood. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Burns, City Manager, stated that the petition reads: "We the undersigned property owners in the City of Fridley petition the honorable City Council to not allow any further expansion at 1401 Gardena �venue property of the Islamic Center of Minnesota/Al-Amal School and to enforce the maintenance of the grounds and buildings." Mr. Ray McAfee, 1360 Hillcrest Drive, stated that since May 8 when this item was tabled, he was faced with two huge dumpsters overflowing. Outside the fence area there was a pile large enough to fill one of those dumpsters. He wondered about the school's promises. He asked if they were trying to be good neighbors until this item is approved. He asked what was going to happen to the properties once they received Council's approval and the trailer is moved onto the property. He asked what was going to happen to the trailer after the temporary time limit. He said he watches how people drop their children at the school. With the transportation company he drives for, they cannot drop people off on the opposite side of the street and expect them to walk safely across the street to the school. He asked what would happen if the curbing was painted yellow in front of the school to allow school buses to come in on the north side of Gardena to drop the kids at the curbing. Councilmember Wolfe stated that the number one concern of the neighbors was about the maintenance of the property. If they do not maintain this, they will lose their special use permit. Councilmember Bolkcom stated that they had some issues with Home Depot with not keeping up their property. Because they had a special use permit, the City has more FRIDLEY CITY COUNCIL MEETING MINUTES OF JUNE 5, 2000 PAGE 10 leeway. The City can contact them at any time and hold a hearing to decide whether or not they can keep the special use permit. Mr. McAfee asked if anybody really knows if this will be a permanent part of the school. Councilmember Bolkcom stated that they do not know because of money issues. They need three years to see if they can plan or build something else. Brother Milton Barker, President of Totino-Grace High School, stated that when the Islamic Center began to use that property, there was a tremendous community outreach. The Islamic Center wrote to all the neighbors and explained who they were and what they __ wanted to do. TYiey invited nieghbors to come and visit the property. The school uses Totino-Grace's parking lot on Sunday. They have also used Totino-Grace's gym and auditorium for larger group activities. In general, the neighbors have been very friendly. It is unrealistic for schools to move elsewhere. As private schools, they are funded by a small group of people. They do not enjoy the government support. Brother Barker stated that at a Planning Commission meeting Mr. Hickok pointed out that the Islamic Center had answered some of the concerns with neighbors. Schools cannot always move to mow the grass as fast as homeowners can. The Islamic Center has asked Totino-Grace to contract with them for care of all the property behind the school and Totino-Grace is willing to do that. A good intent is shown by the fact that the Islamic Center did a major renovation to the front of the property and have tried to address the concerns raised by the neighbors since the Planning Commission meeting. Councilmember Wolfe stated that a major issue is traffic. He asked if students thought about parking on Arthur Street. Brother Barker stated that they have had students move cars that were parked too close to residents' mailboxes. Councilmember Wolfe asked Brother Barker if the parking lot was big enough to house all the students. Brother Barker stated that the enrollment is at 1,075. More students are driving today than have ever driven before. They have added two parking spaces on the campus. They would like to have more pazking spaces and would like to address that for a long-range goal. Mayor Jorgenson stated that the City has received complaints from neighbors of students parking at the Innsbruck Nature Center. Mr. Burns stated that the Public Safety Director would be contacting Brother Barker about that problem soon. FRIDLEY CITY COUNCIL MEETING MINUTES OF JUNE 5, 2000 PAGE 11 Brother Barker stated that they asked for permission for students to park there, and it was granted. If the agreement is going to be rescinded the school will not allow students to park there. Mayor Jorgenson stated that the changes for parking will impact next year's school yeaz, rather than this year. Councilmember Wolfe stated that if the school is going to use buses, they have to have the arm that comes out so no one will pass that vehicle. That will help. Councilmember Bolkcom stated that the school is working with the public safety staff to look at school patrol costs. It is something that can easily be sent out to the parents. Mayor Jorgenson stated that if they are using school buses, they should be stopping at the north side of Gardena and letting the students off in front of the school. This requirement should be accommodated at this school. Mr. Guiga stated that the garbage is there now because the company does not pick up on weekends. Tuesday is the day for pick-up. The issue of the leaves will be resolved with proper pick-up also. Dropping off children on the south side of Gardena Avenue is news to him. The buses drop off on the north side of Gardena Avenue, and there is a walkway to take from there. Ms. Ardella Foco, 1345 Gardena Avenue, stated that neighbors have fourteen different issues. She received a letter today stating that they will only build the fence on the left side and only up to the end of her porch. They will not build a fence in the back of the lot on her side. She has an issue with the lights from the school shining into her kitchen, dining room, and bedroom. She felt that they wanted to hurry and do something, and that they might not follow through with all of the issues. The fence, the garbage, the traffic, and the children coming out into the road are issues. She sometimes has to wait for half an hour to get out of her driveway because of the school's driveway being so close. Ms. Foco also felt the watershed is an issue because they will have more water problems. She thought there would be more rats and mice with the extra gazbage that will be produced because of the picnic tables they are going to set up along the pond. She sees food going in there all the time. There are piles of garbage and dead rats. She hoped she would have support from Councilmember Barnette on getting a fence on her side. Councilmember Barnette stated that he thought that issue was resolved. Ms. Foco stated that it was not resolved. Their plan was to plant more greenery. They do not need more weeds. Councilmember Barnette stated that it was his understanding that the fence would go up on the east side of the property and then on the north side. FRIDLEY CITY COUNCIL MEETING MINUTES OF JUNE 5, 2000 PAGE 12 Mr. Hickok stated that it is his understanding that this is not a staff solution. The Center and Ms. Foco dealt with this directly. He thought they agreed on a fence along the east side of her property as opposed to the front corner of her house back to the back corner where the ninety degree turn going toward the playground terminates. There would be landscaping planted in the backyard to mitigate the other concerns about headlights. There is a chain link fence there right now with heavy vegetation, and they reached the agreement that there would be landscaping supplemented in there so she has a nice screened view from the parking lot. He said that staff suggested that screening and landscaping would be a very nice solution. Ms. Foco stated that was not their agreement. If greenery is planted, she will still have garbage thrown over the three foot fence. She thinks it is illegal to not have a fence for headlights shining into a house from an institution. Mayor Jorgenson stated that the school is not required to have a fence of that mature separating the school from a residential property. The Islamic Center does not indulge in alcoholic beverages. The containers being seen coming over the fence are from other people using the property in the evening. This situation could be helped by the Police or others in the neighborhood. The property has been cleaned up and will not be so inviting for young people to go back there to have a party. Ms. Foco stated that they are there preriy much seven days a week and are there throughout the night. Mayor Jorgenson stated that she would need to call the police then. Ms. Foco stated that she called the Police the other day. She asked if they could have Police protection there. Mayor Jorgenson stated that they could not station a police officer only on that particular property to watch for partiers. Council depends on the citizens to call and let them know _ when something is happening. If there are no calls, they have nothing to prove this situation exists. This special use permit gives the City more clout in making sure the stipulations are abided by. Councilmember Barnette stated that Ms. Foco should call 911 if there aze people partying. The more times the police are there, whoever is partying will get the idea that is not the place to be. Councilmember Bolkcom asked Ms. Foco if she would be willing to have a neighborhood resources police officer work closely with the neighborhood. Ms. Foco stated that she does not like calling the police. The last two times she called the police she got badmouthed, and it would be hard for her to call again in the future. FRIDLEY CITY COUNCIL MEETING MINUTES OF JUNE 5, 2000 PAGE 13 Councilmember Barnette stated that there is a National Night Out coming up in August where the neighborhoods and block captains discuss with these situations. Councilmember Wolfe asked if Ms. Foco called 911 when she was badmouthed. Ms. Foco stated that she dialed 911. Mayor Jorgenson stated that they have talked about the possibility of the Islamic Center making that driveway a gated entrance to prohibit people from driving there. Mr. Spencer Minear, 1291 Gardena Avenue, stated that he appreciated the efforts the Islamic Center has made. He asked Council to abide by the requests of the neighbors in holding up the expansion of the program. The petition does not state that the neighborhood wants the Islamic Center to leave. The petition addressed the expansion. The program has grown significantly. Seven years ago they were here talking about the daycare center which did not go through. Many of those same stipulations are back, but a daycare center is there today. There is a serious traffic problem in the neighborhood. He has flexibility in his schedule so that he does not leave for work when backing out of his driveway is dangerous. Putting in more space and students is a problem. The idea in the stipulation that in three years from now the problem of off-street driving will be addressed seems somewhat ludicrous. Mr. Steve Shorma, 5916 Oakwood Manor, stated that the clean-up from the east side has made no progress so far. One gentleman worked one Sunday afternoon and stated that they would really get after it the next week. The next week never came. That is the way it has been since the Islamic Center has taken over. It has been totally neglected. Trees back there have died with Dutch Elm disease. When he informed the Center that he would have to sue them when a tree came down on his property, it was taken out. The holes from the stumps taken out are still there and have never been filled in. The wild raspberries will grow back in the area. The Center does not maintain anything but the front. They are terrible neighbors. He was a supporter at first. He was reluctant to sign the first petition. The Center does not do what it says it is going to do. Mr. Shorman asked Councilmember Wolfe if he saw any improvement in the southeast corner of the property. Councilmember Wolfe stated that Mr. Guiga stated that some of the neighbors did not want the greenery cut. Mr. Shorma stated that he does not know who they are. Mr. Guiga stated that the responses to the survey were not very good. They would like to do another survey that he would handle personally. If he wants the vines to be removed, they will be removed. Eventually, all of these things will be taken care of in a timely manner. Chemlawn is taking care of all the weeds. FRIDLEY CITY COUNCIL MEETING MINUTES OF JUNE 5, 2000_ PAGE 14 Mayor Jorgenson stated that she has the survey. She asked Mr. Shorma if there were vines on that particular property. Mr. Shorma stated that there were some vines. He asked the Islamic Center when they were going to take care of the problems and for the last ten years they have not. Mr. Guiga stated that he has been taking caze of the maintenance starting this year. They rent the place from the Islamic Center, who is also responsible. He is the vice principal and will take care of this solution. There is nothing that they have promised lately that they did not do. _ _ Mr. Shorma stated that he called years ago. Nobody ever went out to see the condition from his property. He maintained the property up to the basketball court for years. 'That has been used as a brush pile for years. The whole east azea has been neglected from day one. Mayor Jorgenson stated that she agreed that it has probably not been maintained, but the Islamic Center has given its word, contracted with Totino-Grace for mowing, contracted with a service to come in and clear up the weeds. She thought they were showing that their intention is to be a good neighbor. If the special use permit passes, it would give Council more clout to be able to revoke that permit. Temporary trailers are used at a number of businesses throughout the City. Mr. Shorma stated that years of complaining have had no effect whatsoever. He would like to see the special use permit enforced. Councilmember Wolfe stated that if it was his yard he personally would like to see some vines kept there. Mr. Shorma stated that the only thing that would be behind his place would be weeds or brush because there are no trees. � - Mr. Jeremiah Paulson, 1345 Gardena Avenue, stated that he lives with his grandmother, Ms. Ardella Foco. He asked what the conditional permits are for the school currently. He said he knew there are people at the school that are not from the school but use it as a civic center type of situation very late at night. At 2:00 a.m. there are people in the auditorium and people playing basketball. Mayor Jorgenson asked Mr. Guiga if the facility is rented to people other than the church or school. Mr. Guiga stated that there are some teenagers that use the facility late at night instead of being on the street. Mayor Jorgenson asked if it was like a drop-in center. FRIDLEY CITY COUNCIL MEETING MINUTES OF JUNE 5, 2000 PAGE 15 Mr. Guiga stated that there are about ten kids who use it late at night. Councilmember Bolkcom asked if it was kids from the Islamic Center. Mr. Guiga stated that was conect. Councilmember Wolfe asked if they were there that late at night. Mr. Guiga stated that the limit is 11:00 p.m. Mayor Jorgenson'asked if the janitor closes the school. NIr. Guiga stated that the janitor closes the school. Mayor Jorgenson asked if they have the ability to close the gates. Mr. Guiga stated that they do have the ability to close the gates. Mayor Jorgenson stated that during the summer months when the facility is not being used, it is important to have that gate closed. That would prohibit people from using the facility inappropriately. She asked if there was any security lighting on the back of the building wall. Mr. Guiga stated that there is lighting, and they will be putting more in on the whole west side of the building. Mayor Jorgenson stated that they may want to have the Police Department help to try to discourage people from using it inappropriately. Mr. Guiga stated that they asked them to ticket anyone parking there late at night. Mayor Jorgenson stated that a meeting will be held soon with the Community Development Department and the Police Department to address traffic and parking in that area. Mr. Paulson stated that the age group he sees playing basketball are not school-age. If someone is using the facility after hours, maybe they can contact Mr. Kais Guiga. Mayor Jorgenson stated that a telephone call to the police would be appropriate because they do have a point of contact where they can reach the right individual. Mr. Don Moore, 5821 Arthur Street, stated that this is a disaster. The people driving to the school stop in the middle of the road and open all four car doors to allow kids to exit the vehicle. There were 43 cars stuffed in the Islamic Center parking lot on this past Sunday and 29 cars on the street. He asked if the the square footage for this property is appropriate for the number of people per square foot. 0 FRIDLEY CITY COUNCIL MEETING MINUTES OF JUNE 5, 2000 PAGE 16 NIr. Hickok stated that, based on the formulas, this school has the required number of spaces per square foot. Mayor Jorgenson stated that the parking is there, but it is a question of getting people to use the parking that is available. Mr. Moore stated that Totino-Grace is receiving permits all the time. He did not feel the residents could drive up and down Arthur Street anymore. He said at 1:30 p.m. to 2:00 p.m. when school is out, he does not even want to come home. He stays away for 45 minutes while people leaving the school honk horns and throw garbage out of their __ vehicles. He does not want a trailer house there. Mayor Jorgenson stated that she and Councilmember Wolfe live in that area. They see that the traffic is bad. They have to drive on Hackmann Avenue by the Holiday Stationstore in order to get out of their driveways. Mr. Moore stated that in the morning he has to go out through New Brighton over by Minar Ford. Councilmember Wolfe stated the temporary building will not increase the amount of cars because the students do not drive. Mr. Moore stated that this is also how Totino-Grace started out. He felt they were in the same predicament. Mr. Moore stated that he does not think thirty parking stalls are enough for a school. Mayor Jorgenson asked Mr. Knaak if specific criteria under the special use permit includes traffic as a consideration to make a decision. Mr. Knaak stated that all safety and health issues including traffic are. issues that Council can consider when reviewing an application. Mayor Jorgenson asked if cross-parking between two facilities is sufficient to handle the parking situation. Mr. Knaak stated that the fact that Council has considered it, and the fact that it has been presented and issues have been raised and addressed by staff, is sufficient. If it looks like a new facility or you have no reason to know or understand how the traffic pattern would be, then the usual traffic study with an engineer can be conducted. If something were demanded in an instance where it is not normally required, it may be reviewed as arbitrary. If the traffic increases significantly enough, yes, Council could require a study. Councilmember Bolkcom asked if you have to prove if they are coming from one place or the other. A lot of the issues are related to Totino-Grace with tr�c and parking. FRIDLEY CITY COUNCIL MEETING MINUTES OF JUNE 5. 2000 PAGE 17 Mr. Knaak stated that you are allowed to use your own judgement, observations, and common sense when dealing with facts before you in an application like this. If staff has observed that traffic is largely generated by something else you, could take that into account. Mayor Jorgenson asked Mr. Flora, Public Works Director, if there are any recent traffic counts in that area. Mr. Flora stated that there were not. Mayor Jorgenson asked if he received the numbers from of citations that would be issued when using a speed board. Mr. Flora stated that he is not sure if the numbers of the speed board are recorded. Mr. Guiga stated that he does not believe the traffic problem is mainly caused by his center because none of the teachers have any problem pazking. Ms. Barb Anderson, 5871 Arthur Street, stated that she was concerned about the health, welfare, and safety of the students of the school. There is quite a bit of traffic when the children are getting dropped off. She sees numerous cars u-turning right at Totino-Grace and coming back to drop off their students. Her oldest son told her that he almost hit someone running across the street. The daycare center they are using is deteriorating and is bringing down the property values of the surrounding homes. Councilmember Barnette stated that the daycare facility is only being used for the children of the teachers. He asked if there has been a request for a daycare facility at the house. Mr. Hickok stated that the school will be processing a special use permit for a daycare facility. • Mayor Jorgenson stated that the conditions of the licensing agreement with the State of Minnesota would address the conditions of the property. Mr. Guiga stated that it just had a brand new roof put on. They also have plans for landscaping there also. Mr. Charlie Olson, 5926 Oakwood Manor, stated that the debris is not something the center has addressed. He has a videotape of the trees being cut down June 10, 1996. The trees laid there for almost three years. The trees were piled up on the basketball court and discarded. Last summer a tree service spoke with them about removing those trees. There was always a statement made in talking with Mr. or Ms. Zaheer, the former Chairman of the Center, that the trees would be cleaned up. Mr. Qureshi, Islamic Center, has promised action regarding the east end, which also has not happened. FRIDLEY CITY COUNCIL MEETING MINUTES OF JUNE 5. 2000 PAGE 18 Mr. Olson stated that he was frustrated that he was not contacted even though he was included in the survey. He said there was no follow-through with what they have said, and it is hard to trust someone after all these years. There are a lot of Canadian thistles and raspberry vines on the east side. There has never been any maintenance program. Mayor Jorgenson asked if the trees and the brush piled up in the videotape are the conditions that exist at this time. Mr. Olson stated that they have been cleaned up, but the time frame for the clean-up was three years minimum. He asked what the reference was for City enforcement. __ Councilmember Barnette stated that he believes it was ten days, then another ten days, and then the City would do it. At that time, there would be an administrative charge. Councilmember Bolkcom stated that it seems to her that the City has not received many telephone calls regarding this matter. The Code Enforcement Officer could work with the property owner regazding the things that are going on and suggest ways to clean-up the property. Mayor Jorgenson stated that people can call any councilmember. Mr. Guiga stated that in the survey they just concentrated on the issue of the vines. He plans to be in contact with the individuals who were not contacted. Mr. Olson stated that the double pazking is an on-going habit as far as parking in front of the school. His concern is with the safety of the children. Councilmember Bolkcom stated that the school is interested in changing the fact that there has been deferred maintenance for some time. Trust has to be developed here with the Islamic Center, the residents and the City Council. Residents can call any of the Councilmembers to talk. Mr. Guiga said that he wants to improve the property. Council would like everyone to work together to achieve that goal. Councilmember Wolfe stated that citizens should not be afraid to call the Code Enforcement Officer or Council members. Ms. Olga Palmer, 1329 Gardena Avenue, stated that 202 people signed the petition that she helped draw up. The petition stated that no expansion should be allowed. At 11:45 a.m. Sunday, she was going to New Market and used her cellular telephone. The school does not abide by the yellow "no parking" signs. She called 911 to ask the police to ticket the inappropriately parked cars, but nothing happened. If the City Council can honestly put this through without considering the traffic, all current Councilmembers should not be reelected. Mayor Jorgenson asked NIr. Flora about the parking on Sunday. FRIDLEY CITY COUNCIL MEETING MINUTES OF JUNE 5. 2000 PAGE 19 Mr. Flora stated that the City did not paint the curbs. On north Gardena Avenue, there is limited parking Monday through Friday, but it does not apply on Sunday. Mayor Jorgenson stated that if the police department were called on Sunday, no tickets would be issued. Ms. Palmer asked why a three-year time period would be allowed to allow them time to design a drop-off site for children to safely disembark from school buses. She asked if someone directing traffic could be there, so they could unload vehicles on the south side of traffic because vehicles from Totino-Grace are already pazked there. __ Mayor Jorgenson stated that they will be addressing the issue of traffic in the neighborhood. She said that parking on the street will be discussed soon with the Islamic Center and Totino-Grace high school. Ms. Joan Glasper, 1324 Hillcrest Drive, stated that they live north of the property. The noise coming from the facility is an issue for her and her husband. She said that there is a lot of noises on Saturdays and Sundays all day. She said children from the school run down into the woods, even into her yard and sometimes they are not being supervised. She would like her privacy protected. Mayor Jorgenson asked if this was problem was only on weekends. Ms. Glasper stated that she works during the day and is not aware of the noise Monday through Friday during the day; however, she does r.otice it on Saturdays and Sundays. Councilmember Bolkcom asked if the weekend issues were more with the church because the school is closed then. Mr. Guiga stated that school is only open Monday through Friday. Recess is from 11:30 a.m. until 12:00 noon and the students are supposed to stay in the soccer field by the school. Sunday there is a Sunday school in the morning. He does not honestly know where the noise is coming from. He would like someone to call him when they hear this noise. Councilmember Bolkcom asked what would be the best way to get ahold of him. Mr. Guiga stated that he is at the school five days per week at. The Principal is available 24 hours per day on his cell phone at. Mayor Jorgenson asked if there was an answering machine at the school. Mr. Guiga stated that there is voice mail. Ms. Michelle Hatten, 5955 Benjamin Street, stated that the traffic problem is produced by people driving by. The people going to the center are wearing the traditional garbs and FRIDLEY CITY COUNCIL MEETING MINUTES OF JUNE 5, 2000 PAGE_20 are not going to Totino-Grace. They stop right in the middle of the road, making it hard for traffic to flow through. This problem needs to be addressed immediately, not in the three-year time frame set by the permit. Councilmember Bolkcom asked why this was set at three years. Mr. Hickok stated that in order to do the planning properly, the City felt this had to be done with the capital improvements of the building. It would be very expensive to do curb, gutter, and asphalt in the short-term three-year solution. They felt that part of it was balanced against an elementary school that has been there since the early 1960's. The __ hard surface improvement needs to be planned along with the footprint expansion. Councilmember Bolkcom stated that the principal could work with the families stopping in the road to let their children out. They could work with the public safety staff on a solution. Maybe they could also work with a couple from the neighborhood with the issues they have. Mayor Jorgenson stated that she agreed that correspondence is needed to the parents to let them know that the expectations of the school would be that the children would be dropped off on the north side of the street in front of the school, rather than stopping in the middle of the street on the south side. Mr. Hussein Qateeva, Principal of the school, stated that he is glad that the neighbors are as concerned as the school is about safety. After he talked with Mr. Sallman, Public Safety Director, they now have a short-term plan to have selected parents and older kids to be trained by Sergeant Mike Morrissey for safety patrol. He said he has had many of the same frustrations with the school as the neighbors. What happened before the school started, was that it was only a weekend Islamic Center, and operations were maintained under a part-time basis. There has been a lack of coordination, but now they can see the results of Brother Kais and Brother Kareen working together. Hopefully, this will not happen again because there are better systems set up. . Mayor Jorgenson asked if was possible to put up some school crossing signs there. Mr. Flora stated that they could put those up, but part of the problem is the high school students. Councilmember Wolfe stated that there still is not a drop-off area. Councilmember Barnette stated that there is a problem with cars going to the east. There is parking allowed on the south side of Gardena Avenue, so those cars are already parked. Parents going east may be letting their children off in the middle of the street because of all the cars that are already parked there. Making a U-turn on Arthur Street is another problem. FRIDLEY CITY COUNCIL MEETING MINUTES OF JUNE 5. 2000 PAGE 21 Councilmember Bolkcom stated that they could work closely with Sergeant Morrissey on these issues. Councilmember Barnette asked if neighbors bused their children when the previous school was there. Ms. Mary Schogren, 524 Dover Street, stated that when the other center had their school, they had a bus or two. Now there aze 15 to 40 cars letting off children in the middle of the street. Ms. Hatten asked�how they could guarantee that this is going to get results even if they do not put that building in. The safety of children is worth putting in $1,000 worth of asphalt for a new pazking area. Mayor Jorgenson stated they would need to look at this when the structure comes up for renewal in three years. If this special use permit does not work, the neighborhood will have opportunities to come forward and speak on these issues. Councilmember Bolkcom asked Mr. Hickok if the stipulation of future expansion beyond the temporary classrooms could be rewritten to state that it has to be addressed in three years. Mr. Hickok stated that it could. Councilm�mber Bolkcom stated that it could be reworded to include a specific date in three years for whoever does look at this then and realize that they will have to have a permanent drop-off site. Mr. Hickok stated that he likes having the three-year stipulation. The school has a three- year lease on the building and needs to know what they are going to do in three years. By saying three years, the hazd surface improvement will be planned again along with the overall improvement of the site. Mr. McAfee asked why they could not enter from Matterhorn Drive to Arthur Street on the south side of Gardena Avenue, and from Gardena Avenue go to Arthur Street on the north side of Gardena Avenue to eliminate parking. Many Totino-Grace people pazk in their parking lot. Councilmember Barnette stated that the trouble is that the parking also applies to the residents. Mayor Jorgenson stated that what has been suggested is that there be a time limit for parking on both sides of the street. Any vehicles left there over three hours could be ticketed. That would help address the issue of parking. Mr. McAfee stated that the garbage in the back of the school is upsetting. FRIDLEY CITY COUNCIL MEETING MINUTES OF NNE 5, 2000 PAGE 22 Mayar Jorgenson stated that the City needs to be notified of that situation. The Code Enforcement Office is not able to drive by the site every day. Mr. Burns stated that they need help with notification of the parking problems, too. Councilmember Wolfe asked if they could simplify the parking problem on Gazdena Avenue if they had no parking in a single area by the entrance and exit of Totino-Grace High School or if there could be a drop-off center directly across from the Islamic Center. Councilmember Bolkcom stated that the police need to be involved to look at all the __ different issues in'volved. MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 10:20 P.M. MOTION by Councilmember Wolfe to approve Special Use Permit, SP #00-05. Seconded by Councilmember Bolkcom. MOTION by Councilmember Wolfe to add Stipulation No. 9 as follows: The Islamic Center shall maintain the property in accordance with all City Code requirements. The site shall be reviewed o� an annual basis to ensure compliance. Mayor Jorgenson stated that instead of saying annual basis they could say as needed. MOTION by Councilmember Wolfe to amend Stipulation No. 9 to read as follows: The Islamic Center shall maintain the property in accordance with all City Code requirements. The site shall be reviewed on an annual basis or as needed to ensure compliance. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok stated that Stipulation No. 7 could be changed to: All future expansion (beyond the temporary classrooms) shall be predicated on the completion of the City approved, off-road student drop-off area on the school campus. Mayor Jorgenson asked if Stipulation No. 6 could be amended to include the installation. Mr. Knaak stated that if the intent is to insure construction it would be simple enough to redraft Stipulation No. 6 to say that an off-road student drop-off shall be completed and approved by the City and leave Stipulation No. 7 there. FRIDLEY CITY COUNCIL MEETING MINUTES OF JUNE 5, 2000 PAGE 23 MOTION by Councilmember Bolkcom to amend Stipulation No. 6 as follows: An off- road student drop-off shall be completed and approved by the City by June 1, 2003. Seconded by Councilmember Wolfe. UPON A VOICE VOTE ON THE MAIN, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY WITH THE FOLLOWING STIPULATIONS: 1) ALL NECESSARY PERMITS SHALL BE OBTAINED FROM THE CITY PRIOR TO CONSTRUCTION, 2) SPECIAL USE PERMIT SHALL BE FOR A THREE (3) YEAR PERIOD; 3) BUILDING SHALL BE LOCATED IN ACCORDANCE WITH THE SITE PLAN DATED __ MARCH 17, 2000, BY HAKANSON ANDERSON ASSOCIATION, INC.; 4) ALL NECESSARY PROTECTION DEVICES SHALL BE P120VIDED TO PROTECT CHILDREN AROUND THE RETAINING WALL ON THE NORTHEAST CORNER OF THE BUILDING; 5) THE ISLAMIC CENTER SHALL FILE A SPECIAL USE PERMIT APPLICATION FOR A DAYCARE CENTER IN A RESIDENTIAL DISTRICT IF THEY INTENT TO UTILIZE THE HOME AT 1413 GARDENA AVENUE IN THAT MANNER; 6) A PLAN FOR OFF-ROAD STUDENT DROP-OFF SHALL BE COMPLETED AND APPROVED BY THE CITY BY NNE 1, 2003; 7) ALL FUTURE EXPANSION (BEYOND THE TEMPORARY CLASSROOMS) SHALL BE PREDICATED ON THE COMPLETION OF THE CITY-APPROVED OFF-ROAD STUDENT DROP-OFF AREA ON THE SCHOOL CAMPUS; 8) THE EXISTING PARKING LOT SHALL BE STRIPED TO IDENTIFY THE THIRTY STALLS THAT HAVE BEEN IDENTIFIED BY THE SCHOOL; 9) THE ISLAMIC CENTER SHALL MAINTAIN THE PROPERTY IN ACCORDANCE WITH ALL CITY CODE REQUIREMENTS. THE SITE SHALL BE REVIEWED ON AN ANNUAL BASIS OR AS NEEDED TO ENSURE COMPLIANCE. OLD BUSINESS: 16. RESOLUTION NO. 47-2000 APPROVING A LOT CONSOLIDATION, LC #00-03, TO CONSOLIDATE TWO INDIVIDUAL PARCELS, GENERALLY LOCATED AT 1413 GARDENA AVENUE N.E. BY KAIS GUIGA, ISLAMIC CENTER OF MINNESOTA) (TABLED MAY 8, 2000) (WARD 2): MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED. Mr. Hickok, Planning Coordinator, stated that this was the legislative act request to consolidate the residential parcel into the larger campus to allow the temporary classrooms to straddle the property line and consolidate the campus. u FRIDLEY CITY COUNCIL MEETING MINUTES OF JUNE 5, 2000 PAGE 24 MOTION by Councilmember Wolfe to approve Lot Consolidation, LC #00-03 with stipulations. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY WITH THE FOLLOWING STIPULATIONS: 1) A LOT COMBINATION FORM SHALL BE FILED WITH ANOKA COUNTY UPON APPROVAL BY THE CITY COUNCIL; AND 2) APPROVAL OF SPECIAL USE PERMIT, SP #00-05. 17. FIRST READING OF AN ORDINANCE FOR A ZONING TEXT __ AMENDIi�IENT, ZTA #00-01. BY THE CITY OF FRIDLEY, INTENDED TO MINIMIZE LOSS OF URBAN FOREST BY REQUIRING TREE PRESERVATION PLANS AS PART OF SUBDIVISION APPLICATIONS (TABLED MAY 22, 2000): MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok, Planning Coordinator, stated that to summarize this, it is tree for tree up to trees. The ordinance says that in the case of a subdivision, you would replace the significant trees in the buildable azea on a tree per tree basis up to three trees per lot. This was tabled because Councilmember Billings asked to have the buildable area defined. Councilmember Billings stated that he did not really ask to have anything added, he asked for clarification of the definition. Mr. Hickok stated that request resulted in clarification and the addition of buildable azea definition. Buildable area is defined as the portion of a lot or site, exclusive of required setbacks, within which a structure may be built. The second question asked is for clarification of whether or not the tree replacement requirements apply to additional construction additions after the initial structure is built. The result is that staff analyzed that it is not in this ordinance to actively monitor a future subdivision. The language was changed to indicate that at the time of construction, the principal structure residents would have to replace up to three trees. Replacement requirements are one for one to a maximum of three trees. Mr. Hickok stated that the new language is in the subdivision section of the code in Chapter 211 requiring a majority vote. Councilmember Billings asked Mr. Hickok if this ordinance would still provide that as long as the trees were not within what is now defined as the buildable area, residents could remove any number of trees without any implications of replanting. If one tree FRIDLEY CITY COUNCIL MEETING MINUTES OF JUNE 5, 2000 PAGE 25 remained in the buildable area, residents could clearcut the rest of the property, and the ordinance would not be violated. Mr. Hickok stated that was correct. Councilmember Barnette asked how someone would know which lot would be the buildable area. This is a lot of administrative information putting a burden on staff and individuals. He thought residents would plant trees but probably would not clearcut. Councilmember Bolkcom stated that because of previous situations, she thought this was __ actually helping tlie whole process. There has been the same stipulation in the past about trees. Mr. Hickok stated that this takes things back to the Benjamin StreetlGardena Avenue discussion. The City informally protects the trees on the lot. Councilmember Bolkcom wanted staff to look specifically at formalizing the practice already in place. Mr. Burns, City Manager, stated that trees are inspected and marked in an informal process. He asked if this language was taking away that informal process and forcing residents to focus only on the buildable area. Mr. Hickok stated that staff looked at ordinances around the metropolitan area and determined what would be provisional. He liked this process and thought staff did a good job of protecting trees. Putting this in ordinance form, staff was very specific and clear. They concluded that they needed to determine the number of trees to be replaced. Putt�ng it into ordinance form was pinning down exactly what trees they are talking about in a buildable lot. MOTION by Councilmember Bolkcom to waive the reading and approve the ordinance on first reading. Seconded by Mayor Jorgenson. Councilmember Billings stated that the intent of this is well placed, but the process currently in place has worked in most cases. He does not know if they can put something down on paper to accomplish the primary goal they want to accomplish. He is fearful of attaching something that specifies what they have to do is going to potentially hinder them from looking at each situation individually. He said he was unable to support this ordinance. Councilmember Barnette stated that he has great respect for Councilmember Bolkcom and respect for the environment, but he felt this ordinance would be a hindrance. Councilmember Bolkcom stated that there are not that many lots that could be subdivided. She was trying to prevent issues where a neighbor could say that a lot is going to be subdivided, and all the trees were going to be clearcut. Mayor Jorgenson asked for a vote on the main motion. FRIDLEY CITY COUNCIL MEETING MINUTES OF JUNE 5, 2000 PAGE 26 UPON A VOICE VOTE, MAYOR JORGENSON, COUNCILMEMBER BOLKCOM VOTING AYE, COUNCILMEMBER-AT-LARGE BARNETTE COUNCILMEMBER BILLINGS, AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR JORGENSON DECLARED THE MOTION FAILED BY A TWO TO THREE VOTE. NEW BUSINESS: 18. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 2 OF THE FRIDLEY CITY CHARTER (VACANCIES IN THE COUNCIL): Mayor Jorgenson stated that the public hearing was held on May 22, 2000. MOTION by Councilmember Barnette to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 19. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 5 OF THE FRIDLEY CITY CHARTER (INITIATIVE, REFERENDUM AND RECALL): Mayor Jorgenson stated that a member of the Charter Commission was present to answer any questions about the amendments to Chapter 5. Mr. William Holm, Charter Commission member, stated that Chapter 5, as pointed out by Councilmember Billings, had a number of typographical errors, which have been corrected. The main issue had to with a paragraph where they substituted "any" ordinance rather than "such an". They did not intend to change the meaning, only to clarify the language. . Councilmember Billings stated that he was sure that after the last meeting, he was confident in the final format. Councilmember Barnette stated that he wanted to acknowledge the Charter Commission in their efforts. Council is very appreciative of their efforts. MOTION by Councilmember Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING MINUTES OF JUNE 5, 2000 PAGE 27 20. INFORMAL STATUS REPORTS: Mr. Burns stated that the City newsletter has a new format including information about Fridley `49er Days activities. Mayor Jorgenson stated that `49er Days aze June 14-18. Most activities will be centered around Columbia Arena. If you need additional information call the Fridley information line at 763-572-3600 ext. #349. Button sales will be conducted by the Southern Anoka County Chamber of Commerce, Miss Fridley Scholarship Pageant, and the Fridley Park and Recreation office. Carnival ride tickets can be purchased at the Municipal Center and SuperAmerica gas stations. Councilmember Bolkcom asked when the meeting for street improvements was going to be. Councilmember Wolfe stated that the meeting would be Monday, June 12 for the Woody Lane, Hillcrest Drive area in the lower level meeting room at 7:00 p.m. Councilmember Barnette is conducting a live telephone program on Tuesday, June 6, and would like to talk with citizens. ADJOURN: MOTION by Councilmember Bolkcom to adjourn the meeting. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE JUNE 5, 2000, CITY COUNCIL MEETING ADJOURNED AT 10:50 A.M. Respectfully submitted, Signe L. Johnson Nancy J. Jorgenson Recording Secretary Mayor . � t CRY OF FRIDLEY To: From: Date: Re: � AGENDA ITEM CITY COUNCIL MEETING OF JUNE 26, 2000 William W. Burns, City Manager A1�� n�' � Sara S: Hill, Human Resources Director �' t'` June 6, 2000 � � Council Salary Ordinance Attached is an ordinance to increase Council salaries by 3 percent (3%) for the year 2001 and subsequent years. Staff recommends Council's approv�l of the second and final reading of this ordinance. , Thank you for your attention to this matter. Attachment r L 0 ORDINANCE NO. AN ORDINANCE RECODIFYING TI� FRIDLEY CITY CODE BY AMENDING APPENDIX F TO PROVIDE FOR TI� ADJUSTMENT OF SALARIFrS FOR TI� MAYOR AND COUNCILMEMBERS IN ACCORDANCE WITH SECTION 2.07 OF TI� CHARTER OF THE CITY OF FRIDLEY The City Council of the City of Fridley does hereby ordain as follows: The annual salaries for the Mayor and Councilmembers during 2001 and subsequent years shall be as follows: Mayor Councilmember-at-Large Councilmember, Ward I $9,085.00 $7,462.00 $6,597.00 Councilmember, Ward II $6,�7.00 Councilmember, Ward III $6,597.00 In addition, the Mayor and Councilmembers shall be entitled to the same benefits enjoyed by full-time authorized employees of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF JUNE, 2000. ATTEST: DEBRA A. SKOGEN - CITY CLERK First Reading: June 5, 2000 Second Reading: June 26, 2000 ' Publication: � NANCY J. JORGENSON - MAYOR � AGENDA ITEM CITY COUNCIL MEETING OF JUNE 26, 2000 CRY OF FRIDLEY To: William W. Burns��� From: Richard Pribyl, Finance Director Debra Skogen, City Clerk Date: June 19, 2000 Re: Second Reading Proposed Amendment to Section 2.06 of the City Charter The Charter Commission proposed an amendment by ordinance to Chapter 2 of the City Charter and recommended it to the City Council. As required by Minnesota State Statutes, a public hearing notice was published and the hearing �v�s held on May 22, 2000. On June 5, 2000, the City Council unanimously approved the first re�ling of the ordinance. The ordinance must receive a second reading and be approved unanimously by the City Council. If approved, the ordinance would become effective 90 days after adoption. Staff recommends holding the second reading on the proposed ordinance amendment to Chapter 2 of the City Charter. 3 Attachment 1 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2 OF THE FRIDLEY CITY CHARTER The City Council of the City of Fridley does hereby ordain as follows: That the following sections of the Fridley City Charter be amended as follows: Section 2.06 VACANCIES IN THE COUNCIL 1. A vacancy in the council shall be deemed to exist in case of the failure of any elected person elected thereto to qualify on or before the date of the second regular meeting of the new council, or by reason of the death, resignation, removal from office, ', , continuous absence from the City for more than three (3) months, or conviction of a felony of any such person whether before or after their qualification; or bvi ceasine to be a resident of the citv or the ward from which elected. , . In each such case, within thirty (30) days the council shall by resolution declare a vacancy to exist. - ��� PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2000. ATTEST: Debra A. Skogen, City Clerk Public Hearing: May 22, 2000 First Reading: June 5, 2000 Second Reading: Publication: 0 Nancy J. Jorgenson, Mayor : AGENDA ITEM CITY COUNCIL MEETING OF JUNE 26, 2000 CRY OF FRIDLEY To: William W. Burns ��� V From: Richard Pribyl, Finance Director Debra Skogen, City Clerk Date: June 19, 2000 Re: Second Reading of Proposed Ordinance Amending Chapter 5 of the City Charter Pertaining to Initiative, Referendum and Recall The Charter Commission proposed an amendment by ordinance and recommended it to the City Council. As required by Minnesota State Statutes, a public hearing notice was published and the public hearing was held on May 22, 2000. On Ju�+e 5, 2000, the City Council unanimously approved the first reading of the ordinance. The ordinance must receive a second reading and be adopted unanimously by the City Council. If approved, the ordinance would become effective 90 days after adoption. • Staff recommends holding the second reading on the proposed ordinance amending the City Charter. . � Page 2 Attachment 1 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5 OF TI� FRIDLEY CITY CHARTER The City Council of the City of Fridley does hereby ordain as follows: That the following sections of the Fridley City Charter be amended as follows: CHAPTER 5. INITIATIVE, REFERENDLJM AND RECALL Section 5.01. POWERS RESERVED BY TI� PEOPLE. The people of the City of Fridley reserve to themselves the power, in accordance with the provisions of this Charter, to initiate and adopt any ordinance, except an ordinance appropriating money or authorizing the levy of taxes; to require sasl� � ordinance when passed by the Council to be refened to the electorate for approval or disapproval; and to recall elected public officials.� These powers shall be called the initiative, the referendum, and the recall, respectively. (Ref. Ord. 857) Section 5.02. EXPENDITiJRES BY PETITIONERS. No member of any initiative, referendum, or recall committee, no circulator of a signature paper, and no signer of any such paper, or any other person, sha�,accept or offer any reward, pecuniary or otherwise, for service rendered in connection with the circuration thereof, but this shall not prevent the committee from paying for legal advice and from incurring an expense not to exceed $200 for stationery, copying, printing, and notaries' fees. A sworn statement substantiating such expenses shall be turned over to the City Clerk within five (5) days following the filing of a sufficient petition. Any violation of the provisions of this Section is a misdemeanor. Any violation of this Section shall be reported by the City Clerk to the proper authorities for prosecution under State Statutes applying thereto. (Ref. Ord. 625) Section 5.03. FURTHER REGULATIONS. A lawful petition under this Charter may be submitted se�€ec�, signed and circulated upon an ordinance to be initiated, or upon an ordinance to be made the subject of a referendum a� or on a proceeding for recall upon the grounds authorized by law and required by the Constitution of the State of Minnesota�,�Reasons stated in the proposed petition ee� are to be stated and noted in the petition itself. A petition for any other purpose may be made in accordance with procedures established by this Charter or under provisions of law as may be elsewhere provided. (Ref. Ord. 625) 2. A petition under this Charter shall be filed in the office of the City Clerk as one (1) instrument, which instrument shall contain any � required documents (appropriate to the petitionl, a copy of any ordinance proposed, covered or affected, �e�ke�-�es�ex� and all the signature papers and affida.vits attached in support of the same. � Ordinance No. Page 3 3. A petition may be signed by any registered voter. A petition can be circulated and verified only by a registered voter who has signed the same. All the signatures on any petition need not be on one (1) signature paper. The circulator of e�e}-� each r�oup of signature papers shall be verified as the circulator of the same by attached affidavit which states that each signature was signed in the circulator's presence and is of the person that the same puiports to be and that each signer was affirmed as a registered voter at the residence sta.ted thereon. Any paper lacking such affidavit or verified by an affidavit false and untrue is insuffcient and void of effect. (Ref. Ord. 625, Ord. 857) Y. - � • • S �• •. - -��' - - � 4. The insufficiency or irregularity of a petition shall not prejudice the filing of any new petition for the same purpose, nor shall it prevent the Council from referring any ordinance proposed to the electorate at the next regular or special election, or otherwise acting favorably upon the same. (Ref. Ord. 625) . -. � 5. The Council may provide by ordinance such fiuther regulations for the initiative, referendum, and recall not inconsistent with this Charter as it deems necessary. (Ref. Ord. 625) 6. The City Clerk, upon receipt of documented information that any signature on any petition paper has been falsely attested to, shall promptly forward such information to the proper authority for prosecution under State Statutes applying thereto. (Ref. Ord. 625) INITIATIVE Section 5.04. INITIATION OF MEASURES. Any five (5) registered voters may form �3se�es-��e a committee for the initiation of any ordinance e�se� as provided in Section 5.03.01. Before circulating any petition t�e3� the committee shall file a� copy of � the proposed ordinance with the City Clerk �eget�e� alon� with t�e� the names and addresses as of inembers of s�s� said committee. � The committee shall �se attach a verified copy of the proposed ordinance to each of the signature papers herein described, � a1on� with their names and addresses as sponsors thereof. A verified copy of the proposed ordinance shall be a copv to which the City Clerk affixes the words: "Proposed Ordinance on File. Fridlev Citv Clerk: Date: ." (Ref. Ord. 857) Section 5.05. FORM OF PETITION AND OF SIGNATURE PAPERS. 7 Ordinance No. Page 4 The completed petition for the adoption of any ordinance not vet in effect shall consist of the ordinance, together with all the signature papers and af�davits thereto attached. Such petition shall not be complete unless signed by at least ten percent (10%) of the total number of registered voters as of January 1 st of that year. Each signature paper shall be in substantially the following form: INITIATIVE PETITION Proposing an ordinance to .........(stating the purpose of the ordinance), a copy of which ordinance is hereto attached. This ordinance is sponsored by the following committee of registered voters: Nan1e ; (Please'Print) ' Addtess (Please Print} ; _ 1. 2. - 3. 4. � 5. The undersigned registered voters, understanding the ternis and the nature of the ordinance hereto attached, petition the Council for its adoption, or, in lieu thereof, for its submission to the electorate for their approval. At the end of t�e�� each group of signatures papers shall be appended the affidavit of the circulator mentioned a�ie�e in Section 5.03.03. (Ref. Ord. 625, Ord. 857) Section 5.06. FII,ING OF PETITIONS AND ACTION TT�REON. Within five (5) days after the filing of the completed petirion, the City Clerk shall ascertain by examination the number of signatures appended thereto and whether this number is at least ten percent (10%) of the total number of registered voters, as of January lst of that year. If the City Clerk finds the petition insufficient or irregular, the City Clerk shall at once notify one (1) or more of the committee of sponsors of that fact, se�g s� the reasons for the insufficiency or irregularity. The committee sha11 then be given thirty (30) days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregulaz, the petition shall be filed in the City Clerk's office and no further action shall be taken. The City Clerk shall notify each member of the committee of that fact. (Ref. Ord. 625, Ord. 857) C� Ordinance No. Section 5.07. ACTION OF TT� COLTNCIL ON PETITIONS. Page 5 When the completed petition is found to be sufficient, the City Clerk shall se-se� transmit the initiative petition to the Council at its next meeting, stating the number of petitioners and the percentage of the total number of registered voters which they constitute, and the Council shall at once read the ordinance and refer it to an appropriate committee, which may be a committee of the whole. The committee or Council shall thereupon provide for public hearings upon the ordinance, after the holding of which the ordinance sha11 be finally acted upon by the Council not later than sixty-five (65) days after the date upon which it was submitted to the Council by the City Clerk. If the Council fails to pass the proposed ordinance, or passes it in a form different from that set forth in the perition and unsatisfactory to the petitioner, the proposed ordinance shall be submitted by the �� Council to the electorate at the next regular municipal election; but if the number of signers of the petition is equal to at least fifteen.percent (15%) of the total number of registered voters, the Council shall call a special elecrion upon the measure. Such special election shall be held not less than � (�} forty-nine 49) nor more than six 60 days from the date of final action on the ordinance by the Council or after the expiration of sixty-five (65) days from the date of submission to the Council when there has been no final action; but if a regular election is to occur within three (3) months, the Council may submit the ordinance at that election. If the Council passes the proposed ordinance with amendments and at least four-fifths (4/5) of the committee of petitioners do not express their dissatisfaction with such amended form by a statement filed with the City Clerk within ten (10) days of the passage thereof by the Council, the ordinance need not be submitted to the electorate. (Ref. Ord. 857) �� Section 5.08. IlvITIATIVE BALLOTS. The ballots used when voting upon such proposed ordinance shall state the substance of the ordinance and shall give the electorate the opportunity to vote either "Yes" or "No" on the question of adoption. If a majority of those voting on any such ordinance vote in favor of it, it shall thereupon become an ordinance of the City. Any number of proposed ordinances may be voted upon at the same election but the voter shall be allowed to vote for or against each separately. In the case of inconsistency between two (2) or more initiative ordinances approved by the voters, the ordinances shall not go into effect until the City Council has had sixty (60) days to resolve the inconsistencies. (Ref. Ord. 625, Ord. 857) Section 5.09. IlvITIATION OF CHARTER AMENDMENTS. The ways to initiate amendments to this Charter are set forth in Minnesota Statutes. (Ref. Ord. 857, Ord. 914.) - REFERENDUM Section 5.10. THE REFERENDLJM. If prior to the date when an ordinance takes effect a petition signed by at least fifteen per cent (15%) of the total number of registered voters as of January 1 st of that year request that any such ordinance be repealed or be submitted to a vote of the electors, the ordinance sha11 thereby be prevented from going into operation. 9 Ordinance Na Page 6 � . , . , > > . (Ref.Ord.857) Section 5.11. REFERENDUM PETITIONS. ' , . Anv five (51 re�istered voters mav form a committee for the purpose of petitioning for a referendum as provided in Section 5.03.01. Before circulating any.netition, the committee shall file a copv of the proposed referendum petition and a cop,v of the ordinance proposed to be repealed with the Citv Clerk along with the names and addresses of inembers of said committee. The committee shall attach a verified copy of the referendum and the ordinance to be repealed to each of the si�nature pauers herein described, alon� with their names and addresses as sponsors thereof. A verified copv of the ordinance proposed to be repealed to the referendum shall be a copv to which the citv clerk has affixed the words: "Proposed Ordinance on File. Frid1eY Cl Clerk Date ." A referendum petition shall read as follows: � REFERENDUM PETITTON Proposing the repeal of an ordinance to (stating the purpose of the ordinance), a copy of which ordinance is hereto attached. The proposed repeal is sponsored by the following committee of registered voters: 'Name (Please Print) Addt'ess'' (PieasePrint) ; l. 2. 3. 4. 5. The undersigned registered voters, understanding the nature of the ordinance hereto atta.ched and believing it to be detrimental to the welfare of the City, petition the Council for its submission to the electorate for their approval or disapproval. At the end of � each r�oup of si�natures napers shall be appended the affidavit of the circulator mentioned a�e�e in Section 5.03.03. (Ref. Ord. 625. Ord. 857� 10 Ordinance No. Section 5.12. FILING OF REFERENDLTM PETITIONS Page 7 Within five (5) davs after the filing of the completed referendum pedtion, the City Clerk shall ascertain bv examination the number of signatures appended thereto and whether this number is at least fifteen percent (15%) of the total number of re�istered voters, as of Januarv lst of that veaz. If the Citv Clerk finds the petition insufficient or irregular, the Citv Clerk shall at once notify one (1) or more of the committee of sponsors of that fact, stating the reasons for the insufficiencv or irre�ularitv. The committee shall then be g�ven thirtv (301 davs in which to file additional si�nature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be srill insufficient or irre�ulaz, the netition shall be filed in the CitY Clerk's office, no further action shall be taken, and the ordinance will become effective immediately or on the date specified. The Citv Clerk shall notifv each member of the committee of that fact. Section 5.13. REFERENDUM PETITIONS• SUSPENSION OF EFFECT OF ORDINANCE When a referendum petition is filed with the City Clerk, the ordinance sought to be reconsidered shall be suspended from takin� effect. Such suspension shall terminate when: 1. There is a final determination of insufficiencv of the petition: or 2. The petitioner's committee withdraws the petition; or 3. The council repeals the ordinance; or � 4. Upon seven davs after canvass of election is completed when a majoritv of those voting favors the ordinance. Section 514. ACTION OF TI-� COUNCIL ON REFERENDLJM PETITIONS If the referendum petition or amended referendum petition is found to be sufficient, the Citv Clerk shall transmit the referendum petition to the Council at the next reQUlar Council meeting. The Council shall thereupon reconsider the ordinance and either repeal it or bv ave and no vote re-affirm its adherence to the ordinance as passed. If the Council votes to reaffirm the ordinance, the Council shall immediatelv order a special election to be held thereon, not less than 49 iiavs nor more than 60 davs after such meeting, or submit the ordinance at the next regulaz municipal election. Section � 5.15. REFERENDUM BALLOTS. The ballots used in any referendum election shall conform to the rules laid down in Section 5.08 of this Charter for initiative ballots. RECALL Section 3�. 5.16. THE RECALL Any five (5) registered voters may form �e�sek=es�e a committee for the purpose of bringing about the recall of any elected officer of the City ' ' as provided in Section 5.03.01. 11 Ordinance No. Page 8 Before circulating anv petition, the committee shall-se�-file with the City Clerk �e�e-e€ a copv of a statement naming the elected officer whose removal is sought, a statement of the grounds for removal in not more than two hundred fifly (250) words, and their intention to bring about the recall with their names and addresses as members of said committee. The statement of �rounds for removal of the elected officer must identify malfeasance or nonfeasance of conduct in the officer's performance of official duties. Malfeasance constitutes an illegal or harmful act which an elected official should not perform in an official capacitv. Nonfeasance is the neglect or refusal to perform official duties. . The committee shall also attach a verified copv of said statement to each of the signature paners herein described, together with their �- names and addresses as suonsors thereof. A verified copv of said statement shall be a copy to which the citv clerk shall affix the following words: "Proposed Recall Statement on File. Fridley City Clerk (Attest): Date: .. (Ref. Ord. 625, Ord. 857) Section �4. 5.17 RECALL PETITIONS. The petition for the recall of any elected official shall consist of ��s�sa�e the � statement identical with that filed with the City Clerk together with all the signature papers and affidavits thereto attached. Such petition shall not be considered to be complete unless sigr, ied bY at least twentv five percent (25%1 of the total number of re�stered voters of the Ward or Citv represented bv the office holder as of Januarv lst of that year. Each s�gnature paper shall be in substantially the following form: RECALL PETITION Proposing the recall of . . . . . . . . . from office as . . . . . . . . which recall is sought for the reasons set forth in the attached statement se�e. This movement is sponsored by the following committee of registered voters: Name ' Address 1. 2. 3. 4. 5. The undersigned registered voters, understanding the nature of the charges against the officer�herein sought to be recalled, desire the holding of a recall election for that purpose. At the end of �e-�s� each g�oup of signatures papers sha11 be appended the affidavit of the circulator mentioned in Section �:8�:8� 5.03.03. (Ref. Ord. 625, Ord. 857) 12 Ordinance No. Section �-S. 5.18 FILING OF PETITION. Page 9 Within thiriy (30) days after the filing of the original pronosed petition s�e�s�e, the committee shall file the completed petition in the Office of the City Clerk. The City Clerk shall examine the petition within the next five (5) days, and if the City Clerk finds it irregular ���, or finds that the number of signers is less than twenty-five percent (25%) of the total number of registered voters of the Ward or City represented by the office holder as of January 1 of that year, the City Clerk shall so notify one (1) or more members of the committee advisin� the reasons for the insufficiency or irreQUlaritv. The committee shall then be given ten (10) days in which to file additional signature papers and to correct the petition in all other respects, but they may not change the statement of th� '� grounds upon which the recall is sought. If at the end of that time the City Clerk finds the petition still insufficient or irregular, all the members of the committee shall be notified to that effect and the petition shall be filed in the City Clerk's of�ce. No further action shall be taken thereon. (Ref. Ord. 857) . Section 3�. 5.19. RECALL ELECTION. If the petition or amended petition is found sufficient, the City Clerk shall transmit it to the Council without delay, and shall also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. The Council sha11 at its next meeting, by resolution, provide for the holding of a special recall election not less than..���83 fortv-nine (49Znor more than �i�a{�} six 60 days after such meeting, but if any other election is to occur within sixty (60) days after such meeting, the Council may in its discretion provide for the holding of the recall election at that time. Section �. 5.20. PROCEDURE AT RECALL ELECTION. The Clerk shall include with the published notice of the election the statement of the grounds for the recall and also, in not more than five hundred (500) words, the answer of the elected officer concerned in justification of fi�e-se�se his/her conduct in office. Candidates to succeed the o�cer to be recalled shall be nominated in the usual way, and the election shall be conducted, as far as possible, in accordance with the usual procedure in municipal elections. (Ref. Ord. 857) Section 3�8. 5.21. FORM OF RECALL BALLOT. Unless the officer whose removal is sought resigns within ten (10) days after the receipt by the Council of the completed recall petition, the form of the ballot at such election shall be: "Shall be recalled?", the name of the officer whose recall is sought being inserted in the bla.nk, and those voting sha11 be permitted to vote se�e�� "Yes" or "No" upon this question. �e , �� : e..��,,� , �e�: " ���e�te�e���se e€. . . . . . . . . . ., �€� a��� �.,,� . If a majority of those voting on the question of recall vote in favor of recall (a majori votin `g `Yes"l, the � officer shall be � promptiv removed from office. The Council shall then fill the vacancy for the unexpired term in accordance with the Citv Charter, Section 2.06. , 13 � Ordinance Na Page 10 . If a maioritv of those votinQ on the question of recall vote against recall (a majority voting "No"l, the officer shall continue in office with no further action required. If the officer sought to be recalled resigns within ten (10) days after the receipt by the Council of the completed recall petition, fi�e , , ����a�est�e� the Council shall declare the office vacant and shall then fill the vacancv for the unexpired term in accordance with the Citv Charter, Section 2.06. (Ref. Ord. 857) Section �3. 5.22. INSTRUCTIONS TO PETITIONERS. The City Clerk shall provide to every person circulating a petition for the initiation of an ordinance, for the initiation of Charter amendments, for a referendum, or for the recall of an elected official, written inshuctions delineating the correct and proper procedure for circulating the petition. The instructions provided will cleazly define falsification of a signature and false attestation of a signature and will cite those ordinances, laws, or statutes relating to such acts. (Ref. Ord. 625) PASSED AND ADOPTED BY TI-� CITY COUNCIL OF TI� CITY OF FRIDLEY THIS _ DAY OF , 2000 ATTEST: Debra A. Skogen, City Clerk Public Hearing: May 22, 2000 First Rea.ding: June 5, 2000 Second Reading: Publication: � � Nancy J. Jorgenson, Mayor � � GTY OF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF JUNE 5, 2000 William W. Burns, City Manager �� !�( John G. Flora, Public Works Director Jon H. Haukaas, Assistant Public Works Director June 5, 2000 Replacement of 400 LF of Watermain on Rice Creek Boulevard PW00-069 A 400-foot section of watermain on the east leg of Rice Creek Boulevard south of 69�' Avenue has had a history of water breaks averaging at least one per year for the last several years. This cast iron watermain is experiencing rapid deterioration to the acidic nature of the clay soils in the area. This project has been scheduled into the Capital Improvement Project maintenance budget for the year 2004. -� �, The 2000 CIP budgeted $100,000 for maintenance and repairs to the 3-million gallon reservoir at Commons Park. The low bid came in at under $25,000. We would like to use the surplus as an opportunity to move the Rice Creek Boulevard watermain project up to this yeaz. The estimated cost for this project is $60,000. Recommend the City Council approve the project and authorize advertisement for bids for the Rice Creek Boulevard East Watermain Replacement Project No. 334. JI�i/JGF:cz 15 � ` CffY OF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF JUNE 26, 2000 William W. Burns, City Manager�� � John G. Flora, Public Works Director Jon H. Haukaas, Assistant Public Works Director June 22, 2000 Metrocom Antenna Lease PW00- 079 We have received a request from Metrocom Inc. Delaware Corporation to install antennas and support equipment in our Highway 65 water tower facility. The lease is similar to other leases at the site providing $1,20�a month for setting up to three antennas arrays with up to three antennas in each array. Metrocom currently proposes to install 8 antennas. The agreement also provides for an additional $100 for each additional antenna plus $400 for each additional array to be established in the future. The lease also requires Metrocom t� construct a mezzanine platform in the base of the tower to place their equipment and, allows us to also utilize the base of the water tower for storage for our water and associated equipment. The tower would remain with the City upon their departure. Recommend that City Council authorize the execution of this agreement. JGF:cw 16 � f ClTY OF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF JUNE 26, 2000 William W. Burns, City Manager ��� John G. Flora, Public Works Director Jon H. I�aukaas, Assistant Public Works Director June 13, 2000 � Change Order No. 2 for Street Improvement Project l�o. ST. 2000-1 PW00-072 Change Order No. 2 is for the relocation of a hydrant on the Symphony Street cul-de-sac. The cost for this relocation is $5,400.00. Barbara Tangren, 7368 Symphony Street, requested the City move a hydrant that had been next to her driveway. An agreement was reached with the Tangrens, they agreed to pay 50% of the relocation cost ($2,700.00) with the City paying the remaining 50%. Net cost of Change Order No. 2 is $5,400.00, for a revised contract amount of $675,106.80. Recommend the City Council approve Change Order No. 2 to W. B. Miller, Inc. to the Street Improvement Project No. ST. 2000-1. JHH/JGF:cw 17 � - CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 iINIVERSITY AVENUE N .E. FRIDLEY, MN 55432 0 � June 26, 2000 W. B. Miller, Inc. 6701 Norris Lake Rd Elk River, MN 55330 SUBJECT: Change Order No. 2, Street Improvement Project No. ST.2000-1 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the Street Improvement Project No. ST. 2000-1 by adding the following work: Addition: Item 1. Re-locate existing hydrant on Symphony cul-de-sac TOTAL CHANGE ORDERS: Quantity� Price Amount 1 lump sum $5400 $5400 TOTAL ADDITIONS ......... ... ... ... ... ...... $ 5,400.00 Original Contract Amount .................................................................. $658,507.00 Contract Additions-Change Order No. 1 $ 11,199.80 No. 2 $ 5,400.00 REVISED CONTRACT AMOUNT $675,106.80 � W. B. Miller, Inc. Page 2 Change Order #2 June 26, 2000 Submitted and approved by John G. Flora, Public Works Director, on the 26th of June, 2000. Prepared by Checked by Approved and accepted this Approved and accepted this John G. Flora, P.E. Director of Public Works day of � � ,2000 by W. B. Miller, Inc. Greg Holm, Project Coordinator day of ,2000 by CITY OF FRIDLEY Nancy J. Jorgenson, Mayor William W. Burns, City. Manager � � � � Q1Y OF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF JUNE 26, 2000 � William W. Burns, City Manager � John G. Flora, Public Works Director Jon H. Haukaas, Assistant Public Works Director June 26, 2000 2001 Street Improvement Project PW00-078 The attached resolution is to initiate the design and plan preparation for the proposed Moore Lake Hills Neighborhood Improvement No. 2001-1, which includes Woody Lane, Hillcrest Drive, Gardena Lane and Tennison Drive. �� The resolution orders the preparation of preliminary plans and specifications for the improvements as a result of the neighborhood meetings and Council's direction. This includes the upgrade of the asphalt berm streets within the area and repairs of the existing water, sanitary sewer and storm sewer systems. Recommend the City Council adopt the resolution so that the design work can be initiated for the Moore Lake Hills Neighborhood Improvement Project No. ST. 2001-1. JHH/JGF:cw Attachment 0 ! �"J � RESOLUTION NO. - 2000 RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF; MOORE LAKE HILLS NEIGHBORHOOD PROJECT NO. ST. 2001-1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley as follows: 1. That it appears in the interests of the City and of the property._ owners affected that there be constructed certain improvements to-wit: Street improvements, in.cluding grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, water and sanitary sewer service repairs, storm sewer system, landscaping, and other.facilities located as follows: Woody Lane - Central Avenue to Cul-de-sac Hillcrest Drive - Woody Lane to Central Avenue Gardena Lane - Woody Lane to Gardena Avenue Tennison Drive - Gardena Avenue to Cul-de-sac That the work involved in said improvements� listed above shall hereafter be designated as: MOORE LAKE HILLS NEIGHBORHOO� PROJECT ST. NO. 2001-1. 2. That the Public Works Director, John G. Flora, City of, Fridley, MN, is hereby authorized and directed to draw ihe preliminary plans and specifications and to tabulate the results of his estimates of the costs of said improvements, including expenses incurred (or to be incurred) in connection therewith, or the financing thereof, and to make a preliminary report of his findings stating therein whether said improvements are feasible and whether they can best be made as proposed, or in connection with some other improvements (and the estimated cost as recommended), including also a description of the lands or area as may receive benefits therefrom and as may be proposed to be assessed. 3. That said preliminary report of the Public Works Director shall be furnished to the City Council. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26TH OF JLJNE 2000. ATTEST: DEBRA A. SKOGEN - CITY CLERK NANCY J. JORGENSON - MAYOR 21 0 0 r � ClTY OF FRIDLEY TO: FROM: DATE: SUBJECT': AGENDA ITEM CITY COUNCIL MEETING OF JUNE 26, 2000 William W. Burns, City Manager �r � John G. Flora, Public Works Director Jon H. Haukaas, Assistant Public Works Director June 19, 2000 Trunk Highway 47 Ditch Improvement ST No. 2000-6 PW00-076 We received approval from MNDOT to obtain a permit for working in the right of way to install culvert in the Trunk Highway 47 ditches between Rice Creek and 83rd Avenue. As a means of completed the work this year, attached is a Resolution for the Council authorizing design and advertisement for bids and a second Resolution requesting Off System State Aid Funds for the project. � We propose to obtain the permit and award the contract. The City would purchase the necessary culvert material as a means of saving funds anci then have a contractor do the installation and the connecting man-holes and earth work, seeding and sodding for the project to be completed yet this fall. JGF:cw 22 RESOLUTION NO. - 2000 RESOLUTION AUTHORIZING ADVERTISII��NT FOR THE TRUNK HIGHWAY CORRIDOR IMPROVEMENT PROJECT NO. ST 2000-6 WHEREAS, Minnesota Department Transportation, MNDOT, grounds maintenance policy limits cutting of highway corridors to two times a year, and WHEREAS, the City of Fridley believes that the Highway 47 Corridor is a major thorou.ghfare to the City, and WHEREAS, the ditches along the TH47 Corridor north of Rice Creek have considerable wet growth, which is not conducive for an urban area, and . WHEREAS, the City Council desires to improve this section of corridor from Rice Creek north to 83rd Avenue with the placement of culvert and mowable earth swales, and WHEREAS, a permit to do this work is_available and will be provided by MNDOT, � � ���. NOW, THEREFORE, BE IT RESOLVED THAT, the Public Works Director is authorized to prepare plans and specifications to install culvert in the Unversity Avenue drainage ditch with appropriate drop man- holes and finished mowable swales heretofore to be called TH 47 Corridor Improvment Project No. St. 2000-6 and Be It Further Resolved by the City Council of the City of Fridley, that the Public Works Director is authorized to advertise the project for contract completion. � PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26th DAY OF JUNE, 2000. ATTEST: DEBRA A. SKOGEN - CITY CLERK NANCY J. JORGENSON - MAYOR 23 0 � � � . � CITY OF FRIDLEY TO: FROM: DATE: suBJECr: AGENDA ITEM CITY COUNCIL MEETING OF JUNE 26, 2000 William W. Burns, City Manager (�� � John G. Flora, Public Works Director Jon H. Haukaas, Assistant Public Works Director June 20, 2000 Trunk Highway 47 Ditch Improvement Funding Request PW00-077 In initiating the project to install a culvert into the Trunk Highway 47 ditch between Rice Creek and 83rd Avenue we are able to apply for Off System State Aid Funding. The attached resolution requests release of State Aid Funds for completing the prQposed improvement, ST. No. 2000-6. . �, Recommend the City Council approve the attached resolution requesting the use Off System State Aid Funds for the installation of a culvert on Trunk Highway 47. JGF:cw Attachment 24 RESOLUTION NO. - 2000 RESOLUTION REQUESTING OFF SYSTEM STATE AID FUNDS ST. NO. 2000-6 WHEREAS, Minnesota Department Transportation, MNDOT, policy is to maintain ground maintenance of Trunk Highway only two times a year, and WHEREAS, the City Council believes that the Trunk Highway 47 Corridor as it runs through the City, represents the City, and WHEREAS, the standing water, aquatic growth and weeds do not provide an appropriate appearance for the City, and _ WHEREAS, it is proposed to place culvert in the existing Trunk Highway 47 ditches between Rice Creek and 83rd Avenue and fill the ditches to a mowable slope, and WHEREAS, this work is being accomplished in the MNDOT right of way, NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Fridley, Anoka County, Minnesota, request Off System Municipal State Aid Fund (needs) approval from the State Aid Office for the Cities Improvement Project No. ST. 2000-6. PASSED AND ADOPTED BY THE CITY COUNCIL OF �iE CITY OF FRIDLEY THIS 26th DAY OF JUNE, 2000. � ATTEST: DEBRA A. SKOGEN - CITY CLERK NANCY J. JORGENSON - MAYOR 25 0 � � f CRY OF FRIDIEY AGENDA ITEM CITY COUNCIL MEETING OF JUNE 26, 2000 TO: The Honorable Mayor and City Council FROM: William W. Burns, City Manager �J'+� r DATE: SUBJECT: June 22, 2000 Project Impact � In order to expedite the contract with the Division of Emergency Management, we need to pass a resolution designating the Public Safety Director as the authorized signature for all related paper work. Once this step is completed, we are eligible for reimbursement for the expenses involved with Project Impact. � Staff recommends approval of the attached resolution. Attachment 26 RESOLUTION NO. - 2000 RESOLUTION AUTHORIZING EXECUTON OF AGREEMENT WHEREAS, Project Impact is a national disaster prevention initiative developed in partnership with states and the Federal Emergency Management Agency (FEMA) encouraging communities to asses their risks from natural hazards and to implement strategies and actions that will limit damage before disasters strike again; and WHEREAS, the State Division of Emergency Management (DEM) has expanded its partnership with ._ FEMA in an effort to prevent damage and loss of life caused by natural disasters to the City of Fridley and Washington County; and WHEREAS, the goal of the Fridley Project Impact Program is to create a disaster-resistant community and improve Fridley's community members' sa.fety and well-being by reducing deaths, injuries, property damage, environmental and other losses from natural or technological hazards through a joint public-private partnership. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Fridley authorizes the City to enter into a cooperative agreement with the Minnesota Department of Public Safety to receive FEMA funding in connection with Project Impact; and � � BE IT FURTHER RESOLVED, that the Director of Public Safety is hereby authorized to execute such agreements and amendments, as are necessary to implement the project on behalf of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26TH DAY OF JLTNE, 2000. ATTEST: Debra A. Skogen, City Clerk I certify that the above resolution was adopted by the Fridley City Council Signed: (Signature) Title: Date: Nar�cy J. Jorgenson, Mayor Witnessed: (Signature) Title: Date: 27 COMMUNITY DEVELOPMENT � DEPARTMENT DEVELOPMENT DIRECTOR Memorandum DATE: June 22, 2000 TO: .Wiliiam W. Burns, City Manager�� '�� � FROM: Barbara Dacy, Community Development Director SUBJECT: Resolution regarding NCDA Station Area Planning Process BACKGROUND On March 16, 2000, Councilpersons Billings and Bolkcom met with Tim Yantos, from the NCDA, about the station area planning process. The meeting was held at the request of Councilperson Bolkcom as a result of the February 29, 2000 information�l hearing conducted by the NCDA. Councilperson Bolkcom wanted to clarify what the "decisions" are for the City of Fridley regarding the proposed station area/park and ride site. During the course of the NCDA's hearing in February, several residents asked if the City had "approved" the proposed park and ride site in Fridley. While the City cannot 2pprove or disapprove the commuter rail project in its entirety, it can approve or disapprove whether a station area/park and ride site can be located within the City. Meanwhile, cities along the commuter rail route have received a letter from the Met Council and the NCDA requesting the cities to conduct a"station area planning" process, and ultimately to amend their comprehensive plans. The station area plans are suggested because the Federal Funding application to the Federal Transit Administration would be strengthened if it is shown that communities along the corridor are supportive of the project through its land use planning development policies. The more documentation to show that the communities support the project, the more likely it is that Federal funding will be provided. REQUEST Attached for Council adoption is a proposed resolution which states that the City will prepare a station area land use plan in collaboration with the NCDA and the Metropolitan Council. It also states that the cities "may" adopt said plans as part of its comprehensive plans. Staff recommends that the City adopt the resolution and establish a process to conduct station area planning. This process can then be used by the Council to determine if the City should in fact have a station area/park and ride site in the City. The resolution is merely a statement of intent to Met Council that the City intends to study the issue, it does not mandate approval. PROPOSED PROCESS It is suggested that Councilperson Bolkcom author a letter inviting the residents and the businesses to an informational "neighborhood meeting" to be held the first week of August, either Tuesday or Wednesday, the first or second (dates need to be confirmed with the : Council!!) The invitees would include all of the residents and businesses from Mississippi Street on the north to I-694 on the south, the Mississippi River on the west, and University Avenue on the east. It should be remembered that the station area plan means a geographic area/sphere of influence of not only the park and ride sites, but an area within one fourth to one half mile around the station (this is a well documented transit rule of thumb that pedestrians will walk up to a half mile to ride mass transit). It was also suggested that another location other than the Municipal Center be considered for the first meeting (location has not been determined as of yet). Next, the Planning Commission would conduct a public hearing at its regular meetings on August 16, 2000. Depending on the outcome of the Planning Commission meeting, the City Council would decide if it would have another public hearing at the end of August or at the first meeting in September. In preparation of the planning process, it was suggested that consultants and staff identify the range of community benefits that the Commuter Rail project brings to the City in general. Second, it was suggested that a list of "local" benefits to the immediate area be identified. For example, it may be good to compare the impacts to the neighborhood under the current zoning as opposed to what the park and ride site would mean. Third, it was suggested that the NCDA staff bring examples of park and ride sites in other Cities that could help allay concerns of the neighboring residents; specifically, information was requested about the impact on property values, noise, or other impacts that other communities have experienced, either positive or negative. A significant amount of work has to occur between NCDA staff consultant and City staff prior to the first meeting. First, all of the site plan issues should �e discussed and reviewed as soon as possible. Second, all of the typical impacts associated witF� the site plan need to be thoroughly researched and agreed upon between the NCDA and the City. Third, a strategy needs to be worked out as to how the issue regarding creating "supportive land uses should be presented". The NCDA consultant team is now analyzing all of the station areas and will be presenting their analysis to the Technical Advisory Committee members on July 12, 2000. Finally, the environmental review process will be occurring during the same time frame as the station plan process. It will be necessary to provide some of the information from the EIS, but at the same time clearly explain that the EIS is a separate process conducted by the NCDA. Finally, it may be necessary to establish a moratorium on development for properties proposed as the park and ride sites, in order to establish the proper zoning controls: - The strategy on this approach needs to be researched and reviewed with the City Attorney and the NCDA. CONSULTANT SERVICES The NCDA hired a land use and economic development consultant team to determine the land use opportunities and the economic benefits that the commuter rail project and its station areas may generate. IBI Inc. was hired in conjunction with Hoisington Koegler Group Inc. (Mark Koegler). IBI Inc. is a transportation consulting firm that specializes in mass transit systems and transit oriented station area design. They subcontracted with another marketing and economic development specialist to assist them with the economic analysis. The NCDA's contract includes some amount of services to each of the cities for station area planning services; however, in order to implement the extent of the process described above, the City would have to contract separately with Hoisington Koegler Group Inc. to complete the process. An estimate of $4,500 to $6,000 has been provided as of the writing of this memo. A further update or action on this issue will be scheduted for the July 10, 2000 Council meeting. 29 RECOMMENDATION Staff recommends the City Council adopt the resolution as presented. Staff will finalize the meeting dates with the appropriate persons and will schedule the consultant contract for action on July 10, 2000. ,� � RESOLUTION NO. - 2000 NORTHSTAR CORRIDOR STATION AREA LAND USE PLANS WHEREAS, the City of Fridley has submitted to the Metropolitan Council a comprehensive plan for review that references the city's involvement in the Northstar Corridor Development Authority for the development of commuter rail service between Minneapolis and St. Cloud, MN and the development of station locations with the Northstar Corridor; and WHEREAS, the Metropolitan Council will review the plan in accordance with the Metropolitan Land Planning Act (Minn. Stat. 473.864) for consistency with regional plans for transportation and other regional plans and policies; and ��� WHEREAS, the City of Fridley is a member of the Northstar Corridor Development Authority (NCDA), a governmental entity consisting of several counties, regional railroad authorities, cities, townships, established pursuant to a joint powers agreement to provide a mechanism for parties to jointly address commuter rail and other transportation improvements along the Northstar Corridor which encompasses the Trunk Highway 10/47 corrido� and the Bu�lington Northern Santa Fe mainline from St. Cloud area to Minneapolis. WHEREAS, the NCDA has completed a feasibility analysis on commuter rail in the Northstar Corridor and a major investment study, an environmental impact statement, conceptual and preliminary engineering and an advanced corridor plan is.presently being worked on; and , �, WHEREAS, the Metropolitan Council is working with the Northstar Corridor Development Authority and local governments in the Twin Cities region to promote transportation alternatives that link affordable housing, jobs and transit to sustain livable communities with a broader regional smart growth strategy and makes efficient use of land and transportation infrastructure; and WHEREAS, station area land use plans serve to maximize the benefits of federal, state regional and local transit investments by providing for compact development with mixed land uses that are designed to be pedestrian-friendly. NOW, THEREFORE, BE IT RESOLVED that the City will prepare a station-area land use plan in collaboration with the Northstar Corridor Development Authority and the Metropolitan Council that may be adopted as an amendment to the comprehensive plan in order to achieve land use development patterns that support commuter rail station investments. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26TH DAY OF JUNE, 2000. - ATTEST: DEBRA A. SKOGEN - CITY CLERK 31 NANCY J. JORGENSON - MAYOR � � CRY OF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF JUNE 26, 2000 The Honorable Mayor and City Council William W. Burns, City Manager�,�l� June 23, 2000 Waiver of Right-of-Way User Fee Late last week Dave Behlow called to request relief for Independent School District No. 13 from a right-of-way user fee. After looking into the matter I found that ISD #13 was about to be charged $4,200 for laying a fiber optic cable between Columbia Heights High School and North Pazk Elementary. � After reviewing the right-of-way management ordinance with Fritz Knaak, I found that the ordinance does indeed apply to this situation and that the only way to grant relief to the District was through passage of a motion to waive the fee for this school district. In view of the fact that the user fee requirement of our right-of way management ordinance was not intended to apply to school districts but rather to private organizations who make a profit by using the City right-of-way for their equipment, pipes, cables, poles, etc., I am recommending that Council waive the provisions of Chapter 407 that would require a right-of-way user fee from ISD #13 for connection of fiber optic cable between Columbia Heights High School and North Park Elementary School. At the same time, I am recommending that the provisions of Chapter 407 requiring the registration (including a$50 registration fee) of a right-of-way user be required of the District. I am also recommending that the District or contractor for the District be required to pay the $300 excavation fee required by Chapter 407 and abide by all other relevant portions of this ordinance. 32 � f arY oF FRIDLEY Name John Berg Ralph Messer Greg Kottsick AGENDA ITEM CITY COUNCIL MEETING OF JUNE 26, 2000 Position Assistant Chief for Operations Exempt Fire Marshall Non-exempt Sewer Supervisor Exempt Appointment Starting Salary $52,540.80 per year Starting Date Replaces June 27, New 2000 Position $21.82 � , June 27, New per hour 2000 Position $43,347.20 June 27, James per year 2000 Brindley 33 � : AGENDA ITEM COUNCIL MEETING OF JUNE 26, 2000 CRY OF FRIDLEY CLAIMS 937A�6 - 9A� � 36 34 .� � � CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JUNE 26, 2000 LICENSES Type of License BY TAXICAB AAA Taxicab ServicelThird Vehicle Solomon Charamo 2010 East Hennepin Avenue Suite 7-221 Minneapolis, MN 55413 PEDDLER/SOLICITOR - NON-PROFIT Fund for Public Interest Naomi Roth 29 Temple Place - Boston, MA 02111 � as ELECTRICAL Brandon Electric Inc 7701 Colfax Ave N Brooklyn Park MN 55444-2141 Huan Kim Bui Scandia Electric 17491 Olinda Trl N Marine MN 55047 Daniel Schmidt GAS SERVICES Efficient Air Control 15055 Hastings St Ham Lake MN 55304 �Iliam Sandager GENERAL CONTRACTOR-COMMERCIAL Commercial Building Services 24188 Manning Trl Scandia MN 55073 Tim Forslund Garlock French Roofing Corp 2309 Snelling Ave Minneapolis MN 55404 Karl Charipar Renovation Systems 2735 Cheshire Lane N Plymouth MN 55447 Mike Elzufon 35 Approved By Police Depa�tment Police Department Planning STATE OF MINN Same RON JULKOWSKI Building Official RON JULKOWSKI Building Official Same Same Fees $ 5.00 N/A � � Type of License B� Approved By GENERAL CONTRACTOR-COMMERCIAL (CONTINUED) Rite Way Waterproofing 448 Lilac St Lino Lakes MN 55014 Charlene Messerich Same Woodiand Industries 17593 Hwy 11 Greenbush MN 56726 Gerald Berg GENERAL CONTRACTOR-RESIDENTIAL Builder One The Home Doctor (9085) 12W35St Minneapolis MN 55408-4305 Bart Naessly Century Roofing (20093168) 6336 Lyndale Ave S Richfield MN 55423 Shelly Edwards Garlock French Roofing Corp (1423) 2301 E 25 St Minneapolis MN 55406 Dave Karel Jaskowiak Larry Construction (20066610) 14180 Dale St Becker MN 55308 Matt Jaskowia Lee Steven R Contractor (5758) 9465 Irving Ave N Brooklyn Park MN 55444 Pena Remodeling (20042067) 732 West Wind Rd Shakopee MN 55379-3238 Same STATE OF MINN Same Same ,� k Same Steven Lee Same Rene Pena Premier Home Enhancers (20063301) 9707 10 Ave N Plymouth MN 55441 Joyce Cizinsky Reliant Energy-Minnegasco (20169856) 800 LaSalle Ave Minneapolis MN 55402 Scott Harrington Westphal Roofing (3937) 686 141 Lane NW Andover MN 55304 HEATING Efficient Air Control 15055 Hastings St Ham Lake MN 55304 Same Same Same " Roger Westphal Same RON JULKOWSKI William Sandager Building Official � Fees Type of License PLUMBING ARE Plumbing 6139 172 Lane Ramsey MN 55303 Lakeland Piumbing 22070 Woodbine St NW Anoka MN 55303 Pipeworks Inc 680 Valhalla Dr Cedar MN 55011 �Y Approved By Michael Muska STATE OF MINN Jeff Boring Same Phil Sheppard Same 37 � Fees �-' T . � C(TY OF FRIDLEY ESTIMATES CITY COUNCIL MEETING OF JUNE 26, 2000 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432-4381 Services Rendered as City Prosecuting Attorney for the Month of March, 2000.... .................................... Ron Kassa Construction � 6005 — 250�' Street East Elko, MN 55020 Miscellaneous Concrete Curb and Gutter and Sidewalk Repair Project No. 330 EstimateNo. 3 ............................................................ W.B. Miller, Inc. 6701 Norris Lake Road Elk River, MN 55330 Street Improvement Project No. ST. 2000 —1 Estimate No. 1 .................. . . . ........................................................... K : $ 19,520.00 $ 5,957.97 $ 99,651.44 � AGENDA ITEM COUNCIL MEETING OF JUNE 26, 2000 CRY OF FRIDLEY APPOINTMENTS TO COMMISSIONS Appeals Commission Term Expires: 4/01 /03 Environmental Qual'ity and Energy Commission Term Expires: 4/01 /03 Term Expires: 4/01 /01 Human Resources Commission Term Expires: 4/01 /03 Cable Television Commission Term Expires: 4/01 /02 39 Y�� i .I � . 4 e ` AGENDA ITEM CITY COUNCIL MEETING OF JUNE 26, 2000 C7TY OF FRIDLEY INFORMAL ST'AT'US REPORTS ., , �