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12/11/1995 - 00001467� � � THE MINUTE$ OF THE REGULAR MEETTNG OF THE FRIDLEY CITY COUNCYL OF DECEMBER il. 1995 The Regular Meeting of the Fridley City Council was called to order by Mayor Nee at 7:33 p.m. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of ATlegiance to the Flage ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Councilwoman Bolkcom MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING, NOVEMBER 27, 1995: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman BiTlings. Upon a voice voteo all voting aye, Mayor Nee declared the motion carried unanimously, SPECIAL MEETING, DECEMBER 5, 1995: MoTION by Councilman Billings to approve the minutes as presented. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslye APPROVAL OF PROPOSED CONSENT AGENDA: Mr. Burns, City Manager, reviewed the proposed consent agenda items. �LD BUSINESS: 1. ORDINANCE NQ. 1059 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 216, ENTITLED "STORM WATER DRAINAGE UTILITY" BY AMENDING SECTION 216.04: Mro Burns, City Manager, stated that this is the second reading of an ordinance that would allow storm drainage fees to be set by Council resolution. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1059 ON 'i'HE SECOND READING AND ORDERED PUBLICATION. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 1995 PAGE 2 � NEW BUSINESS• 2. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE fVACATION RE4UEST, SAV #95-04, BY GARY HEDMANI (WARD 31: Mr. Burns, City Manager, stated that a dwelling was construc- ted on 4op of a ten-foot utility easement, and the vacation is being requested to clear title. He stated that no public utilities are located in this easement. Mr. Burns stated that the Planning Commission approved this vacation subject to a stipulation that the petitioner shall dedicate a new utility easement and commission a survey to verify location of the new easement. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING� WITH THE STIPULATIONS THAT THE PETITIONER DEDICATE A NEi4 UTILITY EASEMENT AND SUHMIT A VERIFYING SURVEY. 3. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REOUEST, SAV #95-05, BY INDUSTRIAL � EQUITYESI (WARD 1� Mr. Burns, City Manager, stated that �his is a request for vacation of a 20 foot drainage and utility easement located near the intersection of 73rd Avenue and the east IIniversity Avenue Service Drive. He stated �hat the easement lies between two lots, and the owners propose to relocate the easement in order to allow construction of an 88,000 square foot industrial building. He stated that there is a 24 incTz storm sewer located in this easement, and it will be relocatecl according to plans that have been approved by the City°s engineers. THIB ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACEH ON THE REGIILAR AGENDA. 4. VARIANCE REOUEST, VAR #95-32, BY INDUSTRIAL EOUITIES, TO ALLOW LOADING DOCKS IN THE FRONT YARD FACING NORTHCO DRIVE, TO ALLOW CONSTRUCTION OF AN 87.600 SOUARE FOOT MULTI-TENANT OFFICEI WAREHOUSE INDUSTRIAL BUILDING, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF 73RD AVENUE AND NORTHCO DRIVE (WARD l� Mr. Burns, City Manager, stated that this proposed building is bounded on three sides by public streets and has three � front yards. He stated that the proposed loading docks will face the interior of the industrial development which will have the least public impact. iie stated that there is adequate room to screen the docks. He stated it is � � � FRIDLEY CITY COIINCIL MEETING OF DECEMHER 11, 1995 PAGE 3 recommended that the variance be granted subject to a landscaping plan and installation of underground irrigation. Mr. Burns stated that the landscaping plan exceeds code requirements for plant material, and the 73rd Avenue sade of the project includes a dense hedge alonq the north edge of the parking lot and fourteen shade trees, l0 to 12 feet high. He stated that staff is in the process of reviewing the land- scaping plan with representatives of the neighborhood. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 5. RESOLUTION NO. 92A-1995 APPROVING THE CREATION OF TAX INCREMENT DISTRICT NO. 14 AND ADOPTING A TAX INCREMENT FINANCING PLAN RELATED THERETO: 6. 7. Mr. Burns, City Manager, stated that Mr. John Allen of Industrial Equities Development Investments is requesting tax increment assistance from th2 HRA for soii correction and relocation of the storm sewer on his building site. He stated that the project is for an 88,000 square foot industrial business center to be constructed at a cost of $3,ODD,000. He stated that assistance is in the form of a$140,OD0 grant and a$140,000 loan. He stated that a similar resolution was adopted by the HRA at their meeting on November 9, 1995. ADOPTED RESOLUTION NO. 92-1995. APPROVE COMPREHENSIVE SIGN PLAN AMENDMENT FOR 7570 HIGHWAX 65 N.E. (WARD 21• Mr. Burns, City Manager, stated that the owner is remodeling the facade of a building that houses more than three tenants and where signage occupies an area that is 4 feet by 130 feet. He stated that the letters are to be no more than two feet high, a single color, and the letters and 3ogos are to be vinyl. He stated that the City and owner will approve the signs before issuance of a permit. APPROVED COMPREHENSIVE SIGN PLAN AMENDMENT FOR 7570 HYGHWAY 65 N.E. RESOLUTYON N0. 93-1995 AUTHORIZLNG CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND FOR THE YEAR 19950 Mr. Burns, City Manager, stated �hat these changes are the result of donations and unforeseen expenditures, and it is the first and only supplemental appropriation for 1995. He stated that an example of these changes are expenditures associated with employee layoffs; removal of the A-frame; and construc- tion of a park shelter at Community Park as a result of the FRIDLEY CITY COQNCIL MEETING OF DECEMBER 11. 1995 PAGE 4 �Lions Club donation. He s�ated tha� the total adjustments are _ $8,150. ADOPTED RESOLUTION NO. 93-1995. RESOLUTION AUTHORIZING THE TRANSFER OF UP TO $190,000 FROM THE CLOSED BOND FUND TO THE SOLID WASTE ABATEMENT FUND; Mr. Burns, City Manager, stated tha� this resolution autho- rizes the transfer of up to $190,000 from the closed bond fund to the solid waste abatement fundo He stated that the total costs for Clean-Up Week, as of November 30, 1995, we�e $204,953. He stated that the amount budgeted was $16,000, and the unfunded portion totaled $187,678. He stated that cash donations were $1,275, and costs yet to be paid are $1,299. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON TFiE REGULAR AGENDA. 9. RESOLUTION NO. 94-1995 PROVIDING FOR A STORM WATER DRAINAGE RATE CHANGE• Mr. Burns, City Manager, stated that this resolution xaises storm water fees £rom $5.25 per acre to $8.40 per acrea He � stated that single-family homes and duplexes are charged at a rate of one-third acre. He stated that fees for these residential properties increased from $i.75 per quarter to $2.80 per quarter. He stated that the fee increase will allow the City to cover the expected shortfall of $116,000 in 1996. ADOPTED RESOLUTION NO. 94-1995. 10. RESOLUTION APPROVING THE FINAL AGREEMENT BETWEEN THE CITY JF FRIDLEY, RAMSEY COUNTY AND THE RICE CREEK WATERSHED DISTRICT RESOLVING THE LITIGATION OVER THE LOCKE LAKE IMPROVEMENT PROJECT: Mr. Burns, City Manager, stated that a settlement was worked out in mediation involving the Locke Lake improvement project. dIe stated that as a result of the settlement, Fridley will remove $52,000 worth of material from Loc7ce Lake and will con'tribulte $54,000 in cash toward the projected cost. He stateci that as a result of Fridley�s contributions, Ramsey County°s contribution will be reduced to $282,734. He stated tha� the Rice Creek Watershed District recognizes its obligation to maintain the Locke Lake sedimentation basin, and the City recognizes its responsibility to maintain the non- sediment basin portion of Locke Lake. � THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGIILAR AGENDA. 1 � � FRIDLEY CITY COUNCIL MEETING �F D&CEMBER 11, 1495 PAGE 5 11. 12 RESOLUTION AUTHORIZING AN INCREASE IN COMPENSATYON FOR FRIDLEY CITY EMPLOYEES FOR THE 1996 CALENDAR YEAR: Mr. Burns, Ci�y Manager, stated that this resolution provides a two percent cost of living increa�e and also provides a two percent increase in automobile allowanceso He stated that it increases the City's mileage reimbursement fxom 29 cents to 30 cents per mile and provides supplementaY holiday pay for police sergeants at the rate of one and one-half times their regular rate of pay. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. APPOINTMENTe CYTY EMPLOYEES: Mr. Burns, City Manager, stated that three employees are recommended £or appointment, two Police Officers and a Human Resources/PUblic Information Technician. He stated that the Police Officers are Steven Monsrud and Brian Weierke, and Lisa McConnell is the Human Resources/Public Information Technician. Mr. Burns reviewed these appointees educational backgrounds and work histories. WTTH THE FOLLOWING APPOINTMENTS BY THE CITY MANAGER: Name Position Lisa Human Resources/ McConnell Pub. Ynfo. Tech. Exempt 5teven Patrol Officer Monsrud Partially exempt Starting Salarv $32,650.18 per year (1995 scale) Startinq Date Replaces Jan . 2 , New position 1996 oonsolidates positions held by M. Susan Irber and Sames Froehle $12.99 Dec. 12, per hour 1995 (1995 cont�act� Jon Burnham Brian Patrol Officer $12.99 IDec, 28, Larry Weierke Partially exempt per hour 1995 Johnson (1995 contract) 13. CLAIMS• �.UTHORIZED PAYMENT OF CLAIM NOS. 654Y5 THROUGH 65593. ' � � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 1995 PAGE 6 14e 15 LICENSESe APPROVED THE LICENSES AS SUSMITTED AND AS ON FYLE YN THE LYCENSE CLERR�S OFFICE. ESTIMATES• APPROVED THE FOLLOWING ESTIMATESa Penn Contracting, Inc. i697 Peltier Lake Drive Centerville, MN 55058 Washington Street Watermain Repair Project No. 272 FINAL ESTIMATE . . . . . . . . . . Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of October, 1995 Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Blvd. N.W. Coon Rapids, MN 55433-5894 $ 6,136.95 . .$14,137.50 Services Rendered as City Attorney for the Months of October/November, 1995 ....$ 7,727.36 Mr. A1 Quam, 399 73rd Avenue N.E., requested that Council eliminate Item 3 from the consent agenda for further discussion. MOTION by Councilwoman Jorgenson to remove Item 3£rom the consen� agenda. Seconded by Councilwoman Bolkcom. iTpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, Councilman Billings stated that he would iike Items 4, 8, l0 and 11 removed from the consent agenda. No other persons spoke regarding the proposed consent agenda items. MOTI013 by Councilman Schneider to approve the consent agenda with the exception of Items 3, 4, 8, 10 and 11 and place these items on the regular agenda. Further, to add the estimate from Barna, Guzy and Steffen in the amount of $7,727.36. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 1995 PAGE 7 � ADOPTION OF AGENDAe MOTION by Councilman Billings to adop� �he agenda with the addition of Items 3, 4, 8, l0 and 11 from the consent agenda. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISITORS: There was no response from the audience under this item of business. PUBLIC HEARINGS: 15. PUBLIC HEARING ON AN ON-SALE LYCENSE TO GOURMET VILLAGE, GENERALLY LOCATED AT 7890 UNIVERSITY AVENUE N.E. (WARD 31: MOTION by Councilwoman Bolkcom to waive ehe reading of �he publio hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:52 p.m. Mr. PribyT, Finance Director, sta£ed �hat $ac Vien Truong has � applied for an on-sale beer license for Gourmet Village at ?890 University Avenue. He stated that this 3icense application has been reviewed by the Police Department and approved by the Public 9afety Director. Mse Jean Y Lu, 956 Jefferson Avenue, St. Paul, stated that she is the Manager for Gourmet Village. She stated that Gourmet Village would be a Chinese restaurant, and they plan to open next week. She stated that they would sell some beer, but most of their sales would be food. �o persons in the audience spoke regarding �his proposed on-sale beer license. MOTION by Councilwoman Bolkcom to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:56 p.m. 17. PUBLIC HEARING TO ESTABLISH STONYBROOK CREEK SPECIAL TAX DISTRICT• MOTION by Councilwoman Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman � Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:56 p.m. � �J � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 1995 PAGE 8 Mr. Flora, Public Works Director, sta�ed that the purpose of the public hearing is to establish a speciaT tax district for �he Stonybrook Creek storm water projecte He stated that the City was petitioned by the residents to improve the storm water system, and they have also agreed to an assessment of $2,000 per lot for their properties. He stated that an ad valorem tax will be split over the watershed district for a period of ten years. Councilwoman Bolkcom stated that at the neighborhood meeting held on this project, there was a question if the assessment could be spread over a number of years. Mr. Flora stated that since this is an ad valorem levy, it has to be levied by the City each year because property values change. Mr. Riohard Harris, 6200 Riverview Terrace, stated that he was not notified of the public hearing and would appreciate receiving a notice if he is going to be taxede Mr. Harris stated that he agreed that this is a necessary project or else someone's house would end up in the creek. He stated �hat the problem is how it is going to be paid for. He stated that in 1974 or 1975, the City tried to get the City of Spring Lake Park to participate in installing a pipe across University Avenue all the way to the river. He stated that this went to court, and the City lost. He stated that the residents east of East River Road had to pay for the pipe coming o£f University Avenue. He said that the state did not participate in that project even though a lot o£ storm water comes from the state hiqhway. Mr. Harris stated that taxes are now going to be raised again to repair and upgrade the storm systems. He stated that the residents have been diligently paying for ten years into this fund and will get assessed again for something that they have already paid. He felt that the storm water tax which the residents have been paying for the last ten years should probably be used to help defray the cost of this project. Councilwoman Bolkcom stated that there is a contribution by the City of $75,000 that is coming out of the storm water fund. She stated �hat there are a lot of other projects �hat have to be funded out of this storm water fund. Mr. Harris said that he understands; however, he has paid into this storm water fund approximately $140 per year. over the ten-year period that is $1,400. He stated that he would like to know what happened to the funds and if they were used elsewhere. Councilwoman Jorgenson stated that the City is spending $280,000 per year on storm water projects, and the cost is being split over the entire City. � � � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 1995 PAGE 9 Mr. Harris questioned if these were new projects or repairs to existing projects. Councilwoman Jorgenson stated that they were primarily repairs to existing projects. Mr. Flora stated that a num�er of storm wa�er pro�ects have bee� completed including Springbrook Nature Center, the 52nd Avenue floodway project, the Main Street project, and the Central Avenue and 64th Avenue projects, to name a few. He stated that the Stonybrook Creek project is essentially only a connection from the Burlington Northern railroad tracks west in order �o complete the piping system and the controlled channei, Mr. Flora stated that there is a four-way split for the cost of �his project with the City of Spring Lake Park, ihe assessment to the residents, the City°s contribution, and the establishment of this tax district. Mr. Harris asked if the watershed districts were assessed on the other storm water projects. Mr. Flora stated that only the Locke Lake dam, Moore Lake and Harris Pond projects and a portion of 64th Avenue �ere assessed. Mr. Harris stated that he has a problem with the ad valorem tax because if the value of the property increases, then it raises the rate so that the City makes more money. He asked if it would appear on the tax statement as a special assessment, Mr. Flora stated that it will appear as a separate line item on the tax statement. Mr. Harris stated that it seems unfair to the commercial and industrial land owners, as the City will be collecting three to four times the amount collected from residential properties. He felt that the properties should be taxed at the same rate. Mr. Flora said that the state legislature decided storm water projects should be funded by an ad valorem tax, and this process was not in effect until about 1984 or until the 509 legislation was enacted. Councilman Billings stated that funds will be used from the storm water fund for this project. He stated that he also pays every month into this storm water fund and, because oi where he lives, he is not affected by storm water runoff. He s�ated that residen- tial areas have a tendency to have more green area which are able �o absorb more water. Yndustrial and commercial sites fiave more parking areas and water tends to drain off the site. FRIDLEY CITY COUNCYL MEETING OF DECEMBER 110 1995 PAGE 1Q � Mayor Nee stated that the City finally has a solution that is acceptable to everyone, and he feels that it is the best argument to complete this improvement. No other persons in the audience spoke reqarding this proposed special tax district. MOTION by Councilwoman Bolkcom to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vo�e, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed a� 8:20 p.m. OLD BUSINESS• 18. ORDINANCE NO. 1060 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 31 ENTITLED "PAWN SHOPS," BY AMENDING SECTIONS 31.06. 31.11e 31.12. 31.13, AND ADDING NEW SECTION 31.14, AND RENUMBERING THE REMAINING SECTIONS CONSECUTIVELY. AND AMENDING CHAPTER 11, "GENERAL PROVISIONS AND FEES:" Mr. Sallman, Public Safety Director, stated that prior to last year, the City did not have experience witfi pawn shops; however, during this year, some problems have arisen with the pawn shop ordinance regarding regulation. He stated that the fee the City � charqes for a license is not adequate in terms of what it costs the City to regulate those businesses. He stated that this is the reason changes are proposed to the pawn shop ordinance. Mr. Sallman introduced Mr. Robert Rewitzer of the Police Department who outlined the proposed changes to the ordinance. Mr. Rewitzer, of the Police Department, reviewed the deficiencies in the current ordinance ancT stated that several changes were recommended, as follows: (1) limiting the number of pawn shop licenses to three and giving priority to renewals of exiting licenses; (2) incorporating language concerning record keeping and reporting by the pawn shops to require conformity to systems adopted by the Police Department; (3) requiring that all numbers and identifying marks on pawned or sold property be recorded and, further, requiring photo identification of persons seeking to pawn or sell property; (4) clarifying the existing intent of the ordinance; that pawned items be held on the licensed premises and, further, that outside storage of pawned property conform to existing zoning requirements; (5) clarifying the procedures under whicYn stolen property found at pawn shops is held and seized; (6) limiting the conditions under which property may be received ait a pawn shop, specifically that items must not have altered or obTiterated serial numbers; items must not be encumberecl by a � security interest; the item must belong to the person pawning or selling the property; and the pawn shop must obtain photo identification of persons seeking to pawn or sell property; (7) limiting the conduct of persons seeking to pawn or sell items, � � � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11. 1995 PAGE 11 specifically persons may not pawn or sell property not their own or secured; persons under eighteen years o£ aqe may not pawn or sell property; persons seeking to pawn or sell property must present photo identification; and further requiring pawn shops to post notice of the above stipulations in signage at least four feet square with letters at least three-quarters of an inch high and requiring that a separate written notice be issued to and signed for by persons seeking to pawn or sell property; (8) raising the annual pawn shop license fee from $8,000 per year to $15,00o per year to cover the costs of enforcement and monitoring, Mr. Rewitzer stated it is believed that this proposed ordinance will best serve the interests of the community. He stated that the change in the fees is requested to better reflect the cost for enforcement and monitoring the pawn sriops. He stated that the cost to the City is about $1,251 per month or $15,014 per year. He stated that in a recent survey of 27 communities, eleven have license fees of $10,000 or more. Mr. Tim Welch, 115D S. 5th Street, Suite 2300, Minneapolis, stated that he was representing Pawn America. He stated that they support the ordinance and have worked with the cities of Burnsville and Roseville to pass similar ordinances. He stated that they wished to address several issues. He stated that the ability of their computerized system to collect information is somewhat limited. He stated that they can collect serial and model numbers but identifying information and additional descriptions may be impossible. Mr. Welch stated that the requirement to obtain the name, address and telephone number of a person to whom an item is sold may not be constitutional in terms of privacy issues. He stated that he did not feel that that information bears any necessity to determine if the item in and of itself was stolen property, I-Ie s�a�ed that in regard to storage of items, they are proposing that the storage area be on an approved site but not on the licensed premises because there is not space available. He stated that if the Police Department has reason to believe something is stolen and a°Phold1° is placeci on that item, he suggested some notice be given and some reasonable length of time be established when this item can be taken off "hold.1° He stated that there are also o�ther issues per- �aining to search and seizure and, if an item is found to be stolen, whether the cost o£ prosecuting is attributable to 'the store. Mayor Nee asked Mr. Welch if the Police Department had communicated with them before toniqhtos meetinge aie stated that it seems this item should be referred back to the Police Depar�tment to try to resolve these issues. Mr. Welch stated that he would agree, but notice was received that this was the second reading of the ordinance. � PRIDLEB CITY COUNCIL MEETING OF DECEMBER 11. 1995 PAGE 12 Mayor Nee stated that the City is concerned that pawn shop businesses do not invite a ready market for stolen goods. Mr. Welch stated that the license £ee proposed is the highest fee they would pay in any community. Councilwoman Bolkcom asked if the pawn shop owners were notified that the ordinance changes were being considered by the City. Mr. Sallman stated that the first xeading of the ordinance was November 27, and there was some urgency to have the ordinance in place by the first of the year. �T THIS TIMEi MAYOR PRO TEM �CHNEIDE$ TOOR OVER �HE MEETING Fp� MAYOR NEE �PHO LEFT . MOTION by Councilwoman Jorgenson �o receive the 3etters from Bernard Brennan of Cash-N-Pawn dated December 11, 1995 and from Bill Richards of Express Auto Pawnbrokers, Inc, dated December 7, 1995. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. Mr. Burns, City Manager, stated that Mr. Sallman could respond to � the comments by Mr. Welch, and then Council could ciecide if they want to table this item or proceed with the second reading of the ordinance. Mr. Gregg Herrick, Assistant City Attorney, stated that if Council received any license applications, prior to adoption of this ordinance, they probably could not deny those persons from applying for the license. Councilwoman Jorgenson asked if a moratorium couldlbe placecl on any more pawn shops in the City until this ordinance is refined. Mr. Herrick s�ated that a moratorium may be possibTe, but he is not sure at this time of the legal requirements for publication. Mr. Herrick stated that one option is tha� Council could split off Section 31.06 and adopt that section which refers to the granting of new licenses and authorize staff to review, with the various pawn shop owner, �he balance of the ordinance. MOTION by Councilwoman Jorgenson to waive �he reading and adopt Ordinance No. 1060 on the second reading to recodify the Fridley City Code, Chapter 31, entitled "Pawn Shops,�� by amending Section 31.06 and amending Chapter 11, "General Provisions and Fees" and � order publica�ion. Further, to delete Sections 31.11, 33.12, 31.13, and the new section 31.14 from this ordinance. 5econded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. � ' ' FRYDLEY CYTY COUNCIL MEETING OF DECEMBER 11. 1995 PAGE 13 MOTION by Councilwoman Jorgenson to direct staff to work with the pawn shop owners to try to work out an agreement that will meet both their needs and the City's and bring this item back to Council after this review. Seconded by Councilwoman Bolkcom. Upon a voice vote, aTl voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. NEW BUSINESS: 19. RESOLUTION NO. 97-1995 ADOPTING A BUDGET FOR THE FISCAL YEAR 1996: Councilman Billings asked how the ad valorem tax proposed for 1996 compares with 1995 and what impact there would be if it was kept at the 1995 level. Mr. Pribyl, Finance Director, stated that it is up $181,86� or about a four percent increase. He stated that the City would have to revert to fund balances for use in 19960 Councilman Billings asked what the current undesignated amoun� of funds in the General Fund is. Mro Pribyl stated that it is approximately $6 million which includes the various reserves and about $3 million for the �ond £und. Councilman Billings stated that the ad valorem �ax for the City fox next year is $3.7 million. Between the closed bond fund and the General Fund there is about $9 million undesignated. Councilman Billings stated that the City Manager is recommending �hat the City decrease some of the winter skating activities and close three warming houses. He asked what the cost would be to staff to replace these warming houses with temporary ones for the winter season. Mr. Pribyl sta�ed that Jack Kirk, information that the cost would warming houses and staffinge Recreation Director, has provided be about $13,000 for the three Councilman Billings sta�ed that the budget provides for a two percent increase for City employees. He asked how mucfi additional funds would be needed to provided for a 2-1/2 percent increase. Mr. Pribyl stated that the cos� would be approximately $33,000 and about double this figure for a one percent increasea MOTION by Councilwoman Jorgenson to adopt Resolution No. 97-1995. Seconded by Councilman Billings. MOTION by Councilman Billings to amend the budget by adding $13,000 to the Recreation Department budget and by increasing the amount � � � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11. 1995 PAGE 14 of General Fund reserve transfer by this same amount. MOTION FAILED FOR LACK OF A SECOND, MOTION by Councilman Billings to reduce the ad valorem tax amount by $181,864 and that the General Fund reserve be increased by this same amount. MOTION FAILED FOR LACK OF A SECONDe MOTION by Councilman Billings that the 3ine items regarding personnel throughout the budget be increased from a two percent increase to a three percent raise for City employees and increase the total amount of expenditures by $67,000 and the General Fund by this same amount. MOTION FAILED FOR LACK OF A SECOND. Councilman Billings stated that during the iast several years, Council saw fit to proceed with special projects �hat were not in the five-year plan. He stated that Punds were spent on a park and storm water project, as well as a City-wide cleanup to the tune of approximately $200,000 that was unbudgeted. He stated that he finds it interesting, with $9 million in undesignated surpluses, that Council chooses not to provide $13,000 to maintain the warming houses at three parks; that they want an ad valorem tax; and are limiting the salary increases to only two percent when the cost of living has risen more than two percent. He stated that �he increase for state employees will probably be about four percent. Councilman Billings stated that there were a number of private citizens that devoted a lot of time and ef£ort to the City-wide cleanup, as well as a lot of employees. He stated that it could be construed by the employees that a major portion of the cleanup is coming at the expense of their salary increases. Councilwoman Jorgenson stated that the City has chosen not to participate in the federal grant to hire an additional police officer, but yet there is discussion about putting up temporary warming houses. She stated that she cannot see the analogy, and this should have been addressed at the budget discussions, not at this time. Councilman Billings stated that he cannot understand the analogy �ither between not having a police officer and $13,000 for warming houses. He stated that he was not aware of the actual extent of losing the three warming houses until a few weeks ago when he was contacted by citizens. He stated that during the budget hearing he indicated he had a problem with this issue. Mayor Pro Tem Schneider stated that there were many work sessions held on the budget. Any member of the Council could propose modifications, but he would react negatively to any modifications at this point. Councilwoman Jorgenson stated that the budget this year was very difficult, and tough decisions had to be made on how the City would �', FRIDLEY C%TY C�UNCIL MEETING OF DECEMBER 11, Y995 PAGE 15 operate for the next yearo She felt that Council tried to minimize the loss of services for all its citizens. At this time the Mayor returned to fiis seat. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION to adopt Resolution No. 97-1995, Councilwoman 3orgenson, Councilwoman Bolkcom, Mayor Nee and Mayor Pro Tem Schneider voted in favor of the motion. Councilman Billings voted against the motion. Mayor Pro Tem Schneider declared the motion carried. 20e RESOLUTION NO. 98-1995 DECLARING THE NECESSITY TO LEVY A TAX WHICH APPEARS TO BE IN EXCESS OF 16 MILLS AND CERTIFYING TAX LEVY REOUIREMENTS FOR 1996 TO THE COUNTY OF ANOKA FOR COLLECTION• Mr. Pribyl, Finance Director, stated that Lhis resolution grants Council the authority to levy a tax which appears to be in excess of 16 mills. He stated that the resolution aTso provides for the certification of the 1996 tax levy to Anoka County for collection. He stated that the resolu�ion satisfies both the Charter and the Truth in Taxation requirements. MOTION by Councilwoman Jorgenson to adopt Resolu�ion No. 98-1995. � Seconded by Mayor Pro Tem Schneider. Upon a voice vote, Council- woman Jorgenson, Mayor Pro Tem Schneider, Councilwoman Bolkcom, and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Pro Tem Schneider declared the motion carried. � 3. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REOUEST, SAV #95-05, BY INAUSTRIAL EQUITIES) (WARD 11: Mr. Hickok, Planning Coordinator, stated that this vacation is to vacate a 20 foot easement. He stated that if the easement is vacated, a 24 inch storm water pipe would have to be relocated and done in a manner acceptable to 5taff and Council. He stated that %he purpose of the vacation is to allow the construction of an 88,000 square foot industrial building. Mr. Hickok stated that the Planning Commission recommended approval of this vacation with two stipulations: (1) the petitioner shall maintain the storm water drainage system from the manhole located in the southeast corner o£ the parking lot and the outlet located at the intersection of 73rd Avenue and the east University Avenue Service Road; and (2) the petitioner shall execute and record against the property a storm water pond maintenance agreement. Mr. Quam, 399 73rd Avenue, asked that this vacation be combined with the variance request for loading docks. He stated that he FRIDLEY CITY COUNCIL MEETING OF IDECEMBER 11, 1995 PAGE 16 � lives on the north side of 73rd Avenue in Melody Manor and will be exposed to a substantial change of view from this project. He stated that he wouTd like �o work toward a solution for screening and retaining the aesthetics in Melody Manor. Councilman Schneider stated that he does not see the correlation between the vacation of this easement and the landscaping. Mr. Quam stated that it is probably more reYa�ed to the variance xequest, VAR #95-32, for the loading docks. MOTION by Councilman Billings to waive the reading and approve the ordinance on first reading with the following stipulations: (1) the petitioner shall maintain the storm water drainage system from the manhole located in the southeast corner of the parking lot and the outlet located at the intersection of 73rd Avenue and the east University Avenue Service Road; and (2) the petitioner shall execute and record against the property a storm water pond main- tenance agreement. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. Mayor Nee left the meeting at this time and did not return. � 4. VARIANCE RE4UEST. VAR #95-32, BY INDUSTRIAL EQUITIES, TO ALLOW LOADING DOCKS IN THE FRONT YARD FACING NORTHCO DRIVE, TO ALLOW CONSTRUCTION OF AN 87.600 SQUARE FOOT MULTI-TENANT OFFICE/ WAREHOUSE INDUSTRIAL BUILDING, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF 73RD AVENUE AND NORTHCO DRIVE (WARD 11: Mr. Hickok, Planning Coordinator, sta'ted that this is a request to allow the loading docks on the southeast corner of the building to exist on the front lot of this property. I-Ie s£ated that when a parcel has multiple streets surrounding it, the narrowest lot dimen5ion is used to cietermine the '�front" lot. He stated that in this case, it is the east boundary. Mr. Hickok stated that the petitioner submitted a hardship state- ment and indicated that the fact that this site is entirely surrounded by University Service Drive, 73rd Avenue, and Northco Drive, and that there is little opportunity to construct loading docks out of public view. Mr. Hickok stated that staff and the Appeals Commission reviewed the request and recommends approval with the following stipula- tions: (1) the petitioner submit a landscaping plan that would adequately screen tfie loading docks; and (2) the petitioner install an underground irrigation system. � Councilman Billings asked if this variance was consistent with other variances issued in the City where property is surrounded on three sides by streets. � � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11. 1995 PAGE 17 Mr. Hickok stated that this is a unique case, ship of being surrounded by three streets. Councilman Billings stated that at the last discussion about landscaping in the median e�.pense . and there is a hard- meeting, there was at the developer°s Mr. Hickok stated that a landscaping plan has been submittecl. He stated that what is proposed is the pYanting of shade trees, as well as a three foot hedge. He stated that in the corners, there will be a variety of other shrubs and some flowering crabs at the entrance. He stated that all the landscaping requirements have been met, and a variety of landscaping has been proposed to make the site aesthetically pleasing and to provide screening. Councilwoman Jorgenson asked about the past zoning history of this parcelo Mr. Hickok the 1950's ordinance. stated that this area has been industrial zoning since as shown in the City's Comprehensive Plan and Zoning Councilwoman,Torgenson stated that the residents that built across the street from this property should have had knowledge that this site was zoned industrial. Mr. Quam, 399 73rd Avenue, stated that Scott Hickok has provided him with the Tandscaping plan. He stated �hat the residents can hardly notice the development on 73rd Avenue that has taken place to this date. He stated that he wanted to work towards a solution and, when this issue was discussed at a previous meeting, the developer voiced encouragement that he would work to provide sufficient landscaping. He felt that it would be an excellent idea to plant evergreens in the median to shield the development from the neighborhood to the north. Mr. Hickok stated that staff did not suggest plantings in the median to the developer. He stated that staff is concerned about installing plantings in the median, as they may no£ get sufficient wa�er, may be difficult to maintain, and may create problems for maintenance personnel. Mayor Pro Tem Schneider stated that he is sure staff will follow through to make sure all the landscaping requirements are met and that it will be aesthetically pleasing to the residents. At this time Councilwoman Jorgenson left the meeting temporarily. MOTION by Councilman Billings to concur with the recommendation of the Appeals commission and grant Variance Request, VAR #g5-32, with � the following stipulations: (1) submission of a landscaping plan adequately screening the loading docks; and (2) installation of underground irrigation. Seconded by Councilwoman Bolkcom. Upon � FRIDLEY CITY COIINCIL MEETING OF DECEMBER 11. 1995 PAGE 18 a voice vote, all voting aye, Mayor Pro Tem Schneider declared the mo�ion carried unanimously. RECESS: Mayor Pro Tem Schneider called a recess at 9:38 p.m. RECONVENED: Mayor Pro Tem Schneider reconvened the meeting at 9:50 p.ma All members of the Counoil wera present except Mayor Nee. 8. RESOLUTION AUTHORTZING THE TRAN5FER OF UP TO $190,D00 FROM �HE CLOSED BOND FUND TO THE SOLID WASTE ABATEMENT FUND: MOTION by Councilwoman Bolkcom to table this item and direct staff to bring it back at the appropriate time. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilwoman Bolkcom, CounciTwoman Jorgenson, and Mayor Pro Tem Schneider voted in favor of the motion. Councilman Billings voted against the motion. Mayor Pro Tem Schneider declared the motion carried. 10. RESOLUTION N0. 95-1995 APPROVING THE FINAL AGREEMENT BETWEEN THE CITY OF FRIDLEY, RAMSEY COUNTY AND THE RICE CREEK WATER- SHED DISTRICT RESOLVING THE LITIGATION OVER THE LOCKE LAKE IMPROVEMENT PROJECT: � Mr. Flora, Public Works Director, stated that the City was involved in litigation with the Rice Creek Watershed District and Ramsey County regarding an ad valorem tax for the Locke Lake improvement project. He stated that in the mediation process, Ramsey County agreed to contribute $282,734 as its share. Fridley will make a monetary contribution of $54,000 and will remove $52,000 worth of material in order to reduce the costs to Ramsey County. � Mr. Flora stated that it was also agreed that the Rice Creek Watershed District would provide, at its cos�, the maintenance required for the sediment basin portion o� the project and that Fridley would provide any maintenance required for the non-sediment basin portion of the project. Councilman Billings stated this agreement indicates tha� an additional $54,000 will be paid to Ramsey County by the City. He asked what funds would be used and if it was a budgeted item. Mr. Flora stated that it was not a budgated item. He stated that it is expected to be assessed to the abutting Locke Lake properties. He stated that there is a petition being circulated for this action and will probably be submitted �o Council the second meeting in January. Councilman Billings asked what would happen if the property owners do not sign the petition. Mr. Flora stated �hat if more than fifty percent of the property owners sign the petition, it will be presented to Council, and a ' FRIDLEY CITY COUNCIL MEETING OE DECEMBER 11, 1995 PAGE 39 decision will have to be made whether or not to proceed with a special tax district. He stated that if it would fail, it would be the decision of Council where the funds would be obtainedo Ms. Mary Vasecka, 6909 Hickory Drive, thanked staff and Council who did everything they could for this project to proceed. She stated that it appears the City is rewarding Ramsey County for filing the lawsuit, She stated that the sticking point was whether Ramsey County was properly notified. She stated that if they were not notified, it is not the City°s fault. It would be the engineering firm or Ramsey County itself. 5he questioned why the mediation took place and why this settlement. Ms. Vasecka stated that she did not want to pay any more �han what she has already paid for the dam. She stated that sfie is being told she needs to pay another $1,500. She asked what guarantee there is that this project would be completed in a timely manner. Mr. Flora stated that with respect to the dam, there was only one assessment, and that was about $3,000. He stated �hat the agreement refers to the excavation of Locke Lake. Mr. Flora stated that when the Appeals Court heard this case, they sent the notice question back to the District Court to review. He � stated it was £elt that once it was sent back to the District Court, the judge would address other items that previously had not been decided. He stated that another issue was the time element, and the court suggested a mediation processe � Mr. Flora s�ated that when the project was going to be fought in the Appeals Court, there was a meeting with the Locke Lake home- owners to see if the issue could be resolved by offering Ramsey County some additional funds. He stated that the Locke Lake Homeowners Association thought $1,500 from each property owner would expedite the project. He stated that in the process, an offer was made to contribute $54,000 to Ramsey County's share of the cost so they would withdraw their appeal so the project could proceede He stated that this offer was not enough, and an additional $52,000 was needed. Mr. Flora stated that the City looked at the possibility of com- bining this project with the Stonybrook Creek project. He stated that Ramsey County was willing to settle if they could reduce their assessment by $106,000. Mr. Flora stated that in the settlement agreement, the Rice Creek Watershed District stated that they would award the contract by the fall of 1996. He stated that if this is so, he believed the project would be completed by June of 1997, He stated the guaran- tee the City has is that this agreement will be presented to the District judge. It outlines what the Rice Creek Watershed District would accomplish and legally binds them to the contract. He stated �i L� � ' FRIDLEY CITY COUNCIL MEETING OF DECEMBER Y3. 1995 PAGE 20 �hat, to date, the City has provided the Rice Creek Watershed District with $25,000 as part of the petition process to get the project started. MOTION by Councilwoman Jorgenson to adopt Resolution No. 95-1995. Seconded by Councilman Billings. Upon a voice vote, Councilwoman Jorgenson, Councilman Billings and Mayor Pro Tem Schneider voted in favor of the motion. Councilwoman Bolkcom abstained from voting on the motion. Mayor Pro Tem Schneider declared the motion carried. 11. RESOLUTION NO. 96-1995 AUTHORIZING AN INCREASE IN COMPENSATION FOR FRIDLEY CITY EMPLOYEES FOR THE 1996 CALENDAR YEAR: Mr. Hunt, Assistant to the City Manager, stated that �his resolution authorizes a two percent increase in salaries; an increase of two percent in automobile allowances; a one cent increase in mileage reimbursement from 29 cents per mile to 30 cents per mile, and a supplemental holiday pay for sergeants equivalent to one-half of their regular rate of pay for work on City designated holidays. MOTION by Councllman Billings to adopt Resolution No, 96-1995. Seconded by Councilwoman Bolkcom. MOTION by Councilman Billings to amend this resolution by increa- sing the salaries of City employees from two percent to three percent and increasing the automobile allowances from two percent to three percent. MOTION FAILED FOR LACK OF A SECOND, IIPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilwoman Jorgenson, Councilwoman Bolkcom, and Mayor Pro Tem Schneider voted in favor of the motion. Councilman Billings voted against the motion. Mayor Pro Tem Schneider declared the motion carried. 21. VARIANCE REOUEST, VAR #95-34, BY ERICKSON OIL PRODUCTS, TO INCREASE THE MAXIMUM SIZE OF A FREE-STANDING SIGN FROM 80 SQUARE FEET TO 126 S4UARE FEET, GENERALLY LOCATED AT 7600 UNIVERSITY AVENUE N.E. (WARD 3): MoTION by Councilwoman Bolkcom to table this item until the first meeting in January, 1996 at the request of the petitioner. Seconded by Councilwoman Jorgensono Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declarecl the motion carried unanimously. 22. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that he would like to discuss the attorney contracts in the informal session. Councilwoman Bolkcom suggested that Council discuss �he warming houses. � � � ERIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 1995 PAGE 21 Councilman Billings stated that he finds it paradoxical to discuss this in a work session after no one would second his motion. Councilwoman Bolkcom stated that she did not second the motion because she was not sure if she was willing to spend an additional $13,000. ADJOURNMENT: MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilwoman Bolkcom. Upon a voice vote, Councilwoman Jorgenson, Councilwoman Bolkcom, and Mayor Pro Tem Schneider votecl in favor of the motion. Councilman Billings voted against the motiona Mayor Pro Tem Schneider declared the motion carried and the Regular Meeting of the Fridley City Counci� of December 11, 1995 adjourned at 10:18 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Dennis L. Schneider Mayor Pro Tem