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06/05/2000 - 00008657THE 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 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 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: Reco�nition 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 Days RoyaltX 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 53RD 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 53rd Avenue water tower. It would provide for the construction of a separate monopole on the west side of the 53rd 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 FRIDLEY 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 are 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 NO. 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 73rd 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 ne�t 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 PHASE 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, staffrecommended 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 UNANIMOUSLY. 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 TEMPORARY 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 reinspected 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 meeting 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 7orgenson 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 ne�t few years. 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 e�tra space. They would not be increasing the population of the school much except for in the lower grades. Ne�t 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 parking 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 ne�t 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 correct. 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 Avenue 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. They 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 parking 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 7orgenson stated that the changes for parking will impact ne�t year's school year, 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 e�tra garbage 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 pretty 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 e�sts. 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 are 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 fle�bility 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 ne�t week The ne�t 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 7orgenson 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 care 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 area 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 7orgenson 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 correct. 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. Mr. 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 e�t 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. FRIDLEY CITY COUNCIL MEETING MINUTES OF JUNE 5, 2000 PAGE 16 Mr. 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 7orgenson 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 7orgenson 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 traffic 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 parking. 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 e�st 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 regarding 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 parking 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 Mr. 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 parked 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 notice 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 are 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 parking 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. Councilmember 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 hard 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 park 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 JUNE 5, 2000 PAGE 22 Mayor 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 Gardena 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 involved. 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 on 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) BUII,DING 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 PROVIDED 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 J[TNE 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. 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 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 (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 area 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 area 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 the whole process. There has been the same stipulation in the past about trees. Mr. Hickok stated that this takes things back to the Benjamin Street/Gardena 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. Putting 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 are 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 e�t. #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, 7une 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