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06/09/2003 - 00025161MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 9, 2003 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:44 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe, and Councilmember Bolkcom. MEMBERS ABSENT: None. OTHERS PRESENT: William W. Burns, City Manager Scott Hickok, Community Development Director Jon Haukaas, Public Works Director Frederic Knaak, City Attorney PROCLAMATION: Stand for Children Day — June 14, 2003 Mayor Lund read and presented a plaque to Barbara Warren and Jamie Ramacher declaring Saturday, June 14, 2003. `49ER DAYS The City of Fridley royalty were present and introduced themselves and presented a special "thank you crown" to the City Council. MOTION by Councilmember Billings to approve a resolution that on Thursday, June 12, 2003, between the hours of 2 p.m. and 11 p.m. it shall be illegal for any person or being to cause rain to fall within the city limits of the City of Fridley, Minnesota. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTED AYE, EXCEPT MAYOR LUND WHO ABSTAINED. FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2003 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. FIRST READING OF AN ORDINANCE REPEALING CHAPTER 504, TAXICABS AND AMENDING CHAPTER 11, GENERAL PROVISION AND FEES, OF THE FRIDLEY CITY CODE. Dr. William Burns, City Manager, stated at $50 for the first cab and $5 for each additional cab, Fridley had become the place to go to get a cab license in the metro area. He said while the City could raise the fees to cover costs, this would only drive the cabs somewhere else. Since this was a very small source of revenue, they recommended Fridley repeal Chapter 504, the section of the Code that requires licensing of cabs. They also recommended that Chapter 11 of the Code be amended. The work involved in processing the licenses costs far more than the revenues currently collected. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 2. RECEIVE THE MINUTES FROM THE PLANNING COMMISSION MEETING OF MAY 21, 2003. RECEIVED. 3. ESTABLISH A PUBLIC HEARING FOR JULY 14, 2003, TO REVIEW SPECIAL USE PERMIT, SP #73-07, FOR CENTRAL AUTO PARTS, GENERALLY LOCATED AT 1201 — 73 1/2 AVENUE N.E. (WARD 2). Dr. William Burns, City Manager, stated throughout 2002 and thus far in 2003, the City has experienced repeated non-compliance with the conditions of the special use permit that allows Central Auto Parts to operate a salvage yard at 1201- 73 '/z Avenue in Fridley. These violations include storage of junk vehicles in their customer parking lot and the piling of junk vehicles above their fence line. A review of reports from Anoka County Environmental Services also indicated repeated non-compliance with this agency's requirements. These violations include failure to remove fluids from vehicles prior to storage, improper storage of spent batteries, and failure to submit required hazardous waste manifests. In view of these repeated violations, staff recommended that Council set July 14 as the date to hold a public hearing to consider revocation of the special use permit for Central Auto Parts. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2003 PAGE 3 4. RESOLUTION 24-2003 AUTHORIZING FINAL CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND, SPECIAL REVENUE FUNDS, AND THE CAPITAL IMPROVEMENT FUND FOR THE YEAR ENDED 2002. ADOPTED RESOLUTION 24-2003. 5. CHANGE ORDER NO. 3 FOR THE MUNICIPAL GARAGE EXPANSION PROJECT NO. 343. Dr. William Burns, City Manager, stated this was the final change order for this project. The change was in the amount of $8,261. The original contract amount was $730,500.00. The final cost with the change order was $740,603.62. Staff recommended Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 6. APPOINTMENT. Dr. William Burns, City Manager, stated staff recommended the appointment of John B. Crelly as Assistant Fire Chief effective July 21, 2003. Mr. Crelly had more than 22 years experience in fire service, including service in his current position as Assistant Fire Chief in Columbia Heights. He also served as deputy fire chief in Golden Valley, and was a firefighter in Maple Grove and New Hope. He holds certifications as Firefighter III, Fire Instructor II, Fire Inspector II, Apparatus Operator IV, and Emergency Medical Technician. He also has a certificate from North Hennepin Community College in electronic technology. He was currently attending North Hennepin Community College and was working on his Associate's Degree in fire protection and fire science. Staff recommended Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 7. CLAIMS. AUTHORIZED PAYMENT OF CLAIM NOS. 111578 THROUGH 111908. 8. LICENSES. APPROVED LICENSES AS SUBMITTED AND AS ON FILE. 9. ESTIMATES. APPROVED THE FOLLOWING ESTIMATES: FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2003 PAGE 4 Bituminous Roadways, Inc. 2825 Cedar Avenue Minneapolis, MN 55407 Commons Park Parking Lot Reconstruction, Phase 1 Project No. 348 Estimate No. 1 $ 53,856.74 Creative Curb Contractors LLC 64358 — 375 Street Watkins, MN 55389 2003 Miscellaneous Concrete Repair Proj ect No. 3 51 Estimate No. 1 $ 7,286.74 CM Construction Company, Inc. 12215 Nicollet Avenue South Burnsville, NIN 55337 Municipal Garage Expansion Project No. 343 Estimate No. 7 $ 32,613.78 APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda with the removal of Item Nos. 1, 3, 5 and 6. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda with the addition of Items 1, 3, 5 and 6. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. LEGISLATIVE UPDATE: Senator pon Betzold, Minnesota Senate, gave a summary of the legislative session for 2003. There was a new Governor and almost a third of the legislature was new. They came in with about a$4.5 billion deficit. Part of that was for the current bienniaL Most of the framework that the Governor wanted passed intact. He wanted no state taxes. However, that did not mean any FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2003 PAGE 5 property tax increases. What was done was about $2.5 billion dollars in cuts, mainly in human services and local government aids. With the local government aid cuts also came levy limits so 60 percent of what was lost could be levied. That was for one year. There were cuts in higher education, the tobacco endowment was cashed in, payments were delayed, fees were raised, and property taxes will be increasing. There was no Northstar Corridor bill, but improvements to the National Sports Center were passed. A transportation bill was passed. He said there were a couple of policy areas passed. The 2 a.m. bar closing was passed, the profile of learning was repealed, precinct caucuses will be moved up to the third Thursday in February, and changes were made in the all terrain vehicle trails to protect some private lands and and to designate some areas where they can be ridden. The Senate passed a bill to prohibit circuses during the time period of the State Fair that turned into a 24-hour waiting period for abortions. They had a technical bill for the Department of Natural Resources that turned into the gun bill. Wine in grocery stores did not pass. The DWI threshold from .10 to .08 did not pass. It was not now a primary offense to not wear your seatbelt. The House and Senate both passed bills to make a longer statute of limitations for victims of se�ual abuse, but they could not resolve the differences in the two bills. Child support payment laws did not change. The casino bills did not pass. The wage freeze did not pass. With respect to changes in the county and state highway formula, there was a stadium bill introduced on the last day of session, but that was the only time that word was even mentioned. The Anoka County Economic Development Authority bill did not pass. Representative Connie Bernardy, Minnesota House of Representatives, stated almost $2 billion of one-time money in shifts were used to balance this budget which meant that a hole will exist the ne�t biennium. So basically they did not solve the problem. Revenues were raised in this budget. Fees went up. There was an estimated $500,000,000 worth of revenue increases through fees. The other area that was targeted was local government aid. She said that would not mean a lot to people until they get their property tax statement ne�t year. Regarding the conceal and carry law, she already introduced legislation to allow local control at the city level. The school district in Fridley is getting hit hard by the Governor's and the republican House's plan for education. Initially, Fridley would lose $81 per pupil. They were able to get it down to $38 per pupil. Representative Barbara Goodwin, Minnesota House of Representatives, stated she thought the last session showed they really had to change their way of thinking about what things mean when they say they are not raising taxes. A half a billion dollars' worth of fees did not go to the services they were being paid for, but instead went to the general fund. She said that was raising taxes. So, there were definitely tax increases this year. Tuition increases would be about 30 percent in the ne�t two years. There were $622 million in cuts to grades K-12 for what was being called holding the classroom harmless. Again, she said we needed to look at what we were hearing and what actually happened. $120 million in cuts were passed from the State to hospitals. There were also $39.7 million in nursing home cuts. After July 1 there will be significantly more changes. She thought Fridley's LGA was being cut 36 percent for 2003 and 54 percent for 2004. Dr. William Burns stated they lost $734,000 this year and $1.1 million ne�t year. He understood for 2005, it would almost all be gone. FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2003 PAGE 6 Representative Goodwin said she thought they were going to see some pretty significant impacts from this budget. It was a big disappointment to all three of them that the Northstar Corridor did not pass. Bus service was also cut. She said the state was facing a very large deficit. Senator Betzold stated the ne�t session started on February 2, 2004. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. NEW BUSINESS: 9. RESOLUTION NO. 25-2003 ORDERING PRELIMINARY PLANS, SPECIFICA- TIONS AND ESTIMATES OF THE COSTS THEREOF: ALLEY PAVING PROJECT NO. ST. 2003-3. Mr. Jon Haukaas, Public Works Director, stated there were two resolutions with information regarding an alley paving project proposed this summer. The project as it was proposed would pave the three remaining through alleys within the City. It was initiated as a result of some residents' concerns. There were a total of 35 residential properties on these three alleys and per City policy, the entire cost of the project would be assessed to those properties. The first alley involved was parallel between Anoka Street and Arthur Street and ran from Mississippi Street north to 66th. He said there were 15 properties along this alley. The other alleys are between East River Road and Ashton, and parallel to 62"d Way, 62 '/z Way, and 63rd Way. The resolution before them initiated this process, ordered them to develop the preliminary plans, specifications, and estimates which they have done. Staff recommended approval of the resolution. Councilmember Bolkcom asked him to go through the process of what they would see happen. Mr. Haukaas replied this would schedule a public hearing for the City Council meeting on June 23. Between now and then, they would send letters, would publish notices in the Focus and put a notice on the web site notifying people that this public hearing would be happening. All affected properties would receive a direct mailing regarding the public hearing. If they proceed with the project, they will develop final plans and specifications. Because a street project for this year has been awarded and this was a smaller project, they were going to negotiate with the contractor about possibly adding this project by way of a change order. If they did not feel they were getting a fair price, they would bid it out as a separate project. If the process happened quickly, construction could start sometime in July. The project would entail grading out the existing alleys, strengthening the base and paving a strip through. They would do some adjustments to allow for drainage, existing driveways, and that sort of thing. Councilmember Bolkcom asked if there would be another public hearing on the actual assessment of costs. FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2003 PAGE 7 Mr. Haukaas said in the fall, after completion of the project, there would be an assessment on the final actual costs of the project; and that would include the entire notice process before they were finalized and certified to the tax rolls. Councilmember Bolkcom asked if some type of cost estimate would be included with the letter sent for the hearing on June 23. Mr. Haukaas replied they did have some cost estimates and they would have it for the meeting. Because they had most of the preliminary information together now, they could add it to the letter. Councilmember Barnette said when they hold a public hearing, was it City policy that if over 50 percent of affected parties chose not to do the project, that the City would not do the project. Mr. Haukaas said that was an option. MOTION by Councilmember Bolkcom to approve Resolution No. 25-2003. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. RESOLUTION NO. 26-2003 RECEIVING THE FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS: ALLEY PAVING PROJECT NO. ST. 2003-3. Mr. Jon Haukaas, Public Works Director, stated this was a smaller project so they were able to create the preliminary plans, cost estimates and a report as ordered in the previous resolution for these parcels. He said that they were not going to look at just the three alleys. They would be looking at all alleys throughout the City. This was just their first step. Mr. Haukaas stated they created preliminary plans for the three alleys. On the Arthur alley, some regrading would have to be done. They have to change some of the sidewalk along Mississippi Street to make sure it did not drain all the way out to Mississippi Street, since there was no storm sewer to e�tend into the area. The alley between 62 Way and 62 '/z had a hump in the middle. The third alley should be a very simple project. The cost estimate for the entire project was approximately $42,000. The total assessable footage was 2,800 which worked out to $15 per foot, and that would be stated in the notice of public hearing. MOTION by Councilmember Bolkcom to adopt Resolution No. 26-2003. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2003 PAGE 8 1L MOTION TO DENY AN APPLICATION FOR RENEWAL OF MANAGERIAL LIQUOR DISPENSING LICENSE FOR SEAN M. McALLISTER. Mr. Dave Sallman, Director of Public Safety, stated City Code Section 603 required a management license for a licensed on-sale liquor establishment for anyone that acted in that capacity. Mr. McAllister had been acting in that capacity since they opened up and did not have a license. He recently submitted an application after the recent hearings on the liquor license for Sean's. The Police Department was required to conduct a background investigation based upon the information provided by the applicant. They attempted to contact Mr. McAllister by the cell phone number he gave and told the person who answered that they were going to recommend denial of the application. He said they also left a message on the home telephone number and contacted Sean's and talked to the owner, Mr. Sean Tierney, and left the information. Based on the background investigation, it was his recommendation that the license be denied based upon criminal history Councilmember Bolkcom asked if a letter had been sent. Mr. Sallman replied that no letter had been sent. He said they did what they could to try to contact him. Councilmember Bolkcom asked if Mr. McAllister could reapply. Mr. Knaak said he could. MOTION by Councilmember Bolkcom to deny a managerial liquor dispensing license for Sean M McAllister. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Barnette asked if anyone there had a manager's license at this time. Mr. Dave Sallman, Public Safety Director, said no one did Councilmember Billings asked if Sean Tierney had filled out an application. Mr. Sallman said he did not believe he had. Councilmember Bolkcom asked what would happen now. Mr. Knaak replied he can respond immediately on one point. Mr. McAllister would receive correspondence from the City that indicated the decision of the Council and the reasons for the Council's decisions in writing. In addition, if there were individuals who were currently managing that operation who were not, it would be violation of the City Code and if observed would presumably be tagged as an offense. FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2003 PAGE 9 Councilmember Bolkcom stated she did not think they should wait until the end of the three months they gave them. She thought the license needed to be on the agenda for the meeting on June 23. Mr. Knaak said it was within their authority to call them in immediately. 12. PRELIMINARY PLAT REQUEST, PS #03-03, BY MICHAEL JUAIRE, PMJ GROUP, INC., FOR THE CONSTRUCTION OF NEW TOWNHOMES, GENERALLY LOCATED AT 1275 NORTON AVENUE N.E. (WARD 2). Mr. Scott Hickok, Community Development Director, stated Michael Juaire had requested a replat of the property at 1275 Norton Avenue. The intent was to create five separate lots in order to construct four townhome units. This was the second of three plat requests by Mr. Juaire for a townhome development on Norton Avenue. The third request was heard at the Planning Commission meeting on June 4 and would be on the agenda for the June 23 meeting. Mr. Hickok stated since they have heard a number of Norton Avenue plat requests by Mr. Juaire, to keep them straight, at the end of the cul de sac they would recognize addresses 1170 and 1152. The second plat that was under consideration this evening was for 1275. At the ne�t meeting there would be a plat request for addresses 1163 and 1165. Mr. Hickok stated the subject property was zoned R-3, Multi-Family Residential, as were the surrounding properties. The existing home and garage were built prior to 1949. Both the structures have been removed. He said the City Code required that lots in R-3, Multi-Family zoning districts have a minimum lot size of 15,000 square feet for a 4-unit dwelling. This subject property was 16,108 square feet and exceeded the minimum requirements. The proposed townhome development also met all setbacks and lot coverage requirements. To give them a sense of the plat itself, there are five lots. There are 4 units, numbered 1 through 4. A common lot that surrounded each of the 4 units would be shared by the townhomes as common space. Initially these would be built as rental units but they would also be built in a way that they could be sold as independent units later. Mr. Hickok stated at the May 21, 2003, Planning Commission meeting, there was some discussion from neighbors regarding the zoning. There were also questions about how the additional development of Norton Avenue would change the character, and about the construction hours. The block was rezoned from R-1, Single Family, to R-3, Multi-Family, in August of 1963. A public hearing was held in June of that year at the Planning Commission meeting and it was continued to later that month to further deliver notices to the neighborhood. At the June 27, 1963, meeting the Planning Commission heard the item and no one was present in opposition of the rezoning. The Commission recommended approval to Council and, on August 19, 1963, the City Council approved the rezoning for that area to R-3. Mr. Hickok stated the Comprehensive Plan designated the 2020 future land use of this area as redevelopment. Redevelopment was described in the Comprehensive Plan as a form of community revitalization that transformed undesirable elements into desirable elements that reflected community collective vision. The purposes of redevelopment were to remove older, FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2003 PAGE 10 blighted structures, to provide the opportunity for more efficient land uses, and eliminate inefficient land uses and underutilized parcels. The Norton Avenue block was categorized under the redevelopment area, No. 1 in the Comprehensive Plan specifically. It stated that the multiple family properties along Norton Avenue might be eligible for rental rehabilitation programs and the City should also pursue aggressive code enforcement to assist in eliminating any negative images resulting from illegal outdoor storage or other code enforcement problems. The redevelopment section of this area did not specify that this area should be used for anything other than multi-family. The intent of the 1963 rezoning was to accommodate multi-family units in this neighborhood. Adding these additional townhomes was consistent with that decision made 40 years ago. Mr. Hickok stated that the City Code stated construction hours were to be between 7 a.m. and 9 p.m., Monday through Friday, and between the hours of 9 a.m. and 9 p.m. on Saturdays and legal holidays. Any work activities on Sundays were unlawful. Mr. Hickok stated Mr. Juaire and his construction crew were obligated to meet these requirements. Mr. Hickok stated the Planning Commission recommended approval of this request with thirteen stipulations which he outlined. Mayor Lund noted that one of the residential property owners in the area made a point about his concern about parking especially in the winter time. Councilmember Bolkcom asked if someone wanted to buy a house, could they easily come in and review what the zoning for the property was. Mr. Hickok said they could. Councilmember Wolfe brought up the comments at the last meeting that there could be all kinds of projects there and this was the least intrusive to the neighborhood. Mr. Hickok stated it was an R-3 district but people became concerned when you talked about it as a redevelopment area in the Comprehensive Plan. Redevelopment really was more about master planning and kind of departed from standard zoning. It could take any number of different directions as a redevelopment project. Councilmember Bolkcom said that there was going to be another one and asked why they were not all together. She also asked if there was a neighborhood meeting. Mr. Hickok replied that they encouraged developers to go meet the residents and talk to them a little bit about what their development proposals were for the neighborhood. Mr. Juaire initially bought two homes at the end of the cul de sac and was able to put in 8 townhomes on that site because of the land area and then, as negotiations went on, was able to gain additional properties and put together additional plats. Mr. Michael Juaire, president of PMJ Group, approached and stated that it was suggested by Commissioner Saba at one of the Planning Commission meetings that he have a neighborhood FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2003 PAGE 11 meeting. He thought he could send out notices or knock on doors and ask them to come to a meeting. He did what Mr. Hickok suggested. He spoke with ten residents in the area and about one-third had concerns. They were concerned about speed and traffic. The others were really in favor of it. MOTION by Councilmember Wolfe to approve Preliminary Plat Request, PS #03-03, by Michael Juaire, PMJ Group, Inc., with the following thirteen stipulations: 1. The final landscape plan shall meet code requirements for number of and size of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. All landscaped areas shall have irrigation installed. 3. Brick type and application on elevations and other e�ternal building materials to be reviewed and approved by City staff prior to issuance of a building permit. 4. Columns shown on the right and left elevations of the building plans shall be constructed using a masonry material. 5. Shakes shown on the front and rear elevation shall be wrapped around to the right and left elevations. 6. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 7. A utility plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. Individual services will be required for each unit. 9. A 12-foot utility and drainage easement shall be granted along the entire northern edge of the property prior to final plat. 10. All elements of the building shall meet the current building code and be approved by the City Building Official. 11. The petitioner shall pay an applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 12. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 13. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2003 PAGE 12 Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. FIRST READING OF AN ORDINANCE REPEALING CHAPTER 504, TAXICABS AND AMENDING CHAPTER 11, GENERAL PROVISION AND FEES, OF THE FRIDLEY CITY CODE. Councilmember Bolkcom stated she did not think they had enough information to have a first reading of this ordinance. Dr. William Burns, City Manager, said Finance staff wanted to move rather quickly because they were being inundated with requests from cab companies for licensing. The Metropolitan Airports Commission required licensing of cabs and, since we were the lowest, we were "it" right now. Councilmember Bolkcom asked if they could increase the fee and if it was legal to just repeal it. Mr. Knaak replied they could choose to regulate by increasing the fees in a way that was commensurate with the cost to the City. The concern was that even if you were to regulate it, there would be so much staff time taken for these things that it would not be something staff felt would be appropriate under the circumstances. Mayor Lund stated his concern was if they repealed it, did that open the door so that anyone with a vehicle could now be a taxi in Fridley without any type of licensing. He did not want just anybody to operate in or around Fridley without a taxi license. Councilmember Billings replied the current fee was $50 for the first cab and $5 for each cab in the company. He thought staff's intent was to repeal the existing ordinance so that they cut off the flow of staff time to accommodate something that was happening at the airport. That was not to say at a later date they could come up with a new ordinance. MOTION by Councilmember Barnette to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. APPROVE CHANGE ORDER NO. 3 FOR THE MUNICIPAL GARAGE EXPANSION PROJECT NO. 343. Councilmember Bolkcom asked about the cost to change the e�terior paint color. Mr. Haukaas, Public Works Director, replied the intent was to match the new block and when they originally chose the paint, it was off a smaller paint chip. They started work based on that FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2003 PAGE 13 and when they saw the color on the building, it did not match. They stopped the painters as soon as they could and chose a different color. The $485 reflected the work already done. Councilmember Wolfe asked if their painting contractor matched the paint with the chip. Mr. Haukaas replied it did match the chip but once it was on the building it was obviously not the right choice. MOTION by Councilmember Bolkcom to approve Change Order No. 3 for the Municipal Garage Expansion Project No. 343 in the amount of $5,662.62 to CM Construction. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. APPOINTMENT. MOTION by Councilmember Wolfe to approve the appointment of John Crelly as Assistant Fire Chie£ Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. ESTABLISH A PUBLIC HEARING FOR JULY 14, 2003, TO REVIEW SPECIAL USE PERMIT, SP #73-07, FOR CENTRAL AUTO PARTS, GENERALLY LOCATED AT 1201 — 73 1/2 AVENUE N.E. (WARD 2). Mayor Lund stated he pulled this from the consent agenda at the request of the property owner. They scheduled the public hearing because of the special use permit and some repeated violations. He asked Mr. Hickok if the current violations from the last review had been rectified. Mr. Hickok, Community Development Director, said he had an opportunity to talk to his staff and with Mr. Buzick. He said he would continue to ask for a public hearing on the basis that in 1973, Mr. Buzick was before the Council and agreed to the stipulations of a special use permit. Some of those stipulations included the words "no car shall be piled higher than the fence," "no cars will be outside of the fence," "licensing will be needed," and the "applicant to meet the requirements of their licensure proceedings." Staff identified those stipulations as areas of failure. This was not the first time this had happened. As recently as two years ago, the code enforcement staff inet with the operator and Mr. Buzick to talk about issues. They found it necessary again in late 2002 to hold a meeting and talk about issues. He said a special use permit was something the City granted with some broad discretion, and the City had the ability and the obligation to take a look at that again after it was granted. Ultimately they had the ability and discretion to revoke a special use permit thereby making the use inappropriate for the district. What they were asking the Council to do was set a hearing for July 14 to contemplate these issues. Between now and then they would do a staff report and make a recommendation which would likely come with options. FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2003 PAGE 14 Mayor Lund stated in reference to operators of other salvage yards not being perfect either, he told the property owner that the difference as he understood it was that the other operators at least made honest attempts in rectifying any violations from their special use permits. The other thing he questioned was that it may be construed by the property owner or the license holder that there had been talk obviously in past years about identifying salvage yards for redevelopment and they may look at this as an opportune way for staff or Council to minimize any future costs if and when that redevelopment would ever seriously be considered. Mr. Hickok replied that did happen but it was not a defense for what they are doing wrong on their own property. He said they did a systematic code enforcement throughout the entire City, and stopped at every door stop where there had been an issue in the industrial and commercial districts and asked them to correct the issues that were not in compliance with the Code. It was no different than what they were asking Central Auto to do. He said the other industrial owners generally were positive in their response and wanted to bring their properties into compliance. Mayor Lund asked if citations had been issued in the past for this facility. Mr. Hickok said no citations had been issued, but that was not the basis for reconsidering a special use permit. Councilmember Bolkcom stated she thought the difference here was that it was a special use permit. Councilmember Wolfe said that with respect to salvage yards with a parking lot, if someone drops a car off there without their knowledge, they are being penalized for something that was not their fault. Mr. Hickok said it was an unfortunate outcome of that industry. Many other operators experienced the same thing. They needed to manage their operation so they continued to exist in the neighborhood. Mayor Lund commented he thought Mr. Hickok said it all when he said they had to be reasonable. He thought staff and the Police Department would be willing to work with them on some of these abandoned vehicles. Dr. Burns, City Manager, asked Mr. Hickok if it was true that as a general rule, it was the property owner's responsibility to deal with abandoned vehicles on his or her property no matter where it occurred. Mr. Hickok replied that was true. Mr. John Buzick, 661 — 207th Avenue N.E., East Bethel, owner of Central Auto Parts, asked to give a little history. They came to the City and were grandfathered in. During the year they were talking about, they never received a citation. It was done only because they were building a new building and it was the only reason they had a special use permit when they were grandfathered in. He was not looking for battles with the City. He said he had taken steps to FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2003 PAGE 15 alleviate the necessity for the public hearing. He got the towing for the parking lot resolved and he has spoken to Anoka County and had them inspect the property on June 6. The issues raised in the letter had been resolved. MOTION by Councilmember Billings to establish a public hearing for July 14, 2003, to review Special Use Permit, SP #73-07. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. INFORMAL STATUS REPORTS Representative Char Samuelson, Minnesota House of Representatives, said in New Brighton many suggestions have been coming to save money. She said she was on the Health and Human Services Committee and authored two bills that became law. One was a home health bill, which helped the home health agencies. The other was a dental bill that allowed greater access to dental services throughout Minnesota. Councilmember Bolkcom asked for a report on the Springbrook meeting. Councilmember Barnette asked to discuss the possibility of a review of the City Manager's performance. Councilmember Wolfe would also like to have a quick budget discussion. Dr. Burns stated he would like to briefly discuss the Gateway West expansion project. Mayor Lund went through the Fridley 49'er Days activities. Councilmember Billings stated based on the number of telephone calls he received in the last two weeks, if they are going to have a staff update on Springbrook study it should be done now. Councilmember Bolkcom stated she is very concerned about finding a candidate for the HRA opening. She would like to set an interview time with a candidate who has expressed interest. Councilmember Wolfe stated he also knew of a candidate for the Parks and Recreation Commission. Councilmember Billings stated his motion regarding the Springbrook study was that they prepare a report and get it back to them by the second Council meeting in July. It was never his intention to have it be an agenda item on July 14. Councilmember Bolkcom replied that after they received the report and there was an agenda item, the information would go out to people. FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2003 PAGE 16 Councilmember Wolfe stated he had been telling people they were gathering information and that they would not be making a decision that night. As far as Councilmember Bolkcom's question about the meeting, he, Councilmember Barnette, Jack Kirk and Dr. Burns met with George Shortridge. They were just looking at options. He thought the meeting went very well. Councilmember Bolkcom stated her concern was that she heard golf course and then she heard alternative uses so she was not sure what other uses they were looking at. Councilmember Wolfe stated they have heard from one person and it was because they were trying to find a different use to somehow get revenue out of a place that was collecting no revenue. Mr. Shortridge was asked to come here for the specific use of a golf course and he thought if he did something like that it could still be user friendly. Mr. Shortridge made it clear that he thought it would almost be impossible to have a true nature center with the golf course there. Again, no decisions will be made on July 14, it was just for gathering information. Councilmember Barnette stated Mr. Shortridge was a golf expert. He was not an expert on other uses. He is looking at the cost of construction, operation, and maintenance. He was not looking at the bonding or anything. That would be the City's responsibility. Purchasing other land was not his responsibility and he was not looking at that. Councilmember Bolkcom stated she guessed she was just concerned they were spending staff time looking at pursuing purchase of other property before they even got a report back from Mr. Shortridge. Dr. Burns stated it was very difficult to put together a business plan unless you knew your total debt service for the golf course. If you had land acquisition costs, then you needed to plug in the debt service related to land acquisition costs. That was why they were talking to surrounding property owners. Just to measure the potential availability of surrounding pieces of property. That was all that was done and there were no commitments made. Councilmember Wolfe stated they did that with all their other projects, too, such as Gateway West and Gateway East. Staff went out and researched the possibility. Dr. Burns stated the report that they ultimately came up with would be about three to five pages. It would not be based on any kind of engineer's work or any kind of expensive studies of soils or anything like that. It was going to be a very preliminary report based on data that was collected by Mr. Shortridge from other golf courses and his knowledge of golf course operation and construction costs. Councilmember Bolkcom stated other commission members were concerned. There were other groups who were involved in this issue, too, who should be made a part of the discussion at some point. Mayor Lund stated what he gathered from the discussion so far was the report would be very preliminary and they would discuss it at an upcoming work session. FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2003 PAGE 17 MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE JUNE 9, 2003, CITY COUNCIL MEETING ADJOURNED AT 10:17 P.M. Respectfully submitted, Denise M. Letendre Scott J. Lund Recording Secretary Mayor