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10/25/1999 - 00000744THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOBER 25, 1999 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe, and Councilmember Bolkcom MENIBERS ABSENT: None. STATEMENT OF MEETING CONDUCT: Please be reminded that those present at today's meeting may hold a variety of views and opinions regarding the business to be conducted. The exercise of democracy through representative local government requires that ALL points of view be accommodated at these proceedings. It is further expected that a standard of mutual courtesy and respectfulness be exercised by all in attendance, through our individual expression, manner of speaking, and conduct. Therefore, please receive the views of others with the same degree of courtesy and respect which you desire to be given your views and opinions. Any departures from this standard will be addressed by the Presiding Officer through whatever means are deemed appropriate. Thank you for your attendance at today's meeting, and your agreement to abide by these standards of personal conduct. APPROVAL OF MINUTES: COUNCIL MEETING — SEPTEMBER 13, 1999: MOTION by Councilmember Wolfe to amend stipulation number 9 on page 29 to state that service doors will face University Avenue (not towards the residential neighborhood to the east). Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. CITY COUNCIL MEETING OF OCTOBER 25, 1999 PAGE 2 NEW BUSINESS: 16. RECEIVE PETITION PERTAINING TO ORDINANCE NO. 1130 (FRANCHISE FEES): Mayor Jorgenson stated that Council has reviewed a petition that was circulated by a group opposed to the franchise fee that was approved by Ordinance No. 1130 in August. The petition reflects a lot of work by those involved in circulating it. The City Charter is clear on the actions that need to be taken. First, the City Council will move to accept the petition. Second, the City will vote to affirm or set aside the proposed ordinance. The City Council heard public testimony on the issue on three occasions over a six-week period prior to voting on this issue. Several changes were made as a result of the testimony heard. No one on this Council voted on this issue without a lot of prior thought. Mayor 7orgenson continued by saying that in addition, there has been ample opportunity for each of the Councilmembers to give considerable thought to our actions during the past several weeks while the petition has been circulating. If the Council votes to affirm Ordinance No. 1130, there will be a date set for an election to allow the citizens an opportunity to express their position on this issue. At this time, when Council votes to affirm or set aside Ordinance No. 1130, a spokesperson from each committee will be invited to speak for a period of up to ten minutes to affirm or deny the franchise fee ordinance. After discussion, Council will move immediately to vote on the motion. Councilmember Billings stated that it would be appropriate to have the City Clerk, Ms. Debra Skogen, present the petition, and a motion be made for Council to receive the petition. Mayor Jorgenson stated that it would be appropriate to receive the petition first, and then give the petitioners an opportunity to speak. Ms. Skogen stated that a petition was submitted on October 8, 1999. On January 1, 1999, there were 17,136 registered voters in the City f Fridley. The petitioners needed fifteen percent (15%), of those registered voters' signatures for the petition to be sufficient. They submitted 3,694 signatures, of which 3,157 were valid. This number of signatures is appro�mately eighteen percent (18%). Ms. Skogen stated that she was presenting the petition to the City Council, who then must vote to reconsider Ordinance 1130. If Council votes affirmative, they will immediately call for an election. The election could be by a special election, or sent to the ne� 1 municipal election. The earliest possible date for an election will be December 14, 1999. The City does have to notify the County no less than 49 days according to State Law. All polling locations are available that day. CITY COUNCIL MEETING OF OCTOBER 25, 1999 PAGE 3 MOTION by Councilmember Billings to received the petition. Seconded by Council- member Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Jorgenson asked if there was a spokesperson ready to speak for the petition committee. Mr. Tim Werner, 6424 Able Street, stated that he was one of the people who helped to put the petition together. He stated that he was present to say thank you to the people of Fridley. The citizens rallied against the City, and they stood up against a tax that they felt was not fair. The community, as a whole, was against the franchise fee. They urged Council not to go ahead with the fee and not to waste taxpayers' money. 17. RECONSIDERATION OF ORDINANCE NO. 1130: AN ORDINANCE OF THE CITY OF FRIDLEY, MINNESOTA, AMENDING THE CITY CODE TO INCLUDE A NEW CHAPTER 409, ENTITLED "FRANCHISE FEES:" MOTION by Councilmember Billings to reconsider Ordinance No. 1130. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked for further clarification of the purpose of the yellow forms passed out to the audience at the beginning of the meeting. Mayor Jorgenson stated that, depending on the vote of Council, the yellow forms would be used for the City to prepare additional mailings for any information necessary prior to the Special Election vote, if Council reaffirms Ordinance No. 1130. Councilmember Bolkcom asked for further clarification of the vote for the ordinance. Mayor Jorgenson stated that if Council voted to reconsider the motion, then Council would need to reaffirm or throw out the ordinance. Mr. Werner asked if the petition group would receive the yellow forms also. Mayor Jorgenson stated that it was public information. Mr. Werner asked if Council would use the yellow forms for lobbying the community. Mayor Jorgenson stated that Council would use the forms to provide information from the questions received to the community. CITY COUNCIL MEETING OF OCTOBER 25, 1999 PAGE 4 Mr. Werner stated that his group was planning to lobby the community. Mayor Jorgenson stated that Council has not come to that determination yet. It would depend on the vote of Council to reaffirm or throw the ordinance out. Councilmember Billings asked if Council was considering a motion to reconsider the ordinance, or if this was a motion to bring it off the table for reconsideration. Mayor Jorgenson stated that it would be a motion to reconsider the ordinance, and Council would need a second motion to affirm or deny the ordinance. Mr. Knaak stated that was correct. MOTION by Councilmember Billings to affirm Ordinance No. 1130 as originally passed. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Billings thanked the petition committee and all of the people who signed the petition. There are appro�mately 17,000 registered voters in the City of Fridley. Appro�mately 3,500 signed the petition. He felt this showed a tremendous desire to be involved in what was going on in the City. There are another 14,000 people who have not expressed an opinion. This would give the opportunity for all of the people in Fridley to express their opinion. Councilmember Billings stated that there are some folks who have called and indicated that they have signed the petition, but after they found out more information about it, they asked to have their name removed. Unfortunately, the City Clerk cannot do that because the petition was circulated, signed, and already presented. 18. RESOLUTION NO. 88-1999 DECLARING A SPECIAL ELECTION ON DECEMBER 14, 1999: Ms. Skogen, City Clerk, stated that the soonest an election could be held would be December 14, 1999. Within 49 days from tonight, she has to notify the Anoka County Auditor's office of the special election which would bring them to December 14, 1999. After that date, the holiday season begins, and there is also some concern whether or not rosters would be available due to the Year 2000 possible non-compliance issues. Staff recommended that the election be held on December 14. All of the polling locations are available on that day. MOTION by Councilmember Bolkcom to approve Resolution No. 88-1999 declaring a special election on December 14, 1999. Seconded by Councilmember Wolfe. CITY COUNCIL MEETING OF OCTOBER 25, 1999 PAGE 5 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Billings asked Mr. Burns how it would affect the budgeting process if they held the special election in November of 2000. Mr. Burns, City Manager, stated that they would not know the impact until the year was practically complete, but it would probably have an impact on the year 2001 budget. Councilmember Billings asked if the 2001 preliminary budget needs to be sent to Anoka County in September of the year 2000. Mr. Burns, City Manager, stated that the third week in August is when they have to send the budget levy and preliminary budget to the County. Councilmember Billings asked Mr. Burns if the year 2000 budget was based on the franchise fee being in place. Mr. Burns stated that it was. Prior to the franchise fee, they recognized a$1,500,000 shortfall of general fund revenue expenditures. With the franchise fee, it still would have been a shortfall of $750,000 in fund balance uses. Councilmember Billings stated that if the year 2000 referendum was successful, and the $750,000 was not available, there would be some changes in the budget for the year 2000. Mr. Burns stated that they will have to use fund balances to accommodate for the shortfall. Councilmember Billings stated that it makes sense to find out the results of the referendum vote at the earliest time reasonable, so they can plan for the year 2000 and the year 2001. Mr. Burns stated that was correct. Mayor Jorgenson asked Mr. Knaak what would be the date that the franchise fee would be in effect that if go forward with the December 14 special election. Mr. Knaak, City Attorney, said that the City Charter stated that the effective date would be December 14, 1999. He believed the fee would first occur in the January bill. Ms. Skogen, City Clerk, stated that they still have to canvas the results of the election, within seven days of the election. Mr. Knaak stated that the City Charter provides that if in fact, there is a majority vote at the election, the ordinance becomes effective immediately upon the vote. The bottom line is that once the majority vote occurs, is when the franchise fee would occur. CITY COUNCIL MEETING OF OCTOBER 25, 1999 PAGE 6 Mayor Jorgenson stated that she thought if there were less than 100 votes there may be a recount. If the franchise fee becomes reaffirmed by the City Council, there would need to be a special meeting canvas, and the City will move on from there. Councilmember Bolkcom stated that the cost of the special election would be around $10,000. Ms. Skogen stated that it would be around $10,000, and the majority of that would go to pay for the City's legal publication costs, to pay the election judges, and for using a paper ballot, rather than the active vote ballot which is less expensive. Mayor Jorgenson stated that the special election will be held on December 14, to review the issue, and the City Council will hold a special meeting to accept the canvas. This is usually a short meeting. Councilmember Bolkcom asked if the election judges would be doing the counting. Mayor Jorgenson stated that the election judges do the counting but the ballots are taken out to another area at the County which would affirm it. Mr. Knaak stated that seven days is not uncommon for a canvas. Mayor Jorgenson stated that City Council will meet December 20 at 7:00 p.m. to accept the canvas. Councilmember Barnette stated that he was very strongly in favor of this franchise fee. He stated that he would like to propose that the League of Women's Voters, a non-partisan group in Fridley, set up a time prior to the election, so they could have a public forum with two people from the Council plus two people from the referendum committee. They would each take five minutes to present the stipulations, have half an hour of questions from the audience and maybe about ten minutes of wrap-up. The meeting should be very unemotional, and not so adversarial because Council are all taxpayers too. Mr. Werner stated that this is an emotional issue. This is people's livelihood, their tax dollars. Some people do not think the City should be digging into their pocketbooks every day. The City should be able to control the budget. There is no reason to have a League of Women Voters discussion group on it. The discussion should be right now. Councilmember Barnette stated that he was suggesting that the League of Women Voters sponsor the forum. Mr. Werner stated that lots of taxpayers' money would be spent lobbying for this. Many people, such as senior citizens, cannot afford to be taxed on their fixed incomes, any more than the rest of the hard-working folks can who are not on a fixed income. The Council is CITY COUNCIL MEETING OF OCTOBER 25, 1999 PAGE 7 forgetting that they all have to work for a living. The City has to spend $10,000 on a special election and lobbying, where the citizens have to pay the bill. The City has already had their discussions and knew what they were going to do. Mayor Jorgenson stated that there is a rebate mechanism in the franchise fee for senior citizens and low-income people, to give them back that money. If there is no support for the suggestion of ineeting with the League of Women Voters, then it is the City of Fridley's loss because that is democracy in progress. Mr. Werner stated that this is democracy, but the Council wants to stifle it. Mr. Al Stahlberg, 8055 Riverview Terrace, stated that he and his neighbors have to pay for the new streets and sewers, pay taxes to School District 11, and now a franchise fee. He can only work so many hours a day. Mayor Jorgenson stated that the project for the streets and sewers was over $2,000,000. She guaranteed the citizens in that area that they are not even going to scratch the surface of what it cost for that project. The City picks up the majority of that cost. Ms. Dawn Locker, 6856 Monroe Street., stated that they only had so much time to collect names. They are all working people, some are parents, and they can only be stretched so far. She stated that the schools are losing students because people cannot afford to live in Fridley. She was born and raised in Fridley, and wants to stay, but she does not have much choice. She may have to go someplace where it is cheaper to live. Mr. Peter Eisenzimmer, 6535 Oakley Drive, stated that the franchise fee was an outrage. The City can build an underpass underneath Highway 65 that costs $1,000,000. Then, all of a sudden, the citizens have to pay a franchise fee. Medtronic has a twelve-year increment on their taxes. The senior citizens cannot afford higher taxes anymore. It is time for Council to repeal this ordinance regardless of the vote. Not even half of the citizens in Fridley are on the petition. The City is wasting tax-payers money. Mayor Jorgenson stated that the State of Minnesota built the underpass on Highway 65. Council is not responsible for what the State of Minnesota has done. Mr. Eisenzimmer said that the State still used taxpayers money. Mr. Eisenzimmer stated that he has never seen a financial statement for the City of Fridley. He asked what the composition of the City Council was. Councilmember Billings stated that most of the City Council was fiscally conservative. In the last twelve years, the property taxes have only been raised twice because the State of Minnesota is tinkering with the tax formulas. The goal of the House of Representatives is to equalize taxes between commercial and residential property. Right now in Fridley, apartment houses make up about ten percent (10%) of the tax base and pay about ten CITY COUNCIL MEETING OF OCTOBER 25, 1999 PAGE 8 percent (10%) of the taxes. Commercial and industrial make up appro�mately thirty percent (30%) of the tax base and pay about si�y percent (60%) of the real estate taxes. Residential single family makes up about si�ty percent (60%) of the tax base, and pays about thirty percent (30%) of the real estate taxes. The City portion only makes up about fifteen percent (15%) of the property taxes. Councilmember Bolkcom stated that Council has made many cuts and the things they are spending money on helps children and seniors. Mr. Burns stated that he tends to be liberal on social issues but fiscally more conservative. Mayor Jorgenson stated that she is liberal on social issues, but she does not think anyone on the Council is more conservative with tax dollars than she is. Councilmember Wolfe stated that he definitely wants to save as much money as possible, but he tries to be on either side and use common sense. He asked Mr. Eiesenzimmer how much he thought this franchise fee would cost him per year. Mr. Eisenzimmer stated that he heard it would be about $25 for this year. Mr. Eisenzimmer stated that in 1966 Springbrook Nature Center turned out nice. The Council, in 1966, stated that they were not going to spend any money on it. Now there is a $250,000 per year cost. Councilmember Wolfe stated that the fee can only go up one percent (1%). Councilmember Barnette stated that he is liberal on social issues, fiscally very conservative. Mr. Eisenzimmer stated that liberals have a reputation of taxing and spending. Mayor Jorgenson stated that the City is working on putting together a newspaper with more information on where Fridley stands in comparison to the other nine suburban communities around Fridley. Many people have asked her why the City is using the franchise fee versus property tax. Council would like to get this information out to the public because nobody likes being taxed. If Fridley wants to have the programs that are here it will cost money. Mr. Brian Rosen, 8072 Garfield Street, Spring Lake Park, asked if the franchise fee would be levied to Westwood Elementary School. Mr. Burns stated that it would be because the school is located in Fridley, but it is not a very expensive amount. CITY COUNCIL MEETING OF OCTOBER 25, 1999 PAGE 9 Mr. Rosen stated that he would advise Council to not go through with this ordinance. Council has just taxed everyone in Spring Lake Park and Blaine, because they all pay that school district's property taxes, and he resents that. Mr. John Howard, 7549 Tempo Terrace, stated that he was one of the people who helped get signatures. He felt the City would be wasting more taxpayers' money. Mr. Francis Adam van Dan, 6342 Baker Avenue, stated that he has a law degree and has e�tensive experience and knowledge with the law. He felt there were a few misunderstandings. He said it violates the State Constitution to grant a franchise fee to all of the businesses that have been in Fridley before the City became pro-rated. The State recognizes that you cannot levy a fee except to offset the expenses administered in the franchise. Any other thing is illegal. You must go to the Legislature and ask for permission to levy any tax that you want. The Council has the authority to grant franchises, but it is not for election power. Mayor Jorgenson stated that the Legislature gave them the constitutional authority to do this. They had a franchise agreement with one of the utility companies prior to the new one that has just been enacted this summer. There are at least a dozen other communities that are doing this. Mr. Knaak stated that Mr. van Dan was correct in saying that fees can only be levied for offset expenses. This was an express exception in the Statute. The Statute provides that it can be levied for the purpose of obtaining those costs or other purposes. The Statute allows the City also to use it for a revenue source. Mr. van Dan stated that he wondered if the Supreme Court would sustain that. Mr. Knaak stated that it was spelled out very plainly in the Statute. He believed it had been challenged and held up. Ms. Dawn Locker, 6856 Monroe Street, asked if the five monument signs for the City of Fridley has anything to do with the levy. She felt that Fridley was beautiful just as it is. The monument signs are unnecessary. The expenditures have to stop. Councilmember Bolkcom stated that there are six monument signs. Different service organizations have donated money for them. A small portion was being spent by the City for the easements to put the monuments on. Mayor Jorgenson stated that the monuments were a gift to the City of Fridley for the SOt'` Anniversary from the service organizations. Mayor Jorgenson stated that the City Council, who the public has elected, makes the decisions and does not turn all of the decisions over to the public. CITY COUNCIL MEETING OF OCTOBER 25, 1999 PAGE 10 Ms. Locker stated that when the City of Fridley asks the citizens for money, the City should ask citizens before they spend money on places where the citizens are not sure they want it. Mayor Jorgenson stated that Ms. Locker has an opportunity to come and listen to the budget message and to offer comments at that time. The information is presented on cable television, in Focus News, and people can request that they be informed. Mayor Jorgenson stated that at this time, Council needed to move on to the other items in the agenda. She thanked everyone for coming. APPROVAL OF CONSENT AGENDA: OLD BUSINESS: 1. ORDINANCE NO. 1134 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA #99-04, BY BRIAN AND JACQUELINE BONA) (WARD 1): Mr. Burns, City Manager, explained that the subject property is located at 5333 University Avenue. The rezoning is from R-3, Multi-Family Residential to C-2, General Commercial. The rezoning would allow the construction of an automobile service garage. Council approved the first reading of this ordinance at their meeting on October 11. Staff recommended approval of the second and final reading. APPROVED ORDINANCE NO. 1134. 2. RECEIVE THE PLANNING COMMISSION MEETING MINUTES OF OCTOBER 6, 1999: Mr. Burns, City Manager, explained that this was consideration of a motion to receive the Planning Commission meeting minutes of October 6, 1999. RECEIVED PLANNING COMMISSION MEETING MINUTES OF OCTOBER 6, 1999. 3. PRELIMINARY PLAT REQUEST, PS #99-05, BY KIM AND GEORGE BATESON AND MARY AND DENNIS PIETRINI, TO DIVIDE PROPERTY INTO FOUR SINGLE-FAMILY LOTS, GENERALLY LOCATED AT 6217 CENTRAL AVENUE N.E. (WARD 2): Mr. Burns, City Manager, explained that the area being platted is 2.25 acres located along Old Central Avenue just north of Heather Hills on what has CITY COUNCIL MEETING OF OCTOBER 25, 1999 PAGE 11 commonly been referred to as the Skinner property. The plat includes four large lots that range in size from 19,154 square feet to 32,495 square feet. Access to the plat will be from the e�sting street (Heather Place). There are no plans to connect this street with Ben Moore Drive to the northeast. Staff asked the petitioner to provide easements along the southern and eastern borders of the plat for future looping of water and sewer line. The petitioner was also required to have all trees that are to be removed approved by staff. The preliminary plat was approved by the Planning Commission at their October 6 meeting without any objection from any neighbors. Staff recommended Council's approval along with the following eight stipulations: 1) Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties; 2) Petitioner shall provide a 20 foot drainage and utility easement along easterly and southerly property lines of proposed lot 4; 3) Petitioner shall provide a 12 foot drainage and utility easement along the northerly property line of proposed lots 1, 2, 3, and 4; 4) Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed; 5) During construction, silt fencing shall be used where applicable; 6) Petitioner to pay $750 per lot park fees prior to issuance of building permits; 7) Petitioner to pay all water and sewer connection fees; and 8) The petitioner shall agree to preserve mature trees to the e�tent possible. All trees required to be removed for the new homes shall be marked and approved by staff prior to issuance of building permits. APPROVED PRELIMINARY PLAT REQUEST, PS #99-05. 4. PRELIMINARY PLAT REQUEST, PS #99-06, BY KURT MANUFACTURING COMPANY, TO REPLAT FOR THE PURPOSE OF PURCHASING A PORTION OF THE RAILROAD RIGHT-OF-WAY, GENERALLY LOCATED SOUTH OF INTERSTATE 694 AND INDUSTRIAL BOULEVARD AND ASHTON AVENUE (WARD 3): Mr. Burns, City Manager, explained that Kurt Manufacturing asked to combine 19,631 square feet (.45 acres) they acquired from the Burlington Northern Rail Road with their property at 5280 Main Street. The new property is non-buildable due to the location of water and sewer lines. Kurt's intent was to use the area for parking. The Planning Commission gave their approval to the proposed preliminary plat request at their October 6 meeting. There were no objections raised by neighboring property owners. Staff recommended Council's approval of the request with the following stipulations: 1) Grading and drainage plan to be approved by the City's engineering staffprior to the issuance of any permits for the parking lot; 2) Parking lot to be constructed to City Code standards; 3) Petitioner shall provide a 25 foot drainage and utility easement along easterly property line of proposed Lot 1; 4) Petitioner shall combine this lot with e�sting property prior to CITY COUNCIL MEETING OF OCTOBER 25, 1999 PAGE 12 final plat; and 5) Petitioner to pay applicable park dedication fees prior to issuance of any permits. APPROVED PRELIMINARY PLAT REQUEST, PS #99-06. 5. VARIANCE REQUEST, VAR #99-27, BY TOM BRAMA, TO REDUCE THE REQUIRED SIDE YARD SETBACK FOR AN ACCESSORY BUILDING FROM FIVE FEET TO THREE FEET TO ALLOW THE CONSTRUCTION OF A GARAGE, GENERALLY LOCATED AT 1284 NORTON AVENUE (WARD 2): Mr. Burns, City Manager, explained that the variance was needed to allow the construction of an eight unit garage structure at the above address. The garages would serve the seven-unit apartment building that Mr. Brama has recently acquired. The garages would be effectively screened from the adjoining Medtronic property to the south by a stand of evergreens. The Appeals Commission considered the item without objection from neighbors at their October 13 meeting. Staff recommended Council's approval, subject to the following stipulations: 1) Petitioner shall obtain any required permits prior to beginning construction; 2) Staff shall approve the design and location of garbage dumpster and recycling container enclosure prior to the issuance of a building permit. APPROVED VARIANCE REQUEST, VAR #99-27. 6. RESOLUTION NO. 84-1999 FOR A LOT SPLIT, LS #99-03, BY THE FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY, TO SPLIT THE NORTH 20 FEET OF LOT 29, HYDE PARK ADDITION AND SELL PROPERTY TO THE ADJACENT NEIGHBOR AT 5861 MAIN STREET (WARD 3): Mr. Burns, City Manager, stated that the property to be split is located at 5857 Main Street. It was acquired by the Fridley Housing and Redevelopment Authority (HRA) as part of its scattered site acquisition program. By this evening's action the City would be splitting off the northernmost 20 feet of this parcel and selling it to the adjoining property owner at 5861 Main Street. We would also be declaring the property at 5861 Main Street to be a conforming lot in an S-1 district. The lot split allows the HRA to maintain a conforming 60 feet wide lot in S-1 district. At the same time, the attachment of the 20 feet to the neighboring corner property would bring it close enough (63.25 feet) to the required 65 feet for a corner lot in S-1 district to accept it as conforming. The lot split and the declaration of conforming status were approved by the Planning Commission at their October 6 meeting. Staff recommended Council's concurrence. APPROVED RESOLUTION NO. 84-1999. CITY COUNCIL MEETING OF OCTOBER 25, 1999 PAGE 13 7. RESOLUTION NO. 85-1999 FOR A VACATION REQUEST, SAV #99-06, BY THE CITY OF FRIDLEY, TO VACATE THAT PORTION OF CHERYL STREET LYING EASTERLY OF THE SOUTHERN EXTENSION OF THE WESTERLY LINE OF LOT 18 BLOCK L, RIVERVIEW HEIGHTS, ANOKA COUNTY, MINNESOTA (WARD 3): Mr. Burns, City Manager, explained that at the October 11 meeting the City vacated a portion of Cheryl Street adjacent to property owned by Michael and Claudia Geis for purposes of creating an additional buildable lot. Since that time, staff determined that the unbuilt portion of the Cheryl Street right-of-way to the east of Broad Street has no public purpose. Since it was very unlikely that the City would build this portion of Cheryl Street, the City would like to vacate it and allow it to pass to the three adjoining property owners. Staff recommend Council's concurrence. APPROVED RESOLUTION NO. 85-1999. 8. RESOLUTION NO. 86-1999 CERTIFYING DELINQUENT UTILITIES: Mr. Burns, City Manager, explained that this resolution applies to appro�mately 333 utility accounts. The combined amount owed is $232,121.33, including penalties. Prior to this evening, staff notified all property owners of the City's intent to place the bills on their property taxes. Staff had also given them adequate time to respond. After this evening's action, the debtors will have thirty days to pay before the delinquent amounts and penalties are certified to the County. Staff recommended Council's approval. APPROVED RESOLUTION NO. 86-1999. 9. APPROVE AGREEMENT BETWEEN THE CITY OF FRILDEY AND THE CITY OF HILLTOP FOR FIRE PROTECTION SERVICES: Mr. Burns, City Manager, stated that the contract was a two-year contract for services beginning on January 1, 2000. The terms and conditions are the same as those contained in our e�sting contract that will expire at the end of this year, with one exception. It allows the City to charge a$260 fee for reimbursement of an assisting fire department at a Hilltop incident. Staff believed that with this exception, our e�sting fee structure would cover our costs for fire response to Hilltop. Staffrecommended Council's approval. APPROVED AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE CITY OF HILLTOP FOR FIRE PROTECTION SERVICES. CITY COUNCIL MEETING OF OCTOBER 25, 1999 PAGE 14 10. MOTION TO AWARD BID FOR IMAGING AND DOCUMENT MANAGEMENT SYSTEM: Mr. Burns, City Manager, stated that after e�tensive research, staff solicited requests for proposals for an imaging and document management system. This is computer software that would enable staff to research all City computer files using a key word or phrase to retrieve relevant information. After considering four proposals, staff recommended that the contract be awarded to AMI Imaging systems, Inc., in the amount of $97,372. AWARDED BID FOR IMAGING AND DOCUMENT MANAGEMENT SYSTEM. 11. APPOINTMENT: CITY EMPLOYEE: Mr. Burns, City Manager, stated that staff recommended the appointment of Jeana Allen to the position of Public Works Secretary. Jeana has been employed by the City for the past two years in the position of Accounting/Data Processing Clerk. Before coming to Fridley, she worked for Edgecomb Metals for 17 '/z years. In addition to being a very good employee, Jeana is a Fridley resident and a graduate of Fridley High School. Staff believed that Jeana would fit in well at the Public Works Municipal Garage. Staff recommended Council's approval. APPOINTED JEANA ALLEN TO THE POSITION OF PUBLIC WORKS SECRETARY. 12. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 89838 THROUGH 99794. 13. LICENSES: APPROVED LICENSES AS ON FILE WITH THE LICENSE CLERK. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the consent agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: CITY COUNCIL MEETING OF OCTOBER 25, 1999 PAGE 15 MOTION by Councilmember Bolkcom to adopt the agenda. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. CITY COUNCIL MEETING OF OCTOBER 25, 1999 PAGE 16 OPEN FORUM, VISITORS: Mayor Jorgenson stated that this was the time for anyone to address any issues not listed on the agenda. Ms. Mary Rogers, 6111 Star Lane, Apartment #3, stated that the new winter parking policy for her apartment complex was something that was not considered carefully. She asked what the apartment tenants should do with their cars from 2:00 a.m. to 6:00 a.m. when they have to remove the cars from the street lot for snow removal. She felt the policy was very unfair. When the parking lot and building were built, most people only had one car, but now this was not the case any more. There are three people in her family who work and have a car. Mayor Jorgenson stated that the Council took a look at the number of apartment buildings. Ms. Rogers was correct in saying that most were built when most people had one vehicle. Things have changed since the time the ordinance was passed. Staff needs to be able to efficiently remove snow. The City has been having great difficulty removing snow because residents do not remove their cars from the street even during the day hours. This is one of the hard decisions Council had to make to stay within the budget. Ms. Rogers stated that when her apartment manager called the City for more information, he could not get a return telephone call from the Councilmember until the ordinance was passed. There is a space in the back of the apartment building for parking, but it only accommodates less than a third of the vehicles that belong there. The landlord has stated that he has been talking to the City about this. He was told the City was not going to be tagging until after 7anuary 1, 2000. Mayor Jorgenson stated that the City tries to get the streets plowed curb to curb within 24 hours of a snowfall. There has been much difficulty in getting people to move their vehicles. Ms. Rogers stated that she has always been responsible in trying to move her car in time. Councilmember Barnette asked Mr. Hickok if the vacation of the easement near her apartment would help. Mr. Hickok, Planning Coordinator, stated that the vacation would allow them to have some fle�bility on their property to do some other site planning, but it was not part of the package at this time. Mr. Flora, Public Works Director, stated that over the last couple of years, the City took traffic surveys of the cars on the streets in the winter. They found around 200 vehicles on the street. A public hearing on the ordinance was held, the City published two readings in the newspaper, and the ordinance was adopted after two presentations to Council. CITY COUNCIL MEETING OF OCTOBER 25, 1999 PAGE 17 Councilmember Bolkcom stated that sometimes she has seen in the winter that the parking lot was empty so the apartment owner could plow the parking lot leaving people parking on the street. She gets a lot of telephone calls from people asking her if there is something she could do about people parking on the street. The landlords need to be involved in trying to work something out with the apartment tenants and the City as well. Ms. Rogers stated that her landlord has parking on both sides. All of the parking is being taken already. Mayor Jorgenson stated that this needed to be addressed. She encouraged the Public Safety Department and the Public Works Department to work with the Rental Coalition. Mr. Flora gave Ms. Rogers his card so she and her landlord could contact him to work out some options. Mr. Burns stated that Ms. Rogers raised a good point. The City should try to work with the Chamber of Commerce to try to find a solution. Mayor 7orgenson stated that the Community Development Department should be involved as well, because they are the ones who are going to have to enforce the parking situation. Ms. Rogers thanked Council. 14. CONTINUATION OF THE PUBLIC HEARING ON THE ASSESSEMNT FOR THE 1999 WEED ABATEMENT (TABLED OCOTOBER 11, 1999): MOTION by Councilmember Bolkcom to remove this item from the table and open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:57 P.M. MOTION by Councilmember Bolkcom to receive a letter from Mr. Maynard Nielsen, dated October 17. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Pribyl, Finance Director, stated that since the October 11 public hearing, three properties have paid their weed assessment. This is the assessment for those properties that were in violation of the Section 1 of the City Code. Mr. Hickok, Planning Coordinator, stated that at the last opportunity to hear this issue, there were some questions about some properties. Mr. Nielsen's property at 61gt through CITY COUNCIL MEETING OF OCTOBER 25, 1999 PAGE 18 62"d Way at Ashton and East River Road, had questions about how he was charged for the assessment. Mr. Nielsen had the largest amount being assessed. Mr. Nielsen was charged for the size and comple�ty of his entire fields. He was not charged according to tax parcel number. At the last meeting, there was a belief that because Mr. Nielsen had eleven properties, he may have been charged on a per parcel basis. That was not correct. When the Finance Department assigns the values to be assessed they attach those to the property identifications. Mr. Hickok continued by saying that in this case, there were two parcels that needed to be mowed. The mower mows accordingly. The charge is based solely on the job, not the number of parcels. The mower did not know there were eleven individual parcels in these properties. There was also a question about 52nd Avenue. Mr. Paul Johnson owns property by Cheapo Records. After talking with the City's contractor and reviewing the amounts charged, the conclusion was that Mr. Johnson would have been charged $76 per lot. At the last meeting there was question regarding whether Cheapo Records' S0-foot lot has been mowed along with Mr. Johnson's neighboring lot and assessed to Mr. Johnson. With or without the Cheapo Records property, Mr. Johnson would have been billed $76. The size and maintenance of Cheapo Records' lot had no effect me on Mr. Johnson's amount due. There is a chart in Council's packet which contains the information about the other properties and to address their assessments. Mayor Jorgenson stated that questions have been raised about an additional letter notification that these properties would be put on a regular maintenance schedule. Mr. Hickok stated that the folks were notified one time that their property would be mowed if they were not maintained. They were not notified on a reoccurring basis. They received a notice and then were put on a schedule to be mowed along with the City lots. Mayor Jorgenson asked Mr. Knaak for clarification as to the specificity's of the legal notice sent to the property owners. Mr. Knaak stated that it was his conclusion, based on the correspondence, that there was sufficient notice for the City to go forward and do what the City did. He suggests that the City specify in the ordinance that it is a possibility that the City would put the property on a maintenance schedule. There is a possibility that there could be an ambiguity in the way that the ordinance was drafted. Councilmember Bolkcom asked Mr. Hickok to clarify the history of the properties. Mr. Hickok stated that they have been mowed more than once by the City in the past. The majority of the properties have been problem properties. This year the City took a stance and made a point that the owners either take care of their own property or it would be taken care of by the City. CITY COUNCIL MEETING OF OCTOBER 25, 1999 PAGE 19 Councilmember Bolkcom stated that the goal in reality is that the property owners take care of their properties. The City would rather have the property owners do it on their own. Mr. Hickok stated that was correct. Councilmember Barnette stated that particularly on the Nielsen property he felt that Mr. Nielsen's lot did not grow that fast. $4,000 and nine times mowing is excessive. Mayor Jorgenson stated that the other lots that were put on the same maintenance schedule were also mowed the same number of times. The cost is based on the amount of material that was mowed and the length of time it took to mow it. If it was unfair for one person, then it was unfair for all. Councilmember Barnette stated that he agreed with that, but he was looking at the total amount. He would like to know how long it took to cut Mr. Nielsen's property. Councilmember Wolfe asked Mr. Hickok how short the contractor cut the property. He cuts his weeds along his fence twice a year and it does not get above ten inches. If the properties are on a regular schedule, they are probably cutting it before it gets to ten inches. Mayor Jorgenson stated that that was probable. Councilmember Wolfe stated that if they are cutting lots every two weeks and the grass does not get to ten inches in that time, four of those cuttings were probably unnecessary. He agreed with Councilmember Barnette that it may have been cut five e�tra times, and that it may look bad, but according to the City Code it was not in violation if it is not up to ten inches. Councilmember Bolkcom stated that this is a continual problem year after year for some of these properties. If you are living near this property, the value of your property is decreased. When people drive down the street and see these properties it still does not look good. She agrees that ne�t year they should be more detailed when they send that first letter to state that the property would be put on a regular mowing schedule. Councilmember Wolfe stated that he agreed partly with Councilmember Bolkcom, but he felt that if the grass is not ten inches it should not be cut. Mr. Flora stated that when they cut the corridor, the length varies from three to six inches. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Council- member Wolfe. CITY COUNCIL MEETING OF OCTOBER 25, 1999 PAGE 20 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 9:17 P.M. OLD BUSINESS: 15. RESOLUTION NO. 87-1999 ADOPTING ASSESSMENT FOR 1999 WEED ABATEMENT (TABLED OCTOBER 1, 1999): MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to adopt the resolution adopting assessment for 1999 Weed Abatement. Seconded by Councilmember Billings. Councilmember Billings asked Councilmembers Barnette and Wolfe if they are prepared to propose that the amounts be reduced. Councilmember Barnette stated that he was not going to propose that, but he was going to vote his disapproval. If the money was reduced, he does not know where the money to pay the contractor would come from. Councilmember Bolkcom asked Councilmember Barnette if he was proposing that Council adopt some new way of monitoring and mowing the properties. Councilmember Barnette stated that they have to do a better job of letting people know each time. The letter should state that their properties will be put on a two-week mowing schedule and what the cost will be. If the property owners do not maintain their property then they really do not have an excuse. Mayor Jorgenson stated that she felt the property owners do need clarification on how to deal with this in the future. Councilmember Bolkcom stated that after the property was mowed the first time someone could have made contact because there was a telephone number on the letter. Mr. Paul Johnson, owner of property at 52nd Avenue and Central Avenue, asked Mr. Hickok when his property was mowed last. Mr. Hickok stated that he did not have that number available, but he estimated the last time was the last week in September or the first week in October. CITY COUNCIL MEETING OF OCTOBER 25, 1999 PAGE 21 Mr. Johnson showed pictures of his property and Cheapo Records' property. He stated that he mowed the property today as low as he could cut it. He could not find anything that was over eight inches. He believed that every two weeks was too often. He did not know that his property was put on a regular maintenance schedule. He was going to mow the lawn when it got to ten inches, but it never got a chance to get up to ten inches. Mayor Jorgenson stated that most of the grass is dormant at this stage. To compare grass in October to what the grass was in the summer is no comparison. She stated that Mr. Johnson's property was not charged for the Cheapo Records lot. Councilmember Bolkcom stated that Mr. Johnson has had a history of non-compliance since 1994. Mr. Johnson stated that he has had health problems, and the City should give more adequate notice. Mayor Jorgenson stated that she has addressed the issue as to whether or not legal notice was provided to the property owners that their land was going to be maintained. Mr. Knaak stated that the e�stence of the requirements of the ordinance are public notice. The fact that people do not make a habit of reading City ordinances is a reality. The public is expected to know what ordinance requirements are. The City provided additional notification by way of letter. The basic ordinance has a certain size the grass needs to be and allows the City to maintain it. Mr. Johnson stated that the grass will not be ten inches high two weeks after it is first cut. UPON A VOICE VOTE, TAKEN ON THE ABOVE MOTION, COUNCILMEMBER BOLKCOM, COUNCILMEMBER BILLINGS, AND MAYOR JORGENSON VOTED IN FAVOR OF THE MOTION. COUNCILMEMBER WOLFE AND COUNCILMEMBER BARNETTE VOTED NAY, MAYOR JORGENSON DECLARED THE MOTION CARRIED THREE TO TWO. Mayor Jorgenson stated that they have already discussed item numbers 16, 17, and 18, so they continued to item number 19. 19. INFORMAL STATUS REPORTS: Mayor Jorgenson asked the remaining members of the audience if they were there for a particular item. They stated that they were watching government in action for the students they were with for a school project. CITY COUNCIL MEETING OF OCTOBER 25, 1999 PAGE 22 Mayor 7orgenson stated that Springbrook Nature Center would be holding their Halloween event this Saturday. Fridley will be having their own haunted house at the fire training tower facility by Columbia Arena. The cost is minimal, and she encouraged people to make alternate Halloween activities for this year. For further information people can call the Municipal Center at 571-3450 and ask for the Recreation Department. Mr. Burns stated that he has three items to talk with the Council about after the meeting regarding the liquor store, the Fridley `49er Days celebration, and improvements for the front of the Municipal Center. Mr. Pribyl stated that the construction completion date for the liquor store is estimated at November 4. The store will probably open a few weeks after that. A grand-opening Thanksgiving sale is planned. Mayor Jorgenson stated that the public access channel will not be televising the items that were discussed in tonight's meeting due to the playoffs for the Fridley/Totino Grace football game. Councilmember Barnette stated that the game was in Fridley, and he is the announcer. ADJOURNMENT: MOTION by Councilmember Bolkcom to adjourn the October 25, 1999 City Council Meeting at 9:42 p.m. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING WAS ADJOURNED AT 9:42 P.M. Respectfully submitted, Signe L. Johnson Nancy J. Jorgenson Recording Secretary Mayor