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11/19/1990 - 00006649� � � �67 THE MINUTEB OF TAS REGIILAR MEETINa OF TAE FRZDLEY CITY COUNCIL OF NOVEMHER 19.1990 The Regular Meeting of the Fridley City Council was called to order at 7:32 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL� MEMBERS PRESENT: MEMBERS ABSENT: PROCLAMATION• Mayor Nee, Councilwoman Jorgenson, Councilman Fitzpatrick and Councilman Billings Councilman Schneider STATE CHAMPIONSHIP FOOTBALL DAY, NOVEMBER 23, 1990: Mayor Nee read and issued a proclamation proclaiming November 23, 1990 as State Championship Football Day in the City of Fridley. He stated that Fridley's football team is the champion of Region 5A in the North 5uburban Conferenae and will play for the State title on Friday. He stated that regardless of the outcome of this qame, there will be a welcome home reception at 9:15 p.m. on November 23, 1990, and he encouraged all citizens to attend the game at the metrodome and the celebration afterwards as a tribute to the young men and their coaches for a championship season. APPROVAL OF MINUTES: COUNCIL MEETING, NOVEMBER 5. 1990: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee dealared the motion carried unanimously. SPECIAL COUNCIL MEETING. NOVEMBER 13. 1990: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee requested that Items 2 and 3 on the agenda be reversed. G6U FRIDLSY CITY COUNCIL MEETING OF NOVEMBER 19 1990 PAGE 2 � MOTION by Councilman Fitzpatrick to adopt the agenda with the above change. Seconded by Counailwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee announced that the first part of the agenda this evening concerns the budget and tax proposal. OPEN FORUM. VISITORS: Mr. John Ness, 6425 Baker Avenue, stated tha� he has lived at this address over twenty years, hut lately has had trouble with people complaining about his property. He stated that he received a ticket for his truck parked in his yard. He stated that the ticket should not have been issued as the ordinance states that if the truck is in the street over 24 hours, he could receive a ticket, but the truck was in his driveway. Mr. Ness stated that there are businesses and bars where he stops and might spend some time. He stated that he only has two beers a day and did not mind being stapped ten times a year. He stated that he has encountered the problem where the bar owners do not want him sittinq in the bar. He questioned if they can legally keep him from patronizing their business. � Mayor Nee stated that he believed an owner had the right to control his business. Mr. Gregg Herrick, representing the City Attorney's Office, stated that in regard to a bar or commercial establishment, under the law, the owner of the bar is a licensee and they allow a person to be on their premises, but also have the right to restrict anyone from being on their property. Councilman Billings stated that the Council does not have any authority regardinq whether or not a business owner can pick or choose who they allow on their premises. He stated that this is not a restriction the City can impose on a business. Mr. Ness stated that he has been going to this business over 25 years and now they are acting like he should not be there. He stated that he wanted to let people know what was going on. He stated that there are some City employees who sit next to him and listen to what he talks about, and he wondered if the employees could have identification tags that they wear during working hours. He stated that you know someone is looking for trouble when they start asking questions, especially when they are working for the City. Councilman Billings asked if there were City employees in this bar � during working hours. �6� FRIDLEY CITY COIINCIL MEETINQ OF NOVEMBER 19. 1990 PAG$ 3 � Mr. Ness stated that there are City employees that may go over there and eat. He stated thati he had trouble in the past with regard to someone going through his taxes and trouble with the loan on his home. Mayor Nee asked Mr. Ness to outline his concerns in a letter so that they may be addressed. Mr. Ness stated that he would comply with Mayor Nee's request. Mr. Dave Larson, 6401 Baker Avenue, stated that he was a neighbor of Mr. Ness and concurs with Mr. Ness' comments. Mr. Ness stated that there is a lot going on where he lives. He stated that the Focus put a bad article in the paper regarding his house. Councilwoman Jorgenson asked when this article appeared in the Focus. Mr. Ness stated that probably in the last several years. He stated that there is a couple in the neighborhood wha call the police because he whistles to say "Hi". � Mr. Ness asked for Mayor Nee's phone number which was given to him. Mr. Richard Harris, 6200 Riverview Terrace, asked what direction the City is taking in regard to the recycling center and, in particular, the closing of the oil dump. Mayor Nee suggested that Mr. Harris voice his concerns and comments when the public hearing on the solid waste abatement fee is addressed later on in this meeting. PUBLIC HEARING• 1. BUDGET FOR THE FISCAL YEAR 1991: MOTIQN by Councilman Billings to waive the reading of the publia hearing notice and open the public hearing. 5econded hy Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the publia hearing opened at 7:52 p.m. Mr. Burns, City Manager, stated that it was a pleasure to present the annual budget for the City of Fridley. He stated that this year's budqet provides for no new services. He stated that he would focus on the budgeting process and some of the issues that arose during this process, changes in the 1991 budget compared with � the 1990 budget, the tax impact of the 1991 budget, the financial health of the City, and the conclusions. a��r� FRIDLEY CITY COUNCIL MEETINt3 OF NOVEMBER 19. 1990 PAGE 4 � Mr. Burns stated that the 1991 budgeting process began with a Council goal setting retreat. He stated that at this retreat, some broad goals were established, followed by departmental goal setting, and a review of the City's five year capital improvements plan. Iie stated that the department managers were requested to bring their departmental budgets forward by April, 1991. He stated that these were reviewed, and the budget was compiled for presentation to the City Council. Mr. Burns stated that the Council received the preliminary draft budget in June, 1991 and met in three budget work sessions to review the budget presented by staff. He stated that a number of issues were discussed, one being comparable worth. Mr. Burns stated that the City must comply with State legislation and demonstrate a"straight line" correlation between the salaries of male and female employees who work at jobs requiring the same skill, effort, responsibility and working conditions by the Decemher 31, 1991 deadline. He stated that in order to make these comparable worth adjustments for female employees the cost would be $23,077. Mr. Burns stated that the Council also deliberated over a request by the Fridley Fire Chief to implement an annual occupancy permit system in Eridley. He stated that this proposal would require aommercial and industrial property owners to apply for and receive � an annual occupancy permit, He stated that this would require an inspection to determine if the property was in compliance with all City codes to make sure property values are preserved in the City. He stated that the Council did not agree with hiring an additional inspector, but agreed with this proposal for an annual occupancy permit and suggested staff implement the program or portions of the program with existing personnel. Mr. Burns stated that the Council reviewed personnel cutbacks in the amount of $53,084 recommended by staff. He stated that these were mostly part-time positions and were accepted by the Council. Mr. Burns stated that the Council did eliminate $40,000 from staff's request for the replacament of Public Works equipment. He stated that about $185,000 was included in the budqet for several park capital improvements. He stated that the construction of an activity building was proposed at Commons Park and replacement of the concession stand at the Little League facility. He stated that the Council raised questions about these improvements and asked how these projects compared with the need for a Senior Center. He stated that $185,000 was left in the budget, but it is not designated at this time. Mr. Burns stated that the Council discussed a number of fee issues. ' He stated that one such fee was a fire impact fee which is an asse�sment of .1 percent for any new construction in the City. He stated that this fee would provide for future purchases of fire V�Y FRIDLEY CITY COUNCZL MEETIN� OF NOVEMHER 19, 1990 PAGE 5 ' equipment. He stated that a yard waste drop off fee was requested to help offset the City's costs for monitoring the yard waste site and for hauling Fridley's accumulation to the County's compost site. Mr. Burns stated that in October, 1990, a$3.00 per trip fee was approved for those using the yard waste site. Mr. Burns stated that a$2.50 per quarter recycling fee is proposed to be charged to all residences up to four family dwelling units. He stated that this fee would offset inoreasing costs for the State mandated recycling programs. Mr. Burns stated that total expenditures for a11 funds, excluding enterprise funds, is $224,&93 more than the Z990 budget or about a 2.2 percent increase. He stated that expenditures for General Fund operations have increased, but it is offset by a decrease in capital improvement spending of $53,500. Mr. Burns stated that the General Fund budget of $8,968,759 is almost $94,000 more than 1990, but only about a 1 peraent increase. He stated that components of the General Fund include personal sarvices, supplies, contractual services, and capital outlay. He stated that personal services increased about $500,000 or 8.4 percent. He stated that this increased cost is for a 4 percent cost of living increase and merit step increases ($310,509), increased Workers� Compensation costs ($82,934), employee health � insurance costs ($51,150), and costs associated with the State mandated comparable worth legislation ($23,077). Mr. Surns stated that in the area of supplies, the increase is $15,165 or 3.2 percettt. He stated that this increase is largely attributable to the Public Works Department for maintenance supplies. He stated that for contractual services, about a$30,000 decrease is projeated, down about 1.8 percent. Mr. Burns stated that there are some increases in this area for janitorial services, utilities, energy costs for operation of the traffic signals and street lights, a biannual police assessment center process for use in the preparation of a police promotional eligibility list; however, there are also a number of reductions. He stated that some of these reductions involve mavement of the recycling from an internal fund to a solid waste abatement fund and suspending the use of an outside consultant for the strategic planning retreat. Mr. Burns stated that capital outlay expenditures have been reduced $242,242 from 1990 or a 43.1 percent decrease. He stated that the significant changes are reduced e�cpenditures for computer hardware and software and for public works maintenanoe equipment. He stated that most departments show a decrease in capital outlay costs; however, the Fire Department has projected an increase for replacement of the department's self-contained breathing apparatus. ' Mr. Burns stated that $482,961 is budgeted for the Special Revenue Funds which represents an increase of $184,538 from the 1990 budget. He stated that most of the increase is due to the ��ti FRIDLEY CITY COUNCIL MEETING OF NOVEMSER 19, 1990 PAGS 6 � establishment of the Solid Waste Abatement Fund or expansion of the City's recycling program. He stated that the Cable Television Fund decreased by $5,228 or 6.7 percent, and the Grant Management Fund decreased by $27,593, mostly due to the removal of recycling from this fund. He stated that the Solid Waste Abatement Fund was established to account for funding of the City's solid waste abatement programs. He stated that of the $217,359 of planned expenditures, $160,857 is earmarked for the curbside recycling program. He stated that $25,000 is for the operation of the yard waste site and $20,000 for a tire recycling day. He stated that if a recycling fee of $2.50 per quarter is levied, this should qenerate about $74,000. Mr. Burns stated that the budget for the Capital Project Funds is about the same as the 1990 budget. He stated that $641,OD0 is provided in the Street Improvement Fund; $202,500 has been appropriated for the Parks Improvement Fund; and $203,000 in the General Capital Improvement Fund. Mr. Burns stated that the Enterprise Funds consist of the Water Fund, Sewer Fund, Storm Water Fund, and Liquor Fund and it has increased by $468,453 or by 8.2 percent. He stated that the $203,041 increase in the Water Fund is partly due to the additional depreciation costs of $54,664 and a$6,970 interfund charge. He stated that the other increases are for personal and contractual � services, a State mandated well permit fee, equipment purchases, and debt service. Mr. Burns stated that the $133,882 or 6.6 percent increase in the Sewer Fund is due to increased charges by the Metropolitan Waste Control Commission amounting to $51,225, an increase for replacement of vehicles ($70,513), and depreciation costs ($10,113). Mr. Burns stated that the Storm Water Fund expenditures have increased $79,647 due to increased depreciation costs for projects, and $90,000 is appropriated for several storm sewer projects. Mr. Burns stated that the Liquor Fund budget has increased $51,883; however, expenditures may change as liquor operation improvements are implemented. Mr. Burns stated that Minnesota has a very complicated property tax system, and a taxpayer's total tax bill is the sum of the tax capacity rates for all of the taxing jurisdictions that operate within the boundaries of the City. He stated that the estimated tax capacity for the City as a whole is the tax value of all property located within the City less any of the value that is lost to either fiscal disparities or tax increment financing programs. ' He stated that after estimating the City's tax capacity rate, it has been determinad that the City's portion of 1991 taxes on the average Fridley home (valued at $78,900) would increase from $131 O7J FRZDLEY CITY COUNCIL MEETING OF N09EMBER 19, 1990 PAGE 7 � in 1990 to between $139 to $143 in 1991. He stated that the size of the increase would depend on the taxable value of property within the City, the value of property dedicated to tax increment financing, and the amount of HACA distributed by the State. Mr. Burns stated that the City property tax is dependent on: (a) changes in the value of your property; (b) changes in the value of property within the City as a whole; (c) the amount of the allowable 3 percent levy increase the City chooses to use; (d) the size of special levies; (e) the size of the State�s local government aid and HACA distributions; (f) the size of the City's fiscal disparities contribution; and (g) the amount of the tax base captured by tax increment financing. He stated that as of this date, the City has not been provided with all of this information. Mr. Burns stated that the value of the City's 1991 tax certified levy is 5.3 percent greater than the certified levy of 1990. He stated that 2.2 percent is attributable to reduction in local government aid, another .2 percent is due to increases in the special levy that is needed to cover the unfunded accrued liability of the Police Pension Fund, and the remaining 2.9 percent can be attributed to the 3 percent inflation adjustment in levy limits allowed by Minnesota statute. � Mr. Burns stated that Fridley's taxes are generally lower than those in surrounding communities. He stated that Fridley's overall 1990 property tax burden for the owner of an $80,00o home ranks 64 among 95 metropolitan area communities that have populations of 2,500 or greater. He gave some comparisons of the tax on an $80,000 home in neighboring communities, which showed Fridley was the lowest. Mr. Burns stated that the City's fund balances are still relatively high, but have been decreasing over the years. He stated that in 1990 there was a decline in the General Fund balance by $1,573,113, and the 1991 budget projects this fund balance will decline by another $200,683. He stated that in looking at retained earnings that could be used for operations, these have declined by $3,230,824 or 9.2 percent. Mr. Burns stated that as State aid has declined, the City is relying more and more on other sources of revenue such as interest earnings and charges from user fees. Ae stated that the City will also seek to take advantage of interfund transfers. Mr. Burns stated that since 1980, expenditures have risen about 28 percent which is about 2.3 percent per year. He stated that a lot of this is due to personnel costs for social security, health insurance, and workers' compensation. He stated that the number � of employees has varied between 125 from 1980 to 127 in 1991. �7� FRTDLEY CITY COIINCIL MEETING OF NOVEMBER 19, 1990 PAGS 8 ' Mr. Burns stated that any approach to funding local government is largely dependent on the health of the local economy. He stated that Fridley taxpayers are not likely to benefit from a sudden economic boom. He stated that the population has decreased, unemployment is up a percent or so, and the number of jobs is declining slightly. He stated that the estimated value of new construction has decreased. Mr. Burns stated that, in conalusion, the budget maintains the current service levels. He stated that the 1991 budget is $224,893, or 2.2 percent greater than the 1990 budget, with the General Fund portion only 1 percent higher. He stated that while personnel service costs are up 8.4 percent, projected costs for supplies have increased by only 3.2 percent. He stated that projected costs for other services, charqes and capital outlay are down by 1.8 and 43.1 percent. Mr. Burns stated that all solid waste activities have bean consolidated within a newly created Solid Waste Abatement Fund. He stated that capital improvements are 4.9 percent less than projected in the 1990 budget. Mr. Burns stated that as State aid has decreased, expenditures have generally increased as costs for maintaining the current service ' levels have increased. He stated that the emphasis for 1991 is continued financial vigilance and creative development of alternative revenue resources. He stated that the City needs to continue to look for cost savings, develop new sources of revenue, and to the extent the economic environment permits, accomplish the incomplete redevelopment goals. Mr. Dave Larson, 6401 Baker Avenue, stated that he is a former school teacher and knows some of these budget items are above his head. He stated that he cannot comprehend what is happening to his tax dollar and felt it needed to be explained more simply. He stated that over the past nine years, he has seen an outlandish tax increase by over 20 percent. He stated that he did not know why some of the salaries were so high or why the City needed such highly qualified people. Mr. John Ness, 6425 Baker Avenue, stated that he has been in the contracting business a long time, and homes in his area have walls that are caving in and some should be removed. He felt it was outrageous that these houses are paying $900 to $1,10o a year in taxes and do not even look good. He commented about the Fire Department going into his home. Councilwoman Jorgenson asked why the Fire Department would be going into his home. � Mr. Ness stated that one of the City employees was only interested in looking at his electrical boxes, because he put light poles in ��J FRIDLSY CITY COIIHCIL MEETING OF NOVEMBER 19, 1990 PAGE 9 � his yard for the future. He stated that he felt bad about the garbage bill. He stated that he eats out, has very little garbage and did not feel he should pay a charqe on his garbaqe bill. Mr. Ness felt that perhaps some of the jobs could be eliminated in the City, and possibly a committee should be appointed to determine if those jobs are necessary. He stated that when he drives by Fridley High School, he observes four or five City trucks down there. He stated that he has seen several police vehicles in one area, and he has been the victim of robberies. Mayor Nee stated that the City would work with Mr. Ness on his problem, if the City was doing something wrong. Councilman Billings stated that Mr. Ness commented on the high taxes for homes in his area, but not all of this is the City's portion. Mr. Ness stated that a neighbor in his area pays $1,100 in taxes because he has a small addition. He stated that persons not living in their home pay $2,200 in taxes, and they are on welfare. Councilman Billings stated that on a$78,000 home, the City's portion of the taxes for 1941 would be about $144 per year. Ae � stated that he pays that much for garbage removal and felt the services the City provided were a lot more for the dollar. Mr. Ness stated that the residents will be charged a separate fee for recycling, he does not have that service and did not want to pay for it. Mr. Jack Itirkham, 430 - 67th Avenue, asked the value of the taxes captured by tax increment financing and the figure for the fiscal disparities. Mr. Burns stated that the City does not, as yet, have those final figures. Mr. Kirkham asked if the Council was aware of the movement to repeal the Fiscal Disparities Act. Mr. Burns stated that Hennepin County will push very hard for this act to be repealed in the next Legislative session. Mr. Kirkham stated that he would urge the Council to join with Hennepin County. Mayor Nee stated that he agreed with him totally. Mr. Burns briefly explained fiscal disparities where taxes on commercial and industrial property is divided, according to a � camplicated formula, among cities in the Twin Cities area. He U7i, FRIDLEY CITY COiJNCIL MEETING OF NOVEMHER 19. 1990 PAGE 10 � stated that those cities that have a good tax base, end up losers, and those cities that are primarily residential, end up winners. Mr. Mervin Herrmann, former City employee, stated that when he was working in the Assessor's Office, Minneapolis received about $8,000,000 from fiscal disparities, and Fridley lost about $2,000,000. He stated that now Minneapolis is paying about that much so he felt fiscal disparities would be repealed. Mr. Richard Harris, 6200 Riverview Terrace, complimented the City Manager on his presentation. He stated that he attended several of these budget meetings, and this was, by far, the best presentation. He stated that his only comment is that if the increase in the valuation does not materialize, how would this affect the budget figures. Mr. Burns stated that he did not have an exact calculation, but the City would have less revenue than anticipated. Mr. Aarris stated that the real estate market is very weak. He stated that Hennepin County is not anticipating any appreciation in their property values, and next year there may be a decrease. He felt that the City should consider a contingency, as the revenue may fall short of the projections. � Mr. Jim Glaser, 16 Rioe Creek Way, stated that he did not have a problem with the taxes on his home. He stated that, however, all the little fees the Council is adding is really a form of taxes. He stated that when the $3.00 was added at the yard waste site, there was rubbish dumped in his area. He felt that this fee was not the way to enhance the City. He stated that the City has to be conscious of the tax rate, and he would like the $3.00 fee eliminated and the time period to dispose of the leaves at the yard waste site lengthened. Mayor Nee asked Mr. Glaser is he had any suggestions on how to pay for this service. Mr. Glaser stated that he personally does not like the $3.0o fee. He did not feel that it was the way to keep the City clean. Mayor Nee stated that the reason the Council is looking at fees is because the State and Federal aids to cities have been reduced. He stated that the Council is trying to avoid any substantial increase in the property tax to offset these reduations. Mr, Glaser stated that waste is part of every community, but he has been aggravated by the fee and can see in his area where people just dump their yard waste. � Councilwoman Jorgenson stated that part of the problem was that the State passed legislation that yard waste could no longer be dumped � � � �i 7 r' FRIDLSY CITY COIINCIL MESTING OF NOVEMBER 19. 1990 PAGE 11 in the landfill. She stated that the City did a study on the solid waste issue, and the City commissions spent a great deal of time on this item. Councilwoman Jorgenson stated that the garbage haulers do not want to take the yard waste either. She stated that the City is receiving tremendous amounts of yard waste at the recycling site and that material has to be removed to Bunker Hills for disposal. She stated that the Council has to find a way to come up with funds to comply with the State mandate. Mr. Hansen, 7736 Lakeview Lane, asked about charqing the people who use the yard waste recycling facility. Councilwoman Jorgenson stated that there is a charge of $3.oU per trip. She stated that residents could keep compost in their own yards, and information on compostinq is available at Springbrook Nature Center. Ms. Connie Metcalf, 860 West Moore Lake Drive, asked when the Storm Water Fund was introduced. Mr. Burns stated that this fund has been in ef£ect for several years and is used for maintenance of the storm water system. He stated that this fee is shown on the water bill. Ms. Metcalf asked what the fncome was that was generated from the liquor sales. Mr. Burns stated that it varies from year to year, and it was $69,000 in 1989. He felt that the liquor sales would be better for this year and are projected to be over $100,000 next year. He stated that the liquor operations were studied this year, and he felt by implementing some changes, it could be more profitable. Ms. Metcalf asked when it will be determined if the City will stay in the liquor business. Mr. Burns stated that the City will probably stay in business at the same locations, but there is a question on the amount of investment the Council wishes to make into the operation. Ms. Metcalf asked if the City receives any income from the tax increment financing districts. Mr. Burns stated that the HRA has received revenue. Mr. Pribyl, Finance Director, stated that there has not been any tax dollars returned to the City from the HRA because the districts have not matured. Mr. John Krack, 7629 Lakeside Road, asked if the health insurance package for employees was fully funded by the City. �J �! ii FRIDLEY CITY COUNCIL MEETIN(3 OF NOVEMHER 19. 1990 PAGB 12 � Mr. Surns stated that the employees also contribute. He stated that the City pays $225 on a family policy, and the employee pays in about $96 a month. Mr. Krack stated that pxivate industry is going in the direction of the employee paying more of the premium or with co-payments. Councilwoman Jorgenson stated that the City also has co-payments on some of the plans. Mr. Krack stated that he would £avor user fees as opposed to obligatory fees. He stated that he does not participate in the curbside recycling because of the unpleasant experiences he had earlier with the program. He stated that he recycles aluminum cans and newspapers through the recycling center. He stated that he did not believe he would recycle anything else until there was a market for it, and he was not keen on the idea of paying the City an additional fee for absolutely nothing. Councilwoman Jorgenson stated that if the recycling fees are included in the General Fund, it would necessitate decreasing services in another area. She stated that the City must provide the service as mandated by the State, but there are not funds in the General Fund to pay for the recycling. ' Ms. Dacy, Planning Coordinator, stated that the State mandated that all counties have to eliminate 35 percent of their solid waste by January, 1994. She stated that Anoka County has advised the City that they have to meet certain tonnaqe abatement qoals. She stated that the funds the State mandated for this program were not sufficient. Mr. Peter Eisenzimmer, 6535 Oakley Drive, stated that he did not believe it was fair for those on a fixed income or those who are disabled to pay these fees. He asked where the money the hauler receives goes. Councilman Fitzpatriok stated that the hauler does not make enough to cover their costs, and the City has to pay for the items to be removed. Mr. Hansen, 230 Rice Creek Blvd., stated that he did not envy the Council in trying to figure out what should be done with the garbage. He felt that whatever is done, if a person has to pay to have these items removed, the City will find them floating down the creek or discarded along the road. He stated that people do not want to pay to have qarbage hauled away. Mr. Hansen stated that he owned rental property in Fridley that has a dumpster, and he has had persons dump tires in order to get rid of them. He stated that 1 this is a problem, but he did not know what to do about it. a�� FRIDLEY CITY COONC2L MEETINO OF NOVEMBER 19. 1990 PAGE 13 ' Mr. Krack stated that a substantial amount of what residents throw away is junk mail. Councilwoman Jorgenson stated that there is a place where you can write and request that you not be sent junk mail. She stated that, also, when you renew your drivers' license, you can inform them you do not want your name sold. Mr. Fred Mykkanen, 6840 Jefferson Street, stated that it is easy to put the $2.50 charge on the water bill, but felt it was like the sales tax and would increase over the years. Mr. Larson, 6401 Baker Avenue, asked the salaries of the Council members. Mayor Nee stated that they are between $6,00o to $8,000 a year. Mr. Larson inquired if wages or programs could not be cut and if the City continually has to keep up with inflation. He felt that there should be a citizens committee to check up on what is going on. He asked if there was a list of how much each employee earns. Mr. Burns stated that he would be happy to provide him with this information. � Councilwoman Jorgenson stated that there is a Charter Commission that keeps a close watch over what the Council is doing. Mr. Larson stated that he heard people who are on the Charter Commission are just not doing their job. He also inquired as to the resident requirement for City employees. Councilwoman Jorgenson stated that a vast majority of the department managers reside in the city, and she believed that the City could not discriminate by making it mandatory that an employee must live in the City. Mr. Larson asked if the City takes advantage of the bulk mailing rate. He stated that he cannot rely on the Council as they are not representing the people. Councilwoman Jorgenson advised Mr. Larson that this is the purpose of elections. Mr. Kirkham advised Mr. Larson that all the councilmembers live in Fridley, and he is sure they are interested in keeping the tax rate down as they are subject to the same taxes. He stated that they are probably making about fifty cents an hour this evening. Mr. Kirkham stated that he wished to state that he favors the user fee � as opposed to additional taxes. He stated that, in the end, the taxpayer pays for everything regardless of whether the State ��a FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 19, 1990 PAGE 14 � supports the City with a certain amount of dollars. He felt that with the user fee, there was better control. Mr. Ness commented about the City trucks on private property and asked if the workers were taking them home. Mr. Flora, Publio Works Director, stated that the foremen and the person who is on-call take their vehicles home in order to respond immediately to any calls they receive. He stated it is felt that this was an economical approach. Councilwoman Jorgenson pointed out that an employee taking his own vehicle to respond t4 an emergenoy is not covered hy insurance which is a liability to the City. Mr. Clarence Sauers, 6750 Overton Drive, stated that Fridley, as a whole, operates very well. Ae stated he felt that the problem starts at the Federal level and reduoed aid to the State has created a burden for the oities to operate within the restraints imposed. Mr. Eisenzimmer stated that there could be cuts in school recreation. � Councilwoman Jorgenson stated that the City does not have any control over this matter and that Mr. Eisenzimmer should address the School Board with these concerns. Mr. Larson asked ii it was within the power of the citizens to make a proposal that the Council not vote on the budget so it can be further studied with concentration on cutbacks, including salary decreases. Mayor Nee stated that the Council is required to take action on the budget in a week. He stated that Mr. Larson would have a week to accomplish what the Council has been studying for a year. MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:52 p.m. NEW BUSINESS: 3. RESOLUTION NO. 95-1990 DECLARING THE NECESSITY TO LEVY A TAX WHICH APPEARS TO BE IN EXCESS OF 16 MILLS, THE NEED FOR A SPECIAL LEVY, AND CERTIFYING TAX LEVY REQUIREMENTS FOR 1991 TO THE COUNTY OF ANOKA FOR COLLECTIDN: � Mayor Nee stated that there was a provision in the Charter that limits the City to 16 mills without adopting a resolution. He stated that the State Legislature changed the rules from mills to V�i ' FRZDLSY CITY COIINCIL MEETING OF NOVEMBER 19. 1990 PAGE 15 tax capacity rate. He stated that to make sure the City abides by the spirit of the Charter, the City Attorney felt it was appropriate to pass this resolution. MOTION by Councilwoman Jorgenson to adopt Resolution No. 95-1990. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. RESOLUTION NO. 96-1990 ADOPTING A BUDGET FOR THE FISCAL YEAR 1991: MOTION by Councilman Fitzpatrick to adopt Resolution No. 96-1990. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman Fitzpatrick, Councilwoman Jorgenson, and Mayor Nee voted in favor of the motion. Councilman Billinqs voted against the motion. Mayor Nee declared the motion carried by a 3 to 1 vote. PUBLIC HEARINGS: 4. ESTABLISHING SOLID WASTE ABATEMENT PROGRAM FEE: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seoonded by Councilman Billings. Upon a voice vote, all votinq aye, Mayor Nee declared ' the motion carried unanimously and the public hearing opened at 9:55 p.m. Ms. Dacy, Planning Coordinator, stated that a solid waste abatement fee is proposed in the amount of $2.50 per quarter and charged against single, two, three and four family dwelling units in the City. She stated that the fee would be used to fund a portion of the City's curbside recycling costs or any other solid waste abatement program as authorized by the Council. She stated the State requires that the county must abate or reduce from the landfills about 35 percent of its waste by 1994. She stated that the county established annual recycling goals which cities must meet. Ms. Dacy stated that in 1991, it is proposed that some of the funds be used for a portion of the cost to purchase recycling containers in order to promote participation in the reaycling program. She stated that the City averages about 73 tons of recyclables per month verses 25 tons recycled earlier in the program. Ms. Dacy stated that since 1988, the current revenue the City received from the State and County has been unable to cover the contract costs for the recycling program. She stated that the Council initiated a fact finding process to determine the best � method to deal with the recyclables. She stated that a phone survey was also completed to obtain comments and concerns from home owners. G8� FRIDLEY CITY COIINCIL MEETINa OF NOVEMBER 19 1990 PAGE 16 �Ms. Dacy stated that because of the lack of funds from the State _ and County to cover the recycling costs, an annual fee is proposed. She stated that this option is less costly than the other three methods that were studied regarding collecting recyclables. Mr. Richard Harris, 6200 Riverview Terrace, questioned if the City would provide for disposing of waste oil at the recycling site. He reiterated that the problems that led to the City discontinuinq the collection of this oil. Councilman Billings stated that in addition to the problems the City encountered with the waste oil, the Federal and State governments have mandated that facilities of this design need to be brought up to a higher standard. Mr. Flora, Public Works Director, stated that if such a facility was provided to dispose of waste oil, it would require that the existing tank be removed and a monitoring system installed at a cost of about $10,000. Mr. Harris stated that the MPCA and EPA does a good job of looking down everyone's back, but it does not do a good job in education on the disposal of hazardous waste. He stated that he did not think people maliciously threw antifreeze in the waste oil sump. � Mayor Nee stated that there was a sign posted that they were not to dump anything but used oil. Councilwoman Jorgenson stated that the City has been trying to provide a hazardous waste materials disposal day in Fridley and applied for a grant which was turned down. She agreed thati disposal of these wastes was a very big problem, and information she has on disposal of paint and paint thinners is to put it in a drum and bury it. She stated that the problem is once the City collects it, they become the owner and incur the liability of that drum. She stated that the City cannot incur this liability and obtain insurance. Mr. Harris stated that is his point -- that he did not feel the EPA and MPCA's solution to dispose of some of these materials was very good. Ae stated he hoped that the City�s newsletter would contain information to residents on how to dispose of certain chemicals. Ae stated that the idea of putting it out of sight, out of mind, or in another person's dumpster is not going to work. He stated that he would like to see the disposal operations expanded and the oil sump opened again. He stated that it may be that Fridley will have to take the lead. Ms. Dacy stated that there are four facilities in Fridley that have ' been identified to accept waste oil. vOJ FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19. 1990 PAGS 17 � Mr. Harris stated that there is a limit of five gallons, and if he was not purchasing the oil at these places, he felt strange about dumping the waste oil. He felt tihat this was a government function. Councilman Billings asked at what level of government. He stated that the message from residents this evening is that they cannot afford to pay more taxes. He stated that if there was an unlimited budget, there were a lot of things he would like to do in terms of recycling. Councilman Billings stated that the Council passed a resolution to encourage the State to enact legislative for those who sell materials that need to be recycled that they be responsible for the recycling. He stated that everyone keeps looking to the City to solve these problems, and the waste stream is not a problem the City has the ability to solve. He stated that as far as reopening the site for recycling waste oil, it was determined that funds would be better spent in other areas since there are £acilities in Fridley where this oil can be discarded. Mr. Harris stated that it is everyone's problem and felt people need to be educated and that the newsletter may be a good place to provide some of this information. Ms. Dacy stated that the City will be printing a new brochure, and � the County published a guide that went to every household in the County. She stated that she would be happy to supply Mr. Harris with a copy of this guide. Ms. Connie Metcalf, 860 West Moore Lake Drive, stated that she was not speaking for the League of Women Voters, hut as an individual who has been active in recycling in the past. She stated that she shares Mr. Harris' concern about hazardous waste and hopes the City will have a ha2ardous waste disposal day. She stated that on Earth Day there were brochures distributed dealing with the disposal of ha2ardous waste. Ms. Metcalf stated that she is against providing the plastic containers for recycling because they are not recyclable. She also felt that recycling pickup two times a month was excessive and felt once a month would be sufficient. Mayor Nee stated that the problem was the City must constantly increase the productivity of the recycling ef£ort in terms of tonnaqe, and it was felt that the containers would measurably increase this productivity. Councilwoman Jorgenson stated that not everyone is as dedicated as Connie is to recycling and felt if pick up of the recyclables was not provided more than once a month that people would just throw � the items away. 08� FRIDL&Y CITY COUNCIL MEETINQ OF NOVEMBER 19, 1990 PAGE 18 � Ms. Metcalf stated that the City was doing their job by increasing the amount of recyclable tonnage, but that by introducing a totally unrecyclable plastic it was not the best way to proceed. Ms. Rosamond Sandusky, 181 Sylvan Lane, stated that she wanted to thank the Council for their patience with all these problems. She felt that people could use paper bags and cardboard boxes for their recyclables and that the plastic containers were not necessary. Councilman Billings pointed out that the containers are made up of fifty percent of recyoled plastic, Mr. Jim Glaser, 165 Rice Creek Way, felt that the $2.50 quarterly fee would be forever. He asked if other communities were approaching this problem in the same manner. Ms. Dacy stated that some communities have the organized collection system where one fee is paid for the recycling and garbage hauling. She stated that this system of paying a fee is substantially less than the other methods of collecting recyolables. She stated that the recycling program is operated out of the Community Development Department, and the Recycling Coordinator has been in this position since 1985. Mr. Glaser asked if additional personnel would be hired to oversee � the program. Ms. Dacy stated that this is not the case, and the program will be administered as it has been sinae 1985. Mr. Glaser stated that if the private garbage haulers picked up the recyclables, there would not be a need for someone in the City to administer the program. Councilwoman Jorgenson stated that the billing would be through the City so someone would have to handle the paperwork and keep track of the amount of recyclables. Mr. Glaser stated that he did not know if he agreed or disagreed, but was just questioning the administrative part. Mr. Krack, 7629 Iakeside Road, stated that he would agree the $2.50 fee is a"foot in the door." He stated that he applauded the Council and City staff for researching the best way to handle the recycling program and determining the impact on the ta�cpayers. He asked i£ any thought has been given to expanded recycling to apartment complexes. Councilwoman Jorgenson stated that several residents of apartment complexes have indicated an interest, but the problem is where to � store the materials and how often they would have to be picked up. She stated that some of these residents were looking at options � � � 08�� FRIDLEY CITY COUNCIL MEETING OF NOVEMSER 19. 1990 PAGE 19 with private haulers. She stated that residents of some apartments bring materials to the SORT site. Ms. Dacy stated that staff encourages residents of apartment complexes to start their own program. She stated that if all of the apartment complexes were added to the contract, costs would double, and there simply is not enough funding to cover these increased costs. Mr. Krack asked about the sturdiness of the containers and how many containers each household would receive. Ms. Dacy stated that the containers have been around several years and were quite sturdy. She stated that each household would receive two containers. Mr. Krack felt that an incentive had to be provided for persons to recycle and, perhaps, persons who do not recycle would pay more. Mr. Ness, 6425 Baker Avenue, asked if having the containers outside would be creating a problem. Ms. Dacy stated that a lot of residents keep the containers inside to sort their materials, talce them to the curb and remove them the same day after the materials are picked up. Mr. Eisenzimmer, 6535 Oakley Drive, stated that he did not feel the $2,50 fee per quarter was fair and that paper bags and boxes could be used for the recyclables. He stated that he knows the rate would increase, and he wondered where it would stop. He stated that he is concerned for those on fixed incomes and those who are disabled and cannot afford this fee. MOTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 10:52 p.m. RECESS• Mayor Nee called a recess at 10:52 p.m. RECONVENED: Mayor Nee reconvened the meeting at 11:01 p.m. Council members present were: Mayor Nee, Councilwoman Jorgenson, Councilman Fitzpatrick and Councilman Billings. 5. LANDSCAPE AMENDMENTS TO THE ZONING CODE: MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman � I. � � �8Ci FRIDLEY CITY COONCZL MEETING OF NOVEMBER 19, 1990 PAGE 20 Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 11:02 p.m. Ms. McPherson, Planning Assistant, stated that this ordinance amendment is proposed hy staff and that the process began in August, 1989. She stated that a preliminary ordinance was presented to the Council and was reviewed by the Planning Commission at several work sessions. Ms. McPherson stated that a final preliminary ordinanoe was mailed to businesses for their comments. She stated that there were also meetings with the Chamber o£ Commerce to receive comments £rom persons in the business community. She stated that the general concept was supported, but not the specific draft. Ms. McPherson stated that in October, 1990 another meetinq was held with the Chamber of Commerce to inform the business community about the amendments and allow them to comment on the draft. She stated that the purpose of the ordinance amendments was to provide a means of evaluating the landscape plans submitted by developers or local businesses, as far as fulfilling the requirements of the City Code. She stated that the ordinance amendments allows some flexibility in choosing various species of plant materials. She stated that there were some requirements for landscaping parking lots over one hundred spaces and some flexibility for time in installation of the plant materials was allowed. Ms. Dacy, Planning Coordinator, stated that this ordinance does not pertain to single family or two family zoning districts, She stated that it only applies to multiple and all oommercial and industrial zoning districts. Ms. McPherson stated that the Planning commission has recommended approval of the proposed amendments. Mr. Richard Harris, 6200 Riverview Terraae, stated that the ordinanoe refers to noxious materials and asked what this meant. Ms. McPherson stated that anything that falls under the noxious plant material category o£ the existing weed ordinance. Mr. Harris stated that with some of the plant materials there may be a problem such as with dandelions. Ms. McPherson stated that she did not think the ordinance addressed dandelions. Mr. Harris questioned the section of the ordinance pertaining to screening of loading docks. He stated that in some instances, there may be a problem getting into the loading docks, if it was screened. I� � � /' FRIDiEY CITY COUNCIL MEETIN6 OF NOVEMBER 19. 1990 PAGE 21 Ms. McPherson stated that this applies only if those particular loading docks are visible from the public right-of-way. Mr. Harris stated that he understands, but how do you get to the loading dock if it is not from the public right-of-way. Ms. McPherson stated that there section that staff would look at She stated that some lots may be to comply with this condition. is some flexibility under this the site on an individual basis. substandard and would be unable Mr. Harris asked how closely the Northoo Business Center follows this ordinance. Ms. McPherson stated that as far as the boulevard trees, they come very alose, but as far as berming along the property line, they are lacking in that area. Mr. Harris stated that regarding the maintenance and replacement of vegetation, he questioned how this would be enforced. Ms. McPherson stated that it would be enforced by the Code Enforcement Officer who will inspect each site for code violations. She stated that if there were plant materials that failed to survive, the property owner would be notified to replace the plant materials within a certain period of time allowed under the ordinance. She stated that failure to do so would allow the City to replace the plant material and assess the property owner. Mr. Harris asked if this included grass and would the City resod somebody�s berm. Ms. Dacy stated that the City would take the approach that if there is a severe problem, and the property is in a state of disrepair, the City has the authority to correct the problem if it is not done by the property owner. She stated that she is not aware of a situation in the past where the city had to go and replace vegetation, but this ordinance qives the City an option if an impossible situation exists. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 11:2D p.m. OLD BUSINESS• 6. APPOINTMENT TO THE APPEALS COMMISSION (TABLED 11/5/90): MOTION by Councilman Hillings to table this item. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee dealared the motion carried unanimously. �`�ts' FRIDLSY CITY COIINCIL MEETING OF NOVEMBER 19, 1990 PAGE 22 � NEW BUSINESS: 7. FIRST READING OF AN ORDINANCE ESTABLISHING SOLID WASTE ABATEMENT PROGRAM FEE: MOTION by Councilman Billings to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 8. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE. CHAPTER 205. PERTAINING TO LANDSCAPING: MOTION by Councilwoman Jorgenson to waive the readinq and approve the ordinance upon first reading. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 9. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 206 ENTITLED "BUILDING CODE," BY AMENDING SECTIONS 206.01.02. 206.01.03, 206.01.04, 206.01.05, 206.03.02. AND 206.05: Mr. Robertson, Community Development Director, stated that this is � an update to the Building Code to incorporate the new State Building Code requirements. Iie stated that the percentages remain the same for the building permits, but the plumbing fee schedule has been increased. He stated that even with this increase, it is the lowest compared to surrounding communities. He stated that the new fee is for residential mobile home installation. He stated that the City�s ordinance is slightly changed in format to follow the 5tate code. MoTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Jargenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10, RECEIVE ITEM FROM THE MINUTES OF THE APPEAL5 COMMISSION MEETING OF OCTO$ER 30. 19990: A. VARIANCE REOUEST, VAR #90-27, BY WELDON FENTON, TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 6 FEET, TO ALLOW THE ENCLQSURE OF AN EXISTING PORCH ON LOT 2. BLOCK 6. RICE CREEK TERRACE PLAT 6, THE SAME BEING 640 67TH AVENUE N.E.: Ms. Dacy, Planning Coordinator, stated that this was a request for a variance to reduce the side yard setback from ten feet to six feet in order that the petitioner may enolose the overhang area for � a three season porch. She stated that this would provide an access from this porch into the garage. v8� FRIDLSY CITY COUNCIL MEETING OF NOVEMSER 19, 1990 PA6E 23 � Ms. Dacy stated that the Appeals Commission recommended approval with no stipulations, although staff has recommended denial as the petitioner has other alternatives. MOTION by Councilman Billings to concur with the recommendation of the Appeals Commission and grant Variance Request, VAR #90-27 to reduce the side yard setback from 10 feet to 6 feet. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. VARIANCE REOUEST, VAR #90-28. BY HEALTH ONE UNITY HOSPITAL. TO INCREASE THE SQUARE FOQTAGE OF AN AREA IDENTIFICATION SIGN FROM 24 SOUARE FEET TO 94 SpUARE FEET, TO ALIAW THE CONSTRUCTION OF A NEW AREA IDENTIFICATION SIGN AT 550 OSBORNE ROAD: Ms. Dacy, Planning Coordinator, stated that this is a request to increase the size of an area identification sign from 24 square feet to 79.75 square feet at Unity Hospital. She stated that there were a number of variance requests on the property, and in 1981 a variance was granted to increase the sign to 56.83 square feet which is the sign that now exists. Ms. Dacy stated that the Appeals Commission recommended denial for � a 94 square foot sign by a 2 to 1 vote, and the petitioner reduced the size of the variance to 79.75 square feet. She stated that staff's recommendation to the Appeals Commission was for denial, but acknowledged that the City did determine there was a hardship created for limiting the sign to 24 square feet. She stated that the Appeals Commission felt the size of the sign approved in 1981 was more appropriate. She stated that the sign the petitioner is requesting is one square foot short of a maximum sign that would be permitted in a commercial district. Mr. Gary Alberts, representing the administration at Unity Hospital, stated that they have undergone a name change at Unity, and their visibility is not good qoing down Osborne Road. MOTION by Councilman Billings to grant Variance Request, VAR #90-28, to allow the square footage of an area identification sign to be increased from 24 square feet to 80 square feet. Seconded by Councilman Fitzpatrick. Mayor Nee stated that he could not see where the words "Health One" were needed on the sign. Councilwoman Jorgenson asked Mr. Alberts if he knew anything about the City's request that an application be filed for rezoning for the heliport. ' Mr. Alberts stated that he was not aware of this request, but would check on the status. G�U FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 1990 PAGE 24 � Councilman Billings stated that his reasoning for making the motion to approve this variance is that in the past several years, there have been times when Unity and the City have gotten along very well and other times where they have been at odds. Ae stated that this motion was partly a qesture of goodwill to try and reopen those lines of communication so that they can resolve some issues, particularly the one mentioned by Councilwoman Jorgenson. Councilman Billings stated that he would tiend to agree with Mayor Nee that the average person who needs the hospital facilities may not be particularly concerned with the words "Health One", but it appears they are in the process of identifying that Mercy and Unity are one large system. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. C. VARIANCE REOUEST, VAR #90-29. BY DENNIS GARNER.TO INCREASE THE AREA AN UNENCIASED DECK CAN EXTEND INTO THE SIDE YARD FRQM 3 FEET TO 8 FEET, TO ALLOW THE CONSTRUCTION OF AN UNENCLOSED DECK ON LOT 6, BLOCK 2, HILLCREST ADDITION, THE SAME BEING 7119 ASHTON AVENUE N.E.: MOTION by Councilman Fitzpatrick to grant Variance Request, VAR � #90-29, with the stipulation that the owner of the property sign and record against the parcel an agreement stating that the owner understands that the deck can never be enclosed. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. APPROVAL OF METROPOLITAN COUNCIL RESIDENTIAL RECYCLING BINS GRANT APPLICATION: MOTIoN by Councilman Billings to authori2e the proper City officials to execute the grant application. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. NUISANCE ABATEMENT AT 6740 QVERTON DRIVE N.E.: Ms. Dacy, Planning Coordinator, stated that the Code Enforcement officer has been trying to work with this property owner to have the solid waste that has accumulated in the driveway area removed. She stated that staff has not been able to achieve compliance and is requesting approval to contract and abate the nuisance. She stated that the property owner was asked to attend the meeting. Mr. Clarence Sauers, 6750 Overton Drive, stated that a member of the City staff was out today to observe the situation. Ae stated ' that if the City is qoing to do something about this nuisance, he may be able to answer any questions. He stated that this problem has been ongoing for years. �9A FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 19, 1990 PAGE 25 � Mr. Sauers stated that he cuts this property owner's grass, painted the trim, and has taken garbage to his property so it could be removed. He stated that he talked to the property owner, and the last response he received was the attitude that people should leave them alone. He stated that he explained that they live in a society where they are all interdependent, but apparently they are not concerned. He stated that animals get into the garbage and scatter it around the neighborhood. MOTION by Councilman Billings to authorize the abatement of this public nuisance in accordance with the provisions of Chapter 110.04 of the City Code. Seconded by Councilman Fitzpatrick. Mr. Gregg Herrick, representing the City Attorney's Offiae, stated that there are some concerns about abatement in regard to due process. He stated that notifioation of the hearing probably should have been given, and he did not know to what extent that occurred. Ms. Dacy stated that she understood that Mr. Barg told the property owner if they did not comply by such a date, it would be on the Council's agenda for action this evening. Councilman Billings asked what the cost was to pick up this garbage � and dispose of it. Mr. Flora, Public Works Director, stated that it would probably be abaut $15. Councilman Billings asked Mr. Herrick if his concern was for the assessment or in terms of a greater liability of what the City considers trash, the property owner may consider valuable. Mr. Herrick stated the ordinance indicates that in order to charge for the removal and assess the cost that notice of the proceedings be given to the property owner. He stated that perhaps that has been done. He stated that as far as the concern is in regard to takinq this material, it seems fairly clear the City is dealing with garbage. Councilman Billings stated that he would stand by his motion, but staff should consult the City Attorney's office before proceeding. He stated that his concern is getting the trash removed, not so much as being reimbursed. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. � � C�I ._.J 092 FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 19, 1990 PAGE 26 13. INFORMAL STATUS REPORTS: LOCKE LAKE DAM: Mr. Flora, Public Works Director, submitted a video of Locke Lake Dam taken on June 19, 1990, October 14, 1990, and November 19, 1990. FTe explained what has taken place in each of these photos and how the City attempted to stabilize the concrete. Mr. Flora stated that the Task Force for the improvements at Locke Lake met last Thursday to obtain as much input as possible regarding the parameters for these improvements. He stated that an EAW will probably be required which would then be incorporated into Che dam and detention pond. He stated that there was some concern by the DNR if this should be a lake or wetlands. Mr. Flora stated it is hoped that by January or February of next year there would be another meeting of the Task Force to look at specific plans with costs for each. It is also hoped that there would be some firm costs by April, 1991. At this point, the Rice Creek Watershed District engineers are moving forward and working with the various agencies regarding permits and reports required to process these projects. He stated that an early start on the projects could probably be next winter depending on the costs and scope of the work. 14. CLAIMS: MOTION by Councilwoman Jorgenson to authorize payment of Claim No. 34663 and Claims No. 34815 through 35017. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. LiCENSES: MOTION by Councilman Billings to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. E5TIMATES: MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Walbon Lawn Maintenance 3225 Skycroft Drive St. Anthony, MN 55418 Corridor Maintenance Project No. 219 FINAL ESTIMATE . . . . . . . . . . . . . . . $ 5,942.85 L .J os� FRIDLEY CITY COIINCIL MEETINQ OF NOVEMBER 19, 1990 PAGE 27 HNTB 6700 France Avenue South Suite 260 Minneapolis, MN 55435 Inspection of the 1.5 MG Elevated Water Reservoir Project No. 202 Partial Estimate . . . . . . . . . . . . . . $ 1,326.60 Pitt-Des Moines, Inc. (PDM) P. O. Box 1596 Des Moines, IA 50306 Construction of the 1.5 MG Water Reservoir Project No. 201 Estimate No. 3 . . . . . . . . . . . . . . . $254,415.87 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilman Billings to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor ' Nee declared the motion carried unanimously and the Regular Meeting of the Eridley City Council of November 19, 1990 adjourned at 11:59 p.m. Respectfully submitted, n �/ � C-�.,��r-,��_t%� i Carole Haddad Secretary to the City Council Approved: � ������� William J. Ne Mayor