Loading...
01/03/2000 - 00008610THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JANUARY 3, 2000 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:37 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor 7orgenson, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe, and Councilmember Bolkcom MEMBERS ABSENT: None STATEMENT OF MEETING CONDUCT: 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 individual expression, manner of speaking, and conduct. Therefore, please receive the views of other with the same degree of courtesy and respect 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. STATE LEGISLATIVE UPDATE: Senator Betzold stated that the legislators like to meet with Council prior to the legislative session to discuss any issues that may come up, and also to meet after the session is over to discuss what actually happened. The legislature will be having a session on February 1, 2000. This is the clean-up session for the bills that were not acted upon at the end of last session. Major issues will not be funding issues, although some adjustments may need to be made. The proposed surplus is really a projection as to what could be there at the end of the current biennial on June 30, 2001. Senator Betzold said that the legislature may be looking at approving funding for education, health care, and transportation. The bonding bill is probably the major issue. It is possible that tab fees on license plates may be reduced this year, but that is tied to major funding for highways. Rural legislators are quite concerned about lowering tab fees because the fees do go towards the roads and ninety percent of the roads are rural. There is likely to be some emphasis on sex offenders especially following the Katie Poirier case. There is a DWI Task Force making the DWI laws less complex statewide. Education is going to get some attention with the teacher shortage coming up. Fifteen percent of current teachers are going to be retiring within the ne�t five years. THE MINUTES OF THE JANUARY 3, 2000 MEETING PAGE 2 Senator Betzold indicated that he was not aware of too many local government issues that would be coming up at this time. Legislation was passed last year that sets a standard for bleachers and establishes some money into grants to help make bleachers safer. The Governor vetoed the funding, but the policy stayed in effect. They will have to go back and revisit the issue. Senator Betzold stated that he was working on strengthening animal cruelty laws, since Minnesota has some of the weakest laws in the nation. It stalled in the last house committee, so they are going to try to pass it this year. Senator Betzold indicated that he currently chairs the data privacy subcommittee in the Minnesota Senate. This is expected to be a big issue and would affect local government. Many laws were written in the era of paper and file cabinets. The law does not really address how to handle the electronic age and the Internet. The public wants more and more data through the Internet, but they are also recommending more privacy. The big debate will be the unicameral issue. He was not sure how it would play out, but the issue would be heard in committees in the House and the Senate this year. Councilmember Barnette asked if citizens would receive any rebate this year and if the rebate had already been determined. He asked how individuals should apply for the rebate. Senator Betzold stated that the law that is on the books about rebates is still being used. It sets a time period for people to file for their taxes and is based on people who filed in 1997 because that was the last full year of tax rebates they had. Some people fell through the cracks. Some people qualified but did not get their rebates for whatever reason. The new rebate has to be addressed as yet. (Senator Betzold thought the first priority would be to refund the people who missed the rebate last time and then see what the numbers look like.) Representative Alice Johnson stated that she thought two possible things might happen. There would have to be some way to deal with the excess revenue being directed by the State because of the economy. There could be a permanent tax cut, but then there would probably not be a rebate. This is one of the major decisions that needs to be made. Councilmember Barnette stated that there was an article in Star Tribune in November or December that indicated that people would receive another rebate in July of 2000. Representative Johnson stated that she did not think that was absolute. There are differences of opinions on certain topics such as the tab fees in the House and Senate. She was interested in finding out how many people would benefit before she makes her decision on the tab fees. The research she had done indicates that a larger percentage of the people in Anoka County would not benefit. More people in Anoka County drive older cars. For them to pay as much as someone who drives a newer car would not be beneficial to them. She thought maybe there could be a new survey about the different types of cars people drive to aid in the decision. Unicameral is another issue that she is certain would come up. The issue was whether it should go to the people or not and the people would let their legislators know how they felt. Senator Novak stated he heard that a significant tax cut has been proposed, but he did not know if it was a permanent cut or some form of rebate. The ne�t rebate was a projection, but they would still have to pass it in the ne�t couple of months. He expected that they would pass it. He said the House would come out with a major tax cut, and the Senate would end up matching the dollar figure to split between a rebate and two or three other tax items such as property tax and license THE MINUTES OF THE JANUARY 3, 2000 MEETING PAGE 3 tab fees. There was already $50,000,000 on the books for K-12 education. There are other issues floating around in health care with prescription drugs and senior health care programs. The permanent income tax cut went on the books last 7uly, and a couple of million taxpayers had their taxes adjusted on a permanent basis. He did not get one single telephone call, letter or e-mail. One month later the banks were so crowded with people with rebate checks. The public said they like the rebates. From a budgetary standpoint, the rebates are more manageable than a permanent rate cut because a rebate is one-time money going out. The rate cuts are permanent. The economy is so strong, and the revenues continue to come in. When you are looking at a two-year budget and the economy changes, the impact would be more severe because the cuts are on the book and the revenue side of the budget would already be set to be distributed. It was important to keep the decisions they make that tie their funding stable. Senator Novak indicated that there has been a lot of debate over utilities on deregulation, telecommunications, merging and competition. They are about two years into discussion on the possibility of deregulation, and the City has also had a good deal of interest in that issue. The legislature will continue to have hearings and interaction with organizations around the State. Mr. Burns asked Senator Novak if anyone was working on the impact of electronic trade and sales tax revenues and what that will do for future surpluses. Senator Novak stated that the answer was yes. The question was what and how to do it. It was a touchy subject. Electric commerce is something a lot of people have their hands on. It would be hard to increase the cost of doing business there. Representative Johnson stated that the topic has not been favorably received. As electronic commerce continues to grow, they will be forced to take a look at how much they rely on the present sales. Her own friends and family told her about their purchase of Gateway computers from other states. They had no idea that they were subject to the user tax that people should be paying. Last year the Department of Revenue had a piece of legislation that put a line on the income tax form for people to self-report on the use tax. This is a tax people are legally bound to and it has not been well received. Mayor Jorgenson stated that she wanted to remind the legislators that the people do not want to see a sales tax or a user fee put on other governmental units such as school districts or non-profit churches. Most of them are not aware that the City of Fridley has to pay a sales tax to the State of Minnesota for goods that they use. As long as there are e�tra sales tax revenues out there, one way to help alleviate some City budget problems would be to remove that sales tax from the City's budget. The levy limits are starting to have some dramatic effects on many of the northern suburbs, and it needed to be reviewed. She did not think that City government spending was way out of control or that the City could not be trusted by their legislators. Many out-state legislators do not trust the in-city folks. The legislators need to work on how to better communicate. Senator Betzold stated that he believed the levy limits might expire this year. Mayor Jorgenson stated that would happen unless they were e�tended. Senator Betzold stated that it happened before, but the Senate was trying to get rid of levy limits. THE MINUTES OF THE JANUARY 3, 2000 MEETING PAGE 4 Mayor Jorgenson stated that this year Council would be looking at an appointment to the Six Cities Watershed District. That has traditionally been a position for one of the City's staff members in a joint power agreement with five other cities. Due to some legislation last year, they are no longer able to appoint City staff but instead must appoint a citizen. Mr. John Flora, Director of Public Works, has just presented a budget for the Rice Creek Watershed District. This is an example on what citizen advisory groups can do to property taxes that would be levied against all of the City. Mr. Flora also reported on some projects that are specifically related to developers that are now going to be placed on an ad valorum tax that everybody in the Rice Creek Watershed District will have to pay. She felt the feedlot issue was of interest. If someone would choose to have a feedlot on their property in the northeast section of the Rice Creek Watershed District, she asked why everybody in Fridley should have to pay the ad valorum tax. There are several other issues related to that. These appointments to the Watershed Districts can have a direct effect on the budget of the City and the taxpayers. Mayor 7orgenson indicated that another issue is privacy rights for Minnesota driver's licenses and license plates. The State of Minnesota is currently selling the names of people that have new license plates. Many young women, unknowingly, are having their name, address, and date of birth given out because they are neglecting to sign the back of their license plate registration forms each year which indicates that they do not wish to have this information sold. Anoka County is also doing the same thing with people who are redoing their mortgages. This information is being sold to anyone who wants it. Sales people are calling and talking a lot to the senior citizens about a reverse mortgage on their home and trying to convince them to refinance. Senator Betzold stated that the legislature spent time on these issues. He said he it gets tricky because there are public records that people want to maintain. Title companies need access to those records in order to update the property abstracts. They authorized Washington County to make a decision to give citizens of Washington County the option of opting off of those lists. The individual lots should be able to be identified for property tax information. Thirty-four percent of people in Washington County stated that they wanted their name off of those lists. There is a pretty good chance that this will be expanded statewide. Representative Johnson stated that people have the choice of opting out of having their names sold, but they do not do it. Mayor Jorgenson stated that they have to fill out that section every year. It is in fine print on the back of the license registration, and most people do not see it. Senator Betzold stated that they encourage Council and residents of Fridley to contact their legislators. Legislators like to hear from people. Councilmember Barnette stated Representative Johnson indicated that she would be retiring. He would like to say thank you from all of the teachers, administrators and parents for all of her support throughout the years. She has been an outstanding spokesperson for education. The school district administrators of Fridley and Columbia Heights have always been able to call her, get a straight answer, and they usually got the results they wanted. Retirement is Representative Johnson's gain and their loss. Representative 7ohnson thanked Councilmember Barnette. THE MINUTES OF THE JANUARY 3, 2000 MEETING PAGE 5 Senator Betzold stated that he would come to another City Council meeting after the session is over. Representative Johnson stated that she planned to work in education again. She introduced a bill for increased funding. It seemed to her that with the surplus being projected there should be money to help alleviate very serious problems. APPROVAL OF MINUTES: Special City Council Meetin� of December 6, 1999 Mayor Jorgenson stated that she had a correction on page 4, in the fifth paragraph from the top. Councilmember Bolkcom should be credited with stating that the notices for the meetings were published in the paper on September 16 and October 7 rather than herself. She was specifically talking about the notification for the December 6 meeting. MOTION by Councilmember Barnette to approve the minutes as amended. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. RECEIVE THE PLANNING COMMISSION MINUTES OF DECEMBER 15, 1999: Mr. Burns, City Manager, explained that this was a motion to receive the Planning Commission meeting minutes of December 15, 1999. RECEIVED THE PLANNING COMMISSION MEETING MINUTES OF DECEMBER 15, 1999. 2. VARIANCE REQUEST, VAR #99-32, BY SHAMROCK INVESTMENTS III, LLC, TO ALLOW A SIGN TO BE PAINTED ON A BUILDING, GENERALLY LOCATED AT 7033 CENTRAL AVENUE N.E. (MURPHY WAREHOUSE) (WARD 2): Mr. Burns, City Manager, stated that this was a motion to approve a variance request by Shamrock Investments to allow a sign to be painted on the Murphy Warehouse building at 7033 Central Avenue. The owners of the new Murphy Warehouse on Central Avenue requested a variance for an existing painted sign on their new warehouse. The sign is a 360 square foot logo. Since the Zoning Code prohibits the painting of signs directly on buildings, a variance is needed. The Appeals Commission gave their unanimous approval to the variance at their December 8 meeting. Staff recommended Council's concurrence THE MINUTES OF THE JANUARY 3, 2000 MEETING PAGE 6 with the variance subject to the following stipulations: 1) Approval of the variance precludes the petitioner from installing an internally lit, freestanding pylon sign (this does not preclude the petitioner from a monument or directional signage); and 2) The petitioner shall maintain the sign in an attractive manner. APPROVED VARIANCE REQUEST, VAR #99-32. 3. APPROVE AMENDMENT TO THE COMPREHENSIVE SIGN PLAN FOR MENARD' S PLAZA, GENERALLY LOCATED AT 52� AVENUE AND CENTRAL AVENUE (WARD 1): Mr. Burns, City Manager, stated that this motion would reduce the minimum height of primary lettering from 12 feet to 8 feet. It would also restrict the height of secondary lettering to one-third the height of primary lettering (which may be as high as 28 feet). It restricts the area of secondary lettering to one-third the area covered by primary lettering. It allows the secondary lettering to be either red or black rather than only black Staff recommended Council's approval. APPROVED AMENDMENT TO THE COMPREHENSIVE SIGN PLAN FOR MENARD' S PLAZA. 4. RESOLUTION NO. 1-2000 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR FRIDLEY AMERICAN LEGION, POST 303 (7365 CENTRAL AVENUE N.E.) (WARD 2): Mr. Burns, City Manager, stated that this was a renewal application for a permit that would run from March 1, 2000 to February 28, 2001. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 1-2000. 5. RESOLUTION NO. 2-2000 DESIGNATING OFFICIAL DEPOSITORIES FOR THE CITY OF FRIDLEY: Mr. Burns, City Manager, stated that staff recommended the appointment of Norwest Bank of Minnesota, NA as the City's official depository for the year 2000. He indicated that staff believes the service the City receives has been very good and that the interest rate that the City is paid for its deposits is very competitive. Staffrecommended Council's approval. ADOPTED RESOLUTION NO. 2-2000. 6. RESOLUTION NO. 3-2000 DESIGNATING AN OFFICIAL NEWSPAPER FOR THE YEAR 2000: Mr. Burns, City Manager, stated that this is consideration of a resolution designating an official newspaper for the year 2000. The resolution names Focus News as the City's THE MINUTES OF THE JANUARY 3, 2000 MEETING PAGE 7 official newspaper for the year 2000. It also designates the Star Tribune as the City's second official newspaper. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 3-2000. 7. RESOLUTION NO. 4-2000 IMPOSING LOAD LIMITSON PUBLIC STREETS IN THE CITY OF FRIDLEY, MINNESOTA: Mr. Burns, City Manager, stated that this was consideration of a resolution imposing load limits on public streets in the City of Fridley. The resolution establishes a ma�mum weight of nine tons per a�e for all City streets between March 3, 2000 and May 15, 2000. It also establishes a ma�mum weight of four tons per a�e during the same time period for certain City streets. Staffrecommended Council's approval. ADOPTED RESOLUTION NO. 4-2000. 8. RESOLUTION NO. 5-2000 DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY: Mr. Burns, City Manager, stated that the attached resolution designates the City's Public Works Director as the City's representative to the Suburban Rate Authority. It also designates our Assistant Public Works Director as the alternate representative to the Suburban Rate Authority. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 5-2000. 9. APPROVE 2000 GIS RANGE RIDER CONTRACT WITH PLANSIGHT, LLC: Mr. Burns, City Manager, stated that the contract with P1anSight continues the Geographic Information Services that Fridley has been contracting out jointly with Columbia Heights and Andover. These services consist of on-site technical assistance with various GIS applications requested by the participating cities. Under this contract, Fridley and Andover are to receive 82 hours of on-site service each month. Columbia Heights would receive 54 hours of on-site service. Fridley's cost of the contract is $24,666.67. The total contract cost for the three cities is $65,533.34. This represents a 3.4 percent hourly increase over the hourly rate for 1999. Staff recommended Council's approval. APPROVED 2000 GIS RANGE RIDER CONTRACT WITH PLANSIGHT, LLC. 10. MOTION TO AMEND THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 22, 1999: Mr. Burns, City Manager, stated that this was consideration of a motion to amend the minutes of the Fridley City Council meeting of November 22, 1999. The motion would correct a sentence in the meeting minutes from Council's meeting on November 22, 1999. The sentence incorrectly portrays citizen survey results as they were described by Bill Morris of Decision Resources, Ltd. Staff recommended approval of the correction. THE MINUTES OF THE JANUARY 3, 2000 MEETING PAGE 8 APPROVE THE MOTION TO AMEND THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 22, 1999. THE MINUTES OF THE JANUARY 3, 2000 MEETING PAGE 9 11. APPOINTMENTS: CITY EMPLOYEES: Mr. Burns, City Manager, stated that staff recommended the appointment of four police officers. The four appointees are replacements for two retiring officers, a third officer who left for the private sector, and the new school resources officer that was provided for in the 2000 budget. Barry Pankonin graduated from South Dakota State University with a BS in Agriculture. He has been a member of the South Dakota National Guard since 1994. Mr. Pankonin has also been a security officer at Mankato State University since 1998. Andy Knutson graduated from Minneapolis Community College with an Associate of Science Degree in Law Enforcement. He has been a part-time police officer for the City of Osseo since September 1999 and a Community Service Officer for the City of Columbia Heights since 1998. Jennifer Fetrow graduated from St. Cloud State University with an Associate of Arts in 1996. Ms. Fetrow was a Law Enforcement Explorer for the Fridley Police Department from 1994 to 1999. Ms. Fetrow was also St. Cloud State University Patrol Sergeant, from September, 1996 to May, 1999. Andrew 7ohnson graduated from North Hennepin Community College with an Associate of Science in Law Enforcement in 1998. He has been a Community Service Officer for the City of Fridley since 1998. Mr. Johnson was a member of the Police Reserve for the City of Brooklyn Park from 1997 to 1999. If approved tonight, the four new officers would begin work on January 18, 2000. Staff recommended Council's approval. APPOINTED BARRY PANKONIN, ANDY KNUTSON, JENNIFER FETROW, AND ANDREW JOHNSON AS POLICE OFFICERS. 12. CLAIMS: APPROVED PAYMENT OF CLAIM NUMBERS 90948 THROUGH 91204. 13. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS OF FILE IN THE LICENSE CLERK' S OFFICE. 14. ESTIMATES: APPROVED ESTIMATES AS FOLLOWS: Frederick W. Knaak, Esq. Holstad and Knaak, P.L.C. 3535 Vadnais Center Drive THE MINUTES OF THE JANUARY 3, 2000 MEETING PAGE 10 St. Paul, MN 55110 Services Rendered as City Attorney for the Month of December 1999 $ 5,000.00 ADOPTION OF AGENDA: MOTION made by Councilmember Billings to reverse item numbers 15 and 16 in the agenda. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY MOTION by Councilmember Bolkcom to adopt the agenda as amended. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Mayor Jorgenson invited members of the public to come forward to address any items not on the agenda. No persons in the audience came forward. NEW BUSINESS: 16. VARIANCE REQUEST, VAR #99-33, BY BRIAN BONA, TO REDUCE THE REQUIRED SETBACK OF RESIDENTIAL PROPERTY FROM 50 FEET TO 25 FEET, GENERALLY LOCATED AT 5333 UNIVERSITY AVENUE N.E. (WARD 2): Mr. Hickok, Planning Coordinator, stated that this was a request for a variance at 5333 University Avenue by Brian Bona. Mr. Bona was seeking a variance to reduce the setback from neighboring residential properties from the code required 50 feet to 25 feet in order to construct an automobile service station. The site is located south of I-694 along the east side of University Avenue just before the on ramp to I-694. Mr. Hickok stated that the summary of hardship by Mr. Bona states "the e�tra five feet along 84 feet on the east side of the building is needed to accommodate equipment and parts space. By expanding to the east, parking and drive aisles will not be impacted as they would be if the expansion went to the north or west." Mr. Hickok stated that at their December 22, the Appeals Commission meeting recommended approval of the request with stipulations. Staff has no recommendation on the request due to the fact that it is within previously granted dimensions. In 1994, a variance for 5311 University Avenue, the neighboring property was allowed to reduce the setback from residential from 50 feet to 19 feet. In 1987 there was a reduction from 50 feet to 11 feet at 6501 East River Road. Staff THE MINUTES OF THE JANUARY 3, 2000 MEETING PAGE 11 recommended that if the variance is granted, that the Appeals Commission at their December 22 meeting, the same stipulations that were attached to VAR #99-19 previously granted be included with this request, with the exception of the first stipulation reading as follows: 1) The permit shall repeal and replace Variance #99-19. MOTION by Councilmember Billings to approve the Variance Request, VAR #99-33, by Brian Bona with the following stipulations: 1) This permit shall repeal and replace Variance VAR #99- 19; 2) All necessary permits shall be obtained prior to the start of construction; 3) All grading and drainage plans to be approved by City staff prior to the issuance of building permits; 4) A landscaping plan meeting all code requirements, plus an additional six large (4 inch caliper) trees to compensate for trees removed from the ROW by the petitioner, shall be approved by City staff prior to the issuance of a building permit. Bonding requirement, to ensure the installation of landscaping, shall be met as required by City Code; 5) No outdoor storage or displays to be permitted on this site; 6) Site shall not be used to display to be permitted on this site; 7) Alleyway east of property shall be restored and paved prior to the issuance of building permits; 8) To ensure adequate circulation for fire, police, and snow plows, petitioner shall dedicate a street easement and connect re-established alleyway to the University Avenue Service Road. Final design and layout to be approved by City staff; 9) All fencing to be located entirely upon petitioners own property; 10) Any lighting on the east side of the building shall be downcast and shielded to minimize impact on neighboring residential area; 11) The number of overhead doors facing University Avenue shall be limited to the e�tent possible. West elevation of building shall be approved by staff prior to the issuance of building permits. Overhead doors facing University shall have their impacts mitigated through architectural treatment, such as recessed openings, full glass doors, and landscaping; 12) Parking area to be screened from the ROW by a combination of berms and continuous plantings of at least three feet in height; 13) Code required five feet sidewalk easement shall be granted along the entire west edge of the property; 14) Petitioner comply with all County, State and Federal regulations, regarding disposal of fluids, batteries, and other materials. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. VARIANCE REQUEST, VAR #99-31, BY MAUI, INC. (SPIKERS GRILLE & BEACH CLUB), TO REDUCE THE PARKING DRIVE AISLE FROM 25 FEET TO 22.5 FEET, TO REDUCE THE PARKING SETBACK FROM THE REAR LOT LINE FROM 5 FEET TO 3 FEET, TO REDUCE THE PARKING STALL SIZE FROM 10 X 20 FEET TO 9 X 18 FEET, TO ALLOW THE EXPANSION OF THE PARKING AREA, GENERALLY LOCATED AT 1200 OSBORNE ROAD N.E. (WARD 2): Mayor Jorgenson stated that it was her understanding that the petitioner requested to have this item tabled to allow time to further explore possibilities. MOTION by Councilmember Billings to receive the letter from Maui, Inc. (Spikers Grille & Beach Club). Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. THE MINUTES OF THE JANUARY 3, 2000 MEETING PAGE 12 Councilmember Billings asked Mr. Knaak, City Attorney, if the si�ty-day rule requires them to take some kind of action within the si�ty days or grant an e�tension of up to another si�ty days with some type of action by the Council. He asked if Council should table it for thirty days to work out exactly what they want to do in terms of setting a time frame. Mr. Knaak stated that as a practical matter, if there is a waiving of the time limit on the part of an applicant, he believed the law is clear that the applicant would be stopped from asserting the non- existence of the waiver. There was no clearly enunciated judicial interpretation on that point. The better course of action would be to take an affirmative step which would require an e�tension of time based on the request of the applicant and that e�tension of time be given as required by the statute in writing to the applicant. If there was an intention to grant a continuation of time the best way to do that under the usual operation of the statute would be for the City to grant that and state its reason for doing so in writing. Councilmember Billings asked Mr. Hickok when the si�ty days runs out. Mr. Hickok stated it would run out at the end of the month. Councilmember Billings stated that if a motion was made to table this until the first meeting in March, they would be well within the si�ty days and send a letter to the applicant advising him of the si�ty-day e�tension and letting him know he needs to make some kind of action. The action would be to either request another e�tension within that si�ty days or to bring something forward. Mr. Knaak stated that was his understanding also. Councilmember Wolfe asked Councilmember Billings if he wanted to table it until March 6. Councilmember Billings stated that he agreed. It would keep them within the confines of the State Statute and place themselves in the situation that the petitioner was not granted their variances because of inaction on their part, even though they are responding to their direct action. MOTION by Councilmember Wolfe to table this item until March 6 and send a letter to Maui, Inc. (Spikers Grille & Beach Club) stating that VAR #99-31 is tabled until March 6 per their request. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked if the petitioner could come back before March 6 and ask for reconsideration. Mr. Hickok stated that was correct. At that point, they may suggest they withdraw their request to give themselves the time they need and start fresh. Councilmember Bolkcom stated that there are still some issues. Maybe the petitioner could agree with them to work on the things that are still outstanding including removing the railroad ties from the parking lot. THE MINUTES OF THE JANUARY 3, 2000 MEETING PAGE 13 Mayor Jorgenson asked Mr. Hickok what this has to do with the temporary permit that staff gave them for the volleyball courts. Mr. Hickok stated that was a trial basis to see how it worked last year. The owners and staff agreed that it was not a successful venture. STATE LEGISLATIVE UPDATE CONTINUATION: Mayor Jorgenson stated that Representative Satveer Chaudhary was present to address the legislative update. Representative Chaudhary stated that he apologized for his tardiness. He wished the City Council a Happy New Year and the best of luck in the coming term. He said a short session was coming up and that it would be fun filled as usual with the tricameral government, a huge $1,600,000,000 budget surplus that they do not normally have in non-budget years as well as a bonding bill. Discussion will be whether or not to give the surplus back, use it for farmers, or buy medicine. He also hoped to hear from the Council on important issues. Mayor Jorgenson stated that one item of concern was the appointment to the Six Cities Watershed Management Organization. She contacted several other members of Minnesota cities about not appointing a staff member to the organization to allow more citizen input within the community. The City of Fridley advertised for an open position for the Six Cities Watershed Management Organization, and three people expressed an interest. Unfortunately, they do not reside within the watershed district, and the City has been unsuccessful in finding another citizen interested. Mr. Flora, Director of Public Works, presented a letter stating some of the Rice Creek Watershed District budget items that would have tax implications for the City of Fridley. These items are clearly defined by law to be that of the developer such as feedlot issues. This will need to be looked at because some of the people that get appointed do not have the legal expertise to make sure the people are getting taxed correctly. Representative Chaudhary stated that it was Representative Osmenz that was the one who offered the bill to prohibit city staff from being appointed to a watershed district. There are people who want to take away that prohibition. Mayor Jorgenson stated that she understood that this treads on the constitutionality issue of a staff member residing in the district, but because they are staff, they are prohibited from the position. She said she felt it needed to be looked at. She said it was very difficult for a City of Fridley's size to find a qualified candidate to step into that position and have the willingness and dedication to do so. Representative Chaudhary thanked Mayor 7orgenson for the information. He encouraged everyone to keep him abreast of all of the issues that may or may not affect the City directly. His office number is 651-296-4331. He said he would appreciate input from Council or the viewers at home. 17. CITY OF FRIDLEY 2000 CITY COUNCIL AND STAFF APPOINTMENTS: THE MINUTES OF THE JANUARY 3, 2000 MEETING PAGE 14 MOTION by Councilmember Barnette to approve the appointment of the City Council and staff for the City of Fridley for the year 2000 to the following Mayor Pro Tem, Anoka County Law Enforcement Council, Association of Metropolitan Municipalities, League of Minnesota cities, School District Nos. 13, 14, and 16, Northstar Corridor Development Authority, and North Metro Convention and Visitors Bureau. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR J ORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 18. RESOLUTION APPOINTING CITY OF FRIDLEY REPRESENTATIVES TO THE SIX CITIES WATERSHED MANAGEMENT ORGANIZATION: Councilmember Billings stated that this resolution was on the agenda because Mayor Jorgenson asked for it to be on the agenda and has directed staff to advertise a vacancy. Councilmember Billings said he is unsure of what Council should do. Mayor Jorgenson stated that it is her understanding from the legislation that was passed that they would no longer be able to appoint Mr. Flora to this particular position after January 1 of 2000. Under that legislation, the City must comply. Three persons expressed interest in being appointed to the Six Cities Watershed Management Organization, Councilmember Billings being one. He was the only one who applied that resides in the district. Representative Johnson concern was that there was not enough citizen involvement in activities that are ongoing with the City. She felt that it would be better served to have actual citizen advisors sitting as commissioners for this particular appointment. That is why he undertook this piece of legislation which passed the House and the Senate. Councilmember Billings stated that in reading the Joint Powers Agreement it says " The members of the organization shall not have a fixed term." He asked if this was a standing appointment. Mr. Flora stated that it is a standing appointment. Councilmember Billings stated that he does not read anything in the legislation that states that the current representatives need to be removed. It states that they cannot be appointed. Since Mr. Flora has been the appointed representative for several years, and they do not appoint representatives annually, Councilmember Billings did not see that there was a vacancy. Mayor Jorgenson stated that she disagreed because she believed each year an appointment has been made in the first week of January with a resolution appointing the City of Fridley representatives to the Watershed Organization. Mr. Knaak, City Attorney, stated that if this were to be disputed at some point, it may cause a problem for the City, but there are two perfectly legitimate ways to interpret this. Mr. Knaak said Councilmember Billings made a technical point with respect to the language. If there was a compelling reason why this could be construed as an annual appointment, the City could raise that argument, if necessary. He said it was not clear to him which interpretation is the correct one. Mayor Jorgenson asked what happens if there is not an appointment by the City of Fridley. THE MINUTES OF THE JANUARY 3, 2000 MEETING PAGE 15 Mr. Knaak stated that then they would have a vacancy. This would not prevent the Joint Powers Agreement from continuing to be in force. Councilmember Bolkcom asked if someone would have to resign to open the position. She also asked what the other five cities in the management organization were doing for this position. Mr. Flora stated that the other cities have taken the position much like Councilmember Billings has indicated. Since the appointments are made at the direction of Council, there are no vacancies, and there is no Council action being taken by those cities. Mayor 7orgenson asked why they would need to reaffirm the appointment each year. Mr. Flora stated that he thought she might be confusing this appointment with the Suburban Rate Authority. Councilmember Billings stated that he would ask that this item be tabled until the ne�t meeting so staff can research it. MOTION by Councilmember Billings to table the resolution appointing City of Fridley representatives to the Six Cities Watershed Management Organization. Seconded by Council- member Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 19. INFORMAL STATUS REPORTS: Councilmember Bolkcom stated that she wanted to thank all of the City employees who worked on the Y2K issue. Mr. Bill Champa, Management Assistant, especially worked really hard to keep abreast of any problems. Mr. Burns, City Manager, stated that Mr. Dave Sallman, Director of Public Safety, also worked really hard with year 2000 preparation. Councilmember Bolkcom stated that the Police Department will be ticketing anyone that parks on City streets from now until May 1, even if there is no snow during the period. This has been well published in the Focus News, the quarterly City newsletters and cable television. If anyone has any questions they can call the Municipal Center. Mr. Burns stated that parking on the street is not allowed between 2:00 a.m. to 6:00 a.m. ADJOURN: MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE JANUARY 3, 2000 CITY COUNCIL MEETING ADJOURNED AT 8:45 P.M. THE MINUTES OF THE JANUARY 3, 2000 MEETING PAGE 16 THE MINUTES OF THE JANUARY 3, 2000 MEETING PAGE 17 Respectfully submitted, Signe L. Johnson Nancy J. Jorgenson Recording Secretary Mayor