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11/18/1991 - 00006233� � � THE MINUTES OF THE REGULAR MEETING OF THE ERIDLEY CITY COUNCIL OF NOVEMBER 18, 1991 The Regular Meeting o£ the Fridley City Council was called to order at 7:33 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council members and audience in the Pledge of Alleqiance to the Flag. ROLL CALL• MEMBERS PRESENT: �a151T�1.7.�1:T.'� J � Y� Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider, and Councilman Fitzpatrick None Mayor Nee stated that he was glad to be back at the Council meeting and appreciated all the cards and calls he received when he was in the hospital. He asked Mayor Pro Tem Schneider to conduct the meeting because his voice was not up to par. PRESENTATION: DONATION FROM THE FRIDLEY JAYCEES TO THE FIRE DEPARTMENT: Ms. Pam Podobinski stated that the Fridley Jaycees were pleased to continue their community support and presented a check for $14,000 to the Fire Department to purchase self-contained breathing apparatus. Mr. McRusick, Fire Chief, thanked the Jaycees for this contribution. He stated that he and the firefighters are very grateful, as this contribution will allow them to complete the purchase of this equipment. APPROVAL OF MINUTES: COUNCIL MEETING, NOVEMBER 4, 1991: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. SPECIAL COUNCIL MEETING, NOVEMBER 12, 1991: MOTION by Councilwoman Jorqenson to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 18, 1991 PAGE 2 � ADOPTION OF AGENDA: MOTION by Councilwoman Jorgenson to adopt the agenda as submitted. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARING: l. PUBLIC HEARING ON THE ADOPTION OF THE 1992 CITY OF FRIDLEY BUDGET: MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Mayor Nee. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing opened at 7:40 p.m. Mr. Burns, City Manager, stated that it was his pleasure to present � the 1992 budget for the City. He stated that the budget questions were addressed within the context of a number of events in the political and economic climate. He stated in April and May, the newly elected Governor, faoing a$1.2 billion deficit, proposed the elimination of the homestead and agriculture credit, a decrease in local government aid, and drastic changes in the State's property tax rates. He stated that it was necessary for the City to move to cut back expenditures in view of the economic climate. Mr. Burns stated that Council had several work sessions on the budget and developed a long-term approach to the State aid cutbacks. He stated that Council opted not to fill three vacancies resulting in about a$86,000 savings. He stated that, however, Council did approve a 2.5 percent increase for employees in 1992. Mr. Burns stated that the yard waste program was another subject of discussion as Fridley is the only City that funds a yard waste program. He stated that there was discussion on whether to continue �he program. He stated that the program is popular and has a lot of support, and it was decided to continue this program at a cost of $36,000. He stated that some financial assistance may be received from the County to support the yard waste program. Mr. Burns stated that very few new services or programs were proposed for the coming year. He stated that the Police Department � requested optical scanning equipment. He stated that the development of this equipment is fluctuating and, since the Finance Department will also eventually use this equipment but is not ready � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 18, 1991 PAGE 3 ' to proceed at this point, the request has been set aside for 1992. He stated that the Police Department also requested a bicycle patrol program that was also postponed. Mr. Burns stated that the Police Department usually requests six or seven new vehicles, and this year the request was for two, He stated that since the 1991 vehicles have yet to be ordered, the decision was made not to purchase any additional vehicles resulting in a savings of $27,000. Mr. Burns stated that in March, 1990, OSHA mandated training relating to handling of hazardous materials. He stated that $12,000 was added to the budget in order to meet the requirements for this training. Mr. Burns stated that Council discussed fee increases. He stated that the main topic was fees for the recreational program; however, increases were not approved. Mr. Burns stated that this year's budget contains about $700,000 for capital improvements. He stated that the Little League parking lot was improved, and the concession stand and storage building will be renovated. Mr. Burns stated that one oP the biggest issues was whether or not to levy additional property taxes. He stated that it was Council's � decision not to levy additional property taxes, but use the £und balances. Mr. Burns stated that the expenditures for all funds is $10,047,617 or a 4.3 percent decrease from last year's budget, and the General Fund accounts for about a 1.1 percent decrease. He stated that personal services accounts for $6,430,334 or a 1.5 percent increase over last year. He stated that this increase is attributable to a 2.5 percent cost of living increase, increased cost for employee health insurance, merit step increases, increased cost for workers' compensation, and costs for election judges. He stated that this increase is offset by savings in not fillittg three full-time positions, reduced costs for part-time employees, the transfer of two employees from the General Fund to other funds, and reduced police pension costs. Mr. Burns stated that expenditures in the other three categories of the General Fund have decreased. He stated that these decreases were in supplies, contractual services, and capital outlay e�enditures, which accounted for the largest decrease of 22.1 percent. He stated that some of the capital outlay expenditures are for the purchase of a GIS work station, replacement of Public Works vehicles and equipment, planning and building inspection software, desk top publishing equipment, and computer hardware and software. ' Mr. Burns stated that the special revenue funds include the Cable Television Fund, Grant Management Fund, and Solid Waste Abatement FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 18, 1991 PAGE 4 � Fund. He stated that the 24.3 percent increase in the Cable Television Fund was due to the transfer of excess cable franchise revenue to the General Fund. He stated that the Grant Management Fund increased 3.1 percent, most with the human services grants for housing, community development block grants, and Chore Service grants. He stated that the Solid Waste Abatement Fund decreased 20.8 percent due to reduced costs for recycling containers and lower cost of the recycling contract. Mr. Burns stated that the sources of revenue for recycling are from the $2.50 per quarter solid waste recycling fee which generates $75,000; a trash hauler sales tax which generates $43,000; gate fees from the yard waste site, $13,408; and transfer from the closed debt service fund of $40,589. Mr. Burns stated that $711,050 is projected for capital improvements, which is a decrease of over 32 percent. He stated that most is for streets but also includes the replacement of part of the municipal garage roof at a cost of $31,500, improvements at the municipal center for $21,200, and sealcoating and overlay work at the parks at a cost of $52,500, Mr. Burns stated that park capital improvements have increased 29.8 percent. He stated that the budget contains the following � improvements: replacing the Moore Lake beach house, $152,250; constructing a parking lot at Riverview Heights Park, $52,500; Little League renovation, $31,500; playground equipment replacement, $30,000; parks lighting upgrade, $25,000; and a new parking lot at Flannery Park, $21,000_ Mr. Burns stated that street improvements are down by 61.8 percent with $75,000 budgeted for street overlay; $120,000 for sealcoating; and $50,000 for the signalization at Highway 47 and 83rd Avenue. Mr. Burns stated that the Enterprise Funds total of $6,650,780 is up by 5.8 percent. He stated that there is a 3.2 percent increase in the Water Fund; a 5.9 percent increase in the Sewer Fund due to increased fees from the Metropolitan Waste Control Commission; a .1 percent increase in the Storm Water Fund; and a 7.5 increase in the Liquor Fund. Mr. Burns stated that the 1992 budget does not project additional property tax levy and uses $379,216 of reserves to balance the budget, resulting in the property tax levy being reduced by 2.5 percent. He stated that the homestead and agriculture credit aid increased by $101,667. He stated that the City portion of taxes on an average Fridley home valued at $79,20o will decrease from $142 to $134 and on a$90,0000 home, taxes will decrease from $177 to $166. He stated that, in general, as the value of residential � property increases, the value of the 1992 tax reduction will increase. FRIDLEY CITY COUNCIL MSETING OF NOVEMBER 18. 1991 PAGE 5 � Mr. Burns stated that although the City portion of property taxes is decreasing there will be a positive change in total taxes for most Fridley homeowners, as the County and school districts are proposing increases. Therefore, the overall increase will be about 5.65 percent. He stated that the decrease in the City portion of taxes will favorably impact the tax burden that is already among the lowest in the metropolitan area. He stated that according to 1991 Citizen's League Report taxes on an $80,000 home in Fridley rank 65 o�t of 95 metropolitan cities with populations in excess of 2,500, and Fridley taxes are lower than any of the surrounding cities. Mr. Burns stated that in reviewing the City's financial health fund balances, revenues, and expenditures were considered. He stated that the discretionary fund balances are very strong, and revenue is increasing. He stated that there has been a trend toward increased reliance on property taxes, but Council's deoision not to certify additional property tax levies has, at least, temporarily, thwarted this trend. He stated that as revenues from inter-governmental sources are declining, there has been great pressure to resist higher General Fund expenditures. Mr. Burns stated that the financial health of local government is dependent largely on the social and economic climate of the � community which it serves. He stated that the number of jobs in Fridley rose between 1989 and 1990. He stated that the value of business land is remaining stable, and the volume of sales from both retail and service sections is steady but not growing. Mr. Burns stated that the value of retail sales dropped sharply between 1988 and 1989. He stated that Fridley's unemployment was up slightly from 4.5 to 4.8 percent but remains below the rate for the metropolitan area. He stated that new construction is down, and it is projected it will be about the same level as in 1991. Mr. Burns stated that Fridley's population is growing older, and crime has increased by about 14 percent since 1988. He stated that Fridley appears to be becoming more culturally diverse with an increase in blacks, hispanics, Asians and other minority populations from 3.2 percent to 5.2 percent. He stated that there is an increased dependence on local services, assistance with student meals, and 635 Fridley families receive some form oP assistance, which represents 5.8 percent of the households in the City. He stated that County-wide welfare reaipients are growing by about 15 percent per year, and Fridley is consistent with this figure. Mr. Burns stated that tight financial constraints have required cutbacks in the areas of filling vacancies, capital outlay items, and reduced capital improvements. He stated that Council has � praferred using reserves over new taxes. He stated that the City's fund balances remain strong, but there is an increasing dependence on transfers as a source of revenue. He stated that expenditures � FRIDLEY CITY COIINCIL MEETING OF NOPEMBER 18. 1991 PAGE 6 � are declining, and Fridley's economy is strong, but not growing. He stated that the population is becoming more dependent on local governmental services. Mr. Burns stated that the City needs to continue to search for future cost savings particularly through inter-governmental cooperation. He felt that there is potential for cutting costs by cities working together. He stated that the City should continue efforts to preserve State Aid revenues and to protect and expand the tax kase. Mr. Burns stated that he would recommend Council adopt the 1992 budget as presented. Mr. Peter Eisenzimmer, 6535 Oakley Drive, asked if the Moore Lake beach house was going to be removed and replaced. Mr. Burns staied that the building is in a state of deterioration, and it will be replaced. Mr. Eisenzimmer asked if the liquor stores were profitable. Mr. Burns stated that no property tax money is spent on the liquor operation, but revenues come from the liquor sales. He stated that � the liquor stores are totally self-supporting. Mr. Eisenzimmer stated that with the 15 percent increase in welfare recipients, the taxpayers will end up paying more taxes. Councilwoman Jorgenson read a letter received from Mr. Kutcher, 1500 N. Innsbruck Drive. MOTION by Councilwoman Jorgenson to receive a letter from Robert Itutcher objecting to an increase in taxes for 1992. Seconded by Mayor Nee. Upon a voice vote, all votinq aye, Mayor Pro Tem Schneider declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Mayor Nee. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing closed at 8:21 p.m. 1A. PUBLIC HEARING TO LEVY A TAX WFiICH APPEARS TO BE IN EXCE5S OF 16 MILLS• MOTION hy Councilwoman Jorqenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public � hearing opened at 8:21 p.m. L. � � FRIDLEY CITY COUNCIL M&ETING OF NOVEMHER 18, 1991 PAGE 7 Mr. Pribyl, Finance Director, stated that this hearing is to receive comments from the public regarding the possibility of Council levying a tax which appears to be in excess of 16 mills. He stated that the State of Minnesota has changed the method of computing taxes from "mill levy" to "tax capacity" and transferred State Aid funds from the aities to the school districts to reduce school district taxes. He stated that because of the reduced State aid, the City may need to levy taxes which appear to be in excess of 16 mills. Mr. Peter Eisenzimmer, 6535 Oakley Drive, asked what was the worth of each mill. Mr. Pribyl stated that the mill is the percentage or fraction derived from the levy or the amount needed to balance the budget divided by the assessed valuation. He stated that the State changed the entire property tax formula from mills to tax capacity. He stated that there are no conversion formulas from mills to tax capacity, but tax capacity is similar to assessed value. MOTION by Mayor Nee to close Councilwoman Jorgenson. Upon Pro Tem Schneider declared the public hearing closed at 8:27 NEW BUSINESS• the public hearing. Seoonded by a voice vote, all voting aye, Mayor motion carried unanimously and the p.m. 2. RESOLUTION NO. 89-1991 ADOPTING A BUDGET FOI2 THE FI5CAL YEAR 1992• MOTION by Mayor Nee to adopt Resolution No. 89-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Sohneider declared the motion carried unanimously. 3. RESOLUTION NO. 90-1991 DECLARING THE NECESSITY TO LEVY A TAX WHICH APPEARS TO BE IN EXCESS OF 16 MILLS AND CERTIFYING TAX LEVY REOUSREMENTS FOR 1992 TO THE COUNTY OF ANOKA FOR COLLECTION' MOTION by Councilwoman Jorgenson to adopt Resolution No. 90-1991. Seconded by Mayor Nee. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. PUBLIC HEARING• 4. PUBLIC HEARING ON SUBMITTAL OF ECONOMIC RECOVERY GRANT APPLICATION FOR MCGLYNN BAKERIES, INC.: � MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 18. 1991 PAGE 8 � 5chneider declared the motion carried unanimously and tihe public hearing opened at 8:29 p.m. Mr. Burns, City Manager, stated that McGlynn Bakeries, Inc. approached the City regarding the potential of moving to Fridley in the Totino Pizza building. He stated that a financial package has been assembled to assist McGlynn in making this move. He stated that part of the financial package is based on a State Economic Recovery Grant of $250,000. Mr. Michael Mulrooney of Advance Resources who prepared the application for McGlynn, stated it is requested that Council submit this application to the State £or an Economic Recovery Grant. He stated that the purpose of this grant is to assist communities in making loans and grants available for companies to expand. He stated that the total project cost is approximately $12,000,000, and the grant would be for $250,000, which is the maximum available through this program. Mr. Mulrooney stated that the grant proceeds would be provided to McGlynn in the form of a loan/grant agreement executed between the City and McGlynn. Mr. Mulrooney stated that McGlynn anticipates hiring, in the next several years, at least 36 new employees in addition to the personnel they now employ. He stated that over the life of the � project employment would be significantly greater. He stated that he felt this project would be a welcome addition to the City and one the City could be proud of. Councilman Billings asked about the new jobs that would be created and the 217 jobs that will be retained. Mr. Mulrooney stated that 217 positions are currently filled at McGlynn's Eden Prairie plant. He stated that the movement of those positions to Fridley will result in another opportunity in Eden Prairie for the frozen flivision of McGlynn. He stated that employment will increase, not only in Fridley, but in Eden Prairie. Councilman Billings stated that there are 217 �obs paying approximately $25,000 per year, and he asked if triey would be moved to Fridley. He stated that 46 jobs would be created, 36 in the next several years with 13 paying $4.65/hour and 33 paying $6.80/hour. He asked why the jobs which may be transferred from Eden Prairie are better paying than the new jobs that will be created. Mr. Mark Rasmussen, Vice President of Marketing for McGlynn, stated that they have listed entry level positions in this application. If people have more qualifications the pay would be reflected accordingly. He stated that, basically, the application asked for � a forecast of jobs created, and entry level jobs were included. He stated that some positions would start at $6.SOfhour, and within three years this would increase to $11.38/hour. He stated that FRIALEY CITY COUNCIL MEETING OF NOVEMBER 18, 1991 PAGE 9 � retail pay would start at $4.65/hour and go to $5.85/hour and is subject to change in the future. He stated that they may have to hire a marketing manaqer, production manager, or customer service representatives, and it is difficult to forecast what positions would be available. Councilman Billings asked about the 30 percent turnover a year and if it was in the entry level or other positions. Mr. Rasmussen stated that turnover tends to be in entry level positions. Councilman Billings asked that after two years if these 217 people that transferred had left McGlynn whether they would be replaced with entry level personnel. Mr. Rasmussen stated that if someone with five years of bakery experience or a senior position left, generally someone with experience in the plant is promoted to this better job. He stated that if someone in an entry level position left replacement is usually with another entry level position. Councilman Billings stated that part of the requirements for the Economic Recovery Grant application is the creation and retention � of jobs in the State. He stated that he wants to make sure the City is not making this application and then turn $12.50/hour �obs into $4.50/hour jobs. Mr. Rasmussen stated that McGlynn is committed to their employees. He stated that they are in a growth pattern and are adding more jobs. He stated that over the last ten years McGlynn added over 1,1�0 new jobs in the State. He stated that other food companies have moved out of the State; however, the opportunity to have such a good basic facility as Totino's allows them to stay in Minnesota. He stated that due to business in the frozen food area, McGlynn's looked at the option of locating a plant in the southeast, perhaps North Carolina. He stated that, eventually, they will probably locate a plant in this area but want to do it at a time consistent with growth. He stated that the grant the State is offering will help keep business and the tax base in Minnesota. Councilman Billings asked how the grant application would be impacted if their business is different from what they envision and the jobs are not transferred but new �obs are created. Mr. Mulraoney stated that the State is concerned about new jobs being created, but is really not too concerned about maintaining the jobs that may transfer from Eden Prairie to Fridley. He stated that this program is not intended to move people around the state � and fill grojections where there is not any job gain, but focuses an new jobs that will be available as a result of this project. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 18, 1991 PAGE 10 � Councilman Schneider asked if the 36 new jobs do not materialize, if this puts the City in a precarious spot. Mr. Mulrooney stated that this would be a grant and not a loan. He stated the proceeds do not have to be paid back to the State if the company does not achieve its business standards. He stated that the State will normally extend the grant period to the point where new jobs are created. He stated the State recognizes that circumstances do arise where a company cannot meet the job o�jective and is forgiving that entire process. Councilman Fitzpatrick stated that he is bothered by the language of the grant application. He stated that it states the grant is designed to provide assistance to low income persons and seems it is a self-fulfilling prophecy that the company can make them low income by reducing their salaries. Mr. Mulrooney stated that the grant program was designed to assist low and moderate income persons, and you can, through the State Job Servioe, hire persons who are unemployed. He stated that they intend to meet the State guidelines for low and moderate income, which relates to the prevailing wage. Councilman Fitzpatrick stated that it seems the purpose of the � program is to provide low income jobs to low income persons. Mr. Mulrooney stated that Council may be zeroing in on the beginning wages outlined in the grant appliaation; however, the company's goal is to employ people, and the entry level wage increases up to an $11.00/hour range. Mr. Rasmussen stated that the wage rates in Fridley will be the same as in Eden Prairie. He stated that they have no intention of changing wage rates, and the wage rates filled in the grant are entry 1eve1. Mr. Rasmussen stated that at Eden Prairie they have two different plants within the same building, one for the frozen products and the retail bakery. He stated that they will move one of the operations to Fridley, which would allow the frozen bakery operation to expand in Eden Prairie. He stated that there are personnel in both operations that live closer to Fridley, and they hope to work out a plan where those living closer to Fridley may be able to transfer to the new facility. Councilman Billings stated that there are a number of issues with this particular facility in terms of traffic and drainage that do not concern the grant application. He questioned what would happen if Council does not declare a tax increment financing district in � this area. � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 18, 1991 PAGE 11 ' Mr. Burns stated that he assumes if Council does not approve the tax increment plan, the grant application may be withdrawn. He stated that he understands there is not anything in the resolution that commits the City to a tax increment financing district. Mr. Mulrooney stated that the City certainly has the right to withdraw the application. He stated that the State is limited in the availability of funds, so time is of the essence in submission of the grant application. MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing closed at 8:58 p.m. 5. PUBLIC HEARING ON THE ISSUANCE OF AN ON-SALE LIQUOR LICENSE TO GBN, INC. FOR THE PROPERTY LOCATED AT 3720 EAST RIVER ROAD: MOTION by Councilwoman Jorgenson to waive the reading of the public hearinq notice and open the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing opened at 8:58 p.m. Mr. Pribyl, Finance Director, stated that GBN, Inc. has requested � an on-sale liquor license. He stated the previous organization that was issued a liquor license for this address is going through bankruptcy. He stated that there are number of items that the applicant needs to provide such as articles of incorporation, surety bonds, etc., before a license could be issued. �J Mr. Tony Nicklow, the petitioner, stated that he has all the documents that are needed. He stated that they have changed their format and operate the establishment under the name of Roper's which is a country western atmosphere. He stated that they have changed their whole concept from the previous operation. Mr. Pribyl stated that he has received a letter from the trustee stating the liquor license has been abandoned. He stated that he needs to confirm this, as well as some other items, with the bankruptcy trustee before the issuance of a new license. No other persons in the audience spoke regarding the issuance of this liquor license. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing closed at 9:05 p.m. - � �i FRIDLEY CITY COUNCIL MEETYNG OF NOVEMBER 18. 1991 PAGE 12 � OLD BUSINESS: 6. ORDINANCE NO. 979 RECODIFXING THE FRIDLEY CITY CODE, CHAPTER 101, ENTITLED "ANTMAL CONTROL" BY AMENDING SECTIONS 101.01.09, 101.04, 101.04.05, 101.04.08, 101.11. AND ADDING NEW SECTION 101.04.13 AND AMENDING CHAPTER 205, ENTITLED "ZONING" BY AMENDING SECTION 205.05.39: 1KOTION by Councilman Fitzpatrick to waive the reading and adopt Ordinance No. 979 on the second reading and order pu�lication. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 7. FIRST READiNG OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE. CHAPTER 602, ENTITLED "BEER LICENSING," BY AMENDING 602.09.01, HOURS: (TABLED 11/4/911 Mr. Pribyl, Finance Director, stated that this ordinance changes the hours of operation to allow the sale of beer on Thanksgiving Day. He stated that this would allow restaurants that have a beer license to serve beer on Thanksgiving Day. MOTION by Councilwoman Jorgenson to waive the reading and approve � the ordinance upon first reading. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 8. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE. CHAPTER 603. ENTITLED "INTOXICATING LIQUOR," BY AMENDING SECTION 603.11.01. HOURS OF OPERATION: (TABLED 11/4/91) I� 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 Pro Tem Schneider declared the motion carried unanimously. 9. FIRST READING OF AN ORDSNANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 606, ENTITLED "INTOXICATING LIQUOR ON-SALE CLUBS" BY AMENDING 606.11.01. HOURS OF OPERATION: (TABLED 11/4/911 MQTION by Mayor Nee to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. .� FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 18, 1991 PAGE 13 � NEW BUSINESS: 10. RESOLUTION NO. 91-1991 CALLING FOR A PUBLIC HEARING ON THE MODSFICATION OF THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 TO REFLECT INCREASED GEOGRAPHIC AREA AND INCREASED PROJECT COSTS, THE MODIFICATION OF THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NO. 1 THROUGH NO. 11 TO REFLECT INCREASED PROJECT COSTS WITHIN REDEVELOPMENT PROJECT NO. 1. AND THE ESTABLISHMENT OF PROPOSED TAX INCREMENT FINANCING DISTRICT NO. 12 AND THE APPROVAL AND ADOPTION OF THE PROPOSED TAK INCREMENT FINANCING PLAN RELATING THERETO: MOTION by CounCilman Billings to adopt Resolution No. 91-1991, setting the public hearing for December 9, 1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 11. RESOLUTION NO. 92-1991 AUTHORIZING SUBMITTAL OF ECONOMIC RECOVERY GRANT APPLICATION FOR MCGLYNN BAKERIES, INC.: MOTION by Councilwoman Jorgenson to adopt Resolution No. 92-1991. Seconded by Mayor Nee. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. � 12. FIR5T READING OF AN ORDINANCE REPEALING ORDINANCE NO. 974, ENTITLED "AN INTERIM ORDINANCE PLACING A MORATORIUM ON THE ISSUANCE OF SPECIAL USE PERMITS FOR AUTO BODY REPAIR BUSINESSES AND PROHIBITING THEIR LOCATION WITHIN THE CITY WHILE THE MORATORIUM IS IN EFFECT": MOTION by Councilman Billing to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 13. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE1 CHAPTER 601, ENTITLED "MUNICIPAL OPERATION OF LIQUOR," SECTION 601.06, HOLIDAYS: Mr. Pribyl, Finance Director, stated that this change would remove July 4 from the restriction of holidays governing the operation of the Municipal liquor stores. Councilman Billings confirmed that this was consistent with the State statute. MOTION by Mayor Nee to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Billings. Upon a voice � vote, Mayor Nee, Councilman Billings, Councilman Fitzpatrick, and Mayor Pro Tem Schneider voted in favor of the motion. Councilwoman FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 18, 1991 PAGE 14_ � Jorgenson voted against the motion. Mayor Pro Tem 5chneider declared the motion carried by a 4 to 1 vote. 14. RESOLUTION NO. 93-1991 IN SUPPORT OF A MINNESOTA LAWFUL GAMBLING APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE TO THE FRIDLEY CHAMBER OF COMMERCE: MOTION by Councilman Fitzpatrick to adopt Resolution No. 93-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 15. RESOLUTION NO. 94-1991 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO THE FRIDLEY MOOSE LODGE NO. 38: MOTION by Councilman Billings to adopt Resolution No. 94-1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 16. RECEIVE THE MINUTES OF THE CABLE TELEVISION ADVISORY COMMISSION MEETING OF OCTOBER 23, 1991: � MOTION by Councilman Fitzpatrick to receive the minutes of the Cable Television Advisory Commission Meeting of October 23, 1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 17. EXTENSION OF VARIANCE. VAR #90-30, AND SPECIAL USE PERMIT, SP #90-07, BY PATRICK AND RITA BOYLE. FOR LQT l, BLOCK 2. SYLVAN HILLS, GENERALLY LOCATED AT 6261 RAINBOW DRIVE N.E.: MOTION by Councilman Billings to extend Variance, VAR #90-30 and Special Use Permit, SP #90-07 for one year to December 10, 1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 18. RE-APPROVAL OF SPECIAL USE PERMIT, SP #89-08, BY 7570 INC., FOR A REPAIR GAR�IGE AT 7570 HIGHWAY 65 N.E.: Ms. Dacy, Community Development Director, stated that this is a reassignment of a special use permit, and the petitioner is 7570 Inc. She stated that the special use permit was reassigned as a result of the litigation of the Samir Awai7ane case. She stated that as part of the settlement agreement the special use permit must be assigned to 7570 Inc. � Mr. Greg Herrick, Assistant City Attorney, stated that Council's ordinance plaoing a moratorium on the issuance of special use � FRIDLEY GITY COIINCIL MEETING OF NOVEMBER 18. 1491 PAGE 15 � permits for auto body repair businesses is still in effect, as Council held the first reading this evening to repeal the ordinance. He stated that if the Council reapproved the special use permit and the moratorium ordinance is still on the books, he questioned if it would be enforceable. Councilman Billings stated that since there has been a settlement agreement he felt this reapproval could be considered, and the worst case scenario would seem that Council may have to repeat the approval after the moratorium is lifted. MOTION by Councilman Billings to reapprove Special Use Permit, SP #89-08. Seconded by Mayor Nee. MOTION by Councilwoman Jorgenson to amend the motion for reapproval of Special Use Permit, SP #89-OS that it be issued to 7570 Inc., with the following stipulations and contingency: 1. The applicant must apply and be approved for a business license to operate a motor vehicle repair garage when the ordinance becomes effective. 2. All leaking fluids must be drained from vehicles parked on the premises. � 3. Damaged vehicle storage area shall contain an environmental drainage system. 4. The special use permit shall not be transferable to a different ownership or control without approval of City Council. 5. Applicant must be eighteen years of age. 6. Applicant must maintain aurrent payments to the City, County, or State of taxes, fees, fines, or penalties assessed against applicant or imposed upon applicant in relation to a motor vehicle repair qarage. 7. Applicant must operate or manage the motor vehicle garage premises in a peaceful and law-abiding manner. 8. The applicant, parties of interest in the business, or employees shall not be convicted of any ordinance violations related to the operation of the business, including theft or crimes involving stolen property or consumer protection statutes. 9. The applicant shall permit representatives of the Police � Department, Fire Department, and Community Development Department to inspect the premises for the purposes of ensuring compliance with the law and special use permit stipulations at any time it is occupied or open for business. � � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 18. 1991 PAGE 16 10. The applicant must pass or correct any deficiency within thirty days of applicable government agency inspections such as fire, buildinq codes, and law enforcement. 11. The applicant shall provide and maintain in full force and effect public liability insurance to indemnify any person against loss or injury in the sum of one hundred thousand dollars ($100,000.00) for injury or death to one person, three hundred thousand dollars ($300,000.00) for each accident or occurrence, and ten thousand dollars ($io,o00.oD) property damage, and shall contain a provision that no cancellation thereof shall become effective without thirty (30) days prior notice thereof in writinq to the City Clerk. In addition, the applicant shall file with the City Clerk a public liability policy or certificate of insurance for each vehicle used in the business of its motor vehicle repair garage. 12. The applicant shall maintain, on the premises, original records which shall include all work orders, estimates, invoices, and names of all customers for whom motor vehicle repairs have been per£ormed. As used in this section, the term "invoice" shall contain that information required in Minnesota Statutes Chapter 325F.56 to 325F.65. Such records shall be immediately available for inspection and copying by enforcement officials and shall be retained for at least two (2) years. A customer has a right to a copy of documents maintained by the motor vehicle repair garage reflecting any transaction to which he was a party. A f= C The applicant is required to identify the source of the parts used on repaired vehicles. The applicant is required to keep a record of parts that are purchased and all purchased parts are to be paid by check rather than cash. The applicant is required to keep invoices and cancelled checks to establish the source of parts used on repaired vehicles. 13. The applicant shall not allow any automotive parts to be on the premises in which manufacturer's identification numbers have been removed or altered. Manufacturer's identification numbers include vehicle identification number (VIN); Federal motor vehicle safety certification label; and component labels. Manufacturer's identification numbers also include all references in the Federal Motor Vehicle Theft Law Enforcement Act of 1984 and the Federal Motor Vehicle Theft Prevention Standard codi£ied as part of the code of Federal regulations. � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 18, 1991 PAGE 17 � 14. Said permit shall be further conditioned on the stipulations of Special Use Permit, SP #89-08, as set forth in the June 6, 1991 Action Taken Notice, a copy of which is attached hereto as Exhibit A and made part hereof by reference. A copy of the August 3, 1989 letter of Darrel Clark referred to in paragraph 3 of Exhibit A is attached hereto as Exhibit B and made a part hereo£ by reference. Notwithstanding the £oregoing, the parties agree that the completion date established in paragraphs 3, 4, and 5 of Exhibit A shall be extended to June 1, 1992, and the date of October, 1991 stated in paragraph 6 of Exhibit A shall be extended to July, 1992. Further, this re-approval is contingent upon the repeal of the moratorium on special use permits for auto body repair businesses. Seconded by Mayor Nee. MOTION by Councilman Billings to amend the above motion by separating the stipulations from the contingency relating to the moratorium. Councilman Billings stated that the action taken this evening is based on the settlement agreement, and it was the intent that Council would approve the special use permit so the applicant could open for business. He stated he wanted to make sure that Council � is not taking any action contrary to the settlement agreement. Ms. Dacy stated that the settlement agreement states that the special use permit shall be conditioned on the second reading of an ordinance repealing the moratorium on the issuance of such permits adopted by the City on the 22nd day of July, 1991. Mayor Pro Tem Schneider then stated that the motion on separating the stipulations and contingency related to the moratorium would then be moot. UPON A VOICE VOTE TAKEN ON THE AMENDED MOTION, all voted aye, and Mayor Pro Tem Schneider declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Pro Tem Schneider declared the motion carried unanimously. 19. APPROVAL OF LEASE AGREEMENT WITH ANOKA COUNTY COMMUNITY ACTION PROGRAM FOR THE PROPERTY LOCATED AT 7899 BROAD AVENUE N.E.: MoTION by Councilwoman Jo�genson to approve the lease agreement with Anoka County Community Action Program for the property located at 7899 Broad Avenue. Seconded by Councilman Fitzpatrick. Upon a voice vote, Councilwoman Jorgenson, Councilman Fitzpatrick, Councilman Billings and Mayor Pro Tem Schneider voted in favor of � the motion. Mayor Nee abstained from voting on the motion. Mayor Pro Tem 5chneider declared the motion carried by a 4 to 1 vote. � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 18, 1991 PAGE 18 20. APPROVAL OF CHANGE ORDER NO. 2 SKYWOOD LANE WATER EXTENSION PROJECT NO. 220: MOTION by Councilwoman Jorgenson to authorize Change Order No. 2 to the Skywood Lane Water Extension Project No. 220 with Northdale Construction Company, Inc. in the amount of $4,719.00. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 21. RECEIVE BIDS AND AWARD CONTRACT FOR THE EMERGENCY REPAIR OF WELL NO. 5, PROJECT NO. 224: Mr. Flora, Public Works Director, stated that four bids were received for the emergency repair of Well No. 5, and Mark Traut Wells, Inc, was the low bidder at $38,865.00. He stated that it is recommended the contract be awarded to Mark Traut Wells for this project. MOTION by Councilman Fitzpatrick to receive the bids for the Emergency Repair of Well No. 5, Project No. 224: Company E. H. Renner � 15688 Jarvis Elk River, MN 55330 Layne Minnesota 3147 California Minneapolis, MN 55418 � Mark Traut Wells 151 - 72nd Avenue St. Cloud, MN 56301 � $5i,163.00 $48,225.00 $38,865.00 Bergerson-Caswell $41,292.72 5155 Industrial Maple Plain, MN 55354 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. MOTION by Councilman Fitzpatriak to award the contract for the Emergency Repair of Well No. 5, Project No. 224 to the low bidder, Mark Traut Wells, in the amount of $38,865.00. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. � ' � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 18, 1991 PAGE 19 22. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 23. CLAIMS: MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 4�267 through 40411. Seconded by Mayor Nee. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 24. 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 Pro Tem Schneider declared the motion carried unanimously. 25. ESTIMATES• MOTION by Councilman Fitzpatrick to approve the estimates as submitted: Halvarson Construction 4227 - 165th Avenue N.E. Anoka, MN 55304 1991 Miscellaneous Concrete Curb, Gutter and Sidewalk Project FINAL ESTIMATE . . . . . . . . . Pitt-Des Moines, Inc. P. O. Box 1596 Des Moines, IA 50306 Construction of the 1.5 MG Elevated Water Reservoir Project No. 201 Estimate No. 8 . . . . . . . . . . . . W.B. Miller, Inc. 16765 Nutria Street Ramsey, MN 55303 Street Improvement Project No. ST. 1991 - 1& 2 Estimate No. 11. . . . . . , . . . . . 0 . . $ 1,320.46 $48,721.00 . . $15,017.00 1 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 18, 1991 PAGE 20 Northdale Construction Co., Inc. 14450 Northdale Boulevard Rogers, MN 55374 Skywood Lane Water Extension Project No. 220 Estimate No. 3 . . . . . . . Maier Stewart & Assoaiates 1959 Sloan Place St. Paul, MN 55117 $ 12,425.83 Clover Pond Diversion/52nd Avenue Floodway Project No. 222 Partial Estimate . . . . . . . . . . . . . . $ 997.26 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. ADJOURNMENT' MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Mayor Nee. Upon a voice vote, all voting aye, Mayor Pro Tem ' Schneider declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of November 18, 1991 adjourned at 9:31 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: � Dennis L. Schneider Mayor Pro Tem . � �" Ei 3 _ C�TYOF FRIDLEY EXHIBIT A FR[DLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE N.E FRIDLEY, MN 55432 •(612) 5713450 • FAX (612) 971-1?87 CITY COUNCIL ACTION TAKEN NOTICE Samir Awaijane 5Gyo riuyhes A'veitue i+.n. Fridley, MN 55421 DeaY Mr. Awaijane: June 6, 1991 on June 3, 1991, the Fridley City Council officially approved your request to re-issue special use permit, SP #89-D8, to permit an auto body repair shop at 7570 Highway 65 N.E. The City Council approved the special use permit subject to the following six � stipulations: 1. The special use permit shall be limited to Samir Awaijane, and is not transferrable to another tenant without City Council approval. � 2. The special use permit shall be reviewed on an annual basis by staff with a report to the City Council. Should a hearing by the City Council be necessary due to lack of compliance by the petitioner, the item shall be scheduled for City Council consideration as soon as possible. 3. The building code improvements outlined in Darrel Clark's letter of August 30, 1989 shall be completed for the building �� +�... ��... Of ��. ...� y. � l.- �� �oo� �n� fn,- ±ho 2 gi �i.� �y' y u�s .. , remaining building by September 1, 1991. 4. The storage area for the auto body outdoor storage must be screened in compliance with the petitioner's submitted site plan whiah includes an eight foot wood fence enclosing the storage area. The surface of the storage area for the wrecked vehicles shall be constructed, as recommended by staff, either bituminous surface or gravel surface with or without impervious liner. The storage area screening shall be completed l�y August 1, 1991. � [•1� � � Samir Awaijane June 6, 1991 Page 2 5. The parking lot shall be hardsurfaced, striped, lined with concrete curb, and landscaping installed as per the staff recommended plan hy Segtember 1, 1991, uttless the City Council, via a variance request, approves an alternate plan. 6. The staff's review and report to the City Council shall be scheduled on the first regularly scheduled Council meeting of October, 1991 for compliance with the above stipulations. I have already forwarded to you an Appeals Commission variance application and the schedule for the Appeals Commission and City Council action. If you have any questions regarding the above action, please call the Planning Department at 571-3450. S' cer , arbara Dacy� � Community Developme t irector BD/dn � Please review the above, sign the statement below and return one copy to the City o£ Fridley Planning Department by June 19, 1991. : � �2�`--- . H'! /_°� ` r �. Concur with aCti� aken �. _ EXHIBIT S � � _ C� I 1 �[ fRIDLEY FRIDLEY MUNICIPAL CENTER • 6331 UNIVERS[TY AVE N E FRIDLEY, MN 55132 •(61"!) 571-3450 • FAX (61?I571-1?it7 AuqtLSt 30, 1989 7570 Inc. ' 7570 H.ic�way �65 N.E. FYidley, 2�Gi 55432 Re: Oode Deficiencies at 7570 Hic�nray �65 N.E., FYidley I7ear Sizs: An inspec.-tion on Sune 29, 1989, of tiie aUove noted build'uq, by Darrel Clark, Chief Buildirig Official anl Bob Clauson, Electrical Znspec.-tnr, found the following deficie�cies: � RO2�S02d DoOR �71NY gi, i t dinq Inspectar 1. Repair power vent in batlunan. 2. Provide Oode cm�lyi7lg staiz' azrl a„� r.. i t to ard alorr3 mezzanine level . Flectrical Inspector 1. Remove extensiort oolzi wising. 2. Receptacle to be locat�d aY�we shop lic�ts with gsuuxled cords to fi.xtures. 3. Aocess required to service panel. 4. Fleatrical work to be oac�leted hy a licensed electrical oonttactor. ffi70DY�8 T.V. &uldan4 Inspectnr 1. Re.pair pcxaer vent ?n bathxvm�. 2. PLWlt1e }urrir:ailc OTl S�]S a[1d inc+all 42 1iY�1 �u*.�irail Wl�l 12 ]11C31 `.+'pdC1IYj OR rd1LS �l OF]t'21 S1C�2 OP IIIeZZdTllIle. E10CtI'j.C3], IiL.°j]OC�Qr 1. Wirinq to unit heatet ta be c�oru�ec.�ted to motor prvperly. 2. Added narm�etalic cxbla viring to be installed to Cbde by a lioensed electrical oontractor. 3. R�ie extension oozds to .,hop fixtu�s. Znstall zeceptacles above f��+++*� with gnxuided cotds to fixtvrps. 4. Aooess nequired to sezvioe panel. � 18E � � � � 7s7o Inc. Re: 7570 Hic�twdy �65 N.E. 30, 1989 Pa9e 2 � du� In�pactnr 1. Reooru�ec,-t tiuut heater vent. 2. Pcvvide a oode aasplying stair to mezzanine ax�d aLso p¢w3t7e a 42 isrh mu,�.j,aii m the open side of inezzanirie, v .! =dY: A11�� �' 1. PtvVide Code om�lyirg staii alrl gudtdr3il to affi alo[Y.� meZ��nirw, " 2. CPS]tShc b0112S IIllS't. bE i ncrr ._rr-_huri a� any �c Ii mai r�tnnarr�a y(7� +n_r?a i rc ID1S't bB DIBd2. � �r117: .1 =lv: �. Y:1' :1]1a : Building InspectAr l. Area under stair aust be closed off so that storage can mt oec�s on the urrlerside of stair or area mist be oovered with 5/8 ini� fixe cnde gyps� boaxd. � � . •� • .• �. :.. �,; � din7 Inspector 1. Prwicle pow�er vent in restz�ocm. 2. PSOVide pTt�S st3ir aIY1 rnurrlr,,il ��Z�aniw, � 3. Disoontinue storage under stair or caver bottaa of stair with 5/8 irrh fire oode 4YP6� boaz�i. Ele�.�krical Inspecta� 1. snop liynts neea three wire oozas with xe�tacles ana apprwea ooYa oonnect�ors at fixtuzQS. 2. Fill tanised spaoes in par�1. 3. �rn� feet of cleara�e *�,;*� in fzrnt of sezvice parrl - anve omgre�sor. 4. Re��e rcxm�etalic cabel wirirg. 5. Pmperly inctal7 �nduit With appLwed bmc suppo=ts and str-aping. 6. Rewixe tnalce�-t� air unit to CUde. 7. Flectrical �.ork to be cnmpleted by a lioPnsed electrical co[itractor. Also, avooxriing to rn*��� in as files, the.ne clo� e�st a buried n.+�=,�,tim� tank located bet�.�t the two buildinys. 'Ihis tank ma.s-t be zeooved ard a�**+; t for the L�oV31 15 I+2{;tiiZied. Ztle ��++it �S ar�ninichn.sri �� otlt F1Z� DepditrlfeRt. F1lC.losOd is a sketch showirg the appi-oximate locatias of the tanlc. Please feel � to axrtact me at 572-3602 �•,cp•,,i, ;, anY 4�� Y'� mic�st have m the above not-.ed it�s. � ���� � � • '1' JI M • • • • 1 �""Y �• F%x.: i oc: 2�. Bob clausan 18F