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07/14/2003 - 00026208MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 14, 2003 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:33 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 and Councilmember Bolkcom MEMBER ABSENT: Councilmember Wolfe OTHERS PRESENT: William W. Burns, City Manager Scott Hickok, Community Development Director Frederic W. Knaak, City Attorney Jon Haukaas, Public Works Director Liz Chevalier, Crime Prevention Specialist Julie Jones, Environmental Planner John M Baker, Attorney, Greene Espel PRESENTATION ON SAFETY CAMP. Ms. Liz Chevalier, Crime Prevention Specialist with the Fridley Police Department, gave a presentation regarding the 2003 Safety Camp. Included was a five-minute film created by Brian Strand. APPROVAL OF PROPOSED CONSENT AGENDA APPROVAL OF MINUTES: City Council Meeting of June 23, 2003. APPROVED. NEW BUSINESS: 1. RECEIVE THE MINUTES FROM THE PLANNING COMMISSION MEETING OF JUNE 18, 2003. RECEIVED. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 2 2. SPECIAL USE PERMIT REQUEST, SP #03-10, BY TOM GROTE FOR MERCY AND UNITY HOSPITALS, TO ALLOW AN EXPANSION TO UNITY HOSPITAL, GENERALLY LOCATED AT 550 OSBORNE ROAD N.E. (WARD 1). Dr. Burns, City Manager, stated this project was a 2,375 square foot expansion of the existing Radiation Therapy Center. It would be used for outpatient treatment rooms and office space. The special use permit was needed because Unity was in a R-1 district. The Planning Commission approved the permit by unanimous vote at its June 18 meeting. Staff recommended Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. APPROVE COMPREHENSIVE SIGN PLAN AMENDMENT FOR SAM'S AUTO WORLD, GENERALLY LOCATED AT 7570 HIGHWAY 65 (WARD 2). Dr. Burns, City Manager, stated this amendment would allow internally-lighted, red neon letters on petitioner's sign. The change met the City's sign criteria. Staff recommended Council's approval. APPROVED. 4. RESOLUTION NO. 30-2003 AUTHORIZING PARTICIPATION IN THE SAFE AND SOBER COMMUNITIES GRANT PROGRAM. Dr. Burns, City Manager, stated that Fridley, Anoka County, and several other Anoka County cities have prepared a joint grant application under the Safe and Sober Communities Grant Program that is offered by the Federal Office of Traffic Safety. The grant would provide approximately $5,000 per entity for overtime and related costs associated with the enforcement of impaired driving and seatbelt laws. These joint efforts would occur during high school graduation season and on major holiday weekends. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 30-2003. 5. RESOLUTION NO. 31-2003 TO PARTICIPATE IN HAZARD MITIGATION PLANNING PROCESS. Dr. Burns, City Manager, stated this was part of the anti-terrorism effort going on across the country. The resolution authorized Fridley to participate with Anoka County and other Anoka County cities in coordinating a joint application for funding from the Federal Emergency Management Association. Under the planning process, the Anoka County entities would identify and assess hazards throughout the county. The plan would contain goals and objectives, as well as specific projects and costs. Staff recommended Council's approval. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 3 ADOPTED RESOLUTION NO. 31-2003. 6. APPOINTMENT TO THE HOUSING AND REDEVELOPMENT AUTHORITY. The Mayor recommended Council's concurrence in the appointment of William Holm to the Housing and Redevelopment Authority. APPROVED THE APPOINTMENT OF WILLIAM HOLM TO THE FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY. 7. CLAIMS. APPROVED PAYMENT OF CLAIM NOS. 112115 THROUGH 112434. 8. LICENSES. APPROVED LICENSES AS SUBMITTED AND AS ON FILE. 9. ESTIMATES. APPROVED THE FOLLOWING ESTIMATES: CM Construction Company, Inc. 12215 Nicollet Avenue South Burnsville, NIN 55337 Municipal Garage Expansion Project No. 343 Estimate No. 8 .................................................................... $ 9,439.97 Hardrives, Inc. 14475 Quiram Drive Rogers, MN 55374 2003 Street Improvement Marian Hills Project No. 2003-1 Estimate No. 1 .................................................................... $128,311.09 APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked that Item No. 2 be removed and placed on the regular agenda. MOTION by Councilmember Barnette to approve the proposed consent agenda with the removal of Item No. 2. Seconded by Councilmember Bolkcom. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 4 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: Councilmember Billings asked that Item No. 15A be added entitled: Authorization of the Execution of a Settlement Agreement with Brandes Place Limited Partnership. MOTION by Councilmember Billings to adopt the agenda with the addition of Item Nos. 2 and 15A. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Mr. Malcolm Mitchell, 1225 Regis Lane N.E., Chair of the Springbrook Nature Center Foundation, stated he represented the Nature Center Foundation and was not representing the audience directly. On May 19 the City Council asked staff to analyze and report back on July 14 on the alternative uses of land presently known as the Springbrook Nature Center. Council indicated they were going to have an informal discussion of the status of this matter, but it was not on the agenda. He said this was a very important issue for all of them and he welcomed the opportunity on July 21 to talk with Council about how to fund the Nature Center's programs. He said that in his opinion, Springbrook Nature Center was the greatest asset that the City of Fridley had. It was a jewel that needed to be protected. It was a place for children and families to gather and learn about nature. He urged Council for continued support and to work with them to keep the programs at Springbrook. Councilmember Bolkcom asked if there was any information Mr. Mitchell could provide prior to the meeting on July 21. Mr. Mitchell said he would make every attempt to make it available to them. He asked Council to provide them with a copy of the report from the City Manager. Mayor Lund said they would work on this together. Ms. Karen Shragg, Director of Woodlake Nature Center in Richfield, referred to a pamphlet called "The Benefit of Nature Centers" that she provided to Council. She invited them to look at the benefits which nature centers really did not get credit for. She said there were only five cities that had the insight and the foresight to preserve these wonderful spaces and to use them as an economic, ecological, educational, and social benefit. She said there were 159 golf courses in the metro area. She spoke to the President of the Minnesota Golf Association and he told her they did not want another public golf course because there were not enough people to support the golf courses that were already there. Fridley had a place that brought in money they did not even see. She invited Council to look at the benefits of the Nature Center. She said they could not just let it go and let the trails be managed. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 5 Ms. Betty Ann Attison, President of Rice Creek Gardens, stated she had been a resident of Fridley for 40 years. She grew up in New York and if you could imagine New York City without Central Park it would be more like Mexico City. Mr. Jerry Bahls, 7514 Alden Way N.E., stated he represented the Audubon Chapter of Minneapolis. They had more than 2,500 members in Minneapolis and its suburbs, of which more than 200 lived in the immediate Springbrook area of Fridley. He said Springbrook was a prime birding area for their members throughout the year. Springbrook has hosted part of the internationally renowned Audubon Christmas bird count for about 10 years. Each Christmas about 30 bird watchers fan out within an area of seven miles from the Coon Rapids dam to conduct an annual bird census. Many of the species are seen at Springbrook because of its habitat. Similar habitat was rapidly disappearing in the county making it even more important to preserve. The Audubon Chapter of Minneapolis also participated in the great backyard bird count each February at Springbrook and conducted some of their bird classes there. For those reasons the Audubon Chapter of Minneapolis urged the City of Fridley to continue to support Springbrook Nature Center as an education center and as a natural area for birds and other wildlife. Mr. Willis Unke, 1422 Trollhagen Drive N.E., stated he had lived at his residence for 43 years and raised five kids. He was an initial contributor to the Foundation when it was started. He thought the City was to be commended for helping the Foundation turn its objectives back to what it was. He really appreciated Council looking at the budget for the Nature Center. He thought the City was way out of line with the equivalent of five full-time staff inembers at the Nature Center. Although it was mentioned that there were a number of other cities that had a nature center educational fund, there were also regional centers. He thought that was where the education should be concentrated. Mr. Lenny Brandt, 190 Craigbrook Way N.E., stated Springbrook Nature Center was misleading, lying, and distorting the truth. He hoped the City Council and the citizens could see through all the smoke. Ms. Melanie Novitsky, 6293 Jackson Street N.E., stated she had three children ages 15, 13, and 4'/z. She said the Springbrook Nature Center covered many facets of a Fridley resident's life. As an educator she was stunned at the teaching talent of the naturalists. There was a great wealth of learning to be found through their teaching. She said that each child in Fridley, grades kindergarten through 8, was seen by a Springbrook naturalist four times a year. Springbrook provided an integral supplement to the Fridley public school curriculum. She said that being an educator, she was keenly aware of the function of having to try and work within the confines of the state budget. She understood that $267,000 in City money was needed to fund the Springbrook Nature Center for the year 2003, but she also understood that less than $5 per household, per year went to fund the Nature Center. Furthermore, Springbrook Nature Center's cost to the City was lower now than it was in 1995. So she respectfully requested the City strongly consider an interim budget for the Springbrook Nature Center. Allowing a chance for public and private contributors to supplement the City's funding would let the Nature Center continue to expand children's learning, as well as offer family and community events. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 6 Dr. Burns, City Manager, said there was no final report on the feasibility of a golf course at that site. They met twice with a golf course pro from the Refuge Golf Course and with a golf course architect. He said they had put together some preliminary figures on the construction costs, the operating costs and the revenues for a golf course at the Nature Center. What they were trying to do was portray the financial picture over a five-year period Mayor Lund stated they would forward the information to the Springbrook Nature Center Foundation as quickly as possible. Councilmember Bolkcom asked Dr. Burns how much money had been spent on the study and where the funds came from. Dr. Burns replied they spent $3,000 studying the feasibility of a golf course, and those funds would come out of the non-program portion of the general fund. Councilmember Bolkcom asked if minutes were taken at the meetings. Dr. Burns said minutes were not taken. Councilmember Bolkcom asked who attended those meetings. Dr. Burns replied those meetings were attended by Councilmember Barnette and Councilmember Wolfe. Councilmember Bolkcom asked how the rest of the council members could find out what went on at the meetings. Dr. Burns replied he had discussed that in the City Manager's report. Councilmember Billings stated he believed the motion was not to do a feasibility study but to provide some broad, general costs of what it might cost to build and operate a golf course. He asked if they had ranges of costs for acquisition, construction and operation. Dr. Burns said he would estimate that it probably was going to cost somewhere between $3.5 million and $5 million to construct the golf course. Those costs would probably be covered by a revenue bond as opposed to costs that would come out of the City's reserves. Councilmember Billings asked about the operating expenses. Dr. Burns said he did not have those figures. Councilmember Billings asked about the revenue projections. Dr. Burns said they were not available. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 7 Councilmember Billings asked if they had looked at any other potential recreational uses for the site. Dr. Burns said they had not. Councilmember Billings asked if anyone on the City Council had any knowledge of any plan to actually convert Springbrook Nature Center into any type of use other than what it was. Councilmember Barnette said absolutely not. Councilmember Billings stated the only thing they asked was to find out what, in broad and general terms, the cost might be to convert the Nature Center to a golf course. He said that did not mean they were going to turn Springbrook Nature Center into a golf course. They just needed to know what the costs and numbers were so they could make a knowledgeable and intelligent decision. Councilmember Billings stated that on July 3 they received a letter from the Metropolitan Council about some of the numbers that they had in their statistics. He said earlier a woman mentioned that it cost $267,000 to operate the Springbrook Nature Center. By the 2000 census there are 27,460 people in Fridley, which would cost about $10 for every man, woman, and child in the City of Fridley to operate Springbrook Nature Center. He said there were approximately 2.4 people per household. which would make it $24 per household. He said there were 11,392 households in the City of Fridley. He said the City Council had taken no action, nor was there a plan to take action to turn Springbrook Nature Center into anything other than what it was. He said there were developers that would pay up to $6 million on this site to build homes. With 127 acres, some of it wetland and high land; you could build somewhere between 1,200 and 1,500 homes on the site, generating $5 million per year in taxes for Anoka County, the school district, and the City. The City's portion would be something like $1 million per year. He said they made noises when someone talked about $3.5 million to $5 million investment in a golf course, but they needed to understand that if the land were developed for housing, it would mean $1 million a year to the City of Fridley and another $4 million per year to the school district and Anoka County. That is money that they, as taxpayers, would not have to pay. Councilmember Barnette stated he received numerous e-mails on this issue and has responded that they were not closing Springbrook but they were proposing to cut the staffing for the building. At this point that was all they were doing. They have been dictated to by the state legislature. They are facing a major shortfall in their local government aid. Councilmember Bolkcom stated there was a budget meeting. The City Manager talked about laying off employees, and not just at the Nature Center. There were only four of them at the budget meeting and she said they did not make any decisions. She thought they were all going to work on this together. They do not vote on the preliminary budget until August and the final budget in December. Mr. Mitchell said they were talking about a proposed budget; but the proposed budget is a plan. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 8 Mayor Lund stated on Monday, July 21, Council would be meeting with the Springbrook Nature Center Foundation at 5:00 p.m. PUBLIC HEARING: 10. REVIEW SPECIAL USE PERMIT, SP #73-07, FOR CENTRAL AUTO PARTS, GENERALLY LOCATED AT 1201 — 73 1/2 AVENUE N.E. (WARD 2). MOTION by Councilmember Billings to open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 8:32 P.M. Mr. Scott Hickok, Community Development Director, stated this public hearing was to consider revocation of two special use permits for Central Auto Parts located at 1201 73 '/z Avenue N.E. He said that in August of 1973, a rezoning occurred and a special use permit was granted to allow auto salvage at this location. Stipulations were attached to that special use permit. The 1973 stipulations included the following: 1. Building will be metal with brick veneer. 2. Timetable for improvements should be submitted by the applicant and improvements to the property were to be within one year after the street was improved. 3. Drainage problem will be taken care of. 4. The fence shall be improved by being painted and uniform in size. 5. No cars should be piled higher than the fence. 6. No cars will be outside the fence. 7. Licensing will be needed and the applicant to meet requirements of license procedure. Mr. Hickok stated it was important to note that prior to 1973, the property was not recognized as a"junk yard." In 1971, the City's zoning code had been rewritten in part to clarify what uses could exist on various parcels in various districts. Prior to the building permit request in 1973 there were ongoing, documented compliance issues including the parking of dismantled, non- operating, wrecked, junked or discarded vehicles and parking on the street. The City contemplated placement of "no parking" signs along 73 '/z because the problem was so prevalent. Mr. Hickok stated that a special use permit was granted and complaints about compliance continued. In 1979, the City again contemplated "No Parking" signs along 73 '/z. In 1981 the property's license was not going to be issued without 11 stipulations being met. In December, 1982, Central Auto Parts requested a new special use permit. This was primarily due to the acquisition of the property adjacent to their operation. After much discussion, SP #82-11 was FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 9 approved with 7 stipulations. In 1986, numerous problems with compliance were again documented. The owner was notified that a license would not be issued without significant modifications. In 1999 and 2000, the City contemplated purchase of the subject property and the surrounding property. Unfortunately, the 2001 legislative session diminished the City's tax increment earnings that they were expecting in this district and eliminated the possibility of the purchase or at least lowered its priority on a priority-scale for redevelopment. Mr. Hickok stated that last year Mr. Buzick and Mr. Haluptzok were asked to meet with City staff regarding continued non-compliance. They were told that the County's report showed continued violations. They were alerted that their license would not be renewed, and the special use permit would be reconsidered unless changes occurred and compliance was attained. After no significant changes were observed, staff alerted the owner and tenant that the special use permit was to be scheduled for review and that staff would not sign off on a license for reissuance unless a review was completed and a Council determination was made. Mr. Hickok recommended that Council hold the public hearing on this matter and take action at the Council meeting on July 28. MOTION by Councilmember Billings to receive a fax from Joseph G. Sedarski of Rider Bennett, LLP, dated July 14, 2003, which was sent at 12:55 p.m. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Sedarski, Attorney with Rider Bennett, LLP, stated he represented Mr. Haluptzok and Central Auto Parts. Mr. Haluptzok contacted him and asked him to assist with matters associated with the special use permit for Central Auto Parts. He referred to the letter that basically outlined their willingness and commitment to work with City staff in meeting special use permit stipulations and also to talk about any new requirements that the staff recommended. Mr. Haluptzok acknowledged that he had been out of compliance during the past year and had taken a number of actions to address all of the current non-compliance items that were listed in planning staff's memorandum dated June 6, 2003. He said there were no crushed or uncrushed salvage vehicles stored higher than the fence nor would they be allowed to be stored higher than the fence. Most of the uncrushed salvaged vehicles stored in the yard that previously contained fluids and other materials had been drained of all fluids. Approximately 300 of the 400 salvaged vehicles had been processed in the past several weeks. The remaining vehicles would be processed by the end of the week By processed, he meant removing the fluids and other materials that were of concern for storage on the site. He stated that the reason so many of the vehicles were stored prior to processing was due to an unusually high number of salvage vehicles delivered to the area during a relatively short amount of time. Mr. Haluptzok said he now accepted only the number of vehicles he could process within a week. Mr. Sedarski stated they respectfully requested that the City Council reissue Mr. Haluptzok the special use permit for continued operation of Central Auto Parts. He understood that Fridley planning staff recommended this with modifications to the stipulations in the original special use permit for this business. Mr. Haluptzok was willing to agree to certain stipulations for the FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 10 special use permit and discuss any new requirements. He said Mr. Haluptzok opened for business in 1997. Other persons had operated this site as an auto salvage yard previously. Mr. Haluptzok leased a portion of the property from Mr. John Busick Central Auto Parts currently operated out of the western portion of the facility. The other portion of the facility and property was currently occupied by an auto glass business. Under his agreement with Mr. Busick, Mr. Haluptzok was responsible for rent, site maintenance, upkeep, utilities, business licensing and permitting and other aspects of operating Central Auto Parts. Mr. Haluptzok and his employees regularly inspected areas outside the fence and along 73 '/z Avenue and picked up any garbage or other debris. They also inspected the fence surrounding the site and the gates leading into the yard. Mr. Haluptzok maintained a Minnesota dealer's license from the Minnesota Department of Public Safety as a parts dealer. He also had a hazardous waste generator's license from Anoka County. As required by some of the permits, Mr. Haluptzok had installed several physical improvements on the site in order to be in compliance with current requirements and to meet best management practices for operation of this type of facility. Mr. Sedarski stated he wanted to discuss the twelve stipulations. The first stipulation said the building would be metal with a brick veneer. The current building was metal with brick on not quite one-half the side on the front. Approximately two to three feet of the front of the building was brick The remaining portion of the front, the sides and the back were metal and not highly visible from the street. Mr. Hickok said that in their recommendation, they did not want to or choose to lose any of the original stipulations if there was any sort of damage to the building. He said the building was in compliance. Mr. Sedarski said they need clarification from staff on the timetable for improvements. He asked if it was related to the improvements that currently needed to be done. Mr. Hickok said it was and that some improvements were still necessary. It was part of the 1973 stipulations and, again, they did not want to lose any of the 1973 or 1982 stipulations. Mr. Sedarski said that the drainage problem would be taken care of. He said they understood that 73 '/z Avenue and 73rd Avenue occasionally flood as a result of heavy rains. If they paved the property they were looking at possibly aggravating the condition. Mr. Hickok said the stipulation alluded to the original storm water management issues that were standard today. If a hard surface was required, it would need to be reviewed. The petitioner would need to submit engineering details about what the runoff would be, and they would need to manage their water offsite in a predevelopment state. Mr. Sedarski stated they agreed there was a need to figure out the drainage for the site and that it did not necessarily just include that particular site. They requested that the City look at other options besides just hard-surface paving. He said they agreed with the stipulation requiring them to keep cars stacked lower than the fence. They also agreed with the stipulation that no cars except employee and customers cars were to be parked in the parking lot outside the fence. Signs would be put up. With respect to the stipulations about driveways and limited access to FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 11 73 '/z Avenue, he stated there were three gates from the property on 73 '/z Avenue. Two were actively used. The third was in the middle of the property and was used to access the paved area that the auto glass business was using. Mr. Hickok stated access should be limited. Mr. Sedarski said they agreed that solid screen fencing should be placed completely around the property and maintained in excellent condition. They agreed to upgrade the fence and gates within one year as staff recommended. With respect to the requirement that additional landscaping be placed along the screen fence at 73 '/z Avenue, he said they wanted to find out if it was supposed to be outside or inside of the fence. Mr. Hickok said certain setbacks were required. When the curb and gutter and asphalt were put in place, the area between the curb and gutter and the property line needed to be managed and landscaping was the obvious solution. Mr. Sedarski said with respect to the stipulation that the concrete driveways e�tend a minimum of 10 feet beyond the screening fence and the property from the street, all three access driveways are paved. He said he believed two were concrete and one was asphalt. Mr. Hickok said the intent was to have the concrete apron meet concrete curb and gutter. Mr. Sedarski said they agreed to work with staff in determining the nature of the drainage problems and the possible solutions and to prepare a drainage plan. With respect to the stipulation regarding the time of construction, they would consider underground sprinkling, driveways, and parking that would comply with City zoning code requirements. They agreed to work with staff in determining drainage solutions and alternatives to paving the entire yard where processed salvage vehicles are parked. They also agreed to follow licensing procedures and do what they needed to do in order to secure the special use permit and any other business licenses that were needed. Councilmember Bolkcom asked if there was any difference between asphalt and concrete. Mr. Hickok stated it was not an unusual standard at a juncture where vehicles, especially heavy vehicles, were changing elevation. Mr. Jon Haukaas, Public Works Director, stated concrete aprons were commonly required. They were generally required in an industrial or manufacturing district with heavier traffic. Mr. Sedarski stated with the additional paving, sewer, landscaping, and fencing requirements, they would like the City Council to consider their proposal which included upgrading and maintaining the fence around the entire yard and the three fences also that lead into the property. The fencing and gate upgrades would be completed within a year as recommended by staff. He said they proposed to install and maintain additional landscaping along 73rd Avenue. As he understood the stipulation, the landscaping would be in front of the facility and not within the fencing. He said they also agreed to park incoming salvage vehicles on a paved surface until the FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 12 fluids and other materials could be removed. They agreed to process incoming vehicles within a week of arriving at the site. They would like to work with staff to determine what the storm water runoff issues were as well as any possible solutions. They were considering grading of the storage yard to improve site drainage. Their proposal included installing a recycled asphalt product which was basically a recycled bituminous that would be used as a base in the yard. Once the grading was done and approved by the City, they would install the recycled asphalt product throughout the entire yard. They proposed to do this within a reasonable time frame and would work with staff in determining the specifications for a grading and drainage plan. Councilmember Bolkcom asked what was a reasonable time. Mr. Sedarski replied if it were their option, they would ask for three years to implement the plan. Upon approval, they would prepare and implement a site-specific storm water management plan. The reasons for their proposals were based on practicalities and expense. The operations in the yard are such that there was a front-end loader that moved materials around. If they were to install asphalt, the asphalt would tend to be chewed up by the operation of the front-end loader as well as other heavy vehicles. Mayor Lund asked for staff's reaction. Mr. Haukaas said they used it in road bases. It was a gravel product that had a higher oil content than the standard crushed limestone. It packed down very well. Mayor Lund asked about the sprinkling system. Mr. Sedarski stated he was not aware of any irrigation system at the facility at this time. He said, when creating the drainage and grading plan, they would work with staff and determine how to set it up so that curbing would not necessarily be required. Mayor Lund asked if parking at the business was in compliance at the present time. He asked if they needed additional parking. Mr. Hickok said they would not if they kept the current parking lot cleared. Mayor Lund said something needed to be done about the silt sedimentation, car parts, and other things that came from the parking lot, down the street and got caught in the catch basin. Councilmember Bolkcom stated she was concerned that they just received the letter from Mr. Sedarski and some of the proposals were not contained in the letter. She said she would like further information on this matter. Mayor Lund stated they could continue this matter for further evaluation. MOTION by Councilmember Barnette to continue the public hearing to August 11, 2003. Seconded by Councilmember Billings. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 13 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. ALLEY PAVING PROJECT NO. ST. 2003-3 (CONTINUED FROM JUNE 23, 2003 . MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Haukaas stated this was the continuation of a public hearing for an alley paving project. This project involved paving three through gravel alleys that connect between two City streets. It would be assessed 100 percent to the adjacent properties. At the Council meeting on June 23, there was some discussion as to how that cost would be allocated. Originally they looked at a lot width division of the costs. It was proposed to divide it equally. Since that time they have received bids for the project and have come up with some actual prices. A letter explaining this project was sent to every resident after the meeting on the June 23. MOTION by Councilmember Bolkcom to receive a memorandum dated June 22, 2003, from Mr. Haukaas about alley assessment options. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to receive a letter, subject "Continue Public Hearing on Alley Paving Project" from Layne Otteson, Assistant Director of Public Works, dated June 26, 2003. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked Mr. Haukaas to review the options. Mr. Haukaas said there were three alleys. One was between and parallel to Anoka Street and Arthur Street from Mississippi Street north to 66th Avenue. There were 15 properties along that alley. There was no consideration given as to whether they had a driveway to the alley. In assessing the benefit, you could not always look at what was there, but what could be there. There was nothing stopping someone from removing a fence and putting a driveway in from the back That possibility was always there; therefore, that benefit was always there. The other two alleys were from East River Road to Ashton Avenue between 62"d Way and 62 '/z Way and between 62 '/z Way and 63rd Way. There were a total of 20 properties on those two alleys. He said they received quotes from several contractors. Based on the lowest contractor's price, including some contingency in case there were unexpected expenses, they came up with a cost FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 14 for the Anoka-Arthur alley of $15.80 per foot or at a per capita of $1,263.61 each. For the East River Road alleys, the assessment would be $15.30 per foot or $1,308.48 per property. Councilmember Bolkcom asked if the residents received this information or just the letter. Mr. Haukaas said they received the letter. They did not have the exact figures at that time. What they have done in the past is to provide an approximate amount during the public hearings. There would be a final assessment hearing at which time the exact figures would be sent to the individual properties. Councilmember Bolkcom stated with respect to the Anoka-Arthur project, if they used the per capita amount, it would almost double the cost. With respect to the 63rd Avenue project, it would be less per capita. She said she could not draw a conclusion that would be fair. Councilmember Barnette stated he thought there was another option. He said there was the possibility that the City could pay for those alleys since it was requiring hard surface driveways. Councilmember Bolkcom asked about other alleys. Councilmember Barnette stated they would say that these were the only three that would fall under this issue. Mayor Lund asked Mr. Haukaas how many alleys in the City were not paved. Mr. Haukaas said he thought it was in the range of 30. Councilmember Barnette stated but those are alleys that are not currently being used. Mr. Haukaas said he was referring to alleys that were being used. He said they were taking this in steps. Ne�t, they were going to look at the alleys that were not through alleys and then the alleys not being used at all. Councilmember Bolkcom stated their idea was that after they were paved, the City would maintain them. Councilmember Billings asked for the combined total of the driveways. Mr. Haukaas said there were 1,800 feet of platted lot width. Councilmember Billings asked if he had any kind of a guess as to what the total length was for the rest of the alleys in the survey. Mr. Haukaas said he did not have that information. Councilmember Billings asked if he knew how many alleys did not go all the way through but were being used. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 15 Mr. Haukaas said there were around 15 to 20. He said there would be problems if they paid for them now and did not pay for them in the future. He thought they would be looking at around $250,000 to pave all the unpaved alleys. Councilmember Billings said if they made this change, they needed to consider that it was going to be a$200,000 not a$40,000 change. He said they needed to keep in mind the many miles of alleys in the City that are already paved. There are also a number of parcels of property in the City that did not have any alleys and would not benefit at all by the City paying for alleys. He said their forefathers had the right program in mind when they assessed on a per-foot basis. Mayor Lund agreed. Ms. Heather Mewhorter, 39 — 62"d Way, stated she had a petition to close the alley between 62"a Way and 61 '/z Way. There were 10 houses on the alley. Eight homes were actually lived in and two where vacant. Of the eight homes, six have signed the petition. They would like private drives made at the Ashton end and one at the East River Road end for three of the driveways. Mayor Lund asked if it was feasible for the people who used the alley to put a driveway to the front street rather than to the alley. Ms. Mewhorter said it was not. Mr. Chris Mewhorter, 39 - 62"d Way, said that when they platted the lots in the 1850's, the reason they had the alleys was so the coal carts could use them to drop coal off in the basement of the houses. Mayor Lund said he was not opposed to what they were requesting, as long as there was access for the remaining property owners and this was physically possible. Ms. Mewhorter said two houses on the East River Road side were actually the last houses on the alley on both sides of 62"d Way and 62 '/z Way. The one house on the Ashton side was the second one in, but it was not that far, so it could easily be made a turn-around just for their driveway. Councilmember Billings asked where the vacant homes were. Ms. Mewhorter said 23 and 3 5. Councilmember Billings asked which of the four had not signed the petition. Ms. Mewhorter said it would be 23, 35, 80 and 6175. Mayor Lund stated it was an interesting proposition that should be looked into. He suggested continuing the matter. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 16 MOTION by Councilmember Bolkcom to receive the petition. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Mewhorter asked about the commuter rail system and the assessment being spread over 10 years. Mayor Lund replied the commuter rail project was not being pursued at this point. Ms. Sheila Denney, 20 - 63rd Way, stated she did not use the alley and never had. She said there was a small garage in back of her property adjacent to the alley but it was used for storage. There was a large garage and driveway that came off of 63rd Way. She did not feel they should be charged per foot. She thought dividing it between the property owners would be fair. Councilmember Barnette asked if any of the other people in that area used the alley for any reason. Ms. Denney said she thought there was one property on the East River Road end that used it. She did not know of anyone going down the alley except for the garbage truck every week. Mayor Lund stated this could be another one that could be vacated. Councilmember Barnette asked Mr. Hickok if the alley was vacated did the land go to the property owner. Mr. Hickok, Community Development Director, said that was typically the case. Councilmember Barnette asked how it would affect taxes. Mr. Hickok replied there would be some additional square foot dimension. Councilmember Billings asked Ms. Denny if she would be willing to take a petition to her neighbors to see if they wanted to have the alley vacated. Ms. Denney said she would. Mr. John Schwint, 1535 Mississippi Street N.E., said he was on the corner lot and his driveway went out to Mississippi Street. On the alley side of his lot there was a 6-foot wide lilac hedge. His property was also tiered and to change the elevation would cost more money than it would to pave the alley. It made no sense to him to charge him for an alley that he did not use, especially when the people on the west side had total access to it. He wondered if they could make it a private drive. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 17 Mayor Lund said there could still be problems. Neighbors did not always remain friends and people moved. Mr. Schwint stated he agreed that the alley needed to be paved. He asked about paying a percentage. Mayor Lund said what Mr. Schwint was suggesting was that those who had access or used the alley should pay a higher percentage. Mr. Schwint replied that his projected assessment was $1,900. The assessment for the people who used the driveway on a full-time basis was maybe $900. He said he did not see the benefit of an improvement. Councilmember Bolkcom asked Mr. Knaak how the assessment was determined. Mr. Frederic Knaak, City Attorney, replied the benefit was the improvement or the increment to the value of the property as the result of the improvement. Dr. Burns asked Mr. Haukaas if there was a way he could calculate the portion of the benefit for these projects that would be represented in storm drainage. Could he say that half the benefit was the storm drainage benefit as opposed to a resurfacing benefit? Mr. Haukaas replied he did not know if he could qualify it on a percentage basis. Obviously there was some benefit. Mr. Richard Kedrowski, 6584 Anoka Street, said Council talked about possibly vacating two alleys. It would significantly decrease the amount they would be paying. He said there was one 40 foot lot, numerous 60 foot lots, a couple 80 foot lots and a few 120 foot lots. With the per foot charges, the 120-foot lots would be paying $1,896; and the 60 foot lots would be paying $948. If they did an across the board cost per house, the 60 foot lots would see an increase of $294 and the 120 foot lots would see a decrease of $653, which was more than fair because they were not using the alley. Mayor Lund said he was amenable to that. Ms. Judy Green, 6544 Anoka Street, stated about two years ago, she had her garage near the alley taken down and built a new one that faced Anoka Street. She did not think it was fair that she should have to pay for the people using the alley to get to their garage. She said if they were going to assess it she thought it should be per use. Mr. John Lund, 6553 Arthur Street, stated he started the petition originally last year to pave the road and it was voted down. He talked to a lot of people and he did not think they had a problem with splitting it per piece of property. Mr. Mel Kocinski, 43 — 62 '/z Way, stated he did not use the alley and it would be of no benefit to him. He asked what would happen if the alley was vacated. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 18 Mr. Knaak replied he just wanted to explain that with any plat with a roadway there was an easement for road purposes. If it is vacated and the easement is gone you would not have to worry about what was on the easement or the public access. The alley would be gone as well as the right to use the alley. Mr. Haukaas said he believed Mr. Kocinski was asking the City would barricade the alley once it was vacated. That was something they could do, but it had not been discussed. It would be his recommendation that the City take some kind of positive action to barricade the alley until it was taken over by the adjacent properties. One issue they needed to look at was in vacating the alley 6275 only got the right to half of the alley, and it was not wide enough to drive on. Councilmember Billings stated if they vacated it from the east property line of 6275 going east which would mean that 6275 62"d '/z Way and 6245 really would not have the alley behind their property vacated because it would be necessary to keep it open for 6275. Mr. John Denney, 20 63rd Way, asked about the telephone poles. Councilmember Billings replied that they would maintain a utility access over the property. Councilmember Bolkcom asked Mr. Haukaas how long he would need to look at this issue. Mr. Haukaas said he thought he could get a staff report back to them by the ne�t Council meeting. He did not know if the petition process would be completed by then. Councilmember Bolkcom asked if the proposal was feasible. Mr. Haukaas said they could contact them. MOTION by Councilmember Bolkcom to continue the public hearing until the meeting of August 11, 2003. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OLD BUSINESS: 12. RESOLUTION ORDERING FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: ALLEY PAVING PROJECT NO. ST. 2003-3 (TABLED JUNE 23, 2003). MOTION by Councilmember Billings to table the resolution until the August 11, 2003, City Council meeting. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 19 13. RESOLUTION RECEIVING FINAL PLANS AND SPECIFICATIONS AND OBTAINING QUOTES: ALLEY PAVING PROJECT NO ST. 2003-3 (TABLED JUNE 23, 2003). MOTION by Councilmember Billings to table the resolution until the August 11, 2003, City Council meeting and to direct staff to delete any reference to the two alleys between East River Road and Ashton. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 14. APPROVE CHANGE ORDER NO. 1 TO HICKORY WATERMAIN PROJECT ADDING ALLEY PAVING PROJECT NO. ST. 2003-3. MOTION by Councilmember Bolkcom to table Change Order No. 1 to Hickory Watermain Project. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15 APPROVE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF FRIDLEY AND WSB & ASSOCIATES, INC. FOR ENGINEERING SERVICES RELATED TO THE SPRINGBROOK WATERSHED PHASE II IMPLEMENTATION PROJECT. Ms. Julie Jones, Planner, stated the advisory committee for the Springbrook Watershed Project spent the last year evaluating options for reducing storm water flows into the east inlet of the Springbrook Nature Center. On June 26, they approved a proposal from WSB & Associates, the City's engineer consultant, to complete final design on what they have selected as the best option for protecting the east inlet of the Nature Center. That option was to expand the existing storm water pond at the corner of 85th and University Avenues. The funding was in place. It had been sitting in the grant money management fund since last year. Approval of this agreement was a legal formality for them since Fridley was the lead agency in this multi-city project. Councilmember Bolkcom asked if Blaine and Spring Lake Park were still involved with the proj ect. Ms. Jones replied she understood that Blaine had approved the project in concept and set aside future monies for the construction phase of the project in their budget for this year. All the cities that are partners in this project were represented on the advisory committee and were involved in the motion to accept this proposal from WSB at their June 26 meeting. She said that no matter what happened with the Nature Center, they still had storm water issues on that property that needed to be resolved. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 20 MOTION by Councilmember Bolkcom to approve the professional services agreement between the City of Fridley and WSB & Associates, Inc., for engineering services related to the Springbrook Watershed Phase II Implementation Project. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15A. AUTHORIZE EXECUTION OF THE SETTLEMENT AGREEMENT WITH BRANDES PLACE LIMITED PARTNERSHIP. MOTION by Councilmember Billings to authorize the Mayor and City Manager to execute the document entitled, "Settlement Agreement and Release" dated July 14, 2003. Seconded by Councilmember Bolkcom. Mr. John Baker, an attorney appointed by the League of Minnesota Cities Insurance Trust, stated this involved Brandes Place Limited Partnership in an action arising out of the failure to approve three applications in October of last year. They reviewed the case, evaluated the merits and the City's position, and after a mediation that occurred, they were able to reach an understanding with the plaintiffs in the case by which the matter could be resolved under terms that they considered to be acceptable and appropriate. That agreement has now been reduced to a settlement agreement and release, and one exhibit that was a tenant handbook for the proposed project, and another exhibit that was a Right of First Refusal document that related more to how ownership was likely to change in the future. Mr. Baker stated there were different elements of the settlement. The first involved Brandes Place's full and complete release of the City and all its officials and representatives from all claims and damages without payment from the City or League of Minnesota Cities Insurance Trust. A second part of the settlement involved efforts that Brandes Place would make to create the possibility of owner-occupied units at the end of the 15th year of the project. A third element involved components that were really designed to maximize the likelihood that the project would be successful and the residents would be perceived as desirable neighbors and citizens. Mr. Baker stated the release would release the City of all claims relating to past damages. There was an allegation specifically that the City had caused the plaintiff to incur an additional $75,000 in delay damages. That claim was being released. It would also release the City from all future damages. There were two such claims: an allegation that $1.4 million in financing was lost or would be potentially lost, and that $1,000 of out-of-pocket architectural fees and other costs had been incurred. They also released the City from any claims involving civil penalties, attorneys fees, or damages. Also, each side was to bear their own attorneys fees. Mr. Baker stated the second element involved the orientation of the project after year 15 to owner-occupant ownership. The plaintiff's financing with low-income housing tax credits really required the project be maintained as rental for 15 years, and it was also important for financing reasons that it remain affordable thereafter. Under this settlement agreement, Brandes Place would take steps to set up legal structures for this project that would facilitate this legal transition after year 15 to an owner-occupied type setting. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 21 Mr. Baker stated the third component was that there were programs and projects that Brandes Place was offering in conjunction with the project. First, they would make training and counseling available to tenants focused on preparing tenants for homeownership whether as future tenants at year 16 or homeownership somewhere else. They agreed to set up a community advisory program which would be involved with the operations of the project on which neighbors in the area would be entitled to have two representatives appointed by the City Council. They also agreed to include certain language in their tenant handbook that was intended to cause the tenants' behavior to be strictly monitored and to provide certain circumstances related to nuisance-type tenant behavior within which there could be evictions. It also provided for intensive screening of all prospective tenants. Mr. Baker stated the City would agree to approve the applications that were not approved in October. He said they believed this was an appropriate settlement document. They worked closely with the plaintiff's lawyers in trying to make sure the language in the settlement agreement achieved what they believed the City was seeking to achieve. MOTION by Councilmember Bolkcom to receive a letter from the Reverend Joseph Whalen, Pastor, The Church of St. William, dated July 14, 2003. Seconded by Councilmember Barnette. Mayor Lund stated the letter indicated Father Whalen was unable to comment on the terms of the agreement or endorse it because the church was not a party to the mediation. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Reverend Joseph Whalen, Pastor, The Church of St. William, stated that he appreciated that his letter was on record. He said he simply wanted to appear before Council to publicly affirm their very serious concerns that, as the property owner, they had not been included in the mediation process. They had some serious concerns about the direction of the litigation, and they had some ongoing questions. They had not given their consent to the agreement, they did not know the contents of the agreement, and they found the agreement rather irregular considering the fact that it did not include the property owner. Mr. Knaak, City Attorney, said the parish was not a party to the litigation and because it was not a party, it was not involved in the solution to the litigation. Mr. Dick May stated he was a member of the board for The Church of St. William, and he was curious as to how the City could give permission to somebody to build something if they did not own the land. Mr. Knaak said there was no answer at this point. Representations were made to the City and the City was entitled to rely on those representations. Mr. Chuck Jones, President of The Church of St. William Parish Council, stated whatever took place, they did not know about and they were not in agreement. They were not consulted on any of this and they did not know how the City could rezone property they did not own. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 22 Councilmember Barnette stated from the very beginning when he first heard about the possibility of this project, personally and as an elected representative of Fridley, he was opposed to it. On a democratic vote of this Council, it was voted 3-2 not to approve the initial requests. At that point he thought the issue was over with. Through some technicalities, the City was taken to mediation. They were not given much choice. They were told by the attorney representing the League of Minnesota Cities that if they continued with this suit, they were going to lose. He said he felt strongly that the people who represented Brandes Place did not take into account the residents of Fridley. He thought the decision would have far-reaching repercussions both to the residents and The Church of St. William. He asked if St. William's owned the land, how the land deed changed. UPON A VOICE VOTE ON THE MAIN MOTION, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. SPECIAL USE PERMIT REQUEST, SP #03-10 BY TOM GROTE FOR MERCY AND UNITY HOSPITALS, TO ALLOW AN EXPANSION TO UNITY HOSPITAL, GENERALLY LOCATED AT 550 OSBORNE ROAD N.E. Councilmember Bolkcom stated she just wanted to make sure they had an understanding that they were taking care of the outdoor storage issue, the construction debris, and the parking issues. Mr. Hickok, Community Development Director, stated they were very comfortable with the stipulations. Councilmember Bolkcom stated she read the minutes and thought it left it up to petitioner about whether it was being taken care of. They were really in close proximity to the neighborhood. Mr. Hickok stated they shared her concern. Councilmember Bolkcom asked if there was a strategic plan for Unity and Mercy Hospitals. Mr. Gary Alberts, Unity Hospital, stated that they were in the process of revising their strategic plan which spreads out beyond five years and involved both Unity and Mercy campuses. This project was outside of the plan. Councilmember Bolkcom asked if there would be more construction. Mr. Alberts said that as the campuses continued to grow and they continued to look at the needs of the community, it would undoubtedly grow. Councilmember Bolkcom asked if he thought they had outgrown their campus. Mr. Alberts said they had not. Mayor Lund asked if the issues had been addressed. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 23 Mr. Hickok said they had. Councilmember Billings said there was a modification to Stipulation No. 4. Mr. Hickok stated there was rewording of that stipulation about loose construction debris. MOTION by Councilmember Bolkcom to approve Special Use Permit Request, SP #03-10 by Tom Grote for Mercy and Unity Hospitals, to allow an expansion to Unity Hospital, generally located at 550 Osborne Road N.E. with the following stipulations: 1. The petitioner shall obtain any required permit prior to the start of construction. 2. The parking lot shall be restored to Code requirements for paving, curbing, and painting after the addition is completed. 3. No outdoor storage of equipment or materials along the south side of the maintenance building. 4. The subject property shall be maintained free of any loose construction debris in and around surrounding area. 5. Construction vehicles shall not bring materials before 7:00 a.m. or after 9:00 p.m. 6. Salt shed shall be removed prior to issuance of a building permit for the proposed expansion. 7. The addition shall be architecturally compatible with the existing building and finished with complementary siding and color scheme. 8. The City reserves the right to require additional parking should the demand of the facility warrant it. 9. Any further expansions to the hospital will require the hospital to meet City code requirements for hard surface parking. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. INFORMAL STATUS REPORTS. Dr. Burns, City Manager, stated the League of Minnesota Cities recently honored the City with a 2003 City Achievement Award for innovation and excellence in communications for the City newsletter. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 PAGE 24 ADJOURN. MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE JULY 14, 2003, CITY COUNCIL MEETING ADJOURNED AT 11:23 P.M. Respectfully submitted, Denise M. Letendre Recording Secretary � � Scot���ur� Mayor